1991-04-15 W&S Exhibits
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BID TABULATION ',l/RIGHTOORO REHAB IL ITATION E'ROGRAM
ACORN BRANCH OUTFALL
CONTRACT NO. W . S 90-03BB
. SECTION A - PIPE><<lRK T. A. LOVING CO. SNEEDEN INC.
ITEM QUANTITY UNIT UNIT PRICE AJoDUNT UNIT PRICE AJoDUNT
B" PVC 0-6FT. 175 L.F. $17.50 S3,062.50 S10.00 Sl,750.00
B" PVC 6-BFT. 333 L.F. $20.00 S6, 660.00 $12.00 S3.996,OO
B" PVC B-10FT , 792 L.F. S23.00 SlB,216.00 S 16.00 S12,672.00
8u PVC 10-12FT. 320 L.F. S2B.50 S9,120.00 S 17.00 $5.440.00
10" PVC 6-BFT . 30 L.F. S22,00 S660.00 $13.00 $390.00
10" PVC B-10FT. 591 L.F. $25.50 $15,070.50 $15.00 $B, B65. 00
10" pvc 10-12FT. 2B1 L.F. $ 31. 00 SB,711.00 $19.00 $5.339.00
10" PVC 12-14FT. 30 L.F. S3B.50 $1.155.00 S21.00 $630.00
4 ' MlI 0-6FT. EA. S770.00 S770.00 SBB7.00 SBB7.00
4 ' MlI 6-BFT. EA. $990.00 $990.00 Sl,130.00 $1,130.00
4 ' MlI B-l0FT. EA. $1,210.00 $9, 6BO. 00 $1,466.00 S11,72B.OO
4 ' MlI 10-12FT. EA. $1.430.00 $4,290.00 $1,716.00 $5,14B.00
B" 0.1. 0-6FT . 10 L.F. $25.50 $255.00 $19.00 $190.00
B" 0.1. 6-BFT . 132 L.r. S27.50 $3.630.00 $21.00 $2,772.00
8" D. I. 8-10FT. 85 L.r. $31. 00 $2,635.00 S24.00 $2.040.00
10" D. I. 6- 8FT. 10 L.F. $ 31. 00 S310.00 S23.00 S230.00
10" D.!. 8-10FT . 165 L.r. $34.00 $5.610.00 $ 27 .00 $4,455.00
STONE 8EDDING 300 C.Y. $22.00 $6,600.00 S27.00 S8,100.00
7 PAVEMENT REPAIRS INFO S.Y. $19.00 $25.00
8 4" PVC SHORTS IDE SERVICE M. EA. $275.00 $825.00 $451. 00 $1.353.00
4" PVC LONGSIDE SERVICE M.H EA. $495.00 $1.485.00 $654.00 $1 , 962 .00
10 4" PVC SHORTS IDE SERVICE EA. $275.00 $2,200.00 S451.00 $3,608.00
11 4" PVC LONGS IDE SERVICE 12 EA. S525.00 $6,300.00 $654.00 $7,848.00
12 4" PVC SERVICE PIPE 500 L.F. $7.25 S3, 625.00 $8.00 $4,000.00
13 16" CAS ING 72 L.r. $95.00 S6,840.00 $105.00 $7,560.00
14 MOBILIZATION L.S. $15.000.00 $15,000.00 $6.877.00 $6,877.00
TOTAL SECTION A $133,700.00 $108,970.00
SECTION B - PUMP STATION
ITEM
. PUMP STATION EA. $86,250.00 $86.250.00 $103.548.00 $103,548.00
TELEMETRY EA. $4.000.00 $4,000.00 $4,000.00 $4,000.00
6" pve FORCEMAIN 4710 L.F. $5.00 $23.550.00 $7.00 $32.970.00
6" D. 1. FORCEHAIN 125 L.F. $11.00 $1,375.00 $12.00 $1.500.00
12" CASING 30 L.F. $75.00 $2.250.00 $66.00 $1,980.00
TOTAL SECTION B $117,425.00 $143.998.00
SECTION C - STORM DRAINAGE
ITEM
1 DRAINAGE DETAIL A L.S. $7.500.00 S7.500.00 $8.357.00 $8.357.00
18 tt CONCRETE PIPE INFO L.r. S20.00 S21.00
24 " CONCRETE PIPE INFO L.F. $ 30.00 S29.00
24 " FLARED-END INFO L.F. S500.00 $593.00
DRAINAGE DETAIL B L.S. S9.500.00 S9. 500.00 $9.445.00 S9. 445.00
18 " CONCRETE PIPE INFO L.F. S20.00 S21. 00
36 " CONCRETE P IPg INFO L.P. $40.00 S 54.00
)6 " FLARED-END INFO L.F. S900.00 $1.128.00
DRAINAGE DETAIL C L.S. S31,OOO.00 S31.000.00 S32,386.00 S32,386.00
18 tI CONCRETE PIPE INFO L.F. S20.00 S21. 00
28 SQ FT ARCH PIPE INFO L.P. S250.00 S153.00
4 REGRADE SIKlULDEllll OFFSIDE 2874 L.F. S6.00 S17,244.00 S6.00 S17,244.00
TOTAL SECTION C S65,244.00 S67.432.00
SECTION D - GRAVEL ROAD
ITEM
1 GRAVEL ROAD L.S. S4,500.00 $4,500.00 S2, 853.00 S2,853.00
18 " Rep INFO L.F. S20.00 S21.0D
TOTAL SECTION D $4,500.00 S2.853.00
. ---- GRAND TOl'AL ALL SECTIONS S320, 869.00 S323. 253.00
1
BID TABULATION WRIGH'l"BORO REHABILITATION PROGRAM
ACORN BRANCH OUTFALL
CONTRACT NO. w. S 90-0388
. SECTION A - PIPEWORK STATE UTILITIES R. H. >lXlRE CO. INC.
