Kanawha

Legal Notices

ADVERTISEMENT FOR BIDS CITY OF NITRO 2009 20TH STREET NITRO, WV 25143 STORMWATER IMPROVEMENTS PROJECT PHASE I General Notice City of Nitro (Owner) is requesting Bids for the construction of the following Project: Stormwater Improvements Project – Phase I – Contract No. 2021-01 Bids for the construction of the Project will be received at the Nitro Development Authority located at 201 21st Street, Nitro, WV 25143, until October 23, 2024, at 2:00pm local time. At that time the Bids received will be publicly opened and read. City of Nitro is a tax-exempt government subdivision. The Project includes the following Work: Contract No. 2021-01: Stormwater Improvements Project – Phase I Installation of approximately 1,260 LF of 60″ HPDE, 175 LF of 48″ HPDE, 175 LF of 72″ Steel Casing Pipe Bore & Jack, 60″ Concrete Wingwall W Tideflex Valve, Five (5) 60″ Diameter Junction Boxes W Frame & Cover, One (1) Type “G” Catch Basin W Type I Grate, Seven (7) Connections to Existing Storm Sewer, approximately 225 LF of Stone Resurfacing, approximately 40 TN of Rock Rip Rap, approximately 1,100 SY of Concrete Street Replacement and approximately 1,300 SY of Asphalt Street Replacement. Contract No. 2021-01 has an expected duration of 365 days. Contractor shall pay Owner $1,000.00 for each day that expires after the contractual substantial completion date (as duly adjusted pursuant to the contract) until the work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining work within the Contract Times (as duly adjusted pursuant to the contract) for completion and readiness for final payment, Contractor shall pay Owner $1,000.00 for each day that expires after such time until the work is complete and readiness for final payment. Sources of Funding This project is funded by a combination of grants from the 2023 Congressional Directed Spending Fund, the 2023 Governor’s Appropriation Match Fund, and the City of Nitro. Obtaining the Bidding Documents Bidding Documents may be examined at the following locations: New River Engineers, Inc. 501 Eagle Mountain Road Charleston, WV 25311 and Contractor’s Association of West Virginia 2114 Kanawha Blvd., East Charleston, WV 25311 F.W. Dodge Corporation www.dodge.construction.com The Issuing Office for the Bidding Documents is: New River Engineers, Inc. 501 Eagle Mountain Road Charleston, WV 25311 Prospective Bidders may obtain or examine the Bidding Documents at the Issuing Office on Monday through Friday between the hours of 8:00 am and 5:00 pm and may obtain copies of the Bidding Documents from the Issuing Office as described below. Partial sets of Bidding Documents will not be available from the Issuing Office. Neither Owner nor Engineer will be responsible for full or partial sets of Bidding Documents, including addenda, if any, obtained from sources other than the Issuing Office. All bidders shall purchase a set of bidding documents for each contract for which they intend to render a bid from the Engineer. Bids rendered will be considered non-responsive if documents have not been purchased by that contractor for the contract. Bidding Documents may be purchased from the Issuing Office during the hours indicated above. Cost does not include shipping charges. Upon Issuing Office’s receipt of payment, printed Bidding Documents or electronic documents on compact disk will be sent via the prospective Bidder’s delivery service. The shipping charge amount will depend on the shipping method chosen. Bidding Documents are available for purchase in the following formats: Format Bidding Documents (including Full-Size Drawings) Contract No. 2021-01 Cost $200.00 (Each) Format Electronic Bidding Documents For Each Contract Cost $100.00 (Each) Mandatory Pre-bid Conference A pre-bid conference for the Project will be held on October 9, 2024, at 2:00pm at Nitro Development Authority, 201 21st Street, Nitro, WV 25143. Attendance at the pre-bid conference is required. Instructions to Bidders The Bid opening procedures shall be a two-envelope system. The system shall consist of two separate and distinct envelopes each with proper identification. The envelopes shall be identified as “Bid Opening Requirements” (first envelope) and the other as “Bid Proposal” (second envelope). The first envelope must be submitted in a sealed envelope containing Bid Bond, Certificate of Compliance, Power of Attorney and all other necessary documents as specified in the Bidder’s Checklist. The second envelope must be a separate sealed envelope containing the Form of Proposal for the contract that is being bid. Both the first envelope and second envelope must have the following information in the lower left-hand corner: Name and Address of Bidder, Bid for Contract