AEOI 0608 DCR2700000001 - EOI - Underground Culvert Pipe and Hillside Slippage.pdf

EXPRESSION OF INTEREST

AEOI 0608 DCR2700000001

UNDERGROUND CULVERT PIPE AND HILLSIDE SLIPPAGE

PARKERSBURG CORRECTIONAL CENTER AND JAIL

UNDERGROUND CULVERT EXPRESSION OF

PIPE AND HILLSIDE INTEREST

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TABLE OF CONTENTS:

1. Table of Contents

2. Section One: General Information

3. Section Two: Instructions to Vendors Submitting Bids

4. Section Three: Project Specifications

5. Section Four: Vendor Proposal, Evaluation, and Award

6. Section Five: Terms and Conditions

7. Certification and Signature Page

SECTION ONE: GENERAL INFORMATION

1. PURPOSE: The Division of Corrections and Rehabilitation (DCR) is soliciting Expression(s) of Interest (“EOI” or “Bids”) for Parkersburg Correctional Center and Jail (PBCC&J) from qualified firms to provide architectural/engineering services (“Vendors”) as defined herein. The facility is located at 225 Holiday Hills, Parkersburg, WV 26104 and is in Wood County.

2. PROJECT: The purpose of the project for which bids are being solicited is to provide is to provide Architectural or Engineering design because the Division of Corrections and Rehabilitation is reacting to issues at Parkersburg Correctional Center and Jail to replace the existing underground culvert pipe with new and stabilize the hillside from slipping.

For this reason, the Division of Corrections and Rehabilitation will require Architectural or Engineering Design (“Project”). The expression of interest must include schematic design, design development, construction documents, cost estimates, construction bid services, and construction administration services in coordination with the Agency’s representative.

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3. SCHEDULE OF EVENTS:

Release of the EOI.......................................................................................8/2/2026 Written Questions Submission Deadline. ..................2:00 PM E.S.T. on 8/21/2026 Addendum Issued ...………………………………………….………………..TBD Expressions of Interest Opening Date........................10:30 AM E.S.T. on 9/1/2026 Evaluation Committee List of Three Highest Qualified Firms Provided……..TBD Estimated Date for Interviews of Three Firms..................................................TBD Price Negotiations Commence with Highest Ranked Firm.…………………..TBD

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SECTION TWO: INSTRUCTIONS TO VENDORS SUBMITTING BIDS

Instructions begin on the next page.

Revised 10/1/2025

INSTRUCTIONS TO VENDORS SUBMITTING BIDS

1. REVIEW DOCUMENTS THOROUGHLY: The attached documents contain a solicitation for bids. Please read these instructions and all documents attached in their entirety. These instructions provide critical information about requirements that if overlooked could lead to disqualification of a Vendor’s bid. All bids must be submitted in accordance with the provisions contained in these instructions and the Solicitation. Failure to do so may result in disqualification of Vendor’s bid.

2. MANDATORY TERMS: The Solicitation may contain mandatory provisions identified by the use of the words “must,” “will,” and “shall.” Failure to comply with a mandatory term in the Solicitation will result in bid disqualification.

2A. PREBID MEETING: The item identified below shall apply to this Solicitation.

[X] A pre-bid meeting will not be held prior to bid opening:

[ ] A NON-MANDATORY PRE-BID meeting will be held at the following place and time:

[ ] A MANDATORY PRE-BID meeting will be held at the following place and time:

All Vendors submitting a bid must attend the mandatory pre-bid meeting. Failure to attend the mandatory pre-bid meeting shall result in disqualification of the Vendor’s bid. No one individual is permitted to represent more than one vendor at the pre-bid meeting. Any individual that does attempt to represent two or more vendors will be required to select one vendor to which the individual’s attendance will be attributed. The vendors not selected will be deemed to have not attended the pre-bid meeting unless another individual attended on their behalf.

An attendance sheet provided at the pre-bid meeting shall serve as the official document verifying attendance. Any person attending the pre-bid meeting on behalf of a Vendor must list on the attendance sheet his or her name and the name of the Vendor he or she is representing.

Additionally, the person attending the pre-bid meeting should include the Vendor’s E-Mail address, phone number, and Fax number on the attendance sheet. It is the Vendor’s responsibility to locate the attendance sheet and provide the required information. Failure to complete the attendance sheet as required may result in disqualification of Vendor’s bid.

All Vendors should arrive prior to the starting time for the pre-bid. Vendors who arrive after the starting time but prior to the end of the pre-bid will be permitted to sign in but are charged with knowing all matters discussed at the pre-bid.

Questions submitted at least five business days prior to a scheduled pre-bid will be discussed at the pre-bid meeting if possible. Any discussions or answers to questions at the pre-bid meeting are preliminary in nature and are non-binding. Official and binding answers to questions will be published in a written addendum to the Solicitation prior to bid opening.

3. VENDOR QUESTION DEADLINE: Vendors may submit questions relating to this

Solicitation to the Division of Corrections and Rehabilitation. Questions must be submitted in writing. All questions must be submitted on or before the date listed below and to the address listed below in order to be considered. A written response will be published in a Solicitation addendum if a response is possible and appropriate. Non-written discussions, conversations, or questions and answers regarding this Solicitation are preliminary in nature and are nonbinding.

