VDOT RATES: $500.00 – Push Rate and $250.00

DEPARTMENT OF TRANSPORTATION

Stephen C. Brich, P.E. 1401 East Broad Street (804) 786-2701

Commissioner Richmond, Virginia 23219 Fax: (804) 786-2940

VirginiaDOT.org

WE KEEP VIRGINIA MOVING

September 17, 2021

Prospective Snow and Ice Control Contractors for Richmond District, Interstate

Maintenance North

The Virginia Department of Transportation (VDOT) is pleased to announce the

electronic M7B bidding site, (Plow4VA) will be available to contractors beginning

Friday, September 17, 2021. The electronic M7B bidding site is the mandatory sign

up process for

all

snow and ice control vendors and is located at

https://plow4va.com/. There will be no “paper agreements” accepted. All vendors

must be in the Virginia eProcurement Portal (eVA) in order to do business with the

Commonwealth of Virginia.

The electronic M7B bidding site will require a match of the contractor's eVA ID,

SWAS ID and email

address used in the eVA profile for security purposes. To find

your business information in eVA, go to

the main eVA site at http:

//www.eva.virginia.gov/ and click on 'Vendors' located center page. For

assistance,

please contact the eVA Customer Care at 1-866-289-7367 or 804-371-2525. VDOT

is unable to make or request updates to Contractor's eVA profiles.

VDOT RATES: $500.00 – Push Rate and $250.00 – Stand By Rate

1. Completed and Executed Electronic Snow Removal Equipment

Agreement and

Attachments must be submitted by October 11,

2021 to be eligible for mobilization bonus payments.

2. VDOT will offer a onetime incentive payment of $300.00 to

contractors who complete an early sign up by September 27, 2021.

Equipment inspected, accepted and meets VDOT specifications by

October 29, 2021.

A proper Insurance Certificate must be submitted with the

electronic agreement

to include automobile, general liability and

workers comp as applicable. Insurance documentation must list

VDOT as an Additional Insured and a copy of the endorsement

page from the insurance policy must be included.

5. Equipment was successfully rigged (if applicable) and ready for

snow removal

operations by October 29, 2021.

6. Vehicle registration must be provided with the electronic

agreement.

If you have any questions, feel free to contact one of the following VDOT

employees:

Gary Jennings @ 757-345-1005

Robert Campbell @ 757-784-6463

Brandon King @ 804-896-6529

We appreciate your interest in doing business with VDOT and look forward to

another successful year in

snow and ice control services.

PLOW VA Richmond District – Interstate Maintenance North Special Terms

2021 / 2022

● Completed Electronic Plow4VA Snow Removal Agreement and all required attachments must be

submitted by October 11, 2021 to be eligible for equipment mobilization bonus payments.

● In addition to the mobilization bonus, VDOT will offer a one-time incentive payment of $300.00

per contractor who fully completes the Plow4VA agreement by September 27, 2021 provided all

documents are presented as required, equipment offered passes inspection and is accepted by

VDOT.

Section I.E.2 – The contractor must schedule appointments for equipment verification by VDOT and

must receive final approval from VDOT for the completion of rigging by October 29, 2021.

Section I.G.1.B – The contractor must have the AVL installed, according to Cal/Amp’s installation

instructions, obtained from Cal/Amp, and accessible to VDOT by October 29, 2021.

Section IV.D.1.a – Rigging performed by the Contractor: VDOT will pay the contractor a one-time rigging

fee of $500.00 per truck for initial (“first time”) installation only if the completed rigging is finally

inspected and approved by VDOT in accordance with Section I, snow Removal Operations, Item

F, Rigging, Equipment 3.

PLOW4VA Residency Agreement “Special” TERMS AND CONDITIONS

SUPERVISOR VEHICLES

● Any Contractor who offers and provides five (5) or more vehicles and/or equipment to the same

Designated VDOT Location shall also provide Supervisors for each shift with a 4-wheel drive

vehicle equipped with an AVL device and his/her own cell phone only when requested by the

assigned Designated VDOT Shift Supervisor. This requirement includes equipment added on

separate Agreements.

● The number of Supervisors required shall be:

A) If providing 5-10 contracted vehicles/equipment: one Supervisor with vehicle per shift.

B) If providing 11-19 contracted vehicles/equipment: two Supervisors with vehicle per shift.

C) If providing 20 or more contracted vehicles/equipment: three Supervisors with vehicle per shift.

● Contract Supervisor responsibilities shall be to ensure their operators have the necessary

equipment, know their assigned routes, and plow according to VDOT standards. The standards

will be presented at the snow removal training sessions. Contract Supervisors will be required

to inspect the routes during all Operational Services. Contract Supervisors will remain in

telephone contact with the assigned Designated VDOT Location at all times during Operational

Services. Contract Supervisors must be able to communicate effectively in English.

● VDOT reserves the right to assign Contractor Supervisors to another area and/or other

equipment to monitor road conditions.

● VDOT will pay the Contractor $75.00 per hour, per Supervisor with vehicle, for supervision of

Contractor’s equipment during Operational Services only.

● There will be no mobilization payment for supervisor vehicles.

PLOW4VA Residency Agreement “Special” TERMS AND CONDITIONS

PILOT TRUCKS (Advanced warning vehicle with 360 Degree rotating amber light)

● Pilot trucks will be requested by the assigned designated VDOT location Superintendent or shift

Supervisor to be used in conjunction with graders, loaders and tractors as needed on particular

routes.

● Pilot trucks will be a separate line item on the agreement for the 21/22 season.

● AVL’s will not be required on Pilot trucks.

● Pilot trucks will be paid an operational rate during snow removal services

● There will be no mobilization payment for Pilot trucks.

2021-2022

SNOW REMOVAL EQUIPMENT SERVICES AGREEMENT

M-7B

TABLE OF CONTENTS:

I. Snow Removal Operations

A. Scope of Services

B. Licensed Equipment

C. Unlicensed Equipment

D. Operator

E. VDOT

F. Rigging Equipment

G. Automatic Vehicle Location System (AVL) Equipment for Licensed

Equipment

1. Part 1: (Cal/Amp Distributed Units)

2. Part 2: (VDOT Distributed Units) - Lynchburg District Only

II. General Terms and Conditions

III. Special Terms and Conditions

A. Award

B. Additional Equipment

C. Requested Hourly Rates

D. Assignment Location Preference

E. Vehicle Inspection, Verification and Registration

F. Insurance Requirements

G. Worksite Damage

H. Damage Claims

I. Prime Contractor Responsibilities

J. Subcontracting

K. Indemnify, Defend, and Hold Harmless

L. Renewal of Agreements

M. Conduct in the Workplace

N. Safety and Health Standards

O. VDOT-Issued Equipment or Components

P. Acceptance of Bid

Q. Termination

R. Sign-Up Sessions

T. SWaM

U. Emergency Declarations

V. COVID-19 Safety Measures

IV. Payment and Invoicing

A. Hourly Rate

B. Standby Rate

C. Rigging Contractor Trucks with VDOT-Owned Equipment

D. Mobilization Payment

E. Invoicing and Payment

DEFINITIONS: Whenever used in this solicitation or in the Agreement documents, the

following terms have the meanings indicated, which are applicable to both the singular and

plural and the male and female gender thereof.

1. Push Time: is defined as time actively engaged in winter operations as directed by VDOT

or designee.

2. Standby Time: is any other time when mobilized that is not “Push Time”. If, during an

event, there is a pause in precipitation, but precipitation is forecasted to begin again and

the Contractor will be needed, they shall be placed on “Standby Time” until it is warranted

to return them to “Push Time” or release them.

3. Operational Rate: (where applicable as specified by the District’s Special Terms and

Conditions) refers to a flat rate paid for an active winter operations for any time a

Contractor is requested to work. Includes active engagement (“Push Time”) as well as

time when mobilized, but not actively participating (“Standby Time”).

4. Employee is defined by the Virginia Workers’ Compensation Commission

(http://www.vwc.state.va.us/). More information about coverage can be found on their

site’s Employer page at http://www.vwc.state.va.us/content/employers.

The purpose of this Snow Removal Equipment Services Agreement (“Agreement”) is to obtain

equipment with operators to provide emergency snow and ice removal services as ordered by the

Virginia Department of Transportation (“Department “or “VDOT”) during winter weather

events. Winter weather events and the conditions they produce are unpredictable, and the

services required during these events are time sensitive and ever-changing. For these reasons,

VDOT will order services under this Agreement on an as-needed basis, as determined by VDOT

in its sole discretion. To be clear, this Agreement is for an indefinite quantity of services; VDOT

does not agree to any amount of snow removal services from the Contractor during the term of

this Agreement.

I. SNOW REMOVAL OPERATIONS

A. SCOPE OF SERVICES

1. Upon request, the Contractor shall furnish to the Department any and all equipment

described in the Snow Removal Equipment Services Agreement submitted and

approved through https://www.plow4va.com/, along with experienced operator(s) for

the purpose of providing snow removal and other road clearing and treatment services

described in the Agreement (“Operational Services”). The Contractor shall provide

Operational Services during the Term of each year of the Agreement. This Agreement

may be renewed in accordance with Section III, Special Terms and Conditions, M.

Renewal of Agreement.

2. The Contractor shall provide Operational Services at locations within the Area

Headquarters, Residencies and Districts selected. VDOT may request and the

Contractor may agree to work in other locations under the same terms and conditions

as this Agreement. Any Area Headquarters, Residency or District in which the

Contractor is assigned or agrees to provide Operational Services shall be referred to

as the “Designated VDOT Location” in the Agreement.

3. The Term of this Agreement shall be from the date the vendor Agreement is approved

through April 30

of the year following the year of the effective

date.

4. The Contractor will be paid the hourly rates selected for equipment with operator

used while the Contractor is actively performing Operational Services in accordance

with the Department’s directions. If the Department requests the Contractor to be on

standby in preparation prior to or during the expected weather events, the Contractor

will be paid 50% of the Push Rate or otherwise as specified in the District Special

Terms and Conditions.

a) Standby payment will begin when each piece of equipment, and the operator,

reports to the designated VDOT location, and continues during the time the

equipment and operator remains in the staging process, but is not engaged in

active Operational Services.

b) The Standby Rate shall cease for each piece of equipment when VDOT either

orders the commencement of active Operational Services or releases the

equipment and operator from use.

c) Work under this Agreement at the Designated Rate shall commence when VDOT

directs the Contractor’s equipment operator to perform active Operational

Services. Work at the Designated Rate under this Agreement shall cease when

VDOT directs the Contractor’s equipment operator to stop active Operational

Services, or to go on Standby.

5. VDOT may only make one (1) call to the Contractor’s listed number at the beginning

of the snow event to request Operational Services from the Contractor (“Call-In

Notification”). The Contractor will be responsible for ensuring that its phone number

is updated at the Designated VDOT Location. VDOT will establish and advise the

Contractor of the time for reporting during this Call-In Notification.

a) The Contractor’s operator shall be required to report to the designated VDOT

Location with equipment within two (2) hour(s) of VDOT’s Call-In Notification.

