Bidding Documents and Request for Technical Proposals

Oak Lee Drive Partial Roadway Reconstruction

City of Ranson, West Virginia

Bids Close: Wednesday, February 27, 2019 @ 3:00 p.m. City of Ranson Attn: “Oak Lee Drive Partial Roadway Reconstruction” 312 S. Mildred Street Ranson, West Virginia 25438

Mandatory Pre-Bid Meeting: Thursday, February 14, 2019 @ 10:00 a.m. City of Ranson 312 S. Mildred Street Ranson, West Virginia 25438

Bid Bond: 10% of Bid Amount

Performance Bond: 100% of Contract Amount

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Table of Contents CITY OF RANSON NOTICE TO BIDDERS ........................................................................................................................ 7

A. INVITATION TO BID: ............................................................................................................................................... 7

BACKGROUND INFORMATION .......................................................................................................................................... 8

A. PROJECT OVERVIEW ............................................................................................................................................... 8

B. SCHEDULE .................................................................................................................................................................... 8

BIDDER’S SCOPE OF WORK ................................................................................................................................................ 9

A. OAK LEE DRIVE PARTIAL ROADWAY RECONSTRUCTION PROJECT ................................................. 9

PROJECT ADMINISTRATION AND CONTRACTING.................................................................................................... 9

A. COORDINATION REQUIREMENTS ..................................................................................................................... 9

B. ADHERENCE TO APPLICABLE CODES ............................................................................................................ 10

C. STANDARD SPECIFICATIONS ............................................................................................................................ 10

PERMITS AND ENVIRONMENTAL CONSIDERATIONS .......................................................................................... 11

A. PERMITS ..................................................................................................................................................................... 11

B. ENVIRONMENTAL CONSIDERATIONS ........................................................................................................... 11

RIGHT-OF-WAY AND UTILITIES ..................................................................................................................................... 11

A. RIGHT-OF-WAY ........................................................................................................................................................ 11

B. UTILITIES ................................................................................................................................................................ ... 11

BID PREPARATION AND EVALUATION ....................................................................................................................... 12

A. BID PREPARATION ................................................................................................................................................. 12

B. INTERPRETATION OF APPROXIMATE ESTIMATES ................................................................................. 13

C. EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE OF WORK .................................................. 13

D. PROPOSAL GUARANTY: ....................................................................................................................................... 13

E. MULTIPLE PROPOSALS: ....................................................................................................................................... 13

F. WITHDRAWAL OF PROPOSALS: ....................................................................................................................... 13

G. DISQUALIFICATION OF BIDDERS .................................................................................................................... 14

H. MATERIAL GUARANTY ......................................................................................................................................... 14

I. EVALUATION TEAM ............................................................................................................................................... 14

J. POINT OF CONTACT .............................................................................................................................................. 14

K. QUESTIONS REGARDING THIS SOLICITATION .......................................................................................... 14

L. SOLICITATION DOCUMENTS AND ADDENDA ............................................................................................ 15

M. ACKNOWLEDGMENT OF RECEIPT OF SOLICITATION AND ADDENDA...................................... 15

N. MANDATORY PRE-SOLICITATION MEETING ............................................................................................. 15

CONTENTS OF TECHNICAL PROPOSALS ..................................................................................................................... 15

A. GENERAL .................................................................................................................................................................... 15

B. LETTER OF SUBMITTAL ...................................................................................................................................... 16

C. RESUMES OF KEY PERSONNEL ......................................................................................................................... 18

D. EQUIPMENT NARRATIVE .................................................................................................................................... 19

E. EXPERIENCE OF BIDDER’S TEAM .................................................................................................................... 19

F. REQUIRED FORMS .................................................................................................................................................. 19

EVALUATION OF PROPOSALS .......................................................................................................................................... 20

A. EVALUATION OF PROPOSALS ........................................................................................................................... 20

AWARD AND EXECUTION OF CONTRACT .................................................................................................................. 21

A. AWARD OF CONTRACT ........................................................................................................................................ 21

B. CANCELLATION OF AWARD: ............................................................................................................................. 21

C. RETURN OF PROPOSAL GUARANTY: ............................................................................................................. 21

D. REQUIREMENT OF CONTRACT BOND: .......................................................................................................... 21

E. INSURANCE REQUIREMENTS ............................................................................................................................ 21

F. SPECIAL BONDS AND INSURANCE: ................................................................................................................. 23

G. EXECUTION OF CONTRACT: ............................................................................................................................... 23

H. FAILURE TO EXECUTE CONTRACT: ................................................................................................................ 23

I. PRECONSTRUCTION CONFERENCE: .............................................................................................................. 24

SCOPE OF WORK ................................................................................................................................................................ .... 24

A. INTENT OF CONTRACT ........................................................................................................................................ 24

B. ALTERATION OF PLANS OR CHARACTER OF WORK .............................................................................. 24

C. EXTRA WORK ........................................................................................................................................................... 24

D. MAINTENANCE OF TRAFFIC .............................................................................................................................. 25

E. INSPECTION AND TESTING ................................................................................................................................ 26

F. RIGHTS IN AND USE OF MATERIALS FOUND ON THE PROJECT ........................................................ 26

G. FINAL CLEAN UP ..................................................................................................................................................... 26

H. DIFFERING SITE CONDITIONS .......................................................................................................................... 26

I. SUSPENSION OF WORK ORDERED BY THE CITY PROJECT MANAGER ........................................... 28

J. SIGNIFICANT CHANGES IN THE CHARACTER OF WORK: ..................................................................... 29

K. FUNDING SOURCE IDENTIFICATION SIGNS ................................................................................................ 29

TECHNICAL REQUIREMENTS AND CONTROL OF WORK..................................................................................... 29

A. NORMAL WORKING HOURS ............................................................................................................................... 29

B. NIGHT WORK ............................................................................................................................................................ 30

C. NOISE ........................................................................................................................................................................... 30

D. WORK AND STORAGE SPACE ............................................................................................................................ 30

E. CONSTRUCTION SCHEDULING ......................................................................................................................... 30

F. PROJECT SECURITY................................................................................................................................................ 30

G. HEALTH AND SAFETY PLAN .............................................................................................................................. 30

H. AS-BUILT DRAWINGS ........................................................................................................................................... 31

LEGAL REQUIREMENTS ..................................................................................................................................................... 31

A. WEST VIRGINIA JOBS ACT .................................................................................................................................. 31

B. DEBARMENT ............................................................................................................................................................. 31

C. CONFLICT OF INTEREST/DISCLOSURE OF INTERESTED PARTIES .................................................. 32

D. PROTESTS ................................................................................................................................................................ .. 32

E. APPROVAL OF SUBCONTRACTORS ................................................................................................................. 32

APPENDIX A – BID OPENING REQUIREMENTS CHECKLIST ............................................................................... 33

APPENDIX B – BID FORM ................................................................................................................................................... 34

APPENDIX C - REQUIRED FORMS ................................................................................................................................... 35

APPENDIX D – CONTRACTOR’S QUALIFICATIONS ................................................................................................. 36

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CITY OF RANSON NOTICE TO BIDDERS A. INVITATION TO BID:

The City of Ranson is seeking sealed bids for the partial reconstruction of Oak Lee Drive between WV Route 9 and the traffic circle at the rear of the Marketplace at Potomac Town Center shopping plaza. Bids must be submitted in a sealed envelope clearly marked “OAK LEE DRIVE PARTIAL ROADWAY RECONSTRUCTION PROJECT” on the outside. Bids will be accepted until 3:00 p.m. on Wednesday, February 27, 2019, at Ranson City Hall, 312 S. Mildred Street, Ranson, WV 25438.

Detailed specifications and engineering drawings are available at http://cityofransonwv.net/351/City-Bid-Opportunities. Contractor shall prepare bids in accordance with the following documents:

1. Bidding Document: Bidding Documents and Request for Technical Proposals, Oak Lee Drive Partial Roadway Reconstruction

2. Plans: Oak Lee Drive Partial Roadway Reconstruction Project, dated February 2019, prepared by Toole Design Group, LLC

Any questions concerning the bidding documents, plans, or specifications should be directed to Matt Piepenburg, Assistant Public Works Director, by email at MPiepenburg@ransonwv.us. All questions shall be in writing. The City will award the contract or reject all bids within twenty-one (21) days, unless there has been an agreed extension. The City of Ranson reserves the right to accept or reject all bids, waive any informality in the bidding process and accept the bid or bids that are in the best interests of the City of Ranson. The City of Ranson also reserves the right to expand, reduce or eliminate the scope of work once bids are received.

A mandatory pre-bid meeting will be held at 10:00 a.m. on Thursday, February 14, 2019 at Ranson City Hall, 312 S. Mildred Street, Ranson, WV 25438. The deadline for written questions is 5:00 p.m. on Wednesday, February 20, 2019.

Each bid must be accompanied by a bid bond, or a certified check or a cashier’s check made payable to the City of Ranson, West Virginia as a guarantee that if the contract is awarded to the bidder, that the bidder will enter into a contract and will furnish a performance bond equal to the amount of the contract, for the faithful performance of said contract within thirty (30) days of the award date. For the bid to be accepted, the bid bond must be included with the current bidding forms and shall not be less than 10% of the amount bid. All bid bonds and performance bonds must comply with the provisions of WV Code §§ 33-19-1 and 33-12-7 including the requirement regarding counter-signature of the bond by a Licensed West Virginia resident agent of the insurer. If a cashier’s check or certified check is used, it is necessary that a certificate of surety accompany it to guarantee the furnishings of the above required performance bond.

Women and minority-owned businesses are encouraged to submit proposals.

Proposals are to be submitted in person, via mail, or independent delivery service by the specified time to the City of Ranson, 312 S. Mildred Street, Ranson, WV 25438. Submissions received after the specified date and time will not be accepted.

BACKGROUND INFORMATION A. PROJECT OVERVIEW

In December 2017, a contractor installing communications cable, broke a 16-inch water main owned and maintained by Jefferson Utilities, while attempting to bore under Oak Lee Drive to install a cable. The break released a large amount of water from an adjacent water storage tank, and caused substantial damage to Oak Lee Drive between the Roy Rogers restaurant and the intersection with Route 9. It also caused damage to the private road section between the Roy Rogers and Panera Bread restaurants.

The Oak Lee Drive Partial Roadway reconstruction project comprises approximately 0.14 miles of full-depth reconstruction of portions of the northbound lanes of Oak Lee Drive, and reconstruction of approximately 0.05 miles of the private roadway to the east including widening of grass medians, addition of a sidewalk along the private road, and reconstruction of Americans with Disabilities Act-compliant curb ramps at the intersection of the two roadways.

The project includes a number of contingent bid items for resetting or replacement of existing utilities. These contingent bid items would only be exercised in the event that the roadway subgrade is found to be overly soft or saturated below the invert elevation of the existing piping, as determined by the geotechnical engineer. For the water line contingent bid item, the geotechnical engineer will provide direction in coordination with Jefferson Utilities, Inc., and all waterline work including excavation around existing water lines must be observed by Jefferson Utilities personnel.

The project also includes several additive alternate bid items for mill and overlay and pavement markings for the remainder of the roadway, as well as reconstruction of the remainder of surface-mounted curbing along the traffic islands at the intersection with Route 9.