No. 2021-01 – Stormwater Improvements Project – Phase I, Opening Time _____ P.M., L.P.T., on __________, 2024. The first envelope will be opened first, and Bid Bond, Power of Attorney and Certificate of Compliance and other required documents as listed on the Bidder’s Checklist will be checked to make sure that all the documents are in order. If the documents are found to be in order, the second envelope containing the Bid will be opened and publicly read aloud. If the documents are not in order, then the second envelope shall be returned to the Bidder unopened. At that time, the Engineer will declare the bidder non-responsive. For all further requirements regarding bid submittal, qualifications, procedures, and contract award, refer to the Instructions to Bidders that are included in the Bidding Documents. Bids received after the closing date and time will be considered unresponsive and returned unopened. City of Nitro reserves the right to reject any and all bids. Bid Hold Bids will be held for a period of 90 days after bid opening. Bid Bond A Bid Bond in the amount of 5% of the total bid price shall be provided in envelope number one. The Bond shall be payable to City of Nitro, Kanawha County, West Virginia. Failure to provide the appropriate bid bond will result in the disqualification of the bid. Contractors License All Bidders are required to have a West Virginia Contractor’s License per Section 30-42-12 of the West Virginia Code. A copy of the General Engineering Contractors License shall be included in envelope number one. Drug Free Workplace West Virginia code 21-1d-5 provides that any solicitation for a public improvement construction contract requires each vendor that submits a bid for the work to submit at the same time an affidavit of compliance with the bid. The enclosed drug-free workplace affidavit must be signed and submitted in the first envelope as evidence of the vendor’s compliance with the provisions of article 1d, chapter 21 of the West Virginia code. failure to submit the signed drug-free workplace affidavit in the first envelope shall result in disqualification of such bid. Contractor shall supply a completed Drug Free Workplace Affidavit in accordance with West Virginia Code 21-1D-5. American Iron and Steel Section 746 of Title VII of the Consolidated Appropriations Act of 2017 (Division A – Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2017) and subsequent statutes mandating domestic preference applies an American Iron and Steel requirement to this project. All iron and steel products used in this project must be produced in the United States. The term “iron and steel products” means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and Construction Materials. WV Alcohol and Drug Free Workplace Act West Virginia code 21-1d-5 provides that any solicitation for a public improvement construction contract requires each vendor that submits a bid for the work to submit at the same time an affidavit of compliance with the bid. The enclosed drug-free workplace affidavit must be signed and submitted in the first envelope as evidence of the vendor’s compliance with the provisions of article 1d, chapter 21 of the West Virginia Code. Failure to submit the signed Drug-Free Workplace Affidavit in the first envelope shall result in disqualification of such bid. Federal Wage Requirements Contractors are required to comply with all laws pertaining to prevailing federal wage rates issued in accordance with the Davis Bacon Act. The contractor will be required to pay the federal wage rates appropriate for each worker classification. Suspension and Debarment Recipient shall not entertain the use of businesses that are listed on the “Excluded Parties List System” at www.epls.gov in accordance with 2 CFR Part 1532 and Subpart B and C of 2 CFR Part 180. Nondiscrimination in Employment Bidders on this work will be required to comply with the President’s Executive Order No. 11246. The requirements for bidders and contractors under this order are explained in the specifications. DBE Requirements Each Bidder must fully Comply with the Disadvantaged Business Enterprises, and Affirmative Action Requirements, as identified in the contract documents. The Bidder agrees to make “positive efforts” to subcontract a portion of the total value of the contract to Disadvantaged Business Enterprises. This shall be done in compliance with the six (6) affirmative steps as outlined in 40 CFR 33.240. Failure to demonstrate positive efforts to do so may lead to rejection of bids. For this program, the term “subcontract” includes all construction, modification, and service work contracted for by the bidder in the execution of the work under this contract. Domestic Preference 1. As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. 