The City of Jacksonville is requesting BIDS for Utility Cuts Project for FY17-18, August 2017
thru June 30, 2018 located in Jacksonville, North Carolina:
Description: This contract is for an estimated 1,800 square yards of utility cuts
located throughout the City of Jacksonville for August 2017 thru June 30, 2018.The project is divided into (4) quarters with an estimated 450 SY per quarter. This contract will expire on June 30,2018. Contractor can request payment once the 450 SY has been completed for each individual quarter.
All bids are to be returned to Johnny Stiltner by 9:00 a.m. on August 14, 2017 at the City of
Jacksonville, Streets Division located at 350-A South Marine Boulevard, Jacksonville, NC 28540.
The CONTRACT DOCUMENTS may be examined and/or obtained at the office of, Streets Division
located at 350-A South Marine Boulevard, Jacksonville, NC 28540. Persons requesting shipment
of documents shall bear the additional, non-refundable cost of shipment.
The Jacksonville City Council reserves the right to waive any informalities, to reject any or all bids,
and to accept that Bid or Bids which appear to be in the Owner's best interest.
LICENSURE: BIDDERS must be properly licensed under Chapter 87 of the North Carolina General
Statutes and under Municipal Code 11-9.
E-VERIFY COMPLIANCE PROVISION: North Carolina General Statute §143-133.3 prohibits the
City from entering into contracts with contractors and subcontractors who have not complied with
the requirement of Article 2 of Chapter 64 of the North Carolina General Statutes. Contactor shall
comply with the requirements of Article 2 of Chapter 64 of the North Carolina General
Statutes. Further, if contractor utilizes a subcontractor, contractor shall require the subcontractor
to comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes.
WITHDRAWAL OF BID: No Bid may be withdrawn within sixty (60) days after the date of Bid
Opening.
BID PROTEST PROCEDURES: All protests must be in the form of writing and must be delivered
to the City Clerk’s Office prior to the award by the Jacksonville City Council or issuance of a
purchase order. The procedure is as follows:
1. The protester (offeror) who protests a bid will deliver a written statement to the City
Clerk’s Office outlining the reason for the protest prior to award or issuance of a
purchase order.
2. The City Clerk will inform the City Manager and Department Head that a formal protest
has been received.
3. The City Clerk and Department Head will review the formal protest for merit and also
any other justification for not awarding to the recommended vendor.
4. The City Manager may review the case at this point but may choose to delegate this
responsibility. The City Manager may request a protest meeting of all parties, including
the protester, to review the matter.
5. The City Manager and his advisors will make a final determination concerning the
protest after a complete review of the data and interviews with the protester.
6. The protester is notified, in writing, the decision of the City Manager. Either party may
request a formal meeting at this time.
7. If the protester is not satisfied with this decision, the protester may now protest the
award to the City Council after notifying the City Manager. The notification must be in
writing and delivered to the City Manager’s office prior to the next scheduled Council
meeting.
8. The City Council will consider the protest at their next scheduled meeting.
9. The protester will appear before City Council and present his protest and arguments.
10.The Council will consider the protester’s argument and make a decision by voting on
the protest. The decision of City Council concerning the protest is final.
EQUAL OPPORTUNITY: The City of Jacksonville is an Equal Opportunity Employer and Service
Provider and encourages participation by small-, minority-, and female-owned firms. Bidders
must make positive efforts to use Small or Minority Business enterprises. All qualified Small and
Minority businesses are welcome to submit a bid.
MINORITY BUSINESS PARTICIPATION: The CITY has established a verifiable goal of ten percent
(10%) for minority participation on City building construction and repair projects. In order to
foster participation by minority businesses to conduct business with the City and in accordance
with NCGS 143-131(b) and Resolution 1994-08, the City of Jacksonville will solicit minority
participation in all construction related contracts. Bidders shall undertake good faith efforts to
recruit minority business participation on this project. The minority business must be registered
with the North Carolina State Department of Administration, Office of Historically Underutilized
Businesses. BIDDER must complete and submit either Affidavit A or B with their Bid proposal.
DISPUTE RESOLUTION: Any dispute arising from a forthcoming agreement to construct this
project shall be subject to non-binding mediation in accordance with the rules as set forth in City
of Jacksonville Resolution #2002 – 28 titled “Senate Bill Dispute Resolution”. The following
disputes are not subject to mediation: i.) A dispute seeking a non-monetary recovery; and ii.) A
dispute seeking a monetary recovery of $15,000 or less. The full text of the City of Jacksonville’s
Resolution is included as Exhibit B.
DEFAULT AND ANNULMENT OF CONTRACT: If the Contractor fails to begin the work under
Contract within the time specified, or fails to perform the work with sufficient employees and
equipment or with sufficient materials to ensure the prompt completion of said work, or shall
perform the work unsuitably, or shall neglect or refuse to remove materials or perform anew such
work as shall be rejected as defective and unsuitable, or shall discontinue the work, or shall fail
to resume the work which has been discontinued within a reasonable time after notice to do so,
or if the Contractor shall become insolvent or be declared bankrupt, or commit any act of
bankruptcy or insolvency, or allow any final judgment to stand against him unsatisfied for a period
of ten (10) days, or shall make an assignment for the benefit of creditors, or from any other cause
whatsoever shall not carry on the work in an acceptable manner, the City shall give notice in
writing to the Contractor of such delay, neglect, or default, specifying the same.
If the Contractor, within a period of ten (10) days after such notice, shall not proceed in
accordance therewith, then the Owner shall have full power and authority, without violating the
Contract, to take the prosecution of the work out of the hands of said Contractor. The Owner
may appropriate or use any or all materials and equipment on the ground as may be suitable and
acceptable and may enter into an agreement for the completion of said Contract according to the
terms and provisions thereof, or use such other methods as in his/her opinion shall be required
for the completion of said Contract in an acceptable manner.
All costs and charges incurred by the Owner together with the costs of completing the work under
Contract shall be deducted from any monies due or which may become due said Contractor. In
case the expense so incurred by the Owner shall be less than the sum which would have been
payable under the Contract if it had been completed by said Contractor and in case such expense
shall exceed the sum which would have been payable under the Contract, then the Contractor
shall be liable and shall pay to the Owner the amount of said excess.
RIGHT TO TERMINATE CONTRACT: If in the judgment of the Owner, the Contractor is not
capable of performing the desired work in accordance with the Contract documents either because
of financial reasons, failure to supply necessary skilled workmen, unsatisfactory tools or
equipment, inadequate supervision, or revocation of the Contractor's license, the Owner shall
have the right to cancel or terminate under this Contract by giving the Contractor seven (7) days
written notice.
CONTROLLING LAW: Any agreement, contract, or purchase order resulting from this invitation,
request for bid, quote, or request for proposal shall be governed by the laws of the State of North
Carolina.
If you have any questions, or if you would like the complete bid document, please contact Jimmie
Myers, City of Jacksonville, at (910) 938-5334 or TDD (910) 455-8852. If you have technical
questions, please call Mickey Sumner at 910-938-5333.
Statewide