25kV Circuit Breakers.pdf

PDF 2 MB Posted May 28, 2026

Attached to: 25kV Circuit Breakers for City of Wilson
Solicitation number: 2526-39
Issued by: Watauga County, North Carolina

About this file

Written by GovTribe AI · Jun 3, 2026

This is a request for proposal (RFP) and bid document issued by the City of Wilson, North Carolina, for the procurement of four (4) outdoor power vacuum circuit breakers rated at 25 kV nominal, 25,000-ampere interrupting capacity, 60 Hertz, and 1,200-ampere continuous current. The specifications require that all equipment be new, manufactured in the United States or Mexico, and suitable for outdoor operation as a dead tank, three-pole, single throw unit meeting ANSI/IEEE C37.04 and C37.06 standards. Sealed proposals must be submitted to Booth & Associates, LLC (the consulting engineer) on or before 2:00 PM local time on Wednesday, June 3, 2026. The specifications require submission of preliminary drawings for approval before fabrication, with delivery schedules to be proposed by bidders in their bid submission. The Owner reserves the right to select any combination of alternate schedules and to reject any or all bids, with award to be made based on the lowest acceptable bid or the bid representing the best value to the City, considering factors including equipment delivery time, adherence to specifications, equipment suitability, and the bidder's intended method of shipment.

All bids must be accompanied by a bid security deposit or bid bond equal to five percent (5%) of the total bid amount, which will be retained as liquidated damages if the successful bidder fails to execute a purchase order within ten days of award. Payment will be made in a lump sum after delivery and verification that equipment meets specifications, with payment due within thirty days of receipt of a correct invoice or acceptance of goods, whichever is later. A ten percent (10%) retainage will be held on invoices until all equipment, instruction books, and certified test reports are approved and accepted by the Owner and Engineer, with the Owner reserving the right to hold retainage for up to ninety days. The City is subject to North Carolina sales tax and is not exempt from local or state taxes. Bidders must provide proof of required insurance coverage (workers' compensation, commercial general liability, and automobile liability) upon contract award, comply with E-Verify requirements, and certify non-debarment status and Iran Divestment Act compliance. The contract includes a one-year warranty from date of energization or eighteen months from date of delivery, whichever applies, and liquidated damages of five hundred dollars ($500.00) per day for each day in excess of the proposed delivery date.

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CITY OF WILSON

WILSON, NORTH CAROLINA

SPECIFICATIONS AND BID DOCUMENTS FOR

25 kV CIRCUIT BREAKERS FOR THE

ISSUED FOR BID

Booth & Associates, LLC Consulting Engineers 2300 Rexwoods Drive, Suite 300 Raleigh, North Carolina 27607 Firm License No. F-0221

SEAL

055840

E NG I N E ERBRANDON DOUGLAS

NORTH CAROL I NA

OFESS IONAL

05/22/2026

TABLE OF CONTENTS

REQUEST FOR PROPOSAL

Notice to Prospective Bidders ............................................................................................................ N-1 Definitions.......................................................................................................................................... D-1 Instructions to Bidders ....................................................................................................................... IB-1 General Conditions ............................................................................................................................ GC-1 City of Wilson General Terms and Conditions ................................................................................. T&C-1

FORM OF PROPOSAL

Terms and Conditions ........................................................................................................................ P-2 Bid Schedule .................................................................................................................................... P-6 Affidavit of Bidder ............................................................................................................................. P-7 Debarment Certification ..................................................................................................................... P-8 Lobbying Certification ....................................................................................................................... P-10 Form of Exceptions ............................................................................................................................ P-11 Bid Bond............................................................................................................................................. P-12 Addenda / Clarifications / Bulletins ................................................................................................... P-13

TECHNICAL SPECIFICATIONS

1.0 Scope ..................................................................................................................................... S-1

2.0 General Conditions ............................................................................................................... S-1

3.0 Special Conditions ................................................................................................................ S-1

4.0 Standards ............................................................................................................................... S-2

5.0 Drawings and Documentation ............................................................................................... S-2

6.0 Manufacturer's Field Representative ..................................................................................... S-4

7.0 Power Circuit Breaker........................................................................................................... S-4