ITEM QUANTITY UNIT UNIT PRICE AMOUNT UN IT PRI CE AMOUNT
1 8" PVC 0-6FT . 175 L.F. S21. 70 S3,797.50 S26.00 $4.550.00
8" PVC 6-8FT. 333 L.F. S22.30 $7,425.90 $28.00 S9.324.00
8" PVC 8-10FT. 792 L.F. S23.70 $18.770.40 S33.00 $26,136.00
8" PVC IO-12FT . 320 L.F. S24.80 $7.936.00 S35.00 Sl1. 200. 00
10" PVC 6-8FT. 30 L.F. S24.00 $720.00 $29.50 S885.00
10" PVC 8-10FT . 591 L.F. S25 . 50 S15,070.50 S34.00 $20,094.00
10" PVC 10-12FT. 281 L.F. S26.60 S7. 474. 60 $36.00 $10.116.00
10" pvC 12-14FT. 30 L.F. S30.00 $900.00 S39.00 $1,170.00
4' MH 0-6FT. EA. S850.00 $850.00 $750.00 $750.00
4' MH 6-8FT. EA. S990.00 S990.00 S850.00 S850.00
4' MB 8-10FT . EA. $1,130.00 $9.040.00 Sl,OOO.OO S8,OOO.00
4' MH 10-12FT. EA. Sl,280.00 S3. 840. 00 $1,200.00 $3,600.00
4 8" 0.1. 0- 6FT. 10 L.F. S27.00 S270.00 S32.00 $320.00
8" D.L 6-8FT. 132 L.F. S27.50 $3,6.30.00 S34.00 $4,488.00
8" 0.1. 8-10FT . 85 L.F. S29.00 S2.465.00 $35.00 $2,975.00
lOti D. I. 6-8FT . 10 L.F. $30.70 $307.00 $37.00 S370.00
10" D.!. 8-10FT. 165 L.F. $32.20 $5,313.00 S39.00 $6,435.00
STONE BEDD ING '300 C. Y. S22.00 S6, 600. 00 S22.00 $6,600.00
PAVEMENT REPAIRS INFO S. Y. S19.50 $18.00
4" PVC SHORTSIDE SERVICE M. EA. S260.00 $780.00 S225.00 S675.00
4" PVC LONGSroE SERVICE M.H EA. $440.00 $1,320.00 S575.00 $1.725.00
10 4" PVC SHORTS IDE SERVICE EA. S250.00 $2.000.00 S200.00 $1.600.00
11 4" PVC LONGSIDE SERVICE 12 EA. S430.00 S5.160.00 S560.00 $6.720.00
12 4" PVC SERVICE PIPE 500 L.F. S4.50 S2,250.00 S7.50 $3,750.00
13 16" CASING 72 L.F. S87.00 S6.264.00 $200.00 $14,400.00
14 MOBILIZATION L.S. $16.800.00 $16.800.00 $8.000.00 S8.000.00
TOTAL SECTION A $129.973.90 $154,733.00
SECTION B - PUMP STAT ION
ITEM
. PUMP STAT! ON EA. S77,600.00 S77.600.00 $88.500.00 S88.500.00
2 TELEMETRY EA. S4.000.00 $4,000.00 $4,000.00 $4,000.00
6" PVC FORCEMAIN 4710 L.F. S8.50 S40.035.00 $7.00 $32,970.00
4 sn D. I. FORCEMAIN 125 L.F. S23.30 S2,912.50 $9.50 $1.187.50
12" CASING 30 L.F. S68.00 S2,040.00 $125.00 S3.750.00
TOTAL SECTION B $126.587.50 $130.407.50
SECTION C - STORM DRAINAGE
ITEM
1 DRAINAGE DETAIL A L.S. $8,750.00 $8.750.00 S6,850.00 S6,850.00
18 " CONCRETE PIPE INFO L.F. $17.00 S20.00
