Project Manual.pdf

PSC - Library Boiler Replacement

RFB202690000713

Document – Instructions to Bidders - Construction Services

Addendum

The Bidder shall submit its Bid to the University at the website so indicated herein (Mountaineer Marketplace) and at the time as indicated in this solicitation.

The Bidder is fully responsible for timely delivery via the designated website for submission of Bids. Bids received after this date and time will not receive consideration. Oral, telephonic, facsimile, telegraphic Bids, or Bids sent via US Postal Service, or any overnight or other delivery service are invalid and will not receive consideration. No exceptions are permitted.

Bidders are hereby notified there will not be a public opening and Bids are not to be received via sealed envelope. Bids must be submitted via the referenced website unless other arrangements are approved in writing by the Procurement Official.

The instructions contained in this Addendum shall supersede any conflicting directions contained within other sections of the Instructions to Bidders.

Table of Contents

Title Page Project Personnel & Emergency Notifications Table of Contents

Section One – Instructions to Bidders and Bidding Documents

Instructions to Bidders Bid Bond and Bid Bond Instructions Contractor Safety Evaluation Pre-Qualification Questionnaire Subcontractor Table Disclosure of Interested Parties State of WV Purchasing Affidavit Maintenance Bond Performance Bond Labor and Material Payment Bond

Section Two – Contract Documents

ConsensusDocs 200 Standard Agreement and General Conditions Between Owner and Constructor, Revised 2021 ConsensusDocs 202 Change Order, Revised 2011 ConsensusDocs 203 Interim Directive, Revised 2018 West Virginia University Application and Certificate for Payment West Virginia University Schedule of Values ConsensusDocs 280 Certificate of Substantial Completion, Revised 2011 Certified Drug-Free Workplace Report Coversheet State of WV Drug Free Workplace Conformance Affidavit ACORD Certificate of Insurance, Example Form

Section Three – Informational Checklist

Informational Checklist for Bid Submission

Section Four – Specifications and Drawings

Specifications and Drawings provided by xxx ................................................................................x

Table of Contents

Project Personnel and Emergency Notification

Project Personnel:

OWNER

WVU PROJECT MANAGER

WVU PROCURMENT OFFICER

DESIGN PROFESSIONAL

West Virginia University Board of Governors West Virginia University Facilities Management, Construction Services PO Box 6572 Morgantown, WV 26506

Paul Whiteman Planning Design and Construction 975 Rawley Lane Morgantown, WV 26506

Kaison Ball, Category Manager, Construction Services West Virginia University Procurement, Contracting & Payment Services

West Virginia University

EMERGENCY NOTIFICATION

Facilities management 304-293-6481 or 304-293-4357

Environmental Health & Safety 304-293-3792

Office of Public Safety 304-293-3136 mailto:Ajames7@mail.wvu.edu mailto:Keith.bayles@mail.wvu.edu

Instructions to Bidders – Construction Services

Document – Instructions to Bidders – Construction Services www.wvu.edu e: pcps@mail.wvu.edu v: 304.293.5711 f: 304.293.8152

Table of Contents

Table of Contents

Article I. DEFINITIONS

Section 1. General Definitions

Article II. JURISDICTION

Section 1. Applicable Law and Forum

Article III. BIDDING PROCEDURES

Section 1. Examination of Contract Documents and the Site

Section 2. Pre-Bid Meeting

Section 3. Request for Interpretation/Addenda

Section 4. Substitutions Prior to Bid Opening

Section 5. Bid Form

Section 6. Allowances

Section 7. Unit Prices

Section 8. Alternates

Section 9. Submittals with Bid Form

Section 10. Changes in the Bid Amount

Article IV. BID OPENING AND EVALUATION

Section 1. Delivery of Bid

Section 2. Bid Opening

Section 3. Bid Opening Extension

Section 4. Bid Evaluation Criteria

Section 5. Bid Evaluation Procedure

Section 6. Rejection of Bid

Section 7. Notice of Intent to Award

Article V. WITHDRAWAL OF BID

Section 1. Withdrawal prior to Bid Opening

Section 2. Late Bids, Late Withdrawals, and Late Modifications 20

Modified April 2021

West Virginia University Procurement, Contracting & Payment Services PO Box 6024 ∆Morgantown, WV 26506-6024

Modified April 2021 Instructions to Bidders – Construction Services

Document – Instructions to Bidders – Construction Services www.wvu.edu e: pcps@mail.wvu.edu v: 304.293.5711 f: 304.293.8152

Section 3. Mistakes

Section 4. Refusal to Accept Withdrawal

Section 5. Refusal to Perform

Section 6. Effect of Withdrawal

Article VI. BID GUARANTY AND CONTRACT BOND

Section 1. Bid Guaranty

Section 2. Bond Forfeiture

Section 3. Contract Bond

Article VII. CONTRACT AWARD AND EXECUTION

Section 1. Conditions Precedent for Execution of Contract

Section 2. Time Limits

Section 3. Notice to Proceed

Section4. Wage Rates

Article VIII. APPENDIX

Sample Bid Bond

Sample Purchasing Affidavit

Sample West Virginia University Alcohol and Drug-Free Workplace Act Affidavit

West Virginia University

Document – Instructions to Bidders – Construction Services www.wvu.edu e: pcps@mail.wvu.edu v: 304.293.5711 f: 304.293.8152

Modified April 2021 Instructions to Bidders – Construction Services

Article I. DEFINITIONS

Section 1. General Definitions

I.1.1 Request for Bid Solicitation shall be defined as an official request issued by Procurement, Contracts and Payment Services requesting competitive bids pursuant to Chapter 18B of the West Virginia State Code to provide materials, equipment, services or other project related work specifically defined in and under the terms and conditions as stated in such Request for Bid Solicitation.

