Highway 70 Stormwater Pipe Repair.pdf

CITY OF HAVELOCK

Post Office Box 368

Havelock, NC 28532

INVITATION TO BID

Pursuant to North Carolina General Statutes §143-131, the City of Havelock invites informal bids on the following:

Bids must be submitted in accordance with the attached specifications. Bids must include an itemized schedule (including quantity, unit price and total) for each work element. Bids can be submitted by mail, email, fax or hand delivered. Cover sheets, envelopes, etc. should be clearly marked with the words:

“City of Havelock, Highway 70 Stormwater Pipe Repair”

Address Bids to: Kimberly Walters, Finance Director City of Havelock P.O. Box 368 1 Governmental Ave.

Havelock, NC 28532 Fax: 252-447-0126 Email: Bids@havelocknc.us

Bids will be accepted until 1:00 PM (EST) on Tuesday, June 10, 2025 at which time they will be reviewed in the office of the City Finance Officer. Quotes are not subject to public inspection until the contract is awarded.

The bids are good for 75 days after opening. The winning bidder will be issued a Notice To Proceed (NTP) along with a Purchase Order.

Bidders are cautioned not to submit bids until the proposed requirements and specifications have been carefully examined. It will be considered that bidders will have satisfied themselves as to the accuracy of the specifications. No proposal will be considered unless prices are submitted for all items requested in any section. The City reserves the right to change the amount of quantities.

All bids submitted should be to the desired specifications. Any exceptions to the specifications will be evaluated based on the best interest of the City. Any deviation from specifications indicated herein must be clearly pointed out; otherwise, it will be considered that items offered are in strict compliance with these specifications, and bidder will be held responsible therefore. Deviations shall be explained in detail.

The bidder shall not construe this paragraph as inviting deviation or implying that any deviation will be acceptable.

The names of certain brands or makes denote quality standard in the article desired, but do not restrict bidders to the specific brand, make or manufacturer named. They are meant to convey to prospective bidders the general style, type, character and quality of the article desired.

The successful bidder on all construction contracts will be required to conduct the operation in accordance with all Federal, State, and Municipal health and safety rules, regulations and laws applicable to the operation. The successful bidder may be asked to provide the City with a copy of the company's safety plan prior to commencing work. For all projects over $30,000, a general contractor’s license must be furnished to the City if applicable.

Certificate to Transact Business in North Carolina: As a condition of contract award, each out-of-State Vendor that is a corporation, limited-liability company or limited-liability partnership shall have received, and shall maintain throughout the term of The Contract, a Certificate of Authority to Transact Business in North Carolina from the North Carolina Secretary of State, as required by North Carolina law. A contract requiring only an isolated transaction completed within a period of six months, and not in the course of a number of repeated transactions of like nature, shall not be considered as transacting business in North Carolina and shall not require a Certificate of Authority to Transact Business.

The City will not sell bid packages. Plans, specifications, and addenda may be viewed and obtained online at www.havelocknc.us. Click on: “Bid on a Contract”; “Current Bids”. The Bidder’s List is maintained by Vendor Registry. Registration for the Bidder’s List is made online at www.havelocknc.us. Click on: “Bid on a Contract”; “Vendor login/Registration”.

N.C.G.S. (North Carolina General Statutes), specifically §160A-20.1(b), prohibit the City from entering into contracts with contractors and subcontractors who have not complied with the requirement of Article 2 or Chapter 64. The Contractor shall submit the E-Verify Affidavit, located in the Bid Proposal section, with their bid. Bids that do not include this Affidavit will be considered non-responsive.

N.C.G.S 147-86.42-84 requires that contractors with a North Carolina Local Government must not utilize any subcontractor found on the State Treasurer’s Iran Divestment list or Companies Boycotting Israel list. The referenced lists can be found on the State Treasurer’s website at the address www.nctreasurers.com and will be updated every 180 days.

The City of Havelock reserves the right to reject any or all proposals and to purchase items from the state contract in the efforts to award the contract to the bidder it deems to be for the best interest of the City.

