BID FIRE PUMPER TRUCK

Council Chambers 409 S. Kanawha Street, Beckley WV 25801 Bid Submittal Date: May 18, 2026, 3:00 pm est City of Beckley, 409 S. Kanawha St, Beckley WV 25801

City of Beckley

409 South Kanawha Street Beckley, WV 25801

PH: 304-256-1759

REQUEST FOR PROPOSAL

RFP #: Triple Combination Pumper Fire Truck

Request for New Triple Combination Pumper Fire Truck will be received by the City of Beckley, 409 South Kanawha Street, Beckley, West Virginia, 25801 no later than Monday, May 18, 2026, 3:00 pm EST.

Neither dating of proposal form nor placing in mail by this date will meet requirements. Proposal form must be received on or before date and time stated.

Vendors must comply with all bidding requirements and conditions set forth in the proposal.

Proposal requirements will be advertised on City of Beckley ( BIDS/RFP's. Bidding documents may be also obtained from the City of Beckley, 409 South Kanawha Street, Beckley WV 25801.

Any questions pertaining to this proposal may be directed to the Beckley Fire Department at All questions must be submitted in writing and answered in writing.

The City of Beckley does not discriminate on the basis of race, color, national origin, sex, disability, or age in its procurement policies, practices or procedures.

The City of Beckley or designee reserves the right to reject any and all proposals, and to make such selection by item or total bid amount as deemed to be in the best interest of City of Beckley.

Phillip T. Jarrell City Manager

Vendors: Please find below a list for submittals within bid documents. This list is only a reference to assist the Vendor and in no way relieves the Vendor/Bidder of their obligation from reading and submitting all required documents within specifications.

SUBMITTALS

BID SUBMITTALS

Bid Form

Specifications with Y/N Answers

Affidavit

State Business License

Certification of Registration with Secretary of State Office

Completed City of Beckley Vendor Application

Completed W9 Form

If documents are not submitted and received on time or within the time limits above the Contractor's bid can be disqualified and awarded to the next lowest qualified bidder.

City of Beckley

409 South Kanawha St. Beckley WV 25801

Sealed bids for Fire Department Pumper Unit will be received by the City of Beckley, 409 South Kanawha Street, Beckley, West Virginia, 25801 on Monday,May 18,2026, 3:00PM EST at which time and place all bids will be publicly opened and read aloud.

Neither dating of proposal form nor placing in mail by this date will meet requirements. Proposal form must be received on or before date and time stated.

Bidding documents may be obtained from the City of Beckley,409 South Kanawha Street, Beckley WV 25801.

All requests for hard copies of Bidding Documents shall be made to Angela King or digital requests can be made to email address: no later than seven days prior to bid open date. Failure to comply will preclude the issuance of Bidding Documents requested.

Bidding Documents may be examined at the following offices

OWNER: City of Beckley

Purchasing Department

409 S. Kanawha Street Beckley WV 25801

After the scheduled closing time of receipt of bids, no bid may be withdrawn for a period of sixty days.

BID AMOUNT $ . Delivery Date: days

Bid Amount in Writing

Federal Funding (HUD) will be utilized for this bid. Bid will be awarded by total bid amount.

SIGNATURE

declares the following legal status in submitting this Proposal: (check one)

A Corporation organized and existing under the laws of the State of A Partnership.

An individual doing business as

NOTE: This document shall be signed by an individual legally authorized to bind the bidder to the bid and a contract.

Respectfully submitted for:

(Firm Name)

Contractors License Number:

Pursuant to the WV Contractor Licensing Act 1991, 21-11-11

By: Signature & Title

WV Business Registration Number: Federal FEIN #: Business Address: Phone Number: Fax Number: Email: SEAL (If Bid by a Corporation)

If Bidder is a Partnership, fill in the following blanks: Name of Partners:

If Bidder is a Corporation, fill in the following blanks:

Organized under the laws of state of Name and Address of President:

Name and Address of Treasurer:

STATE OF , TO-WIT:

The foregoing instrument was acknowledged before me this day of , 2026 by (name of officer or agent, title of officer or agent) of

(name of corporation, partnership or individual acknowledging), a (state or place of incorporation) corporation, partnership or individual, on behalf of the corporation, partnership or individual.

Signature of person taking acknowledgement

Title or Rank

Taken, subscribed and sworn to before me on this the day of , 2026 My commission expires:

Notary Public

The City of Beckley will not discriminate in its procurement policies, practices or procedures based on race, color, religion, creed or sexual orientation.

The City of Beckley or designee reserves the right to reject any and all bids, and to make such selection by item or total bid amount as deemed to be in the best interest of City of Beckley.

Phillip T. Jarrell, City Manager

CITY of BECKLEY

AFFIDAVIT

AFFIDAVIT NON-COLLUSION

STATE AND FEDERAL LAW(CODE OF LAWS OF WEST VIRGINIA, SECTION 5A-3-31, ET SEQ, 39-5-10, ET SEO.; 15 US S. CODE, SECTION 1) ARE DESIGNED TO INSURE TAHT THE BIDS RECEIVED BY SPONSOR UNDER THIS GRANT OR CONTRACT SHALL BE COMPETITIVE AND FREE OF COLLUSION. THE EXECUTION OF THE FOLLOWING AFFIDAVIT IS A PREREQUISITE FOR CONSIDERATION OF ANY CONTRACTOR'S/VENDORS BID.

As a condition of this bid as a responsible bidder, there must be submitted with this bid a sworn statement executed by, or on behalf of, any person, firm, or association, or corporation submitting a bid on any such contract to be awarded; said sworn statement shall certify that such person, firm, association or corporation submitting a bid has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract. This sworn statement shall be in the form of an affidavit executed and sworn to by the bidder before a person who is authorized by the laws of his state to administer oaths. The original of such sworn statement shall be included in and made a part of the bidder's proposal. This sworn statement shall also include a provision to the effect that all legal formalities required for the proper execution of affidavits pursuant to state laws has been complied with. Thereafter, in any prosecution against any person, firm, association, or corporation for perjury committed in the submission of said affidavits, it shall not be a defense to such charge of perjury that said formalities were not in fact complied with:

AFFIDAVIT DEBT

West Virginia Code 5A-3-10a states:

No contract or renewal of any contract may be awarded under this article 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 as defined in this section and the debt owed is an amount greater than one thousand dollars in the aggregate.

Definitions:

"Debt" means any assessment, penalty, fine, tax or other amount of money owed to the state because of a judgment, fine, permit violation, license assessment, penalty or other assessment presently due and required to be paid to the state or any of its political subdivisions, including any interest or additional penalties accrued thereon;

"Debtor" means any individual, corporation, partnership, association, limited liability company or any other form or business association owing a debt to the state or any of its political subdivisions;

"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 benefit, profit or other consideration from performance of a vendor contract with the party receiving an amount that meets or exceeds five percent of the total contract amount.

Exception:

The prohibition does not apply where a vendor has contested any tax administered pursuant to chapter eleven of the West Virginia Code, worker's compensation premium, permit fee or environmental fee or assessment, and the matter has not become final, 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.

Under penalty of law for false swearing (West Virginia Code 61-5-3), it is hereby certified that the bidder and all related parties do not owe any debts or, if a debt is owed, that the provisions of the exception clause (above) apply.

AFFIDAVIT ALCOHOL&DRUG-DRUGFREEWORKPLACEACT:

WVJOBSACT

All Contractors and Subcontractors must comply with the "West Virginia Jobs Act" requirements found f in Chapter 21, Article 1C of West Virginia Code and all Department of Labor regulations.