I.1.2 Bidding Documents include the Bidding Requirements and the proposed Contract Documents.

The Bidding Requirements consist of the Advertisement or Request For Bid, Instructions to Bidders, the bid form, and other sample bidding and contract forms. The proposed Contract Documents consist of the form of Agreement between the Owner and Contractor, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications and all Addenda issued prior to execution of the Contract.

I.1.3 Definitions set forth in the General Conditions of the Contract for Construction, AIA Document A201, or in other Contract Documents which are specifically referenced in the Request for Bid Solicitation are applicable to the Bidding Documents.

I.1.4 Addenda are written or graphic instruments issued by the Architect or West Virginia University prior to the execution of the Contract which modify or interpret the Bidding Documents by additions, deletions, clarifications or corrections.

I.1.5 A Bid is a complete and properly executed proposal to do the Work for the sums stipulated therein, submitted in accordance with the Bidding Documents.

I.1.6 The Base Bid is the sum stated in the Bid for which the Bidder offers to perform the Work described in the Bidding Documents as the base, to which Work may be added or from which Work may be deleted for sums stated in Alternate Bids.

I.1.7 An Alternate Bid (or Alternate) is an amount stated in the Bid to be added to or deducted from the amount of the Base Bid if the corresponding change in the Work, as described in the Bidding Documents, is accepted.

ALL INFROMATION CONTAINED HEREIN IS SUBJECT TO CHANGE WITHOUT

NOTICE. FOR ALL UPDATED INSTRUCTIONS TO BIDDERS FOR CONSTRUCTION

SERVICES PLEASE GO TO PCPS WEBSITE OR CONTACT PRUCHASING,

CONTRACTS, & PAYMENT SERVICES AT WEST VIRGINIA UNIVERSITY.

West Virginia University e: pcps@mail.wvu.edu v: 304.293.5711 f: 304.293.8152

Modified April 2021 Instructions to Bidders – Construction Services

I.1.8 A Unit Price is an amount stated in the Bid as a price per unit of measurement for materials, equipment or services or a portion of the Work as described in the Bidding Documents.

I.1.9 A Bidder is a person or entity who submits a Bid and who meets the requirements set forth in the Bidding Documents.

I.1.10 Work shall be defined as all labor, materials, supplies, services, equipment, and other services required by the Bidder to fully and completely perform the project as indicated by the Contract Documents.

Article II. JURISDICTION

Section 1. Applicable Law and Forum

II.1.1 The rights of any Bidder or any party to a subsequent 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 Bid or any subsequent Contract. The Bidder irrevocably consents to such jurisdiction.

Article III. BIDDING PROCEDURES

Section 1. Examination of Contract Documents and the Site

III.1.1 Before submitting a Bid, the Bidder shall examine all Contract Documents, including, but not limited to, the Drawings, Specifications, all terms and conditions, and Addenda for all divisions of Work for the Project, noting in particular all requirements which may affect its Work in any way.

III.1.2 The successful Bidder shall be required to execute a Contract with West Virginia University for the services as described in the Request for Bid Solicitation. A sample.

Contract will be provided with the Request for Bid Solicitation or will be included in the project manual. Contract Documents do not include other documents such as

West Virginia University e: pcps@mail.wvu.edu v: 304.293.5711 f: 304.293.8152

Modified April 2021 Instructions to Bidders – Construction Services bidding requirements unless specifically identified (advertisement or Request For Bid, Instructions to Bidders, sample forms, the Contractor's bid or portions of Addenda relating to bidding requirements).

III.1.3 Federal terms and conditions may apply to projects at West Virginia University and if applicable, additional terms and conditions may apply to the Request for Bid Solicitation. Any terms and conditions that may apply will be provided with the Request for Bid Solicitation or will be included in the project manual.

III.1.4 The Bidder has read and understands the Bidding Documents or Contract Documents, to the extent that such documentation relates to the Work for which the Bid is submitted, and for other portions of the Project, if any, being bid concurrently or presently under construction.

III.1.5 The Bidder has visited the site, become familiar with local conditions under which the Work is to be performed and has correlated the Bidder's personal observations with the requirements of the proposed Contract Documents.

III.1.6 The Bidder shall include in the Bid all applicable state, federal, or local taxes which may be assessed on the Work. West Virginia University is exempt from taxation only if the materials, equipment, products, etc. are purchased directly by the University;

therefore, unless otherwise exempt, Bidder must include all applicable taxes which may be incurred by Bidder as a result of the performance of the Work. West Virginia University shall not be responsible for any such taxes or reimbursement of any costs due to the Bidder’s failure to include such amounts in the Bid. Such taxes may include but not be limited to Business and Occupation Taxes, Consumer Sales and Use Tax, or similar taxes.

III.1.7 West Virginia University is not subject to any municipal building regulations or permits; therefore, no building permit as required by such entity shall not be required.

Bidder may not include any charges for such items in the Bid.