MODIFICATION AND WITHDRAWAL OF BIDS. Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. A request to withdraw a bid may be made to the Owner within 72 hours after Bids are opened in accordance with NCGS § 143-129.1 Requests to withdraw a Bid will be subject to the requirements of NCGS §143-129.1 and in the sole discretion of the City of Havelock Finance Officer.

This institution is an equal opportunity provider, and employer.

Contact person(s) for information on this bid:

For questions in regards to the bid specifications, the City requires and only responds to questions submitted in writing and sent via email to the engineer, Tom Gray, PE at tgray@hazenandsawyer.com and CC: Bids@havelocknc.us

Questions must be received by 2:00 PM (EST) on Tuesday, May 27, 2025. If questions are received, the City will respond no later than 12:00 PM (EST) on Tuesday, June 3, 2025.

This is the 15th day of May 2025

Published: Vendor Registry May 15, 2025

Kimberly Walters http://www.havelocknc.us/ http://www.havelocknc.us/ file://COH-FP01/Finance/BIDS/Bid%20Cover%20letters,%20Tab%20sheets,%20Vendor%20list%20&%20forms/Cover%20letters%20and%20Addendum%20Templates/www.nctreasurers.com mailto:tgray@hazenandsawyer.com

Finance Director

STATE OF NORTH CAROLINA

AFFIDAVIT

I, ___________________________ (the individual attesting below), being duly authorized by and on behalf of __________________________________ (the entity hereinafter “Employer”) after first being duly sworn hereby swears or affirms as follows:

1. Employer understands that E-Verify is the federal E-Verify program operated by the United States Department of Homeland Security and other federal agencies, or any successor or equivalent program used to verify the work authorization of newly hired employees pursuant to federal law in accordance with

NCGS §64-25(5).

2. Employer understands that Employers Must Use E-Verify. Each employer, after hiring an employee to work in the United States, shall verify the work authorization of employee through E-Verify in accordance with NCGS §64-26(a).

3. Employer is a person, business entity, or other organization that transacts business in the State and that employs 25 or more employees in this State. (mark Yes or No)

a. YES_____, or

b. NO_____

4. Employer’s subcontractors comply with E-Verify, and if Employer is the winning bidder on this project, Employer will ensure compliance with E-Verify by any subcontractors subsequently hired by Employer.

This _________ day of ________________________, 20________.

Signature of Affiant: _______________________________________

Print or Type Name: _______________________________________

State of North Carolina County of ____________________________

Signed and sworn to (or affirmed) before me, this the

_________ day of _____________________________, 20________.

Signature of Notary Printed Name of Notary

Bid Sheet

Base Bid: _____________________________

NC Sales Tax: _____________________________

Delivery Cost (if applicable): _____________________________

Total Cost to City: _____________________________

Bids must include an itemized schedule by quantity, unit price and total for each work element.

Company Name: ______________________________________________

Company Address: ______________________________________________

Contact Person: ______________________________________________

Telephone Number: ______________________________________________

Email Address: ______________________________________________

NC Contractor’s License Type and Number: ______________________________________________

Number of Addendums Acknowledged (circle one): N/A 1 2 3 4

As of the date listed below, the vendor or bidder listed above is compliant with N.C.G.S. 147-86.42-84, the

Iran Divestment Act and the Companies Boycotting Israel Act.

Authorized Signature: ____________________________________________________

Print Name of Authorized Signature: ____________________________________________________

Title: ____________________________________________________

Address Bid to: Kimberly Walters, Finance Director City of Havelock P.O. Drawer 368 1 Governmental Avenue Havelock, NC 28532

Bids@Havelocknc.us Please indicate the Bid name on the outside of the envelope.