B. SCHEDULE Physical construction may not begin until the ambient temperature has reached a point where the ground can fully thaw. For the purposes of bidding, April 1, 2019 is anticipated as the start date for physical construction. The City of Ranson will issue notice to proceed no later than March 22, 2019 to allow the selected contractor to begin preparation of submittals and other preconstruction activities.

The work designated as the base bid shall be substantially completed within 60 calendar days from Notice to Proceed. If exercised, bid alternates shall extend the duration of the base bid no more than an additional 10 working days. Contingent bid items shall extend the duration of the base bid no more than:

• Parallel water line construction: 30 calendar days • Sewer line resetting: 10 calendar days • Storm Drain resetting: 20 calendar days

Durations for each bid alternate and contingent bid item exercised by the City of Ranson shall be added to the duration of the base bid to determine total Contract Time allowed. Bid alternates and contingent bid items must be exercised in writing by the City of Ranson.

It is anticipated that nighttime and weekend construction may be required to complete utility work in the base bid and contingent bid items, and Bidders should incorporate appropriate provisions into their technical and price proposals to accommodate the necessary nighttime and weekend work.

The City will not entertain claims for additional costs associated with unanticipated nighttime and weekend work.

BIDDER’S SCOPE OF WORK The scope of work includes all work required to support the construction of the roadway and associated sidewalks, and modification of existing utilities and utility appurtenances. Major scope elements are described below.

A. OAK LEE DRIVE PARTIAL ROADWAY RECONSTRUCTION PROJECT The Oak Lee Drive Partial Roadway Reconstruction project generally includes:

1. Mobilization and survey stakeout; 2. Installation of erosion and sediment control, measures, preparing an stormwater

Pollution Prevention Plan (SWPPP), and filing an National Pollutant Discharge Elimination System (NPDES) Notice of Intent (NOI);

3. Coordination with shopping center owner and affected business tenants; 4. Coordination with affected public and private utility owners (sewer, water, natural gas,

communications, and electric power) 5. Traffic control during construction, including developing traffic control and

maintenance of traffic plans, and obtaining permits from the authorities having jurisdiction;

6. Construction of pavements for the roadway; 7. Construction of concrete curb and gutter, sidewalks, and curb ramps; 8. Resetting of existing catch basins and water valves; 9. Utility adjustment and relocation as necessary to construct proposed roadway; 10. Relocation and testing of street lighting, including reconnection of power feed; 11. Inspection and testing 12. Installation of signs and pavement markings; 13. Fine grading and site stabilization/restoration; 14. Additive Alternate: Additional pavement milling and asphalt overlay; 15. Additive Alternate: Additional pavement marking; 16. Additive Alternate: Construction of additional concrete curbing 17. Contingent: Water line construction 18. Contingent: Resetting of sewer and storm drain lines

Construction shall include all incidental construction necessary to result in a complete and operational facility.

PROJECT ADMINISTRATION AND CONTRACTING A. COORDINATION REQUIREMENTS

The contractor shall coordinate their work with the owner of the shopping center and all shopping center property owners to keep them apprised of construction progress and

upcoming changes to construction zones that may have an impact on their businesses. The contractor shall maintain a minimum of one travel lane open in each direction on Oak Lee Drive at all times.

Utility service outages shall be limited to nighttime hours outside the normal operating hours of the shopping center. Outages outside the normal operating hours must be limited to 6 hours. Notify the City of Ranson, the affected utility, and all shopping center tenants and owners a minimum of seventy-two (72) hours prior to any planned outage.

The City will not entertain claims for damages or delays related to poor coordination with utility owners.

B. ADHERENCE TO APPLICABLE CODES Contractors doing business with the City of Ranson shall adhere to City Codes § 9-80 through § 9-94 Contract, Purchases and Competitive Bidding Regulations for Bidders and § 6-90 Additional Administrative Provisions Concerning Contracting.

Contractors shall also comply with the West Virginia Contractor Licensing Act (Chapter 21, Article 11 of the Code of West Virginia).

Contractors doing business in the City for Ranson are subject to the City’s Business and Occupancy Tax per City Code Article III Municipal Business and Occupation Tax, §6-58.

Except as otherwise provided in the Contract Documents, the Contractor shall obtain and pay for all construction permits and licenses. The Contractor shall pay all governmental and utility company charges and inspection fees necessary for the prosecution of the Work. The Contractor shall pay all charges of utility owners for connections for providing permanent service to the Work.

C. STANDARD SPECIFICATIONS All work shall comply with the West Virginia Department of Transportation, Division of Highways Standard Specifications for Roads and Bridges, 2017 edition and 2019 Supplemental Specifications, (Standard Specifications). Specifically, Divisions 100 through 700 shall apply to the work, except as modified herein. The following individual sections do not apply:

1. Section 102 – Bidding Requirements and Conditions 2. Section 103 – Award and Execution of Contract 3. Section 104 – Scope of Work

Where the terms “Division,” “Engineer,” “Project Engineer,’ or “Project Supervisor,” are referenced in the Standard Specifications, they shall be interpreted as follows:

1. The term “Division” shall mean the City of Ranson 2. The term “Engineer” shall mean the Engineer of Record 3. The term “Project Engineer” or “Project Supervisor” shall mean the City of Ranson’s

onsite representative

In the event of a conflict between the Standard Specifications, the project plans, and/or the Bidding Document, the contractor shall request clarification form the City of Ranson’s onsite representative.

PERMITS AND ENVIRONMENTAL CONSIDERATIONS A. PERMITS

The design team has obtained certain design-phase permits necessary to facilitate construction of the project and future operation by WVDOH. The contractor is responsible for obtaining all other federal, state, and local permits necessary to complete the work.

The contractor shall comply with all permit conditions and requirements.

B. ENVIRONMENTAL CONSIDERATIONS Sensitive environmental features identified on or near the project site include sinkholes and Karst terrain. The contractor shall comply with all agency requirements, permit conditions, and geotechnical recommendations; and shall make every effort to avoid negative impacts to sensitive environmental features.

No impacts to environmental features are planned as a part of the project. Any damage to environmental features caused by the contractor’s operations shall be restored or mitigated at the contractor’s expense.

RIGHT-OF-WAY AND UTILITIES A. RIGHT-OF-WAY

The City anticipates that letters of permission for work on private property will be obtained prior to beginning construction. If the contractor encounters underground obstructions, sinkholes, or other site constraints that require realignment outside of the limits of disturbance identified on the plans, the contractor shall immediately notify the City’s Project Manager. Work on private property outside the limits of disturbance will not be permitted until the landowner provides written approval of the proposed change.

B. UTILITIES Project plans have been coordinated with the following utility firms and contact persons responsible for other utilities within the project area, and utility clearance has been obtained from each firm.

• Charles Town Utility Board (sewer) Kristen Stolipher Assistant Utility Manager Office: (304) 724-7080 Cell: (304)-904-7359 Email: kristen@charlestownutilities.us

• Jefferson Utilities, Inc. (water) Stephanie L. Reel General Manager Office: 304-728-2077 ext. 207

Cell: 301-302-9702 (c) Email: sreel@juiwater.net

• Potomac Edison/First Energy (electric power) Mark Bayer Designer, Engineering Services Martinsburg Svc. Ctr. Office: 304-267-3245 Email: mbayer2@firstenergycorp.com

• Thompson Gas Barry Thomas Distribution Manager – Mid-Atlantic Region Phone 301-432-6611 Cell 410-999-5687 Email: bthomas@thompsongas.com

• Frontier Communications (communications) Matthew Clayton Engineering Manager Office: (304) 728-2031 Cell: (304) 268-7641 Email: matthew.clayton@ftr.com

BID PREPARATION AND EVALUATION A. BID PREPARATION

The City of Ranson will use a two-envelope selection process for the procurement of the construction contract(s). Bidders will be required to submit two sealed envelopes, one containing the bidder’s Technical Proposal, and one containing the bidder’s Sealed Price Proposal. The technical Proposal shall describe the contracting firm’s/team’s qualifications, outline the bidder’s technical approach and scheduling, and shall include the required forms Provided in Appendices C and D. The Sealed Price Proposal shall contain the contracting firm’s/team’s bid price, including unit pricing for all individual bid items listed on the bid form, and a check for the 10% bid bond.

Unit bid prices entered into the Schedule of Bid Items shall be typed, and the Schedule of Bid Items shall not show any alteration of format, additions or amendments not called for, errors or omissions in units of measure, or erasures.

When a bid item appears as both a base bid item and a contingent or additive alternate item, the bid unit price must be the same for all instances of that bid item.

Bids which propose exceptions to contract terms and conditions, or fail to provide pricing for any individual bid item or portion thereof will be deemed as non-responsive, and will be dismissed from further consideration.

Bids which contain unauthorized additions, conditional or alternate bids, altered Schedule of Bid Items, or irregularities of any kind which make the proposal incomplete, indefinite, or ambiguous as to its meaning will also be dismissed from further consideration.

The City of Ranson further anticipates that upon completion of the evaluations of the Technical and Sealed Price Proposals, the Evaluation Team will recommend the top-ranked Bidder to the Mayor and City Manager for an award of a fixed unit price construction contract.

In the event that none of the bidders is considered to be both responsible and responsive, the City of Ranson reserves the right to cancel all bids and re-advertise the project.

B. INTERPRETATION OF APPROXIMATE ESTIMATES The quantities appearing in the proposal form are approximate only and are prepared for the comparison of bids. Payment to the Contractor will be made only for the work accepted, or for materials furnished in accordance with the Contract. If upon completion of the construction the actual quantities show either increase or decrease, the unit bid prices offered in the Proposal will prevail.

C. EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE OF WORK The bidder is required to examine carefully the Plans, Specifications, Special Provisions, contract forms, and the site of the work contemplated. The submission of a bid shall be considered prima facie evidence that the bidder has made such examination and has judged for and satisfied themselves as to the character, quality, and quantity of work to be performed and material required to be furnished under the Contract.

D. PROPOSAL GUARANTY: No price proposal will be considered unless accompanied by a digitally signed proposal guaranty in the form of a certified or cashier's check, or bid bond, in the amount specified in the Proposal, made payable to the City of Ranson. Any Proposal accompanied by a bond executed on a copy, duplicate, or facsimile will be rejected.

E. MULTIPLE PROPOSALS: The Bidder shall not submit more than one bid package (Technical Proposal and Sealed Price Proposal) for this Project. If more than one bid package is submitted by an individual, partnership, Corporation, or any party of a Joint Venture, then all bid packages submitted by that individual, partnership, Corporation or Joint Venture shall be disqualified. If more than one bid package is submitted by an affiliate or subsidiary company of an individual, partnership, Corporation or any party of a Joint Venture, then all bid packages submitted by that individual, partnership, Corporation or Joint Venture shall be disqualified.

A business entity may participate on multiple teams in a subcontract role; however, a business entity may not serve on one team as a prime contractor, and also serve on other teams as a subcontractor.

F. WITHDRAWAL OF PROPOSALS: Bidders may withdraw Proposals by providing written notice to the City of Ranson at any time prior to the time of the reading of bids.

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

1. More than one Proposal for the same work from an individual, firm, or corporation under the same or different name.

2. Evidence of collusion among bidders.

H. MATERIAL GUARANTY The successful bidder shall furnish a complete statement of the origin, composition and manufacture of all materials to be used in the construction of the work, together with samples when required. Samples may be subjected to the tests provided for in the Standard Specifications and the Special Provisions (as applicable to the material specified) to determine their quality and fitness for the work.

