ARFP_TPK2700000004_Vacuum_Truck_.pdf

REQUEST FOR PROPOSAL

West Virginia Parkways Authority – Vac-Truck

Revised 09/15/2026

TABLE OF CONTENTS

1. Section 1: General Information and Instructions

2. Section 2: Instructions to Vendors Submitting Proposals

3. Section 3: General Terms and Conditions

4. Section 4: Mandatory Specifications

5. Section 5: Vendor Proposal

6. Section 6: Evaluation and Award

7. Certification and Signature Page

SECTION 1: GENERAL INFORMATION

1. Introduction

The West Virginia Parkways Authority (hereafter “WVPA”) is soliciting sealed proposals from qualified vendors to provide one (1) new Vacuum Truck. The WVPA intends to award a contract based on best value considering technical compliance, service and support, training, price, and delivery.

SECTION 2: INSTRUCTIONS TO VENDORS SUBMITTING PROPOSALS

1. Proposals must be submitted in two parts in separate sealed envelopes, clearly labeled as the Technical

Proposal and the Cost Proposal. Both envelopes may be submitted together inside a single outer envelope.

1.1. Technical Proposal – Submit responses addressing each Section 4 mandatory requirement and each Section 5 proposal requirement. Provide the actual configuration, performance, and services offered, together with supporting documentation and page references. Address the rated evaluation items identified in Attachment A. Vendors are not required to assign ratings or complete the evaluator scoring fields.

1.2. Cost Proposal – submitted separately in sealed envelope, clearly labeled. Any documentation related to delivery, training, warranty, or other technical details included in the cost proposal — rather than the technical proposal — will not be considered.

2. Proposals must be received no later than 10:30 a.m. on Wednesday, November 18, 2026, at:

Proposal Title: Vac-Truck

West Virginia Parkways Authority Attn: Director of Purchasing 374 George St.

Beckley, WV 25801

LATE PROPOSALS WILL NOT BE CONSIDERED

SECTION 3: GENERAL TERMS AND CONDITIONS

Terms and conditions begin on next page.

Revised: 4/1/26

GENERAL TERMS AND CONDITIONS:

1. CONTRACTUAL AGREEMENT: Issuance of an Award Document signed by the Purchasing Department Director and, if applicable, approved as to form by the Executive Director, and the West Virginia Parkways Authority Board constitutes acceptance of this Contract made by and between West Virginia Parkways Authority 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 “Contract” means the binding agreement that is entered into between the West Virginia Parkways Authority and the Vendor to provide the goods and services requested in the Solicitation.

2.2 “Director” means the Director of West Virginia Parkways Authority, Purchasing Department.

2.3 “Purchasing Department” means the West Virginia Parkways Authority, Purchasing Department.

2.4 “Purchase Order” means the document signed by the West Virginia Parkways Authority, that identifies the Vendor as the Contract holder.

2.5 “Solicitation” means the official notice of an opportunity to supply the Purchasing Department with goods or services.

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 successful bidder, or the entity that has been awarded the Contract as context requires.

2.8 “WVPA” means the West Virginia Parkways Authority.

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: This Contract becomes effective on [___]and extends for a period of [___]year(s).

Renewal Term: This Contract may be renewed upon the mutual written consent of the West Virginia Parkways Authority, and the Vendor, with approval of the Purchasing Department.

Any request for renewal must be submitted to the Purchasing Department Director 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.

Renewal of this Contract is limited to successive one (1) year periods. Automatic renewal of this Contract is prohibited.

Reasonable Time Extension: At the sole discretion of the Purchasing Department Director, this Contract may be extended for a reasonable time after the initial Contract term or after any renewal term as may be necessary to obtain a new contract or renew this Contract. Any reasonable time extension shall not exceed twelve (12) months. Vendor may avoid a reasonable time extension by providing the Purchasing Department Director with written notice of Vendor’s desire to terminate this Contract 30 days prior to the expiration of the then current term. During any reasonable time extension period, the Vendor may terminate this Contract for any reason upon giving the Purchasing Department Director 30 days written notice. Automatic extension of this Contract is prohibited.

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.

[___] Fixed Period Contract: This Contract becomes effective upon Vendor’s receipt of the notice to proceed and must be completed between ___ excluding weekends and Holidays.

[___] 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, the vendor agrees that maintenance, monitoring, or warranty services will be provided for ____ successive one-year periods or multiple periods of less than one year provided that the multiple renewal periods do not exceed____ months in total.

[___] 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 first page of the contract cover page and continues until the project for which the vendor is providing oversight is complete.

[___] Other: See attached.