24 ,t CONCRETE PIPE INFO L.F. $21.50 S26.00
24 " FLARED-END INFO L.F. S500.00 $725.00
2 DRAINAGE DETAIL B L.S. $10,950.00 $10.950.00 $8.300.00 S8. 300.00
18 " CONCRETE PIPE INFO L.F. $17.00 $20.00
36 " CONCRETE PIPE INFO L.F. S39.50 $50.00
36 " FLARED-END INFO L.F. S800.00 $875.00
DRAINAGE DETAIL C L.S. S34,350.00 S34.350.00 S27.900.00 S27.900.00
18 " CONCRETE PIPE INFO L.F. $17.00 S20.00
28 SQ FT ARCH PIPE INFO L.F. S300.00 $200.00
REGRADE SHOULDERS OFFSIDE 2874 L.F. S3.80 $10,921.20 S4.00 $11,496.00
TOTAL SECTION C S64. 971. 20 S54.546.00
SECTION 0 - GRAVEL ROAD
ITEM
GRAVEL ROAD L.S. S5.950.00 S5,950.00 S6.700.00 S6.700.00
18 " RCP INFO L.F. $17.00 $20.00
TOTAL SECTION 0 S5.950.00 S6.700.00
. - n _ GRAND TOTAL ALL SECTIONS S327, 482.60 S346.386.50
2
BID TABULATION: W'RIGH::'BORO ~HAEILITATION PROGRAM
ACORN BRANCH OUTFALL
CONTRACT NO.
W & 5 90-0388
.
SECTION A - PIPEWORK
ITEM
1 8" PVC 0-6Ft'.
8" PVc 6-8n.
8" PVC 8-10FT.
8" PVC 1Q-12FI'.
10" PVC 6-8FT.
10" PVC a-10FI'.
lOti PVC lO-12FT.
10" PVC 12-14FT.
4' MH 0-6FT.
4' MH 6-8FT.
4' MH 8-10FT.
4' MH 10-12FT.
8" 0.1. 0-6FT.
8" 0.1. 6-BFT.
8" 0.1. 8-10FT.
10" 0.1. 6-aFT.
10" 0.1. a-10FT.
6 STONE BEDD ING
PAVEMENT REPAIRS
4" PVC SHORTSIDE SERVICE M..
4" pve LONGS IDE SERVICE H. H
10 4" PVC SHOR'l'SIDE SERVICE
11 4" PVC LONGS IDE SERVICE
12 4" pVC SERVICE PIPE
13 16" CASING
14 >OJBILIZATION
TOrAL SECTION A
.
SECTION B - PUMP STATION
ITEM
PUMP STATION
TELEMETRY
6" PVC FORCEMAIN
6" D. I. FORCEMAIN
12" CASING
TOrAL SECTION B
SECTION C - STORM DRAINAGE
ITEM
DRAINAGE DETAIL A
18 " CONCRETE PIPE
24 " CONCRETE PIPE
24 " FLARED-END
DRAI NAGE DETAIL B
18 " CONCRETE PIPE
36 " CONCRETE PIPE
36 " FLARED-END
3 DRAINAGE DETAIL C
18 It CONCRETE PIP!
28 SQ FT ARCH PIPE
4 REGRADE SHOULDERS OPFSIDE
TOTAL SECTION C
SECTION 0 - GRAVEL ROAD
ITEM
GRAVEL ROAD
18 II RCP
TOrAL SECTION D
_u_ GRAND TOTAL ALL SECTIONS
.
QUANTITY
175
333
792
320
30
591
281
30
1
10
132
85
10
165
300
INFO
12
500
72
4710
125
30
INFO
INFO
INFO
INFO
INFO
INFO
INFO
INFO
2874
INFO
UNIT
L.F.
L.F.
L.F.
L.F.
L.F.
L.F.
L.F.
L,F.
EA.
EA.
EA.
EA.
L.F.
L.F.
L.F.
L.F.
L.F.
C. Y.
S.Y.
EA.
EA.
EA.
EA.