III.1.8 The Bidder’s failure to become acquainted with the extent and nature of Work required to complete any portion of the Work in conformity with the requirements of the Contract Documents, shall not be a basis for additional compensation.

West Virginia University e: pcps@mail.wvu.edu v: 304.293.5711 f: 304.293.8152

Modified April 2021 Instructions to Bidders – Construction Services

Section 2. Pre-Bid Meeting

III.2.1 If conducted by West Virginia University, the Bidder is required to attend the pre-bid meeting, where the Architect or Engineer (“A/E”), if applicable, and West Virginia University will receive questions regarding the Contract Documents. West Virginia University reserves the right to require mandatory attendance to any pre-bid meeting held in relation to a project and no bid from any Bidder not represented at such meeting will be accepted by West Virginia University.

III.2.2 The A/E or West Virginia University shall prepare minutes of the pre-bid meeting for the Project record. If questions raised by the prospective Bidders require changes to, or clarifications of, the Contract Documents, the A/E or West Virginia University shall issue the changes by written Addendum, along with a list of pre-bid meeting attendees.

III.2.3 Additional compensation shall not be based upon the Bidder’s failure to attend the pre-bid meeting, which results in the Bidder’s incomplete knowledge and familiarity with the Project requirements.

Section 3. Request for Interpretation/Addenda

III.3.1 If the Bidder finds any perceived ambiguity, conflict, error, omission, or discrepancy within the Contract Documents, including, but not limited to, the Drawings, Specifications, and Addenda, or between any of the Contract Documents and Applicable Law, the Bidder shall submit a written Request for Interpretation (“RFI”) to the A/E or West Virginia University for an interpretation or clarification.

IV.3.1.a The Bidder is responsible for prompt delivery of the RFI.

IV.3.1.b The A/E or West Virginia University shall respond to RFIs received more than four (4) business days before the bid opening.

West Virginia University e: pcps@mail.wvu.edu v: 304.293.5711 f: 304.293.8152

Modified April 2021 Instructions to Bidders – Construction Services

III.3.2 The A/E or West Virginia University shall issue Addenda that modify or clarify the Contract Documents in response to RFIs. The Addenda will be posted to the University’s Bid Site.

III.3.3 Any interpretation, correction, or change in a Request for Bid Solicitation will be made by formal addendum by West Virginia University. Interpretations, corrections, or changes to a Request For Bid Solicitation made in any other manner will not be binding, and no Bidder may rely upon any such interpretation, correction, or change.

West Virginia University shall make available all official formal addendums when released at the following website:

https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=WVUMarketplace

III.3.4 Bidders must acknowledge the receipt of any addenda issued by West Virginia University on the Bid Form included in the Request for Bid Solicitation. If the Bidder fails to acknowledge receipt of each Addendum, then the Bid may be rejected.

III.3.5 The successful Bidder shall not be compensated for a claim alleging insufficient data, incomplete, ambiguous, conflicting, or erroneous Contract Documents or proposed Contract Documents, or assumed conditions regarding the nature, extent, or character of the Work, if the Bidder did not submit a related RFI prior to the bid opening.

III.3.6 Addenda will be issued no later than four (4) business days prior to the date for receipt of Bids except an Addendum withdrawing the request for Bids or one which includes postponement of the date for receipt of Bids.

West Virginia University e: pcps@mail.wvu.edu v: 304.293.5711 f: 304.293.8152

Modified April 2021 Instructions to Bidders – Construction Services

Section 4. Substitutions Prior to Bid Opening

III.4.1 If the Bidder proposes to use (or substitute) an article, device, material, equipment, form of construction, fixture, or item other than as indicated in the Contract Documents or Acceptable Components named in the Specifications, the Bidder shall certify that the proposed substituted item is equal in quality and all aspects of performance and appearance, to the item specified and MUST receive prior approval as specified under

III.4.2.

III.4.1.a If approval of a Substitution requires changes to the Contract Documents or affects the work of other trades, the Bidder is responsible for the additional costs.

III.4.2 Proposed Substitutions must be submitted by Bidder to West Virginia University or the A/E by the Cut Off for Question date listed in the Request for Bid Solicitation, which must include:

III.4.2.a The name and complete description of the proposed Substitution, including Drawings, performance and test data, and other information necessary for a complete evaluation; and

III.4.2.b A statement setting forth any changes that the Proposed Substitution will require in the Contract Documents or the Project.

III.4.3 If the A/E or West Virginia University approves the Proposed Substitution, the A/E or West Virginia University shall issue an Addendum.

III.4.4 If the A/E or West Virginia University does not approve the Proposed Substitution, the A/E or West Virginia University shall inform the Bidder of its decision, which is final.

The A/E or West Virginia University may reject a proposed Substitution because the Bidder failed to provide sufficient information to enable the A/E or West Virginia University to completely evaluate the Proposed Substitution without causing a delay in the scheduled bid opening.

West Virginia University e: pcps@mail.wvu.edu v: 304.293.5711 f: 304.293.8152

Modified April 2021 Instructions to Bidders – Construction Services

Section 5. Bid Form

III.5.1 Each Bid shall be submitted on the Bid Form and all Bids and other required documents must be submitted via West Virginia University's solicitation website as referenced in this solicitation, and must contain all information as provided under III.9.1.

