CITY COUNCIL MEMBERS

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1 BID REQUEST AND SPECIFICATIONS POLE REPLACEMENT PROJECT FOR THE CITY OF KINSTON, ELECTRIC DIVISION BID # PS-EL MAYOR DON HARDY CITY COUNCIL MEMBERS FELICIA SOLOMON, MAYOR PRO-TEM ROBERT A. SWINSON, IV SAMMY C. AIKEN JOSEPH M. TYSON KRISTAL SUGGS TONY SEARS, CITY MANAGER

2 BID REQUEST AND SPECIFICATIONS POLE REPLACEMENT PROJECT FOR THE CITY OF KINSTON, ELECTRIC DIVISION BID # PS-EL Sealed bids addressed to Purchasing Manager, City of Kinston, 2360 Hwy 258 S, Kinston, NC and clearly marked on the outside of the shipping package BID # PS-EL will be accepted until 2:00 P.M., Wednesday, February 20, NOTES: 1. Faxed or bid submissions will not be accepted. 2. A bid bond IS NOT required 3. A performance bond IS NOT required. QUESTIONS: SUBMIT ALL QUESTIONS IN WRITING TO: City of Kinston Attn: Purchasing/Warehouse Manager PO Box 339 Kinston, NC Phone: (252) tim.wood@ci.kinston.nc.us Tim Wood, CLGPO Purchasing/Warehouse Manager BID # PS-EL Page 2

3 TABLE OF CONTENTS Section 1 Section 2 Section 3: Advertisement-Request for Bid Instructions to Bidders 2.1 Schedule 2.2 Bidder Instructions General Conditions 3.1 Bids 3.2 Addendum 3.3 Clarification of Bids 3.4 Vendor s Oral Presentation 3.5 Vendor s Incurred Cost 3.6 Terminology-Brand Names 3.7 Licensing Agreement (If applicable) 3.8 Shipping Cost 3.9 Prime Contractor Responsibilities 3.10 Contracting (If applicable) 3.11 Exceptions (Mandatory) 3.12 Performance Bond (Construction Related Projects) 3.13 Performance Bond (Service and Maintenance Agreements) 3.14 Separate Proposals 3.15 Default 3.16 Period of Contract 3.17 Hold Harmless Agreement 3.18 Terms and Conditions 3.19 Award 3.20 Factors and Evaluation 3.21 Errors 3.22 Schedules 3.23 Samples 3.24 Prices and Escalation Clause 3.25 Defects 3.26 Miscellaneous 3.27 Destination 3.28 Demonstration 3.29 Delivery 3.30 Manuals 3.31 Bid Schedules 3.32 Trade-In 3.33 Non-Discrimination Clause 3.34 N.C. General Statutes and City Ordinances 3.35 Tax Payer ID 3.36 E-Verify 3.37 Iran Divestment Act BID # PS-EL Page 3

4 TABLE OF CONTENTS (cont) Section 4: Section 5: Minority Business Contract Provisions Specifications Section 6 Bid Schedules BID SCHEDULE 1 BID # PS-EL Page 4

5 Section 1 Advertisement BID REQUEST AND SPECIFICATIONS POLE REPLACEMENT PROJECT FOR THE CITY OF KINSTON, ELECTRIC DIVISION BID # PS-EL Sealed bids addressed to Purchasing Manager, City of Kinston, 2360 Hwy 258 S, Kinston, NC and clearly marked on the outside of the shipping package BID # PS-EL will be accepted until 2:00 P.M., Wednesday, February 20, Complete copies of the bid package may be obtained on the City of Kinston, Public Services Web Site, or copies may be received in person from the City of Kinston, Purchasing/Warehouse Manager located at 2360 Highway 258 South, Kinston, North Carolina Interested bidders are encouraged to attend the Pre-Bid Conference at 2:00 P.M., on Wednesday, February 6, 2019, in the City of Kinston, Public Services Complex, Small Meeting Room located at 2360 Highway 258 South, Kinston, North Carolina Attendees will be presented an overview of the contract requirements, followed by location visits so bidders may fully understand the scope of work. Instructions for submitting bids and information may be obtained by contacting Tim Wood at the City Purchasing/Warehouse Office during regular office hours. The City of Kinston reserves the right to accept or reject any or all bids and to accept the bid deemed to be in the best interest of the City. Tim Wood, Purchasing/Warehouse Manager City of Kinston Phone (252) Fax (252) tim.wood@ci.kinston.nc.us Distributed: Monday, January 28, 2019 BID # PS-EL Page 5

