Legal Notices

REQUEST FOR PROPOSALS DEMOLITION OF STRUCTURES LOCATED IN LOGAN COUNTY, WEST VIRGINIA Alvis Porter, Jr., (304) 687-7204 [email protected] Ray Perry (304) 687-9680 [email protected] Intent: These specifications are intended to describe Demolition Services for private dwellings and commercial structures and properties for the Logan County Commission. The details contained in the following specifications are not designed to exclude any company from bidding but are offered as a means of describing the needs of the Logan County Commission. Any deviations from the stated specifications must be described in detail. The merit of such deviations will be considered with regard to the Logan County Commission’s intended use. Mandatory Pre-Bid Conferences: A Mandatory Pre-Bid Conference will be held on Monday, June 23, 2025, and on Tuesday, July 1, 2025, at 10:00 o’clock a.m. in the offices of the Logan County Commission, 325 Stratton Street, 1st Floor, Logan, WV 25601. Attendance is mandatory. Proposal Due Dates & Public Bid Openings: Sealed proposals will be received until Monday, June 30, 2025,and until Monday, July 7, 2025, at 2:00 o’clock p.m. in the offices of the Logan County Commission, 325 Stratton Street, 1st Floor, Logan, WV 25601, at which time all proposals will be opened and read aloud. The public is welcome to attend. Preparation of Proposal: Each proposal must be submitted in a sealed envelope bearing on the outside the name of the bidder, his/her address, and name of the project for which the proposal is submitted with the bid opening date and time. Where sealed proposals are forwarded by mail, they shall be enclosed in another envelope addressed to Alvis Porter, Jr., and Ray Perry, Logan County Commission Annex Building, 325 Stratton Street, 1st Floor, Logan, WV 25601. Additionally, the name of the bidder should appear in the upper left-hand corner, with the name of the project and the bid opening date and time marked plainly on both envelopes. This is to ensure the proposal being received at the proper location by the proper bidding time and will prevent accidental opening of the main bidding package. Each package shall include two (2) copies of the vendor’s proposal. Addenda: All questions pertaining to the specifications shall be submitted in writing to Alvis Porter, Jr., via email to [email protected] or to Ray Perry via email to [email protected] no later than 9:30 o’clock a.m., Monday, June 23, 2025, and Tuesday, July 1, 2025. Questions submitted will then be compiled and answered in an addendum to be issued after the mandatory pre-bid on June 23, 2025, and on July 1, 2025. The Logan County Commission will not be held responsible for oral interpretations of the specifications given by any of its employees, representatives, or others. The issuance of a written addendum is the only official method whereby interpretation, clarification, or additional information pertaining to the specifications can be given. If any addenda are issued to this RFP, the County will attempt to notify all prospective bidders who have secured the original RFP document. However, it will be the responsibility of each vendor, prior to submitting their competitive proposal, to contact Alvis Porter, Jr., via phone at (304) 687-7204 or via email to [email protected] or to Ray Perry via phone at (304) 687-9680 or via e-mail to [email protected] to determine if any addenda were issued and to make such addenda a part of their competitive proposal. Method of Award: The Logan County Commission reserves the right to reject any or all bids and is not necessarily bound to accept the lowest bid if that bid is contrary to the best interest of the Logan County Commission. In making an award, intangible factors such as bidder’s service, integrity, facilities, equipment, reputation, and past performance will be weighed. The Logan County Commission also reserves the right to request additional information from any bidder who submits a proposal for the work outlined in this document. This request for information would occur after the submission deadline and before an award is made. Equal Employment Opportunities: The successful bidder for this project, prior to the issuance of a contract, shall certify that they do not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, handicap, or national origin. Payment Terms: The successful bidder may expect payment by the Logan County Commission within thirty (30) days following delivery and acceptance of the item(s) purchased and installed, and receipt of a proper invoice. An acceptance letter/final invoice must be reviewed and signed by an authorized representative of the Logan County Commission. Delinquent Taxes: No contract or purchase of materials or equipment will be awarded to a company whose tax account with the Logan County Sheriff is delinquent. Bid Surety: A bid surety in the form of a cashier’s or certified check, or a bond written by a company licensed to do business in West Virginia in the amount equivalent to 5% of the bid price will be made payable to the Logan County Commission, and must accompany all bids. The bid surety will be forfeited to the Logan County Commission if the bidder fails to execute a contract within five (5) days from date of notification that he/she has been awarded the contract. Unsuccessful bidders will receive a full refund of their surety. The successful bidder will receive a full refund upon executing the contract. General Conditions: This Request for Proposals (RFP) is being issued to obtain proposals from qualified firms wishing to contract with the Logan County Commission to perform Demolition Services for demolition of private dwellings and commercial structures and properties. The successful bidder shall conform to relevant Federal, State and Local regulations, obtain proper permits related to these projects and provide copies of insurance and worker’s compensation certificates. In making an award, technical feasibility and reliability, past performance, experience, and qualifications will be considered. The response to this request for proposals