L.F.
L.F.
L.S.
MULTI-STATE CeNT. CORP.
UNIT PRICE AMOUNT
$16.00 S2.800.00
S20.00 S6. 660. 00
S25.25 S19,998.00
S34.75 S11,120.00
S23.50 $705.00
S28.50 $16,843.50
S37.00 $10,397.00
S43.00 $1.290.00
$950.00 S950.00
$1,100.00 $1,100.00
$1,175.00 $9.400.00
$1,250.00 $3,750.00
$26.00 $260.00
$29.50 $3.894.00
S33.50 S2,847.50
S32.50 S325.00
S36.00 $5.940.00
S9.00 S2,700.00
S22.50
SJOo.OO
S600.00
$300.00
S600.00
$8.50
S110.00
$16,000.00
EA.
EA.
L.F.
L.F.
L.F.
S91. 000. 00
S4,OOO.00
S6.75
$17.00
S100.00
S900.00
$1.800.00
S2,400.00
$7,200.00
S4.250.00
$7,920.00
$16.000.00
$141.450.00
S91.000.00
$4.000.00
$31.792.50
$2.125.00
S3,OOO.00
S131,917.50
L.S.
L.F.
L.F.
L.F.
L.S.
L.F.
L.F.
L.F.
L.S.
L.P.
L.F.
L.F.
S27. 540. 00 $27,540.00
$26.00
$32.00
S800.00
$32.600.00 $32,600.00
$26.00
$45.00
$1.200.00
$46.000.00 $46.000.00
S26.00
S65.00
$5.50 $15.807.00
$121,947.00
L.S.
L.F.
S3.700.00 $3.700.00
$26.00
I hereby certify that this bid tabulation i8 correct
SJ.700.00
S399. 014. 50
3
RAMEY, INe.
UNIT PRICE AMOUNT
$16.25 S2.843.75
$1B .10 S6. 027.30
S20.35 S16,117.20
S23.35 $7.472.00
$19.65 S589.50
S21.85 $12,913.35
S24.90 S6.996.90
S29.35 S880.50
S900.00 S900.00
Sl.000.00 Sl.000.00
$1.200.00 $9,600.00
Sl,500.00 S4,500.00
$26.00 S260.00
S28.00 S3.696.00
S30.00 S2.550.00
S30.00 S300.00
S30.00 $4.950.00
S22.50 S6.750.00
S25.00
S600.00
$1.000.00
S550.00
$1.000.00
S 15.00
$150.00
$56.954.00
S95. 000. 00
$4,000.00
$7.85
$20.00
SlDO.OO
S12. 23 1. 00
$20.00
S30.00
S300.00
$17,097.00
S20.00
$35.00
$500.00
S50.325.30
S20.00
S250.00
S4.00
$7.425.00
S20.00
Sl, 800. 00
S3.000.00
S4. 400. 00
S12.000.00
$7,500.00
S10.800.00
S56.954.00
$184.800.50
S95.000.00
S4,OOO.00
S36.973.50
S2.500.00
S3.000.00
S141.473.50
S12.231.00
S17 ,097.00
S50.325.30
S11.496.00
S91. 149.30
JACOBS BUILDERS
UNIT PRICE AMOUNT
$24.00 $4,200.00
S26.00 $8,658.00
S31.00 S24.552.00
S38.00 S12,160.00
$27.00 S810.00
S34.00 $20.094.00
$39.00 $10.959.00
$48.00 Sl.440.00
S900.00 S900.00
$1,200.00 $1,200.00
$1.500.00 $12,000.00
S2. 000. 00 $6.000.00
S30.00 S300.00
S45.00 $5,940.00
S55.00 $4.675.00
S50.00 S500.00
$65.00 $10,725.00
S35.00 S10,500.00
S22.00
S350.00
S690.00
$400.00
$720.00
$7 .50
$75.00
S3 5,000.00
S137.895.00
S4.000.00
$7.25
S20.00
S65.00
S9, 944. 00
$25.00
$30.00
$350.00
S25.200.00
$<5.00
S35.00
S420.00
S41. 000. 00
S25.00
S250.00
S4.50
$1,050.00
$2,070.00
S3.200.00
$8,640.00
$3,750.00
S5,400.00
S35.000.00
$194,723.00
S137,895,OO
S4.000.00
$34,147.50
$2.500.00
Sl,950.00
S180,492.50
$9,944.00
S25,200.00
$41,000.00
$12,933.00
$89,077.00
S7.425.00 $10.800.00 S10,800.00
S25.00
$7.425.00
S424.848.30
$10.800.00
$475,092.50
.
