Purchasing Divison State of West Virginia 2019 Washington Street East Request for Quotation Post Office Box 50130 Charleston, wv 25305-0130 10 Consulting Proc Folder: 613706 DOC Description: CONSULTING ROAD MAI NT. (6920(3001) PFOC Type: Central Contract - Fixed Amt Date Issued Solicitation Closes Solicitation No 2019-08-01 2019-08?15 CRFQ 0803 DOT2000000013 1 13230100 LOCATION BID CLERK DEPARTMENT OF ADMINISTRATION PURCHASING DIVISION 2019 WASHINGTON ST CHARLESTON WV 25305 US Vendor Name, Address and Telephone Number: FOR INFORMATION CONTACT THE BUYER Hustead (304) 558-2402 Signature FEIN DATE All offers subject to all terms and conditions contained in this solicitation Page 1 FORM ID IADDITIONAL INFORMATION: THE STATE OF WEST VIRGINIA PURCHASING DIVISION FOR THE AGENCY, WEST VIRGINIA DIVISION OF HIGHWAYS, IS SOLICITING BIDS TO ESTABLISH AN OPEN-END CONTRACT FOR CONSULTING SERVICES TO ASSIST WITH COORDINATION AND OVERSIGHT OF THE SECONDARY ROAD MAINTENANCE INITIATIVE PER THE ATTACHED DOCUMENTS. QUESTIONS REGARDING THE SOLICITATION MUST BE SUBMITTED IN WRITING TO PRIOR TO THE QUESTION PERIOD DEADLINE CONTAINED IN THE INSTRUCTIONS TO VENDORS SUBMITTING BIDS. INVOICE T0 . TO DIVISION OF HIGHWAYS DIVISION OF HIGHWAYS FINANCE ADMINSTATION EXECUTIVE DIVISION 1900 KANAWHA BLVD E, BLDG 5 RM A220 1900 KANAWHA BLVD E, BLDG 5 CHARLESTON VW25305-O430 CHARLESTON WV 25305-0430 US US Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 1 CONSULTING SERVICES Comm Code Manufacturer Specification Model 72141003 Extended Description CONSULTING SERVICES SECONDARY ROAD MAINTENANCE SEE ATTACHED EXHIBIT A PRICING PAGE ISCHEDUEE OF EVENTS Line Event Event Date 1 VENDOR QUESTION DEADLINE 2019-08?05 Page: 2 INSTRUCTIONS TO VENDORS SUBMITTING BIDS 1. REVIEW DOCUMENTS THOROUGHLY: The attached documents contain a solicitation for bids. Please read these instructions and all documents attached in their entirety. These instructions provide critical information about requirements that if overlooked could lead to disquali?cation of a Vendor?s bid. All bids must be submitted in accordance with the provisions contained in these instructions and the Solicitation. Failure to do so may result in disquali?cation of Vendor?s bid. 2. MANDATORY TERMS: The Solicitation may contain mandatory provisions identi?ed by the use of the words ?must,? ?will,? and ?shall.? Failure to comply with a mandatory term in the Solicitation will result in bid disquali?cation. 3. PREBID MEETING: The item identi?ed below shall apply to this Solicitation. A pre-bid meeting will not be held prior to bid opening A MANDATORY PRE-BID meeting will be held at the following place and time: All Vendors submitting a bid must attend the mandatory pre-bid meeting. Failure to attend the mandatory pre-bid meeting shall result in disquali?cation of the Vendor?s bid. No one person attending the pre-bid meeting may represent more than one Vendor. An attendance sheet provided at the pre-bid meeting shall serve as the of?cial document verifying attendance. The State will not accept any other form of proof or documentation to verify attendance. Any person attending the pre-bid meeting on behalf of a Vendor must list on the attendance sheet his or her name and the name of the Vendor he or she is representing. Additionally, the person attending the pre?bid meeting should include the Vendor?s E-Mail address, phone number, and Fax number on the attendance sheet. It is the Vendor?s responsibility to locate the attendance sheet and provide the required information. Failure to complete the attendance sheet as required may result in disquali?cation of Vendor?s bid. All Vendors should arrive prior to the starting time for the pre?bid. Vendors who arrive after the starting time but prior to the end of the pre-bid will be permitted to sign in, but are charged with knowing all matters discussed at the pre-bid. Questions submitted at least ?ve business days prior to a scheduled pre-bid will be discussed at the pre-bid meeting if possible. Any discussions or answers to questions at the pre?bid meeting are preliminary in nature and are non-binding. Of?cial and binding answers to questions will be published in a written addendum to the Solicitation prior to bid opening. Revised 06/05/2019 4. VENDOR QUESTION DEADLINE: Vendors may submit questions relating to this Solicitation to the Purchasing Division. Questions must be submitted in writing. All questions must be submitted on or before the date listed below and to the address listed below in order to be considered. A written response will be published in a Solicitation addendum if a response is possible and appropriate. Non-written discussions, conversations, or questions and answers regarding this Solicitation are preliminary in nature and are nonbinding. Submitted e-mails should have solicitation number in the subject line. Question Submission Deadline: 5' 2019 at 10:00 AM EST Submit Questions to: CWStal Hustead 2019 Washington Street, East Charleston, WV 25305 Fax: (304) 55 8?41 15 (Vendors should not use this fax number for bid submission) Email: 5. VERBAL COMMUNICATION: Any verbal communication between the Vendor and any State personnel is not binding, including verbal communication at the mandatory pre?bid conference. Only information issued in writing and added to the Solicitation by an official written addendum by the Purchasing Division is binding. 6. BID SUBMISSION: All bids must be submitted electronically through or signed and delivered by the Vendor to the Purchasing Division at the address listed below on or before the date and time of the bid opening. Any bid received by the Purchasing Division staff is considered to be in the possession of the Purchasing Division and will not be returned for any reason. The Purchasing Division will not accept bids, modi?cation of bids, or addendum acknowledgment forms via e-mail. Acceptable delivery methods include electronic submission via hand delivery, delivery by courier, or facsimile. The bid delivery address is: Department of Administration, Purchasing Division 2019 Washington Street East Charleston, WV 25305?0130 A bid that is not submitted electronically through should contain the information listed below on the face of the envelope or the bid may be rejected by the Purchasing Division: SEALED BID: BUYER: Hustead SOLICITATION No.2 CRFQ DOT2000000013 BID OPENING DATE: August 15, 2019 BID OPENING TIME: 1:30 PM EST FAX NUMBER: 304-558-3970 Revised 06/05/2019 The Purchasing Division may prohibit the submission of bids electronically through at its sole discretion. Such a prohibition will be contained and communicated in the system resulting in the Vendor?s inability to submit bids through WVOASIS. Submission of a response to an Expression or Interest or Request for Proposal is not permitted in WVOASIS. For Request For Proposal Responses Only: In the event that Vendor is responding to a request for proposal, the Vendor shall submit one original technical and one original cost proposal plus convenience copies of each to the Purchasing Division at the address shown above. Additionally, the Vendor should identify the bid type as either a technical or cost proposal on the face of each bid envelope submitted in response to a request for proposal as follows: BID TYPE: (This only applies to CRFP) El Technical Cost 7. BID OPENING: Bids submitted in response to this Solicitation will be opened at the location identi?ed below on the date and time listed below. Delivery of a bid after the bid opening date and time will result in bid disquali?cation. For purposes of this Solicitation, a bid is considered delivered when con?rmation of delivery is provided by (in the case of electronic submission) or when the bid is time stamped by the of?cial Purchasing Division time clock (in the case of hand delivery). Bid Opening Date and Time: August 15, 2019 at 1:30 PM EST Bid Opening Location: Department of Administration, Purchasing Division 2019 Washington Street East Charleston, WV 25305-0130 8. ADDENDUM ACKNOWLEDGEMENT: Changes or revisions to this Solicitation will be made by an of?cial written addendum issued by the Purchasing Division. Vendor should acknowledge receipt of all addenda issued with this Solicitation by completing an Addendum Acknowledgment Form, a copy of which is included herewith. Failure to acknowledge addenda may result in bid disquali?cation. The addendum acknowledgement should be submitted with the bid to expedite document processing. 9. BID FORMATTING: Vendor should type or electronically enter the information onto its bid to prevent errors in the evaluation. Failure to type or electronically enter the information may result in bid disquali?cation. 