SPECIFICATIONS FOR ALUMINUM STREET LIGHT POLES FOR THE ELECTRIC DEPARTMENT BROOKINGS MUNICIPAL UTILITIES BROOKINGS, SOUTH DAKOTA SEPTEMBER 2012

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SPECIFICATIONS FOR ALUMINUM STREET LIGHT POLES FOR THE ELECTRIC DEPARTMENT BROOKINGS MUNICIPAL UTILITIES BROOKINGS, SOUTH DAKOTA SEPTEMBER 2012 Iof6

NOTICE TO BIDDERS Sealed bids will be received by Brookings Municipal Utilities (BMU), at the office of the Municipal Utilities Finance and Accounting Manager of said BMU until 1:30 p.m., Central Time, Thursday, September 6, 2012. Bids will then be publicly opened and read at the Municipal Utilities Building, 525 Western Avenue, Brookings, South Dakota. Bids will be passed upon at a Utility Board Meeting on or before Monday, September 10, 2012. Such bids are to provide for purchase of Aluminum Street Light Poles for Brookings Municipal Utilities. Specifications and bidding blanks may be inspected and procured at the office of the Brookings Municipal Utilities, 525 Western Avenue, Brookings, South Dakota. Each proposal must be accompanied by a certified check, cashiers check or draft, for five percent (5%) of the amount of the bid, such check to be certified or issued by either a State or National Bank, and payable to Brookings Municipal Utilities, or in lieu thereof, a bid bond for ten percent (10%) of the amount of the bid, such bond to be issued by the surety authorized to do business in this state and payable to Brookings Municipal Utilities. The check or bond will be retained by BMU as liquidated damages if the successful bidder refuses or fails to enter into a contract in accordance with the bid within 10 working days after notification. Payment will be made in cash upon delivery and acceptance. Bids may not be withdrawn within thirty days after the actual opening thereof. BMU reserves the right to waive irregularities and to reject any and all bids. A resident bidder shall be allowed a preference on a contract against the bid of any bidder from any other state or foreign province that enforces or has a preference for resident bidders. The amount of the preference given to the resident bidder shall be equal to the preference in the other state or foreign province. SDCL 5-18A-26. The Bureau of Administration shall maintain a current list of all states that have a resident bidder preference law and the amount or percent of the preference. (SDCL 5-18A-27). Laura Juli us Finance and Accounting Manager City of Brookings Municipal Utilities 20f6

INSTRUCTIONS TO BIDDERS 1. Each bid shall be in an opaque, sealed envelope. The envelope shall be marked on the outside with the name of the Bidder and the name of the project, material or equipment on which he is bidding, together with the number of Addenda received as follows. a) If bids are delivered using a shipping envelope (i.e. Fed Ex, Express Mail, Priority Mail, UPS, etc.) the bid must be sealed in an opaque envelope inside the shipping envelope labeled as follows: ************************************************************************ RETURN ADDRESS: BID ON Aluminum Street Light Poles TO: Finance & Accounting Manager Brookings Municipal Utilities 525 Western Avenue P.O. Box 588 Brookings, South Dakota 57006 TO BE RECEIVED Thursday, September 6, 2012 TIME 1:30PM.,Central Time ADDENDA RECEIVED: No. _ ************************************************************************ 2. All bids must be in the hands of the Finance and Accounting Manager of Brookings Municipal Utilities (BMU), on or before the time set for receiving bids. No bid will be considered which has not been received before the time set for opening of bids. 3. All bids shall include any Addenda issued the same as though it had been included in the original plans and/or specifications. 4. BMU may require that any party who submits a bid to furnish evidence satisfactory to the Utility Board that he has the necessary equipment, facilities, ability and financial resources to fulfill the conditions of the contract and specifications. 5. No bid will be accepted from, or contract awarded to any person who is in arrears upon any debt to, or in default upon a contract with BMU or the City of Brookings, South Dakota who is a defaulter as surety or otherwise upon any obligation to BMU or the City of Brookings, or who may have in a former contract with BMU or the City of Brookings, in the opinion of the Utility Board thereof, failed to perform work satisfactory as to character, quality or time. 6. Bids may be modified by mail or by telegraphic notice, received not later than the time set for the opening of bids. Letter or telegraphic modification shall not reveal the bid price but shall provide the addition or subtraction or the modification so that the final prices or terms will not be known until the sealed bid is opened. Any modification may not be withdrawn after the time set for opening of bids. Modifications must be confirmed in writing by the successful bidder before the award ofthe contract. No bid made shall be changed or altered by telephone. 30f6