In the event that the Contractor Call-In Notification is later than the hours listed

above, the Contractor shall report at the specific time provided.

b) Each of the Contractor’s operators shall report to the Designated VDOT Location

with all equipment, fuel and any other incidentals needed to provide immediate

Operational Services.

c) Equipment photos taken during equipment verification may be used when

reporting for operational service to verify the registration, license plate and

Vehicle Identification Number (VIN). (See Section E.2 VDOT)

d) Once Contractors are called to demobilize during an Event, all VDOT materials

must be returned and unloaded at the VDOT location directed by the Department.

6. The Contractor shall permit the Department, at its discretion, to mount, place, remove

and maintain VDOT equipment or components, including but not limited to: plows, A-

frames, lights and spreaders on the Contractor’s equipment. VDOT will determine and

schedule the time at which VDOT equipment or components will be installed on the

Contractor’s equipment. VDOT will maintain VDOT equipment or components only.

a) All VDOT accessories listed in this Agreement may not be available to the

Contractor. For example: lights will not be available in some locations. At VDOT

informational meetings, and at other times, as determined by VDOT, Contractors

will be informed as to which accessories will be provided at each Designated

VDOT Location.

b) If VDOT provides and installs plows on the Contractor’s equipment, VDOT may

also provide and install additional sets of lights. VDOT will not be responsible for

providing or installing additional lights on the Contractor’s equipment that

include plows and spreaders provided and installed by someone other than

VDOT.

7. The Contractor shall not perform, or offer to perform, any snow removal operations at

the direction of any private individuals, firms, or corporations, while performing

Operational Services with equipment being used under this Agreement. VDOT

equipment or components shall never be used for private use. VDOT equipment or

components shall only to be used on State Rights of Way as directed by VDOT.

8. The Contractor shall perform all Operational Services in such a manner as to

satisfactorily remove snow and ice from assigned roadways under current weather

conditions.

9. The Contractor shall pick up all VDOT-issued equipment from the Designated VDOT

Location no later than the date provided in the District Special Terms and Conditions.

10. The Contractor shall return all VDOT equipment to the Designated VDOT Location

no later than the date provided in the District Special Terms and Conditions.

11. The Contractor shall be in full compliance with all OSHA and VOSH personnel,

equipment, and safety regulations.

B. LICENSED EQUIPMENT

1. The Contractor’s equipment shall include: vehicles, fuel, chains, supplies, and any

tools necessary to insure safe operation and safe equipment. Equipment shall be

properly licensed and shall adhere to all applicable federal and state motor vehicle

regulations. The Contractor shall maintain all required equipment in a condition that

enables the Contractor to safely and effectively perform services throughout the

duration of the Agreement. Any equipment failing to meet any of the Agreement

standards, deemed to be inadequate, or requiring an inordinate amount of alterations,

shall not have VDOT snow removal equipment /components installed, and shall not

be allowed to perform work under this Agreement. The Contractor is not eligible for

payment (at Standby Rate or at the Designated Rate) until equipment is brought into

compliance by the Contractor, as solely determined by VDOT.

2. Equipment changes or substitutions during the term of the Agreement will only be

considered for like equipment (example: replacing a broken-down 4X4 Pickup with

an operable 4X4 Pickup) and must be approved by VDOT.

3. The Contractor shall ensure its equipment has the capacity to operate VDOT plows

and spreaders once such equipment is installed. The Contractor is also responsible to

insure that none of its equipment is overweight. On all equipment that is equipped

with a chemical spreader, the Contractor shall have the tail lights visible and

unobstructed by the spreader chute or free standing spreader stand legs. The

Contractor shall also be responsible for ensuring the spreader is working properly,

and that all warning signs are kept clean so that they can be read easily, and that all

warning lights and backup alarms are operational at all times. For VDOT-provided

spreaders, if tail light adjustment is needed to meet the requirements due to free

standing spreader stand legs, VDOT may provide the lights and installation of the

lights, but the Contractor, or representative of the Contractor, shall be responsible for

the wiring of the lights into the truck lighting system. For private spreaders, the

Contractor shall be responsible for lights, warning signs and installation. The

Contractor shall ensure each Contractor-owned spreader is equipped with a prismatic

lens sheeting sign, mounted and clearly visible, on the rear of the spreader which

reads KEEP BACK 100 FEET.

4. Per the current version of the Virginia Work Area Protection Manual (WAPM) and

subsequent revisions, each vehicle involved in Operational Services shall be equipped

with at least one rotating amber light or high intensity amber strobe light, and shall be

visible 360 degrees around the vehicle on which they are installed. Vehicle hazard

warning lights can be used as a supplement, but shall not be used instead of rotating

lights or strobe lights.

5. All single axle, tandem, and multiple axle trucks, dump or otherwise, to be rigged

with VDOT-owned plows and/or spreaders, shall have a minimum 12,000 pound

weight rating capacity for the front axle.

6. Contractor trucks to be rigged with VDOT-owned spreaders will be required to insure

truck beds are level and free of any dents, damage, debris, or any other material that

may obstruct smooth and safe loading of VDOT spreaders for those Designated

VDOT Locations using portable spreader stands.

7. The Contractor shall be responsible for properly securing equipment and materials on

their vehicles at all times.

8. The Contractor is responsible for all rigging and maintenance when vehicles with

auxiliary equipment are provided by the Contractor.

9. The Contractor shall be responsible for providing cutting edges/blades for plows

provided by the Contractor. The Contractor shall be required to replace blades as

required and at the sole discretion of VDOT.

10. All contractors transporting equipment and materials in excess of legal size and gross

vehicle weight rating (GVWR) are required to obtain and retain appropriate hauling

permits in accordance with the Department of Motor Vehicle's Hauling Permit

Requirements Manual.

a.) Contractors who are providing their own plows or spreaders for snow removal

operations:

i. Contractors providing their own plows and spreaders must obtain

appropriate hauling permits directly from the DMV. Contractors may

contact DMV Hauling Permit section at 804-786-2787 for more details.

b.) Contractors carrying VDOT-owned plows and spreaders for snow removal

operations:

i. VDOT will issue hauling permits at no charge for Contractor Trucks that

are using VDOT-owned plows and spreaders. The “Effective Date” field

and the field beneath “VDOT” for the Contractor company name shall be

computer generated and printed at the time the hauling permit is

issued. These two fields shall not be hand written on the hauling permit.

ii. The Contractor's VIN number can be computer generated or hand written,

but must be entered to make each hauling permit specific to each truck.

iii. These hauling permits expire 1 year from the effective date entered.

iv. Hauling permits must be kept in the assigned vehicle and made available

upon request.

11. The Contractor shall provide tire chains when needed for all Contractor provided

equipment, including loaders and graders. In the event a Contractor’s vehicle gets

stuck, the Contractor shall immediately notify the Designated VDOT Location to

which the Contractor is assigned. No payment at the Designated Rate or Standby Rate

will be authorized until the vehicle is back in operating status. The Contractor, not

VDOT, will be responsible for rescuing their equipment should it become stuck.

12. The name of the Contractor's company shall be displayed on both sides of equipment

on all licensed equipment, including Supervisor vehicles while on VDOT right of

way.

13. In the event the Contractor’s equipment breaks down, the Contractor shall

immediately notify the Designated VDOT Location to which the Contractor is

assigned. No payment for that piece of equipment will be authorized until the

equipment is back in operating condition. With VDOT’s prior approval, the

Contractor may substitute an equivalent piece of equipment. If this substitute

equipment requires any VDOT rigging, there will be no payment made to the

Contractor during rigging of the substitute equipment. VDOT may bill the Contractor

the additional VDOT rigging time.

14. The Contractor is required to contact the Designated VDOT Location immediately if

they are involved in an accident while performing snow removal operations. If the

equipment is no longer able to perform the service, with VDOT’s prior approval, the

Contractor may substitute an equivalent piece of equipment. If this substitute

equipment requires any VDOT rigging, there will be no payment made to the

Contractor during rigging of the substitute equipment. No payment for that piece of

equipment will be authorized for payment during downtime.

15. The Contractor shall be responsible for ensuring that all of their equipment is in full

compliance with local, state and federal requirements, laws and standards and shall

ensure their equipment meets all Federal Department of Transportation (USDOT) and

Virginia State Inspection standards as applicable (prior to installation of VDOT

equipment or components).

16. Contractor trucks and equipment that will be utilizing a VDOT electric plow and / or

spreader shall have an alternator with a minimum output of 120 amps. Contractor

trucks and equipment that have 24 volt systems shall have a dedicated 12 volt battery

circuit / system for the electric plow and / or spreader. Failure to meet the above

requirements will result in VDOT being unable to properly rig / wire the equipment;

therefore, VDOT reserves the right to decline trucks and / or equipment not equipped

with proper charging systems as outlined above.

17. The Contractor shall not leave their assigned routes for any reason without notifying

the Snow Shift Supervisor or Monitor during times of staging for standby or during

active snow removal operations, to include stopping for fuel or food. Any Contractor

equipment found to not be in their assigned staging area or in their snow removal

route without proper notification will be removed from the clock until the

Contractor's equipment can be located. Leaving the assigned route or staging area

without proper notification may cause for equipment to be released from operations,

removed from active call list, and/or the Agreement terminated.

C. UNLICENSED EQUIPMENT

1. The Contractor’s equipment shall include: vehicles, fuel, chains, supplies, and any

tools necessary to insure safe operation and safe equipment. Equipment shall adhere

to all applicable federal and state motor vehicle regulations. The Contractor shall

maintain all required equipment in a condition that enables the Contractor to safely

and effectively perform services throughout the duration of the Agreement. Any

equipment failing to meet any of the Agreement standards, deemed to be inadequate,

or requiring an inordinate amount of alterations, shall not have VDOT snow removal

equipment /components installed, and shall not be allowed to perform work under this

Agreement. The Contractor is not eligible for payment (at Standby Rate or at the

Designated Rate) until equipment is brought into compliance by the Contractor, as

solely determined by VDOT.

2. Equipment changes or substitutions during the term of the Agreement will only be

considered for like equipment (example: replacing a broken-down motor grader with

an operable motor grader and must be approved by VDOT).

3. Per the current version of the Virginia Work Area Protection Manual (WAPM) and

subsequent revisions, each vehicle involved in Operational Services shall be equipped

with at least one rotating amber light or high intensity amber strobe light and shall be

visible 360 degrees around the vehicle in which they are installed. Equipment hazard

warning lights can be used as a supplement but shall not be used instead of rotating

lights or strobe lights.

4. The Contractor is responsible for all rigging and maintenance when vehicles with

auxiliary equipment are provided by the Contractor.