4. NOTICE TO PROCEED: Vendor shall begin performance of this Contract immediately upon receiving the notice to proceed unless otherwise instructed by the West Virginia Parkways Authority. Unless otherwise specified, the fully executed Award Document will be considered the notice to proceed.

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 West Virginia Parkways Authority. 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.

[_ ] 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, Purchasing Department, and, if applicable, the Executive Director and/or West Virginia Parkways Authority Board.

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

6. PRICING: The pricing set forth herein is firm for the life of the Contract, unless specified elsewhere within this Solicitation/Contract by the West Virginia Parkways Authority. A Vendor’s inclusion of price adjustment provisions in its bid, without an express authorization from the West Virginia Parkways Authority in the Solicitation to do so, may result in bid disqualification.

7. EMERGENCY PURCHASES: The Purchasing Department Director may authorize the 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 Purchasing Department Director, shall not constitute a breach of this Contract and shall not entitle the Vendor to any form of compensation or damages. This provision does not excuse the West Virginia Parkways Authority from fulfilling its obligations under a One Time Purchase contract.

8. REQUIRED DOCUMENTS: All of the items checked below must be provided to the Purchasing

Department by the Vendor as specified below.

[ ] BID BOND: All Vendors shall furnish a bid bond in the amount of five percent (5%) of the total amount of the bid protecting the West Virginia Parkways Authority. The bid bond must be submitted with the bid. See Exhibit B.

[ ] PERFORMANCE BOND: The apparent successful Vendor shall provide a performance bond in the amount of 100% of the Contract value. The performance bond must be issued and received by the Purchasing Department prior to Contract award. On construction contracts, the performance bond must be 100% of the Contract value. See Exhibit C.

[ ] LABOR/MATERIAL PAYMENT BOND: The apparent successful Vendor shall provide a labor/material payment bond in the amount of 100% of the Contract value. The labor/material payment bond must be issued and delivered to the Purchasing Department prior to Contract award.

[ ] MAINTENANCE BOND: The apparent successful Vendor shall provide a two (2) year maintenance bond covering the roofing system. The maintenance bond must be issued and delivered to the Purchasing Department prior to Contract award.

[ ] WORKERS’ COMPENSATION INSURANCE: The apparent successful Vendor shall have appropriate workers’ compensation insurance and shall provide proof thereof upon request.

[ ] INSURANCE: The apparent successful Vendor shall furnish proof of the following insurance prior to Contract award:

[ ] Commercial General Liability Insurance: The apparent successful vendor’s Commercial General Liability Policy shall contain at a minimum, Contractual liability and Products/Completed Operations Liability which must meet or exceed the following limits: Bodily Injury of $1,000,000.00 per person, $1,000,000.00 per occurrence; Property Damage of at least $1,000,000.00 per occurrence; Bodily Injury/Property Damage of at least $2,000,000.00 combined single limit.

[ ] Builders Risk Insurance: builders risk – all risk insurance in an amount equal to

100% of the amount of the Contract.

[ ] Comprehensive Automobile Liability Insurance: The apparent successful vendor shall have and maintain at a minimum, during the life of this contract, Comprehensive Automobile Liability, including non-owned and hired vehicle, of at least $1,000,000.00 per person, $1,000,000.00 per occurrence; property damage of at least $1,000,000.00 per occurrence, or bodily injury/property damage of at least $2,000,000.00 combined single limit.

[ ] Professional Liability/Errors and Omission Coverage: The apparent successful vendor shall have and maintain at a minimum, during the life of this contract Professional Liability/Errors and Omission Coverage of $1,000,000.00 per occurrence.

[ ] Other:

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 above.

[ ] LICENSE(S) / CERTIFICATIONS: In addition to anything required under the Section entitled

Licensing, of the General Terms and Conditions, the apparent successful Vendor shall furnish proof of the following licenses prior to Contract award, in a form acceptable to the Purchasing Department.

[ ] Valid WV Contractors 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.

9. LITIGATION BOND: The Director reserves the right to require any Vendor that files a protest of an award to submit a litigation bond in the amount equal to one percent of the lowest bid submitted or $5,000, whichever is greater. The entire amount of the bond shall be forfeited if the hearing officer determines that the protest was filed for frivolous or improper purpose, including but not limited to, the purpose of harassing, causing unnecessary delay, or needless expense for the West Virginia Parkways Authority. All litigation bonds shall be made payable to the Purchasing Department. In lieu of a bond, the protester may submit a cashier’s check or certified check payable to the Purchasing Department. Cashier’s or certified checks will be deposited with and held by the West Virginia Parkways Authority. If it is determined that the protest has not been filed for frivolous or improper purpose, the bond or deposit shall be returned in its entirety.

10. ALTERNATES: Any model, brand, or specification listed herein 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 West Virginia Parkways Authority 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.

