102Bidding Requirements and Conditions

102.1-ELIGIBILITY OF BIDDERS: All bidders on projects let to contract by the Division shall be prequalified as provided for by rules or regulations, or both, of the Commissioner. A Certificate of Qualification will be issued by the Commissioner indicating the categories of work for which the Contractor is qualified to perform for the Division. To obtain a Certificate of Qualification, the Contractor must submit, on the form provided by the Division, a Contractor Prequalification Application containing the information as required based on the categories of work for which prequalification is being requested. A completed Contractor Prequalification Application will be accepted by the Commissioner until fifteen (15) calendar days prior to the date set for receiving bids on projects on which the applicant may wish to submit a Proposal. Award of a certificate may be held in abeyance until such time as the Commissioner is able to verify all references and be satisfied as to the applicant's qualifications. No Contractor will be issued a Cer tificate of Qualification until the Division has had adequate time to review and verify the adequacy of the information provided in the Contractor Prequalification Application. It is the bidder’s responsibility to complete any Electronic Bidding registration required by the Division, and acquire all the necessary software, hardware, and networking capabilities for the Electronic Bidding process. It should be noted that only Prequalified Contractors or their authorized representatives will be approved to obtain, at their cost, an electronic bidder ID. When more than one project is advertised, Proposals may be submitted on as many projects as the Contractor desires, providing the Contractor is qualified as described above for each individual project. In addition, the Prime Contractor must be prequalified in the categories of work indicated in the proposal in a combination of those categories of work in order to perform work amounting to not less than 30% of the contract cost. 102.2-PROPOSAL FORMS: Proposal forms will be available on Bid Express and will show the location and description of the proposed work, the approximate estimates of the various quantities of work to be performed for materials to be furnished, the amount of the proposal guaranty, the number of working days or date on which the work is to be completed, and the date, time and place of opening of proposals. The proposal form will also include any special provisions o r requirements not contained in the Specifications. All documents included in the electronic proposal form are considered a part thereof and must not be detached or altered. Additional information not included in the proposal form including, but not limited to, old plans, old shop drawings, geotechnical information, environmental documents, permit applications, permits, asbestos reports, hazardous materials reports, and other documents or data may be provided as an exhibit on Bid Express. All additional do cuments are to be considered as part of the proposal documents, unless the additional document(s) specifically states that it is for informational purposes only. Documents marked “for informational purposes only” are not to be considered contract documents, and potential bidders rely upon information contained therein at their own risk. Any requests for additional information or other pre-construction data should be presented to the Division through Bid Express, as described in Section 102.9. 102.3-INTERPRETATION OF APPROXIMATE ESTIMATES: The quantities appearing in the proposal form are approximate only and are prepared for the comparison of bids. Payment to the Contractor will be made only for the work accepted, or for materials furnished in accordance with the Contract. If upon completion of the construction the actual quantities show either increase or decrease, the unit bid prices offered in the Proposal will prevail except as further provided. 102.4-EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE OF WORK: The bidder is required to carefully examine the Plans, Specifications, Supplemental Specifications, proposal forms, and the site of the work contemp lated. The submission of a bid shall be considered prima facie evidence that the bidder has made such examination and has judged for and satisfied themselves as to the character, quality, and quantity of work to be performed and material required to be furnished under the Contract. 102.5-PROPOSAL SUBMISSION: The bidders Proposal must be submitted through Bid Express using the electronic file provided with the proposal form and documents, by the time designated in the proposal to proceed with the letting. Proposals submitted by any other means, including on paper, will be rejected. 102.5.1-Schedule of Items: The bidder must furnish a unit price or a lump sum price as called for in the Proposal, in numerical figures, for each pay item listed, except that in the case of alternates, the bid may be made on only one alternate if so desired. 102.5.2-DBE Utilization Certification (Section C): The bidder must acknowledge intent to submit written and signed documentation of commitment to use a DBE subcontractor whose participation the contractor submits to meet a contract goal and written and signed confirmation from the DBE that is participating in the contract as provided in the prime contractor's commitment, by indicating the Contractor’s DBE Goal Percent. 102.5.3-Bidding Requirements: The bidder must complete all sections contained in the Bidding Requirements and check the box indicating he or she has read, understands, and intends to comply with all documents contained in the proposal.