10. ALTERNATE MODEL OR BRAND: Unless the box below is checked, any model, brand, or speci?cation listed in this Solicitation establishes the acceptable level of quality only and is not intended to re?ect a preference for, or in any way favor, a particular brand or vendor. Vendors may bid alternates to a listed model or brand provided that the alternate is at least equal to the model or brand and complies with the required speci?cations. The equality of any alternate being bid shall be determined by the State at its sole discretion. Any Vendor bidding an alternate model or brand should clearly identify the alternate items in its bid and should include manufacturer?s speci?cations, industry literature, and/or any other relevant documentation demonstrating the Revised 06/05/2019 equality of the alternate items. Failure to provide information for alternate items may be grounds for rejection of a Vendor?s bid. This Solicitation is based upon a standardized commodity established under W. Va. Code 5A-3-6l. Vendors are expected to bid the standardized commodity identi?ed. Failure to bid the standardized commodity will result in your ?rm?s bid being rejected. 11. EXCEPTIONS AND CLARIFICATIONS: The Solicitation contains the speci?cations that shall form the basis of a contractual agreement. Vendor shall clearly mark any exceptions, clari?cations, or other proposed modi?cations in its bid. Exceptions to, clari?cations of, or modi?cations of a requirement or term and condition of the Solicitation may result in bid disquali?cation. 12. COMMUNICATION LIMITATIONS: In accordance with West Virginia Code of State Rules ?l48?1?6.6, communication with the State of West Virginia or any of its employees regarding this Solicitation during the solicitation, bid, evaluation or award periods, except through the Purchasing Division, is strictly prohibited without prior Purchasing Division approval. Purchasing Division approval for such communication is implied for all agency delegated and exempt purchases. 13. REGISTRATION: Prior to Contract award, the apparent successful Vendor must be properly registered with the West Virginia Purchasing Division and must have paid the $125 fee, if applicable. 14. UNIT PRICE: Unit prices shall prevail in cases of a discrepancy in the Vendor?s bid. 15. PREFERENCE: Vendor Preference may be requested in purchases of motor vehicles or construction and maintenance equipment and machinery used in highway and other infrastructure projects. Any request for preference must be submitted in writing with the bid, must speci?cally identify the preference requested with reference to the applicable subsection of West Virginia Code 5A-3-37, and should include with the bid any information necessary to evaluate and confirm the applicability of the requested preference. A request form to help facilitate the request can be found at: 15A. RECIPROCAL PREFERENCE: The State of West Virginia applies a reciprocal preference to all solicitations for commodities and printing in accordance with W. Va. Code In effect, non?resident vendors receiving a preference in their home states, will see that same preference granted to West Virginia resident vendors bidding against them in West Virginia. A request form to help facilitate the request can be found at: l6. SMALL, WOMEN-OWNED, 0R. MINORITY-OWNED BUSINESSES: For any solicitations publicly advertised for bid, in accordance with West Virginia Code 37(a)(7) and W. Va. CSR 148-22-9, any non-resident vendor certi?ed as a small, women- owned, or minority-owned business under W. Va. CSR 148?22-9 shall be provided the same preference made available to any resident vendor. Any non-resident small, women?owned, or minority-owned business must identify itself as such in writing, must submit that writing to the Revised 06/05/2019 Purchasing Division with its bid, and must be properly certi?ed under W. Va. CSR 148-22-9 prior to contract award to receive the preferences made available to resident vendors. Preference for a non-resident small, women-owned, or minority owned business shall be applied in accordance with W. Va. CSR 148-22?9. 17. WAIVER OF MINOR IRREGULARITIES: The Director reserves the right to waive minor irregularities in bids or speci?cations in accordance with West Virginia Code of State Rules 148-1-4.6. 18. ELECTRONIC FILE ACCESS RESTRICTIONS: Vendor must ensure that its submission in can be accessed and viewed by the Purchasing Division staff immediately upon bid opening. The Purchasing Division will consider any ?le that cannot be immediately accessed and viewed at the time of the bid opening (such as, ?les, password protected ?les, or incompatible ?les) to be blank or incomplete as context requires, and are therefore unacceptable. A vendor will not be permitted to ?les, remove password protections, or resubmit documents after bid opening to make a ?le viewable if those documents are required with the bid. A Vendor may be required to provide document passwords or remove access restrictions to allow the Purchasing Division to print or electronically save documents provided that those documents are viewable by the Purchasing Division prior to obtaining the password or removing the access restriction. l9. NON-RESPONSIBLE: The Purchasing Division Director reserves the right to reject the bid of any vendor as Non-Responsible in accordance with W. Va. Code of State Rules 148-1- 5.3, when the Director determines that the vendor submitting the bid does not have the capability to fully perform, or lacks the integrity and reliability to assure good-faith performance.? 20. The State may accept or reject any bid in whole, or in part in accordance with W. Va. Code of State Rules and l48-1-6.4.b.? 21. YOUR SUBMISSION IS A PUBLIC DOCUMENT: Vendor?s entire response to the Solicitation and the resulting Contract are public documents. As public documents, they will be disclosed to the public following the bid/proposal opening or award of the contract, as required by the competitive bidding laws of West Virginia Code 5A-3?l et seq., 5-22-1 et seq., and 5G-l-l et seq. and the Freedom of Information Act West Virginia Code et seq. DO NOT SUBMIT MATERIAL YOU CONSIDER TO BE CONFIDENTIAL, A TRADE SECRET, OR OTHERWISE NOT SUBJECT TO PUBLIC DISCLOSURE. Submission of any bid, proposal, or other document to the Purchasing Division constitutes your explicit consent to the subsequent public disclosure of the bid, proposal, or document. The Purchasing Division will disclose any document labeled ?con?dential,? ?proprietary,? ?trade secret,? ?private,? or labeled with any other claim against public disclosure of the documents, to include any ?trade secrets? as de?ned by West Virginia Code 47-22-1 et seq. All submissions are subject to public disclosure without notice. Revised 06/05/2019 22. INTERESTED PARTY DISCLOSURE: West Virginia Code requires that the vendor submit to the Purchasing Division a disclosure of interested parties to the contract for all contracts with an actual or estimated value of at least $1 Million. That disclosure must occur on the form prescribed and approved by the WV Ethics Commission prior to contract award. A copy of that form is included with this solicitation or can be obtained from the WV Ethics Commission. This requirement does not apply to publicly traded companies listed on a national or international stock exchange. A more detailed de?nition of interested parties can be obtained from the form referenced above. 23. WITH THE BID REQUIREMENTS: In instances where these speci?cations require documentation or other information with the bid, and a vendor fails to provide it with the bid, the Director of the Purchasing Division reserves the right to request those items after bid opening and prior to contract award pursuant to the authority to waive minor irregularities in bids or speci?cations under W. Va. CSR l48-1-4.6. This authority does not apply to instances where state law mandates receipt with the bid. Revised 06/05/2019 GENERAL TERMS AND CONDITIONS: 1. CONTRACTUAL AGREEMENT: Issuance of a Award Document signed by the Purchasing Division Director, or his designee, and approved as to form by the Attorney General?s office constitutes acceptance of this Contract made by and between the State of West Virginia and the Vendor. Vendor?s signature on its bid signi?es Vendor?s agreement to be bound by and accept the terms and conditions contained in this Contract. 2. DEFINITIONS: As used in this Solicitation/Contract, the following terms shall have the meanings attributed to them below. Additional de?nitions may be found in the speci?cations included with this Solicitation/Contract. 2.1. ?Agency? or ?Agencies? means the agency, board, commission, or other entity of the State of West Virginia that is identi?ed on the ?rst page of the Solicitation or any other public entity seeking to procure goods or services under this Contract. 