Submitted e-mails should have solicitation number in the subject line.

Question Submission Deadline:

Submit Questions to: 2:00 PM E.S.T. on August 21, 2026 1124 Smith Street, Suite 2100 Charleston, WV 25301 Fax: (304) 957-7622 Email: Philip.K.Farley@wv.gov (Email is the preferred method.)

4. VERBAL COMMUNICATION: Any verbal communication between the Vendor and any

State personnel is not binding, including verbal communication at the mandatory pre-bid conference. Only information issued in writing and added to the Solicitation by an official written addendum by the Division of Corrections and Rehabilitation is binding.

5. BID SUBMISSION: All bids must be submitted on or before the date and time of the bid opening listed in section 5 below. Vendors can submit bids electronically through wvOASIS in paper form delivered to the Division of Corrections and Rehabilitation at the address listed below either in person or by courier, or in facsimile form by faxing to the Division of Corrections and Rehabilitation at the number listed below. Notwithstanding the foregoing, the Division of Corrections and Rehabilitation may prohibit the submission of bids electronically through wvOASIS at its sole discretion. Such a prohibition will be contained and communicated in the wvOASIS system resulting in the Vendor’s inability to submit bids through wvOASIS. The Division of Corrections and Rehabilitation will not accept bids, modification of bids, or addendum acknowledgment forms via e-mail. Bids submitted in paper or facsimile form must contain a signature. Bids submitted in wvOASIS are deemed to be electronically signed.

Any bid received by the Division of Corrections and Rehabilitation staff is considered to be in the possession of the Division of Corrections and Rehabilitation and will not be returned for any reason.

mailto:Philip.K.Farley@wv.gov

For Request for Proposal (“RFP”) Responses Only: Submission of a response to a Request for Proposal is not permitted in wvOASIS. In the event that Vendor is responding to a request for proposal, the Vendor shall submit one original technical and one original cost proposal prior to the bid opening date and time identified in Section 7 below, plus____ convenience copies of each to the Division of Corrections and Rehabilitation at the address shown below. Additionally, the Vendor should clearly identify and segregate the cost proposal from the technical in a separately sealed envelope.

Bid Delivery Address and Fax Number:

Division of Administrative Services 1124 Smith Street, Suite 2100 Charleston, WV 25301 Fax: 304-957-7622

A bid submitted in paper or facsimile form should contain the information listed below on the face of the envelope or fax cover sheet otherwise the bid may be rejected by the Division of Corrections and Rehabilitation:

SEALED BID: Parkersburg Correctional Center and Jail, Underground Culvert Pipe and Hillside Slippage

VENDOR NAME:

BUYER: Philip Farley

SOLICITATION NO.: AEOI 0608 DCR2700000001

BID SUBMISSION DEADLINE TIME AND DATE: 10:30 AM E.S.T. on September 1, 2026

FAX NUMBER: 304-957-7622

The Division of Corrections and Rehabilitation may prohibit the submission of bids electronically through wvOASIS at its sole discretion. Such a prohibition will be contained and communicated in the wvOASIS system resulting in the Vendor’s inability to submit bids through wvOASIS.

Submission of a response to an Expression or Interest or Request for Proposal is not permitted in wvOASIS.

6. PUBLIC BID OPENING: Bids submitted in response to this Solicitation will be opened at the location identified below on the date and time listed below. Delivery of a bid after the bid opening date and time will result in bid disqualification. For purposes of this Solicitation, a bid is considered delivered when confirmation of delivery is provided by wvOASIS (in the case of electronic submission) or when the bid is time stamped by the official Division of Corrections and Rehabilitation time clock (in the case of hand delivery).

Bid Opening Date and Time: 11:00 AM E.S.T. on September 1, 2026

Bid Opening Location:

Division of Administrative Services 1124 Smith Street, Suite 2100 Charleston, WV 25301

7. ADDENDUM ACKNOWLEDGEMENT: Changes or revisions to this Solicitation will be made by an official written addendum issued by the Division of Corrections and Rehabilitation.

Vendor should acknowledge receipt of all addenda issued with this Solicitation by completing an Addendum Acknowledgment Form, a copy of which is included herewith. Failure to acknowledge addenda may result in bid disqualification. The addendum acknowledgement should be submitted with the bid to expedite document processing.

8. BID FORMATTING: Vendor should type or electronically enter the information onto its bid to prevent errors in the evaluation. Failure to type or electronically enter the information may result in bid disqualification.

9. ALTERNATE MODEL OR BRAND: Unless the box below is checked, any model, brand, or specification listed in this Solicitation establishes the acceptable level of quality only and is not intended to reflect a preference for, or in any way favor, a particular brand or vendor. Vendors may bid alternates to a listed model or brand provided that the alternate is at least equal to the model or brand and complies with the required specifications. The equality of any alternate being bid shall be determined by the State at its sole discretion. Any Vendor bidding an alternate model or brand should clearly identify the alternate items in its bid and should include manufacturer’s specifications, industry literature, and/or any other relevant documentation demonstrating the equality of the alternate items. Failure to provide information for alternate items may be grounds for rejection of a Vendor’s bid.