6 Section Instructions to Bidders Schedule Advertisement Monday, January 28, 2019 Pre-Bid Conference 2:00 P.M., Wednesday, February 6, 2019 Deadline for Questions 5:00 P.M., Wednesday, February 13, 2019 Deadline for Receipt of Bids 2:00 P.M., Wednesday, February 20, 2019 Proposed Date of Award Monday, March 4, 2019 Bidder Instructions Each proposal shall be accompanied by a cash deposit, cashier's check or certified check on some bank or trust company insured by the Federal Deposit Insurance Corporation in an amount equal to not less than 5% of the total amount of the proposal. The City of Kinston reserves the right to waive this requirement in accordance with Article 8 Section of the General Statues. Checks should be made payable to the order of the City of Kinston. If the proposal is accepted and the bidder neglects or refuses to deliver the materials and or services for which the proposal is made within the time designated in the proposal, his deposit shall be forfeited as liquidated damages. All such deposits, except that of the successful bidder, will be returned to the person depositing same when the contract is awarded. In lieu of the above deposit, the bidder may submit a bid bond for the same amount, attaching the bonding company's power of attorney to the proposal. It is expressly understood by the bidders that issuance of the Purchase Order by the City of Kinston will constitute an agreement by the City to consummate the transaction and will serve, together with the proposal, the advertisement, these instructions, detailed specifications and the bid forms as the entire form of contract between these parties. Provided, however, the City of Kinston reserves the right to reject any bids not meeting the specifications herein referred to, notwithstanding the fact the Purchase Order has been issued. It is the responsibility of the bidders to insure that the bid is received before the hour given above. The City reserves the right to accept or reject any or all bids and to accept the bid deemed to be in the best interest of the City. Recommendations to Council will not be discussed prior to award made by the Mayor and City Council. All inquiries and all other communications regarding this bid shall be directed to the City Purchasing/ Warehouse Manager at or the City Electric Systems Manager at Discussions or communications (written or oral) concerning the bid, the bidder's competitors or the award of the bid with members of the City Council or City employees other than those named specifically in this document, shall be deemed inappropriate and improper. Evidence of such shall be the basis for disqualification of the party's bid. BID # PS-EL Page 6

7 Section 3 General Conditions 3.1 BIDS The bids may be presented to the Mayor and City Council for award. 3.2 ADDENDUM Any addendum to these bidding documents will be issued in writing. No oral statements, explanations or commitments by anyone shall be of any effect unless incorporated in an addendum. 3.3 CLARIFICATION OF BIDS The City of Kinston reserves the right to contact bidders individually for the purpose of clarifying bids. 3.4 VENDOR'S ORAL PRESENTATION *WAIVED* Each bidder who submits a proposal in response to this request for proposals may be required to make an oral presentation of his or her proposal to the City. Such presentations provide an opportunity for the bidder to clarify the proposal, to insure mutual understanding and will in no way change the bidder's original bid. The City may r3equest oral presentations. 3.5 VENDOR INCURRED COST The City of Kinston is not liable for any cost incurred by the bidders prior to issuance of an agreement, contract or Purchase Order. 3.6 TERMINOLOGY-BRAND NAMES Some terms used in this request for bids might imply or denote a particular vendor or brand name. Similarly, certain items discussed may be a function of some vendor's equipment or vice versa. The terminology used and the organization of the request for bids are not intended to be restrictive in any way. Appropriate interpretation of the intent of the request for bids should be made by the vendor in these situations. 3.7 LICENSING AGREEMENT (If applicable) Any licensing agreement required by the bidder must be fully described. 3.8 SHIPPING COSTS The selected bidder will be responsible for the cost of delivery on all items. If costs are to be assumed by the user, then the actual cost must be included in the bid price. 3.9 PRIME CONTRACTOR RESPONSIBILITIES Vendors are responsible for determining the specific requirements from the specifications stated in this request for bids. The selected vendor will be required to assume sole responsibility for delivery of all services stated in the bid. The City of Kinston will consider the selected vendor to be the sole point of contact with regard to all contractual matters. Furthermore, the selected vendor will be obligated to provide materials which meet all guarantees in the bid for the price stated in the bid CONTRACTING (If Applicable) Upon award of the bid, the request for bids and the successful vendor's bid will become part of the contract. City representatives should be given sufficient time to thoroughly review any proposed contract. The City intends to enter into a contract which best serves the interests of the City and will not be required to accept a vendor's standard contract. However, vendors should include a copy of a BID # PS-EL Page 7