New Hanover County Contract i W&S 90 - 0388
NORTH CAROLINA
NEW HANOVER COUNTY
THIS CONTRACT, made and entered into this day of
, 1991, by and between NEW HANOVER COUNTY WATER
AND SEWER DISTRICT, a body politic and corporate of the State of
North Carolina, hereinafter referred to as "District", consisting
of the major portion of the unincorporated area of New Hanover
County, hereinafter referred to as "County"; and
CONSTRUCTION AGREEMENT
a
hereinafter referred to as "Contractor";
WIT N E SSE T H'
That the Contractor for the consideration hereinafter
fully set out, hereby agrees with the District as follows:
1. Performance. Contractor shall furnish all labor,
materials and equipment and shall perform all work in the manner
and form as provided by the following enumerated specifications
and documents, which are attached hereto ahd made a part hereof
as if fully contained herein: Advertisement for Bids,
Instructions to Bidders, General Conditions, Special Conditions,
Plans and Specifications, and Insurance certificates for Workers'
Compensation, Public Liability and Property Damage, for the
project more fully described therein and generally described as:
Construction of gravity sewers, manholes and appurtenances in
strict accordance with Contract Documents for wastewater
collection system Airport Northeast Side.
corporation,
.
.
A-l (R)
DRAFT
..... ".
New Hanover County Contract * W&S 90 - 0388
.
2.
Time of Performance.
Contractor shall commence
work within
(
calendar days after execution of this
contract; provided that, if District specifies a Notice to
Proceed, Contractor shall commence work on the date indicated in
I
the Notice to Proceed.
2.1 Delay in Authorization to Commence Work. If,
through no fault of Contractor, District's authorization to
commence work is delayed later than the ninetieth (90th) day
after the bid opening date or the thirtieth (30th) day after
Contractor's delivery of the executed contract to District,
Contractor may terminate this contract.
2.2 Required Completion Time ~
Prior to commencing
work, Contractor shall give District a construction schedule
. broken down into calendar days for the various division or parts
of work.
Contractor shall complete all work on the proj ect
within
F (_) calendar days after the beginning
If Contractor fails to complete all work within the
date.
required and specified time, District may at its option either
terminate this contract pursuant to the procedures specified in
paragraph 12 herein, or assess liquidated damages against
Contractor. In the event District exercises its option to assess
liquidated damages, Contractor shall pay' District Five Hundred
($500.00) Dollars per day for each consecutive calendar day
following the scheduled completion date that the work or
performance, herein contracted for, remains unfinished and
.
incomplete. It is understood and agreed by the parties hereto
that time is of the essence of this contract and that the sum of
A-2(R)
DRAFT
.
.
.
New Hanover County Contract * W&S 90 - 0388
Five Hundred ($500.00) Dollars per day represents the actual
damages which the District will have sustained by failure of
Contractor to complete the work within the specified time and is
agreed upon as liquidated damages; that the provisions for
damages are a bona fide provision for such and are not a penalty.
It is understood and agreed that if the work herein contracted
for is not completed and finished as scheduled herein, the
District will have sustained damages and, therefore, the
provision for liquidated and agreed upon damages has been
incorporated in this contract as a provision beneficial to both
parties.
3. Contract Amendments and Change Orders. No
modification or rescission of this contract shall be effective
unless evidenced by a writing signed by both parties and by the
surety to this contract. District may issue change orders, which
are defined as written orders to Contractor approved by the Board
of District Commissioners, authorizing an addition, deletion or
revision in the work or an adjustment in the contract price or
the contract time.
3.1 Extra Work. District and Contractor shall
negotiate and agree upon the value of any extra work prior to the
issuance of a Change Order covering said extra work. Such Change
Order shall set forth the corresponding adjustment, if any, to
the contract price and contract time.
3.2 Change of Contract Price. The contract price
constitutes the total compensation, subject to authorized
adjustments, payable to Contractor for performing the work
A-3(R)
DRAFT
" .,-
.
.
.
New Hanover County Contract * W&S 90 - 0388
described in this agreement and noted documents and
specifications. This contract price may only be changed by a
Change Order or by other written amendment to the contract. It
is understood and agreed that no claim for an adjustment of the
contract price will be valid unless agreed upon by the parties
hereto and in writing as herein provided.
3.3 Notification of Surety. Contractor shall notify
its sureties of any changes affecting the general scope of the
work or change in the contract price and the amount of applicable
bonds shall be adjusted accordingly. The Contractor shall
furnish proof of such adjustment to the Owner.