III.5.1.a Any change, alteration, omission, or addition in the wording of the Bid Form shall cause the Bid to be rejected as non-responsive.

III.5.1.b All pages of the Bid Form shall be submitted with the Bid. Failure to do so shall cause the Bid to be rejected as non-responsive.

III.5.1.c Unless the Bidder withdraws the Bid as provided in Article V, the Bidder is required to comply with all requirements of the Contract Documents, regardless of whether the Bidder had actual knowledge of the requirements and regardless of any statement or omission made by the Bidder that might indicate a contrary intention.

III.5.2 The Bidder shall fill in all relevant blank spaces on the Bid Form by printing in ink or by typewriting, and not in pencil.

III.5.2.a The Bidder shall show all bid amounts in both words and figures. In the case of a conflict between the words and figures, the amount shown in words shall govern, where the words are not ambiguous. When the Bidder's intention and the meaning of the words are clear, omissions, or misspellings of words shall not render the words ambiguous.

III.5.2.b The Bidder shall initial alteration or erasure of items filled in on the Bid Form.

III.5.2.c All requested Alternates should be bid, if Bidder indicates “no bid” or otherwise indicates that such alternate will not be performed if requested by Bidder, West Virginia University may reject any or all portions of Bidders bid for the project.

West Virginia University e: pcps@mail.wvu.edu v: 304.293.5711 f: 304.293.8152

Modified April 2021 Instructions to Bidders – Construction Services

III.5.3 If the Bidder is a corporation, partnership or sole proprietorship, an officer, partner or principal of the Bidder shall print or type the legal name of the Bidder on the line provided, and sign the Bid Form. If the Bidder is a joint venture, an officer, partner or principal, as applicable, of each member of the joint venture shall print or type the legal name of the applicable member on the line provided, and sign the Bid Form on behalf of that member. All signatures must be original. All individuals executing the Bid Form shall be authorized to bind the entity on behalf of the Bidder.

Section 6. Allowances

III.6.1 If Allowances are provided on the Bid Form, the amount of each Allowance shall be included in the Base Bid amount. Allowances shall be used solely for the purpose of determining the adjustment to the Contract Sum for the difference between the amount of the Allowance and the actual cost of the related Work provided.

Section 7. Unit Prices

III.7.1 If Unit Prices are requested on the Bid Form, the amount of the scheduled quantities identified on the Bid Form shall be included in the Base Bid amount. Unit prices shall be used solely for the purpose of determining the adjustment to the Contract Sum for the difference between the estimated quantities on the Bid Form and the actual quantities provided.

III.7.2 Unit Prices shall include all materials, equipment, labor, delivery, installation, overhead, profit, and any other cost or expense, in connection with, or incidental to, the performance of that portion of the Work. The Bidder shall submit Unit Prices for all items listed.

West Virginia University e: pcps@mail.wvu.edu v: 304.293.5711 f: 304.293.8152

Instructions to Bidders – Construction Services

Modified April 2021

Section 8. Alternates

III.8.1 If an Alternate is listed on the Bid Form, the Bidder shall fill in the applicable blank with an increased or decreased bid amount and indicate which by circling the word “ADD” or the word “DEDUCT” as applicable. West Virginia University reserves the right to accept or reject any or all bid amounts for Alternates, in whole or in part, and in any order.

III.8.1.a If no change in the bid amount is required, indicate "No Change" or “$0.”

III.8.1.b Failure to make an entry or an entry of "No Bid,” “N/A," or similar entry on any Alternate shall cause the Bid to be rejected as non-responsive if that Alternate is selected.

III.8.1.c Any statement of an amount for an alternate which has not been identified by circling the word ADD or DEDUCT, as applicable, shall be considered an ADD.

III.8.1.d If an Alternate is not selected, an entry as listed in III.8.1.b on that Alternate shall not, by itself, render a Bid non-responsive.

Section 9. Submittals with Bid Form

III.9.1 West Virginia University shall reject a Bid as non-responsive if the Bidder fails to submit the following with the Bid Form in compliance with Article III, Section 5:

III.9.1.a Each Bid shall be accompanied by a Bid Guaranty that meets the requirements of VI.1 below.

III.9.1.b 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

West Virginia University e: pcps@mail.wvu.edu v: 304.293.5711 f: 304.293.8152

Modified April 2021 Instructions to Bidders – Construction Services empowered to issue the contractor's license. Application for a contractor's license may be made by contacting the West Virginia Division of Labor, Building 6, Room B749, State Capitol Complex, Charleston, West Virginia, 25305. Telephone: (304) 558-7890.

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

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

III.9.1.c Bidder must submit with the Bid Form the West Virginia University Purchasing Affidavit, which shall be provided with the Request for Bid Solicitation, attesting to the Bidder’s compliance with the information stated thereon. A sample of this document has been provided in the Appendix below. (see sample Purchasing Affidavit)

III.9.1.d Bidder must submit with the Bid Form the West Virginia University Alcohol and Drug-Free Workplace Affidavit, which shall be provided with the Request for Bid Solicitation, attesting to the Bidder’s compliance with the information stated thereon. A sample of this document has been provided in the Appendix below. (see sample Alcohol and Drug-Free Workplace Affidavit) Only for bids exceeding One Hundred Thousand Dollars ($100,000.00).

III.9.1.e Bid Breakdown – Bidder shall provide a breakdown of their base bid on the form provided. The form is form informational purposes and the Owner’s analysis of the bid.