BID ITEM SCHEDULE

ITEM REFERENCE ITEM DESCRPTION

UNIT

ESTIMATED

QUANTITIES

UNIT

PRICE

TOTAL

AMOUNT

1 01 29 73 MOBILIZATION LS

2 01 71 23 SURVEY / AS-BUILTS LS

3 01 71 33 SECURITY FENCE LF

4 31 25 00 EROSION AND SEDIMENTATION

CONTROL

LS

5 31 10 00 CLEARING, GRUBBING AND SITE

PREPARATION

SY

6 SP-1 4’ DIAMETER PRECAST MANHOLE EA

7 SP-4 24” HIGH DENSITY POLYETHYLENE PIPE LF

8 31 05 16 FOUNDATION CONDITIONING MATERIAL CY

9 31 05 19 FOUNDATION CONDITIONING

GEOTEXTILE TYPE 4A SY

10 31 05 16 CLASS I RIPRAP TN

11 SP-5 PERMANENT SOIL REINFORCEMENT

MATTING SY

12 32 92 30 SPECIALTY SEEDING SY

13 32 90 00 FINAL GRADNG AND LANDSCAPING SY

14 32 10 00 ASPHALT PAVEMENT REPAIR SY

15 SP-6 CONCRETE SIDEWALK REPAIR SY

TOTAL AMOUNT OF BID ITEMS:

SECTION 00 52 00

AGREEMENT

THIS AGREEMENT is by and between the City of Havelock (hereinafter called Owner) and ________________________ (hereinafter called Contractor).

Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows:

WORK

Contractor shall at its own cost and expense furnish all labor, services, tools, materials, equipment, and incidentals necessary to complete all Work as specified or indicated in the Contract Documents to construct the Highway 70 Stormwater Pipe Repair Project.

The Work is generally described in Section 01 11 00 – Summary of Work of the General Requirements.

PROJECT

The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows:

A. Daylight an existing buried stormwater outfall pipe by installing a 4-ft diameter manhole, approximately 160 ft of 24-inch, high density polyethylene pipe and riprap slope protection at the pipe outlet.

ENGINEER

The Project has been designed by Hazen and Sawyer, 4011 Westchase Blvd, Suite 300, Raleigh, NC 27607 (hereinafter called Engineer), which is to act as Owner's representative, assume all duties and responsibilities and have the rights and authority assigned to Engineer in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents.

CONTRACT TIMES

Time of the Essence

All time limits for Substantial Completion and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract.

Days to Achieve Substantial Completion and Final Payment

The Work shall be substantially completed within ___90___ calendar days after the date when the Contract Times commence to run as provided in the General Conditions, and completed and ready for final payment in accordance with the General Conditions within __30_____ calendar days from the date when the Contract Times commence to run.

Liquidated Damages

Owner and Contractor recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial loss, apart from the costs described in Paragraph 4.04.A, if the Work is not substantially completed within the time specified in Paragraph 4.02.A for Substantial Completion, plus any extensions thereof allowed in accordance with the General Conditions. Owner and Contractor also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not substantially completed on time.

Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner $_______300_____ for each day that expires after the time specified in Paragraph 4.02.A above for Substantial Completion (adjusted for changes thereof, if any, made in the General Conditions) until the Work is substantially complete.

Special Damages:

In addition to the amount provided for liquidated damages, Contractor shall pay Owner the actual costs reasonably incurred by Owner for engineering and inspection forces employed by Owner relative to the Work for each day that expires after the days specified in Paragraph 4.02.A for Substantial Completion (adjusted for changes thereof, if any, made in accordance with the General Conditions) until the Work is substantially complete.

After Substantial Completion, if Contractor shall neglect, refuse or fail to complete the remaining Work within the Contract Time or proper extension thereof, if any, granted by Owner, Contractor shall pay Owner the actual costs reasonably incurred by Owner for engineering and inspection forces employed by Owner relative to the Work for each day that expires after the time specified in Paragraph 4.02.A for Work to be completed and ready for final payment (adjusted for extensions thereof, if any, made in accordance with the General Conditions) until the Work is completed and ready for final payment.

Owner may deduct liquidated damages and special damages as determined by the provisions of this Article 4 from progress payments due Contractor under this Agreement.

CONTRACT PRICE

Owner shall pay Contractor, in current funds, for completion of the Work in accordance with the Contract Documents the prices stated in Contractor's Bid, which Bid is attached hereto and identified as Exhibit 1 of this Agreement. As provided in the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer as provided in the General Conditions. Unit prices have been computed as provided in the General Conditions.

PAYMENT PROCEDURES

Submittal and Processing of Payments

Contractor shall submit Applications for Payment in accordance with the General Conditions.