All Change Orders shall require written consent of the
Contractor's surety. At the time of signing a Change Order, the
Contractor shall be required to certify as follows:
If I certify that all sureties have been notified that my
contract has been altered by the amount of this Change Order, and
that a copy of the approved Change Order will be mailed to all
sureties upon its receipt by me."
No payment to the Contractor on account of any Change
Order shall become due or payable until written evidence of the
surety's consent to the Change Order has been furnished to the
District and the furnishing of such written consent is a
condition precedent to such payment.
4. Payment. District agrees to pay Contractor, for
the full and faithful performance of this contract, the sum of
($ ) Dollars.
A-4(R)
DRAFT
: to..-
.
.
.
New Hanover County Contract * W&S 90 - 0388
4.1 Partial Payments. District shall make partial
payments to Contractor in lump sum amounts upon the successful
completion by Contractor and acceptance by District of sections
of the work, as specified in the contract specifications and in
accordance with the amounts indicated for each bid in
Contractor's bid proposal. From the total amount determined to
be payable on a partial payment, ten percent (10%) of such amount
shall be deducted and retained by District until all work has
been accepted by District; provided that, if Engineer determines
that the work is on schedule at the halfway point of the
construction schedule, retainage may thereafter be reduced or
discontinued on future partial payments.
4.2 Acceptance' of Final Payment as Release. The
acceptance by Contractor of final payment shall be and shall
operate as a release of District from all claims of Contractor
against District, except for claims specifically excepted by
Contractor in stated written amounts. However, no payment, final
or otherwise, shall release Contractor or his or her sureties
from any obligations under the contract documents or the payment
and performance bonds. The final payment request from the
Contractor shall be accompanied by the Contractor's Affidavit of
Release of Liens, Contractor's Affidavit of Payment of Debts and
Claims, and Consent of Surety to Final Payment, and a Certificate
of Compliance by District.
4.3 District's Right to Offset and Recoup. Nothing
contained in this section 4 shall be construed to impair
District's rights to deduct from partial or final payments any
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sums due to District pursuant to sections 2, 5, 12 or any other
section 9f this contract.
5. Contractor's Warranties. Contractor makes the
following warranties concerning the materials, equipment and work
furnished pursuant to this contract.
5.1 Warranty of Title. Contractor warrants that title
to all work, materials and equipment covered by a request for
payment', whether incorporated in the project or not, will have
passed to District prior to the submission of the request for
payment, free and clear of all liens, claims, security interests
and encumbrances.
5.2 Warranty of Materials and Equipment. Contractor
warrants to District that all materials and equipment furnished
under this contract will be new unless otherwise specified, will
be of good quality and free from faults and defects, and will
conform with the contract documents. Contractor warrants all
such materials and equipment for a period of one (1) year from
the date of District's first beneficial use. or occupancy of same.
5.3 Warranty of Work. Contractor warrants to
District, for a period of one (1) year from the date of
District's first beneficial use or occupancy of same that all
work performed under this contract has been performed in a
workmanlike manner, so as to meet the standards of workmanlike
quality prevailing in North Carolina at the time of construction.
5.4 Warranty Against Major Structural Defects.
Contractor warrants that all structures constructed under this
contract are free from major structural defects.
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5.5 Correction of Defects. District shall give
Contractor reasonably prompt notice of all observable defects.
If Contractor fails to perform corrective work within a
reasonable time, District may perform such work and charge
Contractor for the costs thereby incurred. Contractor IS
performance bond shall remain in full force and effect through
the applicable one (1) year warranty period. "
6. Indemnity. Contractor shall indemnify and hold
New Hanover County, its agents and employees, harmless against
'any and all claims, demands, causes of action" or other
liability, including attorney fees, on account of personal
injuries or death or on account of property damages arising out
of or relating to the work to be performed by Contractor
hereunder, resulting from the negligence of or the willful act or
omission of Contractor, his agents, employees and subcontractors.
7. Insurance. Contractor shall maintain insurance
from companies licensed to write business in North Carolina and
acceptable to District, of the kinds and minimum amounts
specified below.
7.1 Certificates and Notice of Cancellation. Before
conunencing work under this contract, Contractor shall furnish
District with certificates of all insurance required below.
Certificates shall indicate the type, amount, class of operations
covered, effective date and expiration date of all policies, and
shall contain the following statement:
"The insurance covered by this certificate will not be
cancelled or materially altered, except after thirty
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(30) days written notice has been received by
District".
7.2 Workers Compensation and Employers Liability
Insurance.
Covering all of the Contractor's employees to be
engaged in the work under this contract, providing the required
statutory benefits under North Carolina Workers Compensation Law,
and employers liability insurance providing limits at least in
the amount of $100,000/500,000/100,000. applicable to claims due
to bodily injury by accident or disease.