should be signed by a representative of the firm who is authorized to contractually bind the firm. Proof of Disposal: A copy of every weigh bill from an approved landfill or transfer station must be provided to the Logan County Commission prior to any payment being remitted. ADDRESSES: All addresses must match, i.e., property physical address and address on invoices. The Contractor should be aware that the Logan County Landfill may not be available to receive materials. Changes, Amendments or Modifications to Proposals : Any changes, amendments, or modifications to a proposal statement must be made in writing, submitted in the same manner as the original response and conspicuously labeled as a change, amendment of modification to a previously submitted proposal. Changes, amendments, or modifications to proposals shall not be accepted or considered after the hour and date specified as the deadline for submission of proposals. Contract Terms: The contract for the demolition services shall be for a period of thirty (30) days from the date of contract execution, with the Logan County Commission having an option to renew the contract under the same terms and conditions, contained herein, and at the prices quoted in the submitted proposal for thirty (30) additional days. Pending Lawsuits: The successful firm must indicate any pending legal actions against it. General Specifications: The work outlined in this RFP shall consist of complete removal of private dwellings and commercial structures and appurtenances as are specifically designated to be cleared. The structures in question have been identified and cleared for demolition by the Logan County Commission through specific processes required through the WV Department of Environmental Protection’s (DEP) Reclamation of Abandoned and Dilapidated Properties Program (RADPP). Before beginning any work, the Logan County Commission shall confirm to the Contractor the demolition at each location. Scope of Work: The work to be completed hereunder includes the furnishing of all supervision, labor, materials, machinery, tools, supplies, plant equipment, services and appurtenances including utilities and transportation necessary for the complete and satisfactory demolition of structure(s). 1. The Contractor shall take all necessary precautions to protect all property (streets, utilities, etc.) from damage by the Contractor’s equipment. The Contractor shall remove and segregate all hazardous materials identified. The Contractor, in accordance with DEP guidelines, shall remove refrigerators, air conditioners and other hazardous materials. 2. Payment of worker’s compensation, overtime, and any other required coverage are the exclusive responsibility of the Contractor as required by Local, State and/or Federal Law or Regulations, where applicable. 3. All buildings shall be cleared and removed from the project area and all of the same shall be transported to and legally disposed of by the Contractor at an approved and properly licensed sanitary landfill per DEP requirements. Copies of the tipping fees or demolition landfill licenses shall be supplied to the Logan County Commission. The Contractor shall pay landfill fees. The Contractor is responsible for ensuring that debris does not fall from or blow off transporting vehicles enroute to the appropriate sanitary landfills. 4. The Contractor shall leave the demolition and project site clean and free of all and any trash and debris to the satisfaction of the Logan County Commission. 5. The Contractor shall keep the project area and public right of way reasonably clear at all times and upon completion of the work, the Contractor shall remove all equipment and materials brought onto the project area by the Contractor and used in the performance of this contract and shall leave the entire project area in a totally cleared, neat, and leveled condition appropriate to the site. Burning of trash and debris on the site is not permitted and no material removed from this project area under the contract shall be burned, buried on the project site, or deposited or placed at any place other than an approved, appropriate, and properly licensed landfill. The Following Major Items of Work are Included Herein: Asbestos Abatement: It shall be the Logan County Commission’s responsibility to identify asbestos containing material on properties. The bid properties included as part of this RFP have been assessed, tested, and deemed free of asbestos. Therefore, asbestos abatement services will not be required. Utilities: The Contractor shall contact and coordinate with any and all utilities to locate all service connections and to determine that the appropriate steps are taken to have them plugged, sealed and flagged as close to the mains as possible. It shall be required that the Contractor call Miss Utility of West Virginia, Inc. at (800) 345-4848 to do so. The Contractor shall disconnect, or have disconnected, all utilities as required. The Contractor shall excavate and properly plug and flag all underground tap locations at a point close to the property line, but not so close as to damage State or privately-owned roads, and then properly close excavations after removing all underground or aboveground pipe or wire. Demolition: The Contractor shall raze, demolish, clear, remove and dispose of all buildings, structures and foundations including basements on the project in an efficient manner and all in strict accordance with all of the contract documents. All demolition debris and waste will be removed from the site and placed in an appropriate, approved location at the expense of the Contractor. Impervious Surfaces: All impervious surfaces shall be removed and disposed of in an appropriate, approved location. These surfaces include, but are not limited to, asphalt or concrete driveways, walkways, porches, basketball courts, and patios. Costs associated with this item shall be included in the various unit bid prices. Miscellaneous Debris: Miscellaneous debris surrounding the structures, such as fallen trees, junk and litter, and any other items on the site shall be