5. The Contractor shall provide tire chains when needed for all non-licensed equipment

including loaders and graders. In the event a Contractor’s vehicle gets stuck, the

Contractor shall immediately notify the Designated VDOT Location to which the

Contractor is assigned. No payment at the Designated Rate or Standby Rate will be

authorized until the vehicle is back in operating status. The Contractor, not VDOT,

will be responsible for rescuing their equipment should it become stuck.

6. In the event the Contractor’s equipment breaks down, the Contractor shall

immediately notify the Designated VDOT Location to which the Contractor is

assigned. No payment for that piece of equipment will be authorized until the

equipment is back in operating condition. With VDOT’s prior approval, the

Contractor may substitute an equivalent piece of equipment. If this substitute

equipment requires any VDOT rigging, there will be no payment made to the

Contractor during rigging of the substitute equipment. VDOT may bill the Contractor

the additional VDOT rigging time.

7. The Contractor is required to contact the Designated VDOT Location immediately if

they are involved in an accident while performing snow removal operation. If the

equipment is no longer able to perform the service, with VDOT’s prior approval, the

Contractor may substitute an equivalent piece of equipment. If this substitute

equipment requires any VDOT rigging, there will be no payment made to the

Contractor during rigging of the substitute equipment. No payment for that piece of

equipment will be authorized for payment during downtime.

8. The Contractor shall be responsible for ensuring that all of their equipment is in full

compliance with local, state and federal requirements, laws and standards.

D. OPERATOR

1. The Contractor shall provide sufficient qualified operator(s) to insure continuous 24

hour per day Operational Services during a winter weather event as directed by the

Designated VDOT Location. Operator(s) must be properly licensed and adhere to all

applicable federal and state motor vehicle regulations.

2. Operator(s) shall wear safety attire while performing Operational Services. Safety

attire shall be provided by the Contractor. Operator(s) shall wear a hard hat and safety

vest/garment anytime the operator is out of the vehicle. Safety attire shall be in

accordance with the Virginia Work Area Protection Manual.

3. Under no circumstances shall a Contractor, while performing under this Agreement

allow, or be permitted to have, passengers under 18 years of age, ride in snow removal

vehicles. Contractors observed allowing private or passengers under 18 years of age in

vehicles during Operational Services may be issued a “Procurement Complaint Form”,

and the Agreement may be terminated and no payment will be made for demobilization

fees. Animals are prohibited from riding in the vehicle during snow removal operations.

No minors under the age of 18 will be allowed to perform Operational Services or be

present on VDOT work site(s), including in the Contractor’s vehicle, when and where

this Agreement will be performed

4. To ensure the overall safety of all personnel and the traveling public, the Contractor is

required to provide operators who are able to communicate using the English

language, understand instructions provided using the English language, and read and

understand maps and emergency road procedures. The operators shall be required to

demonstrate that they are capable of understanding instructions in English for safe

and effective operations. These instructions will include: plowing and spreading

instructions; techniques appropriate to the route; detailed yard requirements such as

standby area, parking areas and routes to follow, loading and unloading chemicals,

road maps and VDOT snow maps, and emergency road procedures. If the operator is

not capable of understanding these instructions, the Contractor will be notified and a

replacement operator will be required. Until an appropriate replacement operator is

put in place the Contractor will not be compensated.

5. It will be the Contractor’s responsibility to provide operator(s) with valid licenses.

When required for the equipment being operated, the operator of the equipment shall

possess a valid Commercial Driver’s License (CDL) with the proper endorsements,

and shall have this license in their possession during operations of the vehicle. Failure

to comply with this request constitutes unsatisfactory performance and may result in

termination of the Agreement. VDOT reserves the right to spot check any operator’s

license at any time during Operational Services, and to check the validity of the

license with Virginia’s Department of Motor Vehicles at any time during the term of

the Agreement.

6. The Contractor shall be responsible for establishing schedules so that any individual

operator is not permitted to work more than 14 consecutive hours (to include standby)

without having at least a 6-hour break. If the duration of the snow event requires it,

the Contractor shall ensure that properly trained and licensed relief operator(s) are

available to sustain 24 hour operations. Contractors that repeatedly fail to provide

relief drivers will have their equipment removed from the active call-in list.

Continued failure to adequately staff equipment may be cause for the Agreement to

be terminated.

7. The Contractor shall be responsible for ensuring that all of their operators are in full

compliance with local, state and federal requirements, laws and standards.

8. Contractors shall ensure all operators are properly trained in snow removal

operations, including: snow removal and treating techniques, safety requirements,

proper identification of snow removal areas, and proper communication of operation

status with VDOT personnel. Contractor operators found to be plowing/treating

roadways incorrectly, or plowing/treating privately owned roads or property, shall be

released from operations until the Contractor can either replace the operator or ensure

that the operator will perform as required. Contractor may be required to compensate

VDOT for any improperly used materials and/or time used.

E. VDOT

1. The Department, when necessary, through the Designated VDOT Location

supervisor or designee, will request equipment from the approved Snow Removal

Equipment Services Agreement submitted and approved through

https://www.plow4va.com/. VDOT reserves the right to determine the most

effective and cost efficient method of responding to a snow removal event. VDOT

reserves the right to solely use its own equipment and to use or not use any

contracted equipment.

2. Prior to e-signing the Agreement by VDOT, each piece of offered equipment is

subject to verification by VDOT personnel. The intent of the equipment verification

process is to verify that the equipment provided physically matches what is

registered by the Contractor and that it is suitable for winter operations. The

location and time of verification and any needed re-verification shall be determined

and performed at the convenience of VDOT. During the verification by VDOT

personnel, a photo will be taken of each piece of offered equipment including: the

registration, license plate, Vehicle Identification Number (VIN), and a side and

front profile of the vehicle. The Department reserves the right to reject any offered

equipment. VDOT’s review of Contractor equipment does not absolve the

Contractor of its responsibilities to meet Federal and State equipment requirements.

VDOT will perform an equipment verification during each successive renewal

period.

3. If Contractor equipment fails the initial verification due to vehicle deficiencies, the

Contractor shall have 10 business days to document any corrective action

completed for a rejected vehicle to be re-verified. Any equipment not re-verified or

scheduled for re-verification within 15 days of initial verification failure may be

removed from the Contractors application. Any equipment that will take an

excessive amount of time for corrections to be made may be immediately removed

from the application or substituted with like equipment.

4. If available, the Department may furnish A-Frames, snowplows, blades, spreaders

and other equipment or components for Contractor equipment to be accepted and

approved. VDOT will maintain and repair VDOT-owned equipment and

components only.

5. VDOT will provide cutting edges/blades for all plows provided by VDOT.

6. The Contractor’s trucks scheduled to receive VDOT spreaders shall report to the

appropriate Designated VDOT Location with that vehicle’s tailgate already

removed. VDOT will not assist the Contractor in removing and/or reinstalling the

tailgate. The Contractor shall not be compensated for the time spent removing

and/or reinstalling the tailgate. Tailgates shall not be stored at any Designated

VDOT Location.

7. VDOT-installed equipment and components, (snowplow hitch, wiring, lights, etc.),

excluding plow and spreader, shall not be removed by the Contractor without

VDOT’s prior approval after initial installation until directed by VDOT. Once

directed by VDOT, removal shall be done by an authorized VDOT representative or

designee. Equipment shall be operational for snow removal at all times during the

Term of the Agreement. Contractors that remove VDOT-installed equipment or

components will not be eligible to receive the demobilization fee for that piece of

equipment or component.

8. VDOT will provide all de-icing chemicals, sand, salt, and mixes to be used for

snow and ice removal.

F. RIGGING EQUIPMENT

1. For vehicles submitted to be “first time” rigged with VDOT-provided equipment or

components, VDOT will determine at its sole discretion, whether VDOT has the

capability to rig the vehicles. When rigged by VDOT, all auxiliary equipment,

controls, wiring, and incidentals required may be provided.

2. Each piece of equipment offered to be “first time” rigged by VDOT will be inspected

by VDOT personnel. The inspection will be to insure the piece of equipment meets

VDOT requirements. Equipment will be inspected to ensure that components are

capable of supporting the installation of snow equipment, including, but not limited to:

front axle capacity, frame, springs, shackles, interference with steering, brake or other

components. Bumpers may require modification to permit the installation of a push

frame mounted plow by cutting holes in the bumper for ears to protrude. If VDOT

determines that the costs of rigging exceed the customary cost of installing the same

equipment on typical VDOT equipment, VDOT may reject the vehicle submitted as

ineligible for VDOT rigging. VDOT will maintain VDOT equipment and components

only. If the equipment is to be “first time” rigged by VDOT, the Contractor shall permit

VDOT, at its convenience, to mount, place, and maintain equipment or components,

including but not limited to, plows and spreaders on the equipment deemed necessary

for the efficient removal of snow and ice and to remove the same. The Contractor agrees

to cooperate in the scheduling of rigging appointments, and to adhere to its scheduling

commitments. When VDOT calls to schedule “first time” rigging, the Contractor shall,

within 48 hours, either confirm the scheduled date or request an alternative date. If the

Contractor fails to meet the scheduled time, VDOT reserves the right to schedule other

Contractors and/or reject the Contractor’s equipment for rigging. If the Contractor

misses a scheduled and confirmed appointment the Contractor is not eligible and shall

forfeit the rigging fee in Section IV, Payment and Invoicing Items, D, Rigging

Contractor Trucks with VDOT-Owned Equipment.

3. With VDOT approval, a Contractor who is capable, may “first time” rig their own

trucks with a VDOT plow rack and its accessories using a certified welder, rather than

have VDOT perform the rigging. VDOT must inspect and approve the vehicle for

rigging prior to allowing installation with Contractor’s welder. After rigging, the

equipment must be inspected and approved by VDOT. The Contractor must schedule

appointments for inspection by VDOT and must receive final approval from VDOT for

the completion of rigging by the date established by VDOT. VDOT reserves the right

to request a copy of the certified welder’s Certificate at any time, and the Contractor

shall comply with this request within 48 hours.

4. Contractor vehicles to be equipped with VDOT-provided equipment or components

may also be “first time” rigged by VDOT on state premises or a VDOT Contractor.

VDOT may provide all auxiliary equipment, controls, wiring, and necessities for the

“first time” rigging and perform all the “first time” rigging work; however, the owner

shall be responsible for making the electrical connections to the vehicle.

5. Due to the complexity and variation in vehicles and equipment, and the extreme

conditions vehicles and equipment are subjected to, VDOT assumes no liability of

any kind, either expressed or implied, regarding the installation of any VDOT-owned

equipment or components either by VDOT staff or Contractors. The Contractor shall

be responsible for inspecting all equipment or components installed by VDOT before

the equipment is operating on the roadway.