11. 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.

12. LIQUIDATED DAMAGES: Vendor shall pay liquidated damages in the amount of ___% of the contract total, assessed daily, for each calendar day beyond the contract delivery date of __________. This clause shall in no way be considered exclusive and shall not limit the West Virginia Parkways Authority’s right to pursue any other available remedy.

13. ACCEPTANCE/REJECTION: The West Virginia Parkways Authority may accept or reject any bid in whole or in part. Vendor’s signature on its bid signifies acceptance of the terms and conditions contained in the Solicitation and Vendor agrees to be bound by the terms of the Contract, as reflected in the Purchase Order, upon receipt.

14. REGISTRATION: Prior to Contract award, the apparent successful Vendor must be properly registered and in good standing with the West Virginia Purchasing Division.

15. COMMUNICATION LIMITATIONS: Communication with the West Virginia Parkways Authority or any of its employees regarding this Solicitation during the solicitation, bid, evaluation or award periods, except through its Purchasing Department, is strictly prohibited without prior Purchasing Department approval. Purchasing Department approval for such communication is implied for all exempt purchases.

16. FUNDING: This Contract shall continue for the term stated herein, contingent upon funds being appropriated by the West Virginia Parkways Authority 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.

17. PAYMENT: Payment in advance is prohibited under this Contract. Payment may only be made after the delivery and acceptance of goods or services. The Vendor shall submit invoices, in arrears, to the West Virginia Parkways Authority at the address on the face of the purchase order labeled “Invoice To.”

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

19. DELIVERY: All quotations are considered freight on board destination (“F.O.B. destination”) unless alternate shipping terms are clearly identified in the bid. Vendor’s listing of shipping terms that contradict the shipping terms expressly required by this Solicitation may result in bid disqualification.

20. INTEREST: Interest attributable to late payment will only be permitted if authorized by the West Virginia Code. Presently, there is no provision in the law for interest on late payments.

21. 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 West Virginia Parkways Authority is exempt from federal and state taxes and will not pay or reimburse such taxes.

22. CANCELLATION: The Purchasing Department Director reserves 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.

23. WAIVER OF MINOR IRREGULARITIES: The Director reserves the right to waive minor irregularities in bids or specifications.

24. TIME: Time is of the essence with regard to all matters of time and performance in this Contract.

25. APPLICABLE LAW: This Contract is governed by and interpreted under West Virginia law without giving effect to its choice of law principles. Any information provided in specification manuals, or any other source, verbal or written, which contradicts or violates the West Virginia Constitution, West Virginia Code, West Virginia Code of State Rules or the applicable policies of the West Virginia Parkways Authority is void and of no effect.

26. COMPLIANCE: Vendor shall comply with all applicable federal, state, and local laws, regulations and ordinances. By submitting a bid, Vendors acknowledge that they have reviewed, understand, and will comply with all applicable law.

27. HIPAA BUSINESS ASSOCIATE ADDENDUM: The West Virginia State Government HIPAA Business Associate Addendum (BAA), approved by the Attorney General, is available online at https://www.state.wv.us/admin/purchase/VRC/hipaa.html and is hereby made a part of the agreement.

This is only applicable should the solicitation contain a requirement concerning the process of protected health information and are considered to be a business associate. (see 45 CFR &160.103).

28. ARBITRATION: Any references made to arbitration contained in this Contract, Vendor’s bid, or in any

American Institute of Architects documents pertaining to this Contract are hereby deleted, void, and of no effect.

29. MODIFICATIONS: This writing is the parties’ final expression of intent. Notwithstanding anything contained in this Contract to the contrary, no modification of this Contract shall be binding without mutual written consent of the West Virginia Parkways Authority, and the Vendor, with approval of the Purchasing Department. No Change shall be implemented by the Vendor until such time as the Vendor receives an approved written change order from the Purchasing Department.

30. WAIVER: The failure of either party to insist upon a strict performance of any of the terms or provision of this Contract, or to exercise any option, right, or remedy herein contained, shall not be construed as a waiver or a relinquishment for the future of such term, provision, option, right, or remedy, but the same shall continue in remain in full force and effect. Any waiver must be expressly stated in writing and signed by the waiving party.

31. SUBSEQUENT FORMS: The terms and conditions contained in this Contract shall supersede any and all subsequent terms and conditions which may appear on any form documents submitted by Vendor to the West Virginia Parkways Authority or Purchasing Department such as price lists, order forms, invoices, sales agreements, or maintenance agreements, and includes internet websites or other electronic documents. Acceptance or use of Vendor’s forms does not constitute acceptance of the terms and conditions contained thereon.

