Welcome to West Virginia University’s First Contractor Training Seminar JOE FISHER

1. Welcome to West Virginia University’s First Contractor Training Seminar JOE FISHER Chief Procurement Officer

2. DONNA SISLER Assistant Director Vendor Relations

3. REGISTRATION

4. REGISTRATION ON OUR BID SITE • PCPS.WVU.EDU • For Vendors • WVU Bid Notification System • Complete New Enrollment • Choose Categories • Email notification of upcoming opportunities

5. TYPES OF VENDOR REGISTRATION • State Purchasing – TEAM • Registering to do business with the State • Vendor Registration and Disclosure Statement (WV1) • WV1 if you expect to receive Purchase Orders(PO) exceeding $25,000 ($125 annual fee)

6. TYPES OF VENDOR REGISTRATION • State Department of Administration - WV Financial Information Management System (FIMS) • Registration for payment • IRS Form W-9 • May be requested up front or later in the process, but you will not be registered in the State’s system for payment until we have received your invoice.

7. VENDOR REGISTRATION DETAILS • Avoid registration delays - State requirements • Original W-9 • Signed and dated • Appropriate box checked • All questions answered • Avoid payment delays • Name on invoice must match W-9

8. MARK W. STEWART ASSOCIATE DIRECTOR CONSTRUCTION SERVICES

9. CONSTRUCTION DEFINED “Construction services” is defined as any construction, reconstruction, improvement, alteration, repair, enlargement, painting, or decorating of any building, road, bridge other structure or property owned by or located on property controlled by West Virginia University.

10. CONTRACTOR DEFINED A “contractor” is a person who undertakes, offers to undertake, purports to have the capacity to undertake, or submits a bid for construction services in exchange for compensation in any capacity other than as an employee of West Virginia University.

11. BIDDING

12. BIDDING • Three primary requirements for bidding • Request for Bids are posted on the WVU bid site • http://wvubids.finance.wvu.edu • As a WV State Agency – building permits are not typically required

13. BIDDING • Monetary Thresholds • Under $25,000 • Project Manager (PM) obtains quotes • PO issued with State of WV Construction PO Terms & Conditions • Over $25,000 Must be Competitively Bid • All Contracts/POs over $25,000 must have Performance, Labor and Material Bonds

14. BIDDING • City of Morgantown Business and Operations (B&O)Taxes – Certificate of Release is required for final payment • WV Contractor’s license required

15. BIDDING • WVU Open End Task Order (OETO) up to $500,000 • Small scale projects • Most likely no contracted Architectural or Engineering Design Services • Form of Contract The American Institute of Architecture (AIA) A-107 with State of West Virginia Supplemental Conditions • PO issued referencing compliance with OETO Contract Terms & Conditions

16. BIDDING • Projects Over $500,000 • Large scale projects • Most likely contracted Architectural/Engineering (A/E) Design Services • Advertised to Public for open competition • Form of Contract American Institute of Architecture (AIA)-101-2007 & A-201-2007 with State of West Virginia Supplemental Conditions

17. BIDDING • Prevailing Wages • All construction projects must pay prevailing wages • No monetary threshold • Must pay the higher of Davis-Bacon or State of West Virginia prevailing wage • Copies of current wage rates may be located at the following web sites: • State of WV Wage Rates http://www.wvsos.com/adlaw/wagerates/building09.htm • Federal Wage Rates http://www.access.gpo.gov/davisbacon/

18. OPEN END TASK ORDER

19. PRE-QUALIFICATION

20. DAN BATSON Associate Director of Design & Construction Services

21. PRE-QUALIFICATION PROCESS • How to qualify for the open end task order • http://wvubids.finance.wvu.edu • Questions may be directed to Mark Stewart: (304) 293-8475 • Once paperwork is submitted it goes to a review committee

22. REQUIRED INFORMATION • Proposal Response Certificate • No Debt Affidavit Statement • Trade Category • WV Business license • Company organization chart • Contractor’s license • Worker’s Compensation

23. REQUIRED INFORMATION • Business insurance certificate • Bonding company information • EMR Rating Certificate showing a rating of 1.0 or less

24. EMR RATING • Experience Modification Rating (EMR) • Determined from annual losses paid in insurance claims against data for all employers in that classification • Includes auto, liability and worker’s compensation claims • Premiums minimum are $5,000 • Industry Average is 1.0 • Based on last full three years

25. ADDITIONAL EVALUTATION CRITERIA • Occupational Safety & Health Administration (OSHA) incident rating • Citations received in last three years • Current bonding capacity • Judgment against bond • In-house design capacity • Firms qualifications

26. ADDITIONAL EVALUTATION CRITERIA • Past demonstrated experience in task area • Number of years working in task area • Experience in public sector construction projects • References • Past work history with WVU

27. OPEN END BIDDING

28. OPEN END BIDDING • Projects Over $25,000 and Up to $500,000 • Only pre-qualified contractors may bid • Bid time may be for short period • All electronic process • All Requests for Bids (RFBs) are posted to the web site