PUBLICIMPROVEMENTCONTRACTS

West Virginia Code 21-1D-5 provides that:

Any solicitation for a public improvement construction contract over $ 100,000.00 shall require each vendor that submits a bid for the work to submit at the same time an affidavit that the vendor has a written plan for a drug-free workplace policy in compliance with Article 1D, Chapter 21 of the West Virginia Code A public improvement construction contract may not be awarded to a vendor who does not have a written plan for a drug-free workplace policy in compliance with Article 1D, Chapter 21 of the West Virginia Code and who has not submitted that plan to the appropriate contracting authority in timely fashion For a vendor who is a

subcontractor, compliance with Section 5, Article 10, Chapter 21 of the West Virginia Code may take place before their work on the public improvement is begun

Under penalty of law for false swearing (West Virginia Code 61-5-3), it is hereby certified that the bidder and all related parties has a written plan for a drug-free workplace policy in compliance with Article 1D, Chapter 21 of the West Virginia Code

AFFIDAVIT DEBARMENT AND SUSPENSION CERTIFICATION (Federal Funds)

This certification is required by the regulations implementing Executive Order 12549, Department and Suspension, 7 CFR Part 3017, Section 3017.510, Participants' responsibilities. The regulations were published as Part IV of the January 30, 1989, Federal register ( pages 4722-4733). Copies of the regulations may be obtained by contacting the Department of Agriculture agency offering the proposed covered transaction.

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

are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department, state department, or federal or state agency.

have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for the 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;

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

have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or Local) terminated for cause or default.

Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective

participant shall attach an explanation to this proposal.

LICENSING:

Vendors 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 Office, the West Virginia Tax Department, West Virginia Insurance Commission, or any other state agencies or political subdivision Furthermore, the vendor must provide all necessary releases to obtain information to enable the Director or spending unit to verify that the vendor is licensed and in good standing with the above entities

CONFIDENTIALITY:

The vendor agrees that he or she will not disclose to anyone, directly or indirectly, any such personally identifiable information or other confidential 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 Vendors should visit state.wv.us.admin/purchase/privacy for the Notice of Agency Confidentiality Policies

Under penalty of law for false swearing (West Virginia Code 61-5-3), it is hereby certified that the vendor acknowledges the information in this said affidavit and is in compliance with the requirements as stated

AFFIDAVIT

STATE OF COUNTY OF

Personally appeared before me who being sworn says that he is a member of the firm of and further says that his firm, association, or corporation has not either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the submission of a bid on the above-named project.

Further, swears and affirms that all legal formalities required for the proper execution of affidavits pursuant to Federal laws, his state laws and the State of West Virginia laws have been complied with and further agrees, on behalf of himself, his/her firm, association or corporation, that in any subsequent prosecution for perjury of him, his/her firm, association or corporation, it shall not be in defense to such charge of perjury that said formalities were not in fact complied with.

SWORN TO BEFORE ME THIS day , 2025

COMPANY LEGAL SIGNATURE

COMPANY FEIN#

Notary Public for State

Notary Signature

Commission Expires

Seal :

CITY OF BECKLEY

Instructions to Bidders

TABLE of CONTENTS

DEFINITIONS

BIDDER'S REPRESENTATIONS

BIDDING DOCUMENTS

BIDDING PROCEDURES

CONSIDERATION OF BIDS

POST-BID INFORMATION

PERFORMANCE BOND AND PAYMENT BOND

FORM OF AGREEMENT BETWEEN CITY OF BECKLEY AND CONTRACTOR

DEFINITIONS

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

Addenda are written or graphic instruments issued by the City of Beckley prior to the execution of the Contract which modify or interpret the Bidding Documents by additions, deletions, clarifications or corrections.

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

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

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

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

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

A Sub-bidder is a person or entity who submits a bid to a Bidder for materials, equipment or labor for a portion of the Work.

BIDDERS REPRESENTATIONS

The Bidder is registered with the West Virginia Department of Tax and Revenue prior to time and date for Receipt of Bids.

The Bidder is registered with the West Virginia Secretary of State's Office prior to time and date for Receipt of Bids.

The Bidder is licensed to perform the work in the State of West Virginia as required by the West Virginia Licensing Act.

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

The Bid is made in compliance with the Bidding Documents.

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

The Bid is based upon the materials, equipment and systems required by the Bidding Documents without exception.

BIDDING DOCUMENTS

COPIES

Hard copies may be obtained at 409 S. Kanawha St., Beckley, WV 25801, at , or from our website at https://beckley.gov.

Bidding Documents will not be issued directly to Sub-bidders.

Bidders shall use complete sets of Bidding Documents in preparing Bids; the City of Beckley does not assume responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

The City of Beckley may make copies of the Bidding Documents available on the above terms for the purpose of obtaining Bids on the Work. No license or grant of use is conferred by issuance of copies of the Bidding Documents.

INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS

The Bidder shall carefully study and compare the Bidding Documents with each other, and with other work being bid concurrently or presently under construction to the extent that it relates to the Work for which the Bid is submitted, shall examine the site and local conditions, and shall at once report to the City of Beckley errors, inconsistencies or ambiguities discovered.

Bidders and Sub-bidders requiring clarification or interpretation of the Bidding Documents shall make a written request which shall reach the City of Beckley at least seven days prior to the date for receipt of Bids.

Interpretations, corrections and changes of the Bidding Documents will be made by Addendum. Interpretations, corrections and changes of the Bidding Documents made in any other manner will not be binding, and Bidders shall not rely upon them.

SUBSTITUTIONS

The materials, products and equipment described in the Bidding Documents establish a standard of required function, dimension, appearance and quality to be met by any proposed substitution.

No substitution will be considered prior to receipt of Bids unless written request for approval has been received by the City of Beckley at least ten days prior to the date for receipt of Bids. Such requests shall include the name of the material or equipment for which it is to be substituted and a complete description of the proposed substitution including drawings, performance and test data, and other information necessary for an evaluation. A statement setting forth changes in other materials, equipment or other portions of the Work, including changes in the work of other contracts that incorporation of the proposed substitution would require, shall be included. The burden of proof of the merit of the proposed substitution is upon the proposer. The City of Beckley's decision of approval or disapproval of a proposed substitution shall be final.

If the City of Beckley approves a proposed substitution prior to receipt of Bids, such approval will be set forth in an Addendum. Bidders shall not rely upon approvals made in any other manner.

No substitutions will be considered after the Contract award unless specifically provided for in the Contract Documents.

ADDENDA

Addenda will be transmitted to all who are known by the issuing office to have received a complete set of Bidding Documents.

Copies of Addenda will be made available for inspection wherever Bidding Documents are on file for that purpose.

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

Each Bidder shall ascertain prior to submitting a Bid that the Bidder has received all Addenda issued, and the Bidder shall acknowledge their receipt in the Bid. If a Bidder fails to acknowledge receipt of each Addendum, then the Bid may be rejected.

BIDDING PROCEDURES

PREPARATION OF BIDS

Bids shall be submitted on the forms included with the Bidding Documents.

All blanks on the bid form shall be legibly executed in a non-erasable medium.

Sums shall be expressed in both words and figures. In case of discrepancy, the amount written in words shall govern.

Interlineations, alterations and erasures must be initialed by the signer of the Bid.

All requested Alternates shall be bid. If no change in the Base Bid is required, enter "No Change."

Where two or more Bids for designated portions of the Work have been requested, the Bidder may, without forfeiture of the bid security, state the Bidder's refusal to accept award of less than the

combination of Bids stipulated by the Bidder. The Bidder shall make no additional stipulations on the bid form nor qualify the Bid in any other manner.

Each copy of the Bid shall state the legal name of the Bidder and the nature of legal form of the Bidder. The Bidder shall provide evidence of legal authority to perform within the jurisdiction of the Work. Each copy shall be signed by the person or persons legally authorized to bind the Bidder to a contract. A Bid by a corporation shall further give the state of incorporation and have the corporate seal affixed. A Bid submitted by an agent shall have a current power of attorney attached certifying the agent's authority to bind the Bidder.