6. If the snowplow obstructs the vehicle’s headlights, Snowplow lights and brackets

must be installed onto the hood of the vehicle. Brackets may be added to the

snowplow A-Frame for lights. Installation of additional wiring and switches may be

installed in the cab area of the equipment. VDOT will maintain and/or repair VDOT-

owned equipment or components only.

7. The Contractor’s personnel may be required to assist in installing VDOT plows and

spreaders when called in for a snow event. Operators will be required to clean off

excess salt and sand lumps from the top of spreader cage at the chemical pad before

they are loaded, and during and after the event. It shall be the operator’s responsibility

to inspect any equipment and all loads on their vehicle prior to leaving the VDOT

loading area, and before the equipment is operated on the roadway.

8. It shall be the responsibility of the operator to inspect the VDOT spreader to ensure it

is secured properly, working properly, that all warning signs are kept clean so they

can be read easily, and that all warning lights are operational at all times. The

Contractor shall also be responsible for maintaining the fuel and oil levels in VDOT-

provided spreaders for the duration of the storm event. VDOT will provide fuel and

oil for any VDOT-owned spreaders. The Contractor shall provide fuel and oil for

Contractor-owned spreaders.

9. It is the Contractor’s responsibility to report any damage to VDOT’s equipment,

component, or property. As determined by VDOT, the Contractor shall be responsible

and held liable for any damage to VDOT-owned equipment or components and

property caused by the Contractor. Failure to report damage shall result in the

issuance of a “Procurement Complaint Form” and other Agreement consequences.

10. If VDOT-owned equipment or components fail, the operator shall immediately report

any malfunction which interferes with continued safe operation to the assigned

Designated VDOT Location. If VDOT determines that the malfunction was not

caused by the Contractor, and that the Contractor cannot continue working because

the equipment or components require repair, the Contractor will be compensated for

lost time at the Standby or Operational Rate (as specified by the District’s Special

Terms and Conditions) for the number of hours needed to complete the repair, or the

remaining hours of the current shift, or the end of the snow/ice event, whichever is

less. If VDOT determines the malfunction of the equipment or components was

caused by the Contractor, the Contractor will not be compensated for lost time, will

be held responsible for the equipment or component repair and replacement charges,

and VDOT may issue a “Procurement Complaint Form”.

11. The Contractor is responsible for the return of all VDOT equipment or components

by the end of the snow season but no later than end of the Term of the Agreement.

G. AUTOMATIC VEHICLE LOCATION SYSTEM (AVL) EQUIPMENT FOR

LICENSED EQUIPMENT

VDOT-approved Automatic Vehicle Location System (AVL): AVL is a mandatory

requirement of this Agreement. For all licensed equipment and any unlicensed equipment

if designated by the Department. AVL technology will help locate snow removal

vehicles and equipment, document hours at work, miles traveled and provide the ability

to locate vehicles in the event of an emergency, such as accident or stranding. The ability

to easily locate equipment will vastly improve VDOT’s ability to manage and deploy

resources to “hot spots” and high priority areas during a severe weather event.

Contractors that have AVL equipment that is inoperable or inaccessible to VDOT may

not be allowed to perform services.

Part 1: (Cal/Amp Distributed Units)

A. VDOT will provide each Contractor with the AVL ordering Portal information

and installation instructions once their Agreement is accepted by VDOT.

B. The Contractor must have the AVL device installed according to the installation

instructions obtained from the designated VDOT service provider, and accessible

to VDOT by the date specified in the District’s Special Terms and Conditions

(“AVL Activation Date”). AVL must remain installed and activated through the

end of the Agreement Term. The AVL device for each piece of equipment is

provided at no cost to the Contractor once. The period from the AVL Activation

Date through the end of the Agreement Term is the “Activation Period”. The

Agreement is not final until the AVL unit is received, installed and properly

reporting. The Contractor shall verify service is active by contacting the service

provider and having the equipment signal tested.

C. Contractor shall be responsible for compliance with all requirements necessary to

activate and maintain AVL service with the designated VDOT service provider.

In addition, the Contractor must ensure that the AVL service provider has all

required and correct information and that all AVL service provider requirements

continue to be met during the Term of this Agreement.

D. The Contractor shall have the AVL equipment activated from the time the piece

of equipment reaches the Designated VDOT Location, or at the staging location,

whichever is earlier. AVL equipment must remain activated, operable, and

accessible to VDOT until the Contractor is released from Operational Services.

The Contractor will use the AVL equipment in accordance with the instructions

provided by VDOT.

E. In the event the Contractor’s AVL equipment is inoperable, the Contractor shall

immediately notify the Designated VDOT Location to which the Contractor is

assigned. Payment for that piece of equipment will not be authorized until the

AVL system is operable, accessible to VDOT to ensure accurate tracking, another

method of monitoring is implemented by the Department, or the Contractor has

provided adequate documentation that the Contractor has worked with the Service

Provider to alleviate the issue causing the unit not to register. No equipment will

be called in until the AVL unit is reporting properly or another means of

monitoring is established by the Department.

F. It is the Contractor's responsibility to ensure that the units are registering prior to

snow removal events by contacting the service provider or accessing their service

account. AVL systems shall remain installed and in working order throughout the

Snow Removal Season. VDOT will run periodic reports to establish which units

are functioning correctly. During this testing period, the Contractor shall have his

AVL unit installed and reporting correctly. Contractors will be given 10 days

prior notice of specific testing dates. Contractor shall have 10 days to correct any

deficiencies or document that the deficiencies are being corrected by the service

provider. Failure to provide documentation may result in vehicle/equipment being

permanently removed from the Active Call-In list and may be cause for the

termination of the Contractor's Agreement.

G. The Contractor shall be responsible for any loss or damage it causes to AVL

equipment in its possession and shall pay for replacement costs.

H. AVL Requirements:

1. Contractor complies with all requirements of the AVL service provider.

2. Contractor ensures that the AVL service provider is authorized to grant

VDOT access to Contractor AVL data throughout the Activation Period.

3. VDOT’s access to AVL data during the Activation Period is continuous and

uninterrupted throughout the Activation Period.

4. VDOT will not be responsible for reinstallation charges should Contractor

elect to change or reassign vehicles for any reason during the snow removal

season.

5. Contractor will notify VDOT and the AVL Service Provider of any

reassignment of any of the AVL devices for the term of the Agreement.

Part 2: (VDOT Distributed Units) – Lynchburg District Only

A. VDOT will provide the Contractor with AVL equipment and service for each

licensed piece of equipment in this Agreement. The Contractor shall be fully

responsible for AVL unit from the time it was provided to the Contractor, through

April 30

, or until equipment is returned to VDOT, whichever is the earliest

1. The Contractor shall have the AVL equipment turned on from the time the

Contractor reaches the Designated VDOT Location, or at the staging location,

whichever is earlier. AVL equipment must remain on, operable, and accessible

to VDOT until the Contractor is released from Operational Services.

2. The Contractor will use the AVL equipment in accordance with the

instructions provided by VDOT.

3. If any AVL equipment becomes inoperable during the Operational Services,

the Contractor shall contact the Designated VDOT Location immediately. No

payment for that piece of equipment will be authorized until the AVL system is

operable and accessible to VDOT to ensure accurate tracking.

4. The Contractor shall be responsible for any damage it causes to AVL

equipment in its possession, and shall pay replacement cost if the equipment is

not returned to VDOT in the same working condition as when received by

Contractor.

5. The Contractor shall return all VDOT AVL Equipment as directed by the

Designated VDOT Location.

II. GENERAL TERMS AND CONDITIONS

A. VENDORS MANUAL: This solicitation is subject to the provisions of the Commonwealth

of Virginia Vendors Manual and any changes or revisions thereto, which are hereby

incorporated into this contract in their entirety. The process for filing a complaint about this

solicitation is in section 7.13 of the Vendors Manual. (Note section 7.13 does not apply to

protests of awards or formal contractual claims.) The procedure for filing contractual claims

is in section 7.19 of the Vendors Manual. A copy of the manual is normally available for

review at the purchasing office and is accessible on the Internet at www.eva.virginia.gov

under “I Sell to Virginia”.

B. APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be

governed in all respects by the laws of the Commonwealth of Virginia, without regard to its

choice of law provisions, and any litigation with respect thereto shall be brought in the circuit

courts of the Commonwealth. The agency and the contractor are encouraged to resolve any

issues in controversy arising from the award of the contract or any contractual dispute using

Alternative Dispute Resolution (ADR) procedures (Code of Virginia, § 2.2-4366). ADR

procedures are described in Chapter 9 of the Vendors Manual. The contractor shall comply

with all applicable federal, state and local laws, rules and regulations.

C. ANTI-DISCRIMINATION: By submitting their bids, bidders certify to the Commonwealth

that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended,

as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where

applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and §

2.2-4311 of the Virginia Public Procurement Act (VPPA). If the award is made to a faith-

based organization, the organization shall not discriminate against any recipient of goods,

services, or disbursements made pursuant to the contract on the basis of the recipient's religion,

religious belief, refusal to participate in a religious practice, or on the basis of race, age, color,

gender sexual orientation, gender identity, or national origin and shall be subject to the same

rules as other organizations that contract with public bodies to account for the use of the funds

provided; however, if the faith-based organization segregates public funds into separate

accounts, only the accounts and programs funded with public funds shall be subject to audit

by the public body. (Code of Virginia, § 2.2-4343.1E).

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

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

a. The contractor will not discriminate against any employee or applicant for

employment because of race, religion, color, sex, sexual orientation, gender identity,

national origin, age, disability, or any other basis prohibited by state law relating to

discrimination in employment, except where there is a bona fide occupational

qualification reasonably necessary to the normal operation of the contractor. The

contractor agrees to post in conspicuous places, available to employees and

applicants for employment, notices setting forth the provisions of this

nondiscrimination clause.

b. The contractor, in all solicitations or advertisements for employees placed by or on

behalf of the contractor, will state that such contractor is an equal opportunity

employer.

c. Notices, advertisements and solicitations placed in accordance with federal law, rule

or regulation shall be deemed sufficient for the purpose of meeting the requirements

of this section.

d. If the contractor employs more than five employees, the contractor shall (i) provide

annual training on the contractor's sexual harassment policy to all supervisors and

employees providing services in the Commonwealth, except such supervisors or

employees that are required to complete sexual harassment training provided by the

Department of Human Resource Management, and (ii) post the contractor's sexual

harassment policy in (a) a conspicuous public place in each building located in the

Commonwealth that the contractor owns or leases for business purposes and (b) the

contractor's employee handbook.

e. The requirements of these provisions 1. and 2. are a material part of the contract. If

the Contractor violates one of these provisions, the Commonwealth may terminate

the affected part of this contract for breach, or at its option, the whole contract.

Violation of one of these provisions may also result in debarment from State

contracting regardless of whether the specific contract is terminated.

f. In accordance with Executive Order 61 (2017), a prohibition on discrimination by

the contractor, in its employment practices, subcontracting practices, and delivery of

goods or services, on the basis of race, sex, color, national origin, religion, sexual

orientation, gender identity, age, political affiliation, disability, or veteran status, is

hereby incorporated in this contract.