2.2. ?Bid? or ?Proposal? means the vendors submitted response to this solicitation. 2.3. ?Contract? means the binding agreement that is entered into between the State and the Vendor to provide the goods or services requested in the Solicitation. 2.4. ?Director? means the Director of the West Virginia Department of Administration, Purchasing Division. 2.5. ?Purchasing Division? means the West Virginia Department of Administration, Purchasing Division. 2.6. ?Award Document? means the document signed by the Agency and the Purchasing Division, and approved as to form by the Attorney General, that identi?es the Vendor as the contract holder. 2.7. ?Solicitation? means the of?cial notice of an opportunity to supply the State with goods or services that is published by the Purchasing Division. 2.8. ?State? means the State of West Virginia and/or any of its agencies, commissions, boards, etc. as context requires. 2.9. ?Vendor? or ?Vendors? means any entity submitting a bid in response to the Solicitation, the entity that has been selected as the lowest responsible bidder, or the entity that has been awarded the Contract as context requires. Revised 06/05/2019 3. CONTRACT EXTENSION: The term of this Contract shall be determined in accordance with the category that has been identi?ed as applicable to this Contract below: Term Contract Initial Contract Term: Initial Contract Term: This Contract becomes effective on award and extends for a period of one (1) year(s). Renewal Term: This Contract may be renewed upon the mutual written consent of the Agency, and the Vendor, with approval of the Purchasing Division and the Attorney General?s of?ce (Attorney General approval is as to form only). Any request for renewal should be delivered to the Agency and then submitted to the Purchasing Division thirty (30) days prior to the expiration date of the initial contract term or appropriate renewal term. A Contract renewal shall be in accordance with the terms and conditions of the original contract. Unless otherwise speci?ed below, renewal of this Contract is limited to two (7-) successive one (1) year periods or multiple renewal periods of less than one year, provided that the multiple renewal periods do not exceed the total number of months available in all renewal years combined. Automatic renewal of this Contract is prohibited. Renewals must be approved by the Vendor, Agency, Purchasing Division and Attorney General?s of?ce (Attorney General approval is as to form only) Alternate Renewal Term This contract may be renewed for successive year periods or shorter periods provided that they do not exceed the total number of months contained in all available renewals. Automatic renewal of this Contract is prohibited. Renewals must be approved by the Vendor, Agency, Purchasing Division and Attorney General?s of?ce (Attorney General approval is as to form only) Delivery Order Limitations: In the event that this contract permits delivery orders, a delivery order may only be issued during the time this Contract is in effect. Any delivery order issued within one year of the expiration of this Contract shall be effective for one year from the date the delivery order is issued. No delivery order may be extended beyond one year after this Contract has expired. Fixed Period Contract: This Contract becomes effective upon Vendor?s receipt of the notice to proceed and must be completed within days. Fixed Period Contract with Renewals: This Contract becomes effective upon Vendor?s receipt of the notice to proceed and part of the Contract more ?illy described in the attached speci?cations must be completed within days. Upon completion of the work covered by the preceding sentence, the vendor agrees that maintenance, monitoring, or warranty services will be provided for year(s) thereafter. One Time Purchase: The term of this Contract shall run from the issuance of the Award Document until all of the goods contracted for have been delivered, but in no event will this Contract extend for more than one ?scal year. Other: See attached. Revised 06/05/2019 4. NOTICE TO PROCEED: Vendor shall begin performance of this Contract immediately upon receiving notice to proceed unless otherwise instructed by the Agency. Unless otherwise Speci?ed, the fully executed Award Document will be considered notice to proceed. 5. QUANTITIES: The quantities required under this Contract shall be determined in accordance with the category that has been identi?ed as applicable to this Contract below. Open End Contract: Quantities listed in this Solicitation are approximations only, based on estimates supplied by the Agency. It is understood and agreed that the Contract shall cover the quantities actually ordered for delivery during the term of the Contract, whether more or less than the quantities shown. Service: The scope of the service to be provided will be more clearly de?ned in the speci?cations included herewith. [3 Combined Service and Goods: The scope of the service and deliverable goods to be provided will be more clearly de?ned in the speci?cations included herewith. One Time Purchase: This Contract is for the purchase of a set quantity of goods that are identi?ed in the speci?cations included herewith. Once those items have been delivered, no additional goods may be procured under this Contract without an appropriate change order approved by the Vendor, Agency, Purchasing Division, and Attorney General?s of?ce. 6. EMERGENCY PURCHASES: The Purchasing Division Director may authorize the Agency to purchase goods or services in the open market that Vendor would otherwise provide under this Contract if those goods or services are for immediate or expedited delivery in an emergency. Emergencies shall include, but are not limited to, delays in transportation or an unanticipated increase in the volume of work. An emergency purchase in the open market, approved by the Purchasing Division Director, shall not constitute of breach of this Contract and shall not entitle the Vendor to any form of compensation or damages. This provision does not excuse the State from ful?lling its obligations under a One Time Purchase contract. 7. REQUIRED DOCUMENTS: All of the items checked below must be provided to the Purchasing Division by the Vendor as speci?ed below. BID BOND (Construction Only): Pursuant to the requirements contained in W. Va. Code All Vendors submitting a bid on a construction project shall furnish a valid bid bond in the amount of ?ve percent of the total amount of the bid protecting the State of West Virginia. The bid bond must be submitted with the bid. PERFORMANCE BOND: The apparent successful Vendor shall provide a performance bond in the amount of 100% of the contract. The performance bond must be received by the Purchasing Division prior to Contract award. Revised 06/05/2019 PAYMENT BOND: The apparent successful Vendor shall provide a labor/material payment bond in the amount of 100% of the Contract value. The labor/material payment bond must be delivered to the Purchasing Division prior to Contract award. In lieu of the Bid Bond, Performance Bond, and Labor/Material Payment Bond, the Vendor may provide certi?ed checks, cashier?s checks, or irrevocable letters of credit. Any certi?ed check, cashier?s check, or irrevocable letter of credit provided in lieu of a bond must be of the same amount and delivered on the same schedule as the bond it replaces. A letter of credit submitted in lieu of a performance and labor/material payment bond will only be allowed for projects under $100,000. Personal or business checks are not acceptable. Notwithstanding the foregoing, West Virginia Code 5-22-1 mandates that a vendor provide a performance and labor/material payment bond for construction projects. Accordingly, substitutions for the performance and labor/material payment bonds for construction projects is not permitted. MAINTENANCE BOND: The apparent success?il Vendor shall provide a two (2) year maintenance bond covering the roo?ng system. The maintenance bond must be issued and delivered to the Purchasing Division prior to Contract award. CERTIFICATIONS PERMITS: In addition to anything required under the Section of the General Terms and Conditions entitled Licensing, the apparent successful Vendor shall ?imish proof of the following licenses, certi?cations, and/or permits prior to Contract award, in a form acceptable to the Purchasing Division. The apparent success?il Vendor shall also furnish proof of any additional licenses or certi?cations contained in the speci?cations prior to Contract award regardless of whether or not that requirement is listed above. Revised 06/05/2019 8. INSURANCE: The apparent successful Vendor shall fumish proof of the insurance identi?ed by a checkrnark below and must include the State as an additional insured on each policy prior