LEGAL NOTICE
THE TOWN OF NORTH HILlS INVITATION TO BID
A. The Goods and/or Services Requested by the Town of North Hills
The goods and/or services requested by the Town of North Hills, West Virginia (“Town”), in this Invitation to Bid (“ITB”) are more particularly described in sections K and L set forth, below.
B. Deadlines for Submitting Bids in Response to this ITB.
* Any individual, business, or corporation submitting a bid (“Bidder”) must submit the same in response to this ITB, unless extended by Town, no later than: 9:00 a.m. on Tuesday, April 11, 2023.
* Bids cannot be modified after the submission deadline.
* After the deadline for submissions of bids has past, bids will be opened in the presence of Town council at a regularly scheduled council meeting.
C. Delivery and Submission of Bids.
* Bidders shall timely deliver bids by mail to the following address:
Town of North Hills
PO Box 4322
Parkersburg, WV. 26104
* Bidders may withdraw bids at any time up to the scheduled time for receipt of bids.
D. Receipt of bids
* Care should be taken to ensure that information provided is accurate, complete, and consistent.
* Omission of any of the required information may subject the Bidder to disqualification.
E. Timely-filed, Signed Bids Considered an Offer.
A Bidder’s timely-filed and signed bid shall be considered an offer on the part of a Bidder which will become a binding contract on the bidder upon acceptance by Town at the conclusion of their bid evaluation process. By submitting a bid in response to this ITB, bidder agrees that bid will remain open for acceptance by Town for at least 30 days with no changes to the terms of the bid including, but not limited to: pricing, project schedule, and any express or implied warranties of the materials or labor.
In event that a Bidder does not fully execute the terms of its offer, after the same is accepted by Town, the town may take such action as it deems appropriate to redress the Bidder’s failure to perform, including legal action for damages or equitable relief, including specific performance, for the lack of performance.
F. Bidder’s Essential Credentials and Business Structure to be considered a Responsible Bidder.
In order to be eligible for an award of contract for the goods and/or services requested by this ITB, a Bidder must be deemed a “Responsible Bidder” by Town.
To be a “Responsible Bidder” for the purpose of this ITB, a Bidder must maintain all applicable and required state, local, federal, and professional licensure required to engage in the type of work requested by Town, have the capacity to provide the goods and/or perform the services requested by this ITB within a reasonable time, and must be able to meet the minimum licensing, bonding, insurance, and contractual requirements of this ITB. The town reserves the right to request a Bidder to provide additional information or documentation to demonstrate that it is a “Responsible Bidder.” Failure to provide the requested additional information will be sufficient grounds for the town to declare the Bidder to be not “responsible” for the purposes of this ITB.
To be considered a “Responsible Bidder,” the Bidder’s majority (51%) ownership, whether public or private, must be held by citizen(s) or lawful permanent resident(s) of the United States.
To be considered a “Responsible Bidder,” the Bidder must attach to its bid a copy of any and all business licenses needed for the Bidder to provide the requested goods and/or services, including all federal, state, and local business and professional licenses required to provide the good and/or services requested by this ITB in Wood County.
If the Bidder is a corporation, a copy of a current Annual Corporate Registration issued by the State in which the Bidder is incorporated is required to demonstrate that the Bidder is a “responsible” Bidder.
While any lawful form of business may be a “Responsible Bidder,” if the Bidder is a partnership or joint venture, a copy of the contractual agreement between the partners or the participants in the joint venture shall be provided with the bid. If the Bidder is a joint venture, information and documentation must be provided to establish whether the joint venture is a business entity created for the purpose of functioning as the joint venture, or whether the joint venture is operated through the existing legal status of the venture partners. All information regarding the legal structure and reporting of income for tax purposes of the joint venture must be provided. It is Town’s intent to only enter a contract as a result of this ITB with a single Bidder. The partnership or joint venture agreement must be adequate to its purpose of establishing a safe and well-structured good faith relationship between the participants, and must comply with all applicable laws, including all Antitrust Laws. The partnership or joint venture agreement must include adequate provisions to address unforeseen events such as the demise of any one of the partners or joint venture companies, and the like. If the Bidder is a partnership or joint venture between two existing business entities including, but not limited to, a corporation or LLC, then all partners shall be in the business of providing services which are closely similar or identical to those Services solicited by this ITB. If Town determines that the form of the Bidder’s business, partnership, or joint venture, was not created for a legitimate business purpose, could impair the Bidder’s performance in response to this solicitation, poses a liability to the town, or is otherwise not in the best interest of the town, then Town reserves the right to disqualify the Bidder and determine that Bidder is not responsible for fulfilling the terms of Bidder’s offer. Town reserves the right to reject as “non-responsive” or “not responsible” any bid that requests the town to enter contracts with multiple Bidders.