32. ASSIGNMENT: Neither this Contract nor any monies due, or to become due hereunder, may be assigned by the Vendor without the express written consent of the Purchasing Department, or if applicable, the Executive Director and/or the West Virginia Parkways Authority Board, and any office that may be required to approve such assignments. Notwithstanding the foregoing, Purchasing Department approval may or may not be required on certain exempt purchases.

33. WARRANTY: The Vendor expressly warrants that the goods and/or services covered by this Contract will: (a) conform to the specifications, drawings, samples, or other description furnished or specified by the West Virginia Parkways Authority; (b) be merchantable and fit for the purpose intended; and (c) be free from defect in material and workmanship.

34. WEST VIRGINIA PARKWAYS AUTHORITY EMPLOYEES: West Virginia Parkways Authority employees are not permitted to utilize this Contract for personal use and the Vendor is prohibited from permitting or facilitating the same.

35. BANKRUPTCY: In the event the Vendor files for bankruptcy protection, the West Virginia Parkways

Authority may deem this Contract null and void, and terminate this Contract without notice.

36. CONFIDENTIALITY: The Vendor agrees that it will not disclose to anyone, directly or indirectly, any such personally identifiable information or other confidential information gained from the West Virginia Parkways Authority, unless the individual who is the subject of the information consents to the disclosure in writing or the disclosure is made pursuant to the West Virginia Parkways Authority’s policies, procedures, and rules.

37. DISCLOSURE: Vendor’s response to the Solicitation and the resulting Contract are considered public documents and will be disclosed to the public in accordance with the laws, rules, and policies governing the West Virginia Parkways Authority Purchasing Department. Those laws include, but are not limited to, the Freedom of Information Act found in West Virginia Code § 29B-1-1 et seq.

If a Vendor considers any part of its bid to be exempt from public disclosure, Vendor must so indicate by specifically identifying the exempt information, identifying the exemption that applies, providing a detailed justification for the exemption, segregating the exempt information from the general bid information, and submitting the exempt information as part of its bid but in a segregated and clearly identifiable format. Failure to comply with the foregoing requirements will result in public disclosure of the Vendor’s bid without further notice. A Vendor’s act of marking all or nearly all of its bid as exempt is not sufficient to avoid disclosure and WILL NOT BE HONORED. Vendor’s act of marking a bid or any part thereof as “confidential” or “proprietary” is not sufficient to avoid disclosure and WILL NOT BE HONORED. In addition, a legend or other statement indicating that all or substantially all of the bid is exempt from disclosure is not sufficient to avoid disclosure and WILL NOT BE HONORED. Vendor will be required to defend any claimed exemption for nondisclosure in the event of an administrative or judicial challenge to the State’s nondisclosure. Vendor must indemnify the West Virginia Parkways Authority for any costs incurred related to any exemptions claimed by Vendor. Any questions regarding the applicability of the various public records laws should be addressed to your own legal counsel prior to bid submission.

38. LICENSING: Vendor must be licensed and in good standing in accordance with any and all state and local laws and requirements by any state or local agency of West Virginia, including, but not limited to, the West Virginia Tax Department, West Virginia Insurance Commission, or any other state agency or political subdivision. Upon request, the Vendor must provide all necessary releases to obtain information to enable the Purchasing Department Director or the West Virginia Parkways Authority to verify that the Vendor is licensed and in good standing with the above entities.

39. ANTITRUST: In submitting a bid to, signing a contract with, or accepting a Purchase Order from the

West Virginia Parkways Authority, the Vendor agrees to convey, sell, assign, or transfer to the West Virginia Parkways Authority all rights, title, and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and the State of West Virginia for price fixing and/or unreasonable restraints of trade relating to the particular commodities or services purchased or acquired by the West Virginia Parkways Authority. Such assignment shall be made and become effective at the time the purchasing agency tenders the initial payment to Vendor.

40. VENDOR CERTIFICATIONS: By signing its bid or entering into this Contract, Vendor certifies (1) that its bid or offer was made without prior understanding, agreement, or connection with any corporation, firm, limited liability company, partnership, person or entity submitting a bid or offer for the same material, supplies, equipment or services; (2) that its bid or offer is in all respects fair and without collusion or fraud; (3) that this Contract is accepted or entered into without any prior understanding, agreement, or connection to any other entity that could be considered a violation of law; and (4) that it has reviewed this Solicitation in its entirety; understands the requirements, terms and conditions, and other information contained herein. Vendor’s signature on its bid or offer also affirms that neither it nor its representatives have any interest, nor shall acquire any interest, direct or indirect, which would compromise the performance of its services hereunder. Any such interests shall be promptly presented in detail to the West Virginia Parkways Authority.