III.9.1.f West Virginia State Code West Virginia Code §5-22-1 requires the apparent low bidder on a contract valued at more than $250,000 for the construction, alteration, decoration, painting or improvement of a new or existing building or structure shall submit a list of all subcontractors who will perform more than $25,000 of work on the project including labor and materials. This information shall be provided to the Procurement, Contracting and Payment Services within one business day of notification of award for review prior to the awarding of a construction contract. Failure to submit the subcontractor list within one business day after the deadline for submitting bids may result

West Virginia University e: pcps@mail.wvu.edu v: 304.293.5711 f: 304.293.8152

Modified April 2021 Instructions to Bidders – Construction Services in disqualification of the bid. The list shall include the names of the bidders and the West Virginia State Contractors license numbers.

III.9.2 If the apparent low Bidder does not submit a valid Power of Attorney of the agent signing for the Surety with its Bid, West Virginia University shall direct the apparent low Bidder to deliver a valid and appropriate Power of Attorney to West Virginia University within a period determined by West Virginia University. West Virginia University shall not enter into a Contract without a valid Power of Attorney.

III.9.3 West Virginia University reserves the right to request Pre-Qualification information from prospective Bidders. If applicable, West Virginia University shall notify Bidders of the results of such Pre-Qualification prior to the Bid date and such Request for Bid Solicitation shall be limited to those Bidder’s who have met or exceeded the Pre- Qualification requirements and have been determined by West Virginia University to be a responsible Bidder.

Section 10. Changes in the Bid Amount

III.10.1 Any change to a previously submitted Bid shall be in writing and received by West Virginia University before the time scheduled for the bid submission.

III.10.2 Changes shall provide an amount to be added to, or subtracted from, the bid amount, so that the final bid amount may be determined upon bid submission.

III.10.3 If the Bidder's written instruction to change the Bid Amount, provided under III.10.1, reveals the bid amount in any way prior to the bid submission, West Virginia University may, in its sole discretion, reject the Bid as non-responsive.

III.10.4 No modification, withdrawal or cancellation shall be allowed during the stipulated time period of sixty (60) calendar days or otherwise agreed upon by the parties following the time and date designated for the receipt of Bids, and each Bidder so agrees in submitting a Bid. If Bidder withdraws or otherwise terminates his performance the Bidder may not do so without forfeiture of Bid Security, not as a penalty, but as liquidated damages.

West Virginia University e: pcps@mail.wvu.edu v: 304.293.5711 f: 304.293.8152

Modified April 2021 Instructions to Bidders – Construction Services

Article IV. BID SUBMISSION AND EVALUATION

Section 1. Delivery of Bid

IV.1.1 The Bidder shall submit its Bid electronically to https://bids.sciquest.com/ apps/Router/PublicEvent?CustomerOrg=WVUMarketplace prior to the time scheduled for the bid submission. Anyone needing assistance may contact the Procurement Officer assigned to the solicitation or pcps@mail.wvu.edu, but most do so at a minimum of thirty (30) minutes prior to the close date and time.

IV.1.2 The link above will open the WVU Public Bid Site where training materials are receipt of Bids. Bids received after this date and time will not receive consideration.

Oral, telephonic, facsimile, or telegraphic Bids are invalid and will not receive consideration. No exceptions are permitted.

IV.1.5 Any and all costs incurred by the Bidder in preparation of a response to the Request for Bid Solicitation or for presentation of credentials are the responsibility of the Bidder and will not be reimbursed. All responses and documentation submitted by the Bidder become the property of West Virginia University at the time the documents are submitted in response to a Request for Bid Solicitation.

IV.1.3 All bids must be delivered on the due date identified in the Request for Bid Solicitation.

IV.1.4 The Bidder is fully responsible for timely delivery at the location designated for are available. Is it suggested these materials are reviewed prior to the due date and time.

West Virginia University

Document – Instructions to Bidders – Construction Services www.wvu.edu e: pcps@mail.wvu.edu v: 304.293.5711 f: 304.293.8152

Section 2. Bid Opening

IV.2.1 Bids shall be received at the location designated in IV.1.1 until the time stated and the tabulation made public within 72 hours (3 days) unless it is determined by the Owner that clarifications must take place.

IV.2.2 The contents of the bid are public records and open for inspection, upon request, at any time after the bid submission. Ownership of all data, materials, and documentation originated and prepared for WVU pursuant to the Request For Bid Solicitation shall belong exclusively to West Virginia University and be subject to public inspection in accordance with the West Virginia Freedom of Information Act.

Trade secrets or proprietary information submitted by a Bidder shall not be subject to public disclosure under the West Virginia Freedom of Information Act; however, the Bidder must invoke the protections of Article 1, Chapter 29B of the Code of West Virginia in writing, either before or at the time the data or material is submitted. The proprietary or trade secret material submitted must be identified by some distinct method such as highlighting or underlining and must indicate only the specific words, figures, or paragraphs that constitute trade secrets or proprietary information.

Section 3. Bid Extension

IV.3.1 If an Addendum is issued without giving all Bidders four (4) business days prior to the published time for the bid submission, excluding Saturdays, Sundays and legal holidays, the bid submission shall be extended to at least meet such requirement assuming the Addendum is material to the bid. In the event the Addendum is not material to the bid (e.g., clarification on a required document), the bid opening may or may not be adjusted per the Procurement Officer's discretion.