APPENDICES

1. Breaker Data Sheet

REQUEST FOR PROPOSAL

NOTICE TO PROSPECTIVE BIDDERS

Sealed Proposals for the furnishing and delivery of all materials and equipment (except materials and equipment specified to be furnished by the Owner) complete and conforming to the bid documents for four

(4) 25 kV circuit breaker for the City of Wilson, as set forth in the Bid Schedules, will be received by City Of Wilson of Wilson, North Carolina (hereinafter referred to as the Owner) at the offices of their Consulting Engineer, Booth & Associates, LLC, 2300 Rexwoods Drive, Suite 300, Raleigh, North Carolina 27607, on or before 2:00 PM, Local Time, Wednesday, June 3, 2026, at which time the Proposals will be opened and read. Any Proposal received subsequent to that time will be promptly returned to the Bidder unopened.

The Specifications, together with all necessary forms and other documents for the Bidder, may be obtained from the Owner's Engineer, Booth & Associates, LLC, 2300 Rexwoods Drive, Suite 300, Raleigh, North Carolina 27607 to the attention of the contact on the attached Data Sheet.

Proposals and all supporting instruments must be submitted on and in the format of the forms furnished in the Form of Proposal of these bid documents and must be delivered in a sealed envelope addressed to the Owner's Engineer, Booth & Associates, LLC Proposals must be filled in with indelible ink. No alterations or interlineations will be permitted unless made before submission and initialed and dated.

Prior to the submission of the Proposal, the Bidder shall make and shall be deemed to have made a careful examination of the bid documents on file with the Owner and with the Engineer and of all other matters that may affect the cost and the time of the work.

The name and address of the Bidder, its license number (if a license is required by the State), and the following description must appear on the envelope in with the Proposal is submitted:

"BID FOR 25 KV CIRCUIT BREAKERS

FOR CITY OF WILSON

NOT TO BE OPENED UNTIL

2:00 PM, LOCAL TIME, WEDNESDAY, JUNE 3, 2026"

Each Proposal shall be accompanied by cash, cashier’s check, or certified check drawn on a bank insured with the Federal Deposit Insurance, payable to the Owner, in an amount not less than five percent (5%) of the total bid as a guarantee that a Purchase Order, if awarded, will be accepted. In lieu thereof, a Bid Bond may be submitted by the Bidder in an amount not less than five percent (5%) of the total bid (see attached Bid Bond form). The total bid price for which the five percent (5%) applies shall be the total of all schedules.

The City reserves the rights to (1) waive minor irregularities or minor errors in any Proposal if it appears to the City that such irregularities or errors were made through inadvertence. Any such irregularities or errors so waived must be corrected on the Proposal prior to its acceptance by the City; (2) reject any or all Proposals and to hold any or all Proposals for a period of sixty (60) days from the date of opening thereof;

(3) accept the bid, in its opinion, that represents the best value for the City, regardless of whether such bid is the lowest price; and (4) award Contracts to Bidder(s) for any Schedule(s) individually or collectively from the Bid Schedules.

By: Ricky Wilson Date:

Purchasing Manager

DEFINITIONS

Whenever the following terms or pronoun in place of them are used in these Instructions to Bidders, Form of Proposal, Technical Specifications, "Purchase Order", bond, etc., the intent and meaning shall be interpreted as follows:

Owner City of Wilson Wilson, North Carolina

Purchasing Manager Ricky Wilson; or his authorized assistant

Consulting Engineer Booth & Associates, LLC

Observer An authorized representative of the Owner assigned to make any or all necessary observations of work performed and equipment and/or apparatus furnished by the Bidder.

Bidder Any individual, firm, or corporation submitting a Proposal for the work contemplated, acting directly or through a duly authorized representative; or party of the second part of the Purchase Order, acting directly or through a duly authorized representative.

Subcontractor An individual, firm, or corporation who contracts with the Bidder to perform part of the latter's Purchase Order.

Surety The body, corporate or individual, approved by the Owner, which is bound with and for the Bidder who is primarily liable, and which engages to be responsible for his acceptable performance of the work for which he has contracted.