2. For purposes of this section: a. “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. b. “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. Small Unmanned Aircraft Systems a.k.a., Drones, Purchases and Operation Costs 1. If needed, contractors may use small, unmanned aircraft systems (UAS) as defined at 14 C.F.R. Part 107.3. Contractors must have prior approval of costs and tasks before purchasing, leasing, or otherwise using UAS on the project. 2. The Contractor agrees to abide by all the Federal Aviation Administration (FAA) regulatory requirements of 14 C.F.R. Part 107 including registration, certification, and training of small UAS. This includes but is not limited to recipients complete small UAS operator training at a FAA approved Airman Knowledge Testing Center, complete remote pilot certification (FAA Airman Certificate and r Rating Application Form 8710-13), and complete FAA UAS registration. The Contractor must provide copies of registration, certification, and training certificates to the Owner prior to operating UAS to ensure compliance with Federal funding agreements. Telecommunications 200.216 Prohibition On Certain Telecommunications And Video Surveillance Services Or Equipment 1. Recipients and sub recipients are prohibited from obligating or expending loan or grant funds to: a. Procure or obtain. b. Extend or renew a contract to procure or obtain; or c. Enter a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, Section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). 2. For public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). 3. Telecommunications or video surveillance services provided by such entities or using such equipment. 4. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. 5. In implementing the prohibition under Public Law 115-232, Section 889, Subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained. 6. See Public Law 115-232, section 889 for additional information. 7. See also 200.471. Signage The recipient is required to place a physical sign displaying the EPA logo at the construction site for this project in an easily visible location that can be directly linked to the work taking place. The sign must be maintained in good condition throughout the construction period. In cases where the construction site covers a large area (e.g., lead service line replacement or septic tank repair eplacement projects), a sign should be placed in an easily visible location near where the work is being performed (e.g., entrance to the neighborhood, along a main road through town, etc.). Signage costs are considered an allowable grant expense, provided the costs associated with the signage are reasonable. Additionally, to increase public awareness of projects serving communities where English is not the predominant language, assistance recipients are encouraged to translate the language on signs (excluding the EPA logo or seal) into the appropriate non-English language(s). The costs of such translation are allowable grant expenses, provided the costs are reasonable. Procuring Signs: Consistent with Section 6002 of RCRA, 42 U.S.C. 6962, and 2 C.F.R. 200.323, recipients are encouraged to use recycled or recovered materials when procuring signs. EPA Logo: The recipient will ensure that signage displays the EPA logo. The EPA logo must not be displayed in a manner that implies that EPA itself is conducting the project. Instead, the EPA logo must be accompanied with a statement indicating that the recipient received financial assistance from EPA for the project. The recipient will ensure compliance with the sign specifications provided by the EPA Office of Public Affairs (OPA) available at: https:/www.epa.gov rants pa-logo-seal-specifications-signage-producedepa-assistance-agreement-recipients. As provided in the sign specifications from OPA, the EPA logo is the preferred identifier for assistance agreement projects and use of the EPA seal requires prior approval from the EPA. To obtain the appropriate EPA logo or seal graphic file, the recipient should send a request directly to Londa Scott-Forte ([email protected]) (202-564-1504) and Jini Ryan ([email protected]) (202-564-1075). Please explain in the message that the EPA logo is to be used on signage at a construction site funded with EPA assistance and copy the EPA Project Officer on the message. The following waivers apply to this Contract: De Minimis, Minor Components, Pig iron and direct reduced iron, and This Advertisement is issued by: Owner: City of Nitro By: Rich Hively Title: City Recorder Date: September 26, 2024 LC-188377 09-281/80-05;2024

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