Raleigh

Legal Notice

North Beckley Public Service District
Raleigh County, West Virginia

ADVERTISEMENT FOR BIDS
Sealed Bids for the construction of the Wastewater System Upgrade (Phase 1) PART A Project for the following contract will be received by the North Beckley PSD at the their office at 122 Clear Water Lane, Beckley, WV 25801, until 1:00 pm local time on April 9, 2024 at which time the Bids received will be publicly opened and read. Bids will be received for each contract until the scheduled opening time for that contract. The work to be bid on is described as follows:

Contract 1 – Sprague Lift Station and Forcemain

The work shall consist of constructing of approximately (1) 5500 feet of 16” forcemains, 6 forcemain cleanouts, 3 air vacuum/air release valves, trench pavement repairs, pavement overlays, 2500 gpm Sprague lift station Upgrade, security fencing, three stationary emergency standby diesel generators including automatic transfer switches, (2) WWTP pretreatment upgrades, all testing, and all other related work. Also, furnish submersible sewage pumps for existing main sewer lift station at WWTP.

Contract Times: 330 calendar days to substantial completion and 360 calendar days to complete work ready for final payment. Liquidated damages-$1,000 per day.

Any contract or contracts awarded under this invitation for bids are expected to be funded in part by grants and loans from: the West Virginia Department of Environmental Protection State Revolving Fund, West Virginia Infrastructure and Jobs Development Council, and other State funding agencies. Neither the United States, the State of West Virginia nor any of their departments, agencies or employees are to be employees are or will be a party to this invitation to bid or any resulting contract.

Bids shall be submitted on the furnished Bid forms. Bids shall be on a unit price basis as indicated on the Bid Form. The two (2) envelope bid system will be used on this project. ENVELOPE #1 will be labeled with the Project Name, Contract Number, Contractor’s Name and Address, Date and Time of Bid Opening and clearly state “ENVELOPE NO. 1” and “BID OPENING REQUIREMENTS” contain the required bid documents.

ENVELOPE #2 will be labeled “BID PROPOSAL” will contain only the bid form and bid schedule and shall be placed inside of ENVELOPE #1

Envelope #1 will be opened first and the following Bid Opening Requirement items checked to make sure that all the documents are in order.

A. Bid submitted on time.
B. Bid Guarantee Bond, Certified Check, Cashier’s Check, or Letter of Credit
C. Certification of receipt of all Addenda to Plans and Specifications
D. Certification of Non-Segregated Facilities
E. Equal Employment Opportunity Certification
F. WV Contractor’s License
G. WV Alcohol and Drug Free Workplace Affidavit
H. Contractor’s American Iron & Steel Certification
I. Certification of Bidder Regarding Compliance with the WV Jobs Acts
J. Disadvantaged (Small, Minority and Women’s) Business Enterprises Certification
K. Power of Attorney (Corporate Authorization Resolution)

If the documents in Envelope #1 are found to be in order, Envelope #2 containing the bid will be opened and publicly read aloud. If the documents in Envelope #1 are not in order, the Envelope #2 containing the bid will not be opened and the bid will be considered nonresponsive and will be returned to the Bidder.

The Issuing Office for the Bidding Documents is: E.L. Robinson Engineering, 93 Virginia Street, Beckley, WV 25801 – Phone (304) 252-7473. Prospective Bidders may examine the Bidding Documents at the Issuing Office on Mondays through Fridays between the hours of 9 am to 4 pm and may obtain copies of the Bidding Documents from the Issuing Office.

Bidding Documents also may be examined at the following locations:

North Beckley PSD
122 Clear Water Lane
Beckley, WV 25801

Contractors Association of WV
2114 Kanawha Boulevard East,
Charleston, West Virginia 25311

F.W. Dodge Company
McGraw-Hill Information Systems Company
#2 Players Club Drive
Charleston, WV 25311

E.L. Robinson Engineering Co.
93 Virginia Street
Beckley, WV 25801 – Phone (304) 252-7473

Printed copies of the Bidding Documents may be obtained from the Issuing Office, during the hours indicated above, upon non-refundable payment of $275.00. Checks for Bidding Documents shall be payable to “E.L. Robinson Engineering Company”. Upon request and receipt of the document deposit indicated above plus a non-refundable shipping charge of $35.00. The Issuing Office will transmit the Bidding Documents via delivery service. Checks for Bidding Documents shall be payable to “E.L. Robinson Engineering Co”. The date that the Bidding Documents are transmitted by the Issuing Office will be considered the Bidder’s date of receipt of the Bidding Documents. 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.