2. The contractor will include the provisions of 1. above in every subcontract or purchase

order over $10,000, so that the provisions will be binding upon each subcontractor or

vendor.

D. ETHICS IN PUBLIC CONTRACTING: By submitting their bids, bidders certify that their

bids are made without collusion or fraud and that they have not offered or received any

kickbacks or inducements from any other bidder, supplier, manufacturer or subcontractor in

connection with their bid, and that they have not conferred on any public employee having

official responsibility for this procurement transaction any payment, loan, subscription,

advance, deposit of money, services or anything of more than nominal value, present or

promised, unless consideration of substantially equal or greater value was exchanged.

E. IMMIGRATION REFORM AND CONTROL ACT OF 1986: Applicable for all contracts

over $10,000:

By entering into a written contract with the Commonwealth of Virginia, the Contractor

certifies that the Contractor does not, and shall not during the performance of the contract for

goods and services in the Commonwealth, knowingly employ an unauthorized alien as defined

in the federal Immigration Reform and Control Act of 1986.

F. DEBARMENT STATUS: By participating in this procurement, the vendor certifies that they

are not currently debarred by the Commonwealth of Virginia from submitting a response for

the type of goods and/or services covered by this solicitation. Vendor further certifies that

they are not debarred from filling any order or accepting any resulting order, or that they are

an agent of any person or entity that is currently debarred by the Commonwealth of Virginia.

If a vendor is created or used for the purpose of circumventing a debarment decision against

another vendor, the non-debarred vendor will be debarred for the same time period as the

debarred vendor.

G. ANTITRUST: By entering into a contract, the contractor conveys, sells, assigns, and transfers

to the Commonwealth of Virginia all rights, title and interest in and to all causes of action it

may now have or hereafter acquire under the antitrust laws of the United States and the

Commonwealth of Virginia, relating to the particular goods or services purchased or acquired

by the Commonwealth of Virginia under said contract.

H. MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS FOR IFBs:

Failure to submit a bid on the official state form provided for that purpose shall be a cause for

rejection of the bid. Modification of or additions to any portion of the Invitation for Bids may

be cause for rejection of the bid; however, the Commonwealth reserves the right to decide, on

a case by case basis, in its sole discretion, whether to reject such a bid as nonresponsive. As

a precondition to its acceptance, the Commonwealth may, in its sole discretion, request that

the bidder withdraw or modify nonresponsive portions of a bid which do not affect quality,

quantity, price, or delivery. No modification of or addition to the provisions of the contract

shall be effective unless reduced to writing and signed by the parties.

I. CLARIFICATION OF TERMS: If any prospective bidder has questions about the

specifications or other solicitation documents, the prospective bidder should contact the buyer

whose name appears on the face of the solicitation no later than five working days before the

due date. Any revisions to the solicitation will be made only by addendum issued by the

buyer.

J. PAYMENT:

1. To Prime Contractor:

a. Invoices for items ordered, delivered and accepted shall be submitted by the

contractor directly to the payment address shown on the purchase order/contract. All

invoices shall show the state contract number and/or purchase order number; social

security number (for individual contractors) or the federal employer identification

number (for proprietorships, partnerships, and corporations).

b. Any payment terms requiring payment in less than 30 days will be regarded as

requiring payment 30 days after invoice or delivery, whichever occurs last. This

shall not affect offers of discounts for payment in less than 30 days, however.

c. All goods or services provided under this contract or purchase order, that are to be

paid for with public funds, shall be billed by the contractor at the contract price,

regardless of which public agency is being billed.

d. The following shall be deemed to be the date of payment: the date of postmark in all

cases where payment is made by mail, or when offset proceedings have been

instituted as authorized under the Virginia Debt Collection Act.

e. Unreasonable Charges. Under certain emergency procurements and for most time

and material purchases, final job costs cannot be accurately determined at the time

orders are placed. In such cases, contractors should be put on notice that final

payment in full is contingent on a determination of reasonableness with respect to all

invoiced charges. Charges which appear to be unreasonable will be resolved in

accordance with Code of Virginia, § 2.2-4363 and -4364. Upon determining that

invoiced charges are not reasonable, the Commonwealth shall notify the contractor

of defects or improprieties in invoices within fifteen (15) days as required in Code of

Virginia, § 2.2-4351.,. The provisions of this section do not relieve an agency of its

prompt payment obligations with respect to those charges which are not in dispute

(Code of Virginia, § 2.2-4363).

2. To Subcontractors:

a. Within seven (7) days of the contractor’s receipt of payment from the

Commonwealth, a contractor awarded a contract under this solicitation is hereby

obligated:

(1) To pay the subcontractor(s) for the proportionate share of the payment received

for work performed by the subcontractor(s) under the contract; or

(2) To notify the agency and the subcontractor(s), in writing, of the contractor’s

intention to withhold payment and the reason.

b. The contractor is obligated to pay the subcontractor(s) interest at the rate of one

percent per month (unless otherwise provided under the terms of the contract) on all

amounts owed by the contractor that remain unpaid seven (7) days following receipt

of payment from the Commonwealth, except for amounts withheld as stated in (2)

above. The date of mailing of any payment by U. S. Mail is deemed to be payment

to the addressee. These provisions apply to each sub-tier contractor performing

under the primary contract. A contractor’s obligation to pay an interest charge to a

subcontractor may not be construed to be an obligation of the Commonwealth.

3. Each prime contractor who wins an award in which provision of a SWaM procurement

plan is a condition to the award, shall deliver to the contracting agency or institution, on

or before request for final payment, evidence and certification of compliance (subject

only to insubstantial shortfalls and to shortfalls arising from subcontractor default) with

the SWaM procurement plan. Final payment under the contract in question may be

withheld until such certification is delivered and, if necessary, confirmed by the agency

or institution, or other appropriate penalties may be assessed in lieu of withholding such

payment.

4. The Commonwealth of Virginia encourages contractors and subcontractors to accept

electronic and credit card payments.

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

MANUAL, APPLICABLE LAWS AND COURTS, ANTI-DISCRIMINATION, ETHICS IN

PUBLIC CONTRACTING, IMMIGRATION REFORM AND CONTROL ACT OF 1986,

DEBARMENT STATUS, ANTITRUST, MANDATORY USE OF STATE FORM AND

TERMS AND CONDITIONS, CLARIFICATION OF TERMS, PAYMENT shall apply in all

instances. In the event there is a conflict between any of the other General Terms and

Conditions and any Special Terms and Conditions in this solicitation, the Special Terms and

Conditions shall apply.

L. QUALIFICATIONS OF BIDDERS: The Commonwealth may make such reasonable

investigations as deemed proper and necessary to determine the ability of the bidder to

perform the services/furnish the goods and the bidder shall furnish to the Commonwealth all

such information and data for this purpose as may be requested. The Commonwealth reserves

the right to inspect bidder’s physical facilities prior to award to satisfy questions regarding the

bidder’s capabilities. The Commonwealth further reserves the right to reject any bid if the

evidence submitted by, or investigations of, such bidder fails to satisfy the Commonwealth

that such bidder is properly qualified to carry out the obligations of the contract and to provide

the services and/or furnish the goods contemplated therein.

M. TESTING AND INSPECTION: The Commonwealth reserves the right to conduct any

test/inspection it may deem advisable to assure goods and services conform to the

specifications.

N. ASSIGNMENT OF CONTRACT: A contract shall not be assignable by the contractor in

whole or in part without the written consent of the Commonwealth.

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

following ways:

1. The parties may agree in writing to modify the terms, conditions, or scope of the

contract. Any additional goods or services to be provided shall be of a sort that is

ancillary to the contract goods or services, or within the same broad product or service

categories as were included in the contract award. Any increase or decrease in the price

of the contract resulting from such modification shall be agreed to by the parties as a part

of their written Agreement to modify the scope of the contract.

2. The Purchasing Agency may order changes within the general scope of the contract at

any time by written notice to the contractor. Changes within the scope of the contract

include, but are not limited to, things such as services to be performed, the method of

packing or shipment, and the place of delivery or installation. The contractor shall

comply with the notice upon receipt, unless the contractor intends to claim an adjustment

to compensation, schedule, or other contractual impact that would be caused by

complying with such notice, in which case the contractor shall, in writing, promptly notify

the Purchasing Agency of the adjustment to be sought, and before proceeding to comply

with the notice, shall await the Purchasing Agency's written decision affirming,

modifying, or revoking the prior written notice. If the Purchasing Agency decides to

issue a notice that requires an adjustment to compensation, the contractor shall be

compensated for any additional costs incurred as the result of such order and shall give

the Purchasing Agency a credit for any savings. Said compensation shall be determined

by one of the following methods:

a. By mutual agreement between the parties in writing; or

b. By agreeing upon a unit price or using a unit price set forth in the contract, if the

work to be done can be expressed in units, and the contractor accounts for the number

of units of work performed, subject to the Purchasing Agency’s right to audit the

contractor’s records and/or to determine the correct number of units independently;

c. By ordering the contractor to proceed with the work and keep a record of all costs

incurred and savings realized. A markup for overhead and profit may be allowed if

provided by the contract. The same markup shall be used for determining a decrease

in price as the result of savings realized. The contractor shall present the Purchasing

Agency with all vouchers and records of expenses incurred and savings realized. The

Purchasing Agency shall have the right to audit the records of the contractor as it

deems necessary to determine costs or savings. Any claim for an adjustment in price

under this provision must be asserted by written notice to the Purchasing Agency

within thirty (30) days from the date of receipt of the written order from the

Purchasing Agency. If the parties fail to agree on an amount of adjustment, the

question of an increase or decrease in the contract price or time for performance shall

be resolved in accordance with the procedures for resolving disputes provided by the

Disputes Clause of this contract or, if there is none, in accordance with the disputes

provisions of the Commonwealth of Virginia Vendors Manual. Neither the

existence of a claim nor a dispute resolution process, litigation or any other provision

of this contract shall excuse the contractor from promptly complying with the

changes ordered by the Purchasing Agency or with the performance of the contract

generally.

P. DEFAULT: In case of failure to deliver goods or services in accordance with the contract

terms and conditions, the Commonwealth, after due oral or written notice, may 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 the

Commonwealth may have.

Q. TAXES: Deleted

R. USE OF BRAND NAMES: Deleted

S. TRANSPORTATION AND PACKAGING: Deleted

T. INSURANCE: By signing and submitting a bid under this solicitation, the bidder certifies

that they have insurance coverages. If any subcontractors are involved, the subcontractor will

have workers’ compensation insurance in accordance with §§ 2.2-4332 and 65.2-800 et seq.

of the Code of Virginia. The bidder further certifies that the contractor and any subcontractors

will maintain these insurance coverage during the entire term of the Agreement and that all

insurance coverage will be provided by insurance companies authorized to sell insurance in

Virginia by the Virginia State Corporation Commission.