disposed of as provided herein. Any tree stumps shall be cut to ground level. The cost of this work is to be included in the various unit bid prices. Leveling and Seeding: The Contractor shall fill in all low areas, crawl spaces, etc. to a minimum of six inches (6″) above existing surrounding grade to allow for settlement. The Contractor shall provide locally approved fill material. Leveling and seeding is incidental to the various contract items and no separate payment shall be made. Areas shall be dressed with grass seed and straw. Disposal of Materials: Materials resulting from the demolition and clearance operation are to be disposed of only at properly licensed and approved sanitary landfills. The Contractor is to exercise care so as not to deposit debris on the sidewalks and streets. Any ferrous materials should not be placed in the disposal sites. The Contractor can salvage such ferrous metals. Salvageable materials resulting from the demolition and clearance operations shall become the property of the Contractor. Damage of State of WV or Privately-Owned Property: The Contractor shall exercise due care so as not to damage the sidewalks and streets. The Contractor, at no additional expense to the Logan County Commission, shall correct any damage to State of WV or privately-owned property caused by the Contractor’s demolition work. Indemnification and Care of Work: The Contractor shall be responsible for all damages to persons or property that may arise as a result of the Contractor’s acts, omissions or negligence in connection with the performance, proper care, and protection of all work performed until its completion and final acceptance by the Logan County Commission as provided hereinafter. The Contractor hereby agrees to indemnify and hold and save the Logan County Commission harmless from any and all liability, losses and claims for damages including attorneys’ fees resulting from any claims or causes of action for personal injury or property damage that may arise during and by reason of the negligent acts or omissions of the Contractor, its agents, employees and/or subcontractors during performance of the contract and hereby agrees to indemnify the Logan County Commission, State, and Federal Governments against any claims arising from such work. The Logan County Commission shall pay the Contractor for full and complete performance of the contract. The contract price shall be payable and paid in installments according to individual prices on the bid sheet after both of the following have occurred: 1. The Contractor shall have completed all work on an individual property required under this contract, and 2. The Logan County Commission shall have issued a Certificate of Acceptance, in the form of an approved inspection ticket duly signed by the Logan County Commission or their authorized agent, certifying that all work on an individual property required under the contract has been fully and satisfactorily completed and is accepted by the Logan County Commission. Time for Commencement & Completion of Work: The Contractor shall observe the following schedule for commencement & completion of work: 1. The Contractor shall commence performance under each project within ten (10) Calendar days following notice to proceed from the Logan County Commission or their designated agent. In no event shall the Contractor be prevented from commencing work under the contract for more than three (3) calendar days after the date of the contract unless a later date for commencement be mutually agreed upon in writing by the parties. 2. The Contractor shall complete each project in a timely manner or at the discretion of the Logan County Commission or their designated representative. The removal deadline is December 31, 2025. Inspection of Work and Correcting of Defects: 1. All work under the contract shall be subject to inspection, surveillance and testing by the Logan County Commission at all reasonable times, both on the project area herein described and elsewhere. All such inspections shall be performed in such a manner as will not unduly delay the work. 2. The Contractor warrants that the services and work to be rendered and completed in the time allowed. 3. At any time during the performance of the contract or within ninety (90) days after the issuance of the Certificate of Acceptance by the Logan County Commission of the work to be completed hereunder, the Logan County Commission may require the Contractor to remedy, by whatever means necessary, any failure by the Contractor to comply with the Contractor’s obligations under this contract and, except as provided in this subsection, the Contractor shall have no obligation or liability to correct or otherwise remedy any work which is claimed to be defective in workmanship or otherwise not in conformity with the requirements of the contract. Disputes & Arbitration: 1. If, at any time, a difference of opinion or dispute shall arise between the parties to this agreement with respect to any right or obligation arising under this agreement, the question in dispute, if it cannot be settled between the parties themselves, may be referred to arbitrators consisting of three competent and disinterested persons, one selected by the Owner, one by the Contractor, and the third by the two arbitrators thus chosen by the Owner and Contractor. The party desiring that any matter be submitted to arbitration shall give written notice thereof to the other party, stating therein the specific point or points in dispute and naming the person selected by said party as an arbitrator, and it shall be the duty of the other party, within fifteen (15) days after receiving such notice, to agree in writing to submit the dispute to arbitration and to name an arbitrator. If the party upon whom such notice is served fails to respond thereto within such fifteen-day period, then such failure shall be deemed a refusal by such party to agree to submit the dispute to arbitration and civil action may be filed in the Circuit Court of Logan County, West Virginia, for the purpose of resolving the dispute. In the event