The individual signing this bid on behalf of Vendor certifies that he or she is authorized by the Vendor to execute this bid or any documents related thereto on Vendor’s behalf; that he or she is authorized to bind the Vendor in a contractual relationship; and that, to the best of his or her knowledge, the Vendor has properly registered with any State agency that may require registration.

41. PURCHASING CARD ACCEPTANCE: The West Virginia Parkways Authority currently utilizes a Purchasing Card program, administered under contract by a banking institution, to process payment for goods and services. Unless otherwise indicated below, the Vendor must accept the West Virginia Parkways Authority’s Purchasing Card for payment of all orders under this Contract.

[ ] Vendor is not required to accept the West Virginia Parkways Authority’s Purchasing Card as payment for all goods and services

42. VENDOR RELATIONSHIP: The relationship of the Vendor to the West Virginia Parkways Authority shall be that of an independent contractor and no principal-agent relationship or employer-employee relationship is contemplated or created by this Contract. The Vendor as an independent contractor is solely liable for the acts and omissions of its employees and agents. Vendor shall be responsible for selecting, supervising, and compensating any and all individuals employed pursuant to the terms of this Solicitation and resulting contract. Neither the Vendor, nor any employees or subcontractors of the Vendor, shall be deemed to be employees of the West Virginia Parkways Authority for any purpose whatsoever. Vendor shall be exclusively responsible for payment of employees and contractors for all wages and salaries, taxes, withholding payments, penalties, fees, fringe benefits, professional liability insurance premiums, contributions to insurance and pension, or other deferred compensation plans, including but not limited to, Workers’ Compensation and Social Security obligations, licensing fees, etc. and the filing of all necessary documents, forms and returns pertinent to all of the foregoing. Vendor shall hold harmless the West Virginia Parkways Authority and shall provide the West Virginia Parkways Authority with a defense against any and all claims including, but not limited to, the foregoing payments, withholdings, contributions, taxes, Social Security taxes, and employer income tax returns.

43. INDEMNIFICATION: The Vendor agrees to indemnify, defend, and hold harmless the West Virginia

Parkways Authority, their officers, and employees from and against: (1) Any claims or losses for services rendered by any subcontractor, person, or firm performing or supplying services, materials, or supplies in connection with the performance of the Contract; (2) Any claims or losses resulting to any person or entity injured or damaged by the Vendor, its officers, employees, or subcontractors by the publication, translation, reproduction, delivery, performance, use, or disposition of any data used under the Contract in a manner not authorized by the Contract, or by Federal or State statutes or regulations; and (3) Any failure of the Vendor, its officers, employees, or subcontractors to observe State and Federal laws including, but not limited to, labor and wage and hour laws.

44. NO DEBT CERTIFICATION: In accordance with West Virginia Code § 5A-3-10a and 5-22-1(i), the

State, including the West Virginia Parkways Authority, is prohibited from awarding a contract to any bidder that owes a debt to the State or a political subdivision of the State. By submitting a bid, or entering into a contract with the State, or West Virginia Parkways Authority, Vendor is affirming that (1) for construction contracts, the vendor is not in default on any monetary obligation owed to the State or a Political Subdivision of the State, and (2) for all other contracts, that neither the Vendor nor any related party owe a debt as defined above and that neither Vendor nor any related party are in employer default as defined in the statues cited above unless the debt or employer default is permitted under statute.

45. CONFLICT OF INTEREST: Vendor, its officers or members or employees, shall not presently have or acquire any interest, direct or indirect, which would conflict with or compromise the performance of its obligations hereunder. Vendor shall periodically inquire of its officers, members and employees to ensure that a conflict of interest does not arise. Any conflict of interest discovered shall be promptly presented in detail to the West Virginia Parkways Authority.

46. BACKGROUND CHECK: In accordance with W.Va. Code §15-2D-3, the Director of the Division of Protective Services may require any service provider whose employees are regularly employed on the grounds or in the buildings of the Capitol Complex or who have access to sensitive or critical information to submit to a fingerprint-based state and federal background inquiry through the State repository. After the contract for such services has been approved, but before any such employees are permitted to be on the grounds or in the buildings of the Capitol Complex or have access to sensitive or critical information, the service provider shall submit a list of all persons who will be physically present and working at the Capitol Complex to the Director of the Division of Protective Services for the purpose of verifying compliance with this provision. The State reserves the right to prohibit a service provider’s employees from accessing sensitive or critical information or to be present at the Capitol Complex based upon results addressed from a criminal background check.

CERTIFICATION AND SIGNATURE PAGE

By signing below, I certify that I have reviewed this Solicitation in its entirety; understand the requirements, terms and conditions, and other information contained herein; that I am submitting this bid or proposal for review and consideration; that I am authorized by the bidder to execute this bid or any documents related thereto on bidder’s behalf; that I am authorized to bind the bidder in a contractual relationship; and that to the best of my knowledge, the bidder has properly registered with any State agency that may require registration.