8 standard or usual contract EXCEPTIONS *MANDATORY* Any and all exceptions to the specifications included in this request for bids must be fully detailed and explained under "EXCEPTIONS" on the Bid Schedule. Should the bidder not indicate and explain all exceptions, the bid may be automatically disqualified PERFORMANCE BOND (CONSTRUCTION RELATED PROJECTS ONLY) The successful bidders will be required to supply a performance bond as outlined under the "Instructions to Bidders." This bond will be exercised should the successful bidders fail to provide 100% (complete) delivery of all items awarded within the proposed delivery period of the successful bidder at the quoted prices. The performance bond will remain in force throughout the period of original warranty. (Only required if total bid is greater than $300,000.) 3.13 PERFORMANCE BOND (SERVICE AND MAINTENANCE AGREEMENTS ONLY) The successful bidders will be required to supply a performance bond as outlined under the "Instructions to Bidders." This bond will be exercised should the successful bidders fail to provide 100% (complete) delivery of all items awarded within the proposed delivery period of the successful bidder at the quoted prices. The performance bond will remain in force throughout the period of contract. The performance bond shall equal three (3) months of the payments due under the contract SEPARATE PROPOSALS While it is not contemplated that any abnormal requirements or additional terms will be required, other than listed herein, if such should occur, the City reserves the right to call for separate proposals thereon DEFAULT City, the City reserves the right to procure any piece of equipment, material or services in default from other sources and hold the successful bidder responsible and liable for any difference in cost incurred including transportation charges PERIOD OF CONTRACT The contract period will begin upon notification in writing (purchase order) to the successful bidder and will run for the period of proposed delivery and acceptance of material by the City HOLD HARMLESS AGREEMENT The Contractor agrees to protect, defend, indemnify, and hold the City of Kinston, its officers, employees and agents free and harmless from and against any professional fees, claims or liabilities of every kind and character that are the result of negligence by the contractor or his agent and out of the realm and scope of the plans and specifications. The vendor further agrees to respond to provide defense for and defend any and all such claims arising from the vendors or vendor's agents negligence at the vendors' sole expense and agrees to bear all other costs and expenses related thereto TERMS AND CONDITIONS The terms and conditions of sale or service as stated in this proposal govern in the event of conflict with any terms of seller s proposal, and are not subject to change by reason of any written or verbal statement by seller or by any terms stated in seller s acknowledgment unless same is accepted in writing by the entity. Complete list of terms and conditions are listed in Section 5 Specifications and additionally on the purchase order upon award of contract AWARD The award of the bid will be made to the lowest responsive, responsible bidder as soon as practical, provided that in the selection of the material a purchase order may be awarded to a responsive, BID # PS-EL Page 8

9 responsible bidder other than the lowest in the interest of standardization or ultimate economy if the advantage of each standardization or ultimate economy is clearly evident, or award the purchase order to a responsive, responsible bidder deemed in the best interest of the City. This Bid may be a multiple award FACTORS OF EVALUATION In estimating the best value for the City, the following considerations will be given in addition to prices: Delivery, compatibility with existing equipment or material, discounts offered, past performance, technical and maintenance support, reputation and experience. This list is not all inclusive ERRORS The City reserves the right to waive minor irregularities or minor errors in any proposal, if it appears that such irregularities were made inadvertently. Errors in addition or in extensions of unit prices shown will be corrected prior to evaluation of the total bid. In case of variation between the unit prices and extensions, the unit prices will be considered to be the valid bid price SCHEDULES The City reserves the right to award any schedule or combinations thereof or to award any part of any schedule. The City of Kinston reserves the right to purchase additional units at the quoted bid price SAMPLES: 3.24 PRICES Each bidder will provide at the time of bid opening or pre-bid meeting, samples of the items bid on. Samples will be picked up by bidder within 90 days of bid opening. All samples are to be at no cost to the City. After 90 days the samples will be considered abandoned and become property of the City of Kinston. EXCEPTIONS: Samples subjected to destructive testing or sent off for evaluation will not be returned. Prices shall be quoted F.O.B. the City of Kinston, NC 28502, and delivered to the location specified on the Purchase Order. ESCALATION CLAUSE: WAIVED Price quotes shall remain in effect for a period of two (2) years with the option of 2 additional one year periods. Price adjustment during the bid term must be indicated in the bid DEFECTS All materials furnished hereunder shall be new, not used and subject to the inspection, tests and approval of the City. The materialman shall guarantee his materials and workmanship against defect due to faulty materials or faulty workmanship or negligence for the stated period in the manufactures warranty MISCELLANEOUS The bidder shall hold harmless and indemnify the City, its agents, and employees, from any and all claims, suits, and proceedings for infringement of any patent or patents covering materials and equipment purchased hereunder. The bidder shall defend any suit or proceeding brought against the City, its agents, or employees based upon a claim that materials and equipment or any part thereof constitute an infringement of any patent, or if the bidder shall fail to defend such suit or proceeding, the City may do so and the bidder shall make reimbursement for the expense of such litigation. If the BID # PS-EL Page 9