I. EVALUATION TEAM The Evaluation Team will comprise representatives from the City of Ranson and their technical and engineering consultants. The Evaluation Team will score and rank the Technical Proposals. Upon completion of that ranking, the Sealed Price Proposals will be reviewed, and a final recommendation made for award of the construction contract.

J. POINT OF CONTACT The City of Ranson’s Project Manager and point of contact (POC) for matters related to this Solicitation is Matt Piepenburg, Assistant Public Works Director. The City’s POC is the only individual authorized to discuss this Solicitation with any interested parties, including Bidders. All communications with the City’s POC about the Project or this Solicitation shall be in writing, as required by applicable provisions of this Solicitation.

Name: Matt Piepenburg Address: City of Ranson 312 S. Mildred Street Ranson, WV 25438 E-mail: mpiepenburg@cityofransonwv.net

The City of Ranson disclaims the accuracy of information derived from any source other than the City’s POC, and the use of any such information is at the sole risk of the Bidder.

All written communications to the City of Ranson from Bidders shall specifically reference the correspondence as being associated with “Oak Lee Drive Partial Roadway Reconstruction Project, Contract ID No.: #########.”

K. QUESTIONS REGARDING THIS SOLICITATION All questions regarding this solicitation shall be addressed in writing to the City of Ranson POC. If the contact information of the sender is unable to be verified then any questions associated with this information may not be answered.

Questions and Answers are for informational purposes only. Any posted questions or answers do not alter the terms and conditions of the advertised Contract in question.

Official changes to the Contract shall only be issued by the City of Ranson through an amendment to the applicable Contract.

Potential Bidders may ask questions up until seven (7) days prior to the bid opening date to allow the City to issue an amendment to modify the Contract, if necessary. Questions received within seven (7) working days of the posted time of letting may or may not be answered as time allows.

L. SOLICITATION DOCUMENTS AND ADDENDA The Solicitation Documents and Addenda, if any, will be posted on the City of Ranson Open Bids & Request of Proposals website at https://www.cityofransonwv.net/Bids.aspx?CatID=21. Hardcopies of the Solicitation Documents and Addenda on file will be available upon request. If there is any conflict between the electronic format and hard copies of any Solicitation Documents or Addendum, the hard copies on file shall control.

M. ACKNOWLEDGMENT OF RECEIPT OF SOLICITATION AND ADDENDA The Bidder shall provide to the City of Ranson the Acknowledgement of Solicitation, and Addenda using the Acknowledgement of Receipt form included in Appendix C. The Bidder shall submit one copy of the form, which shall list the original signed by the Bidder’s Point of Contact with submission of the Technical Proposal, which will serve as acknowledgement that the Bidder has received this Solicitation and subsequent addenda. On

N. MANDATORY PRE-SOLICITATION MEETING The City of Ranson will hold an mandatory pre-solicitation meeting for potential Bidders on the date and time set forth in on the cover page above at Ranson City Hall, located at 312 S. Mildred St., Ranson, West Virginia, 25438.

CONTENTS OF TECHNICAL PROPOSALS This Section describes specific information that must be included in the Bidder’s Technical Proposal.

A. GENERAL The Technical Proposal submission is intended to enable Bidders to demonstrate their qualifications to perform the Project, and to enable the Evaluation Team to evaluate those qualifications. Bidders are advised that the Technical Proposal should include specific information that will demonstrate the qualifications and experience required by this solicitation. Bidders should note that it is not the intent of the City to receive Project-specific design or engineering recommendations as part of the technical proposal.

The Technical Proposal shall consist of all information required under this Section. Bidders shall complete the Technical Proposal Checklist and Contractor Qualification forms, included in Appendix D, and include it in their Technical Proposals along with such supplemental information the Bidder deems necessary to demonstrate the required qualifications. The purpose of the Technical Proposal Checklist is to aid the Bidder in ensuring all submittal requirements have been included in the Bidder’s Technical Proposal and to provide a page reference indicating the location of each submittal requirement in the Technical Proposal.

Bidders shall be aware that the City reserves the right to conduct an independent investigation of any information, including prior experience, identified in a Technical Proposal by contacting project references, accessing public information, contacting independent parties, or any other means. The City also reserves the right to request additional information from a Bidder during the evaluation of that Bidder’s Technical Proposal.

Bidders should be aware that any information provided in response to this solicitation becomes public record because it is being submitted to a public agency. If a Bidder has concerns about information included in its Technical Proposal that may be deemed confidential or proprietary, the Bidder shall mark those items within the Technical Proposal as “Confidential,” and shall delineate the extent of the confidential information by circling it or otherwise marking locations where confidential information begins and ends. Information contained in Bidders’ Sealed Price Proposals may not be considered confidential or proprietary.

B. LETTER OF SUBMITTAL The Letter of Submittal shall be on the Bidder's letterhead and identify the full legal name and address of the Bidder, the Bidder’s West Virginia Business and Contractor’s License numbers, and City of Ranson Business License number. The Bidder is defined as the legal entity who will execute the Contract with the Owner. The Letter of Submittal shall be signed by an authorized representative of Bidder's organization. All signatures on the original Letter of Submittal shall be original and signed in ink. Copies or facsimiles will not be accepted.

Identify the name, title, address, phone and fax numbers, and e-mail address of an individual who will serve as the Point of Contact for the Bidder.

Identify the name, address and telephone number of the individual who will serve as the Principal Officer of the Bidder. (e.g., President, Treasurer, Chairperson of the Board of Directors, etc.).

Identify whether the Bidder will be structured as a corporation, limited liability company, general partnership, joint venture, limited partnership or other form of organization. Identify the team members who will undertake financial responsibility for the Project and describe any liability limitations. If the Bidder is a limited liability company, partnership or joint venture, describe the bonding approach that will be used and the members of such organizations who will have joint and several liabilities for the performance of the work required for the Project. A single 100% performance bond and a single 100% payment bond shall be provided regardless of any co-surety relationship.

Joint ventures formed solely for the pursuit of this solicitation will not be considered. Prior established Joint Venture entities shall be properly established with a federal tax ID number.

Identify the full legal name of the Prime Contractor for this Project. The Prime Contractor is defined as the business entity that will serve as the prime/general contractor responsible for overall construction of all project elements and will serve as the legal entity who will execute the Contract with the Owner.

Provide the full legal name and address of all affiliated and/or subsidiary companies of the Bidder in the form provided in Appendix C. Indicate which companies are affiliates and which companies are subsidiaries. An affiliate shall be considered as any business entity which is closely associated to another business entity so that one entity controls or has power to control the other entity either directly or indirectly; or, when a third party has the power to control or controls both; or where one business entity has been so closely allied with another business entity through an established course of dealings, including but not limited to the lending of financial wherewithal, engaging in joint ventures, etc. as to cause a public perception that the two firms are one entity. Firms which are owned by a holding company or a third party, but otherwise meet the above conditions and do not have interlocking directorships or joint officers serving, are not considered to be affiliates.

If the Bidder does not have any affiliated and/or subsidiary companies, other than the Bidder’s legal business entity, indicate such on the form.

If applicable, state the Bidder’s WVDOH prequalification number and current prequalification status (active, inactive, etc.) in the Letter of Submittal.

Include a letter from a surety or insurance company (with a Best’s Financial Strength Rating of A minus and Financial Size Category VIII or better by A.M. Best Co.) in the appendix of the Technical Proposal stating that the Bidder is capable of obtaining a performance and payment bond valued at 100% of the Bidder’s estimated contract value, which will cover the Project and any warranty periods. The letter of surety shall clearly state the rating categorization noted above and reference the estimated contract value in a manner similar to the notation provided below:

“As surety for [the above named Contractor], [XYZ Company] with A.M. Best Financial Strength Rating [rating] and Financial Size Category [Size Category] is capable of obtaining 100% Performance Bond and 100% Labor and Materials Payment Bond in the amount of the anticipated cost of construction, and said bonds will cover the Project and any warranty periods as provided for in the Contract Documents on behalf of the Contractor, in the event that such firm be the successful bidder and enter into a contract for this Project.”

All business entities on the Bidder’s proposed team must comply with the law with regard to their organizational structure, any required registration with governmental agencies and/or entities, and any required governmental licensure, whether business, commercial, individual, or professional in nature, and nothing herein is intended to contradict, nor to supersede, Federal, State, and local laws and regulations regarding the same. All business entities on the Bidder’s proposed team shall be eligible at the time of their Technical Proposal submittal, under the law and relevant regulations, to offer and to provide any services proposed or related to the Project. All business entities on the Bidder’s proposed team shall satisfy all commercial and professional registration requirements, including, but not limited to those requirements of the West Virginia State Tax Department, West Virginia Secretary of State, West Virginia Division of Labor, and the City of Ranson. Full size copies of business licenses and registrations for the Bidder and all subcontractors and consultants, or evidence indicating the same, should be included in the appendix of the Technical Proposal. Additionally, the following information should be provided for each business entity on the Bidders proposed team:

1. The business registration information for each business entity on the Bidder’s proposed team. Provide the name, registration number, type of corporation and status.

2. The City of Ranson Business License information for each business entity on the Bidder’s proposed team. Provide the business name, address, registration number and expiration date.

3. The West Virginia Division of Labor license information for each office practicing or offering to practice any professional services in West Virginia. Provide the business name, address, classification, registration number and expiration date.

4. The West Virginia Division of Labor license for each Key Personnel practicing or offering to practice professional services in West Virginia. Provide the name, the address, type, the registration number, expiration date and the office location where each Key Personnel member is offering to practice professional services in West Virginia.

5. The businesses offering services not regulated by the West Virginia Division of Labor. Provide the name, address, type, the registration number, and the expiration date of the individual offering services in West Virginia.

Failure to comply with the law with regard to those legal requirements in West Virginia (whether federal or state) regarding your organizational structure, any required registration with governmental agencies and/or entities, and any required governmental licensure, whether business, individual, or professional in nature may render your Proposal, in the reasonable discretion of the Evaluation Team, non-responsive and in that event your Proposal may be returned without any consideration or evaluation.

C. RESUMES OF KEY PERSONNEL The Bidder should provide sufficient information to enable the Evaluation Team to understand and evaluate the Bidder’s Team.

Job duties and responsibilities of Key Personnel shall not be delegated to others for the duration of the contract. No substitution of Key Personnel will be allowed for the duration of the project, without prior written approval from the the City. Any request for substitution of Key Personnel shall be accompanied by a formal request letter, and a resume detailing the experience and qualifications of the proposed replacement personnel.

Provide the identity of and information about the Key Personnel listed below. The Key Personnel shall be employed full time by their respective firms at the time of submitting Technical Proposals. Resumes for individuals who are not identified as Key Personnel should not be included in the Technical Proposal.

Project Manager (PM) – This individual shall be responsible for the overall Project design and construction and shall have the necessary expertise and experience required to supervise and exercise a degree of control of the Work. This individual shall have the authority to suspend the work, wholly or in part, to correct conditions unsafe for the employees or the general public, or to correct quality issues.