Contracts, a sworn statement in the form of an affidavit shall be executed by, or on behalf of, the person, firm, association, or corporation to whom such contract is to be awarded. ii. Section B: Certification with Regard to the Performance of Previous Contracts or Subcontracts Subject to the Equal Opportunity Clause and the Filing of Required Reports. iii. Section D: Assurance Requirement Regarding Equal Employment Opportunity for Vendors, Suppliers and Contractors Engaged in Commercial Transactions with the West Virginia Division of Highways. iv. Section E: Contract Dates.

Steel or Iron Products. vi. Section H: West Virginia Contractor Licensing Act Chapter 30 Article 42 Code of West Virginia Li cense Number – The proposal shall comply with West Virginia Contractor Licensing Act, Chapter 30, Article 42 Code of West Virginia, except that on Federal-Aid Projects a n unexpired Contractor’s license is not required at time of bid but will be required before a project will be awarded. vii. Section I: Drug and Alcohol -Free Workplace – An affidavit that the Contractor implements and maintains a written drug -free workplace policy which meets the requirements of Article 1D, Chapter 21 of the Official Code of West Virginia, as amended. The successful bidder must submit a copy of its drug-free workplace policy within ten (10) days following the letting and prior to the awarding of the contract. Any successful bidder who fails to submit the policy within the specifie d time limit will risk forfeiture of his/her proposal guaranty. The successful bidder must also ensure that its subcontractors implement and maintain a written drug-free workplace policy complying with Article 1D, a copy of which must be submitted to the Division by the Contractor prior to the start of the subcontract work. The contract may be terminated if the Contractor:

of the Division; or,

A clearly legible copy of the written drug -free workplace policy must be kept posted in a prominent and easily accessible place at the project site by each contractor subject to the provisions of Article 1D. Every Contractor shall keep an accurate record showing the names, occupation and safety- sensitive status of all employees, i n connection with the construction on the project, and showing any drug tests or alcohol tests performed and employee education and supervisor training received, which record shall be open at all reasonable hours for inspection by the Division. The Contractor must preserve these records for three years after completion and acceptance of the project. All drug testing information specifically related to individual employee is confidential and should be treated as such by anyone authorized to review or compile program records. viii. Section J: Amendment – Bidder must acknowledge that all amendments have been reviewed and considered in the bidder’s proposal. ix. Section K: Blank.

with their own organization, work amounting to not less than 30 percent (30%) of the total contract cost, as detailed in Section 108.1. All categories of work in the contract for which the bidder is not prequalified to perform must be subcontracted to a contractor who is prequalified in those categories. Failure to meet the prequalification requirement may be basis for termination of the contract and the awarding of said contract to the next responsible bidder or readvertisement and letting of the con tract. Any additional costs for said actions shall be the responsibility of the bidder. xi. Section M: Monetary Obligations Owed to the State – Bidder must acknowledge that, pursuant to W. Va. Code § 5 -22-1(i), the bidder is not in default on any monetary obligation owed to the State of West Virginia or a political subdivision of the State of West Virginia, including, but not limited to, obligations related to payroll taxes, property taxes, sales and use taxes, fire service fees, or other fines or fees. 102.5.4-Bid Bond: Bidders must verify his or her bid bond by completing the Bid Bond section of the electronic file. 102.6-PROPOSAL GUARANTY: No proposal will be considered unless accompanied by a digitally signed proposal guaranty

Highways. Bid bonds will be accepted only if submitted electronically as described in Section