MINIMUM INSURANCE COVERAGES AND LIMITS:

1. Workers’ Compensation - Statutory requirements and benefits. Coverage is compulsory

for employers of three or more employees, to include the employer. Contractors who fail

to notify the Commonwealth of increases in the number of employees that change their

workers’ compensation requirements under the Code of Virginia during the course of the

Agreement shall be in noncompliance with the Agreement.

2. Employer’s Liability - $100,000.

3. Liability Coverage:

a) Commercial General Liability - $500,000 per occurrence for all entities formed as a

Company is required. Commercial General Liability is to include bodily injury and

property damage, personal injury and completed operations coverage. The

Commonwealth of Virginia shall be added as an additional insured to the policy

by an endorsement.

b) Farm Owner’s Liability or Personal Liability - $500,000 per occurrence is acceptable

in lien of Commercial General Liability Coverage if the entity is formed as a Sole

Proprietorship and providing equipment not licensed with a principal function for

travel on highways to be utilized under this Agreement (ie: loaders, motor graders,

bobcats, etc.) Farm Owner’s Liability or Personal Liability Coverage is to include

bodily injury and property damage, personal injury and completed operations

coverage. The Commonwealth of Virginia shall be named as an additional

insured and so endorsed on the Farm Owners Liability insurance. This

endorsement is not required for Personal Liability Coverage)

4. Automobile Liability - $500,000 combined single limit. Is required for all Entities

providing vehicles licensed with a principal function for travel on highways to be utilized

under this Agreement. Contractor must assure that the required coverage is maintained by

the Contractor (or third party owner of such motor vehicle). The Commonwealth of

Virginia shall be named as an additional insured and so endorsed on the policy.

U. ANNOUNCEMENT OF AWARD: Deleted

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

During the performance of this contract, the contractor agrees to (i) provide a drug-free

workplace for the contractor's employees; (ii) post in conspicuous places, available to

employees and applicants for employment, a statement notifying employees that the unlawful

manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or

marijuana is prohibited in the contractor's workplace and specifying the actions that will be

taken against employees for violations of such prohibition; (iii) state in all solicitations or

advertisements for employees placed by or on behalf of the contractor that the contractor

maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in

every subcontract or purchase order of over $10,000, so that the provisions will be binding

upon each subcontractor or vendor.

For the purposes of this section, “drug-free workplace” means a site for the performance of

work done in connection with a specific contract awarded to a contractor, the employees of

whom are prohibited from engaging in the unlawful manufacture, sale, distribution,

dispensation, possession or use of any controlled substance or marijuana during the

performance of the contract.

W. NONDISCRIMINATION OF CONTRACTORS: A bidder or contractor shall not be

discriminated against in the solicitation or award of this contract because of race, religion,

color, sex, sexual orientation, gender identity, national origin, age, disability, faith-based

organizational status, any other basis prohibited by state law relating to discrimination in

employment or because the bidder employs ex-offenders unless the state agency, department

or institution has made a written determination that employing ex-offenders on the specific

contract is not in its best interest. If the award of this contract is made to a faith-based

organization and an individual, who applies for or receives goods, services, or disbursements

provided pursuant to this contract objects to the religious character of the faith-based

organization from which the individual receives or would receive the goods, services, or

disbursements, the public body shall offer the individual, within a reasonable period of time

after the date of his objection, access to equivalent goods, services, or disbursements from an

alternative provider.

X. eVA BUSINESS-TO-GOVERNMENT VENDOR REGISTRATION, CONTRACTS,

AND ORDERS: The eVA Internet electronic procurement solution, web site portal

www.eVA.virginia.gov, streamlines and automates government purchasing activities in

the Commonwealth. The eVA portal is the gateway for vendors to conduct business

with state agencies and public bodies. All vendors desiring to provide goods and/or

services to the Commonwealth shall participate in the eVA Internet e-procurement

solution by completing the free eVA Vendor Registration. All bidders must register in

eVA and pay the Vendor Transaction Fees specified below; failure to register will result

in the bid being rejected.

Y. AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that

the agency shall be bound hereunder only to the extent that the legislature has appropriated

funds that are legally available or may hereafter become legally available for the purpose of

this Agreement.

Z. SET-ASIDES IN ACCORDANCE WITH THE SMALL BUSINESS

ENHANCEMENT AWARD PRIORITY: Deleted

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

bid prices in US dollars.

BB. AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH: A

contractor organized as a stock or nonstock corporation, limited liability company, business

trust, or limited partnership or registered as a registered limited liability partnership shall be

authorized to transact business in the Commonwealth as a domestic or foreign business entity

if so required by Title 13.1 or Title 50 of the Code of Virginia or as otherwise required by

law. Any business entity described above that enters into a contract with a public body

pursuant to the Virginia Public Procurement Act shall not allow its existence to lapse or its

certificate of authority or registration to transact business in the Commonwealth, if so

required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term

of the contract. A public body may void any contract with a business entity if the business

entity fails to remain in compliance with the provisions of this section.

CC. CIVILITY IN STATE WORKPLACES: The contractor shall take all reasonable steps to

ensure that no individual, while performing work on behalf of the contractor or any

subcontractor in connection with this Agreement (each, a “Contract Worker”), shall engage

in 1) harassment (including sexual harassment), bullying, cyber-bullying, or threatening or

violent conduct, or 2) discriminatory behavior on the basis of race, sex, color, national origin,

religious belief, sexual orientation, gender identity or expression, age, political affiliation,

veteran status, or disability.

The contractor shall provide each Contract Worker with a copy of this Section and will

require Contract Workers to participate in agency training on civility in the State workplace

if contractor’s (and any subcontractor’s) regular mandatory training programs do not already

encompass equivalent or greater expectations. Upon request, the contractor shall provide

documentation that each Contract Worker has received such training.

For purposes of this Section, “State workplace” includes any location, permanent or

temporary, where a Commonwealth employee performs any work-related duty or is

representing his or her agency, as well as surrounding perimeters, parking lots, outside

meeting locations, and means of travel to and from these locations. Communications are

deemed to occur in a State workplace if the Contract Worker reasonably should know that

the phone number, email, or other method of communication is associated with a State

workplace or is associated with a person who is a State employee.

The Commonwealth of Virginia may require, at its sole discretion, the removal and

replacement of any Contract Worker who the Commonwealth reasonably believes to have

violated this Section.

This Section creates obligations solely on the part of the contractor. Employees or other third

parties may benefit incidentally from this Section and from training materials or other

communications distributed on this topic , but the Parties to this Agreement intend this

Section to be enforceable solely by the Commonwealth and not by employees or other third

parties.

III. SPECIAL TERMS AND CONDITIONS

A. AWARD: Agreements will be accepted from compliant vendors for equipment needs of

each Designated VDOT Location, as determined by VDOT in its sole discretion. To be

eligible for acceptance, Bidders must meet all terms and conditions of the Agreement, must

be responsible and responsive, must ensure that their equipment has passed VDOT

verification and inspection, and must have completed all requirements for AVL activation.

The Agreement is for an indefinite quantity of services, and VDOT does not guarantee the

Contractor will be requested to provide services during the term of this Agreement. Prices

that exceed the maximum hourly rate either set at the District or posted in this Agreement

may be rejected.

B. BID PRICES: Bid shall be in the form of a firm unit price for each item during the

Agreement period

C. TERM OF AGREEMENT: The Agreement period will be from the date of award

through April 30

of the following year.

D. ADDITIONAL EQUIPMENT: The Contractor may offer additional equipment after the

Agreement is Approved by VDOT. If VDOT accepts the additional equipment, it will be

added on a separate Agreement. If equipment is offered after the district’s initial

Agreement period, the first half of mobilization rate will not be paid.

E. REQUESTED HOURLY RATES: A Bidder’s requested hourly rate shall be submitted in

https://www.plow4va.com. It is in VDOT’s sole discretion to only hire the amount of

equipment necessary to perform snow and ice removal operations. The Department, when

necessary, through the Department’s Residency Administrator or designee, will request

equipment from the approved Agreement. VDOT reserves the right to determine the most

effective and cost efficient method of responding to a snow removal event and to solely use

its own equipment and/or to call in contracted equipment according to the location, rate

and/or type of equipment required during any given snow removal event.

F. DELAYS IN AWARD: Delays in award of an Agreement beyond the anticipated starting

date may result in a change in the Agreement period indicated in the solicitation. If this

situation occurs, VDOT reserves the right to award an Agreement covering the period

equal to or less than the initial term indicated in the solicitation

G. CANCELLATION OF AGREEMENT: The purchasing agency reserves the right to

cancel and terminate any resulting Agreement, in part or in whole, without penalty, upon

60 days written notice to the contractor. In the event the initial Agreement period is for

more than 12 months, the resulting Agreement may also be terminated by the contractor,

without penalty, after the initial 12 months of the Agreement period upon 60 days written

notice to the other party. Any Agreement 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.

H. ASSIGNMENT LOCATION PREFERENCE: The Contractor may request to be

assigned to a specific Designated VDOT Location, but VDOT does not guarantee any

assignment to any location. Location assignments are made at VDOT’s sole discretion.

I. VEHICLE INSPECTION, REGISTRATION and VERIFICATION: All Contractor

vehicles shall have a valid and current inspection and registration from the State where the

vehicle is registered and each vehicle and piece of equipment must be properly insured

according to VDOT’s requirements. Contractor vehicles that are registered in a State that

does not have a yearly state inspection shall have a valid Virginia State inspection sticker

prior to award of the Agreement. A walk-around verification will be performed on

equipment to be considered. The Contractor shall maintain all equipment to these standards

throughout the Term of the Agreement. Vehicles offered that do not meet Local, DMV,

State and Federal regulations for unlimited highway use, such as licensed “Farm Use”

vehicles, will not be accepted for use under this Agreement.

J. INSURANCE REQUIREMENTS: The Contractor shall provide a Certificate of

Insurance and Policy Declarations Pages for Automobile Liability in accordance with the

requirements listed in Section II, General Terms and Conditions, T. Insurance.

1. The Policy Declarations Pages shall include the vehicle(s) listed on the insurance

policy.

2. It shall be the Contractor’s responsibility to ensure that the policy renewals of

insurance coverage for his or her equipment and any subcontracted equipment does

not lapse at any time during the Agreement term.

3. It is the Contractor’s responsibility to ensure that the insurance provider submits

documentation of any policy changes, renewals, or cancellation immediately upon

effective date.

4. Any lapse in insurance coverage will result in the removal of the Contractor’s name

from the active call list until such time VDOT receives notice of renewal from the

Contractor’s insurance provider. A lapse in insurance coverage will affect the end

of season mobilization payment.

