Utility_Construction_On-Call_MVA_Services.pdf

MVA-2025-19

UTILITY CONSTRUCTION ON-CALL/MVA SERVICES

Town of Mooresville, NC

413 North Main Street

Mooresville, NC 28115

RELEASE DATE: May 2, 2025

RESPONSE DEADLINE: May 23, 2025, 2:00 pm

Town of Mooresville, NC

Utility Construction On-Call/MVA Services

I. Introduction

II. Scope of Work

III. Personnel

IV. Limitation of Liability and Imdemnification

V. Qualifications Package Submittals

Attachments:

A - Exhibit A

B - Exhibit B

C - Town of Mooresville Master Vendor Agreement

D - Authorized Signatory & Electronic Signature Routing Form

#MVA-2025-19

Title: Utility Construction On-Call/MVA Services

1. Introduction

1.1. Summary

The Town is seeking to obtain qualifications from vendors to be under contract for use on an as needed basis for installation and repair of water, sewer and storm piping. Multiple vendors may be selected. See scope of work for full details. The Town reserves the right to terminate the contract at any time and for any reason, without explanation.

1.2. Background

Mooresville, North Carolina, is a vibrant community that has experienced significant growth over the past decade. With a population of approximately 55,000 residents, Mooresville is located in the Central

Piedmont region of North Carolina, within the Charlotte metropolitan area, and is part of Iredell County.

Known for its strategic location along the I-77 corridor, Mooresville offers residents and businesses easy access to the larger Charlotte market while thriving as a community of choice in the region. The Town operates under a Council-Manager form of government, with a seven-member Board of Commissioners, including the Mayor, overseeing the town's governance. The Board appoints a Town Manager, who leads the daily operations of the Town with the support of three Assistant Town Managers. As one of the twenty most populous municipalities in North Carolina, Mooresville continues to grow and evolve, making it a dynamic place to live, work, and visit.

DEFINITIONS

The following terms have the meanings given below unless otherwise specified in this Agreement:

“Deliverables” means the Services provided, including goods and materials, identified in the Quote from the Vendor or in a Purchase Order.

“Purchase Order” means a document provided by Town to Vendor to confirm the purchase of goods or services based on a Quote provided by Vendor and that funds are available and authorized for said purchase. Any Purchase Order being made under a Master Vendor Agreement shall reference the number assigned to the Master Vendor Agreement by the Town.

“Quote” means a document issued by the Vendor specifying the Deliverables to be provided for a stated price, at a stated location and within a stated time. Any pre-printed terms and conditions on a Quote or

Purchase Order or on any Vendor issued documents are hereby rejected by the parties, and any such terms are hereby voided.

“Services” means the services furnished by or on behalf of Vendor to the Town under this Agreement and further defined under each Quote and associated Purchase Order.

1.3. Contact Information

Project Contact:

Meredith Mecozzi Purchasing Specialist I 413 N Main Street Mooresville, NC 28115 Email: mmecozzi@mooresvillenc.gov Phone: (704) 663-3800

Procurement Contact:

Jessie Colton Purchasing Manager 413 N Main St Mooresville, NC 28115 Email: jcolton@mooresvillenc.gov Phone: (704) 662-3184

Department:

Utilities

Department Head:

Allison Kraft Water Resources Director

1.4. Timeline

Release Project Date May 2, 2025

Question Submission Deadline May 16, 2025, 2:00pm

Question Response Deadline May 20, 2025, 2:00pm

Proposal Submission Deadline May 23, 2025, 2:00pm mailto:mmecozzi@mooresvillenc.gov tel:(704)663-3800 mailto:jcolton@mooresvillenc.gov tel:(704)662-3184

2. Scope of Work

2.1. Detailed Specifications

The selected vendor(s) must meet the following specifications:

1. Installation and repair of:

• PVC, ductile iron, cast iron and galvanized pressure pipes (potable and non-potable) up to 24-inch diameter, including necessary appurtenances, valves, thrust restraint, etc

• PVC, ductile iron and concrete gravity sewer pipes up to 42-inch diameter

• Water services and laterals

• Precast concrete manholes up to 6-foot inside diameter

• Concrete and HDPE storm pipes up to 60-inch diameter

• Precast concrete storm catchbasins, junction boxes and manholes of varying size

2. All work shall be performed in accordance with applicable Town of Mooresville Land Development

Standards, and general accepted practice.

3. Prospective vendors shall have the necessary equipment and staffing to safely excavate to a depth of 20 feet.

2.2. Qualifications Package

Vendor will submit qualifications package for consideration by the deadline in the timeline outlining their ability to complete tasks stated in the scope of work. Upon award of Master Vendor Agreement and

Board Of Commissioners approval, vendors will be contacted when items meeting the scope are needed.

Vendor will then submit a quote to the requesting department to be considered for the job. Vendors will be selected based on availability, price, and quality of work.

To be considered, please upload the following documents under 17. Qualifications Package Submittals*.

There is not a minimum or maximum page limit or cover letter requirement.

All documents below are required to be within the submission package.

1. Scope of Work (What services your company will provide based on the requested scope in Section 2)

2. A copy of vendor's safety plan. A link to an electronic copy is also acceptable.

3. A copy of vendor's Utility Contractors or Unlimited License.

4. Current price list or pricing table (Ex.- hourly rate for labor, cost for specific jobs if available or applicable)

5. Current COI listing the Town of Mooresville as the certificate exactly like below:

Town of Mooresville

413 N Main Street

Mooresville, NC 28115 and with this language in the description of operations section at the bottom

“Town of Mooresville, its officers, officials, employees, and volunteers are included as additional insured”.