(Company)

(Representative Name, Title)

(Contact Phone/Fax Number/Email address)

(Date)

TPK2700000004ARFP

SECTION 4: MANDATORY SPECIFICATIONS

4.1 All requirements in this section are evaluated on a pass/fail basis. Failure to meet any requirement will result in disqualification. Vendor shall respond by requirement number, state the actual configuration or performance offered, and cite the supporting document and page.

4.1.1 Complete New Unit. Furnish one (1) new, unused, current-model-year or newer truck and mounted combination jet/vacuum equipment, fully integrated and ready for its intended use. Identify the manufacturer, model, and model year of the chassis and mounted equipment. The chassis cab finish shall be white.

4.1.2 Single-Engine Operation. The chassis engine shall power the truck and the mounted cleaning equipment. The unit shall support simultaneous jetting and vacuum operation.

Vendor shall document available simultaneous operating performance and any limitations.

A separate auxiliary engine for the mounted equipment is not acceptable.

4.1.3 Chassis and Mounting. Chassis, axles, suspension, tires, wheels, and mounting structure shall be rated for the completed unit and its intended operating loads. The mounting system shall accommodate chassis movement and distribute equipment loads in accordance with manufacturer requirements. Provide GVWR, GAWR, estimated completed empty weight, available payload, axle-loading information, and loading limitations for water and debris.

Final certified weight information shall be furnished at delivery.

4.1.4 Debris Body Capacity. The debris body shall have a minimum manufacturer-rated capacity of fifteen (15) cubic yards. Vendor shall provide manufacturer documentation verifying the debris body capacity of the exact unit offered.

4.1.5 Debris Body Construction. The debris body shall be constructed for abrasive, corrosive wet-debris service.

4.1.6 Dumping and Rear Door Safety. Provide hydraulic debris-body dumping, a hydraulically operated rear door with positive locking, a replaceable door seal, and mechanical body and door supports for service. The body pivot shall remain fixed to its mounting structure during dumping. Controls and support engagement shall allow the operator to remain clear of the door swing and discharge areas.

4.1.7 Vacuum Protection. Provide an automatic high-level shutoff to protect the air mover from liquid carryover, debris separation upstream of the air mover, and an operator-controlled vacuum relief system. Identify the protective devices and describe their operation and maintenance access.

4.1.8 Fresh-Water Capacity. Provide a minimum total fresh-water capacity of 1,500 U.S.

gallons. Vendor shall furnish certification of metered capacity at delivery.

4.1.9 Water Fill and Drain. Provide a protected anti-siphon fill connection, at least 25 feet of hydrant fill hose with fittings, a water-level indicator, inlet strainers, and means to drain the fresh-water and high-pressure systems. Identify the supplied backflow protection and winterization procedure.

4.1.10 Jetting Pump. Provide a high-pressure water pump suitable for continuous-duty culvert cleaning operations. Vendor shall identify the manufacturer, model, maximum rated flow (GPM), operating pressure (PSI), and actual flow and pressure available through the supplied hose and nozzle configuration. Provide adjustable water flow, pressure indication, and pressure relief protection. Vendor shall document continuous-duty operating conditions and engine speed.

4.1.11 Vacuum Boom and Tubes. Provide a hydraulically positioned front-operating vacuum boom suitable for the intended cleaning operations. Vendor shall identify the boom's reach, extension capabilities, rotation range, tube diameter, and supplied vacuum tubes and accessories.

4.1.12 Operating and Emergency Controls. Provide controls for jetting, vacuum, boom, and hose-reel functions at the operating station; emergency stops at each operating interface;

protection against unintended simultaneous control from multiple stations; and an alarm indicating the debris body is not stowed. Emergency stops shall stop hazardous powered functions and relieve intake vacuum without relying on the operator reaching the cab.

4.1.13 Road and Worksite Safety. The completed unit shall comply with applicable road-use lighting and vehicle safety requirements. Provide a rear backup camera, work lights at the operating station, boom and rear door, a rear LED directional arrowboard, and a mounted fire extinguisher.

4.1.14 Complete Cleaning Package. Include compatible sand, sanitary, and penetrating jetting nozzles; an adjustable washdown gun and connections; nozzle and tool storage; and the equipment necessary to operate the proposed unit. Identify quantities, ratings, and applications of the supplied accessories.

4.1.15 Jetting Hose and Reel. Provide a powered primary jetting hose reel with high-pressure hose suitable for the proposed water system. Vendor shall identify the hose manufacturer, diameter, length, pressure rating, hose reel capacity, and operating features. The supplied hose and reel shall be compatible with the proposed jetting pump and intended cleaning operations.