[ ] This Solicitation is based upon a standardized commodity established under West Virginia Code § 5A-3-61. Vendors are expected to bid the standardized commodity identified. Failure to bid the standardized commodity will result in your firm’s bid being rejected.

10. EXCEPTIONS AND CLARIFICATIONS: The Solicitation contains the specifications that shall form the basis of a contractual agreement. Vendor shall clearly mark any exceptions, clarifications, or other proposed modifications in its bid. Exceptions to, clarifications of, or modifications of a requirement or term and condition of the Solicitation may result in bid disqualification.

11. COMMUNICATION LIMITATIONS: In accordance with West Virginia Code of State

Rules §148-1-6.6, communication with the State of West Virginia or any of its employees regarding this Solicitation during the solicitation, bid, evaluation or award periods, except through the Division of Corrections and Rehabilitation, is strictly prohibited without prior Division of Corrections and Rehabilitation approval. Division of Corrections and Rehabilitation approval for such communication is implied for all agency delegated and exempt purchases.

12. REGISTRATION: Prior to Contract award, the apparent successful Vendor must be properly registered with the Purchasing Division and must have paid the $125 fee, if applicable.

13. UNIT PRICE: Unit prices shall prevail in cases of a discrepancy in the Vendor’s bid.

14. SMALL, WOMEN-OWNED, OR MINORITY-OWNED BUSINESSES: For any solicitations publicly advertised for bid, in accordance with West Virginia Code §5A-3-37 and W. Va. CSR § 148-22-9, any non-resident vendor certified as a small, women- owned, or minority-owned business under W. Va. CSR § 148-22-9 shall be provided the same preference made available to any resident vendor. Any non-resident small, women-owned, or minority-owned business must identify itself as such in writing, must submit that writing to the Division of Corrections and Rehabilitation with its bid, and must be properly certified under W. Va. CSR § 148-22-9 prior to contract award to receive the preferences made available to resident vendors. Preference for a non-resident small, women-owned, or minority owned business shall be applied in accordance with W. Va. CSR § 148-22-9.

15. WAIVER OF MINOR IRREGULARITIES: The Division of Corrections and Rehabilitation reserves the right to waive minor irregularities in bids or specifications in accordance with West Virginia Code of State Rules § 148-1-4.6.

16. ELECTRONIC FILE ACCESS RESTRICTIONS: Vendor must ensure that its submission in wvOASIS can be accessed and viewed by the Division of Corrections and Rehabilitation staff immediately upon bid opening. The Division of Corrections and Rehabilitation will consider any file that cannot be immediately accessed and viewed at the time of the bid opening (such as, encrypted files, password protected files, or incompatible files) to be blank or incomplete as context requires and are therefore unacceptable. A vendor will not be permitted to unencrypt files, remove password protections, or resubmit documents after bid opening to make a file viewable if those documents are required with the bid. A Vendor may be required to provide document passwords or remove access restrictions to allow the Division of Corrections and Rehabilitation to print or electronically save documents provided that those documents are viewable by the Division of Corrections and Rehabilitation prior to obtaining the password or removing the access restriction.

17. NON-RESPONSIBLE: The Division of Corrections and Rehabilitation reserves the right to reject the bid of any vendor as Non-Responsible in accordance with W. Va. Code of State Rules § 148-1- 5.3, when it is determined that the vendor submitting the bid does not have the capability to fully perform or lacks the integrity and reliability to assure good-faith performance.”

18. ACCEPTANCE/REJECTION: The State may accept or reject any bid in whole, or in part in accordance with W. Va. Code of State Rules § 148-1-4.5. and § 148-1-6.4.b.”

19. YOUR SUBMISSION IS A PUBLIC DOCUMENT: Vendor’s entire response to the Solicitation and the resulting Contract are public documents. As public documents, they will be disclosed to the public following the bid/proposal opening or award of the contract, as required by the competitive bidding laws of West Virginia Code §§ 5A-3-1 et seq., § 5-22-1 et seq., and § 5G-1-1 et seq. and the Freedom of Information Act West Virginia Code §§ 29B-1- 1 et seq.

DO NOT SUBMIT MATERIAL YOU CONSIDER TO BE CONFIDENTIAL, A TRADE

SECRET, OR OTHERWISE NOT SUBJECT TO PUBLIC DISCLOSURE.

Submission of any bid, proposal, or other document to the Division of Corrections and Rehabilitation constitutes your explicit consent to the subsequent public disclosure of the bid, proposal, or document. The Division of Corrections and Rehabilitation will disclose any document labeled “confidential,” “proprietary,” “trade secret,” “private,” or labeled with any other claim against public disclosure of the documents, to include any “trade secrets” as defined by West Virginia Code § 47-22-1 et seq. All submissions are subject to public disclosure without notice.

20. WITH THE BID REQUIREMENTS: In instances where these specifications require documentation or other information with the bid, and a vendor fails to provide it with the bid, the Division of Corrections and Rehabilitation reserves the right to request those items after bid opening and prior to contract award pursuant to the authority to waive minor irregularities in bids or specifications under W. Va. CSR § 148-1-4.6. This authority does not apply to instances where state law mandates receipt with the bid.