West Virginia University

Document – Instructions to Bidders – Construction Services www.wvu.edu e: pcps@mail.wvu.edu v: 304.293.5711 f: 304.293.8152

Section 4. Bid Evaluation Criteria

IV.4.1 West Virginia University reserves the right to accept or reject any or all Bids, in whole or in part, and reserves the right to award the Contract to any remaining Bidder West Virginia University determines, in its sole discretion, to have submitted the lowest responsive and responsible Bid.

IV.4.2 West Virginia University reserves the right to accept or reject any or all Alternates.

Alternates may be accepted or rejected in any order.

IV.4.3 If any Bidder has engaged in collusive bidding, West Virginia University shall reject that Bidder’s Bid as non-responsible for the Contract. A collusive bidder may also be debarred from future State Contracts.

IV.4.4 Bidder affirms that to the best of its knowledge, there exists no actual or potential conflict of interest between Bidder business or financial interests, and its services under any Contract issued pursuant to this Request for Bid Solicitation, and in the event of change in either its private interests or service under the Contract, Bidder will inform West Virginia University regarding possible conflict of interest which may arise as a result of such change. Bidder also affirms that there exists no actual or potential conflict between West Virginia University’s employees and Bidder.

IV.4.5 West Virginia University reserves the right to waive, or to allow any Bidder a reasonable opportunity to cure a minor irregularity or technical deficiency in a Bid, provided the irregularity or deficiency does not affect the bid amount, or otherwise give the Bidder a competitive advantage. Noncompliance with any material requirements of the Contract Documents shall cause a Bid to be rejected as non-responsive.

IV.4.6 If, in the opinion of West Virginia University, the award of the Contract to the lowest Bidder is not in its best interest, West Virginia University may accept, in its discretion, another Bid so opened, or West Virginia University may reject all Bids and advertise for other Bids. The advertisement (or Request For Bid) shall be for the period, in the form, and in the publications directed by West Virginia University.

West Virginia University

Document – Instructions to Bidders – Construction Services www.wvu.edu e: pcps@mail.wvu.edu v: 304.293.5711 f: 304.293.8152

Section 5. Bid Evaluation Procedure

IV.5.1 The Contract shall be awarded to the lowest responsive and responsible Bidder as determined in the discretion of West Virginia University, or all Bids may be rejected in accordance with Applicable Law. A Scope Review may take place following the opening of the Bid to verify Bid Amounts and Work; attendance may include the Owner’s Project Manager, Procurement Officer, A/E Representative(s), and designee(s) of the Contractors firm.

IV.5.1.a In determining which Bid is the lowest, West Virginia University shall consider the Base Bid and the bid amounts for any Alternate, or Alternates, which the Owner decides, in its sole discretion, to accept.

IV.5.1.b The total of the bid amounts for the accepted Alternate(s) shall be added to, or deducted from, the Base Bid, as applicable, for determining the lowest Bidder.

IV.5.1.c If two Bidders submit the same bid amount and both are determined to be responsive and responsible, West Virginia University may select one Bidder by the flip of a coin, which shall be conducted in the presence of both Bidders and shall be final.

IV.5.1.c.i If one of the Bidders refuses to participate in, or fails to be present at, the flip of a coin, the remaining Bidder shall be selected.

IV.5.2 A Bidder shall be considered responsive if the Bidder's Bid responds to the Contract Documents in all material respects and contains no irregularities or deviations from the Contract Documents that would affect the amount of the Bid or otherwise give the Bidder a competitive advantage.

IV.5.2.a A Bid shall be rejected as non-responsive if the Bid contains a Bid Bond executed by a Surety not licensed in West Virginia or a Bid Bond that is otherwise determined to be insufficient by West Virginia University, including but not limited to not on the form as provided in the “Request for Bid Solicitation”.

IV.5.2.b If the lowest Bidder is non-responsive, the Bidder shall be notified according IV.6.1, below.

West Virginia University

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IV.5.3 In determining whether a Bidder is responsible, factors to be considered include, without limitation:

IV.5.3.a Preferences required by law, where applicable;

IV.5.3.b The experience of the Bidder;

IV.5.3.c The financial condition of the Bidder;

IV.5.3.d The conduct and performance of the Bidder on previous Contracts, including compliance with Equal Employment Opportunity in the Construction Industry and OSHA;

IV.5.3.e The facilities of the Bidder;

IV.5.3.f The management skills of the Bidder; and

IV.5.3.g The Bidder’s ability to execute the Contract properly, including past performance of the Bidder and the Subcontractors that the Bidder proposes to use on the Project.

IV.5.4 The A/E or West Virginia University shall obtain from the lowest responsive Bidder any information West Virginia University determines appropriate to consideration of factors showing responsibility. If the lowest responsive Bidder is responsible, the Contract shall be awarded to that Bidder, unless all Bids are rejected. The Bidder shall provide all requested information within three (3) consecutive days of a request from the A/E of West Virginia University, or a longer period, if West Virginia University consents in writing.

IV.5.5 If the lowest responsive Bidder is not responsible, West Virginia University shall evaluate the next lowest Bidder according to the procedures set forth in this Article IV, Section 5 until the Contract is awarded, all Bids are rejected, or all responsive Bidders are determined to be not responsible.