102.5.3Any bid bond executed on a copy, duplicate, or facsimile will be rejected

102.7-WITHDRAWAL OF PROPOSALS: Bidders may withdraw Proposals during the course of reading of bids prior to the actual reading of bids on the project for which the bid is withdrawn only electronically through the Bid Express automatic bid withdrawal function or by providing a written document at the site of the letting in the following form: “I, the undersigned, of ________________________, Contractor(s) hereby acknowledge that I have this day withdrawn the sealed bid of _________________________________, Contractor(s) on West Virginia Division of Highways Project No. __________________________”. Should a bidder wish to provide a written document at the site of the letting, they must notify the Division of their intent to do so via email to DOHContractProcure@wv.gov no later than 4:00 PM Eastern Time on the Friday before the scheduled letting. Additionally, the written notice(s) provided by the bidder withdrawing his or her bid(s) must be provided prior to the reading of the call(s) on which the bid is being withdrawn. No bid may be withdrawn on any call once the apparent bids have been read by the Division. 102.8-COMBINATION PROPOSALS: If the Division so elects, Proposals may be issued for projects in combination or separately, so that bids may be submitted either on the combination or on separate units of the combination. The Division reserves the right to make awards on combination bids or separate bids to the best advantage of the Division. No combination bids other than those specifically set up in proposals by the Division will be considered. Separate Contracts will be written for each individual project included in the combination. 102.9-QUESTIONS REGARDING ADVERTISED PROPOSALS: All projects advertised by the Division will require any questions to be asked using the Bid Express Question and Answer feature in accordance with any listed req uirements. The various contact information required shall be filled out and completed with valid and applicable information which the Division may verify. If the contact information is unable to be verified, then any questions associated with this information may not be answered. Questions and Answers are for informational purposes only. Any posted questions or answers do not alter the terms and conditions of the advertised Contract in question. Official changes to the Contract shall only be issued by the Division through an amendment to the applicable Contract. Potential Bidders may ask questions up until the time of the posted letting with no exceptions. However, it should be noted that any questions that may necessitate a change to the Contract should be asked seven (7) working days prior to the posted letting date to allow the Division to issue an amendment to modify the Contract, if necessary. Questions received three (3) working days or more in advance of a posted letting should be answered prior to the time of the posted letting. Questions received within three (3) working days of the posted time of letting may or may not be answered as time allows.

102.10PUBLIC READING OF PROPOSALS:

Proposals will be received, decrypted, read publicly, and published at the time and place indicated in the Notice to Contractors. Bidders, their authorized agents, and other interested parties are invited to be present.

102.11DISQUALIFICATION OF BIDDERS:

Either of the following reasons may be considered as being sufficient for the disqualification of a bidder and the rejection of their Proposal or Proposals.

the same or different name. ii. Evidence of collusion among bidders. Participants in such collusion will receive no recognition as bidders for any future work of the Division until any such participant shall have been reinstated as a qualified bidder.

102.12IRREGULAR PROPOSALS:

Proposals may be considered irregular and rejected for any of the following reasons:

Bid Express or if the form is altered. Use of a Division approved computer generated Schedule of Items shall not be considered an alteration of form or format within the meaning of these Specifications. ii. When there are unauthorized additions, conditional or alternate bids, or irregularities of any kind which may tend to make the Proposal incomplete, indefinite, or ambiguous as to its meaning. Al so, when Division approved computer generated Schedule of Items show any alteration of format, additions or amendments not called for, errors or omissions in units of measure, or erasures. iii. When the bidder adds any provisions reserving the right to accept o r reject an award, or to enter into a Contract pursuant to an award. This does not exclude a bid limiting the maximum gross amount of awards acceptable to any one bidder at any one bid letting, providing that any selection of awards will be made by the Division. iv. Failure to sign or properly execute the Proposal.

when a Division determined goal is indicated in paragraph 5 of the Special Provision for Disadvantaged Business Enterprise Utilization. vi. Failure to properly acknowledge receipt of amendment(s) in accordance with Section J of the notice contained in the proposal. vii. Failure to show the unexpired West Virginia Contractor’s License Number when required in Section H of the notice contained in the proposal. vii. The bidder is not prequalified in the categories of work indicated in the proposal in a combination of those categories of work in order to perform work amounting to not less than 30% of the contract cost. viii. The proposal is mathematically and materially unbalanced. A mathematically unbalanced bid contains lump sum or unit price items that do not include reasonable labor, equipment, and material costs plus a reasonable proportionate share of the Bidder’s overhead costs, other indirect costs and anticipated profit. A Materially Unbalanced Bid is when the

Bid will not result in the lowest ultimate cost to the Division.

102.13MATERIAL GUARANTY:

The successful bidder shall furnish a complete statement of the origin, composition and manufacture of all materials to be used in the construction of the work, together with samples when required. Samples may be subjected to the tests provided for in these Specifications to determine their quality and fitness for the work.