Failure to comply with any Mandatory Requirements will result in proposal disqualification.

SECTION 5: VENDOR PROPOSAL

5.1. Proposal Format: Vendors shall submit a Technical Proposal describing the equipment offered and addressing the evaluation criteria below. Proposals shall include supporting manufacturer documentation and identify all equipment, features, and services included in the proposed price.

Separately priced optional equipment will not be considered for evaluation. Pricing shall be submitted separately in the Cost Proposal.

5.1.1. Cover Letter and Mandatory Requirements. Vendor shall provide company contact information, the manufacturer and model of the equipment offered, documentation demonstrating compliance with each Section 4 mandatory requirement, signed Agency terms and conditions, and acknowledgment of all addenda.

5.1.2. Vacuum and Cleaning Performance. Vendor shall describe the proposed vacuum and jetting systems, including debris pickup capability, effective suction performance, continuous jetting capacity, simultaneous jet/vac operation, boom reach and movement, hose handling, and included nozzles and accessories. Provide supporting performance data and identify operating limitations.

5.1.3. Truck Configuration and Usable Capacity. Vendor shall identify the proposed chassis and equipment configuration, debris and water capacities, unloading capabilities, and applicable vehicle and axle ratings. Provide documentation demonstrating usable water/debris loading combinations, weight distribution, maneuverability, and overall equipment suitability.

5.1.4. Operation, Safety, and Maintenance. Vendor shall describe the unit's operating controls, visibility, safety systems, maintenance accessibility, cleaning procedures, and winterization capabilities. Identify features that improve operator safety, ease of operation, and maintenance efficiency.

5.1.5. Service Support and Parts Availability. Vendor shall identify available authorized repair facilities, mobile service capabilities, service response commitments, repair coordination procedures, and replacement parts availability. Include service locations, contact information, and applicable support arrangements.

5.1.6. Warranty Coverage. Vendor shall provide manufacturer warranty documentation identifying coverage periods, applicable limitations, exclusions, and responsibilities for repair costs, labor, travel, and transportation. Identify any additional warranty coverage included in the proposed price.

5.1.7. Training and Documentation. Vendor shall describe the operator and maintenance training provided, including location, duration, topics covered, and follow-up support.

Identify all operating, maintenance, service, and parts manuals included with the equipment.

5.1.8. Delivery Schedule. Vendor shall provide a firm delivery commitment in calendar days after receipt of purchase order for a complete, operational unit delivered to WVPA's designated Beckley facility. Identify anticipated production or upfitting schedules and any conditions affecting delivery. The proposed delivery commitment shall become a contractual obligation upon award.

5.1.9. Technical Proposal Certification. Vendor shall provide a signed certification confirming that the proposed equipment meets all mandatory requirements, all equipment and services offered for evaluation are included in the total delivered price, and the representative is authorized to submit the proposal on behalf of the Vendor.

5.2. Multiple Proposals. Vendors may submit multiple proposals offering different equipment models or configurations. Each proposal shall be complete and independently evaluable, including all required technical documentation and a separate Cost Proposal. Each configuration shall be assigned a unique identifier, such as “Configuration 1” or “Configuration 2,” which shall appear on its corresponding Technical Proposal and Cost Proposal envelopes. All configurations submitted by the same Vendor shall be delivered together in a single sealed outer package clearly labeled with the Vendor’s name, solicitation number, and “Multiple Configurations Enclosed.”

Within that package, each configuration’s separately sealed Technical Proposal and Cost Proposal envelopes shall be securely grouped together and clearly identified to prevent separation or mismatching. Each configuration shall be evaluated individually in accordance with this RFP.

SECTION 6: EVALUATION AND AWARD

6.1. Mandatory Review and Evaluation. WVPA will evaluate proposals using a Best-Value methodology. All Section 4 mandatory requirements shall be evaluated on a pass/fail basis. Proposals failing any mandatory requirement will be disqualified. Eligible proposals will be evaluated based on technical merit, delivery, and price in accordance with the criteria below:

Evaluation Point Allocation:

Vacuum and Cleaning Performance 20 Points Possible Truck Configuration and Usable Capacity 15 Points Possible Operation, Safety, and Maintenance 10 Points Possible Service Support and Parts Availability 10 Points Possible Warranty Coverage 5 Points Possible Training and Documentation 3 Points Possible Delivery Schedule 2 Points Possible Local WV Vendor Preference 5 Points Possible Total Delivered Price 30 Points Possible

Total Proposal Score: 100 Points Possible

6.2 Technical Rating Method. Each technical evaluation item shall receive a rating from zero (0) to five (5), using the following scale: 0 – Unsatisfactory; 1 – Poor; 2 – Fair; 3 – Acceptable; 4 – Very Good; 5 – Excellent. Points shall be calculated by dividing the assigned rating by five (5) and multiplying by the item's maximum available points. Ratings shall reflect documented performance, capabilities, and benefits to WVPA. Meeting mandatory requirements alone does not justify an above-acceptable rating.