21. EMAIL NOTIFICATION OF AWARD: The Division of Corrections and Rehabilitation will attempt to provide bidders with e-mail notification of contract award when a solicitation that the bidder participated in has been awarded. For notification purposes, bidders must provide the Division of Corrections and Rehabilitation with a valid email address in the bid response. Bidders may also monitor wvOASIS website to determine when a contract has been awarded.

SECTION THREE: PROJECT SPECIFICATIONS

1. BACKGROUND:

A. Parkersburg Correctional Center and Jail is a medium-security correctional center that houses 184 offenders. The building that (PBCC&J) is located was built in 1979 and opened as the Sheraton Hotel. Which later changed to the Holiday Inn. In 2010, the DCR purchased the property and building. The building and property were converted to a prison and opened in 2012.

B. Part 1: Existing underground galvanized culvert pipe:

1) At the bottom of the hill off U.S. Route 50 on the east side of the access road to the facility, there is a restaurant building that is out of business. There is an existing concrete packing lot that is on three (3) sides of the restaurant building. It is believed the restaurant building was built and opened in the 1960s. The property that the restaurant building is on is not owned by DCR.

2) On the east side of the property that the restaurant is located, Berry Run Creek, storm water from PBCC&J, storm water from I-79, and storm water from U.S.

Route 50 flows into an existing concrete inlet to an existing underground galvanized culvert pipe, approximately eight (8’) feet high. The inside of the existing galvanized culvert pipe is installed underground from the east side to the west side of the restaurant property underneath the existing concrete parking lot.

The existing underground galvanized culvert pipe continues underneath the access road and property on the west side of the access road. The DCR owns the property that the access road and property lot west of the access road. Somewhere underneath the ground on the property lot that is located on the west side of the access road, it is believed that the existing underground galvanized culvert pipe has a thirty (30) or forty-five (45) degree turn. On the west side of the property lot, there is a hillside from the flat lot where there is an existing concrete outlet where Berry Run Creek flow out of the existing galvanized culvert pipe on the ground where there is an existing concrete flood wall that is located on the east side of the Red Roof Inn.

3) On the restaurant property, the existing underground galvanized culvert is approximately one hundred seventy-five (175’) linear feet. On the DCR property, the existing underground galvanized culvert pipe is approximately forty (40’) linear feet and on the lot west of the access road, it is approximately one hundred sixty (160’) linear feet. Approximately thirty (30’) linear feet, on the east side of the access road, in the concrete parking lot of the restaurant, there is a concrete inlet where the storm water from the parking lot flows into the existing

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underground galvanized culvert pipe. Approximately twenty (20’) linear feet, on the west side of the access road, in the field, there is an existing concrete inlet where the storm water, from the field, flows into the existing underground galvanized culvert pipe. Please see attachment no. 1.

4) On June 18, there was an area where a portion of the restaurant parking lot and grass area beside the access road to the facility collapsed causing a large sink hole. It appears that the sink hole is at least twelve (12’) feet deep.

5) Where the collapse and large sinkhole happened, it appeared there was a concrete inlet with a storm water pipe from an area above the restaurant parking lot running into. There is also a galvanized pipe that goes from the concrete inlet under the access road to the facility and drains into the underground galvanized culvert pipe. From what can be seen right now, it appears that all the storm water pipe that is located underground that goes underneath the access road to the facility is still connected. It also appears that there is a galvanized culvert pipe from an area underneath the restaurant parking lot that connects to the concrete inlet pipe that has collapsed. Please see attachment no. 2 pictures.

6) For precautions, the left side of the access road to the facility has been blocked off and traffic can only travel on the right side. With the rain that the area has recently received and the additional rain that is in the forecast, there is a concern that the sink hole will get larger and potentially cause the access road to the facility to collapse. Which in turn would cause a secondary access road to the facility to be constructed.

7) The DCR got a proposal to conduct emergency exploratory excavation and clean out materials from large sinkhole. The work would consist of utilizing large excavators with operators, dump trucks with operators to export soils, laborers, providing large blast rocks to help stabilize the hole walls.

8) On the morning of June 19, it was noticed that the access road to the facility had dropped some in the area above the existing underground galvanized culvert pipe is located. It was also found out by Hope Gas Company whenever they were trying to locate the existing underground natural gas supply pipe to the facility that the pipe is located underground right on the side of the sink hole by the concrete sidewalk.

9) On the afternoon of June 19, DCR had a contractor to conduct emergency exploratory excavation and clean out materials from large sinkhole. After the exploratory excavation started, the galvanized culvert pipe that was located under the area where the sinkhole happened collapsed. The section of galvanized culvert

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pipe that collapsed washed underneath the galvanized culvert pipe that is located underneath the access road. It was also found that the dirt and rock that was around the collapsed galvanized culvert pipe also washed and remains in the bottom area of the galvanized culvert pipe that is located underneath the access road. After future investigation into the issue, it was found that the existing underground galvanized culvert pipe is in bad condition. Please see attachment

no. 3 pictures.