7. Any bid which is materially deficient in any of the following requirements may be rejected as informal. a) All bids and their accompanying statements must be made upon bid forms provided by BMU and attached to the specifications, and shall be considered as one document. All information requested on bid forms must be provided. (b) No bid will be received if detached from the package in which they are bound; nor must any of the accompanying papers be detached therefrom, but the entire package must be unbroken and unaltered, in good order, and enclosed in a sealed envelope when the bid is deposited. (c) Any bid or proposal that is modified, altered or conditioned by the bidder in such a way that it will affect the total bid amount shall be considered "not according to specifications" and therefore shall be rejected. (d) Write-in alternate bids, options, or discount on proposal forms will not be considered in awarding the contract. (e) Bid security must comply with requirements set forth in Notice to Bidders. 8. Any bid may be withdrawn by letter, by telegram, or in person before the time set for the opening of the bids. 9. BMU reserves the right to reject any or all bids, to waive any information in any bid, and to accept any considered advantage to BMU. 10. BMU will reject any or all bids that are not F.O.B. Brookings, South Dakota. 11. The successful bidder must enter into a contract in accordance with the bid within ten working days after notification of bid award. 12. All Bidders are hereby informed that they are responsible for remitting all applicable taxes; including, but not limited to, SD SaleslUse Tax, SD Municipal Tax, SD Contractor's Excise Tax, Federal Communications Excise Tax, etc.. The City/Owner shall not be held responsible for remitting any taxes. The Bidder is advised to contact the South Dakota Department of Revenue to insure the Bidder is knowledgeable about the applicable SD state taxes imposed on the scope of the bid. The Bidder should also educate himself regarding the possible application of3% Federal Communications Excise Tax to this bid. Brookings Municipal Utilities (BMU) and Swiftel Communications are exempt from paying taxes on materials-only purchases due to municipal-exemption status; and, also, may be exempt if purchasing materials for resale (some inventory items). We are liable for taxes (Contractors Excise Tax, SD state Use Tax on materials) line-itemed on an installation invoice; these are taxes imposed on the contractor, not Swiftel, and are legally recoverable through line-items on the contractor's invoice. Brookings Municipal Utilities (BMU) is not a qualifying utility for SD Contractors Excise Tax (CET) application. This includes our electric, water and wastewater enterprises. Swiftel Communications, as our telecom enterprise, continues to be a qualifying utility for SD CET application. 40f6

PROPOSAL TO: Brookings Municipal Utilities (BMU), (hereinafter called the "Owner"). The undersigned (hereinafter called the "Bidder") hereby proposes to furnish and deliver the equipment (hereinafter called the "Equipment") described in the specifications attached hereto and made a part hereof for the following prices: Bids will awarded per ITEM. ITEM 1: ALUMINUM STREET LIGHT POLES QUANTITY UNIT COST TOTAL LITERATURE INCLUDED 80 $---- $---- Poles must be received and invoiced to Brookings Municipal Utilities no later than December 1, 2012. Shipment will be made weeks after execution of the contract. The price of service, labor and/or equipment set forth herein shall include any amounts which are or may be payable by the Bidder or the Owner on account of taxes imposed by any taxing authority upon the sale, purchase or use of the service, labor and/or equipment. The prices of the equipment set forth herein shall be the cost of delivery F.O.B., Brookings Municipal Utilities, 525 Western Avenue, Brookings, South Dakota. The Proposal is made pursuant to the provisions of the Information to the Bidders and the Bidder agrees to the terms and conditions thereof. The Bidder warrants that this proposal is made in good faith and without collusion or connection with any other person or persons bidding for the same work. The Bidder agrees that, in the event this proposal is accepted, he will execute a contract in the form agreeable to the Owner or Bidder. If, in submitting this proposal, the Bidder has made any change in the form of Proposal furnished by the Owner, the Bidder understands that the Owner may evaluate the effect of such changes as they see fit or that they may exclude the proposal from consideration in determining the award of the Contract. Name of Bidder BY: Address ofbiddcr City, State and Zip DATE: Title of Officer _ 50f6

SPECIFICATIONS FOR ALUMINUM STREET LIGHT POLES ITEM I: Contractor or supplier shall furnish and deliver Eighty (80) direct bury aluminum street light standards, F.O.B. Brookings Utilities, Brookings, S.D., meeting the following specifications: Color: Black. Overall Length: 25' Nominal Mounting Height: 21' Burial Depth: 4' Hand Hole Location: 6'- 8' up from base Hand Hole Size: Approximately 4" x 6" minimum, furnished with cover. Wire Entry Location: 30" up from base, 1.5" in diameter. Pole Cap: Furnished with each pole Mast Ann: Factory drilled and supplied with each pole 4' in length with a 15" raise from mounting hole to fixture. All mounting hardware is to be furnished. A factory drilled wiring channel shall be installed at the mounting end of the mast arm. All poles to meet wind loads of 80 mph. minimum with a 1.3 gust factor. Deflection not to exceed 6" at 35 mph. Static deflection not to exceed 1% of free height of pole. Maximum deflection not to exceed 30". Material furnished under this spec shall be the standard product of the manufacturer. All bids to be furnished with literature of the product being bid. *Contact Person: (])a{ehenderschiedt Electric Construction Supervisor Brookings Municipal Utilities Brookings S.D 57006 (605) 692-6325 dhenderschiedt@swiftel-bmu.com 60f6