BID SECURITY

Each Bid shall be accompanied by a Bid Bond payable to the City of Beckley for five percent (5%) of the total Bid issued by a solvent surety company with a rating of A.M. Best, A- or better rated and listed on the most current Federal Register, Circular 570, and authorized to do business in the State of West Virginia. No bid Bond is required for projects $ 25,000.00 or less and equipment purchases.

The Bidder pledges to enter into a Contract with the City of Beckley on the terms stated in the Bid and will, if required, furnish bonds covering the faithful performance of the Contract and payment of all obligations arising thereunder. Should the Bidder refuse to enter into such Contract or fail to furnish such bonds if required, the amount of the bid security shall be forfeited to the City of Beckley as liquidated damages, not as a penalty.

Irrevocable Letter of Credit is not acceptable as a Bid Bond.

A certified cashier's check is not acceptable as a Bid Bond.

Personal securities are not acceptable as a Bid Bond.

The City of Beckley will have the right to retain the bid security of Bidders to whom an award is being considered until either (a) the Contract has been executed and bonds, if required, have been furnished, or (b) the specified time has elapsed so that Bids may be withdrawn or (c) all Bids have been rejected.

SUBMISSION OF BIDS

All copies of the Bid, the bid security, if any, and any other documents required to be submitted with the Bid shall be enclosed in a large sealed opaque envelope. The envelope shall be addressed to the party receiving the Bids and shall be identified with the Project name, the Bidder's name and address and, if applicable, the designated portion of the Work for which the Bid is submitted. If the Bid is sent by mail, the sealed envelope shall be enclosed in a separate mailing envelope with the notation "SEALED BID ENCLOSED" on the face thereof.

Bids shall be submitted on the Form of Proposal included in the Bidding Documents. Each Bidder should obtain a Request for Bids/Quotations from the party receiving Bids and must follow all instructions contained therein. The Request for Bids/Quotations should be stapled to the front of the Form of Proposal. Each Bid shall be enclosed in a sealed, self-addressed, opaque envelope plainly marked with the following information:

SEALED BID

Proposal for: (Project Name) Time of Bid Opening:

Date of Bid Opening:

The information required above may be obtained from the Request for Bids/Quotations.

Bids shall be deposited at the designated location prior to the time and date for receipt of Bids. Bids received after the time and date for receipt of Bids will be returned unopened.

The Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids.

Oral, telephonic, telegraphic, facsimile or other electronically transmitted bids will not be considered.

MODIFICATION OR WITHDRAWAL OF BID

A Bid may not be modified, withdrawn or canceled by the Bidder during the stipulated time period following the time and date designated for the receipt of Bids, and each Bidder so agrees in submitting a Bid.

Bids may not be modified or withdrawn for a period of sixty (60) days after receipt of Bids without forfeiture of Bid security, not as a penalty but as liquidated damages.

Prior to the time and date designated for receipt of Bids, a Bid submitted may be modified or withdrawn by notice to the party receiving Bids at the place designated for receipt of Bids. Such notice shall be in writing over the signature of the Bidder. Written confirmation over the signature of the Bidder shall be received, and date- and time-stamped by the receiving party on or before the date and time set for receipt of Bids.

Withdrawn Bids may be resubmitted up to the date and time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders.

Bid security, if required, shall be in an amount sufficient for the Bid as resubmitted.

CONSIDERATION OF BIDS

OPENING OF BIDS

At the discretion of the City of Beckley, if stipulated in the Advertisement or Invitation to Bid, the properly identified Bids received on time will be publicly opened and will be read aloud. An abstract of the Bids may be made available to Bidders.

REJECTION OF BIDS

The City of Beckley shall have the right to reject any or all Bids. A Bid not accompanied by a required bid security or by other data required by the Bidding Documents, or a Bid which is in any way incomplete or irregular is subject to rejection.

ACCEPTANCE OF BID (AWARD)

It is the intent of the City of Beckley to award a Contract to the lowest qualified Bidder provided the Bid has been submitted in accordance with the requirements of the Bidding Documents and does not exceed the funds available. The City of Beckley shall have the right to waive informalities and

irregularities in a Bid received and to accept the Bid which, in the City of Beckley's judgment, is in the City of Beckley's own best interests.

The City of Beckley shall have the right to accept Alternates in any order or combination, unless otherwise specifically provided in the Bidding Documents, and to determine the low Bidder on the basis of the sum of the Base Bid and Alternates accepted.

POST-BID INFORMATION

CONTRACTOR'S QUALIFICATION STATEMENT

Bidders to whom award of a Contract is under consideration shall submit to the City of Beckley , upon request, a properly executed AIA Document A305, Contractor's Qualification Statement, unless such a Statement has been previously required and submitted as a prerequisite to the issuance of Bidding Documents.

SUBMITTAL OF SUBCONTRACTORS AND MAJOR EQUIPMENT AND MATERIAL SUPPLIERS

The bidder(s) submitting the lowest qualified bid(s) as determined by the results of the bid opening shall submit a listing of all subcontractors and all major equipment and material 6.2.2

Each bidder is required to establish the reliability and responsibility of all subcontracts and equipment/material suppliers being proposed to perform the work. Contractors, subcontractors and/or equipment/material suppliers on City of Beckley Probationary Status are prohibited from bidding any any City of Beckley project for a period of at least one year from the date the contractor is notified. It is the responsibility of any contractor soliciting bids or quotes from subcontractors to verify the eligibility of all proposed subcontractors and equipment/material suppliers being proposed to perform the work. Additionally, the list of City of Beckley probationary contractors will be provided to the contractors, when applicable. A review of the proposed subcontractors and equipment/material suppliers shall be conducted by the City of Beckley. The bidder may be requested to change an unsatisfactory subcontractor or equipment/material supplier. Proposed subcontractors or equipment/material suppliers found to be unsatisfactory jointly by the City of Beckley and the contractor, shall be changed to an acceptable subcontractor or equipment/material supplier at no additional cost to the City of Beckley, as the contractor has full responsibility for execution of the work.

Failure to submit a list of subcontractors and major equipment and material suppliers to the City of Beckley.

A copy of all contractors and subcontractors licensing certificate must be submitted to the agency receiving bids for review prior to the award of construction contracts.

Prior to award of contract, the City of Beckley will make a preliminary review of the major equipment and materials lists submitted and advise the bidder through the City of Beckley, of the acceptance thereof, and of such other actions as may be necessary in order to meet the requirements of the contract documents. Should it develop that any of the materials or equipment named in the list do not meet the requirements and intent of the specifications, the contractor shall be required to furnish to the City of Beckley other materials and equipment acceptable and fuuly complying with the specifications at no charge in the contract price. Preliminary review and acceptance of the listing provided shall not relieve the Contractor from furnishing equipment and materials in complete accorance with the specifications.

Written approval shall be obtained from the City of Beckley covering any substitution of equipment or materials. Substitutions are permitted in the following instances:

Failure to meet quality and intent of specification and/or

Failure of the supplier or manufacturer to meet delivery schedules or other conditions of the

contract.

The City of Beckley reserves the right to reject the proposal of any bidder who fails to furnish all required major equipment and material information.

A financial statement shall be included in the contractor's qualification statement submitted to the City of Beckley by the lowest qualified bidder(s) within 72 hours of the close of the bid opening and prior to the execution of contracts or agreements between the City of Beckley and the contractor(s). The latest available financial information must be used. Minimum requirements for financial statements are;

Accountants compliation report;

Balance sheet;

Icome statement;

Statement of changes in retained earnings;

Staement of cash flows; and

Notes to the financial statement.