10 materials and equipment, or any part thereof, are held to constitute infringement and the use thereof, is enjoined, the bidder shall, at its own expense, either procure for the City the right to continue to use the materials and equipment, or such part thereof, or shall replace the materials and equipment, or such part thereof, with no-infringing materials and equipment DESTINATION Item(s) shall be delivered to: The City of Kinston, Monday through Friday, 8:00 A.M. to 4:00 P.M. excluding holidays to the location specified on the purchase order DEMONSTRATION Vendors may be required to provide a demonstration with similar equipment and specifications as noted herein or provide at the vendor s expense a demonstration of similar equipment currently in use at another customer s site DELIVERY All Delivery Costs to be prepaid by bidder. See special conditions/purchase order for further clarification. The vendor shall be insured in case of lost shipment. The vendor will notify the City of Kinston (24) hours before delivery. Please contact the Fleet Manager at for Vehicles and Equipment; or the Warehouse Supervisor for Transformers and material at MANUALS Successful bidder shall furnish the materials-services copies of manuals, or literature with technical and descriptive information and parts manuals BID SCHEDULES You may bid on any or all bid schedule(s). Bidder is required to complete, sign, and date the bid form Schedules, and submit with the sealed bid. The bidder s NC Sales and Use tax number is required on this form. Bids submitted on any other form will be considered non-responsive. In cases of document discrepancies, or requests for content clarification, contact the Purchasing/Warehouse Manager at TRADE-IN The City may purchase with or without a trade-in. In the event the City elects to accept the proposed trade-in value for a trade in unit, the City reserves the right to use the trade-in unit until the new equipment has been delivered and accepted by the City. The trade-in shall be where is - as is and without guarantee of the condition at the time the new unit is received from the successful bidder. The vehicle/equipment may be inspected at the Fleet Maintenance Building, located at 2360 Hwy 258 South, Kinston NC Please contact the Fleet Manager at to arrange a time for the inspection NON-DISCRIMINATION CLAUSE: It is specifically agreed as part of the consideration of the signing of this contract, that the parties hereto, their agents, officials, employees, or servants will not discriminate in any manner on the basis of race, BID # PS-EL Page 10

11 color, creed, religion, or national origin with reference to the subject matter of this contract. Enforcement of this provision, as set out in said ordinance, shall be action for specific performance, injunctive relief, or other remedy as provided by law. This provision shall be binding on the successors and assigns of the parties hereto with reference to the subject matter of this contract. The City of Kinston is in compliance with Title VII of the Civil Rights Act of 1964, as amended, and Section 122(A) of the State and Local Fiscal Assistance Act of 1972, and hereby issues the declaration that bid award is contingent upon bidder s compliance with aforementioned statutes N.C. General Statutes and City Ordinances N.C.G.S governs purchasing in the state of North Carolina. Bids are awarded according to its provisions. The General Statutes of the State of North Carolina and Code of Ordinances of the City of Kinston, insofar as they apply to purchasing and competitive bidding, are made a part hereof Tax payer ID Bidder is required to complete, sign, and date a Federal form W-9, and submit the form with the sealed bid E-Verify Bidder is required to complete, sign, date and have notarized the E-Verify Affidavit form provided and submit in their sealed bid Iran Divestment Act Certification Form Contractor hereby certifies that Contractor, and all subcontractors, are not on the Iran Final Divestment List ( List ) created by the North Carolina State Treasurer pursuant to N.C.G.S A-4. Contractor shall not utilize any subcontractor that is identified on the List. BID # PS-EL Page 11