to Contract award. The insurance coverages identi?ed below must be maintained throughout the life of this contract. Thirty (30) days prior to the expiration of the insurance policies, Vendor shall provide the Agency with proof that the insurance mandated herein has been continued. Vendor must also provide Agency with immediate notice of any changes in its insurance policies, including but not limited to, policy cancelation, policy reduction, or change in insurers. The apparent successful Vendor shall also furnish proof of any additional insurance requirements contained in the speci?cations prior to Contract award regardless of whether or not that insurance requirement is listed in this section. Vendor must maintain: Commercial General Liability Insurance in at least an amount of: $1 900000-599 per occurrence. Automobile Liability Insurance in at least an amount of: $1 .000.000-See Below per occurrence. and Omission Insurance in at least an amount of: per occurrence. Commercial Crime and Third Party Fidelity Insurance in an amount of: per occurrence. El Cyber Liability Insurance in an amount of: per occurrence. Builders Risk Insurance in an amount equal to 100% of the amount of the Contract. Pollution Insurance in an amount of: per occurrence. Aircraft Liability in an amount of: per occurrence. OF WV MUST BE LISTED AS ADDITIONAL INSURED ON INSURANCE CERTIFICATE. VENDORS SHOULD INCLUDE CERTIFICATE WITH BID. HOLDER SHOULD READ AS FOLLOWS: STATE OF WV 1900 KANAWHA BLVD E, BLDG 5, CHARLESTON, WV 25305 El Revised 06/05/2019 Notwithstanding anything contained in this section to the contrary, the Director of the Purchasing Division reserves the right to waive the requirement that the State be named as an additional insured on one or more of the Vendor?s insurance policies if the Director ?nds that doing so is in the State?s best interest. 9. COMPENSATION INSURANCE: The apparent success?il Vendor shall comply with laws relating to workers compensation, shall maintain workers? compensation insurance when required, and shall furnish proof of workers? compensation insurance upon request. 10. [Reserved] 11. LIQUIDATED DAMAGES: This clause shall in no way be considered exclusive and shall not limit the State or Agency?s right to pursue any other available remedy. Vendor shall pay liquidated damages in the amount speci?ed below or as described in the speci?cations: El for Liquidated Damages Contained in the Speci?cations 12. ACCEPTANCE: Vendor?s signature on its bid, or on the certi?cation and signature page, constitutes an offer to the State that cannot be unilaterally withdrawn, signi?es that the product or service proposed by vendor meets the mandatory requirements contained in the Solicitation for that product or service, unless otherwise indicated, and signi?es acceptance of the terms and conditions contained in the Solicitation unless otherwise indicated. 13. PRICING: The pricing set forth herein is ?rm for the life of the Contract, unless speci?ed elsewhere within this Solicitation/Contract by the State. A Vendor?s inclusion of price adjustment provisions in its bid, without an express authorization from the State in the Solicitation to do so, may result in bid disquali?cation. Notwithstanding the foregoing, Vendor must extend any publicly advertised sale price to the State and invoice at the lower of the contract price or the publicly advertised sale price. 14. PAYMENT IN ARREARS: Payment in advance is prohibited under this Contract. Payment may only be made after the delivery and acceptance of goods or services. The Vendor shall submit invoices, in arrears. 15. PAYMENT METHODS: Vendor must accept payment by electronic ?inds transfer and P-Card. (The State of West Virginia?s Purchasing Card program, administered under contract by a banking institution, processes payment for goods and services through state designated credit cards.) Revised 06/05/2019 16. TAXES: The Vendor shall pay any applicable sales, use, personal property or any other taxes arising out of this Contract and the transactions contemplated thereby. The State of West Virginia is exempt from federal and state taxes and will not pay or reimburse such taxes. 17. ADDITIONAL FEES: Vendor is not permitted to charge additional fees or assess additional charges that were not either expressly provided for in the solicitation published by the State of West Virginia or included in the unit price or lump sum bid amount that Vendor is required by the solicitation to provide. Including such fees or charges as notes to the solicitation may result in rejection of vendor?s bid. Requesting such fees or charges be paid after the contract has been awarded may result in cancellation of the contract. 18. FUNDING: This Contract shall continue for the term stated herein, contingent upon funds being appropriated by the Legislature or otherwise being made available. In the event funds are not appropriated or otherwise made available, this Contract becomes void and of no effect beginning on July 1 of the ?scal year for which funding has not been appropriated or otherwise made available. 19. CANCELLATION: The Purchasing Division Director reserves the right to cancel this Contract immediately upon written notice to the vendor if the materials or workmanship supplied do not conform to the speci?cations contained in the Contract. The Purchasing Division Director may also cancel any purchase or Contract upon 30 days written notice to the Vendor in accordance with West Virginia Code of State Rules 20. TIME: Time is of the essence with regard to all matters of time and performance in this Contract. 21. APPLICABLE LAW: This Contract is governed by and interpreted under West Virginia law without giving effect to its choice of law principles. Any information provided in speci?cation manuals, or any other source, verbal or written, which contradicts or violates the West Virginia Constitution, West Virginia Code or West Virginia Code of State Rules is void and of no effect. 22. COMPLIANCE WITH LAWS: Vendor shall comply with all applicable federal, state, and local laws, regulations and ordinances. By submitting a bid, Vendor acknowledges that it has reviewed, understands, and will comply with all applicable laws, regulations, and ordinances. SUBCONTRACTOR COMPLIANCE: Vendor shall notify all subcontractors providing commodities or services related to this Contract that as subcontractors, they too are required to comply with all applicable laws, regulations, and ordinances. Noti?cation under this provision must occur prior to the performance of any work under the contract by the subcontractor. ?34; 23. ARBITRATION: Any references made to arbitration contained in this Contract, Vendor?s bid, or in any American Institute of Architects documents pertaining to this Contract are hereby deleted, void, and of no effect. Revised 06/05/2019 24. MODIFICATIONS: This writing is the parties? ?nal expression of intent. Notwithstanding anything contained in this Contract to the contrary no modi?cation of this Contract shall be binding without mutual written consent of the Agency, and the Vendor, with approval of the Purchasing Division and the Attorney General?s of?ce (Attorney General approval is as to form only). Any change to existing contracts that adds work or changes contract cost, and were not included in the original contract, must be approved by the Purchasing Division and the Attorney General?s Of?ce (as to form) prior to the implementation of the change or commencement of work affected by the change. 25. WAIVER: The failure of either party to insist upon a strict performance of any of the terms or provision of this Contract, or to exercise any option, right, or remedy herein contained, shall not be construed as a waiver or a relinquishment for the future of such term, provision, option, right, or remedy, but the same shall continue in full force and effect. Any waiver must be expressly stated in writing and signed by the waiving party. 26. SUBSEQUENT FORMS: The terms and conditions contained in this Contract shall supersede any and all subsequent terms and conditions which may appear on any form documents submitted by Vendor to the Agency or Purchasing Division such as price lists, order forms, invoices, sales agreements, or maintenance agreements, and includes intemet websites or other electronic documents. Acceptance or use of Vendor?s forms does not constitute acceptance of the terms and conditions contained thereon. 27. ASSIGNMENT: Neither this Contract nor any monies due, or to become due hereunder, may be assigned by the Vendor without the express written consent of the Agency, the Purchasing Division, the Attorney General?s of?ce (as to form only), and any other government agency or of?ce that may be required to approve such assignments. 