The City of Beckley recommends that all general contractors receiving quotations for bids require a scope of work letter from all subcontractors be sent to the general contractor receiving the quotation at least 24 hours before submission of the bid. The letter should identify the items being quoted and, most importantly, the scope of work included or not included in the price quotation that will be provided. The City of Beckley will not allow a subcontractor to change or alter the bid after the bid opening as a result of miscommunications between the general contractor and subcontractors or supplier quoting the project.

PERFORMANCE BOND AND PAYMENT BOND

BOND REQUIREMENTS

If stipulated in the Bidding Documents, the Bidder shall furnish bonds covering the faithful performance of the Contract and payment of all obligations arising thereunder. Bonds may be secured through the Bidder's usual sources.

The successful Bidder shall furnish a Performance Bond and a Labor and Material Payment Bond for 100% of the contract award and, if applicable, a two year roofing Maintenance Bond for the full value of the roofing system to be executed by an A.M. Best, A- or better rated surety company listed on the most current Federal Register, Circular 570, and which is authorized to do business in the State of West Virginia. All Contractors performing work must be covered by a performance bond and must be included on the list of subcontractors submitted. The City of Beckley will not accept responsibility for direct payments to subcontractors performing work on projects by way of consignment. No performance bond is required for projects of $ 25,000.00 or less. Successful Bidder to whom any contract is awarded, shall pay for, execute and deliver to the City of Beckley with 10 working days after receipt of Letter of Intent and before signing of contract by City of Beckley.

Should the successful Bidder fail or refuse to deliver the required bond and all other Contract Documents, properly executed within ten (10) days after receipt of the City of Beckley's letter of intent to award a contract, the successful Bidder shall forfeit the security deposited with his Bid as liquidated damages, not as a penalty. Bids may not be modified or withdrawn for a period of sixty days from bid opening.

Irrevocable Letter of Credit is not acceptable as a Bid Bond.

A certified cashier's check is not acceptable as a Bid Bond.

Personal securities are not acceptable as a Bid Bond.

If the furnishing of such bonds is stipulated in the Bidding Documents, the cost shall be included in the Bid. If the furnishing of such bonds is required after receipt of bids and before execution of the Contract, the cost of such bonds shall be added to the Bid in determining the Contract Sum.

If the City of Beckley requires that bonds be secured from other than the Bidder's usual sources, changes in cost will be adjusted as provided in the Contract Documents.

Failure of a construction firm to satisfactory perform the work specified in the contract documents will result in the City of Beckley executing their rights, pursuant to the conditions of the contract documents, to declare a construction contract default under the provisions of the conditions of the contract established for the project. If the firms surety company is notified of their responsibility for the completion or remediation of incomplete or non-compliant work, said firm will no longer be eligible to bid on future projects funded by the City of Beckley for a period of no less than five (5) years.

Unless otherwise provided, the bonds shall be written on AIA Document A312, Performance Bond and Payment Bond. Both bonds shall be written in the amount of the Contract sum.

The bonds shall be dated on or after the date of the Contract.

The Bidder shall require the attorney-in-fact who executes the required bonds on behalf of the surety to affix thereto a certified and current copy of the power of attorney.

FORM OF AGREEMENT BETWEEN CITY OF BECKLEY AND CONTRACTOR

Unless otherwise required in the Bidding Documents, the Agreement for the Work will be written on AIA Document A105, Standard Form of Agreement Between City of Beckley and Contractor Where the Basis of Payment Is a Stipulated Sum.

CONTRACTOR LICENSING

West Virginia Code 21-11-2 requires that all persons desiring to perform contractual work in West Virginia must be duly licensed. The West Virginia Contractor's Licensing Board is empowered to issue the contractor's license. Application for a contractor's license may be made by contacting the West Virginia Department of Labor. Bidders to include the Bidder's contractor's license number on its Bid and City of Beckley requires a copy of license with Bid.

All contractors doing business in West Virginia must be licensed to perform work in the state as required by The West Virginia Contractor Licensing Act. The ACT requires but is not limited to the following:

All approved sub-cobtractors must be licensed and a copy of their current license number must be submitted with all quotations to the general contractor. Pursuant to the ACT, general contractors are required to only accept quotations from subcontractors licensed to perform work in West Virginia. Additionally, the Form 123 requires the sub-contractor's name, address and license number to be submitted to the City of Beckley.

A State Contractor's license certificate must be submitted with bid at time of opening.

The Contractor to whom any contract is awarded, shall pay for, execute and deliver to the City of Beckley within ten (10)working days after receipt of City of Beckley's Letter of Intent and before signing of contract by the City of Beckley copies of all Sub-Contractors State Contractors Licenses and Sub-Contractors City Licenses if work is performed in City of Beckley.

INSURANCE

WORKERS COMPENSATION

All contractors required to provide workers compensation coverage shall list the awarding agency as additionally insured on the Workers Compensation coverage. Additionally, proof of continued Workers Compensation coverage throughout the duration of the project shall be provided on the certifcate of coverage.

Contractor must submit with bid a valid current certificate for Workers Compensation coverage with limits.

CONTRACTORS INSURANCE: CERTIFICATE OF INSURANCE

In furtherance of Article 11 of the General Conditions, each contractor furnishing labor and materials shall furnish insurance in the following categories and for the stated minimum amounts. All insurance shall be written to show evidence of the following: The City of Beckley shall be ADDITIONALLY INSURED on the Contractors's policy. The Contractor shall be the NAMED INSURED.

Worker's Compensation/Employer's Liability

Statuatory - State of West Virginia - Compensation thru State approved fund.

Employer's Liability - Limits required:

$ 500,000 - each employee

$ 500,000 - each accident

$ 500,000 - aggregate

Contractor's Public Liability Insurance Limits required:

$ 2,000,000 - general aggregate

$ 1,000,000 - products complete operations aggregate

$ 1,000,000 - personal & advertising injury limit

$ 1,000,000 - each occurrence limit

Commercial General Liability must include:

Explosion, Collapse and Underground Property Damage. Coverage required if contractor's operation's warrant such coverage.

Also, if blasting operations, serparate blasting coverage is required.

Automobile Liability Insurance - Limits required:

$ 1,000,000 - per accident Provide "Any Auto" coverage

Excess Liability Insurance - limits required:

$ 2,000,000 - combined single limit occurrence

$ 2,000,000 - aggregate

Builders Risk and Property Insurance: 100% completed value form

Coverage format: all rick including theft

Coverage shall include transit and off-site storage/secondary location limit amount that exceeds any shipment or off-site storage material value before payments to contractor for off-site stored materials are

approved. Proof of coverage limits exceeding accumulated value of materials stored is required. Named Insured shall be City of Beckley, contractor and Sub-Contractors. ATIMA

Deductibles shall be stated in the certificate of Insurance. Payment of deductible shall be the responsibility of the contractor.

The City of Beckley will provide Builders Risk and Property Insurance coverage for renovation projects during construction by adding the contractor and all subcontractors, ATIMA to the permanent property policy unless otherwise stated in the bidding documents:

Certificate of Insurance

The Certificate of Insurance shall be provided by the Contractor to the City of Beckley at the current address of said parties with a transmittal cover indicating the project name, location of project, type of work to be performed and the nature of the documents transmitted.

The Certificate of Insurance shall contain a provision that coverage afforded will not be canceled until at least sixty (60) days prior written notice has been given to the City of Beckley.

Each contractor to whom any contract is awarded and that is furnishing labor and materials shall pay for, execute and deliver to the City of Beckley within ten (10) days after receipt of City of Beckley's Letter of Intent and before signing of contract by City of Beckley a Certificate of Insurance in the following categories and for the stated minimum amounts at the current address of said parties with a transmittal cover indicating the project name, location of project, type of work to be performed, and the nature of the documents transmitted. All insurance shall be written to show evidence of the following:

The City of Beckley shall be the Certificate Holder.

The City of Beckley shall be additionally insured on the contractors policy.