Applications for Payment will be processed as provided in the General Conditions.

Progress Payments; Retainage

Owner shall make monthly progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment as recommended by Engineer. Contractor's Applications for Payment will be due on the 10th day of each month, or as otherwise mutually agreed by Owner and Contractor, during performance of the Work as provided in Paragraph 6.02.A.1. All progress payments will be on the basis of the progress of the Work measured by the Schedule of Values provided for in the General Conditions. A progress payment will not be made whenever the value of the Work completed since the last previous progress payment is less than $5,000.

Upon final completion and acceptance of the Work in accordance with the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in the General Conditions.

CONTRACTOR'S REPRESENTATIONS

As part of the inducement for Owner to enter into this Agreement, Contractor makes the following representations:

Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents.

Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

Contractor is familiar with and is satisfied as to the Laws and Regulations that may affect cost, progress, and performance of the Work.

Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities); if any, that have been identified in Section 01 11 00 – Summary of Work as containing reliable “technical data”, and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in Section 01 11 00 – Summary of Work as containing reliable “technical data”.

Contractor has considered the information known to Contractor; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site-related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on:

The cost, progress, and performance of the Work;

The means, methods, techniques, sequences and procedures of construction to be employed by Contractor, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents, and;

Contractor’s safety precautions and programs.

Based on the information and observations referred to in Paragraph 7.01.E above, Contractor does not consider that further examinations, investigations, explorations, tests, studies or data are necessary for the performance of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents.

Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.

Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Contractor.

The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work.

Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.

CONTRACT DOCUMENTS

The Contract Documents consist of the following:

This Agreement

Contract Security

Conditions of the Contract

Specifications, as listed in the table of contents of the Project Manual

The Drawings bound to the Project Manual, comprising a set entitled “Highway 70 Stormwater Pipe Repair” (title on Drawings), and including the following:

Drawings number G1, G2, C1, CD1 and CD2.

The following, which may be delivered or issued on or after the Effective Date of the Agreement, and are not attached hereto:

Notice to Proceed.

Work Change Directive(s)

Change Order(s)

Field Order(s)

The documents listed in Paragraph 8.01 above are attached to this Agreement (except as expressly noted otherwise above). Documents not attached are incorporated by reference. There are no Contract Documents other than those listed in this Article 8.

The Contract Documents may only be amended or supplemented as provided in the General Conditions.

MISCELLANEOUS

Terms

Terms used in this Agreement will have the meanings indicated in the General Conditions and the Supplementary Conditions.

Assignment of Contract

No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

Successors and Assigns

Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents.

Severability

Any provision or part of the Contract Documents, held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.

Waiver

The waiver by the Owner of any breach or violation of any term, covenant, or condition of this Agreement or of any Law or Regulation shall not be deemed to be a waiver of any other term, covenant, condition, or Law or Regulation, or of any subsequent breach or violation of the same or of any other term, covenant, condition, or Law or Regulation.

The subsequent payment of any monies or fee by the Owner which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by Contractor of any term, covenant, condition of this Agreement or of any applicable Law or Regulation.

Contractor’s Certifications

Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 9.06:

“corrupt practice” means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process or in the Contract execution;

“fraudulent practice” means an intentional misrepresentation of facts made to:

influence the bidding process or the execution of the Contract to the detriment of Owner, establish Bid or Contract prices at artificial non-competitive levels, or deprive Owner of the benefits of free and open competition.

“collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and

“coercive practice” means harming or threatening to harm directly or indirectly persons or their property to influence their participation in the bidding process or affect the execution of the Contract.

IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement on the day and year first written above.

This Agreement will be effective on ___________, ______ (which is the Effective Date of the Agreement).

Owner: _________________________ Contractor:

Signature: _______________________ Signature: __________________________

Name: __________________________ Name: _____________________________

Title: _________________________ __ Title: ______________________________

(CORPORATE SEAL) (CORPORATE SEAL)

Attest __________________________ Attest _____________________________

Title: __________________________ Title: _____________________________

END OF AGREEMENT

Owner may deduct liquidated damages and special damages as determined by the provisions of this Article 4 from progress payments due Contractor under this Agreement.