12 Section 4 MINORITY BUSINESS CONTRACT PROVISIONS I II APPLICATIONS The Guidelines for Recruitment and Selection of Minority Businesses for Participation in the City of Kinston Construction Contracts are attached and are hereby made a part of these contract documents. These guidelines shall apply to all contractors regardless of ownership. Copies of these guidelines may be obtained from the City of Kinston. The State Guidelines for Recruitment and Selection of Minority Businesses may be obtained from the Department of Administration, State Construction Office, (physical address) 301 North Wilmington Street, Suite 450, NC Education Building, Raleigh, North Carolina , (mail address) 1307 Mail Service Center, Raleigh, North Carolina, , phone (919) , Website: The goals for participation by minority firms as subcontractors on this project have been set at 10%. The bidder must identify on its bid, the minority businesses that will be utilized on the project with corresponding total dollar value of the bid and affidavit (Affidavit A) listing good faith efforts or affidavit (Affidavit B) of self performance of work, if the bidder will perform work under this contract by its own workforce, as required by G.S ) and G.S (f). The lowest responsible, responsive bidder must provide Affidavit C, that includes a description of the portion of work to be executed by minority businesses, expressed as a percentage of the total contract price, which is equal to or more than the applicable goal. OR Provide Affidavit D, that includes a description of the portion of work to be executed by minority businesses, expressed as a percentage of the total contract price, with documentation of Good Faith Effort, if the percentage is not equal to the applicable goal. OR Provide Affidavit B, which includes sufficient information for the State to determine that the bidder does not customarily subcontract work on this type of project. The above information must be provided as required. Failure to submit these documents is grounds for rejection of the bid. MINIMUM COMPLIANCE REQUIREMENTS All written statements, affidavits or intentions made by the bidder shall become a part of the agreement between the Contractor and the City of Kinston for the performance of this contract. Failure to comply with any of these statements, affidavits or intentions, or minority business Guidelines shall constitute a breach of the contract. A finding by the City of Kinston that any information submitted either prior to award of the contract or during performance of the contract is inaccurate, false or incomplete, shall constitute a breach of the contract. Any such breach may result in termination of the contract in accordance with the termination provisions contained in the contract. It shall be solely at the option of the City of Kinston whether to terminate the contract for breach. In determining whether a contractor has made Good Faith Efforts, the City of Kinston will evaluate all efforts made by the Contractor and will determine compliance in regard to quantity, intensity, and results of these efforts. Good Faith Efforts include: BID # PS-EL Page 12

13 1. Contacted minority businesses that reasonably could have been expected to submit a quote that were known to the contractor, or available on State or local government maintained lists, at least 10 days before the bid date and notified them of the nature and scope of the work to be performed. 2. Made the construction plans, specifications and requirements available for review by prospective minority businesses, or providing these documents to them at least 10 days before the bids are due. 3. Broken down or combined elements of work into economically feasible units to facilitate minority participation. 4. Worked with minority trade, community, or contractor organizations identified by the Office of Historically Underutilized Businesses and included in the bid documents that provide assistance in the recruitment of minority businesses. 5. Attended pre-bid meetings scheduled by the public owner. 6. Provided assistance in getting required bonding or insurance or provided alternatives to bonding or insurance for subcontractors. 7. Negotiated in good faith with interested minority businesses and did not reject them as unqualified without sound reasons based on their capabilities. Any rejection of a minority business based on lack of qualification should have the reasons documented in writing. 8. Provided assistance to an otherwise qualified minority business in need of equipment, loan capital, lines of credit, or joint pay agreements to secure loans, supplies, or letters of credit, including waiving credit that is ordinarily required. Assisted minority businesses in obtaining the same unit pricing with the bidder's suppliers in order to help minority businesses in establishing credit. 9. Negotiated joint venture and partnership arrangements with minority businesses in order to increase opportunities for minority business participation on a public construction or repair project when possible. 10. Provided quick pay agreements and policies to enable minority contractors and suppliers to meet cash-flow demands. Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid BID # PS-EL Page 13

14 Identification of Minority Business Participation I,, (Name of Bidder) do hereby certify that on this project, we will use the following minority business enterprises as construction subcontractors, vendors, suppliers or providers of professional services. Firm Name, Address and Phone # Type Work *Minority Category *Minority categories: Black, African American (B), Hispanic (H), Asian American (A), American Indian (I), Female (F), Socially and Economically Disadvantaged (D) The total value of minority business contracting will be ($). Specs\00495minority business Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid BID # PS-EL Page 14