The Contractor shall be the named insured.

The Certificate shall be prepared on "Acord" Form 25-5 (7/90) or an equivalent form.

The Certificate of Insurance shall indicate the carriers financial rating. The rating must be no less that A or A- or better rated surety company listed on the most current Federal Register, Circular 570 and is authorized to do business in the State of West Virginia and approved by the City of Beckley.

The contractor shall not commence work under this contract until he has obtained all the insurance required under this Heading 12 and such insurance has been approved by the City of Beckley, nor shall the contractor allow any sub-contractor to commence work on his sub-contract until insurance required of the sub-contract has been so obtained and approved.

The contractor shall require each of his sub-contractors to procure and to maintain during the life of his sub-contract, sub-contractors Public Liability and Property Damage Insurance of the type specified in Heading 12.

PERMITS, LICENSES AND TAXES

Each contractor accepts full and exclusive liability for payment of sales, consumer, State and Local B&O, use and all contributions and payroll taxes under the provisions of State or Federal Law, including social Security Acts, as to all employees engaged in the performance of the work subject to this agreement and further agrees to meet all requirements that may be specified under regulations of government officials having jurisdiction and other similar taxes which are legally enacted when bids are received or negoiations concluded, whether or not yet effective or merely scheduled to go into effect, and shall secure and pay for the building permit and other permits and

governmental fees, licenses and inspections necessary for proper execution and completion of work.

For the City of Beckley's records, the contractor shall submit copies of permits, licenses, certifications, inspection reports, releases, notices, receipt for fee payments, correspondence and records established in conjunction with compliance with standards and regulations bearing upon performance of the work.

MATERIALS/PRODUCTS

Materials supplied by the bidder under the provisions of these specifications and plans shall be new materials of the kind and character called for by the specifications. All materials and equipment to be furnished under these specifications shall be the standard product of a manufacturer regularly engaged in the production of such material and shall be the manufacturers current standard design. No materials containing asbestos of any percentage will be used on any City of Beckley projects.

Contractor to supervise the Delivery/handling/storage of products in accordance with manufacturers recommendations and by methods and means which will prevent damage, deterioration, and loss including theft. Control delivery schedules to minimize long-term storage of products at site and overcrowding of construction spaces. In particular, provide delivery installation coordination to ensure minimum holding/storage times for products recognized to be flammable, hazardous, easily damaged, sensitive to deterioration, theft and other sources of loss.

All materials removed from the building will be properly disposed of in a safe and efficient manner at the expense of the contractor.

Compliance requirements for individual products indicated in contract documents, are multiple in nature and may include generic, descriptive, proprietary, performance, prescriptive, compliance with standards, compliance with codes, conformance with graphic details and other similar forms and methods of indicating requirements, all of which must be complied with. Also, "allowances" and similar provisions of Contract Documents will have bearing on selection process.

Procedures for Selectinq Products: Contractor's options for selecting products are limited by contract document requirements, and governing regulations, and are not controlled by industry traditions or procedures experienced by contractor on previous construction projects. Required procedures include, but are not necessarily limited to, the following for various indicated methods of specifying:

Single Product/Manufacturer Name: Provide product indicated, except advise City of Beckley before proceeding, where known that named product is not a feasible or acceptable selection.

Two or More Product/Manufacturer Names: Provide one of the named products, at Contractor's option; but excluding products which do not comply with requirements. Do not provide or offer to provide an unnamed product, except where none of named products comply with requirements or are a feasible selection; advise City of Beckley before proceeding.

"or Equal": where named products in specifications text are accompanied by tern "or equal", or other language of similar effect, comply with contract document provisions concerning "substitutions" for obtaining City of Beckley's approval (or change order) to provide an unnamed product.

"Named", except as otherwise indicated, is defined to mean manufacturer's name for product, as recorded in published product literature, of latest issue as of date of contract documents. Refer requests to use products of a later (or earlier) model to City of Beckley for

acceptance before proceeding.

Standards, Codes, and Regulations: where compliance with an imposed standard, code or regulation is required, selection from among products which comply with requirements including those standards, codes and regulations, is Contractor's option.

Performance Requirements: Provide products which comply with specific performances indicated, and which are recommended by manufacturer (in published product literature or by individual certification) for application indicated. overall performance of a product is implied where product is specified for specific performances.

Prescriptive Requirements: Provide products which have been produced in accordance with prescriptive requirements, using specified ingredients and components, and complying with specified requirements for mixing, fabricating, curing, finishing, testing and similar operations in manufacturing process.

SUBSTITUTIONS:

To encourage competitive bidding, the project specifications shall specify products, materials or equipment. The product, material or equipment used shall comply with the contract requirements or an equivalent. The City of Beckley will consider a formal request for the substitution of products in place of those specified only under the conditions set forth in the General Requirements of the specifications.

In certain instances, a single product may be the only one that will comply with the specific design/function requirement.

Conditions: until ten (10)days prior to bid date, vendors request for substitution will be received/considered only for items designated by an or equal statement or when extensive revisions to contract documents are not required and changes are in keeping with general intent of Contract Documents; when timely, fully documented and properly submitted; and when one or more of following conditions are satisfied, all as judged by City of Beckley. otherwise, requests will be returned without action except to record noncompliance with these requirements.

Where request is directly related to an "or equal" clause or other language of same effect in contract documents.

Where required product, material or method cannot be provided within Contract Time, but not as a result of contractor's failure to pursue the work promptly or coordinate various activities properly.

RETAINAGES

A five (5%) retainage will be maintained throughout construction period. The City of Beckley will pay 95% of the portion of the Contract Sum properly allocable to labor, material and equipment incorporated in the work and of materials and equipment suitable stored at the site or at some other location agreed upon in writing, for the period covered by the Application for Payment, less the aggregate of previous payments made by the City of Beckley.

The City of Beckley will pay upon substantial completion of the entire work, a sum sufficient to increase the total payments of 95% of the Contract Sum, less such amounts as the City of Beckley shall determine for all incomplete work, rejected work and unsettled claims as provided in the contract Documents. The final five (5%) retainage shall not be released until the City of Beckley has received satisfactory evidence of the completion of all work required by the contract documents, including close-out documents have been completed, state tax department release and all rejected work and the

resolution of all unsettled claims.

A final inspection by the City of Beckley is required prior to any payment being made to contractor.

LIQUIDATED DAMAGES

The contractor agrees that from the compensation otherwise to be paid, the City of Beckley may retain a sum in accordance with the following schedule for each day thereafter, Sundays and holidays, included, that the work remains uncompleted, which sum is agreed upon as the proper measure of liquidated damages which the City of Beckley will sustain per diem by the failure of the contractor to complete the work at the stipulated time, and the sum is not to be construed in any sense a penalty.

Liquidated damages will be assessed as follows:

Project Cost Liquidated Damage

Up to $1,000,000 $ 500.00/per day

$1,000,000 to $5,000,000 $ 750.00/per day

Over $5,000,000 $ 1,000.00/per day

If bid is for materials only, All materials, after Notice to Proceed, are to be delivered at a predetermined date as per bid specifications. A charge of $ 200.00 per date for liquidated damages to the City of Beckley will be charged if all materials are not delivered in usable condition.

CLEANING, INSPECTIONS and BUILDING REGULATIONS

Contractor during the handling/installation of work at project site clean/protect work in progress and adjoining work on basis of perpetual maintenance. Apply suitable protective covering on newly installed work where reasonably required to ensure freedom from damage/deterioration at time of substantial completion; otherwise, clean and perform maintenance on newly installed work as frequently as necessarily through remainder of construction period. To extent possible through reasonable control and protection methods supervise performance of work in manner and by means which will insure that none of the work, completed or in progress, will be subjected to harmful/dangerous/damaging/otherwise deleterious exposures during construction period. Adjust/lubricate operable components to ensure operability without damaging effects. contractor will be responsible for clean-up of area and removal of debris that was created by contractor during the installation of his products.