G. Insurance, Warranty, Indemnity and Other Requirements for “Responsible” Bidders.
In order to be considered a “Responsible Bidder,” all Bidders may be required to meet minimum insurance, warranty, indemnity and other requirements set forth in more detail in “Attachment A- Goods and/or Services Requested, Format of Bids, Evaluation Criteria for Award, and Contract Requirements,” which is incorporated by this reference.
H. The town of North Hills Reservation of Rights to Cancel this ITB, to Amend the ITB Process, to Disqualify Bidders, and to Waive Irregularities and Technicalities.
Town, at the discretion of its council, reserves the right to amend this ITB and all attachments in any way and at any time, without cancelling the same in its entirety, before the deadline for the submission of bids. Any addendum that amends this ITB will be made available to all Bidders. If an addendum is issued less than seventy-two (72) hours before the submission deadline, the submission deadline will be extended by seventy-two (72) hours after the issuance of the addendum. Town reserves the right to reject any bids submitted in response to this ITB, and to waive any irregularities or technicalities in bids received whenever such rejection or waiver is in the best interest of the town.
The town has the right to disqualify the bid of any Bidder on the basis that the bid is “nonresponsive” or the Bidder is not a Responsible Bidder.” A bid shall be deemed “nonresponsive” if it fails to include all the information or documents required by this ITB, or if a Bidder fails to meet the minimal requirements to be eligible for consideration, including but not limited to, a lack of capacity to do the work or provide the services requested, a lack of proper insurance, the lack of a valid business license, negative past performance ratings on town projects, being disqualified from working for the town because of poor performance on a prior project, a litigation history unsatisfactory to the town, or some other reason that gives the town reason to question the responsibility or reliability of the Bidder.
The town reserves the right to request a Bidder to provide additional information in response to any concern that a Bidder may not be a “Responsible Bidder.” Failure to provide the requested additional information will be sufficient grounds for the town to declare the Bidder to be not “responsible” for the purposes of this ITB.
Bidders represent that, to the best of their knowledge, all information that they submit to the town in response to this ITB, whether through a bid or otherwise, is true, accurate, and complete. If Town determines that information submitted by the Bidder is incorrect, insufficient, or inadequate Town may disqualify a bid as “non-responsive.” If Town determines that a Bidder intentionally misrepresented information submitted in response to the ITB, Town may disqualify the Bidder on the basis that it is “not responsible” for this solicitation and in future solicitations.
I. Costs Associated with Submitting Bids.
Bidders are solely responsible for all costs associated with submitting their bids and will not be reimbursed for the same.
J. Examination of the Site.
In undertaking the work under this Contract, the Bidder acknowledges that it has visited the project site and has taken into consideration all observed conditions that might affect the work and has incorporated the same into their bid.
K. Scope of Work.
* Site preparation including calling 811 to clear site of underground utilities, excavating site to 1 – 2% grade, installing 3 – 4″ gravel for drainage, delivering and installing geo-textile for weed control with help from town volunteers (projected to be 3 people).
* 12″ plastic playground border with spikes for containment of engineered wood fiber playground surface. The volunteer group to install border around playground perimeter.
* Vendor to provide on-site delivery of engineered wood fiber required for designed equipment fall height. Volunteer group to spread the engineered wood fiber inside of playground plastic border over the geo-textile.
* Vendor to provide on-site delivery of selected commercial-grade, IPEMA-certified playground equipment (warranty information to be provided). Playground equipment to be designed for ages 2 -12 years old and be ADA-compliant. Bidder to provide equipment and labor to secure equipment to the ground along with supervised consulting to assist volunteer group with assembly of equipment. Upon completion of assembly and surface preparation, bidder to perform inspection to ensure that ASTM Safety standards are satisfied.
L. Playground component suggestions:
* Swing set having minimum 5″ posts with a combination of 2 smaller swings for pre-school children and 2 larger swings to accommodate older children.
* Play structure with a transfer station and 3 slides
* 3 climbing features
* Play panels and other miscellaneous features
* Any additional playground equipment that can be provided while keeping the total cost around $50,000.
Please contact Don Stemple, Town of North Hills Director of Parks and Recreation, at 740-525-4251 or [email protected] with any questions.
May 30