Exhibit E - State of WV & WVU Requirements.pdf

RFP202590000636 State of West Virginia and West Virginia University Requirements

Exhibit F

I. Requirements

a. The following shall serve as the standard required documentation pertaining to Construction proposals for West Virginia University. The Design/Build Team and any/all of its subcontractors or subconsultants are responsible for and shall be in compliance with all applicable codes, rules, and policies enforced by the State of West Virginia, local jurisdictions, and the agency. The Agreement or Contract shall be governed by the laws of the State of West Virginia and only West Virginia courts shall have jurisdiction over any action or proceeding related to the solicitation or any subsequent Agreement or Contract.

b. Items to be submitted with Solicitation Response:

City of Morgantown Contractor’s License (if working within city limits) ......... (One Page) Contractor Safety Evaluation Pre-Qualification Questionnaire ..................... (Three Pages) o Required for all on-site subcontractors or subconsultants ....................... (Three Pages) State of West Virginia Drug Free Workplace Conformance Affidavit ............... (One Page) State of West Virginia Contractor’s License ....................................................... (One Page) State of West Virginia Purchasing Affidavit ....................................................... (One Page)

c. Items to be submitted with Notice of Intent to Award:

Certificate of Liability Insurance......................................................................... (One Page) Certificate of Property Insurance......................................................................... (One Page) Contractual Documents ............................................................................................ (Varies) Disclosure of Interested Parties to Contracts .................................................... (Two Pages) Independent Contractor Determination Form (if applicable) ........................... (Four Pages) Labor and Material Payment Bond................................................................. (Three Pages) Maintenance Bond (if applicable) .................................................................. (Three Pages) Performance Bond .......................................................................................... (Three Pages) Storm Water Notification .................................................................................... (One Page) Subcontractor List .................................................................................................... (Varies)

II. Submittals for Contract

West Virginia University retains the right to reject a submission as non-responsive if Proposer fails to include any of the following at requested or required time.

a. Contractor’s License – West Virginia Code § 21-11-2 requires that all persons desiring to perform construction work in West Virginia must be duly licensed. The West Virginia Contractors Licensing Board is empowered to issue the contractor's license. Application for a contractor's license may be made by contacting the West Virginia Division of Labor.

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i. West Virginia Code § 21-11-11 requires any prospective Contractor to include the contractor's license number on their response. The successful Bidder will be required to furnish a copy of their contractor's license prior to issuance of a Purchase Order/Contract.

ii. It shall be the General Contractor's responsibility to ensure that all subcontractors are duly licensed to perform work with the State of West Virginia and the appropriate city, if applicable.

b. Purchasing Affidavit – Proposer must submit the State of West Virginia Purchasing Affidavit, which shall be provided with the Solicitation submission, attesting to the Proposers’ compliance with the information stated thereon.

c. Drug Free Workplace Affidavit – West Virginia Code § 21-1D-5 requires that Proposer must submit the West Virginia Drug Free Conformance Affidavit, which shall be provided with the Solicitation submission, attesting to the Proposers’ compliance with the information stated thereon.

d. Certified Drug-Free Workplace Report Coversheet – West Virginia Code § 21-1D-7b requires that Proposer must submit a certified report to the public authority which let the contract no less than once a year, or upon completion of the project.

e. Subcontractor/Subconsultant List – West Virginia State Code West Virginia Code §5- 22-1 requires the apparent low bidder on a contract valued at more than Two Hundred and Fifty Thousand Dollars ($250,000) shall submit a list of all subcontractors or subconsultants who will perform more than Twenty-Five Thousand Dollars ($25,000) of work on the project, including labor and materials. This information shall be provided within one business day of notification of award for review prior to the awarding of a contract. Failure to submit the subcontractor list within one business day after the deadline may result in disqualification of the response. The list shall include the names of the subcontractors/subconsultants and the license numbers.

i. The Owner wishes to receive all subcontractor/subconsultants with this work.