All work performed under this contract shall be subject to inspection by City of Beckley officials and/or designated representatives.

The contractor shall coordinate with the Code Enforcement Department to create and adhere to a schedule of inspections that complies with all city ordinances and building codes. Inspections must be successfully completed and approved at each critical stage of work (including, but not limited to, roof decking repair, underlayment installation, and final roof assembly) before proceeding to the next phase of construction.

The City of Beckley reserves the right to inspect the project at intervals deemed necessary.

All work, labor, materials and equipment specified, constructed and installed are to be of first class quality. To help insure this occurs, all work and equipment designed and specified shall conform to the latest applicable codes and standards including but not limited to the following:

West Virginia State Building code

Building Officials and Code Administrators (BOCA). American society for Testing Materials (ASTM).

American National Standards Institute (ANSI). National Fire Protection Association (NFPA). National Electric Code (NEC).

American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE)

All work must also have the approval of all West Virginia governmental authorities and agencies having jurisdiction over the project including but not limited to the following:

City of Beckley Building Regulations. Raleigh County Building Regulations. West Virginia State Fire Marshall.

West Virginia Department of Health.

West Virginia Department of Environmental Protection West Virginia Department of Natural Resources.

West Virginia Department of Highways.

The Contractor shall comply with the requirements of OSHA in protecting the site, work place and all persons having reason to be on the site.

Final acceptance will only be granted upon successful completion of all required inspections.

BID CERTIFICATION

In accordance with West Virginia Code 5-22-1,Article 22, the lowest qualified responsible bidder submitting bid on government funded projects must certify that all provisions within this code and will be met prior to execution of the construciton contract. Failure to comply with these provisions will result in the disqualification of the bidder. The Bid Certification Form (157) must be submitted within 72 hours of the close of the bid.

SUBMISSION and REJECTION OF BIDS

Attention is directed to the fact that these Specifications include a copy of Bid Form. This is for the information and convenience of Bidders and is not to be detached from the specifications, or filled out or executed. Separate duplicate copies of the Bid Form are to be submitted by the Bidder for that purpose as set forth below. Bids shall be submitted on Bid Forms which will be furnished by the City of Beckley.

Spaces are provided in the Bid Form for Base Bid and various unit and alternate prices where applicable. All such spaces shall be filled in on typewriter or in ink by the Bidder. Where both written words and numerical figures are given; the written words will govern in the event of conflict. If there is a conflict between the extension price and the unit price, or other minor errors exist that are not sufficient to cause bid to be rejected, the unit price prevails.

Bids will be received at the time and place set forth in the Invitation to Bid.

Envelopes containing bids shall be sealed, mailed, and addressed as follows:

City of Beckley

Attn: Recorder-Treasurer 409 South Kanawha St Beckley WV 25801

" Mark in Lower Left of Envelope Bid Number and Description "

Submission of bid warrants that the bidder has examined the site, documents, and Conditions. Each bidder shall visit the site of the proposed work and fully acquaint himself with conditions as they exist so that he may fully understand the facilities, difficulties, and restrictions attending the execution of the work under the contract. Bidders shall also thoroughly examine and be familiar with the drawings and the specifications. The failure or omission of any Bidder to receive or examine any form, instrument, or document or to visit the site and acquaint himself with conditions there existing shall in no way relieve the Bidder from any obligations with respect to his bid.

The City of Beckley shall have the right to reject any and all Bids, waive informalities, and to reject a Bid not accompanied by the required bid security, or by other data required by the Bidding Documents, or to reject a Bid which is in any way incomplete or irregular.

BID WITHDRAWAL and CHANGES

Bidders may make a written change of a sealed bid prior to bid opening. A bidder shall submit written changes to the Purchasing Director prior to the date and time of the bid opening.

Bids may be withdrawn by written or facsimile request received from Bidders prior to the time fixed for opening.

Bids may not be withdrawn for a period of sixty (60) days following the date for receipt of Bids without forfeiture of bid security as liquidated damages, not as a penalty.

AWARD OF CONTRACT

It is the intent of the City of Beckley to award a Contract to the lowest responsible Bidder provided the Bid has been submitted in accordance with the requirements of the Bidding Documents and

does not exceed the budgetary funds available. The City of Beckley shall have the right to accept the Bid or Bids which, in his judgement, is in his own best interest. The City of Beckley shall have the right to waive any informality or irregularity in any Bid or Bids received. Service Contracts will be for a period of One year starting on July 1, current year thru June 30, following year with the renewal option of two additional years based on the agreement between both parties. Service Contracts will be stated on first sheet of bid document.

The contract shall be deemed as having been awarded when formal notice of award shall have been duly served upon the intended awardee (i.e., the bidder to whom the City of Beckley contemplates awarding the contract) by the City Manager or his designee, but terms of the contract shall not be deemed to have been perfected until required bid documents have been submitted to City of Beckley.

It is the intent of the City of Beckley to award a Contract to the lowest qualified Bidder provided the Bid has been submitted in accordance with the requirements of the Bidding Documents and does not exceed the funds available. The City of Beckley shall have the right to accept the Bid or Bids which, in his judgement, is in his own best interest.

The Bidder will note that Bids consist of the Base Bid and several related add or deduct Alternate items, all comprimising items entering into the project and forming the contract as a whole.

These several parts of the Proposal furnish the basis of arriving at the awarding of the contract. The City of Beckley may award the contract on the basis of the Base Bid alone, or if and when conditions warrant, accept such Alternate items appearing on the proposal, thereby reducing or increasing the amount of the Base bid.

The contract shall be deemed as having been awarded when formal notice of award has been duly served upon the intended awardee (i.e., the bidder to whom the City of Beckley contemplates awarding the contract) by an authorized individual representing the agency receiving bids. Terms of the contract shall not be deemed to have been perfected until until required bid documents have been submitted to City of Beckley.

Unless otherwise required in the Bidding Documents, the Agreement for the Work will be written on AIA Document A105, Standard Form of Agreement Between City of Beckley and Contactor, Where the Basis of Payment Is a Stipulated Sum.

Bidder Protests - Bidders have the option of protesting certain decisions made by the Purchasing Division. Protests based on bid specifications must be submitted no later than five (5) working days prior to the bid opening. Protest of purchase order/contract awards must be submitted no later than five (5) working days after the award.

The Bidder is responsible to be knowledgeable of the bid opening and award dates. Protests received after these dates may be rejected at the option of the Purchasing Director.

All protests must be submitted in writing to the Purchasing Director and contain the following information:

the name and address of the protestor,

the requisition/purchase order/contract number(s),

a statement of the grounds for protest,

supporting documentation

resolution or relief sought.

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

The Purchasing Director or his designee will review the matter of the protest and issue a written decision. A hearing may be conducted at the option of the Purchasing Director or his designee. Continuation or delay of the purchase order/contract award process is at the discretion of the Purchasing Director.

The Purchasing Division reserves the right to refuse to review any protest where the matter involved is the subject of litigation before a court of competent jurisdiction, has previously been decided on the merits by a court of competent jurisdiction, or has been decided in a previous protest by the Purchasing Division. The provisions of this subsection do not apply where the court requests, expects, or otherwise expresses interest in the decision of the state.

INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS

No oral interpretations will be made to any Bidder as to the meaning of the drawings and specifications. Every request for such an interpretation shall be made in writing and addressed and forwarded to the City of Beckley. No inquiry received within 7 days of the date fixed for opening of bids will be given consid-eration. Every interpretation made to a Bidder will be in the form of an addendum to the Contract Documents, which, if issued, will be sent as promptly as is practicable to all persons to whom the Contract Documents have been issued. Interpretations, corrections and changes of the bidding Documents made in any other manner will not be binding, and Bidders shall not rely upon them. All such Addenda shall become part of the Contract Documents.