West Virginia University

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Section 6. Rejection of Bid

IV.6.1 If the lowest Bidder is not responsive or responsible, West Virginia University shall reject the Bid and notify the Bidder in writing by Certified Mail of the finding and the reasons therefor.

IV.6.2 Bidder notified in accordance with IV.6.1 may object to its rejection by filing a written protest, which must be received by West Virginia University within five (5) consecutive calendar days of the notification provided pursuant to IV.6.1.

IV.6.3 Upon receipt of a timely protest, West Virginia University shall meet with the protesting Bidder to hear its objections.

IV.6.3.a No Contract award shall become final until after West Virginia University has met with all Bidders who have timely filed protests and the award of the Contract is affirmed.

IV.6.3.b If all protests are rejected, the Contract shall be awarded to the lowest responsive and responsible Bidder, or all Bids shall be rejected.

Section 7. Notice of Intent to Award

IV.7.1 West Virginia University shall notify the apparent successful Bidder that upon satisfactory compliance with all conditions precedent for execution of the Contract, within the time specified, the Bidder shall be awarded the Contract.

IV.7.2 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 Article VII are not met.

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Article V. WITHDRAWAL OF BID

Section 1. Withdrawal prior to Bid Opening

V.1.1 A Bidder may withdraw a Bid after West Virginia University receives the Bid, provided the Bidder makes a request in writing and West Virginia University receives the request prior to the time of the bid opening, as determined by West Virginia University.

Section 2. Late Bids, Late Withdrawals, and Late Modifications

V.2.1 The Bid shall remain valid and open for acceptance for a period of sixty (60) calendar days after the bid opening. Any bid, withdrawal or modification received after the date and time set for receipt of bids is late. No late bid, late modification, or late withdrawal will be considered. The clock in the University’s Procurement, Contracting & Payment Services Office shall be considered the official timepiece used to determine whether the bid, withdrawal, or modification was late.

Section 3. Mistakes

V.3.1 Mistakes after Bid Opening but Before Award: Correction or withdrawal of a bid because of an inadvertent mistake in the bid requires careful consideration to protect the integrity of the competitive bidding process, and to assure fairness. If the mistake is attributable to an error in judgment, the bid may not be corrected. A bid correction or withdrawal because of a mistake is permissible but only to the extent that it is not contrary to the interest of West Virginia University or the fair treatment of other bidders. When West Virginia University knows or has reason to conclude that a mistake has been or may have been made, a request shall be made for the bidder to confirm the bid. Situations in which confirmation should be requested include obvious or apparent errors on the face of the bid or a bid unreasonably lower (or higher) than the

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Modified April 2021 Instructions to Bidders – Construction Services other bids submitted. Unit price shall be the governing factor if an error is made in extending the unit price. If the bidder alleges a mistake, the bid may be corrected or withdrawn if the conditions set forth below are met:

V.3.2.a Minor Informalities or Irregularities: Minor informalities or irregularities, or significant mistakes that can be waived or corrected without prejudice to other bidders, which are evident after examining the bid, are considered matters of form rather than substance; that is, the effect on price, quantity, quality, or terms and conditions is negligible. The Chief Procurement Officer may waive such informalities or irregularities or allow the bidder to correct such mistakes, depending on which is in the best interest of the University. An example is the lack of specifications on alternate bids. Additional specifications may be requested to make an accurate determination.

V.3.2.b Mistakes Where Intended Correct Bid Is Evident: If the mistake and the intended correct bid are clearly evident on the face of the bid document, the bid shall be corrected to the intended correct bid and may not be withdrawn. Examples of mistakes that may be clearly evident on the face of the bid document are typographical errors, errors in extending unit prices, transposition errors, and arithmetical errors.

V.3.2.c Mistakes Where Intended Correct Bid Is Not Evident: A bidder may be permitted to withdraw a low bid if:

1. mistake is clearly evident on the face of the bid document but the intended correct bid is not similarly evident,; or

2. the bidder submits proof of evidentiary value which clearly and convincingly demonstrates the mistake.

V.3.2.d Notice of a request to withdraw a Bid shall be made in writing filed with West Virginia University within two (2) business days after the bid opening. West Virginia University reserves the right to request the Bidder to submit evidence substantiating the Bidder’s request to withdraw the Bid.

V.3.3 The Chief Procurement Officer may reject an erroneous bid after the bid opening, upon request of the bidder, if all of the following conditions exist:

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V.3.3.a An error was made that materially affected the bid or proposal;

V.3.3.b Rejection of the bid or proposal would not cause a hardship on the University other than losing an opportunity to receive materials, supplies, equipment, services or printing at a reduced cost; and

V.3.3.c Enforcement of the part of the bid or proposal in error would be unconscionable.

V.3.4 Mistakes Discovered After Award: Mistakes shall not be corrected after award of the contract except where the Chief Procurement Officer makes a written determination that it would be unconscionable not to allow the mistake to be corrected.

V.3.5 If a Bidder withdraws its Bid under Article V.2, West Virginia University may award the Contract to the next lowest responsive and responsible Bidder, or reject all Bids and advertise for other Bids. In the event West Virginia University advertises for other Bids, the withdrawing Bidder shall pay the costs, in connection with the re-bidding, of printing new Contract Documents, required advertising, and printing and mailing of notices to prospective Bidders, if West Virginia University finds that these costs would not have been incurred but for the withdrawal.