28. WARRANTY: The Vendor expressly warrants that the goods and/or services covered by this Contract will: conform to the speci?cations, drawings, samples, or other description fumished or speci?ed by the Agency; be merchantable and ?t for the purpose intended; and be free from defect in material and workmanship. 29. STATE EMPLOYEES: State employees are not permitted to utilize this Contract for personal use and the Vendor is prohibited from permitting or facilitating the same. 30. PRIVACY, SECURITY, AND CONFIDENTIALITY: The Vendor agrees that it will not disclose to anyone, directly or indirectly, any such personally identi?able information or other con?dential information gained from the Agency, unless the individual who is the subject of the information consents to the disclosure in writing or the disclosure is made pursuant to the Agency?s policies, procedures, and rules. Vendor further agrees to comply with the Con?dentiality Policies and Information Security Accountability Requirements, set forth in Revised 06/05/2019 31. YOUR SUBMISSION IS A PUBLIC DOCUMENT: Vendor?s entire response to the Solicitation and the resulting Contract are public documents. As public documents, they will be disclosed to the public following the bid/proposal opening or award of the contract, as required by the competitive bidding laws of West Virginia Code 5A-3-1 et seq., 5-22-1 et seq., and SG-l-l et seq. and the Freedom of Information Act West Virginia Code 29B-1-l et seq. DO NOT SUBMIT MATERLAL YOU CONSIDER TO BE CONFIDENTIAL, A TRADE SECRET, OR OTHERWISE NOT SUBJECT TO PUBLIC DISCLOSURE. Submission of any bid, proposal, or other document to the Purchasing Division constitutes your explicit consent to the subsequent public disclosure of the bid, proposal, or document. The Purchasing Division will disclose any document labeled ?con?dential,? ?proprietary,? ?trade secret,? ?private,? or labeled with any other claim against public disclosure of the documents, to include any ?trade secrets? as de?ned by West Virginia Code 47-22-1 et seq. All submissions are subject to public disclosure without notice. 32. LICENSING: In accordance with West Virginia Code of State Rules 148-1-6. Vendor must be licensed and in good standing in accordance with any and all state and local laws and requirements by any state or local agency of West Virginia, including, but not limited to, the West Virginia Secretary of State?s Of?ce, the West Virginia Tax Department, West Virginia Insurance Commission, or any other state agency or political subdivision. Obligations related to political subdivisions may include, but are not limited to, business licensing, business and occupation taxes, inspection compliance, permitting, etc. Upon request, the Vendor must provide all necessary releases to obtain information to enable the Purchasing Division Director or the Agency to verify that the Vendor is licensed and in good standing with the above entities. SUBCON TRACTOR COMPLIANCE: Vendor shall notify all subcontractors providing commodities or services related to this Contract that as subcontractors, they too are required to be licensed, in good standing, and up-to-date on all state and local obligations as described in this section. Obligations related to political subdivisions may include, but are not limited to, business licensing, business and occupation taxes, inspection compliance, permitting, etc. Noti?cation under this provision must occur prior to the performance of any work under the contract by the subcontractor. 33. ANTITRUST: In submitting a bid to, signing a contract with, or accepting a Award Document from any agency of the State of West Virginia, the Vendor agrees to convey, sell, assign, or transfer to the State of West Virginia all rights, title, and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and the State of West Virginia for price ?xing and/or unreasonable restraints of trade relating to the particular commodities or services purchased or acquired by the State of West Virginia. Such assignment shall be made and become effective at the time the purchasing agency tenders the initial payment to Vendor. Revised 06/05/2019 34. VENDOR CERTIFICATIONS: By signing its bid or entering into this Contract, Vendor certi?es (1) that its bid or offer was made without prior understanding, agreement, or connection with any corporation, ?rm, limited liability company, partnership, person or entity submitting a bid or offer for the same material, supplies, equipment or services; (2) that its bid or offer is in all respects fair and without collusion or fraud; (3) that this Contract is accepted or entered into without any prior understanding, agreement, or connection to any other entity that could be considered a violation of law; and (4) that it has reviewed this Solicitation in its entirety; understands the requirements, terms and conditions, and other information contained herein. Vendor?s signature on its bid or offer also af?rms that neither it nor its representatives have any interest, nor shall acquire any interest, direct or indirect, which would compromise the performance of its services hereunder. Any such interests shall be presented in detail to the Agency. The individual signing this bid or offer on behalf of Vendor certi?es that he or she is authorized by the Vendor to execute this bid or offer or any documents related thereto on Vendor?s behalf; that he or she is authorized to bind the Vendor in a contractual relationship; and that, to the best of his or her knowledge, the Vendor has properly registered with any State agency that may require registration. 35. VENDOR RELATIONSHIP: The relationship of the Vendor to the State shall be that of an independent contractor and no principal-agent relationship or employer-employee relationship is contemplated or created by this Contract. The Vendor as an independent contractor is solely liable for the acts and omissions of its employees and agents. Vendor shall be responsible for selecting, supervising, and compensating any and all individuals employed pursuant to the terms of this Solicitation and resulting contract. Neither the Vendor, nor any employees or subcontractors of the Vendor, shall be deemed to be employees of the State for any purpose whatsoever. Vendor shall be exclusively responsible for payment of employees and contractors for all wages and salaries, taxes, withholding payments, penalties, fees, ?inge bene?ts, professional liability insurance premiums, contributions to insurance and pension, or other deferred compensation plans, including but not limited to, Workers? Compensation and Social Security obligations, licensing fees, etc. and the ?ling of all necessary documents, forms, and retums pertinent to all of the foregoing. Vendor shall hold harmless the State, and shall provide the State and Agency with a defense against any and all claims including, but not limited to, the foregoing payments, withholdings, contributions, taxes, Social Security taxes, and employer income tax returns. 36. INDEMNIFICATION: The Vendor agrees to indemnify, defend, and hold harmless the State and the Agency, their of?cers, and employees from and against: (1) Any claims or losses for services rendered by any subcontractor, person, or ?rm performing or supplying services, materials, or supplies in connection with the performance of the Contract; (2) Any claims or losses resulting to any person or entity injured or damaged by the Vendor, its of?cers, employees, or subcontractors by the publication, translation, reproduction, delivery, performance, use, or disposition of any data used under the Contract in a manner not authorized by the Contract, or by Federal or State statutes or regulations; and (3) Any failure of the Vendor, its of?cers, employees, or subcontractors to observe State and Federal laws including, but not limited to, labor and wage and hour laws. Revised 06/05/2019 37. PURCHASING AFFIDAVIT: In accordance with West Virginia Code 5A-3-10a and the State is prohibited from awarding a contract to any bidder that owes a debt to the State or a political subdivision of the State, Vendors are required to sign, notarize, and submit the Purchasing Af?davit to the Purchasing Division af?rming under oath that it is not in default on any monetary obligation owed to the state or a political subdivision of the state. 38. ADDITIONAL AGENCY AND LOCAL GOVERNMENT USE: This Contract may be utilized by other agencies, spending units, and political subdivisions of the State of West Virginia; county, municipal, and other local government bodies; and school districts (?Other Government Entities?), provided that both the Other Government Entity and the Vendor agree. Any extension of this Contract to the aforementioned Other Government Entities must be on the same prices, terms, and conditions as those offered and agreed to in this Contract, provided that such extension is in compliance with the applicable laws, rules, and ordinances of the Other Government Entity. A refusal to extend this Contract to the Other Government Entities shall not impact or in?uence the award of this Contract in any manner. 