Bidders must obtain copies of the Bidding Documents from E.L. Robinson Engineering in order to bid the project.

Prospective Bidders should note that this contract will include the following critical requirements as identified in the contract documents:

1. Affirmative Action Program Requirements and Goals
2. Certification of Non-Segregated Facilities
3. Specific Labor Standard Provisions
4. WV Contract Licensing Act – All bidders are required to have a WV Contractor’s License per Section 30-42-12 of the WV Code.
5. American Iron and Steel Requirement – P.L. 113-76, Section 436
6. WV Alcohol and Drug Free Workplace Act

DBE REQUIREMENTS

Each Bidder must fully comply with the requirements, terms, and conditions as set forth in the Contract Documents to achieve Disadvantaged Business Enterprise (DBE) participation during the performance of this contract. The bidder commits itself to the program for DBE participation and all other requirements, terms, and conditions of the bid conditions by submitting a properly signed bid.

The bidder agrees to make “positive good faith 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.

“The contractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The contractor shall carry out these requirements of 40 CFR Part 33 in the award and administration of contracts awarded by EPA financial assistance agreements. Failure by the contractor to carry out these requirements is a material breach of this contract which may result in the terminination of this contract or other legally available remedies.”

AMERICAN IRON AND STEEL REQUIREMENT

P.L. 113-76, Consolidated Appropriations Act, 2014 (Act), includes an “American Iron and Steel (AIS)” requirement in section 436 that requires Clean Water State Revolving Loan Fund (CWSRF) and Drinking Water State Revolving Loan Fund (DWSRF) assistance recipients to use iron and steel products that are produced in the United States for projects for the construction, alteration, maintenance, or repair of a public water system or treatment works.

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.”

SUSPENSION AND DEBARMENT

Recipient shall not entertain the use of businesses that are listed on the “System for Award Management (SAM)” at www.sam.gov in accordance with 2 CFR Part 1532 and Subpart B and C of 2 CFR Part 180.

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.

Affirmative Action Program Requirements and Goals

Each Bidder must comply with the requirements for Affirmative Action and Minority Business Enterprises participation as described in the Federal Specifications insert to the Contract Documents. Bidders much comply with Title VI of the Civil Rights Act of 1964, the Davis-Bacon Act, the Copeland Anti-Kickback Act, the Contract Work Hours and Safety Act, and the West Virginia Division of Labor Wages for Construction of Public Improvements pursuant to West Virginia Code § 21-5A-3.

Notice of Federal Wage Requirements

Contractors are required to comply with all laws pertaining to federal wage rates issued in accordance with the Davis Bacon Act.

Contractor’s Sales Tax Exemption

“The PSD is exempt from West Virginia Sales Taxes and, by West Virginia Code §11-15-8d, can now extend this tax exemption to Contractors supplying goods on their behalf. The Contractor shall coordinate with the PSD the filing of any and all applications to the State of West Virginia, exempting the purchase of the specified Goods from West Virginia Sales Tax and hereby agrees to include the savings from such sales tax exemption in its total base bid.”

All Bidders are required to have a West Virginia Contractor’s License per Section §30-42-12 of the West Virginia Code.

Any Contractor submitting a Bid on this project hereby certifies, indicates, and acknowledges that he has a license and meets all the qualifications required by the statutes of the State and subdivision in which the work is to be performed. The Contractor shall comply with the West Virginia Contractor Licensing Act and shall require all subcontractors to comply with that Act. A Contractor’s License Number is to be included on the bid submission.

A five percent (5%) Bid Bond or certified cashier’s check must accompany all Bids. Each Bidder must submit with his bid, security in the amount, form, and subject to the conditions provided for in the Instructions To Bidders.

The successful Bidder will be required to furnish a satisfactory Payment Bond and Performance Bond, each for 100% of the contract amount.

No Bidder may withdraw their bid for a period of ninety (90) days after the time of the opening of the Bids.

The Owner reserves the right to reject any and all Bids.

A MANDATORY pre-bid conference will be held at 1:00 pm local time on March 20, 2024 at the North Beckley PSD Office, 122 Clear Water Lane, Beckley, WV 25801.

Owner: North Beckley PSD
By: Todd Robinson
Title: Chairman
Date: March 6, 2024 [Date of initial publication of Advertisement]