V.3.6 A Bidder may withdraw the Bidder’s Bid at any time after the 60 day period described in Article V.2.1 by giving written notice to West Virginia University if the Bidder has not previously received a notice of intent to award. Bidder may not withdraw it’s Bid anytime after a notice of intent to award has been sent to the Bidder by West Virginia University unless otherwise provided for by these instructions.

Section 4. Refusal to Accept Withdrawal

V.4.1 If West Virginia University contests the right of a Bidder to withdraw a Bid pursuant to Article V.2.1, a hearing shall be held within ten (10) consecutive calendar days after the bid opening and West Virginia University shall issue an order allowing or denying the claim of this right within five (5) consecutive calendar days after the hearing is concluded. West Virginia University shall give the withdrawing Bidder timely notice of the time and place of the hearing.

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Modified April 2021 Instructions to Bidders – Construction Services

V.4.1.a West Virginia University shall make a stenographic record of all testimony, other evidence, and rulings on the admissibility of evidence presented at the hearing. The Bidder shall pay the costs of the hearing.

V.4.1.b The ruling of West Virginia University shall be final and binding upon the Bidder.

Section 5. Refusal to Perform

V.5.1 In the event West Virginia University denies the request for withdrawal and the Bidder refuses to perform the Contract, West Virginia University may reject all Bids or award the Contract to the next lowest responsive and responsible Bidder.

Section 6. Effect of Withdrawal

V.6.1 A Bidder, who is permitted to withdraw a Bid under V.2.1, shall not supply material or labor to, or perform a subcontract or other work for, the Bidder to whom the Contract is awarded; or otherwise benefit, directly or indirectly, from the performance of the Project for which the withdrawn Bid was submitted; without West Virginia University’s prior written consent.

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Article VI. BID GUARANTY AND CONTRACT BOND

Section 1. Bid Guaranty

VI.1.1 The Bidder shall submit a Bid Guaranty as specified under Article III.9.1a, with the Bidder’s Bid, payable to West Virginia University, in the form of either:

VI.1.1.a

VI.1.1.b

The signed Bid Bond contained in the Contract Documents for an amount equal to five percent (5%) of the Base Bid plus all additive Alternates; or

The Bid Bond shall be issued by a Surety Company having a minimum of an “A- (minus)’ rating from an accredited rating company such as A.M. Best. Documentation of the rating shall be included with the Bid Bond.

If box is checked the following in V1.1.1.c applies to bid:

VI.1.1.c For large projects (over $5,000,000).

Require all subcontractors over $500,000 to be bonded by an A-or better rated surety

After bids are awarded, the General Contractor is required to certify that all key subcontractors meet Contractor qualification requirements included in Division 1, Subcontractor Requirement

VI.1.2 The Bid Bond shall be in form and substance satisfactory to West Virginia University and shall serve as an assurance that upon acceptance of the Bid, the Bidder shall comply with all conditions precedent for Contract execution, within the time specified by West Virginia University.

VI.1.3 If the blank line on the Bid Guaranty or Contract Bond is not filled in, the penal sum shall be the full amount of the Base Bid plus all additive Alternates. If the blank line is filled in, the amount shall not be less than the full amount of the Base Bid plus all

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Modified April 2021 Instructions to Bidders – Construction Services additive Alternates, stated in dollars and cents or as five percent (5%) of Bidder’s Bid. In the event the blank line is filled in for an amount less than the full amount of the Base Bid plus all additive alternates, the Bid shall be rejected as non-responsive.

VI.1.4 An authorized agent must sign the Bid Bond, and the Bidder shall provide a Power of Attorney from the Surety. A Surety authorized to transact business in the State of West Virginia must issue the Bond.

Section 2. Bond Forfeiture

VI.2.1 If for any reason, other than as authorized by Article V, the Bidder fails to execute the Contract Form, and West Virginia University awards the Contract to another Bidder, which West Virginia University determines is the lowest responsive and responsible Bidder:

VI.2.1.a The Bidder who failed to execute the Contract Form is liable to West Virginia University for the difference between its Bid and the Bid of the next lowest responsive and responsible Bidder, or for a sum not to exceed five percent (5%) percent of Bidder’s bid amount, whichever is less, not as a penalty but as liquidated damages.

VI.2.2 If West Virginia University then awards a Contract to another Bidder, which West Virginia University determines is the lowest responsive and responsible Bidder and that Bidder fails or refuses to execute the Contract Form:

VI.2.2.a The liability of the lowest responsive and responsible Bidder shall be the difference between the bid amount of the lowest responsive and responsible Bidder and another Bidder which West Virginia University determines is the lowest responsive and responsible Bidder, but not in excess of the liability specified in Article VI.2.1.a;

VI.2.2.b The liability on account of an award to the lowest responsive and responsible Bidder beyond the third lowest responsive and responsible Bidder shall be determined in like manner.

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VI.2.3 If West Virginia University does not award the Contract to another Bidder under VI.2.2.a, but submits the Project for re-bidding:

VI.2.3.a The Bidder failing or refusing to execute the Contract Form is liable to the West Virginia University for a sum not to exceed 5 percent of the Bidder's bid amount or the costs in connection with the resubmission of printing new Contract Documents, required advertising, and printing and mailing notices to prospective Bidders, whichever is less.

Section 3. Contract Bond

VI…