39. CONFLICT OF INTEREST: Vendor, its of?cers or members or employees, shall not presently have or acquire an interest, direct or indirect, which would con?ict with or compromise the performance of its obligations hereunder. Vendor shall periodically inquire of its of?cers, members and employees to ensure that a con?ict of interest does not arise. Any con?ict of interest discovered shall be presented in detail to the Agency. 40. REPORTS: Vendor shall provide the Agency and/or the Purchasing Division with the following reports identi?ed by a checked box below: Such reports as the Agency and/or the Purchasing Division may request. Requested reports may include, but are not limited to, quantities purchased, agencies utilizing the contract, total contract expenditures by agency, etc. Quarterly reports detailing the total quantity of purchases in units and dollars, along with a listing of purchases by agency. Quarterly reports should be delivered to the Purchasing Division via email at 41. BACKGROUND CHECK: In accordance with W. Va. Code the Director of the Division of Protective Services shall require any service provider whose employees are regularly employed on the grounds or in the buildings of the Capitol complex or who have access to sensitive or critical information to submit to a fmgerprint?based state and federal background inquiry through the state repository. The service provider is responsible for any costs associated with the ?ngerprint-based state and federal background inquiry. After the contract for such services has been approved, but before any such employees are permitted to be on the grounds or in the buildings of the Capitol complex or have access to sensitive or critical information, the service provider shall submit a list of all persons who will be physically present and working at the Capitol complex to the Director of the Division of Protective Services for purposes of verifying compliance with this provision. The State reserves the right to prohibit a service provider?s employees from accessing sensitive or critical information or to be present at the Capitol complex based upon results addressed from a criminal background check. Revised 06/05/2019 Service providers should contact the West Virginia Division of Protective Services by phone at (304) 558-9911 for more information. 42. PREFERENCE FOR USE OF DOMESTIC STEEL PRODUCTS: Except when authorized by the Director of the Purchasing Division pursuant to W. Va. Code 6, no contractor may use or supply steel products for a State Contract Project other than those steel products made in the United States. A contractor who uses steel products in violation of this section may be subject to civil penalties pursuant to W. Va. Code As used in this section: a. ?State Contract Project? means any erection or construction of, or any addition to, alteration of or other improvement to any building or structure, including, but not limited to, roads or highways, or the installation of any heating or cooling or ventilating plants or other equipment, or the supply of and materials for such projects, pursuant to a contract with the State of West Virginia for which bids were solicited on or after June 6, 2001. b. ?Steel Products? means products rolled, formed, shaped, drawn, extruded, forged, cast, fabricated or otherwise similarly processed, or processed by a combination of two or more or such operations, from steel made by the open heath, basic oxygen, electric furnace, Bessemer or other steel making process. The Purchasing Division Director may, in writing, authorize the use of foreign steel products if: c. The cost for each contract item used does not exceed one tenth of one percent of the total contract cost or two thousand ?ve hundred dollars whichever is greater. For the purposes of this section, the cost is the value of the steel product as delivered to the project; or d. The Director of the Purchasing Division determines that speci?ed steel materials are not produced in the United States in suf?cient quantity or otherwise are not reasonably available to meet contract requirements. 43. PREFERENCE FOR USE OF DOMESTIC ALUMINUM, GLASS, AND STEEL: In Accordance with W. Va. Code 5-19-1 et seq., and W. Va. CSR 148-10-1 et seq., for every contract or subcontract, subject to the limitations contained herein, for the construction, reconstruction, alteration, repair, improvement or maintenance of public works or for the purchase of any item of machinery or equipment to be used at sites of public works, only domestic aluminum, glass or steel products shall be supplied unless the spending of?cer determines, in writing, after the receipt of offers or bids, (1) that the cost of domestic aluminum, glass or steel products is unreasonable or inconsistent with the public interest of the State of West Virginia, (2) that domestic aluminum, glass or steel products are not produced in suf?cient quantities to meet the contract requirements, or (3) the available domestic aluminum, glass, or steel do not meet the contract speci?cations. This provision only applies to public works contracts awarded in an amount more than ?fty thousand dollars ($50,000) or public works contracts that require more than ten thousand pounds of steel products. The cost of domestic aluminum, glass, or steel products may be unreasonable if the cost is more than twenty percent of the bid or offered price for foreign made aluminum, glass, or steel products. If the domestic aluminum, glass or steel products to be supplied or produced in a Revised 06/05/2019 ?substantial labor surplus area?, as de?ned by the United States Department of Labor, the cost of domestic aluminum, glass, or steel products may be unreasonable if the cost is more than thirty percent of the bid or offered price for foreign made aluminum, glass, or steel products. This preference shall be applied to an item of machinery or equipment, as indicated above, when the item is a single unit of equipment or machinery manufactured primarily of aluminum, glass or steel, is part of a public works contract and has the sole purpose or of being a permanent part of a single public works project. This provision does not apply to equipment or machinery purchased by a spending unit for use by that spending unit and not as part of a single public works project. All bids and offers including domestic aluminum, glass or steel products that exceed bid or offer prices including foreign aluminum, glass or steel products after application of the preferences provided in this provision may be reduced to a price equal to or lower than the lowest bid or offer price for foreign aluminum, glass or steel products plus the applicable preference. If the reduced bid or offer prices are made in writing and supersede the prior bid or offer prices, all bids or offers, including the reduced bid or offer prices, will be reevaluated in accordance with this rule. 44. INTERESTED PARTY SUPPLEMENTAL DISCLOSURE: W. Va. Code requires that for contracts with an actual or estimated value of at least $1 million, the vendor must submit to the Agency a supplemental disclosure of interested parties re?ecting any new or differing interested parties to the contract, which were not included in the original pre- award interested party disclosure, within 30 days following the completion or termination of the contract. A copy of that form is included with this solicitation or can be obtained from the WV Ethics Commission. This requirement does not apply to publicly traded companies listed on a national or international stock exchange. A more detailed de?nition of interested parties can be obtained from the form referenced above. Revised 06/05/2019 DESIGNATED CONTACT: Vendor appoints the individual identi?ed in this Section as the Contract Administrator and the initial point of contact for matters relating to this Contract. (Name, Title) (Printed Name and Title) (Address) (Phone Number) (Fax Number) (email address) CERTIFICATION AND SIGNATURE: By signing below, or submitting documentation through I certify that I have reviewed this Solicitation in its entirety; that I understand the requirements, terms and conditions, and other information contained herein; that this bid, offer or proposal constitutes an offer to the State that cannot be unilaterally withdrawn; that the product or service proposed meets the mandatory requirements contained in the Solicitation for that product or service, unless otherwise stated herein; that the Vendor