PAYROLL CERTIFICATION and EMPLOYMENT REPORTING:

The City of Beckley's requirement for submission of certified payrolls, supercedes the requirements of current state law. The City of Beckley requires that a certified payroll be submitted with each contractors pay application using U.S. Department of Labor Form WH-347 (formerly DOL 184). Contractors may provide this information in an alternative format provided all required information on the WH-347 is included on the alternative document. Each certified payroll must include names, addresses and social security numbers of all workers, including those of any subcontractors, in order to assure compliance with West Virginia's prevailing wage laws and the Supplemental, General and Special Conditions. Upon request, the City of Beckley will be required to submit the certified payroll report(s) to the School Building Authority.

All contractors and subcontractors must comply with the "West Virginia Jobs Act" requirements found in Chapter 21, Article 1C of the West Virginia Code and all Department of Labor regulations.

In accordance with the West Virginia Code 18-5-15c, contractors or their employees may not make direct, unaccompanied contact with students or access school grounds unaccompanied when students are present if it cannot verified that the contractors or employees have not previously been convicted of a qualifying child abuse, child neglect or child assault offense, as defined in section two, article twelve, chapter fifteen of West Virginia Code. A contractor is defined as any vendor, individual or entity under contract with the City of Beckley for services. The City of Beckley may require contractors and service providers to verify the criminal records of their employees before granting the above mentioned contact or access to the construction site. If the City of Beckley reqires the verification of previous convictions for qualifying offenses, this requirement will be delieneated within the bidding documents. Where prior written consent is obtained, the City of Beckley may obtain information from the Central Abuse Registry regarding contractors and service providers. Where a contractor or service provider gives his or her prior wriiten consent, the City of Beckley also may share information provided by the Central Abuse Registry with other government agencies. In submitting a bid the contractor is giving written permission to the City of Beckley to obtain information from the Central Abuse Registry regarding the contractor, subcontractors and service providers.

The Contractor shall maintain policies of employment as follows:

The Contractor and all subcontractors shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin or age. The Contractor shall take affirmative action to insure that applicants are employed, and that employees are treated during employment without regard to their race, religion, color, sex, national o ri gin or age. Such action shall include, but not be limited to, the following: Employment, upgrading, demolition, or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to post

in conspicuous places, available to employees and applicants for employment, notices setting forth the policies of non-discrimination.

The City of Beckley shall have the right to require the removal of any of the Contractor's key personnel from the job site if the performance is not satisfactory.

The contractor and all subcontractors shall, in all solicitations or advertisements for employees placed by them or on their behalf, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex, national origin, or age.

CONTRACTOR QUALIFICATION AND FINANCIAL STATEMENT

A completed Contractor Qualfiaction Statement will be required of any Contractor and/or subcontractor to be submitted to the City of Beckley for review. This confidential information will be used by the City of Beckley for evaluation for the low bid contractors on the project. The contractor qualification statement will only be required once annually and updated documents will be required from low bid contractors once the current contractor qualification statement has expired. The Qualification Statement must be submitted 72 hours after the close of the bid opening and prior to the award of bids and will be used in the bid review process by the City of Beckley.

The confidential reviewed financial statement section of this document shall be required of the lowest qualified bidder(s) being considered for award of the contract.

Construction contractors and subcontractors or equipment/material suppliers whose demostrated pattern of poor and/or non-compliant work performance has been documented by the City of Beckley, project administrators and or/designees, or whose contract has been terminated for just cause will be placed on probation and prohibited from bidding any additional projects funded by the City of Beckley for a minimum period of one year beginning at the time of probationary status. Such contractor may be removed from probationary status pending review of their continued work history performance by the City of Beckley at the conclusion of their probationary period.

In order to provide opportunity for any contracting, subcontracting or equipment/material firm cited for poor or non-compliant work to appreciably improve the quality of their performance prior to being placed on probation, the City of Beckley staff will utilize the following procedure:

The cited firm shall be noticed in writing of the City of Beckley's concern, with appropriate documentation to illustrate the poor or non-conmpliant work, and advise the firm as to the possibility of being placed on probation.

Upon continued poor/non-compliant work performance, the firm cited shall appear before the Director of Purchasing of the City of Beckley to present his reasons for failure to respond positively with improved performance after initial notice.

Continued failure to improve poor or non-compliant performance will result in the probation. The contractor will be invited to appear at the City of Beckley meeting to discuss the citations and justify his uninterrupted participation.

Probationary status of a firm may be revoked or continued by the City Manager upon review and deliberation of the Recorder-Treasurers recommendation at the conclusion of the probationary period.

PROJECT OBSERVATION

The City of Beckley reserves the right to visit projects at intervals deemed necessary to observe the progress of the construction. The City of Beckley representative shall have such responsibilities as the City of Beckley may delegate.

The responsible contractor shall notify the City of Beckley office two weeks in advance of:

The Testing, Adjusting & Balancing of the HVAC system,

The training of the city maintenance and custodial personnel on new building components and

The scheduled punch list walk-thru of the new or renovated school.

The City of Beckley reserves the right to review all Contractors Applications for Payment and request additional docmentation to substantiate the request and in cooperation with the City of Beckley make adjsutments as deemed appropriate.

CONTRACTOR PROJECT CLOSE OUT-DOCUMENTS

Immediately prior to final Application for Payment, The Contractor shall submit the following documents:

Certificate Substantial Completion (AIA G704)

Contractors Affidavit of Payment of Debts and Claims (AIA G706)

Contractors Affidavit of Release of Liens (AIA G706A)

Consent of Final Payment from surety Company (AIA G707) with effectively dated power of attorney attached.

Bounded and indexed Operation and Maintenance manuals.

Certificate of Insurance (AIA G705) covering required/specified products and completed operation

One complete set of reproducible as built drawings; specifications and change orders in good order and clearly marked to show installation of work where the actual installation varies substantially from the work as originally shown

Certificate of Release from the Department of Tax and Revenue stating all appropriate taxes have been paid

Submittal of Form 159 " Verification of HVAC Training" with all appropriate signatures

City of Beckley, before accepting the HVAC contractor's work, shall receive complete training regarding the operations and maintenance of the mechanical equipment and building controls. Training shall be completed prior to occupying the building. There shall also be a one (1) day follow-up training in six months or during the succeeding heating/cooling season after the facility has been occupied to insure training on both heating and cooling operations of the system. Where specified, the installation contractor shall provide two year maintenance and operations for HVAC equipment and other components as described in the bidding documents. The City of Beckley's HVAC Technicians or engineer's shall be notified of the date and location of any and all traning sessions. At the conclusion of the training, the City of Beckley shall submit the verification of HVAC Training Form (Form 159)

A State Tax release form will be filed with the West Virginia State Tax Department by the City of Beckley upon receipt of the final payment request from the contractor. Final payment will only be processed after the City of Beckley has received evidence from the Tax Department indicating appropriate taxes have been paid on completed projects in West Virginia.

CHANGE ORDERS

A submission of bid certifies that Bidder/Contractor has visited the site and familiarized themselves with existing conditions. Claims for additional work resulting from failure to thoroughly investigae existing conditions will not be accepted.

The bidder shall immediately upon discovery, bring to the attention of the City of Beckley any conflicts which may occur among the various provisions of the specifications and plans. The City of Beckley shall resolve such conflicts and shall be responsible for any costs reasonably incurred by the contractor due to such conflict. Failure of the bidder to bring conflicts or exceptions to the attention of the City of Beckley shall allow the City of Beckley to require any changes deemed necessary before acceptance by the City of Beckley.

An approved change order must be approved prior to any changes in specifications bid or prior to work being performed due to changes.