Construction Superintendent (CS) – This individual will be required to be on the Project site for the duration of all construction operations, shall be responsible for managing the

construction process, to include all Quality Control (QC) activities to ensure the materials used and work performed meet contract requirements and the “approved for construction” plans and specifications. The CS will also be responsible for ensuring proper installation and maintenance of all erosion and sediment control measures per the approved erosion and sediment control plan.

Evaluation Criteria: Extent to which the experience of Key Personnel demonstrates the timely and successful delivery of relevant projects with similar scope and complexity to include the items listed above.

D. EQUIPMENT NARRATIVE Provide a list of heavy equipment and other key physical resources/assets the Bidder and subcontractors intend use to complete the work.

Evaluation Criteria: Extent to which the Bidder demonstrates control of adequate equipment and other physical resources necessary to complete the work.

E. EXPERIENCE OF BIDDER’S TEAM Provide sufficient information to enable the Evaluation Team to understand and assess the experience of the Bidder’s team on projects of similar scope and complexity. The Department intends to select an Bidder which best demonstrates previous experience in the following parameters:

Provide details of three (3) relevant projects of similar size and complexity completed by the Prime Contractor for this Project. For each project, provide the following:

1. Project description; 2. Owner or Project Sponsor’s organization name and Project Manager’s name and

phone and email contact information; and 3. Evidence of on-time and on-budget completion, or an explanation of any deviations

from approved schedule and budget. 4. Evaluation Criteria: Extent to which the experience provided by the Bidder

demonstrates the successful delivery of relevant projects with similar scope and complexity, successful on-time and on-budget performance, and past experience with Key Personnel and subcontractors.

F. REQUIRED FORMS Bidders shall include executed copies of the following required forms in the Technical Proposal. Forms are provided in Appendix C:

1. Contractor’s Bid Form

2. Copy of WV Contractor’s License

3. Certification of Bidder Regarding Compliance with the WV Jobs Act

4. Certification of Receipt of Addenda

5. Non-Collusion Affidavit

6. Disclosure of Interested Parties to Contracts

7. Certification of Eligibility

8. Equal Opportunity Employment Certificate

9. Certification of Non-Segregated Facilities

10. Drug and Alcohol-Free Workplace Affidavit

In addition to the forms listed above, Bidders shall include executed copies of the following required forms in the Technical Proposal for each subconsultant, subcontractor, or any other person or entity on the Bidder’s organizational chart included in the Technical Proposal:

1. Copy of WV Contractor’s License

2. Non-Collusion Affidavit

3. Disclosure of Interested Parties to Contracts

4. Certification Regarding Debarment, Suspension, Ineligibility, or Voluntary Exclusion – Lower Tiered Covered Transaction

5. Equal Opportunity Employment Certificate

6. Certification of Non-Segregated Facilities

7. Drug and Alcohol-Free Workplace Affidavit

If the Bidder and any subconsultant, subcontractor, or any other person or entity are unable to execute the Certification of Eligibility or Certification Regarding Debarment (as applicable), then the prospective participant shall attach an explanation to its Letter of Submittal. Failure to execute the certification will not necessarily result in denial of award, but will be considered in determining the Bidder’s responsibility. Providing false information may result in federal criminal prosecution or administrative sanctions.

EVALUATION OF PROPOSALS This section replaces Section 103.1 of the WVDOH Standard Specifications in its entirety.

A. EVALUATION OF PROPOSALS After the Sealed Price Proposals are opened and read, they will be compared on the basis of the summation of the products of the approximate quantities shown in the bid schedule by the unit bid prices. The results of such comparisons will be made immediately available to the public. In the event of discrepancy between unit bid prices and extensions, the unit bid price shall govern.

During the 2 weeks following the bid opening, the Bidders’ Technical Proposals will be evaluated as to each Bidder’s technical qualifications, project approach, understanding of project risks, and ability to complete the work in a timely manner. Upon completion of the Technical Proposal evaluation, the Evaluation Team will provide a written recommendation to the City of Ranson’s Mayor and City Manager for award of the contract(s) to the lowest responsive and responsible bidder meeting the minimum technical qualifications identified

in the evaluation criteria. The Bidders’ scored evaluation results will be made available to the public upon Notification of Award.

The right is reserved to reject any or all proposals, to waive technicalities or to advertise for new proposals if, in the judgment of the Evaluation Team, the best interests of the City and the Owners of each project element will be promoted.

AWARD AND EXECUTION OF CONTRACT This section replaces Sections 103.2 through 103.10 of the WVDOH Standard Specifications in their entirety.

A. AWARD OF CONTRACT The award of Contract, if it be awarded, will be made within 15 calendar days after the opening of bids to the lowest responsive and responsible bidder meeting the minimum technical qualifications identified in the evaluation criteria. The successful bidder will be notified by letter, mailed to the address shown on their Proposal, that their bid has been accepted and that they have been awarded the Contract.

B. CANCELLATION OF AWARD: The City of Ranson reserves the right to cancel the award of any Contract at any time before the execution of the Contract documents by all parties without any liability against the City or WVDOH.

C. RETURN OF PROPOSAL GUARANTY: All proposal guaranties, except those of the two lowest bidders, will be returned immediately following the opening and checking of the Proposals. The retained proposal guaranty of the unsuccessful of the two lowest bidders will be returned within 10 days following the award of Contract, and that of the successful bidder will be returned after a satisfactory bond has been furnished and the Contract has been executed.

D. REQUIREMENT OF CONTRACT BOND: At the time of the execution of the contract, the successful bidder shall execute and deliver to the City of Ranson a good and sufficient surety or collateral bond payable to the City of Ranson in the amount of 100% of the Contract Price.

The bidder shall also execute and deliver to the West Virginia Division of Highways (WVDOH) District 5 office a good and sufficient surety or collateral bond payable to the West Virginia Division of Highways in the amount of 100% of the Contract Price for all work within WVDOH right-of-way.

E. INSURANCE REQUIREMENTS The Contractor shall be required, in addition to any other form of insurance or bonds required under the terms of the Contract and Specifications, to procure and maintain during the life of the Contract the following types of insurance in the amounts set forth: All such policies of insurance, except for Workers’ Compensation, shall name the City of Ranson, the West Virginia Division of Highways, Toole Design Group, LLC, and Specialized Engineering,

Inc. as additional insured, and shall be occurrence policies. The Certificate of Insurance provided to all parties shall so specify. The policies must provide coverage for all damages arising out of injury to persons or property which allegedly occurred during the life of the contract regardless of when the claim is filed subject to statute of limitations.

1. Contractor’s General Liability Insurance: The Contractor shall maintain commercial general liability (CGL) coverage with limits not less than:

General Aggregate $2,000,000 Products/Completed Operations Aggregate $2,000,000 Personal & Advertising Injury $1,000,000 Each Occurrence* $1,000,000 Fire Damage $50,000 Medical Expense Limit $5,000

*Each Occurrence limit shall be $2,000,000 when performing any operations on or in proximity to the railroad right-of-way, as described in Section R, Railway-Highway Provisions, below.

The CGL shall be written on ISO occurrence form CG 00 01, or equivalent, and shall cover liability arising from premises-operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. There shall be no endorsement or modification of the CGL limiting the scope of coverage for liability arising from explosion, collapse, or underground property damage whenever work involving these exposures are undertaken. The CGL policy shall include endorsements that amend the aggregate limits of insurance to be applicable to each construction project separately.

Contractor shall furnish an ACORD Form 25-S Certificate of Insurance, or its equivalent, with a 30 day notice of cancellation provisions to evidence this CGL coverage.

2. Excess or Umbrella Liability Insurance: In addition to CGL coverage, the Contractor shall maintain excess or umbrella liability coverage with limits not less than:

General Aggregate $3,000,000 Each Occurrence* $3,000,000

Evidence of this coverage can be set forth on the ACORD Form 25-S as specified in Subsection 103.6.1 or approved form

3. Workers’ Compensation–Insurance and Employer’s Liability Insurance: The contractor shall also give evidence for Workers’ Compensation Insurance and Employers Liability Insurance, with a 30-day notice of cancelation. The benefits provided under the Workers’ Compensation shall be benefits prescribed by West Virginia Code. The Employer’s Liability policy must include coverage to protect the contractor for claims brought under Section 23-4-2(d)(2)(ii) of West Virginia Code. The limits of insurance under this section shall be as follows:

Each Accident $1,000,000 Each Disease $1,000,000 Each Disease/Employee $1,000,000

Evidence of this coverage can be set forth on the ACORD Form 25-S as specified in Subsection 103.6.1 or approved form and shall indicate that West Virginia statutory Workers Compensation coverage is included.

4. Automobile Insurance: The Contractor shall furnish evidence, with a 30-day notice of cancellation, to the state that it maintains an Insurance Services Office Commercial Automobile Liability insurance policy Form CA0001 or its equivalent. The policy shall include coverage for owned, non-owned, and hired vehicles.

The limits for liability insurance must be at least $1,000,000 combined single limit. Evidence for the coverage shall be set forth on an ACORD Form 25-S Certificate of Liability Insurance.

5. Steam Boiler Insurance: In event steam boilers are used on the work, the Contractor shall furnish evidence that the Contractor carries in their own behalf standard Steam Boiler Insurance having an aggregate limit of not less than $250,000.

The insurance specified shall be carried until all work required to be performed under the terms of the Contract is satisfactorily completed as evidenced by the formal acceptance of the State.

6. Countersignature of West Virginia Agent: The policy or policies of Insurance required must be countersigned by an Agent Licensed in West Virginia, in accordance with the applicable statute of the State of West Virginia.

All certificates of insurance used to verify the policies issued must be endorsed by an Agent Licensed in West Virginia. Such endorsement must include the printed name, street address, city, zip code and West Virginia license number of the Agent.

F. SPECIAL BONDS AND INSURANCE: When the work is of such nature that special bond or insurance is required, the special requirements will be detailed and included in the Solicitation for the project. This coverage could include, but not be limited to, builder’s risk, installation floater, maritime exposures, environmental exposures, and professional liability.

G. EXECUTION OF CONTRACT: The Contract shall be executed by the bidder to whom the Contract has been awarded, the bond executed by the principal and the sureties, and the Contract and bond returned to the City of Ranson within 10 days after the date of the notice of the award.

H. FAILURE TO EXECUTE CONTRACT: Failure by the bidder to execute the Contract and file acceptable bond within 10 days after notice of award shall be just cause for the annulment of the award; and it is understood by the bidder, in the event of such an annulment of award or the Contract, that the amount of the guaranty deposited with the Proposal will be retained by the City. Award may then be made to the next lowest responsible bidder, or the work may

be re-advertised and constructed under contract or otherwise, as the City of Ranson, in consultation with the respective owners and funding agencies, may decide.

I. PRECONSTRUCTION CONFERENCE: As soon as possible after the award of each Contract a preconstruction conference will be arranged by the City of Ranson. The Contractor, their superintendent, or an authorized agent shall be present at the conference and shall present the proposed schedule of work, list of proposed subcontractors, if any, and a list of suppliers from whom materials are anticipated to be purchased. The information so presented shall be on forms submitted to the Contractor with the letter of contract award. The City of Ranson will make arrangements for utility representatives to be present.

SCOPE OF WORK This section replaces Section 104 of the WVDOH Standard Specifications in its entirety.

A. INTENT OF CONTRACT The intent of the Contract is to provide for the construction and completion in every detail of the work described. The Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies required to complete the work in accordance with the Plans, Specifications, and terms of the Contract.