Form of Proposal, Proposal The approved, prepared form on which the Bidder is to submit or has submitted his Proposal for the work contemplated.

Bid Security

To all bids there shall be attached cash, cashier's check, or certified check from the Bidder upon a bank or trust company insured by the Federal Deposit Insurance Corporation, or in lieu thereof, a Bid Bond.

Plans, Drawings All Drawings or reproductions of Drawings pertaining to the construction under the Purchase Order.

Technical Specifications The directions, provisions, and requirements contained herein pertaining to the method and manner of performing the work or to the quantities and qualities of materials to be furnished under the Purchase Order.

Purchase Order The agreement covering the furnishing of equipment and/or apparatus and the performance of the work. The Purchase Order shall include the Instructions to Bidders, General Conditions, Form of Proposal, "Plans", Technical Specifications, and Acknowledgments.

Performance Bond

The approved form of security to be approved by the Owner furnished by the Bidder and his Surety as a guarantee of good faith on the part of the Bidder to accept the work in accordance with the terms of the Specifications and Purchase Order.

Payment Bond

The approved form of security to be approved by the Owner furnished by the Bidder and his Surety as a guarantee for payment of all Subcontractors on the part of the Bidder in acceptance of the work in accordance with the terms of the Specifications and Purchase Order.

Work The performance of the project covered by the Specifications or the furnishing of labor, machinery, equipment, tools, or any other article or item being purchased by the Owner.

Emergency A temporary unforeseen occurrence or combination of circumstances which endangers life and property and calls for immediate action or remedy.

Work at Site of Project Work to be performed, including work normally done on the location of the project.

Bid Documents Include all sections of the Request for Bids, Form of Proposal, Technical Specifications and Appendices, Addendum/Clarifications/ Bulletins, and Drawings.

The subheadings in these Specifications are intended for convenience or reference only and shall not be considered as having any bearing on the interpretations thereof.

INSTRUCTIONS TO BIDDERS

1.0 Bidder Qualification

1.1 Bids will be accepted only from Bidders deemed by the Owner or the Engineer to be qualified to provide the materials, equipment, and services described by these Specifications. The experience of Bidders in providing the same or similar materials, equipment, and services will be a major factor in determining qualification. The Bidder shall include information to establish qualifications.

1.2 Prospective Bidders who wish to submit a bid, but are not presently qualified, may receive consideration by submitting a completed Bidder's Qualification Form, which requires product line and user list, to the Engineer at least ten (10) days prior to the specified bid opening date and time. The Bidder's Qualification Form may be obtained from the Engineer.

2.0 Proposals

2.1 To warrant consideration, Proposals must comply with these instructions. Strict adherence to these Specifications and Drawings is requested to facilitate review and consideration of the Proposal.

2.2 Bids not received on Booth & Associates, LLC Form of Proposal contained herein will be considered unresponsive. The forms shall be filled out complete; any omissions may cause the entire Proposal to be rejected.

2.3 Proposals must be made on the Form of Proposal provided herein and must not be altered, erased, or interlined in any manner. The Bidder shall fill in the Form of Proposal as detailed in the Terms and Conditions. The Bidder may retain one (1) copy, but the original, fully executed, must be inserted in or attached to the bid documents. Also, one (1) additional copy of all executed forms and supporting information shall be supplied.

2.4 The Bidder shall furnish certain information, as required by the bid documents regarding the equipment on which he is bidding. Two (2) copies of the information, together with the Manufacturer's literature setting forth the guarantees and describing the equipment on which he is bidding shall be included as part of the Proposal. If one (1) Manufacturer is bidding through two or more agents or representatives, descriptive literature, guarantees, etc., may be submitted in duplicate in one sealed envelope, which will be considered and treated as though it contained a sealed bid. This envelope shall contain a list of the names of Bidders to whom the information applies. Each sealed bid Proposal without this information shall state the name of the Manufacturer who is furnishing the information. Additional sets of the Specifications may be obtained upon a payment of Fifty Dollars ($50.00) non-refundable deposit by approved Bidders.

2.5 Bids may be modified by the Bidder's removal of his original and the submittal of a completely revised bid package in full compliance with the bid documents if received prior to the time of opening bids and if included in the public reading of such bids. No oral or telephonic Proposals will be considered.