MINOR CHANGES IN THE WORK

Supplemental instructions authorizing minor changes in the work, not involving an adjustment to the contract Sum or Contract Time, will be issued by the City of Beckley.

Contractor-Initiated Chanqe order Proposal Requests: When latent or other unforeseen conditions require modifications to the contract, the contractor may propose changes by submitting a request for a change to the City of Beckley.

Include a statement outlining the reasons for the change and the effect of the change on the work. Provide a complete description of the proposed change. Indicate the effect of the proposed change on the Contract Sum and Contract Time.

Include a list of quantities of products to be purchased and unit costs along with the total amount of purchases to be made. Where requested, furnish survey data to substantiate quantities.

Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade discounts.

All work shall be completed by the contractor in a manner to cause little or no interference with ongoing construction activities.

WARRANTIES (GUARANTEES):

Equipment and labor shall have a warranty of one year from date of final installation completion.

Manufacturers Warranty: Manufacturers standard warranty for defects and workmanship shall apply to all products which extend past the one year warranty cycle.

General Limitations: It is recognized that specific warranties are intended primarily to protect City of Beckley against failure of work to perform as required, and against deficient, defective and faulty materials and workmanship, regardless of sources. Except as otherwise indicated, specific warranties do not cover failures in the work which result from (1) unusual and abnormal phenomena of the elements,

(2) the City of Beckley's misuse, maltreatment or improper maintenance of the work, (3) vandalism after time of substantial completion, or (4) insurrection or acts of aggression including war.

Related Damaqes and Losses: In connection with Contractor's correction of warranted work which has failed, remove and replace other work of project which has been damaged as a result of such failure, or must be removed and replaced to provide access for correction of warranted work.

Reinstatement of Warranty Period: Except as otherwise indicated, when work covered by a special project warranty or product warranty has failed and has been corrected by replacement or restoration, reinstate warranty by written endorsement for the following time period, starting on date of acceptance of replaced or restored work.

ASBESTOS ABATEMENT REQUIREMENTS (if required)

Contractor/vendors must show proof of having successfully completed an EPA approved training

course. All certification must be current.

Contractor/workers must be licensed by the State of west Virginia to perform any or all types of asbestos inspection, project designing, management planning, contracting, abatement, supervision of abatement and air monitoring.

All contractors/vendors performing work using state, local or federal funding shall comply with all applicable codes includin but not limited to the requirement of:

Environmental Protection Agency (EPA)

Occupational Safety and Health Administration (OSHA) Environmental Protection Agency Worker Protection Laws

National emission Standards for Hazardous Air Pollutants (NESHAP) Asbestos Hazard Emergency Response Act (AHERA)

West Virginia department of Health

West Virginia Department of Natural Resources West Virginia Air Pollution Control Commission

At the completion of all asbestos abatement projects and before final payment will be processed by the City of Beckley, the abatement designer and abatement contractor must provide wriiten assurances that all abatement work has been performed in accordance with all applicable codes. All AHERA required close-out documentation must be on file at the City of Beckley for review.

HEAT, VENTILATING AND AIR-CONDITIONING TEST, ADJUSTING AND BALANCING REQUIREMENT

The HVAC Testing, Adjusting and Balancing (TAB) agent shall be certified according to the procedures contained in the Associated Air Balance Council National standrads, the National Environmental Blancing Bureau procedural standrads and the Environmental Engineering Consultants standards for testing, adjusting and balancing. The TAB contractor shall be under direct contract with and directly represent the City of Beckley. The TAB contractor shall coordinate the earliest start date as well as partial and final completion schedule for each area of the building with the mechanical contractor and provide this information to the City of Beckley.A. The TAB contractor shall complete the testing, adjusting and balancing in each area of the building within 30 days of the earliest start date. The City of Beckley will consider the start and completion dates prior to the award of the contract and ward the contract based on the cost proposal and completion schedule. The successful TAB contractor shall provide two weeks advance notice to the mechanical contractor, City of Beckley prior to each area being tested.

WV ALCOHOL AND DRUG-FREE WORKPLACE ACT WV CODE: 21-1D

If this Contract constitutes a public improvement construction contract over $ 100,000.00 as set

forth in Article 1 D, Chapter 21 of the West Virginia Code ("The West Virginia Alcohol and Drug-Free Workplace Act"), then the following language shall hereby become part of this Contract: "The contractor and its subcontractors shall implement and maintain a written

drug-free workplace policy in compliance with the West Virginia Alcohol and Drug-Free Workplace Act, as set forth in Article 1 D, Chapter 21 of the West Virginia Code, The

contractor and its subcontractors shall provide a sworn statement in writing, under the penalties of perjury, that they maintain a valid drug-free work place policy in compliance with the West Virginia and Drug-Free Workplace Act. It is understood and agreed that this Contract shall be cancelled by the awarding authority if the Contractor: 1) Fails to

implement its drug-free workplace policy; 2) Fails to provide information regarding

implementation of the contractor's drug-free workplace policy at the request of the public authority; or 3) Provides to the public authority false information regarding the contractor's

drug-free workplace policy"

Affidavit to be submitted with bid.

Each contractor to whom any contract is awarded shall pay for, execute and deliver to the City of Beckley within ten (10) days after receipt of City of Beckley's Letter of Intent and before signing of contract by City of Beckley a written plan for a drug-free workplace policy according to Article 1D, Chapter 21 of the West Virginia Code.

For subcontractors, compliance with this section may take place before their work on the public improvement is begun.

OTHER CONDITIONS

WAGE BOND

Firms engage in construction work in West Virginia less than five years preceding the date of the Bid shall post a wage bond with the West Virginia Department of Labor.

NOTICE TO PROCEED

Any work performed or any materials contracted for prior to receipt of the City of Beckley's written Notice to Proceed and/or Purchase Order shall be at the Bidder's risk.

City of Beckley, West Virginia P.O. Box 2514

Vendor Setup Form Beckley, WV 25802-2514

Please fill Out Completely (304) 256-1768 Phone

Legal Business Name (as shown on income tax return)

Trade Name "Doing Business As" Name, if different from above

Remittance Address

Physical Address (if different)

Telephone Number Fax Number Email Address

Purchasing Contact name, phone number, email address

Accounts Payable Contact name, phone number, email address

Are you aware of any immediate family members currently employed at the City of Beckley? Yes No Will you provide medical services to the City of Beckley? Yes No

Will you provide legal services to the City of Beckley? Yes No

How do you wish to receive purchase orders from the City of Beckley? Fax Email Mail

City of Beckley's standard payment terms are net 30 days. If you offer a payment discount, please note it here so that all payments will be processed for a discount if eligible. If our net 30-day terms are not acceptable, please list your payment terms.

Are you able to accept a WV State Issued Purchasing Card (Visa)? Yes No If so: are there additional processing fees Yes No

Certification:

Under penalties of perjury, I certify that:

I am not subject to backup withholding because (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all income, or (c) the IRS has notified me that I am no longer subject to backup withholding, and

I am a U.S. citizen or other U.S. Person, and

I do not have any conflicts of interest with the City of Beckley

Signature Printed Name Date

Return to City of Beckley Accounts Payable Department with W-9 in order to be set up as a vendor. Fax 304-256-1767 or Email

Fonn W*9

(Rev. March 2024)

Department of the Treasury Internal Revenue Service

Request for Taxpayer Identification Number and Certification

. . . . .

Go to www.,rs.gov/FormW9 for instructions and the latest information.

Give form to the requester. Do not send to the IRS.

Before you begin. For guidance related to the purpose of Form W-9, see Purpose of Form, below.

ma Taxpayer Identification Number (TIN)

Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid I Social security number I

backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later.

Note: If the account is in more than one name, see the instructions for line 1. See also What Name and Number To Give the Requester for guidelines on whose number to enter.