15 City of Kinston AFFIDAVIT A - Listing of Good Faith Efforts County of Affidavit of (Name of Bidder) I have made a good faith effort to comply under the following areas checked: Bidders must earn at least 50 points from the good faith efforts listed for their bid to be considered responsive. (1 NC Administrative Code ) 1- (10 pts) Contacted minority businesses that reasonably could have been expected to submit a quote that were known to the contractor, or available on State or local government maintained lists, at least 10 days before the bid date and notified them of the nature and scope of the work to be performed. 2- (10 pts) Made the construction plans, specifications and requirements available for review by prospective minority businesses, or providing these documents to them at least 10 days before the bids are due. 3- (15 pts) Broken down or combined elements of work into economically feasible units to facilitate minority participation. 4 - (10 pts) Worked with minority trade, community, or contractor organizations identified by the Office of Historically Underutilized Businesses and included in the bid documents that provide assistance in the recruitment of minority businesses. 5- (10 pts) Attended prebid meetings scheduled by the public owner. 6 - (20 pts) Provided assistance in getting required bonding or insurance or provided alternatives to bonding or insurance for subcontractors. 7 - (15 pts) Negotiated in good faith with interested minority businesses and did not reject them as unqualified without sound reasons based on their capabilities. Any rejection of a minority business based on lack of qualification should have the reasons documented in writing. 8 - (25 pts) Provided assistance to an otherwise qualified minority business in need of equipment, loan capital, lines of credit, or joint pay agreements to secure loans, supplies, or letters of credit, including waiving credit that is ordinarily required. Assisted minority businesses in obtaining the same unit pricing with the bidder's suppliers in order to help minority businesses in establishing credit. 9 - (20 pts) Negotiated joint venture and partnership arrangements with minority businesses in order to increase opportunities for minority business participation on a public construction or repair project when possible (20 pts) Provided quick pay agreements and policies to enable minority contractors and suppliers to meet cash-flow demands. The undersigned, if apparent low bidder, will enter into a formal agreement with the firms listed in the Identification of Minority Business Participation Schedule conditional upon scope of contract to be executed with the Owner. Substitution of contractors must be in accordance with GS (d) Failure to abide by this statutory provision will constitute a breach of the contract. The undersigned hereby certifies that he or she has read the terms of the minority business commitment and is authorized to bind the bidder to the commitment herein set forth. Date: Name of Authorized Officer: Signature: Title: (SEAL) State of, County of Subscribed and sworn before me this day of 20 Notary Public My commission expires BID # PS-EL Page 15

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20 (Affix Official/Notarial Seal) STATE OF NORTH CAROLINA CITY OF KINSTON AFFIDAVIT of COMPLIANCE with N.C. E-Verify Requirements 1. I am over the age of 18 years old and of sound and competent mind. 2. I am the (Owner, President, Manager, CEO, etc.) of, the Employer, and possess the full authority to speak for and on behalf of the Employer. 3. Employer understands that E-Verify means 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. 4. If the Company has less than 25 eligible employees, it is not required to participate in the E-Verify process. 5. If the Company has more than 25 eligible employees, the Company is required to participate in the E-Verify process as written in Article 2 of Chapter 64 of the North Carolina General Statutes. 6. If the Company has more than 25 eligible employees, the Company has retained all verification records as required in Article 2 of Chapter 64 of the North Carolina General Statutes. 7. All subcontractors engaged by or to be engaged by Employer have or will have likewise complied with the provisions of Article 2, Chapter 64 of North Carolina General Statutes. 8. Employer will make all pertinent records available for review by the City of Kinston and shall provide information concerning any change in its status pursuant to Article 2, Chapter 64 of North Carolina General Statutes. 9. I have personal knowledge of all facts attested herein. 10. Further this affiant saith not. Company Name Affiant Printed Name and Title Affiant Signature This the day of, 20. The person whose name appearing above appeared before me on the date listed above and displayed sufficient proof of identification and signed above affirming the statements contained herein. day of, 20. My Commission Expires: Notary Printed Name Notary Signature BID # PS-EL Page 20