10) Once the contractor opened the sinkhole exposing the existing culvert pipe, there is existing culvert pipe blocking areas where the storm water flows. From the sinkhole looking into the galvanized culvert pipe that goes to the inlet on the I-77 side of the restaurant parking lot, there are existing pieces of the galvanized culvert pipe that currently cannot be removed. From the sinkhole looking into the galvanized culvert pipe that goes under the facility access road, there are pieces of the culvert pipe. The contractor tried to pull the pieces of galvanized culvert pipe out but was only able to remove about 5 feet. The rest remains. Please see attachment no. 4 pictures.

11) The contractor has also installed a construction fence around the sinkhole and left side of the facilty access road. They have also installed two metal plates on the right side of the facility access road that are located overtop of where the underground culvert pipe is located. The previously stated will remain in place.

C. Part 2: Hillside slippage:

1) At the back area of the facility property, there is an existing underground culvert pipe that the stormwater from facility flows through and runs down the hillside.

Over time, the existing underground culvert pipe has collapsed underneath the existing concrete parking lot. Which in turn has caused sections of the existing concrete parking lot to collapse. The previously stated has also caused the existing power company power pole where the power is fed from to the facility to also lean. The power company has installed an additional guy wire to support the existing power pole. Please see attachment no. 5 pictures.

2) On the west side of storm water pipe, over time, it appears that the hillside is slipping and causing sections of the parking lot to start to collapse. Please see attachment no. 6 pictures.

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2. PROJECT AND GOALS: The project goals and objectives are listed below. Vendors should discuss any anticipated concepts and proposed methods of approach for achieving each of the listed goals and objectives:

A. Part 1: Existing underground galvanized culvert pipe, separate project:

1) Vendor must provide a complete design package to include all architectural and engineering disciplines to design drawings and develop specifications to meet the needs and requirements of the Agency.

2) Vendor must provide design plans and specifications for new underground galvanized culvert pipe to replace the existing or alternative solutions, potential secondary access road to the facility, design modernization package, complete with all drawings, specifications, and project manual.

3) Vendor must provide construction bid services with the Agency’s representatives.

4) Vendor must provide construction administration services in coordination with the Agency’s representatives. Vendor must review all submittals and shop drawings to verify, approve or revise / resubmit. Vendors must attend all construction progress meetings and provide an update on the project every time.

B. Part 2: Hillside slippage, separate project:

1) Vendor must provide a complete design package to include all architectural and engineering disciplines to design drawings and develop specifications to meet the needs and requirements of the Agency.

2) Vendor must provide design plans and specifications for new underground galvanized culvert pipe to replace the existing, stabilize the ground, stabilize the existing hillside, collapsed or are in the process of collapsing concrete areas, design modernization package, complete with all drawings, specifications, and project manual.

3) Vendor must provide construction bid services with the Agency’s representatives.

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4) Vendor must provide construction administration services in coordination with the Agency’s representatives. Vendor must review all submittals and shop drawings to verify, approve or revise / resubmit. Vendors must attend all construction progress meetings and provide an update on the project every time

C. Parkersburg Correctional Center and Jail:

1) The part 1 and part 2 projects must be in compliance with the following including, but not limited to, the National Fire Protect Agency (NFPA), National Electric Code (NEC), International Building Codes (IBC), and all other State and Federal regulations as required. Firm shall be capable of providing construction phase services in coordination with the Agency personnel. Vendor must be West Virginia licensed Architectural or Engineering (A/E) firm and must be familiar with and have a successful track record of providing all required services. Vendor must have a minimum of five years’ experience in designing similar projects.

2) Drawings and specifications are to be reviewed with the Agency and submitted at

35%, 65%, 95%, and 100%. Cost estimates are to be revised and submitted with each submittal at 65% and 100%.

3) After the design drawings and specifications have been completed and are ready to go out to bid, the vendor must provide on paper and a USB flash drive all the following:

a) All project drawings must be in sets of three (3) full size copies, one (1) in

PDF format, and one (1) in AutoCAD format.

b) The project manual must be in sets of three (3) letter size copies.

c) All project specifications must be provided in one (1) PDF format and (1) in Word format.

D. All hard copies and electronic versions must be submitted to the Division of Corrections and Rehabilitation, Director of Engineering, Construction, and Maintenance or designee. The State shall retain copyright control over the final documents and may reuse document for State facilities management purposes.

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3. QUALIFICATIONS, EXPERIENCE, AND PAST PERFORMANCE: Vendors must include a statement of qualifications and performance data. The statement of qualifications and performance data may be presented through things like information regarding its employees, such as staff qualifications and experience in completing similar projects; references; copies of any staff certifications or degrees applicable to this project;

proposed staffing plan; descriptions of past projects completed entailing the location of the project, project manager name and contact information, type of project, and the project goals and objectives and how they were met.

A. The West Virginia Division of Corrections and Rehabilitation and/or Division of

Administrative Services will be reviewing the proposals and selecting three (3) Architectural or Engineering firms for the oral presentation and interview. All selected will be put on a shortlist.

1) Vendors that are on the shortlist will be contacted for the oral presentation and interview and will receive a letter via email with the time and date of the interview.

4. ORAL PRESENTATIONS/INTERVIEWS: The Agency will conduct individual interviews with the three vendors that are determined to be the most qualified to provide the required service. During oral presentations/interviews, vendors may not alter or add to their submitted proposal, but only clarify information already submitted. A description of the materials and information to be presented is provided below:

A. Materials and Information Required at Oral Presentation/Interviews:

1) Selected Vendors must bring six (6) hard copies and one (1) copy in PDF format on USB flash drive of their presentation.