K. WORKSITE DAMAGE/DAMAGE CLAIMS: Any damage to existing utilities,

equipment, facilities, finished surfaces, guardrail, curb and gutter, paved shoulders,

drainage, mailboxes, driveways or any other state or private property resulting from

negligent work performed on this Agreement shall be repaired to the Department’s

satisfaction at the Contractor’s expense. Claims made by VDOT as a result of this work

will be referred to the Contractor for handling. The Contractor shall have 72 hours to

respond to VDOT and provide written documentation as to the Contractor’s intended

resolution. Resolution may include, but not limited to, proof of remuneration of claim or

proof of claim being turned over to the Contractor’s insurance. VDOT may withhold

payment from an invoice and or from the final demobilization payment to the Contractor

until the claim is resolved. Failure to properly respond to and resolve damage claims

constitutes unsatisfactory performance and may result in a Procurement Complaint being

filed which may result in termination of the Agreement.

L. PRIME CONTRACTOR RESPONSIBILITIES: The Contractor shall be responsible

for completely supervising and directing the work under this Agreement and all approved

subcontractors that it may use. Subcontractors who perform work under this Agreement

shall be responsible to the Contractor. The Contractor agrees to be fully responsible for the

acts and omissions of subcontractors and of persons employed by them, as well as, the acts

and omissions of their own employees.

M. SUBCONTRACTING: No portion of this Agreement shall be subcontracted without

prior written consent of the Residency Administrator. In the event that the Contractor

desires to subcontract part of the work specified herein, the Contractor shall furnish the

Residency Administrator with the names, addresses, contact persons, qualifications,

references, type(s) of work to be performed, and the experience of their proposed

subcontractors for VDOT’s approval. The Contractor shall; however, remain fully liable

and responsible for the work to be done by its subcontractor(s) and shall assure compliance

with all requirements of the Agreement.

N. INDEMNIFY, DEFEND, AND HOLD HARMLESS: Contractor agrees to indemnify,

defend and hold harmless VDOT, its officers, agents, and employees from any claims,

damages and actions of any kind or nature, whether at law or inequity, arising from or

caused by the ownership or use of any materials, goods, or equipment of any kind or nature

furnished by the Contractor or for any services of any kind or nature furnished by the

Contractor.

O. RENEWAL OF AGREEMENT: This Agreement may be renewed by the Department

for two successive one year periods under the terms and conditions of the original

Agreement, except as stated in 1. and 2. below. Price increases may be negotiated only at

the time of renewal. Written notice of the Department’s intention to renew shall be given

approximately 90 days prior to the expiration date of the Agreement period.

1. If the Department elects to exercise the option to renew the Agreement for an

additional one-year period, the agreement price(s) for the additional one year shall

not exceed the Agreement price(s) of the original Agreement increased/decreased

by more than the percentage increase/decrease of the Other Services category of the

CPI-U section of the Consumer Price Index of the United States Bureau of Labor

Statistics for the latest twelve months for which statistics are available.

2. If during any subsequent renewal periods, the Department elects to exercise the

option to renew the Agreement, the Agreement price(s) for the subsequent renewal

period shall not exceed the Agreement price(s) of the previous renewal period

increased/decreased by more than the percentage increase/decrease of the Other

Services category of the CPI-U section of the Consumer Price Index of the United

States Bureau of Labor Statistics for the latest twelve months for which statistics

are available.

P. CONDUCT IN THE WORK PLACE: VDOT has a standard of zero tolerance for all

acts or threats of violence in the workplace or work location. VDOT will not tolerate any

behavior by any employee, contractor, former employee, customer or any other person,

which poses a threat to the safety and security of any VDOT employee while performing

work. Any threat or act of violence will be taken seriously, handled expeditiously, and dealt

with appropriately, which may include disciplinary action, termination, arrest, and

prosecution. Unauthorized possession or use of firearms, or other dangerous weapons is

prohibited.

Q. SAFETY AND HEALTH STANDARDS: It is a condition of the Agreement, and shall be

made a condition of each subcontract entered into pursuant to the Agreement, that the

Contractor and any Subcontractor shall not require any worker employed in performance of

the Agreement to work in surroundings or under working conditions that are unsanitary,

hazardous, or dangerous to their health or safety, as determined under construction safety

and health standards promulgated by the US Secretary of Labor in accordance with Section

107 of the Contract Work Hours and Safety Standards Act. The Contractor shall comply

with the Virginia Occupational Safety and Health Standards adopted under Section 40.1-22

of the Code of Virginia and the duties imposed under Section 40.1-51.1 of the Code. Any

violation of the requirements or duties that is brought to the attention of the Contractor

shall be immediately abated. Additionally at a minimum, all Contractor personnel shall

comply with the following, unless otherwise determined unsafe or inappropriate in

accordance with OSHA regulations: Hardhats shall be worn while participating in or

observing all types of field work when outside of a building or outside of the cab of a

vehicle, and exposed to, participating in or supervising construction. Respiratory protective

equipment shall be worn whenever an individual is exposed to any item listed in the OSHA

Standards as needing such protection unless it is shown the employee is protected by

engineering controls. Adequate eye protection shall be worn in the proximity of the

grinding, breaking of rock and/or concrete, while using brush chippers, striking metal

against metal or when working in situations where the eyesight may be in jeopardy. Safety

vests shall be worn by all exposed to vehicular traffic and construction equipment.

Standards and guidelines of the current Virginia Work Area Protection Manual shall be

used when setting, reviewing and removing traffic controls. Flag persons shall be certified

according to the Virginia Flagger Certification Program. No person shall be permitted to

position themselves under any raised load or between hinge points of equipment without

first taking steps to support the load by the placing of a safety bar or blocking. Explosives

shall be purchased, transported, stored, used and disposed of by a Virginia Certified Blaster

in possession of a current criminal history record check and a commercial driver’s license

with hazardous materials endorsement and a valid medical examiner’s certificate. All

federal, state and local regulations pertaining to explosives shall be strictly followed. All

electrical tools shall be adequately grounded or double-insulated. Ground fault Circuit

Interrupter (GFCI) protection must be installed in accordance with the National Electrical

Code (NEC) and current Virginia Occupational Safety and Health Agency (VOSH)

regulations. No person shall enter a confined space without training, permits and

authorization. Fall protection is required whenever an employee is exposed to a fall six feet

or greater.

R. MINORS ON WORK SITE: No minors, under the age of eighteen, will be allowed on the

VDOT work site(s) where this Agreement will be performed, except those employed by the

Contractor as allowed by the Child Labor Laws of the United States government and the

Child Labor Laws of the Commonwealth of Virginia.

S. OPEN AND CONCEALED CARRY OF FIREARMS: It is the policy of the

Commonwealth that open and concealed carry of firearms shall be prohibited in offices

occupied by executive branch agencies, unless held by law enforcement, authorized

security, or military personnel authorized to carry firearms in accordance with their duties.

Therefore, [Party} shall comply with the requirements of Executive Order 50, Virginia

Department of General Services Directive 16 and Regulations Banning Concealed Firearms

in Offices Owned or Occupied by Executive Branch Agencies, 1 VAC 30-105, Virginia

Department of Human Resources Management Policy 1.80, and any other applicable laws

or policies consistent with the above mentioned laws and policies. VDOT shall retain the

right to expel any person from its premises who is violating this policy, in addition to

pursuing any other remedies which may be available under this Agreement and applicable

laws.

T. PROSECTION 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 deem necessary due to unsuitable weather; for

conditions considered unsuitable for the precaution of the work for any other condition or

reason deemed to be in the public interest.

U. ACCEPTANCE OF BID: If vendor has been placed in default during the previous snow

season under a Snow Removal Equipment Agreement or any other contract with the

Department or through the Department of General Services, Division of Purchases and

Supply, VDOT reserves the right not to enter a Snow Removal Equipment Agreement with

the vendor for one year from the date of the default.

V. TERMINATION: This Agreement shall terminate on the date set forth in the Bid

Acceptance Page as the end of the Term. The Agreement may be terminated prior to the

end of the Term by VDOT in accordance with the Vendor’s Manual, provided that VDOT

reserves the right to terminate the Agreement for Default, effective upon actual or written

notice delivered to the Contractor’s address in the Agreement, if it is determined that such

action is necessary to protect the health, safety, and welfare of the persons in the

Commonwealth or that the default is not curable.

W. SIGN-UP SESSIONS: All Sign-up Session date(s) and time(s) are located in the District’s

Special Terms and Conditions. The purpose of this session is to allow the opportunity to

present questions and obtain clarification relative to any facet of this Agreement.

Assistance completing this Agreement and registration with SBSD for the designated

“Small” certification for VDOT SWaM program may be provided. No assistance will be

provided with pricing rates. While attendance 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.

X. SMALL, WOMAN, and MINORITY-OWNED BUSINESS (SWaM): The goal of

the Commonwealth is that more than 42% of its purchases be made from small

businesses. "Small business (including micro)” means a business which holds a

certification as such by the Virginia Department of Small Business and Supplier

Diversity (DSBSD) by the date of the services needed. This shall also include SBSD-

certified women- and minority-owned businesses and businesses with DSBSD service

disables veteran -owned status when they also hold a DSBSD certification as a small

business.

To learn about the SWaM program and becoming certified with DSBSD, click here to

send an email to the SWaM Advocate and the District Procurement Managers or call the

following Procurement Personnel for assistance:

SWaM Advocate:

Opal Revels

(804) 371-6748

Bristol District

Manager:

Diane Fair

(276) 696-3341

Central Office

Manager:

Brenda Williams

(804) 786-2777

Culpeper District

Manager:

Donna Backe

(540) 829-7470

Fredericksburg

District Manager:

Margaret Sumiel

(540) 899-4807

Hampton District

Manager:

Daniel Wilborn

(757) 956-3039

Lynchburg District

Manager:

Donna McGuire

(434) 856-8128

Nova District

Manager:

Cynthia Neher

(703) 259-3240

Richmond District

Manager:

Kim Dobra

(804) 524-6312

Salem District

Manager:

Michele Thompson

(540) 375-3557

Staunton District

Manager:

Pam Sprouse

(540) 332-9206

You can also visit the following link:

https://www.sbsd.virginia.gov/certification/division/swam

Advantages to becoming SWaM certified:

SWaM-certified Contractors will have a priority status over non-SWaM-certified

Contractors. Priority status means Contractors shall be called in first to work according to

price, equipment needed to meet the Residencies snow and ice removal needs, and

SWaM Certification.

Y. COVID-19 SAFETY MEASURES: The Contractor may be required to comply with

the implementation of safety measures based on current circumstance and safety needs as

defined by CDC and/or the Virginia Dept. of Health (VDH) and any future updates.

These measures may include safe interactions with minimal or contactless procedures

including:

1. Required face coverings and gloves when social distancing guidelines cannot be

followed. Required personal protective equipment (PPE) will be provided by the

Contractor.