7.3 Commercial General Liability. Including coverage
for independent contractor operations, contractual liability
assumed under the provisions of this contract, products/completed
operations liability and broad form property damage liability
insurance coverage. Exclusions applicable to explosion, collapse
and underground hazards are to be deleted when the work involves
these exposures.
The policy shall provide liability limits at
least in the amount of $2,000,000 per occurrence, combined single
limits, applicable to claims due to bodily injury and/or property
damage. District shall be named as an additional insured under
this policy.
7.4 OWners
and
Protective
Liability
Contractors
Insurance. To be issued in the name of District. This coverage
shall be provided by a separate policy and written with liability
limits at least in the amount of $1,000,000 per occurrence,
combined single limits, applicable to claims due to bodily injury
and/or property damage arising out of work to be performed under
this contract on behalf of the District.
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7.5 Automobile Liability Insurance.
Cover ing all
owned, non-owned and hired vehicles, providing liability limits
at least in the amount of $1,000,000 per occurrence combined
single limits applicable to claims due to bodily injury and/or
property damage.
8.
Bonds Required.
Pursuant to Article 3, Chapter
44A and Article 8, Chapter 143 of the North Carolina General
Statutes, Contractor shall furnish performance and payment bonds,
as herein described:
a) A Performance Bond in the amount of one
hundred percent (100%) of the construction contract amount,
conditioned upon the faithful performance of the contract in
accordance with the plans, specifications and conditions of the
contract. Such bond shall be solely for the protection of New
Hanover County.
b) A Payment Bond in the amount of one hundred
percent (100%) of the construction contract amount, conditioned
upon the prompt payment for all labor or materials for which a
[
Contractor or subcontractor is liable. The payment bond shall be
solely for the protection of the persons furnishing materials or
performing labor for which a Contractor or subcontractor is
liable.
These bonds shall remain in effect at least until one
(1) year after the date when final payment becomes due. The
Performance Bond and the Payment Bond shall be executed by one or
. more surety companies legally authorized to do business in the
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State of North Carolina and shall become effective upon the
awarding of the construction contract.
9. Independent Contractor. It is mutually understood
and agreed that Contractor is an independent contractor and not
an agent of District, and as such, Contractor, his or her agents
and employees shall not be entitled to any County employment
benefits, such as, but not limited to, vacation, sick leave,
insurance, worker's compensation, or pension or retirement
benefits.
10. Subcontractors. Contractor shall be fully
responsible for all acts and omissions of his or her
subcontractors and of persons and organizations employed by them
to the same extent that Contractor would be responsible for these
acts and omissions. Nothing in the contract documents shall
create any contractual relationship between District and any
subcontractor or other person or organization having a direct
contract with Contractor, nor shall it create any obligation on
the part of District to pay any money due any such subcontractor
or other person or organization, except as may otherwise be
required by law.
11. No Waiver of Legal Rights. Upon completion of the
contract work, District will promptly make final inspection and
notify Contractor of final acceptance. However, final acceptance
shall not preclude or estop District from correcting any
measurement, estimate or certificate made before or after
completion of the work, nor shall District be precluded or
estopped from recovering overpayments from Contractor or his
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surety, or both. A waiver on the part of District of any breach
of any part of the contract shall not be held to be a waiver of
any other or subsequent breach.
12. Default and Termination. If, through no fault of
Contractor, the work on the project is stopped for a period of
thirty (30) consecutive days or more, Contractor may terminate
this contract, in which event Contractor will be paid for
materials and equipment supplied and work performed up to the
date of termination. If Contractor fails to prosecute the work
with such diligence as will insure its completion ,within the
contract time, or if Contractor breaches anyone of the terms or
conditions contained in this contract and fails to cure said
breach within fifteen (15) days of District's mailing of Notice
of Default, District may terminate this contract forthwith. Upon
termination, District may, without prejudice to an action for
damages or any other remedy, take the prosecution of the work out
of the hands of Contractor. District may enter into another
contract for the completion of the contract, or use such other
methods as may be required for the completion of the contract.
District may deduct all costs of completing the contract from any
monies due, or which may become due, to Contractor.
13. Assignment. The parties mutually agree that this
contract is not assignable and shall not be assigned by either
party without the written consent of the other party and the
surety to this contract.
14. Entire Agreement. This agreement constitutes the
entire understanding of the parties.
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15.
Laws To Be Observed. Contractor shall observe and
comply with all Federal and State laws, including Department of
Labor, Health and Safety Regulations, and all local laws,
ordinances and regulations which in any way affect the conduct of
the contract work.