such other party does agree in writing to submit to arbitration but fails to name an arbitrator, the party desiring arbitration may apply to the Judge of the Circuit Court of Logan County, West Virginia, to appoint such arbitrator. Likewise, in the event of the failure of the arbitrators thus named to agree upon the third arbitrator within twenty (20) days after notification of their appointment, then the third arbitrator may be named by such Judge upon application of either party hereto, and such Judge is empowered to name such arbitrator. The arbitrators thus chosen shall give to the parties to any dispute written notice of time and place of hearing and at the time and place appointed shall proceed with the hearing, unless, for some good cause of which the arbitrators, or a majority of them, shall be the sole judge, it shall be postponed until some later date within a reasonable time. The discussion of the board of arbitrators thus constituted, or a majority of the persons composing the same, shall be made in writing and a copy thereof delivered to each of the said parties. Payment of the expenses of such arbitration, including the fees of the arbitrators, shall be as directed by the board of arbitration, or a majority thereof. 2. If the parties hereto expressly agree to submit any dispute to arbitration as herein provided then, and in such an event, the decision rendered by the arbitrators shall be binding upon the parties and shall be specifically enforceable. If the parties do not agree, in writing, to submit such dispute to arbitration, the party requesting such arbitration may file a civil action in the Circuit Court of Logan County for the purpose of resolving such dispute; however, a request for arbitration shall not be a prerequisite to filing a civil action to settle any such dispute. 3. Where the parties have submitted any question to arbitration as herein provided, the award of arbitrators shall be final and conclusive upon said parties with reference to the question so submitted and any judgment may be entered upon it in accordance with the provisions of Article 10, Chapter 55 of the Code of West Virginia, 1931, as amended. Termination of Contract and Liquidated Damages: 1. If the Contractor refuses or fails to perform this work in a workmanlike manner, to the satisfaction of the Logan County Commission or contrary to the terms of the agreement.or fails to work with such diligence as will ensure its completion within the time specified in the contract, including extensions, if any be granted, then the Logan County Commission, by written notice to the Contractor may terminate the Contractor’s right to proceed with the work. On such termination, the Logan County Commission may take over the work and prosecute the same to completion, by contract or otherwise, and the Contractor shall be liable to the Logan County Commission of any additional cost incurred by the Logan County Commission in the completion of the work and, in addition, the Contractor shall also be liable for liquidated damages for any delay in the completion of the work as is outlined in the following paragraph. 2. If the work is not completed within the time stipulated in the contract, including authorized extensions of time, then the Contractor shall pay to the Logan County Commission, as agreed, liquidated damages for each calendar day of unauthorized delay in completion of the work the sum of one hundred dollars ($100.00) per day and the Contractor shall be liable to the Logan County Commission therefore. Compliance with Laws: 1. The Contractor shall complete such action as is required to become fully informed of all State and Federal Laws and Municipal Ordinances and Regulations in any manner affecting those engaged or employed in the work, or the materials used in the work or in anyway affecting the conduct of the work and the Contractor shall at all times observe and comply with and shall cause all the Contractor’s agents and employees to observe and comply with, all such existing and future laws, ordinances, regulations, orders, and degrees and the Contractor shall further protect and indemnify the Logan County Commission and its officers and agents from any claim or liability arising from or based on the violation of any such law, ordinance, regulation order or decree, whether by the Contractor or the Contractor’s employees. 2. All notices required or authorized to be given to the Logan County Commission by the Contractor pursuant to the contract shall be delivered by the Contractor to the Logan County Commission, 325 Stratton Street, 2nd Floor, Logan, WV 25601. Insurance: The Contractor shall provide Workers’ Compensation for all of the Contractor’s employees. The Contractor shall also provide vehicle liability coverage for all vehicles and equipment of the Contractor in the total liability limits of One Million Dollars ($1,000,000.00) and general liability coverage in the amount of One Million Dollars ($1,000,000.00). The successful Contractor shall provide the Logan County Commission with certificates for the foregoing insurance coverage with the Logan County Commission designated as additional insured. Consent Required for Subcontracting: The Contractor shall not subcontract or otherwise authorize any of the work required to be completed under the contract to be done or completed by subcontract or by persons other than the Contractor and the Contractor’s representatives and employees unless the Logan County Commission shall first consent in writing to the same. Contract Documents: The contract shall consist of the following documents: 1. These specifications 2. Any addenda or supplements to the specifications 3. Contractor’s Vendor Registration 4. Workers’ Compensation Coverage 5. Certificate of Insurance Coverage 6. Bid Surety 7. One (1) year warranty for work performed. Contract Price: The Commission shall pay the contractor for the full and complete demolition of all identified properties based on a firm fixed price contract. Rejection of Bids: The Logan County Commission will consider incomplete any proposal not prepared and s