2. Minimal contact or contactless check-in procedures when Contractors reports to

the Designated VDOT Location and signs in.

3. Minimal contact or contactless equipment verification procedures for preseason

equipment acceptance.

4. Minimal contact or contactless invoice processing and approval for payments of

winter operations invoices.

5. Additional measures as defined by CDC and or the Virginia Dept. of Health.

Z. E-VERIFY PROGRAM: Pursuant to Code of Virginia, §2.2-4308.2., any employer with

more than an average of 50 employees for the previous 12 months entering into a contract

in excess of $50,000 with any agency of the Commonwealth to perform work or provide

services pursuant to such contract shall register and participate in the E-Verify program to

verify information and work authorization of its newly hired employees performing work

pursuant to such public contract. Any such employer who fails to comply with these

provisions shall be debarred from contracting with any agency of the Commonwealth for a

period up to one year. Such debarment shall cease upon the employer’s registration and

participation in the E-Verify program. If requested, the employer shall present a copy of

their Maintain Company page from E-Verify to prove that they are enrolled in E-Verify.

AA. ENVIRONMENTAL COMPLIANCE AND TRAINING REQUIREMENT: VDOT

ENVIRONMENTAL TRAINING REQUIREMENT: In accordance with environmental

commitments and MS4 permit requirements, VDOT offers virtual training videos for

specific contractors in good housekeeping and pollution prevention associated with

stormwater. Contractors shall have staff who will be performing work on VDOT

Maintenance Facilities or in VDOT Right-of-Way watch two training modules available on

VDOT’s Training YouTube Channel.

• The VDOT Good Housekeeping and Pollution Prevention for Contractors Training is a 7-

minute video that highlights general expectations of contractors working on VDOT

Maintenance Facilities and Right-of-Way. Video link: https://youtu.be/UMjwckifRz8

• The VDOT Illicit Discharge Detection and Elimination (IDDE) Online Training Course

is a 7-minute video that covers proper procedures for identifying and reporting potential

illicit discharges discovered in the VDOT Right-of-Way during work operations. Video

link: https://youtu.be/mDAd4C_iI38

Contractors shall submit within 30 days of The Agreement award or modification a signed

statement acknowledging that staff has viewed the training videos. The statement is to be

submitted to both the VDOT Contract Administrator and the Environmental Compliance Group

at [email protected]. The statement shall include the company name,

Agreement name/number, date(s) of training, and number of employees who viewed each

training video. For multi-year contracts, the contractor shall submit an updated statement each

year with information for new staff trained since the previous training.

IV. PAYMENT AND INVOICING

A. HOURLY RATE:

1. The Contractor’s equipment will be paid for at the unit price per hour for Operational

Services performed in accordance with the line item submitted and approved through

the https://www.plow4va.com approved Agreement. The Designated Rate shall

include the cost for vehicles, equipment, miscellaneous equipment, operators, fuel,

supplies, tools, chains, and any other equipment or incidentals needed to perform the

contracted services. The Designated Rate shall be quoted in whole dollars only.

2. At no time after submission of offer and the Department’s approval/award will

the Contractor be permitted to change or adjust the Designated Rate(s).

B. STANDBY RATE:

1. VDOT will pay the Contractor a standard Standby Rate of 50% of the Designated

Rate per hour during the authorized standby periods prior to the event starting, after

reporting to the Designated VDOT Location and signing in. The Standby Rate will

also be paid for cleaning of equipment that contains a VDOT spreader. In this

instance a maximum of two hours will be paid.

2. Standby periods shall be during loading and unloading, staging, and any assignment

other than actual plowing and/or spreading operations.

3. Standby Rates/payment shall cease for each piece of equipment at the commencement

of actual Operational Services or at the release of equipment from use.

C. OPERATIONAL RATE (If Applicable):

1. In approved Districts, Operational Rate will be used in place of Hourly and Standby

Rates. The Contractor’s equipment will be paid for at the unit price per hour for

authorized standby periods prior to or during events and for Operational Services

performed in accordance with the line item submitted and approved through the

https://www.plow4va.com approved Agreement. The Operation Rate shall include

the cost for vehicles, equipment, miscellaneous equipment, operators, fuel, supplies,

tools, chains, and any other equipment or incidentals needed to perform the

contracted services.

D. RIGGING CONTRACTOR TRUCKS with VDOT-OWNED EQUIPMENT:

1. Initial Installation on trucks that have not been rigged in previous years:

a) Rigging performed by the Contractor: VDOT will pay the Contractor a one-time

rigging fee per truck for initial (“first time”) installation only if the completed

rigging is finally inspected and approved by VDOT in accordance with Section I,

Snow Removal Operations, Item F, Rigging Equipment, 3. First time rigging fee

payment will be located in the District’s Special Terms and Conditions.

b) Rigging performed by VDOT Forces or VDOT Contractor: VDOT will pay the

Contractor a lump sum when the vehicle is rigged in the VDOT shop or a VDOT

Contractor’s shop in accordance with Section I, Snow Removal Operations, Item

F, Rigging Equipment, 4. The Rigging fee payment by VDOT will be located in

the District’s Special Terms and Conditions.

2. Subsequent Alterations on trucks that have been rigged in previous years:

a) Alterations performed by the Contractor: VDOT will pay the Contractor a one-

time alteration fee per truck for alterations if finally inspected and approved by

VDOT in accordance with Section I, Snow Removal Operations, Item F, Rigging

Equipment, 3. The one-time Alternation fee payment will be located in the

District’s Special Terms and Conditions.

b) Alterations performed by VDOT Forces or VDOT Contractor: VDOT will pay

the Contractor a one-time lump sum per truck when the vehicle is altered in the

VDOT shop or VDOT Contractor’s shop in accordance with Section I, Snow

Removal Operations, Item F, Rigging Equipment, 4. The Alteration fee payment

by VDOT will be located in the District’s Special Terms and Conditions

E. MOBILIZATION PAYMENT:

1. Mobilization, if offered in this Agreement, is designed to offset the cost associated

with, but not limited to, acquisition of equipment, insurance, training, picking up or

dropping off equipment and any work involved in the preparation of this Agreement.

Prior to December 31

, VDOT will authorize payment in the amount of 50% of the

mobilization rate for each piece of accepted equipment (except Supervisor Vehicle or

Equipment marked with a N/A) according to the mobilization rate listed, provided all of

the following criteria have been met and documented:

a) A completed Snow Removal Equipment Agreement and all completed attachments is

submitted by the Contractor in https://www.plow4va.com/ by the date set forth as the

Deadline on the eVA solicitation posting.

b) Certificate of Insurance with required coverage and endorsement submitted with the

Agreement.

c) Equipment was presented for verification on schedule and was approved by VDOT.

d) Equipment was successfully rigged by the date specified in the District’s Special

Terms and Conditions (if applicable).

e) Contractor picked up VDOT-issued equipment or components no later than the date

specified in the District’s Special Terms and Conditions.

f) Contractor’s personnel attended required training/orientation, if applicable.

g) Contractor provided acceptable method of vehicle communication with VDOT.

h) Current copy of vehicle registration was provided by with the Agreement.

i) AVL was activated by the AVL Activation Date set forth in Agreement I Snow

Removal Operations, Item G AVL Equipment, Part 1.

j) Anytime during the Agreement Term where the Contractor never shows up for a

“Call-In Notification”, at the discretion of VDOT, the Contractor may be responsible

for the return of funds up to the total amount of the mobilization fee.

2. The remaining 50% of the mobilization rate will be paid for each piece of equipment

according to the mobilization rate listed, provided all of the following criteria have been

met and documented:

a) No Procurement Complaint forms were issued against the Contractor.

b) Required insurance was received and maintained during the term of the

Agreement.

c) Contractor did not remove VDOT-installed equipment or components. (If

applicable)

d) Returned all VDOT-owned issued equipment or components in the condition

received, less normal wear and tear by the date specified in the District’s Special

Terms and Conditions.

e) Contractor complied with all Terms and Conditions of the Agreement during the

Agreement Term

f) All requirements from the first 50% mobilization were met and the Contractor

received payment.

F. INVOICING AND PAYMENT

1. VDOT representative or designee will complete a time log at the Designated VDOT

Location recording daily hours worked for each vehicle and piece of equipment. This

form will be used to process payments. VDOT reserves the right to valid any

payments for snow and ice removal operations using; in logs sheet, time sheets, AVL

logs, snow removal Monitor’s notes, and any other source to ensure satisfactory

services were received and proper payment is made to the Contractor.

2. The Contractor shall have the VDOT-approved Automatic Vehicle Location System

(AVL) equipment turned on from the time the Contractor reaches the Designated

VDOT Location or at the staging location, whichever is earlier. AVL equipment must

remain on, operable and accessible to VDOT until the Contractor is released from

Operational Services. No payment for that piece of equipment will be authorized until

the AVL system is operable and accessible to VDOT to ensure accurate tracking.

3. The Contractor must notify the Designated VDOT Location in writing within 3

business days of any change in the Contractor’s address and/or telephone number. In

addition, address changes must be corrected through eVA by the Contractor. The

Contractor shall submit all change notifications to the supervisor at the Designated

VDOT Location.

4. The Contractor is on notice that VDOT uses the Hired Equipment Time Tracking

System (HETTS), in the Severe Weather Application System (SWAS) which

generates an invoice. It is VDOT’s requirement that Contractors use the HETTS

system-generated invoice. The HETTS system-generated invoice will be generated

semi-monthly for work that has been performed on completed events. This invoice

will include work that has been completed to-date and has not been processed for

payment. The HETTS system-generated invoice must be verified and signed by the

Contractor within 5 days of being informed that the invoice is ready for signature so

that payment can be processed by VDOT in a timely manner. VDOT will inform the

Contractor of the designated location where invoices will be signed, or the invoices

may be faxed, or scanned and emailed to the Contractor for signature. Invoices not

signed within 10 days will be mailed to the Contractor for signature and must be

returned to the VDOT-designated location.

5. Email approvals may be requested by VDOT for winter operations in place of

physical signatures due to COVID19. Signing this Agreement will certify that the

email with which a contractor entered this Agreement is the Contractor’s business

email and what the Contractor will be receiving invoices at this address if email

approvals are used by VDOT. Invoice approvals will only be valid if sent from this

same email address. The Contractor will provide the following language for approval

email invoice approval: “I, Joe Smith, approve invoice XXXXX, dated

XX/XX/XXXX for $XXX.XX.”

6. Payments for the services provided by the Contractor will be processed in accordance

with the Code of Virginia §2.2 4350. Vendors will be paid for goods or services thirty

calendar days after the receipt of a proper invoice, or thirty days after the receipt and

satisfactory acceptance of goods or services, whichever is later. The date that the

Contractor or his designee sign the completed Hired Equipment Contract Time

Record and Invoice will be considered the official invoice receipt date for payment

processing purposes.