16.
permi ts and Licenses.
Contractor shall procure
all applicable permits and licenses, including permits and
licenses required pursuant to applicable patent and copyright
laws, shall pay all charges and fees, and shall give all notices
necessary and incidental to the due and lawful prosecution to the
work. There will be no charge for County building permits.
Contractor shall comply with N.C.G.S. Chapter 87,
Article 8 and provide all notification required by statute and
Contractor shall be responsible for cost of repair to all
utilities damages during construction.
17.
Non-Discrimination.
will
take
Contractor
affirmative action not to discriminate against any employee or
applicant for employment or otherwise illegally deny any person
participation in or the benefits of the project which is the
subject of this contract because of race, creed, color, sex, age,
disability or national origin.
18. Goal for Participation by Minority Businesses. It
is the policy of New Hanover County that minority businesses
shall have the maximum opportunity to participate in the
performance of contracts
financed with public money including
!
. contracts awarded pursuant to the requirements of N.C.G.S.
143-128.
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New Hanover County, pursuant to N.C.G.S. ~143-128(c),
has adopted an eight percent
(8%)
verifiable goal for
participation by minority businesses in the total value of work
required by the terms and conditions of this contract.
Contractor covenants and agrees to comply with said
policy of New Hanover County and the provisions of N. C. G. S.
~143-128 and shall follow County guidelines specifying the
actions that Contractor must take to ensure and maintain,
throughout the term of this contract the recruitment, selection
and utilization of minority businesses for participation in this
contract.
19.
Contractor shali pay all applicable
Taxes.
Federal, State and local taxes, including sales taxes on all
equipment and materials used in the project.
District is
qualified to receive all sales taxes paid on the project as a
rebate. Contractor shall submit a statement showing the invoice,
sales taxes paid to State, sales taxes paid to county of vendor's
location, and name of county of all material and equipment used
in the project. A tax statement shall be submitted with each pay
request and shall be accompanied by an affidavit verifying
validation.
20. Interpretation. All of the terms and conditions
contained in the contract documents shall be interpreted in
accordance with the laws of the State of North Carolina. The
contract documents shall be given precedence in the following
,
order:
Modifications,
Addenda,
Supplementary
Agreement,
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Conditions, Special Conditions, Instructions to Bidders, General
Conditions, Specifications and Drawings.
21.
Deletions of General Conditions.
The following
General Conditions are hereby deleted: Article 16.
22.
Notices.
All notices required hereunder to be
sent to either party shall be sent to the following designated
addresses, or to such other address or addresses as may hereafter
be designated by either party by mailing of written notice of
such change of address, by Registered Mail, Return Receipt
Requested:
To District:
New Hanover County Water & Sewer District
Attention: Wyatt Blanchard, County Engineer
414 Chestnut Street
Wilmington, North Carolina 28401
To Contractor:
Attention:
IN WITNESS WHEREOF, the parties have caused the
execution of this instrument, by authority duly given and on the
day and year first above written.
NEW HANOVER COUNTY WATER AND
SEWER DISTRICT
[SEAL]
Jonathan Barfield, Sr., Chairman
ATTEST:
Clerk to the Board
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New Hanover County Contract # W&S 90 - 0388
.
[CORPORATE SEAL]
President
ATTEST:
Secretary
This instrument has been pre-
audited in the manner required
by the Local Government Budget
and Fiscal Control Act.
Approved as to form:
County Finance Director
County Attorney
.
NORTH CAROLINA
NEW HANOVER COUNTY
I, , a Notary Public of
the State and County aforesaid, certify that Lucie F. Harrell
personally came before me this day and acknowledged that she is
Clerk to the New Hanover Water and Sewer District, and "that by
authority duly given and as the act of the Board, the foregoing
instrument was signed in its name by its Chairman, Jonathan
Barfield, Sr., sealed with its corporate seal and attested by
herself as its Clerk.
WITNE~S my hand and official seal, this
, 1991.
day of
"
Notary Public
My commission expires:
NORTH CAROLINA
. NEW HANOVER COUNTY
I, , a
the State and County aforesaid, certify that
Notary Public of
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New Hanover County Contract * W&S 90 - 0388
, personally carne before me this day and
acknowledged that (s)he is Secretary of
, a corporation, and that by
authority duly given and as the act of the corporation, the
foregoing instrument was signed in its name by its President,
, sealed with its corporate seal and
attested by him/herself as its Secretary.
WITNESS my hand and official seal, this
, 1991.
day of
Notary Public
My commission expires:
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