6. W-9

7. Completed Authorized Signatory Form (see attachments for download)

8. Prospective vendors shall have the proven ability to assist with planning emergency repairs and shall provide at least 3 references from public utilities for whom they provide on-call construction services.

9. Vendor's accounts payable contact information and remit to address.

10. Vendor's North Carolina Secretary of State ID Number.

3. Personnel

Each Party shall be fully responsible for, and comply with all applicable laws, rules, and regulations regarding any personnel performing obligations hereunder, including but not limited to any employees, contractors, subcontractors, consultants, agents, and representatives. Should Vendor use the services of a subcontractor, Vendor shall remain fully responsible for performance of all obligations it is required to perform under this Agreement. No changes in those personnel or subcontractors as designated shall occur without the prior written consent of Town, which shall not be unreasonably withheld, so long as the replacement personnel have the same or higher qualifications than the original personnel or subcontractor submitted and meets all other applicable standards. Should the Town determine in its discretion that any person on the project appears to be incompetent, disorderly, or otherwise unsatisfactory, Town shall notify Vendor in writing and such person shall be removed from the project and shall not again be employed on it except with the prior written consent of the Town. No automatic extension of the

Agreement term will be granted for replacement of personnel or subcontractors.

4. Limitation of Liability and Imdemnification

4.1. Limitation of Liability

The Town shall not have any liability to Vendor for any lost profits, loss of business, loss of use, lost savings, or other consequential, special, incidental, indirect, exemplary, or punitive damages, even if the

Vendor has been advised of the possibility of such damages.

4.2. Indemnification

Vendor shall hold harmless and indemnify the Town, and its officers and employees from any claim, expense, liability, loss, or damages, including reasonable attorneys’ fees, by whomsoever brought or alleged, resulting from (a) any breach by Vendor of any term or condition of this Agreement or an amendment thereto, (b) any breach or violation by Vendor of any applicable federal, state, or local law,

(c) any third party injury or death to any person; (d) any injury or death of Vendor or any employee, agent, or subcontractor working at the direction of the Vendor; or (e) any loss, damage, or destruction to any property, except to the extent such claims, expenses, loss, or other damage results from the negligence or intentional acts or omissions of the Town, its officers and employees, or any third party not under control or working at the direction of Vendor. The Town agrees to give the Vendor prompt written notice of any indemnifiable claim.

4.3. Intellectual Property Indemnification

Vendor shall indemnify and hold harmless Town against all loss, liability, and damage, including costs and expenses (including reasonable attorneys’ fees), by whomsoever brought or alleged, resulting from any action or claim brought or threatened alleging that the manufacture, use, sale, or resale of any goods or the Services supplied under this Agreement infringes any patent or patent rights, trademark, trade secret, copyright, or other intellectual property right of a third party, and Vendor shall when notified, defend any action or claim of such infringement at its own expense. Vendor shall, at its expense, and upon approval of the Town, either (i) obtain for the Town the right to continue to use the goods or work product which resulted from the Services as intended, (ii) modify the goods or work product which resulted from the Services so that it becomes non-infringing, without materially altering the functionality, or (iii) replace the goods or work product which resulted from the Services with a functionally equivalent non-infringing good or Work Product.

4.4. Constitutional Limitation on Indemnification

The parties acknowledge and understand that an unlimited indemnification by Town constitutes a violation of the North Carolina Constitution and is void and unenforceable by operation of law. Any indemnification given by Town to Vendor under the Agreement shall be deemed to be given only to the fullest extent allowed by law.

5. Qualifications Package Submittals

5.1. Qualifications Package Submittals*

Upload the technical proposal here.

Vendor will submit qualifications package for consideration by the deadline in the timeline outlining their ability to complete tasks stated in the scope of work. Upon award of Master Vendor Agreement and

Board Of Commissioners approval, vendors will be contacted when items meeting the scope are needed.

Vendor will then submit a quote to the requesting department to be considered for the job. Vendors will be selected based on availability, price, and quality of work.

To be considered, please upload the following documents under 17. Qualifications Package Submittals*.

There is not a minimum or maximum page limit or cover letter requirement.

All documents below are required to be within the submission package.

1. Scope of Work (What services your company will provide based on the requested scope in Section 2)

2. A copy of vendor's safety plan. A link to an electronic copy is also acceptable.

3. A copy of vendor's Utility Contractors or Unlimited License.

4. Current price list or pricing table (Ex.- hourly rate for labor, cost for specific jobs if available or applicable)

5. Current COI listing the Town of Mooresville as the certificate exactly like below:

Town of Mooresville

413 N Main Street

Mooresville, NC 28115 and with this language in the description of operations section at the bottom

“Town of Mooresville, its officers, officials, employees, and volunteers are included as additional insured”.

6. W-9

7. Completed Authorized Signatory Form (see attachments for download)

8. Prospective vendors shall have the proven ability to assist with planning emergency repairs and shall provide at least 3 references from public utilities for whom they provide on-call construction services.

9. Vendor's accounts payable contact information and remit to address.

10. Vendor's North Carolina Secretary of State ID Number.

*Response required

5.2. I understand that this contract will be for a term of 36 months with an option to renew for an additional two years.* ☐ Please confirm

*Response required

5.3. I understand that the Town can terminate my contract at any time without reason.* ☐ Please confirm

*Response required

5.4. I understand that there may be multiple additional vendors under this master agreement.

☐ Please confirm

5.5. I understand that providing quotes in a timely manner is essential to be selected to perform needed work.* ☐ Please confirm

*Response required

5.6. Non-Collusion Statement-I confirm that I have not colluded with ANY other parties to prepare this qualifications package. * Please confirm

☐ Please confirm

*Response required