6.3 Delivery Schedule — 2 Points. Delivery shall be evaluated based on the proposed delivery timeframe using the scoring formula provided in Attachment A – Committee Consensus Scoring Sheet. Vendors shall identify the number of calendar days required for delivery following receipt of an approved purchase order.

6.4 Evaluation Committee and Documentation. Committee members shall independently review the eligible technical proposals and document their preliminary ratings, strengths, weaknesses, and supporting proposal references. Following deliberations, the committee shall record its agreed ratings and supporting findings on Attachment A – Committee Consensus Scoring Sheet. The documented consensus scores, rather than an average of individual ratings, shall determine the final technical evaluation score. The same feature or benefit shall not receive duplicate credit under multiple evaluation criteria.

6.5 Total Score and Contract Award. The final proposal score shall consist of technical evaluation points (maximum 65), Local West Virginia Vendor Preference points (maximum 5), and price points (maximum 30), for a total of 100 possible points. Award shall be made to the responsive and responsible Vendor receiving the highest total score. In the event of a tie, the higher technical evaluation score shall prevail, followed by the lower evaluated price. Any remaining tie shall be resolved under applicable WVPA purchasing procedures.

6.6 Delivery Inspection and Acceptance. WVPA shall inspect and verify the delivered unit for compliance with Section 4 and the successful Vendor's proposed equipment, performance, and service commitments. Vendor shall demonstrate required equipment functions and provide applicable manufacturer documentation, certifications, manuals, warranties, and title information.

Any deficiencies shall be corrected at Vendor's expense before final acceptance and payment.

6.7 Local West Virginia Vendor Preference: In accordance with the evaluation criteria in this Request for Proposal (RFP), the WVPA will award five (5) points to vendors that qualify as a Local Vendor.

6.8 A Local Vendor is defined as a vendor that meets all the following requirements:

6.8.1 Maintains a physical office, warehouse, service center, or place of business located within the State of West Virginia and is currently conducting business from that location; and is duly registered and in good standing with all applicable West Virginia state agencies, including but not limited to:

West Virginia Secretary of State West Virginia State Tax Department

6.8.2 Provides evidence of its West Virginia location and operations as part of its proposal submission. Acceptable documentation includes, but is not limited to:

A valid West Virginia business license Physical address and contact information of the West Virginia location Description of services offered or maintained at the West Virginia location

6.8.3 Vendors Claiming local vendor status must clearly indicate this in their technical proposal and must include supporting documentation at the time of the proposal submission. Failure to provide adequate documentation will result in the vendor not receiving local vendor preference points.

The WVPA reserves the right to verify local vendor information and may disqualify or adjust point allocation if the information is found to be inaccurate, misleading or incomplete.

6.9 Cost Bid Opening: The WVPA will open the cost proposals after the technical evaluation has been completed, and the WVPA Purchasing Division has approved the technical recommendation of the evaluation committee. All cost bids received will be opened. Cost bids for disqualified proposals will be opened for record keeping purposes only and will not be evaluated or considered. Once opened, the cost proposals will be provided to the Agency evaluation committee for cost evaluation.

The WVPA reserves the right to disqualify a proposal based upon deficiencies in the technical proposal even after the cost evaluation.

6.10 Cost Evaluation: The WVPA evaluation committee will review the cost proposals, assign points in accordance with the cost evaluation formula contained herein and make a final recommendation to the Purchasing Division.

6.11 Availability of Information: Proposal submissions become public and are available for review immediately after opening pursuant to West Virginia Code §5A-3-11. All other information associated with the RFP, including but not limited to technical scores and reasons for disqualification, will not be available until after the contract has been awarded pursuant to West Virginia Code of State Rules §148-1-6.3.d.

6.12 Upon delivery, the WVPA will perform a complete inspection of the unit to assure that it meets the WVPA’s specifications. Final processing for payment may not be initiated until the unit is certified to meet specifications and the operator’s, service, shop, maintenance, and parts manuals and the application for Certificates of Title are received.

6.13 The Authority reserves the right to verify compliance with all requirements, request clarifications, and reject any proposal that fails to meet Mandatory Requirements or contains materially false or misleading information. Award will be made to the responsible proposer whose proposal represents the best overall value to the Authority.

6.14 Cost Evaluation Formula: Each…