29. OPEN END BIDDING • Your proposal/bid is submitted electronically • No bid bond is required • All bonds, insurance, licenses, certifications and prevailing wages required prior to award

30. PUBLIC BIDDING

31. PUBLIC BIDDING • Projects Over $500,000 are advertised and publicly bid • Specialized projects are advertised and publicly bid • All RFB’s are posted to the web site http://wvubids.finance.wvu.edu • Bids are a sealed bid

32. PUBLIC BIDDING • Bids are publicly opened • Bid bond is required • All bonds, insurance, licenses, certifications and prevailing wages required prior to award

33. BIDDING DOCUMENTS

34. CLINT NUZUM Purchasing Agent

35. PROCURING CONSTRUCTION DOCUMENTS • When Under $25,000 • Project Manager obtains quote • Contractor must submit: • PO Issued substituting Standard Terms & Conditions with State of WV Construction PO Terms & Conditions

36. PROCURING CONSTRUCTION DOCUMENTS • Contractor Must Submit: • Insurance Certificate - meeting requirements • Purchasing Affidavit • Copy of valid WV Contractor’s license • Copy of valid City Contractor’s license (If within city limit) • Prevailing Wage Affidavit

37. PREVAILING WAGES WV Prevailing wage law applies to those “employed by or on behalf of any public authority engaged in the construction of public improvements” (See W. Va. 21-5A-2)

38. PROCURING CONSTRUCTION DOCUMENTS • Jobs greater than $25,000 must be competitively bid • WVU Open End Task Order (OETO) up to $500,000 • Small Scale Projects • Most Likely No Contracted A/E Design Services • Form of Contract AIA A-107 with Supplemental Conditions • PO Issued Referencing Compliance with OETO Contract Terms & Conditions

39. PROCURING CONSTRUCTION DOCUMENTS • Contractor must provide copies of: • Insurance Certificate (meeting requirements) • Including Worker’s Compensation coverage • Performance & Labor Bonds (greater than $25,000 jobs) • Maintenance Bond (if applicable) • WV Contractor’s license • City of Morgantown Contractor’s license • Copy of Contractor’s WV Alcohol & Drug Free Workplace Plan (jobs over $100,000)

40. PROCURING CONSTRUCTION DOCUMENTS • Insurance Requirements: • General Liability • Each Occurrence: $1,000,000 • Damage to Rented Premises: $50,000 • Medical Expense (any one person): $5,000 • Personal & Adv Injury: $1,000,000 • General Aggregate: $2,000,000 • Products – Products/Completed Operations Aggregate Limit (COM/OP AGG): $2,000,000

41. PROCURING CONSTRUCTION DOCUMENTS • Insurance Requirements (Cont.): • Automobile Liability • Combined Single Limit: $1,000,000 • Excess/Umbrella Liability • Each Occurrence: $1,000,000 • Worker’s Compensation • Each Accident: $500,000 • Disease Policy (each employee): $500,000 • Policy Limit: $500,000

42. PROCURING CONSTRUCTION DOCUMENTS • Jobs Greater Than $500,000 • Large Scale Projects: • Most likely contracted A/E Design Services • Advertised to public for open competition • Form of Contract AIA A-101 & A-201 • With Supplemental Conditions

43. PROCURING CONSTRUCTION DOCUMENTS • The Notice of Intent to Award (NITA) • Notify Contractor of Intent to Award • Example included in packet • Owner requests contractor provide certain documents prior to making award or notice to proceed: boxes will be checked on NITA (see handout)

44. PROCURING CONSTRUCTION DOCUMENTS • Purchasing verifies all documents are complete and confirms: • WV Insurance Commission Surety is authorized to conduct business in WV • WV Dept. of Labor (DOL) Contractor’s license in good standing • Status with Worker’s Compensation and Unemployment Compensation

45. PROCURING CONSTRUCTION DOCUMENTS • As a WV State Agency – building permits are not typically required • City of Morgantown B&O Taxes – Certificate of Release prior to final payment • Contract issued then PM issues Notice to Proceed (NTP) • Purchasing updates FIMS with construction start and end dates

46. AWARD PROCESS

47. OPEN END TASK ORDER

48. OPEN END TASK ORDER AWARD • Bid is reviewed and accepted or rejected • Accepted – NITA is issued • Have a maximum of 15 calendar days to submit required documents

49. OPEN END TASK AWARD • Contractor must provide the following: • Proof of insurance which meets WVU requirements • Performance Bond • Labor and Material Bond • Maintenance Bond (if applicable) • Copy of WV Contractor’s license • City of Morgantown Contractor’s license • Proof of Worker’s Compensation coverage

50. OPEN END TASK ORDER AWARD CONT. • Contractor Must Provide: • Purchasing Affidavit • Drug-Free Workplace Affidavit (Projects Over $100,000) • Copy of Contractor’s Alcohol & Drug Free Workplace Plan (Projects Over $100,000) • If applicable – State of WV Vendor Registration & FIMS Registration • Certified Payrolls are required to be submitted on all projects