Should any misunderstanding arise as to the intent or meaning of the Contract, or any discrepancy appear, the decision of the City shall be final.

B. ALTERATION OF PLANS OR CHARACTER OF WORK Under no circumstances shall alterations of Plans or the nature of the work involve work beyond the termini of the proposed construction except as may be necessary to satisfactorily complete the project.

In addition to the above, alterations in Plans or increased quantities of items may be made necessary at a time when the contract or the items involved in the operations are substantially completed, the related contractor organization demobilized, and related equipment essentially removed from the project. Under these circumstances, if it is demonstrated that the unit cost to the Contractor has increased, additional compensation may be allowed by the City of Ranson Project Manager and the additional work performed as prescribed in Section C, below, as "Extra Work."

Any adjustment in compensation because of a change(s) resulting from one or more of the conditions described above will be made in accordance with the provisions of 109.3. Any adjustment in contract time because of such change(s) will be made in accordance with the provisions of 108.6.

C. EXTRA WORK The Contractor shall perform unforeseen work for which there is no price included in the Contract, whenever it is deemed necessary or desirable in order to complete fully the work as contemplated. The work shall be performed in accordance with the Specifications and as directed, and will be paid for as provided by a written

supplemental agreement on a unit price or lump sum basis. In the event the City of Ranson Project Manager and the Contractor are unable to agree upon the terms of the supplemental agreement, the Contractor shall proceed with the work and receive payment therefore in the manner and amount prescribed in 109.4.

D. MAINTENANCE OF TRAFFIC The Project, while undergoing improvement, shall be kept open to all traffic by the Contractor in such condition that both local and through traffic will be adequately and safely accommodated. All construction operations shall be scheduled to keep traffic delay to a minimum. The Contractor shall follow the traffic control plans included in the Contract Documents and the handbook, "Manual on Temporary traffic Control for Streets and Highways," published by the West Virginia Division of Highways.

All expenses for the following items shall be borne by the Contractor without extra compensation:

1. The construction and maintenance of temporary detours, temporary structures, temporary approaches, crossings and intersections with streets and roads, including the furnishing and application of aggregates for maintenance of traffic and liquid asphalt oil, calcium chloride, or water for use as dust palliative.

2. The furnishing of flaggers and pilot trucks and drivers.

3. The furnishing, erection, and maintenance of warning devices, such as signs, auxiliary barriers, channelizing devices, hazard warning lights, barricades, flares and reflective markers.

If actual field conditions are not illustrated in the Plans, engineering judgment and discretion shall be exercised to select devices that will be adaptable, but the general policies prescribed shall be adhered to. Final responsibility for the installation of adequate safety devices for the protection of the traveling public and employees, as well as for the safeguard of the work in general, shall rest with the Contractor.

During any suspension of work, the Contractor shall make passable and shall open to traffic such portions of the project and temporary roadways or portions thereof as may be agreed upon between the Contractor and the City of Ranson Project Manager for the temporary accommodation of necessary traffic during the anticipated period of suspension. Thereafter, and until an issuance of an order for the resumption of construction operations, the maintenance of the temporary route or line of travel agreed upon will be by and at the expense of the Contractor. When work is resumed, the Contractor shall replace or renew any work or materials lost or damaged because of such temporary use of the project and shall remove, to the extent directed by the City of Ranson Project Manager, any work or materials used in temporary maintenance thereof, and shall complete the project in every respect as though its prosecution had been continuous and without interference. All additional work caused by such suspensions, for reasons beyond the control of the Contractor, will be paid for by the City of Ranson at contract prices or by extra work.

E. INSPECTION AND TESTING The Contractor shall furnish a third-party inspection and testing firm too meet all inspection and testing requirements of the Standard Specifications. In addition, the contractor shall bear the cost of all inspection and testing required by authorities having jurisdiction. Costs for inspection and testing shall be included in the unit cost of each bid item as applicable.

F. RIGHTS IN AND USE OF MATERIALS FOUND ON THE PROJECT The Contractor, with the approval of the City of Ranson Project Manager, may use on the project such stone, gravel, sand, or other material determined suitable by the City of Ranson Project Manager, as may be found in the excavation and will be paid both for the excavation of such materials at the corresponding contract unit price and for the pay item for which the excavated material is used. The Contractor shall replace at their own expense with other acceptable material all of that portion of the excavation material so removed and used which was needed for use in the embankments, backfills, approaches, or otherwise. No charge for the material so used will be made against the Contractor. The Contractor shall not excavate or remove any material from within the highway location which is not within the grading limits, as indicated by the slope and grade lines, without written authorization from the City of Ranson Project Manager.

Unless otherwise provided in the Contract, the material from any existing old structures and pipes shall become the property of the Contractor and shall be removed from the project.

G. FINAL CLEAN UP Before final acceptance is made, the Contractor shall clear the highway, waste areas, borrow pits, and all ground occupied by the Contractor during the construction, of all rubbish, excess materials, temporary structures and equipment. The Contractor shall restore in an acceptable manner all property, both public and private, which has been damaged during the prosecution of the work; and shall leave the highway in a neat and presentable condition in accordance with applicable laws of the State. All excavated material or falsework shall be removed, and all material shall be compacted to the level of the original surface.

H. DIFFERING SITE CONDITIONS During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for the contract, are encountered at the site, the party discovering such conditions shall immediately notify the City of Ranson Project Manager in writing of the specific differing conditions before they are disturbed and before the affected work is performed.

Upon written notification, the City of Ranson Project Manager will investigate the conditions, and if the City of Ranson Project Manager determines that the conditions

materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding loss of anticipated profits, will be made and the contract modified in writing accordingly. The City of Ranson Project Manager will notify the Contractor of their determination whether or not an adjustment of the contract is warranted.

No contract adjustment which results in a benefit to the Contractor will be allowed unless the Contractor has provided the required written notice.

The Contractor shall immediately notify the City of Ranson Project Manager of alleged changes to the Contract due to differing site conditions, extra work, altered work beyond the scope of the Contract, or action(s) taken by the City that changed the Contract terms and conditions.

1. No further work is to be performed or Contract item expense incurred with relation to the claimed change after the date the change allegedly occurred unless directed otherwise in writing, or orally and followed up in writing in 48 hours, by the City of Ranson Project Manager.

2. Immediately notify the City of Ranson Project Manager verbally of the alleged change or extra work occasioned by site conditions or actions by the City, and in writing within five calendar days of the date the alleged change or action was noted. Thereafter, the Contractor shall provide the following information to the City of Ranson Project Manager in writing within 10 calendar days of the written notice:

a. The date of occurrence and the nature and circumstances of the occurrence that constitute a change.

b. Name, title, and activity of each City and Owner representative knowledgeable of the claimed change.

c. Identify any documents and the substance of any oral communication involved in the claimed change.

d. Basis for a claim of accelerated schedule performance.

e. Basis for a claim that the work is not required by the Contract.

f. Particular elements of Contract performance for which additional compensation may be sought under this Section including:

i. Pay item(s) that has been or may be affected by the claimed change.

ii. Labor or materials, or both, that will be added, deleted, or wasted by the claimed change and what equipment will be idled or required.

iii. Delay and disruption in the manner and sequence of performance that has been or will be caused.

iv. Adjustments to Contract price(s), delivery schedule(s), staging, and Contract time estimated due to the claimed change.

v. Estimate of the time within which the City or Ownership Team must respond to the notice to minimize cost, delay, or disruption of performance.

3. Following submission of the notification to the City of Ranson Project Manager, and in the absence of directions received to the contrary from an authorized representative of the City or Ownership Team, the Contractor shall continue diligent prosecution of the work under the Contract to the maximum extent possible.

4. Within 10 calendar days after receipt of the written notice and required information, the City of Ranson Project Manager shall respond in writing to the Contractor to:

a. Confirm that a change occurred and, when necessary, direct the method and manner of further performance, or

b. Deny that a change occurred and, when necessary, direct the method and manner of further performance, or

c. Advise the Contractor that adequate information has not been submitted to decide whether (1) or (2) applies, and indicate the needed information and date it is to be received by the City of Ranson Project Manager for further review. The City and Ownership Team will respond to such additional information within 15 calendar days of receipt from the Contractor.

I. SUSPENSION OF WORK ORDERED BY THE CITY PROJECT MANAGER If the performance of all or any portion of the work is suspended or delayed by the City of Ranson Project Manager in writing for an unreasonable period of time (not originally anticipated, customary or inherent in the construction industry) and the Contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the Contractor shall submit to the City of Ranson Project Manager in writing a request for adjustment within seven (7) calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment.

Upon receipt, the City of Ranson Project Manager will evaluate the Contractor's request. If the City of Ranson Project Manager agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the Contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the City of Ranson Project Manager will make an adjustment (excluding profit) and modify the contract in writing accordingly. The Contractor will be notified of the City of Ranson Project Manager's determination whether or not an adjustment of the contract is warranted.

No contract adjustment will be allowed unless the Contractor has submitted the request for adjustment within the time prescribed.

No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract.

J. SIGNIFICANT CHANGES IN THE CHARACTER OF WORK: The City of Ranson Project Manager reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project. Such changes in quantities and alterations shall not invalidate the contract nor release the surety, and the Contractor agrees to perform the work as altered.

If the alterations or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work cause such other work to become significantly different in character, an adjustment, excluding anticipated profit, will be made to the contract. The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the Contractor in such amount as the City of Ranson Project Manager may determine to be fair and equitable.

If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided elsewhere in the contract.

The term "significant change" shall be construed to apply only to the following circumstances:

1. When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction; or

2. When a major item of work, (any item having an original contract value in excess of 10 percent of the original contract amount or $50,000 dollars), is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed.

K. FUNDING SOURCE IDENTIFICATION SIGNS General: No funding source identification sign is required for this project.

TECHNICAL REQUIREMENTS AND CONTROL OF WORK A. NORMAL WORKING HOURS

All work must be performed between the hours of 7:00 a.m. and 6:00 p.m. on weekdays, and 8:00 a.m. to 5:00 p.m. on Saturdays. No blasting is allowed. No work may be performed on legal holidays.

Work may be performed outside of the specified days and hours only with the advanced notice to and written approval by the City of Ranson. Night work will not be allowed in residential areas.

B. NIGHT WORK Work outside of the normal working days and hours listed will not be permitted unless written permission is obtained from the City of Ranson.

C. NOISE The Contractor shall be subject to the City of Ranson noise ordinance, as delineated in Chapter 14, Article 1, Section 14-13 through 14-15 of the City of Ranson Code of Ordinances, and to the restrictions on noise levels as indicated therein, except as permitted by a variance.

D. WORK AND STORAGE SPACE This section modifies Section 106.5 of the Standard Specifications.

All materials shall be stored at approved locations within the limits of disturbance delineated on the plans. Storage of materials on adjacent private property may be allowed with prior written consent of the both the property owner and impacted tenant(s). All materials storage outside the limits of disturbance must be protected with appropriate erosion and sediment control measures, meeting the requirements of the West Virginia Department of Environmental Protection’s, “Erosion and Sediment Control Best Management Practice Manual.” Any necessary modifications to the project’s erosion and sediment control permit that arise from the Contractor’s chosen method of materials storage shall be the responsibility of the contractor. The contractor shall process necessary permit modifications at no additional charge to the City of Ranson.