2) If selected Vendor plans to do their presentation via an overhead projector, the Division of Corrections and Rehabilitation must be notified ahead of time to ensure that we have an overhead projector set up.

3) Selected Vendors should be prepared to conduct an approximately sixty (60) minutes oral presentation and interview questions-and-answer session, with allowance to the Vendor for the first forty-five (45) minutes of the oral presentation of any type they deem suitable to demonstrate their abilities, knowledge of the subject matter and qualifications. Questions can be based on any aspect of the project or submitted proposals.

SECTION FOUR: VENDOR PROPOSAL, EVALUATION, & AWARD

1. ECONOMY OF PREPARATION: EOIs should be prepared simply and economically, providing a straight-forward, concise description of the firm’s abilities to satisfy the requirements and goals and objectives of the EOI. Emphasis should be placed on completeness and clarity of content. The response sections should be labeled for ease of evaluation.

2. BIDS MUST NOT CONTAIN PRICE INFORMATION: The State shall select the best value solution according to W. Va. Code §5G-1-3. In accordance with Code requirements, no “price” or “fee” information is permitted in the Vendor’s EOI response.

3. EVALUATION AND AWARD PROCESS: Expressions of Interest for projects estimated to cost $250,000 or more will be evaluated and awarded in accordance with W.Va. Code §5G-1-3. That Code section requires the following related to evaluation and award:

A. Selection Committee Evaluation and Negotiation: A committee comprised of three to five representatives of the agency initiating the request shall:

1) Evaluate the statements of qualifications and performance data and other material submitted by the interested firms and select three firms which in their opinion are the best qualified to perform the desired service.

2) Conduct interviews with each of the three firms selected.

3) Rank the three selected firms in order of preference.

4) Commence scope of service and price negotiations with the highest qualified professional firm.

If negotiations are successful, the contract documents will be forwarded to the WV Attorney General’s office for review and approval as to form. Once approved, a formal contract will be issued to the Vendor.

Should the agency be unable to negotiate a satisfactory contract with the professional firm considered to be the most qualified at a fee determined to be fair and reasonable, the agency will then commence negotiations with the second most qualified firm, and so on, until an agreement is reached, or the solicitation is cancelled.

B. Three Firm Evaluation Rankings: The Agency will evaluate the three firms that have been determined most qualified to perform the desired service. The evaluation criteria

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are defined in the Procurement Specifications section and based on a 100-point total score. Points shall be assigned based upon the Vendor’s response to the evaluation criteria as follows:

• Qualifications, Experience, and Past Performance (30) Points Possible

• Goals and Objectives: – Anticipated Concepts and Methods of Approach (30) Points Possible

• Construction Management and Contract Administration (20) Points Possible

• Oral Interview (20) Points Possible

Total 100 Point Possible

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SECTION FIVE: TERMS AND CONDITIONS

Terms and conditions begin on the next page.

GENERAL TERMS AND CONDITIONS:

1. CONTRACTUAL AGREEMENT: Issuance of an Award Document signed by the Division of Corrections and Rehabilitation, or designee, and approved as to form by the Attorney General’s office constitutes acceptance of this Contract made by and between the State of West Virginia and the Vendor. Vendor’s signature on its bid signifies Vendor’s agreement to be bound by and accept the terms and conditions contained in this Contract.

2. DEFINITIONS: As used in this Solicitation/Contract, the following terms shall have the meanings attributed to them below. Additional definitions may be found in the specifications included with this Solicitation/Contract.

2.1. “Agency” or “Agencies” means the agency, board, commission, or other entity of the State of West Virginia that is identified on the first page of the Solicitation or any other public entity seeking to procure goods or services under this Contract.

2.2. “Bid” or “Proposal” means the vendors submitted response to this solicitation.

2.3. “Contract” means the binding agreement that is entered into between the State and the

Vendor to provide the goods or services requested in the Solicitation.

2.4. “Award Document” means the document signed by the Division of Corrections and

Rehabilitation, and approved as to form by the Attorney General, that identifies the Vendor as the contract holder.

2.5. “Solicitation” means the official notice of an opportunity to supply the State with goods or services that is published by the Division of Corrections and Rehabilitation.

2.6. “State” means the State of West Virginia and/or any of its agencies, commissions, boards, etc. as context requires.

2.7. “Vendor” or “Vendors” means any entity submitting a bid in response to the

Solicitation, the entity that has been selected as the lowest responsible bidder, or the entity that has been awarded the Contract as context requires.

3. CONTRACT TERM; RENEWAL; EXTENSION: The term of this Contract shall be determined in accordance with the category that has been identified as applicable to this Contract below:

[ ] Term Contract

Initial Contract Term: Initial Contract Term: The Initial Contract Terms will be for a period of ______. The Initial Contract Terms become effective on the effective start date listed on the first page of this Contract and the Initial Contract Term ends on the effective end date also shown on the first page of this Contract.