21 Section 5 Specifications Purpose: The Electric Division s FY Capital Improvement Budget has provisions to replace existing poles of various sizes on the City Electrical System. The purpose of this Bid Request is to secure the services of an electrical contracting firm that has the ability to perform the necessary work in a timely and professional manner. Scope: The chosen firm will be required to furnish all labor, equipment and specified material to facilitate the removal of 20 poles, installation of 85 poles and material, transfer of electrical lines, transformers and other related material, and top 65 poles. The selected firm will complete the project in 120 calendar days from the commencement of work. Weather days will be considered by the City during the course of the project. The scheduled start of the project has been set for the week of March 11, The firm will be expected to provide their services Monday through Friday between the hours of 7:00 a.m. to 5:00 p.m. unless circumstances (e.g. customer convenience) determine otherwise. An option of working four, ten hour days will be acceptable. Requirements: All poles shall either be replaced or tops removed and electrical hardware transferred or installed in accordance with the enclosed staking sheets unless otherwise designated in writing by an Electric Division representative. All work must be done in a courteous and professional manner. All outages must be coordinated with the affected customer and might require scheduling work after normal business hours. Contractor is responsible for all utility locates for all project locations. The chosen firm will be expected to provide well trained technicians and to follow all codes and applicable regulations (e.g. OSHA, NESC, NC DOT, etc.) pertinent to this discipline. Materials: The list of material required for this project is identified on the enclosed staking sheets. Bidders shall provide a list by manufacturer and catalogue number for approval by the Electric Systems Manager. The firm will be responsible for any additional connectors, tape, j hooks, support grips and all other miscellaneous material to complete the project. BID # PS-EL Page 21

22 Unit Number Number of Units Guy & Anchor Assemblies City of Kinston Labor & Materials Contract Utility Pole Replacement Overhead Distribution Remove Assembly Units Unit Price Extended Price Labor Materials Labor & Materials Labor & Materials E1-1EC 1 $ - $ - $ - $ - E3-10EC 5 $ - $ - $ - $ - E3-2EC 10 $ - $ - $ - $ - E4-2EC 1 $ - $ - $ - $ - F1-8EC 1 $ - $ - $ - $ - Poles Top 65 $ - $ - $ - $ - 35/3 7 $ - $ - $ - $ - 40/4 10 $ - $ - $ - $ - 45/4 3 $ - $ - $ - $ - Miscellaneous Assemblies J1-EC 1 $ - $ - $ - $ - M.I.F. Bracket 1 $ - $ - $ - $ - M2-12EC 19 $ - $ - $ - $ - M2-1EC 4 $ - $ - $ - $ - M5-5EC 2 $ - $ - $ - $ - BID # PS-EL Page 22

23 Unit Number Pole Top Assemblies Number of Units City of Kinston Labor & Materials Contract Utility Pole Replacement Overhead Distribution Transfer Assembly Units Unit Price Extended Price Labor Materials Labor & Materials Labor & Materials A1EC 13 $ - $ - $ - $ - A2EC 2 $ - $ - $ - $ - A3EC 4 $ - $ - $ - $ - A4EC 1 $ - $ - $ - $ - A5-1EC 4 $ - $ - $ - $ - A5-2EC 1 $ - $ - $ - $ - A5EC 8 $ - $ - $ - $ - A6-EC 3 $ - $ - $ - $ - A7-EC 1 $ - $ - $ - $ - B7-EC 1 $ - $ - $ - $ - C1-1EC 8 $ - $ - $ - $ - Guy & Anchor Assemblies E1-1EC 35 $ - $ - $ - $ - E1-1FEC 6 $ - $ - $ - $ - E2-2EC 12 $ - $ - $ - $ - E2-2FEC 2 $ - $ - $ - $ - E3-10EC 6 $ - $ - $ - $ - E4-2 1 $ - $ - $ - $ - Transformer Assemblies G105EC-15 1 $ - $ - $ - $ - G105EC-25 8 $ - $ - $ - $ - G105EC $ - $ - $ - $ - G105EC $ - $ - $ - $ - G109EC-25 1 $ - $ - $ - $ - Miscellaneous Assemblies COLA Bracket 2 $ - $ - $ - $ - Eyenut 4 $ - $ - $ - $ - J1-EC 54 $ - $ - $ - $ - J-Hook 6 $ - $ - $ - $ - K10 7 $ - $ - $ - $ - K13 8 $ - $ - $ - $ - K14 3 $ - $ - $ - $ - M $ - $ - $ - $ - M5-6EC 5 $ - $ - $ - $ - M5-9EC 7 $ - $ - $ - $ - R1-2 1 $ - $ - $ - $ - UG1-1EC 1 $ - $ - $ - $ - UM5 8 $ - $ - $ - $ - BID # PS-EL Page 23

24 Unit Number Number of Units City of Kinston Labor & Materials Contract Utility Pole Replacement Overhead Distribution Install Poles Units Unit Price Extended Price Labor Materials Labor & Materials Labor & Materials Poles $ - $ - $ - $ - 30/5 3 $ - $ - $ - $ - 35/4 1 $ - $ - $ - $ - 35/5 14 $ - $ - $ - $ - 40/3 6 $ - $ - $ - $ - 40/4 47 $ - $ - $ - $ - 45/2 2 $ - $ - $ - $ - 45/3 11 $ - $ - $ - $ - 55/3 1 $ - $ - $ - $ - BID # PS-EL Page 24