E. CONSTRUCTION SCHEDULING This section modifies Section 108.3 of the Standard Specifications.

The Contractor shall submit a detailed Construction Schedule per the requirements of Section 108.3 of the Standard Specifications within 10 days of Contract Award. The Contractor shall address City comments and shall provide a revised Construction Schedule within 20 days of Contract Award. Upon acceptance by the City, the Schedule shall become the official project schedule, and shall become the basis for future schedule updates.

F. PROJECT SECURITY The Contractor shall secure the work site and shall implement appropriate measures to prevent access by unauthorized personnel or the public at all times.

G. HEALTH AND SAFETY PLAN This section modifies Section 107.7.1 of the Standard Specifications.

The Contractor shall submit a detailed Health and Safety Plan, meeting the requirements of Section 1107.7.1 of the Standard Specifications, within 10 days of Contract Award.

H. AS-BUILT DRAWINGS The contractor shall maintain a redlined copy of the project plans onsite, and up to date at all times. Redlines shall include labels indicating conformance with required dimensions, materials, of construction, lines, and grades. Where the as-built condition differs from the original plans, the existing dimension or label shall be stricken out, and the as-built information provided adjacent.

Upon final acceptance of all work by the Owner, the Contractor shall provide a high-quality (300 dots per inch, or better), legible, scanned image of each drawing in PDF format, on a thumb drive or other electronic media for use by the City. Each drawing shall include the preparer’s name, signature, and the date the record drawing was completed.

LEGAL REQUIREMENTS A. WEST VIRGINIA JOBS ACT

If the Contract Bid Amount is equal to or greater than $500,000 the West Virginia Jobs Act (Chapter 21 Article 1C of the West Virginia Code) and the following shall apply:

1. The Prime Contractor and all Subcontractors are required to hire at least 75% of the workers for the project from the local labor market. The local labor market as defined by the Act includes all counties in West Virginia and any county outside of West Virginia if any portion of that county is within fifty (50) miles of the West Virginia border. Each employer is permitted to have at least two workers from outside the local labor market. If workers are not available from inside the local labor market, the contractor shall obtain an employment wavier certificate from the local office of the West Virginia Job Service.

2. The Prime Contractor and all Subcontractors who work onsite shall provide to the City of Ranson a certified payroll and all employment waiver certificates for each week worked. The certified payroll must contain the County and State of residence for each employee.

3. All subcontracts shall contain provisions conforming to the requirements of this Act. Any contractor or subcontractor found to be in violation of any provision of the Act will be subject to a civil penalty of one hundred dollars per day of violation. The West Virginia Division of Labor is responsible for establishing procedures for the collection of civil penalties.

B. DEBARMENT Contractors and subcontractors debarred pursuant to Chapter 5A Article 3, Section 33 of the West Virginia Code shall not be eligible to bid on this project. The Prime Contractor shall certify the contracting team’s eligibility to bid on the contract by including and executed copy of the Certification of Eligibility form, and by requiring each proposed Subcontractor to provide an executed Certification Regarding Debarment, Suspension, Ineligibility, or Voluntary Exclusion – Lower Tiered Covered Transaction form. Both forms are included in Appendix C.

C. CONFLICT OF INTEREST/DISCLOSURE OF INTERESTED PARTIES Pursuant to Chapter 6D, Article 1of the West Virginia Code, each business entity who is a member of the Bidder’s contracting team who is expected to perform work under this contract that has an actual or estimated value of $100,000.00 shall fill out a Disclosure of Interested Parties Form, included in Appendix C. In addition, the business entity awarded a contract is obligated to submit a supplemental disclosure form listing any new or differing interested parties within 30 days following the completion or termination of the contract.

D. PROTESTS Protest of a bid solicitation or contract award must be submitted no later than five (5) working days after the award. The Bidder is responsible for knowing the bid opening and award dates. Protests received after these dates may be rejected at the option of the City of Ranson Project Manager.

All protests shall be submitted in writing to the City of Ranson’s Project Manager, and shall contain the following information:

1. Name and address of the protestor;

2. Requisition, purchase order or contract numbers;

3. A statement of the grounds of protest;

4. Supporting documentation, if necessary; and

5. A description of the resolution or relief sought.

Failure to submit this information shall be grounds for rejection of the protest.

E. APPROVAL OF SUBCONTRACTORS Pursuant to Chapter 21, Article 11, Section 11 of the West Virginia Code, the Bidder’s Technical Proposal shall contain a listing of all subcontractors anticipated to perform work on the project. Each subcontractor shall furnish his or her contractor’s license number to the Bidder for inclusion in the Technical Proposal. If an apparent low bidder for a public improvement project, as defined in Chapter 21, Article 1D of the West Virginia Code fails to submit a license number in accordance with this section, the City of Ranson, shall promptly request by telephone and electronic mail that the low bidder and the second low bidder provide the license number within one business day of the request. Failure of the bidder to provide the license number within one business day of receiving the request shall result in disqualification of the bid.

APPENDIX A – BID OPENING REQUIREMENTS CHECKLIST

OAK LEE DRIVE PARTIAL ROADWAY RECONSTRUCTION PROJECT

THE CITY OF RANSON, WEST VIRGINIA

A two-envelope system will be used. Envelope No. 1 must have the following information presented on the front:

Name and address of Bidder Bid on Northport Avenue Extension Project City of Ranson, West Virginia

Envelope No. 2 must be labeled “Bid Proposal,” and shall be placed inside of Envelope #1.

Envelope No. 1 will be opened first and the Bid Opening Requirement items checked for compliance as outlined on the Bid Opening Checklist included below. If such documents are found to be in order, Envelope No. 2 “Bid Proposal”, will then be opened and will be publicly read aloud. If the documents required to be contained in Envelope No. 1 are not in order, Envelope No. 2 “Bid Proposal” will not be opened and the Bid will be considered non-responsive and will be returned to the Bidder.

BID OPENING REQUIREMENTS CHECKLIST

Check if

Item completed

1. Bid submitted on time ______

2. Bid Bond ______

3. Contractor’s Bid Form (enclosed in sealed Envelope No. 2) ______

4. Copy of WV Contractor’s License (Contractor and all Subcontractors) ______

5. Certification of Bidder Regarding Compliance with the WV Jobs Act ______

6. Certification of Receipt of Addenda (Contractor and all Subcontractors) ______

7. Non-Collusion Affidavit (Contractor and all Subcontractors) ______

8. Disclosure of Interested Parties to Contracts (Contractor and all ______

Subcontractors)

9. Equal Opportunity Employment Certificate (Contractor and all ______

Subcontractors)

10. Certification of Non-Segregated Facilities (Contractor and all Subcontractors) ______

11. Certification of Eligibility (Contractor) ______

12. Certification Regarding Debarment, Suspension, Ineligibility, or Voluntary ______

Exclusion – Lower Tiered Covered Transaction

13. Drug and Alcohol-Free Workplace Affidavit (Contractor and all ______

Subcontractors)

14. Qualification Statement ______

APPENDIX B – BID FORM

TABLE OF CONTENTS

Page

ARTICLE 1 – Bid Recipient ............................................................................................................................. 3

ARTICLE 2 – Bidder’s Acknowledgements ..................................................................................................... 3

ARTICLE 3 – Bidder’s Representations .......................................................................................................... 3

ARTICLE 4 – Bidder’s Certification................................................................................................................. 4

ARTICLE 5 – Basis of Bid ................................................................................................................................ 5

ARTICLE 6 – Time of Completion ................................................................................................................. 10

ARTICLE 7 – Attachments to this Bid........................................................................................................... 10

ARTICLE 8 – Bid Submittal ........................................................................................................................... 11

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ARTICLE 1 – BID RECIPIENT

1.01 This Bid is submitted to:

The City of Ranson 312 S. Mildred Street Ranson, WV 25438

1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with the City of Ranson in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

ARTICLE 2 – BIDDER’S ACKNOWLEDGEMENTS

2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 90 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

ARTICLE 3 – BIDDER’S REPRESENTATIONS

3.01 In submitting this Bid, Bidder represents that:

A. Bidder has examined and carefully studied the Bidding Documents, and any data and reference items identified in the Bidding Documents, and hereby acknowledges receipt of the following Addenda:

Addendum No. Addendum, Date

B. Bidder has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfied itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

C. Bidder is familiar with and has satisfied itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work.

D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Bidding Documents, especially with respect to technical data in such reports and drawings.

E. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and any Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance

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of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder’s safety precautions and programs.

F. Bidder agrees, based on the information and observations referred to in the preceding paragraphs, that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents.

G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents.

H. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and confirms that the written resolution thereof by Engineer is acceptable to Bidder.

I. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work.

J. The submission of this Bid constitutes an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, and that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

ARTICLE 4 – BIDDER’S CERTIFICATION

4.01 Bidder certifies that:

A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation;

B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid;

C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and

D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.01.D:

1. “corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process;

2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition;

3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and

4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.

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ARTICLE 5 – BASIS OF BID

5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s):