Renewal Term: This Contract may be renewed upon the mutual written consent of the Division of Corrections and Rehabilitation, and the Vendor, with approval of the Division of Corrections and Rehabilitation and the Attorney General’s office (Attorney General approval is as to form only). Any request for renewal should be delivered to the Agency and then submitted to the Division of Corrections and Rehabilitation thirty (30) days prior to the expiration date of the initial contract term or appropriate renewal term. A Contract renewal shall be in accordance with the terms and conditions of the original contract. Unless otherwise specified below, renewal of this Contract is limited to ____ successive one (1) year periods or multiple renewal periods of less than one year, provided that the multiple renewal periods do not exceed the total number of months available in all renewal years combined. Automatic renewal of this Contract is prohibited.

Renewals must be approved by the Vendor, Division of Corrections and Rehabilitation, and Attorney General’s office (Attorney General approval is as to form only)

[ ] Alternate Renewal Term – This contract may be renewed for __________________ successive __________ year periods or shorter periods provided that they do not exceed the total number of months contained in all available renewals. Automatic renewal of this Contract is prohibited. Renewals must be approved by the Vendor, Division of Corrections and Rehabilitation, and Attorney General’s office (Attorney General approval is as to form only)

Delivery Order Limitations: In the event that this contract permits delivery orders, a delivery order may only be issued during the time this Contract is in effect. Any delivery order issued within one year of the expiration of this Contract shall be effective for one year from the date the delivery order is issued. No delivery order may be extended beyond one year after this Contract has expired.

[X] Fixed Period Contract: This Contract becomes effective upon Vendor’s receipt of the notice to proceed and must be completed within (1,825) calendar days.

[ ] Fixed Period Contract with Renewals: This Contract becomes effective upon Vendor’s receipt of the notice to proceed and part of the Contract more fully described in the attached specifications must be completed within _________________ days. Upon completion of the work covered by the preceding sentence, the vendor agrees that:

[ ] the contract will continue for _________________ years;

[ ] the contract may be renewed for __________________ successive __________ year periods or shorter periods provided that they do not exceed the total number of months contained in all available renewals. Automatic renewal of this Contract is prohibited.

Renewals must be approved by the Vendor, Agency, Division of Corrections and Rehabilitation, and Attorney General’s office (Attorney General approval is as to form only).

[ ] One Time Purchase: The term of this Contract shall run from the issuance of the Award Document until all of the goods contracted for have been delivered, but in no event will this Contract extend for more than one fiscal year.

[ ] Construction/Project Oversight: This Contract becomes effective on the effective start date listed on the fire page of this Contract, identified as the State of West Virginia contract cover page containing the signatures of the State Agency (or another page identified as ________________________), and continues until the project for which the vendor is providing oversight is complete.

[ ] Other: Contract Term specified in ________________________.

4. AUTHORIZATION TO PROCEED: Vendor is authorized to begin performance of this contract on the date of encumbrance listed on the front page of the Award Document unless either the box for “Fixed Period Contract” or “Fixed Period Contract with Renewals” has been checked in Section 3 above. If either “Fixed Period Contract” or “Fixed Period Contract with Renewals” has been checked, Vendor must not begin work until it receives a separate notice to proceed from the State. The notice to proceed will then be incorporated into the Contract via change order to memorialize the official date that work commenced.

5. QUANTITIES: The quantities required under this Contract shall be determined in accordance with the category that has been identified as applicable to this Contract below.

[ ] Open End Contract: Quantities listed in this Solicitation are approximations only, based on estimates supplied by the Agency. It is understood and agreed that the Contract shall cover the quantities actually ordered for delivery during the term of the Contract, whether more or less than the quantities shown.

[X] Service: The scope of the service to be provided will be more clearly defined in the specifications included herewith.

[ ] Combined Service and Goods: The scope of the service and deliverable goods to be provided will be more clearly defined in the specifications included herewith.

[ ] One Time Purchase: This Contract is for the purchase of a set quantity of goods that are identified in the specifications included herewith. Once those items have been delivered, no additional goods may be procured under this Contract without an appropriate change order approved by the Vendor, Division of Corrections and Rehabilitation, and Attorney General’s office.

[ ] Construction: This Contract is for construction activity more fully defined in the specifications.

6. EMERGENCY PURCHASES: The Division of Corrections and Rehabilitation may authorize the Agency to purchase goods or services in the open market that Vendor would otherwise provide under this Contract if those goods or services are for immediate or expedited delivery in an emergency. Emergencies shall include, but are not limited to, delays in transportation or an unanticipated increase in the volume of work. An emergency purchase in the open market, approved by the Division of Corrections and Rehabilitation, shall not constitute of breach of this Contract and shall not entitle the Vendor to any form of compensation or damages. This provision does not excuse the State from fulfilling its obligations under a One Time Purchase contract.

7. REQUIRED DOCUMENTS: All of the items checked below must be provided to the Division of Corrections and Rehabilitation by the Vendor as specified below.

[X] LICENSE(S) / CERTIFICATIONS / PERMITS: In addition to anything required under the Section of the General Terms and Conditions entitled Licensing, the apparent successful Vendor shall furnish proof of the following licenses, certifications, and/or permits prior to Contract award, in a form acceptable to the Division of Corrections and Rehabilitation.

