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1991-04-15 W&S Exhibits ". m~. , ',,!, ~ '-'. ','" ."'<'~: '., ", '. , . :~ ,\; " '\ '~ , ~ '. ~ ~ :~ ! " r , \ r ./ o .:u .l:> .:u r ~ C) ~ ~ o ~ ~; I b-l J j I "~I o ..:u \1 ~ I j I ~j 01, Wf.(/'J">.- It:~ I Slry ( , ::c 2: -:;) <!. 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 A-5(R) DRAFT . . . New Hanover County Contract * W&S 90 - 0388 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. A-6(R) DRAFT . . . New Hanover County Contract # W&S 90 - 0388 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 A-7(R) DRAFT., . . . New Hanover County Contract * W&S 90 - 0388 (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. A-8(R) DRAFT' ", . . . New Hanover County Contract * W&S 90 - 0388 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 A-9(R) DRAFT .... . . . . New Hanover County Contract i W&S 90 - 0388 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 A-10(R) D.A.4FT ..... ... . . . New Hanover County Contract * W&S 90 - 0388 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. A-11(R) DRAFT . . New Hanover County Contract * W&S 90 - 0388 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. A-12(R) n,Q IJ r=T . . . New Hanover County contract * W&S 90 - 0388 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, A-13(R) l)R;4FT . . . New Hanover County contract # W&S 90 - 0388 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 A-14(R) DRAFT .... . 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 A-15(R) Ol1i4FT, . . . 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: A-16(R) DRAFT . ~ .