Item No. Description WVDOH

ITEM NO. Unit Estimated Quantity

Bid Unit Price Bid Price

BASE BID ITEMS

1 CLEARING AND GRUBBING 201001-001 AC 1.21

2 MOBILIZATION 204001-000 LS 1

3 UNCLASSIFIED EXCAVATION

207001-001 CY 3,888

4 SUBGRADE (6") 207002-001 CY 38

5 SUBGRADE (12") 207002-002 CY 815

6 FABRIC FOR SUBGRADE STABILIZATION

207033-001 SY 2,536

7 UNCLASSIFIED BORROW EXCAVATION

211001-001 CY 2,000

8 AGGREGATE BASE COURSE, CLASS 1 (15" THICKNESS)

307001-000 CY 1057

9 3.5" SUPERPAVE BASE CRSE, SG, TY 25 401001-040 TN 477

10 2" SUPERPAVE SKID PVT, SG, TY 9.5

402001-040 TN 272

11 STANDARD MILLING (2" DEPTH)

415005-001 SY 264

12 10" HIGH EARLY STRENGTH CONCRETE PAVEMENT RE

501005-011 SY 116

13 RESET TYPE E INLET 605007-001 EA 3

14 RESET 16-INCH WATER VALVE

N/A EA 2

15 RESET 12-INCH WATER VALVE

N/A EA 1

16 CONCRETE SIDEWALK 609001-001 SY 187

17 BED COURSE MATERIAL 609002-001 CY 21

18 CURB RAMP 609001-001 EA 10

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Item No. Description WVDOH

ITEM NO. Unit Estimated Quantity

Bid Unit Price Bid Price

19 PLAIN CONCRETE CURBING, TYPE I

610001-001 LF 1,093

20 PLAIN CONCRETE CURBING, TYPE II

610001-001 LF 65

21 COMBINATION CONCRETE CURB AND GUTTER, TYPE I

610003-001 LF 752

22 ERADICATION OF PAVEMENT MARKING 636007-001 LF 380

23 TEMPORARY PAVEMENT MARKING - PAINT

636008-001 LF 300

24 TRAFFIC CONTROL DEVICE

636011-001 EA 139

25 TEMPORARY BARRIER TL-1, I

636017-004 LF 580

26 SAFETY FENCE (Orange plastic)

LF 1,070

27 REMOVE AND RESET TEMPORARY BARRIER

636018-001 LF 400

28 WARNING LIGHTS 636025-001 EA 35

29 TEMPORARY IMPACT ATTENUATING DEVICE

636060-001 EA 2

30 CONSTRUCTION LAYOUT STAKE AND AS-BUILT 639001-001 LS 1

31 SEED MIXTURE, B 642004-002 LB 167

32 MULCH, STRAW OR HAY 642005-001 TN 1.1

33 INLET PROTECTION 642040-001 EA 6

34 DEWATERING DEVICE 642050-001 EA 3

35 STONE CONSTRUCTION ENTRANCE

CY 101

36 SILT FENCE LF 558

37 FURNISHING AND PLACING TOPSOIL 651001-001 CY 185

38 TREE, ORNAMENTAL 654002-001 EA 2

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Item No. Description WVDOH

ITEM NO. Unit Estimated Quantity

Bid Unit Price Bid Price

39 SHRUB ORNAMENTAL 654002-002 EA 75

40 PLANT, FLOWERING, ANNUAL

654002-003 EA 75

41 CITY STANDARD BREAKAWAY SIGN POST, INSTALLED

N/A LF 51

42 CLASS B CONCRETE FOOTING, PLAIN

657016-001 EA 4

43 POST REMOVAL 657018-001 EA 3

44 0.080 INCH FLAT SHEET SIGN

661001-001 SF 13

45 POLYVINYLCHLORIDE CONDUIT 662003-001 LUMP

SUM 1

46 RELOCATE JUNCTION BOX , TYPE "TYPE"

662006-001 EACH 6

47 RELOCATE EX POLE AND LUMINAIRE

662007-001 EACH 6

48 REPLACE EX POLE AND LUMINAIRE

N/A EA 2

49 REPLACE CABLE 662008-001 LUMP SUM

1

50 RELOCATE LIGHTING SUPPORT, TYPE "TYPE"

662010-001 EACH 6

51 INCIDENTAL ELECTRICAL WORK

662014-001 LUMP SUM

1

52 ELECTRICAL TEST 662015-001 LUMP SUM

1

53 LANE LINE, TYPE V, 4-INCH, WHITE 663001-010 LF 167

54 CENTERLINE, TYPE V, 4-INCH, YELLOW

663002-042 LF 596

55 STOP LINE, TYPE V, 24-INC

663005-011 LF 56

56 CROSSWALK LINE, TYPE V, 12-INCH X 8 FT

663006-010 EA 350

57 YIELD TRIANGLE, TYPE V 663008-010 EA 5

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Item No. Description WVDOH

ITEM NO. Unit Estimated Quantity

Bid Unit Price Bid Price

58 ONE DIRECTION LANE ASSIGNMENT ARROW, TYPE V

663010-010 EA 6

59 MULTI DIRECTIONAL LANE ASSIGNMENT ARROW, TYPE V

663010-011 EA 7

CONTINGENT BID ITEMS

C-1 REMOVE AND REINSTALL 15-INCH REINFORCED CONCRETE PIPE - STORM DRAIN

604037-001 LF 31

C-2 REMOVE AND REINSTALL 18-INCH REINFORCED CONCRETE PIPE - STORM DRAIN

604037-002 LF 87

C-3 REMOVE AND REINSTALL 60-INCH REINFORCED CONCRETE PIPE - STORM DRAIN

604037-003 LF 76

C-4 12 INCH POLYVINYLCHLORIDE PIPE - WATER LINE

670007-001 LF 232

C-5 16 INCH POLYVINYLCHLORIDE PIPE - WATER LINE

670007-002 LF 367

C-6 REMOVE AND REINSTALL 8 INCH POLYVINYLCHLORIDE PIPE - SEWER LINE

675007-001 LF 119

C-7 REPLACE 16 INCH WATER VALVE

N/A EA 2

C-7 REPLACE 12 INCH WATER VALVE

N/A EA 2

ADDITIVE BID ALTERNATE 1

A1-1 PLAIN CONCRETE CURBING, TYPE II

610001-001 LF 308

ADDITIVE BID ALTERNATE 2

A2-1 LANE LINE, TYPE V, 4-INCH, WHITE 663001-010 LF 563

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Item No. Description WVDOH

ITEM NO. Unit Estimated Quantity

Bid Unit Price Bid Price

A2-2 STOP LINE, TYPE V, 24-INC

663005-011 LF 102

A2-3 CROSSWALK LINE, TYPE V, 12-INCH X 8 FT

663006-010 EA 644

A2-4 ONE DIRECTION LANE ASSIGNMENT ARROW, TYPE V

663010-010 EA 8

A2-5 MULTI DIRECTIONAL LANE ASSIGNMENT ARROW, TYPE V

663010-011 EA 2

ADDITIVE BID ALTERNATE 3

A3-1 2" SUPERPAVE SKID PVT, SG, TY 9.5

402001-040 TN 471

A3-2 STANDARD MILLING (2" DEPTH)

415005-001 SY 4183

Total of All Unit Price Bid Items $

Bidder acknowledges that (1) each Bid Unit Price includes an amount considered by Bidder to be adequate to cover Contractor’s overhead and profit for each separately identified item, and (2) estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all unit price Bid items will be based on actual quantities, determined as provided in the Contract Documents.

Total of Unit Price Bids = Total Bid Price $

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ARTICLE 6 – TIME OF COMPLETION

6.01 Bidder agrees that the Work will be substantially complete within the durations noted below, beginning at Notice to Proceed and ending with final acceptance by the City of Ranson. All construction shall be complete and ready for final payment in accordance with Section 109.8 of the Standard Specifications on or before October 1, 2019.

A. Physical construction may not begin until the ambient temperature has reached a point where the ground can fully thaw. For the purposes of bidding, April 1, 2019 is anticipated as the start date for physical construction. The City of Ranson will issue notice to proceed no later February 25, 2019 to allow the selected contractor to begin preparation of submittals and other preconstruction activities.

B. The work designated as the base bid shall be substantially completed within 60 calendar days from Notice to Proceed. If exercised, bid alternates shall extend the duration of the base bid no more than an additional 10 working days. Contingent bid items shall extend the duration of the base bid no more than:

C. Parallel water line construction: 30 calendar days

D. Sewer line resetting: 10 calendar days

E. Storm Drain resetting: 20 calendar days

F. Durations for each bid alternate and contingent bid item exercised by the City of Ranson shall be added to the duration of the base bid to determine total Contract Time allowed. Bid alternates and contingent bid items must be exercised in writing by the City of Ranson.

6.02 Bidder accepts the provisions of the Standard Specifications as to liquidated damages.

ARTICLE 7 – ATTACHMENTS TO THIS BID

7.01 The following documents are submitted with and made a condition of this Bid:

A. Required Bid security;

B. List of Proposed Subcontractors;

C. List of Proposed Suppliers;

D. List of Project References;

E. Evidence of authority to do business in the city and state of the Project; or a written covenant to obtain such license within the time for acceptance of Bids;

F. Contractor’s License No.: __________;

G. Required Bidder Technical Proposal with supporting data.

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ARTICLE 8 – BID SUBMITTAL

BIDDER: [Indicate correct name of bidding entity]

By: [Signature]

[Printed name] (If Bidder is a corporation, a limited liability company, a partnership, or a joint venture, attach evidence of authority to sign.)

Attest: [Signature]

[Printed name]

Title:

Submittal Date:

Address for giving notices:

Telephone Number:

Fax Number:

Contact Name and e-mail address:

Bidder’s License No.:

(where applicable)

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BID BOND

EJCDC® C-625, Certificate of Substantial Completion. Prepared and published 2013 by the Engineers Joint Contract Documents Committee.

Page 15

BID BOND

Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable.

BIDDER (Name and Address):

SURETY (Name, and Address of Principal Place of Business):

OWNER (Name and Address):

BID

Bid Due Date:

Description (Project Name— Include Location):

BOND

Bond Number:

Date:

Penal sum $

(Words) (Figures)

EJCDC® C-625, Certificate of Substantial Completion. Prepared and published 2013 by the Engineers Joint Contract Documents Committee.

Page 16

Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative.

BIDDER SURETY

(Seal) (Seal)

Bidder’s Name and Corporate Seal Surety’s Name and Corporate Seal

By: By:

Signature Signature (Attach Power of Attorney)

Print Name Print Name

Title Title

Attest: Attest:

Signature Signature

Title Title

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder’s and Surety’s liability. Recovery of such penal sum under the terms of this Bond shall be Owner’s sole and exclusive remedy upon default of Bidder.

2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents.

EJCDC® C-625, Certificate of Substantial Completion. Prepared and published 2013 by the Engineers Joint Contract Documents Committee.

Page 17

3. This obligation shall be null and void if:

3.1 Owner accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or

3.2 All Bids are rejected by Owner, or

3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof).

4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due.

5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from the Bid due date without Surety’s written consent.

6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after the Bid due date.

7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located.

8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned.

9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby.

10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect.

11. The term “Bid” as used herein includes a Bid, offer, or proposal as applicable.

APPENDIX C - REQUIRED FORMS

OAK LEE DRIVE PARTIAL ROADWAY RECONSTRUCTION PROJECT

CITY OF RANSON, WV

CERTIFICATION OF RECEIPT OF ADDENDA

In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that Bidder has examined copies of all the Contract Documents and the following addenda:

Date Number

_____________________________________________________________________________________

Signature Date

_____________________________________________________________________________________

Name and Title of Signer

(Please Type)

CERTIFICATION OF NONSEGREGATED FACILITIES

(Applicable to contracts, subcontracts, and agreements with Applicants who are themselves

performing federally assisted construction contracts, exceeding $10,000 which are not exempt

from the provisions of the Equal Opportunity clause.)

By the submission of this bid, the bidder, offeror, applicant, or subcontractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. He certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The bidder, offeror, applicant, or subcontractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contact. As used in this certificate, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation and entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or other wise. He further agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontract exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause; that he will retain such certifications in his files, and that he will forward the following notice to such proposed subcontractors (except where the proposed subcontractors have submitted identical certifications for specific time periods).

_____________________________________________________________________________

(Signature) (Date)

______________________________________________________________________________

(Name and Title of Signer — Please Type)

OAK LEE DRIVE PARTIAL ROADWAY RECONSTRUCTION PROJECT

CITY OF RANSON, WV

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS

PRIMARY COVERED TRANSACTIONS

Contractors and subcontractors debarred pursuant to Chapter 5A Article 3, Section 33 of the West Virginia Code are not eligible to bid on this project. The Contractor shall certify the contracting team’s eligibility to bid on the contract by including an executed copy of the Certification of Eligibility form, and by requiring each proposed Subcontractor to provide an executed Certification Regarding Debarment, Suspension, Ineligibility, or Voluntary Exclusion – Lower Tiered Covered Transaction form.

(1) The prospective primary participant certifies to the best of its knowledge and belief that it and its principals:

a. Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any State or Federal department or agency;

b. Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and

d. Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default.

(2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective primary participant shall attach an explanation to this proposal.