[X] Professional Engineering License

The apparent successful Vendor shall also furnish proof of any additional licenses or certifications contained in the specifications prior to Contract award regardless of whether or not that requirement is listed above.

8. INSURANCE: The apparent successful Vendor shall furnish proof of the insurance identified by a checkmark below and must include the State as an additional insured on each policy prior to Contract award. The insurance coverages identified below must be maintained throughout the life of this contract. Thirty (30) days prior to the expiration of the insurance policies, Vendor shall provide the Agency with proof that the insurance mandated herein has been continued.

Vendor must also provide Agency with immediate notice of any changes in its insurance policies, including but not limited to, policy cancelation, policy reduction, or change in insurers.

The apparent successful Vendor shall also furnish proof of any additional insurance requirements contained in the specifications prior to Contract award regardless of whether or not that insurance requirement is listed in this section.

Vendor must maintain:

[X] Commercial General Liability Insurance in at least an amount of: $1,000,000.00 per occurrence.

[X] Automobile Liability Insurance in at least an amount of: $1,000,000.00 per occurrence.

[X] Professional/Malpractice/Errors and Omission Insurance in at least an amount of:

$1,000,000.00 per occurrence.

[ ] Commercial Crime and Third-Party Fidelity Insurance in an amount of:

________________ per occurrence.

[ ] Cyber Liability Insurance in an amount of: ___________________________ per occurrence.

[ ] Builders Risk Insurance in an amount equal to 100% of the amount of the Contract.

[ ] Pollution Insurance in an amount of: _________________ per occurrence.

[ ] Aircraft Liability in an amount of: _________________ per occurrence.

[X] Insurance requirements will be as listed above and in compliance with AIA B101-2017, as amended by the State of WV Supplementary Conditions o AIA B101-2017, Standard Form of Agreement Between Owner and Architect/Engineering Firm.

[X] Professional Liability Insurance will be for a minimum of $1,000,000.00 per claim and

$1,000,000.00 in aggregate.

9. WORKERS’ COMPENSATION INSURANCE: The apparent successful Vendor shall comply with laws relating to workers compensation, shall maintain workers’ compensation insurance when required, and shall furnish proof of workers’ compensation insurance upon request.

10. LIQUIDATED DAMAGES: This clause shall in no way be considered exclusive and shall not limit the State or Agency’s right to pursue any other available remedy. Vendor shall pay liquidated damages in the amount specified below or as described in the specifications:

[ ] ___________________________ for ___________________________________

[ ] Liquidated Damages Contained in the Specifications.

[X] Liquidated Damages Are Not Included in this Contract.

11. ACCEPTANCE: Vendor’s signature on its bid, or on the certification and signature page, constitutes an offer to the State that cannot be unilaterally withdrawn, signifies that the product or service proposed by vendor meets the mandatory requirements contained in the Solicitation for that product or service, unless otherwise indicated, and signifies acceptance of the terms and conditions contained in the Solicitation unless otherwise indicated.

12. PRICING: The pricing set forth herein is firm for the life of the Contract, unless specified elsewhere within this Solicitation/Contract by the State. A Vendor’s inclusion of price adjustment provisions in its bid, without an express authorization from the State in the Solicitation to do so, may result in bid disqualification. Notwithstanding the foregoing, Vendor must extend any publicly advertised sale price to the State and invoice at the lower of the contract price or the publicly advertised sale price.

13. PAYMENT IN ARREARS: Payments for goods/services will be made in arrears only upon receipt of a proper invoice, detailing the goods/services provided or receipt of the goods/services, whichever is later. Notwithstanding the foregoing, payments for software maintenance, licenses, or subscriptions may be paid annually in advance.

14. PAYMENT METHODS: Vendor must accept payment by electronic funds transfer and P-

Card. (The State of West Virginia’s Purchasing Card program, administered under contract by a banking institution, processes payment for goods and services through state designated credit cards.)

15. TAXES: The Vendor shall pay any applicable sales, use, personal property or any other taxes arising out of this Contract and the transactions contemplated thereby. The State of West Virginia is exempt from federal and state taxes and will not pay or reimburse such taxes.

16. ADDITIONAL FEES: Vendor is not permitted to charge additional fees or assess additional charges that were not either expressly provided for in the solicitation published by the State of West Virginia, included in the Contract, or included in the unit price or lump sum bid amount that Vendor is required by the solicitation to provide. Including such fees or charges as notes to the solicitation may result in rejection of vendor’s bid. Requesting such fees or charges be paid after the contract has been awarded may result in cancellation of the contract.

17. FUNDING: This Contract shall continue for the term stated herein, contingent upon funds being appropriated by the Legislature or otherwise being made available. In the event funds are not appropriated or otherwise made available, this Contract becomes void and of no effect beginning on July 1 of the fiscal year for which funding has not been appropriated or otherwise made available. If that occurs, the State may notify the Vendor that an alternative source of funding has been obtained and thereby avoid the automatic termination. Non-appropriation or non-funding shall not be considered an event of default.

18. CANCELLATION: The Division of Corrections and Rehabilitation the right to cancel this

Contract immediately upon written notice to the vendor if the materials or workmanship supplied do not conform to the specifications contained in the Contract.