Summary of Specifications:
ADVERTISEMENT FOR BIDS
Public Services Department City of Jacksonville P.O. Box 128 Jacksonville, North Carolina 28541
The City of Jacksonville is requesting BIDS for THOMPSON SCHOOL CREEK WATER QUALITY IMPROVEMENT in JACKSONVILLE, NORTH CAROLINA, consisting of:
Description: This project will involve the enhancement and rehabilitation of wetlands systems and installation of biotreatment areas to improve stormwater runoff treatment, site stability, and off-site sedimentation prior to entering the wetlands. The sites are located along Thompson School Creek between Wardola Drive, and Thompson School in Jacksonville, Onslow County, North Carolina. Approximately 0.72 +/- acres are expected to be disturbed during construction. Spoil material will be disposed of at an approved LCID landfill.
A MANDATORY ON-SITE PRE-BID MEETING WILL BE HELD ON JULY 6, 2005 AT 10:30 A.M. ALL PROSPECTIVE BIDDERS SHALL MEET AT THE STURGEON CITY BUILDING LOCATED AT THE WILSON BAY COMPLEX, 4 COURT STREET, JACKSONVILLE, NC.
All bids are to be returned to the City Manager’s Office by 2:00 p.m. on July 20, 2005.
The CONTRACT DOCUMENTS may be examined and/or obtained at the Public Services office. 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WITHDRAWAL OF BID: No Bid may be withdrawn within sixty (60) days after the date of Bid Opening.
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: 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 contracts for the erection, construction, alteration, or repair of any building.
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.
INSURANCES: The successful Bidder, upon award of contract, shall furnish a Certificate of Insurance. The Certificate of Insurance shall include Comprehensive Automobile Liability, $1,000,000 Single Limit and Comprehensive General Liability, $1,000,000 Single Limit/$2,000,000 Aggregate. This requirement may be satisfied with $1,000,000 General Liability and $1,000,000 Umbrella/Excess insurance. The City of Jacksonville, North Carolina, shall be listed as an additional insured on Comprehensive General Liability and Business Automobile Liability policies. An original certificate for Workers’ Compensation insurance is required and must be submitted to the City. Coverage for Workers’ Compensation shall be maintained at the limits required by the State of North Carolina. The Contractor shall secure Builder’s Risk or All-Risk Liability Insurance and provide the City an original certificate. All such insurance shall be in form and substance satisfactory to Owner, and shall be maintained with responsible insurance carriers licensed to do business in the State of North Carolina.
NC SALES TAX: North Carolina State Sales Tax shall be included in the Contract price. The Contractor shall maintain and be responsible for seeing that his/her subcontractors maintain accurate records of all payments of North Carolina State Sales Taxes on materials, supplies, fixtures, and equipment which become a part of or are annexed to buildings or structures, including roads, sidewalks, and pipelines provided under this Contract.
REQUEST FOR PAYMENT: The Contractor shall submit with his/her request for payment, a certified statement showing such payments by himself/herself, and all subcontractors listing invoices from various suppliers showing invoice number, amount paid and date. Sales tax records and certified statements shall be in such form and substance as to meet the requirements of the North Carolina State Department of Revenue in the matter of the City obtaining a refund from the State of North Carolina of sales taxes paid by the Contractor and his/her subcontractors.
COMPLETION AND PAYMENT: This project is to be completed within ONE HUNDRED (100) days after the City has issued the Notice to Proceed. Payment for this project will be made with one monthly payment in accordance with Supplementary Conditions, 14. Partial Payments, and the remaining balance when the project is completed and accepted by Owner. The Contractor agrees that as liquidated damages for delay (but not as a penalty) the Contractor will pay ONE THOUSAND DOLLARS ($1,000.00) for each consecutive calendar day from the monies, which may be due or become due said Contractor for the work in this project. The Contractor further agrees to guarantee the quality of the finished product for a period of TWELVE (12) MONTHS following acceptance by the City.
DISPUTE RESOLUTION: Any dispute arising from a forthcoming agreement to construct THOMPSON SCHOOL CREEK WATER QUALITY IMPROVEMENTS 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 regarding the project design, please contact Thomas S. Blue, BLUE: Land, Water, Infrastructure, at (919) 690-5922, 1271 Old Highway #1 South , Southern Pines, NC 28387. Contract document questions should be directed to Wynne M. Ray, City of Jacksonville, at (910) 938-5249.