____________________________________________________________________________________

Business Name Date

By

______________________________________ ______________________________________

Name and Title of Authorized Representative Signature of Authorized Representative

OAK LEE DRIVE PARTIAL ROADWAY RECONSTRUCTION PROJECT

CITY OF RANSON, WV

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION

LOWER TIER COVERED TRANSACTIONS

Contractors and subcontractors debarred pursuant to Chapter 5A Article 3, Section 33 of the West Virginia Code are not eligible to bid on this project. The Contractor shall certify the contracting team’s eligibility to bid on the contract by including an executed copy of the Certification of Eligibility form, and by requiring each proposed Subcontractor to provide an executed Certification Regarding Debarment, Suspension, Ineligibility, or Voluntary Exclusion – Lower Tiered Covered Transaction form.

(1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from participation in this transaction by any State or Federal department or agency.

(2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

____________________________________________________________________________________

Business Name Date

By

______________________________________ ______________________________________

Name and Title of Authorized Representative Signature of Authorized Representative

APPENDIX D – CONTRACTOR’S QUALIFICATIONS

This document is a MODIFIED version of EJCDC® C-451, Copyright © 2013 by the National Society of Professional Engineers, American Society of Civil Engineers, and American Council of Engineering Companies, or is based in part on excerpts from EJCDC documents. Those

portions of the text that originated in published EJCDC documents remain subject to the copyright. Page 1

QUALIFICATIONS STATEMENT

THE INFORMATION SUPPLIED IN THIS DOCUMENT IS CONFIDENTIAL TO THE EXTENT PERMITTED BY LAWS AND REGULATIONS

1. SUBMITTED BY:

Official Name of Firm:

Address:

2. SUBMITTED TO:

3. SUBMITTED FOR:

Owner:

Project Name:

TYPE OF WORK:

4. CONTRACTOR'S CONTACT INFORMATION

Contact Person:

Title:

Phone:

Email:

This document is a MODIFIED version of EJCDC® C-451, Copyright © 2013 by the National Society of Professional Engineers, American Society of Civil Engineers, and American Council of Engineering Companies, or is based in part on excerpts from EJCDC documents. Those

portions of the text that originated in published EJCDC documents remain subject to the copyright. Page 2

5. AFFILIATED COMPANIES:

Name:

Address:

6. TYPE OF ORGANIZATION:

SOLE PROPRIETORSHIP

Name of Owner:

Doing Business As:

Date of Organization:

PARTNERSHIP

Date of Organization:

Type of Partnership:

Name of General Partner(s):

CORPORATION

State of Organization:

Date of Organization:

Executive Officers:

- President:

- Vice President(s):

- Treasurer:

- Secretary:

LIMITED LIABILITY COMPANY

This document is a MODIFIED version of EJCDC® C-451, Copyright © 2013 by the National Society of Professional Engineers, American Society of Civil Engineers, and American Council of Engineering Companies, or is based in part on excerpts from EJCDC documents. Those

portions of the text that originated in published EJCDC documents remain subject to the copyright. Page 3

State of Organization:

Date of Organization:

Members:

JOINT VENTURE

Sate of Organization:

Date of Organization:

Form of Organization:

Joint Venture Managing Partner

- Name:

- Address:

Joint Venture Managing Partner

- Name:

- Address:

Joint Venture Managing Partner

- Name:

- Address:

7. LICENSING

Jurisdiction:

This document is a MODIFIED version of EJCDC® C-451, Copyright © 2013 by the National Society of Professional Engineers, American Society of Civil Engineers, and American Council of Engineering Companies, or is based in part on excerpts from EJCDC documents. Those

portions of the text that originated in published EJCDC documents remain subject to the copyright. Page 4

Type of License:

License Number:

Jurisdiction:

Type of License:

License Number:

8. BONDING INFORMATION

Bonding Company:

Address:

Bonding Agent:

Address:

Contact Name:

Phone:

Aggregate Bonding Capacity:

Available Bonding Capacity as of date of this submittal:

9. FINANCIAL INFORMATION

Financial Institution:

Address:

Account Manager:

Phone:

INCLUDE AS AN ATTACHMENT AN AUDITED BALANCE SHEET FOR EACH OF THE LAST 3 YEARS

This document is a MODIFIED version of EJCDC® C-451, Copyright © 2013 by the National Society of Professional Engineers, American Society of Civil Engineers, and American Council of Engineering Companies, or is based in part on excerpts from EJCDC documents. Those

portions of the text that originated in published EJCDC documents remain subject to the copyright. Page 5

10. CONSTRUCTION EXPERIENCE:

Current Experience:

List on Schedule A a minimum of three (3) completed projects of similar size and complexity to the proposed Work. (If Joint Venture list each participant's projects separately).

Has firm listed in Section 1 ever failed to complete a construction contract awarded to it?

YES NO

If YES, attach as an Attachment details including Project Owner's contact information.

Has any Corporate Officer, Partner, Joint Venture participant or Proprietor ever failed to complete a construction contract awarded to them in their name or when acting as a principal of another entity?

YES NO

If YES, attach as an Attachment details including Project Owner's contact information.

Are there any judgments, claims, disputes or litigation pending or outstanding involving the firm listed in Section 1 or any of its officers (or any of its partners if a partnership or any of the individual entities if a joint venture)?

YES NO

If YES, attach as an Attachment details including Project Owner's contact information.

11. SAFETY PROGRAM:

Name of Contractor's Safety Officer:

Include the following as attachments:

Provide as an Attachment Contractor's (and Contractor's proposed Subcontractors and Suppliers furnishing or performing Work having a value in excess of 10 percent of the total amount of the Bid) OSHA No. 500- Log & Summary of Occupational Injuries & Illnesses for the past 5 years.

Provide as an Attachment Contractor's (and Contractor's proposed Subcontractors and Suppliers furnishing or performing Work having a value in excess of 10 percent of the total amount of the Bid) list of all OSHA Citations & Notifications of Penalty (monetary or other) received within the last 5 years (indicate disposition as applicable) - IF NONE SO STATE.

Provide as an Attachment Contractor's (and Contractor's proposed Subcontractors and Suppliers furnishing or performing Work having a value in excess of 10 percent of the total amount of the Bid) list of all safety citations or violations under any state all received within the last 5 years (indicate disposition as applicable) - IF NONE SO STATE.

This document is a MODIFIED version of EJCDC® C-451, Copyright © 2013 by the National Society of Professional Engineers, American Society of Civil Engineers, and American Council of Engineering Companies, or is based in part on excerpts from EJCDC documents. Those

portions of the text that originated in published EJCDC documents remain subject to the copyright. Page 6

Provide the following for the firm listed in Section V (and for each proposed Subcontractor furnishing or performing Work having a value in excess of 10 percent of the total amount of the Bid) the following (attach additional sheets as necessary):

Workers' compensation Experience Modification Rate (EMR) for the last 5 years:

YEAR EMR

YEAR EMR

YEAR EMR

YEAR EMR

YEAR EMR

Total Recordable Frequency Rate (TRFR) for the last 5 years:

YEAR TRFR

YEAR TRFR

YEAR TRFR

YEAR TRFR

YEAR TRFR

Total number of man-hours worked for the last 5 Years:

YEAR TOTAL NUMBER OF MAN-HOURS

YEAR TOTAL NUMBER OF MAN-HOURS

YEAR TOTAL NUMBER OF MAN-HOURS

YEAR TOTAL NUMBER OF MAN-HOURS

YEAR TOTAL NUMBER OF MAN-HOURS

This document is a MODIFIED version of EJCDC® C-451, Copyright © 2013 by the National Society of Professional Engineers, American Society of Civil Engineers, and American Council of Engineering Companies, or is based in part on excerpts from EJCDC documents. Those

portions of the text that originated in published EJCDC documents remain subject to the copyright. Page 7

Provide Contractor's (and Contractor's proposed Subcontractors and Suppliers furnishing or performing Work having a value in excess of 10 percent of the total amount of the Bid) Days Away From Work, Days of Restricted Work Activity or Job Transfer (DART) incidence rate for the particular industry or type of Work to be performed by Contractor and each of Contractor's proposed Subcontractors and Suppliers) for the last 5 years:

YEAR DART

YEAR DART

YEAR DART

YEAR DART

YEAR DART

12. EQUIPMENT:

MAJOR EQUIPMENT:

List on Schedule B all pieces of major equipment available for use on Owner's Project.

This document is a MODIFIED version of EJCDC® C-451, Copyright © 2013 by the National Society of Professional Engineers, American Society of Civil Engineers, and American Council of Engineering Companies, or is based in part on excerpts from EJCDC documents. Those

portions of the text that originated in published EJCDC documents remain subject to the copyright. Page 8

I HEREBY CERTIFY THAT THE INFORMATION SUBMITTED HEREWITH, INCLUDING ANY ATTACHMENTS, IS TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF.

NAME OF ORGANIZATION:

BY:

TITLE:

DATED:

NOTARY ATTEST:

SUBSCRIBED AND SWORN TO BEFORE ME

THIS DAY OF , 20___

NOTARY PUBLIC - STATE OF

MY COMMISSION EXPIRES:

REQUIRED ATTACHMENTS

Technical Submittal including:

1. Letter of Submittal

2. Resumes of Key Personnel

3. Equipment Narrative (include Schedule C - Major Equipment List

4. Experience of Bidder’s Team (include Schedule A - Current Experience, and Schedule B - Previous Experience.)

5. Assessment of Project Risk

6. Required Forms for Bidder and Subcontractors.

4. Audited balance sheet for each of the last 3 years for firm named in Section 1.

5. Evidence of authority for individuals listed in Section 7 to bind organization to an agreement.

7. Required safety program submittals listed in Section 13.

This document is a MODIFIED version of EJCDC® C-451, Copyright © 2013 by the National Society of Professional Engineers, American Society of Civil Engineers, and American Council of Engineering Companies, or is based in part on excerpts from EJCDC documents. Those portions of the text that originated in published EJCDC documents remain subject to the copyright.

Page 9

SCHEDULE A

CURRENT EXPERIENCE

Project Name Owner's Contact Person Design Engineer Contract Date Type of Work Status Cost of Work

Name:

Address:

Telephone:

Name:

Company:

Telephone:

Name:

Address:

Telephone:

Name:

Company:

Telephone:

Name:

Address:

Telephone:

Name:

Company:

Telephone:

Name:

Address:

Telephone:

Name:

Company:

Telephone:

This document is a MODIFIED version of EJCDC® C-451, Copyright © 2013 by the National Society of Professional Engineers, American Society of Civil Engineers, and American Council of Engineering Companies, or is based in part on excerpts from EJCDC documents. Those portions of the text that originated in published EJCDC documents remain subject to the copyright.

Page 10

Name:

Address:

Telephone:

Name:

Company:

Telephone:

Name:

Address:

Telephone:

Name:

Company:

Telephone:

Name:

Address:

Telephone:

Name:

Company:

Telephone:

Name:

Address:

Telephone:

Name:

Company:

Telephone:

Name:

Address:

Telephone:

Name:

Company:

Telephone:

This document is a MODIFIED version of EJCDC® C-451, Copyright © 2013 by the National Society of Professional Engineers, American Society of Civil Engineers, and American Council of Engineering Companies, or is based in part on excerpts from EJCDC documents. Those portions of the text that originated in published EJCDC documents remain subject to the copyright.

Page 11

SCHEDULE B - LIST OF MAJOR EQUIPMENT AVAILABLE

ITEM PURCHASE DATE CONDITION ACQUIRED VALUE