o. Performance, Labor and Material Payment, and Maintenance Bonds – The successful Proposer will be required to furnish, at the Proposer's expense, a Performance Bond and a Labor and Material Payment Bond for One Hundred Percent (100%) of the contract award and, if applicable, a two (2)-year roofing Maintenance Bond for the full value of the roofing system. Bonds must be executed by a company licensed to transact surety insurance in the State of West Virginia. Bonds shall be written on the State of West Virginia approved forms found with the Solicitation. No other form of bonds will be accepted by West Virginia University.

p. Proof of West Virginia Worker’s Compensation Coverage - The successful Proposer shall be in compliance with all rules and regulations of the State of West Virginia Workers' Compensation Fund and have all premiums paid and reports filed currently. The successful Proposer will be required to furnish a copy of their proof of coverage prior to execution of any Contract.

q. Certificate of Insurance (COI) – [ACORD form is acceptable] and copy of additional insured endorsement. Proposer, at its own expense, shall procure and maintain for the duration of the work insurance requirements as required by the Contract Documents.

Proposer shall provide such other insurance as may be required by law. West Virginia University shall be named as an additional insured on all liability policies. Proposer shall provide a certificate of insurance confirming the minimum coverage limits specified in the Contract Documents and documenting additional insured status for West Virginia University under each liability policy. All policies shall provide a minimum of Thirty

(30) calendar day’s written notice prior to cancellation.

r. Wage Bond – If Contractor has been in business less than five years, a wage bond must be provided to the Owner and/or the WV DOL.

s. West Virginia Jobs Act – West Virginia Code § 21-1C requires employers contracted to perform construction work on state funded public improvement projects, which equal or exceed $500,000.00 in cost, to hire 75% of their workers from the local labor market.

The local labor market is defined as including every county within the State of West Virginia as well as any county outside of West Virginia, if any portion of that county is within 50 miles of the state border.

t. Experience Modification Rate (EMR) – All contractors, subcontractors, and subconsultants (if applicable) are required to have an Experience Modification Rate (EMR) of less than or equal to 1.20 at the time of submission. This requirement applies to all contractors and consultants working on-site. The West Virginia EMR shall be used to meet this requirement. If the contractor does not have an EMR in West Virginia, then the EMR from the contractor’s state shall be used. All contractors are to complete the Contractor Safety Evaluation Pre- Qualification Questionnaire regardless of EMR rating and should be submitted with their response. If EMR is greater than 1.00 but less than 1.20, the University reserves the right to reject; an EMR rating greater than 1.20 will not be considered.

u. Disclosure of Interested Parties – Pursuant to West Virginia Code, Chapter 6D, Article 1, West Virginia University may not enter into a contract, or a series of related contracts, that has/have an actual or estimated value of One Hundred Thousand Dollars ($100,000) or more until the business entity submits a Disclosure of Interested Parties to the applicable contract. In addition, the business entity awarded a contract is obligated to submit a supplemental Disclosure of Interested Parties reflecting any new or differing interested parties to the contract within 30 days following the completion or termination of the applicable contract.

v. Notice of Intent to Award (NITA) – West Virginia University shall notify the apparent successful Proposer that upon satisfactory compliance with all conditions precedent for execution of the Contract, within the time specified, the Proposer shall be awarded the Contract. West Virginia University reserves the right to rescind any Notice of Intent to

Award if West Virginia University determines it issued the Notice of Intent to Award in error, or if the conditions precedent for execution of Contract set forth in are not met.

w. Time of Delivery for Contract and Supporting Documentation - The successful Proposer shall deliver the required bonds and all other Contract Documents, including but not necessarily limited to, Certificates of Insurance and Contractor’s Licenses, within fifteen (15) consecutive calendar days after receipt of the notice of intent to award a contract. Failure to do so may cause:

i. forfeiture of the Proposer’s security deposited with the submission as liquidated damages, not a penalty, or

ii. reduction of contract performance time proportionate to the additional time for Proposer to fully comply with this section.

i. Notice to Proceed (NTP) – Work shall begin per the execution of the Contract Documents, Issuance of a Purchase Order, or by separate Notice to Proceed to the Contractor, which establishes the date for commencement and the calendar days allocated or actual calendar day for Contract Completion. Any Work performed or any materials contracted for prior to receipt of West Virginia University’s Notice to Proceed shall be at the Proposer’s absolute and sole risk.