Summary of Specifications:
The City of Jacksonville is requesting BIDS for Gum Branch Sidewalk Installation Project located in Jacksonville, North Carolina: Description: Work to be performed under this Contract includes, but is not limited to, materials, equipment and labor for installing sidewalks, new handicap ramps, curb and gutter, driveway aprons, relocation of stormwater drop inlets and pipe, demolition, establishing sod on all disturbed areas and all other work required to complete the project. All bids are to be returned to Jim Higgins by 5:00 PM on November 1, 2012 at the Engineering Division at Jacksonville City Hall located at 815 New Bridge Street, Jacksonville, NC 28540. The City of Jacksonville will conduct a Pre-Bid Meeting at City Hall on October 18, 2012 at 10:00 a.m. in Meeting Room A, immediately followed by a site visit. The CONTRACT DOCUMENTS may be examined and/or obtained at the office of Engineering Division Jacksonville City Hall, at Jacksonville City Hall, located at 815 New Bridge Street, 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. BID BOND: Each Bidder must deposit a five (5%) percent Bid Security with his/her Bid. LICENSURE: BIDDERS must be properly licensed under Chapter 87 of the North Carolina General Statutes and under Municipal Code 11-9. A Business Privilege License is required to engage in business in the City of Jacksonville. WITHDRAWAL OF BID: No Bid may be withdrawn within sixty (60) days after the date of Bid Opening.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 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 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. BONDS: The successful Bidder, upon award of contract, shall furnish a Payment Bond for 100% of the project price; and a Performance Bond for 100% of the project price. A Surety licensed to do business in the State of North Carolina must issue the Payment Bond and the Performance Bond. The Bonds will be executed by the signing of a Power of Attorney by the Surety and will list the Resident North Carolina Agent. 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 and his/her Surety of such delay, neglect, or default, specifying the same. If the Contractor or Surety, within a period of ten (10) days after such notice, shall not proceed in accordance therewith, then the Owner shall upon written notification from the Engineer of the fact of such delay, neglect, or default and the Contractor's failure to comply with such notice, 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, then the said Surety shall be entitled to receive this difference, and in case such expense shall exceed the sum which would have been payable under the Contract, then the Contractor and the Surety 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, please contact Jim Higgins, City of Jacksonville, at (910) 938-5249 or TDD (910) 455-8852.