accepts the terms and conditions contained in the Solicitation, unless otherwise stated herein; that I am submitting this bid, offer or proposal for review and consideration; that I am authorized by the vendor to execute and submit this bid, offer, or proposal, or any documents related thereto on vendor?s behalf; that I am authorized to bind the vendor in a contractual relationship; and that to the best of my knowledge, the vendor has properly registered with any State agency that may require registration. (COmpany) (Authorized Signature) (Representative Name, Title) (Printed Name and Title of Authorized Representative) (Date) (Phone Number) (Fax Number) Revised 06/05/2019 ADDENDUM ACKNOWLEDGEMENT FORM SOLICITATION NO.: CRFQ DOT2000000013 Instructions: Please acknowledge receipt of all addenda issued with this solicitation by completing this addendum acknowledgment form. Check the box next to each addendum received and sign below. Failure to acknowledge addenda may result in bid disquali?cation. Acknowledgment: I hereby acknowledge receipt of the following addenda and have made the necessary revisions to my proposal, plans and/or speci?cation, etc. Addendum Numbers Received: (Check the box next to each addendum received) Addendum No. 1 Addendum No. 6 Addendum No. 2 Addendum No. 7 El Addendum No. 3 El Addendum No. 8 l] Addendum No. 4 Addendum No. 9 Addendum No. 5 El Addendum No. 10 I understand that failure to con?rm the receipt of addenda may be cause for rejection of this bid. I further understand that any verbal representation made or assumed to be made during any oral discussion held between Vendor?s representatives and any state personnel is not binding. Only the information issued in writing and added to the speci?cations by an of?cial addendum is binding. Company Authorized Signature Date NOTE: This addendum acknowledgement should be submitted with the bid to expedite document processing. Revised 06/05/2019 REQUEST FOR QUOTATION CRFQ DOT2000000013 Consulting Services- Secondary Roads Maintenance Initiative (692C001) SPECIFICATIONS 1. PURPOSE AND SCOPE: The West Virginia Purchasing Division is soliciting bids on behalf of West Virginia Division of Highways to establish an open-end contract for Consulting Services to assist with the coordination and oversight of the Governor?s Secondary Road Maintenance Initiative. 2. DEFINITIONS: The terms listed below shall have the meanings assigned to them. Additional de?nitions can be found in section 2 of the General Terms and Conditions. 2.1 ?Contract Services? means consulting and oversight services in accordance with the procedural rules, policies and guidelines on behalf of the agency. 2.2 ?Pricing Page? means the pages, contained in or attached hereto as Exhibit A, upon which Vendor should list its proposed price for the Contract Services. 2.3 ?Solicitation? means the of?cial notice of an opportunity to supply the State with goods or services that is published by the Purchasing Division. 3. QUALIFICATIONS: Vendor, or Vendor?s staff if requirements are inherently limited to individuals rather than corporate entities, shall have the following minimum quali?cations: 3.1. Vendor must have a minimum of two (2) employees with at least ?fteen (15) years? experience and extensive knowledge of highway departments management, structure, and operations; highway personnel needs; budgeting and project management; Governmental and Legislative affairs; knowledge of equipment used for highway maintenance activities and private sector contractors for highway maintenance. 4. MANDATORY REQUIREMENTS: 4.1 Mandatory Contract Services Requirements and Deliverables: Contract Services must meet or exceed the mandatory requirements listed below. 4.1.1 Services Pertaining to Coordination of Statewide District and County Of?ce Road Maintenance. 4.1.1.1 Vendor shall perform extensive travel across West Virginia to coordinate with both district and county of?ces regarding roadway Revised 12/12/2017 REQUEST FOR QUOTATION CRFQ DOT2000000013 Consulting Services- Secondary Roads Maintenance Initiative (692C001) maintenance, status of roadway projects, and related equipment needs. 4.1.1.2 Vendor shall perform extensive travel across West Virginia to coordinate with industry representatives regarding roadway maintenance, roadway projects status, and related equipment needs. 4.1.2 Services Pertaining to Governmental and Legislative Affairs. 4.1.2.1 Vendor shall serve as a liaison of the Agency with Legislators and the West Virginia Governor?s Of?ce 4.1.3 Services Pertaining to Advice and Consultation with Secretary and Commissioner 4.1.3.1 Upon request by agency management, Vendor shall consult on activities, complaints, issues, and observations regarding roadways. 4.1.4 Ownership of Work Product 4.1.4.1 All Vendor work product created in furtherance of the contract is considered the property of the agency, and upon conclusion of the contract services or the expiration or termination of the contract, Vendor shall turn over all work product to agency management. 5. CONTRACT AWARD: 5.1 Contract Award: The Contract is intended to provide Agency with a purchase price for the Contract Services. The Contract shall be awarded to the Vendor that provides the Contract Services meeting the required speci?cations for the lowest overall total cost as shown on the Pricing Pages. 5.2 Pricing Page: Vendor should complete the Pricing Page by providing a Unit Cost Per Day for two employees for the contract services called for in this Request for Quotation and multiple by the Estimated Quantities to calculate the total bid amount. The Unit Cost Per Day must include any and all travel fees. Vendor should complete the Pricing Page in full as failure to complete the Pricing Page in its entirety may result in Vendor?s bid being disquali?ed. Revised 12/12/2017 REQUEST FOR QUOTATION CRFQ DOT2000000013 Consulting Services- Secondary Roads Maintenance Initiative (692C001) Vendor should type or electronically enter the information into the Pricing Pages through if available, or as an electronic document. In most cases, the Vendor can request an electronic copy of the Pricing Pages for bid purposes by sending an email request to the following address: 6. PERFORMANCE: Vendor and Agency shall agree upon a schedule for performance of Contract Services and Contract Services Deliverables, unless such a schedule is already included herein by Agency. In the event that this Contract is designated as an open-end contract, Vendor shall perform in accordance with the release orders that may be issued against this Contract. 7. PAYMENT: Agency shall pay a daily rate, as shown on the Pricing Pages, for all Contract Services performed and accepted under this Contract. Vendor shall accept payment in accordance with the payment procedures of the State of West Virginia. 8. TRAVEL: Vendor shall be responsible for all mileage and travel costs, including travel time, associated with performance of this Contract. Any anticipated mileage or travel costs may be included in the ?at fee or daily rate listed on Vendor?s bid, but such costs will not be paid by the Agency separately. 9. FACILITIES ACCESS: Performance of Contract Services may require access cards and/or keys to gain entrance to Agency?s facilities. In the event that access cards and/or keys are required: 9.1. Vendor must identify principal service personnel which will be issued access cards and/or keys to perform service. 9.2. Vendor will be responsible for controlling cards and keys and will pay replacement fee, if the cards or keys become lost or stolen. 9.3. Vendor shall notify Agency immediately of any lost, stolen, or missing card or key. 9.4. Anyone performing under this Contract will be subject to Agency?s security protocol and procedures, con?dentiality, and Insurance (CGL, Auto and Minimum Amounts). 9.5. Vendor shall inform all staff of Agency?s security protocol and procedures. Revised 12/12/2017 REQUEST FOR QUOTATION CRFQ DOT2000000013 Consulting Services- Secondary Roads Maintenance Initiative (692C001) 10. VENDOR DEFAULT: 10.1. The following shall be considered a vendor default under this Contract. 10.1.1.Failure to perform Contract Services in accordance with the requirements contained herein. 10.1.2.Fai1ure to comply with other speci?cations and requirements contained herein. 10.1.3.Failure to comply with any laws, rules, and ordinances applicable to the Contract Services provided under this Contract. 10.1.4.Failure to remedy deficient performance upon request. 10.2. The following remedies shall be available to Agency upon default. 10.2.1. Immediate cancellation of the Contract. 10.2.2. Immediate cancellation of one or more release orders issued under this Contract. 10.2.3. Any other remedies available in law or equity. 