25 Unit Number Pole Top Assemblies Number of Units City of Kinston Labor & Materials Contract Utitlity Pole Replacement Overhead Distribution Install Assembly Units Unit Price Extended Price Labor Materials Labor & Materials Labor & Materials A1EC 8 $ - $ - $ - $ - A2EC 1 $ - $ - $ - $ - A4EC 1 $ - $ - $ - $ - A6EC 1 $ - $ - $ - $ - C1-1EC 1 $ - $ - $ - $ - C1-HEC 5 $ - $ - $ - $ - VA1EC 1 $ - $ - $ - $ - VA-4EC 1 $ - $ - $ - $ - VA5-1EC 1 $ - $ - $ - $ - VA-5EC 2 $ - $ - $ - $ - VB1-EC 1 $ - $ - $ - $ - VB7-EC 1 $ - $ - $ - $ - Guy & Anchor Assemblies E1-1EC 6 $ - $ - $ - $ - E1-1FEC 8 $ - $ - $ - $ - E2-2EC 1 $ - $ - $ - $ - E3-10EC 33 $ - $ - $ - $ - F1-10EC 1 $ - $ - $ - $ - F1-8EC 2 $ - $ - $ - $ - M2-12EC 42 $ - $ - $ - $ - M2-1EC 21 $ - $ - $ - $ - Miscellaneous Assemblies M2-12EC 19 $ - $ - $ - $ - M2-1EC 4 $ - $ - $ - $ - BID # PS-EL Page 25

26 Section 6 BID SCHEDULES BID SCHEDULE 1 The undersigned, as Bidder, hereby declares that the only person or persons interested in this Proposal as Principal or Principals is or are named herein and that no other person than herein mentioned has any interest in this Proposal or in the Contract to be entered into; that this Proposal is made without connection with any other person, company or parties making a bid or Proposal; and that it is in all respects fair and good faith without collusion or fraud. The Bidder further declares that he has examined the site of the work and informed himself fully in regard to all conditions pertaining to the locations where the work is to be done; that he has examined the Specifications for the work and Contract Documents relative thereto and has read all special provisions furnished prior to the opening of bids; that he has satisfied himself relative to the work to be performed. The Bidder proposes and agrees, if this Proposal is accepted, to contract with the City of Kinston, North Carolina, in the Form of Contract specified to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation, and labor necessary to complete the construction of the Line Changes and New Line Construction in full and complete accordance with the Plans, Specifications and Contract Documents, to the full and entire satisfaction of the City of Kinston with a definite understanding that no money will be allowed for extra work except as set forth in the General Conditions and Contract Documents. The Unit Price Schedule is for the convenience of the Bidder and the City of Kinston. The bids will be let on the basis of the total amount of the base bid for the completed job. The Bidder understands and agrees that the various Assembly Units on which bids are made in this Proposal are as set out in the "Description of Assembly Units" attached hereto and made a part hereof, that said unit prices bid shall be used only if and when changes in the job arise, in which case unit prices shall be used to set the price of any change order to the Contract whether it be in addition to or deduction from the Contract amount. DISTRIBUTION ASSEMBLY UNITS REMOVAL $ INSTALLS $ TRANSFERS $ TOTAL DISTRIBUTION ASSEMBLY UNITS $ BID # PS-EL Page 26

27 Errors in addition or in extensions of unit prices shown will be corrected prior to evaluation of the total bid. In case of variation between the unit prices and extensions, the unit prices will be considered to be the valid bid price. The Bidder proposes and agrees to complete the work under this Proposal within ( ) calendar days. Bidder shall fill in the number of days. (See **NOTE**). The undersigned further agrees that in case of failure on his part to execute the Contract and furnish the Performance and Payment Bonds within ten (10) consecutive calendar days after written notice has been given of the award of the Contract, the check, cash, or Bid Bond accompanying this bid, and the monies payable thereon shall be paid into the funds of the City of Kinston, North Carolina account set aside for this project as liquidated damages for such failure; otherwise the check, cash, or Bid Bond accompanying the Proposal shall be returned to the Undersigned. **NOTE** Contractor will commence construction by,, 2018 and will complete in ( ) calendar days. Construction must be completed before,, (See Exhibit No. 2, Bid and Construction Schedule.) Respectfully submitted this day of, Address of Bidder: License No.: BID # PS-EL Page 27