11. MISCELLANEOUS: 11.1 Contract Manager: During its performance of this Contract, Vendor must designate and maintain a primary contract manager responsible for overseeing Vendor?s responsibilities under this Contract. The Contract manager must be available during normal business hours to address any customer service or other issues related to this Contract. Vendor should list its Contract manager and his or her contact information below. Contract Manager: Telephone Number: Fax Number: Email Address: Revised 12/12/2017 EXHIBIT A - PRICING PAGE CRFQ DOT2000000013 Consultant Services for the Governor's Secondary Road Maintenance Initiative Unit Cost Per Description Day for 2 Employees Extended Cost (Unit Cost Per Day Estimated Quantity) Estimated Quantity Item Unit of Number Measure 1 Days Consultant Services - Secondary Road Maintenance Initiative 150 Daily rate must include travel charges West Virginia Ethics Commission Disclosure of Interested Parties to Contracts Pursuant to W. Va. Code a state agency may not enter into a contract, or a series of related contracts, that has/have an actual or estimated value of $1 million or more until the business entity submits to the contracting state agency 3 Disclosure of Interested Parties to the applicable contract. in addition, the business entity awarded a contract is obligated to submit a supplemental Disclosure of Interested Parties reflecting any new or differing interested parties to the contract within 30 days following the completion or termination of the applicable contract. For purposes of complying with these requirements. the following definitions apply: "Business entity" means any entity recognized by law through which business is conducted, including a sole proprietorship, partnership or corporation, but does not include publicly traded companies listed on a national or internationat stock exchange. "interested party" or ?interested parties" means: (1) A business entity performing work or service pursuant to, or in furtherance of, the applicable contract, including specifically sub?contractors; (2) the person(s) who have an ownership interest equal to or greater than 25% in the business entity performing work or service pursuant to, or in furtherance of, the applicable contract. (This subdivision does not apply to a publicly traded company); and (3) the person or business entity, if any, that served as a compensated broker or intermediary to actively facilitate the applicable contract or negotiated the terms ofthe applicable contract with the state agency. (This subdivision does not apply to persons or business entities performing legal services related to the negotiation or drafting of the applicable contract.) ?State agency" means a board, commission, office, department or other agency in the executive, judicial or legislative branch of state government, including publicly funded institutions of higher education: Provided, that for purposes of W. Va. Code 6D-1-2, the West Virginia investment Management Board shall not be deemed a state agency nor subject to the requirements of that provision. The contracting business entity must complete this form and submit it to the contracting state agency prior to contract award and to complete another form within 30 days of contract completion or termination. This form was created by the State of West Virginia Ethics Commission, 210 Brooks Street, Suite 300, Charleston, WV 25301?1804. Telephone: (304)558?0664; fax: (304)558-2169; e-mail: website: ethics. no Revised June 8, 2018 West Virginia Ethics Commission Disclosure of Interested Parties to Contracts (Required by W. Va. Code 60-1-2) Name of Contracting Business Entity: Address: Name of Authorized Agent: Address: Contract Number: Contract Description: Governmental agency awarding contract: El Check here if this is a Supplemental Disclosure List the Names of Interested Parties to the contract which are known or reasonably anticipated by the contracting business entity for each category below (attach additional pages if necessary): 1. Subcontractors or other entities performing work or service under the Contract El Check here if none, otherwise list entity/individual names below. 2. Any person or entity who owns 25% or more of contracting entity (not applicable to publicly traded entities) El Check here if none, othenrvise list entity/individual names below. 3. Any person or entity that facilitated, or negotiated the terms of, the applicable contract (excluding legal services related to the negotiation or drafting of the applicable contract) El Check here if none. othenIvise list entity/individual names below. Signature: Date Signed: Notary Veri?cation State of County of .the authorized agent of the contracting business entity listed above being duly sworn acknowledge that the Disclosure herein Is being made under oath and under the penalty of perjury. Taken, sworn to and subscribed before me this day of Notary Public?s Signature To be completed by State Agency: Date Received by State Agency: Date submitted to Ethics Commission: Governmental agency submitting Disclosure: Revised June 8, 2018 STATE OF WEST VIRGINIA Purchasing Division PURCHASING AFFIDAVIT CONSTRUCTION CONTRACTS: Under W. Va. Code 5 5-22-10). the contracting public entity shall not award a construction contract to any bidder that is known to be in default on any monetary obligation owed to the state or a political subdivision of the state. including. but not limited to, obligations related to payroll taxes. property taxes. sales and use taxes, ?re service fees. or other ?nes or fees. ALL CONTRACTS: Under W. Va. Code ?5A~3~10a. no contract or renewal of any contract may be awarded by the state or any of its political subdivisions to any vendor or prospective vendor when the vendor or prospective vendor or a related party to the vendor or prospective vendor is a debtor and: (1) the debt owed is an amount greater than one thousand dollars in the aggregate; or (2) the debtor is in employer default. EXCEPTION: The prohibition listed above does not apply where a vendor has contested any tax administered pursuant to chapter eleven of the W. Va. Code. workers' compensation premium. permit fee or environmental fee or assessment and the matter has not become ?nal or where the vendor has entered into a payment plan or agreement and the vendor is not in default of any of the provisions of such plan or agreement. DEFINITIONS: ?Debt? means any assessment, premium. penalty. ?ne, tax or other amount of money owed to the state or any of its political subdivisions because of a judgment. ?ne. permit violation. license assessment. defaulted workers' compensation premium. penalty or other assessment presently delinquent or due and required to be paid to the state or any of its political subdivisions. including any interest or additional penalties accrued thereon. ?Employer default" means having an outstanding balance or liability to the old fund or to the uninsured employers' fund or being in policy default. as de?ned in W. Va. Code 23-2c-2, failure to maintain mandatory workers' compensation coverage. or failure to fully meet its obligations as a workers' compensation self-insured employer. An employer is not in employer default if it has entered into a repayment agreement with the Insurance Commissioner and remains in compliance with the obligations under the repayment agreement. ?Related party" means a party. whether an individual. corporation. partnership. association. limited liability company or any other form or business association or other entity whatsoever. related to any vendor by blood. marriage. ownership or contract through which the party has a relationship of ownership or other interest with the vendor so that the party will actually or by effect receive or control a portion of the bene?t. pro?t or other consideration from performance of a vendor contract with the party receiving an amount that meets or exceed ?ve percent of the total contract amount. AFFIRMATION: By signing this form, the vendor's authorized signer affirms and acknowledges under penalty of law for false swearing (W. Va. Code ?61-5-3) that: (1) for construction contracts. the vendor is not in default on any monetary obligation owed to the state or a political subdivision of the state, and (2) for all other contracts, that neither vendor nor any related party owe a debt as de?ned above and that neither vendor nor any related party are in employer default as de?ned above. unless the debt or employer default is permitted under the exception above. WITNESS THE FOLLOWING SIGNATURE: Vendor's Name: Authorized Signature: Date: State of County of . to-wit: Taken. subscribed. and sworn to before me this day of . 20? My Commission expires . 20__ AFFIX SEAL HERE NOTARY PUBLIC Purchasing Af?davit (Revised 01/19/2018)