2.6 Proposals shall include a Form of Exceptions utilizing forms provided which shall itemize each and every exception from the bid documents. The Form of Exceptions shall state the section, subsection, and paragraph designations from the part of the Specifications to which exception is taken and explain in detail the nature of the exception. A copy of this Form of Exceptions is included in the Form of Proposal. Exceptions will not necessarily eliminate a Bidder from consideration, even if bids without exceptions are received from others. The treatment of exceptions will be based entirely on the overall best interests of the Owner.

Certain exceptions (e.g., failure to provide rigging and unloading at the site, or failure to properly provide field assembly supervision on testing) may result in the entire bid Proposal being rejected.

2.7 Should the Bidder find discrepancies in the documents or fail to understand their meaning, he shall immediately notify the Engineer, who will send written instructions to all Bidders.

Neither the Owner nor the Engineer will be responsible for any oral instructions.

2.8 The Bidder shall be the Manufacturer of the equipment, or the Bidder shall submit with the Form of Proposal a notarized statement that the Bidder is authorized by the Manufacturer to tender the Proposal as submitted and that the Manufacturer will guarantee the suitability and adequacy of the equipment proposed, and will be bound by the Specifications, as though the Manufacturer had submitted the Proposal.

2.9 In the event that the Bidder proposes any change or deviation from the Engineer's Plans and Specifications, such Proposal changes or deviations must be submitted at the time bids are opened. The Owner reserves the right to reject any such proposed changes or deviations. All exceptions must be stated on the Form of Exceptions. Failure to submit a Form of Exceptions will imply strict adherence to the Plans and Specifications.

2.10 No bid Proposal may be withdrawn after the scheduled closing time for the receipt of bids for a period of ninety (90) days pending the Purchase Order by the successful Bidder. Should the successful Bidder default and not accept a Purchase Order, then the Purchase Order may be offered to the next lowest responsible Bidder whose Proposal is evaluated as acceptable.

2.11 Prior to submission of the Proposal, the Bidder shall make and shall be deemed to have made a careful examination of the Plans and Specifications on file with the Owner and with the Engineer and all other matters that may affect the cost and the time of completion of the work.

2.12 The Purchase Order, when accepted, shall be deemed to include the Specifications for the equipment, and the Bidder shall not claim any modification thereof resulting from any representative or promise made at any time by an officer, agent, or employee of the Owner or by any other person.

2.13 The Owner reserves the right to accept any schedule, combination of schedules, or any portion of a schedule.

3.0 Bid Security

3.1 Each Proposal shall be accompanied by a cash deposit, cashier's check, or certified check drawn on a bank or trust company insured by the Federal Deposit Insurance Corporation or Savings Association Insurance Fund, or a Bid Bond in an amount not less than five percent (5%) of the Proposal. The Owner will retain said deposit as Liquidated Damages in the event of failure of the successful Bidder to execute the Purchase Order within ten (10) days after the award.

3.2 Bid Bond shall be conditioned that the Surety will, upon demand, forthwith make payment to the Obligee upon said Bond if the Bidder fails to accept a Purchase Order in accordance with the Bid Bond, and that upon failure to forthwith make payment, the Surety shall pay to the Obligee an amount equal to double the amount of said Bond.

3.3 Only one (1) Bid Bond is required, the amount of which shall be based on the total amount of the bid. The value for the Bid Bond shall be based on the Bid Schedule of maximum total amount.

4.0 Performance Bond/Payment Bond

A Performance Bond/Payment Bond is not required for this project.

5.0 Bulletins and Addenda

Any bulletins or addenda to the Specifications issued during the time of bidding are to be considered covered in the Proposal, and in accepting a Purchase Order, they will become a part thereof. Receipt of addenda shall be acknowledged by the Bidder on the Form of Proposal.

6.0 Shipment and Delivery

6.1 The Power Circuit Breaker shall be shipped to the site with unloading by the Owner, as outlined in the Instructions to Bidders. Assembly of any component parts removed for shipment and field testing of the unit will be performed by the Owner. The Manufacturer’s Field Service Engineer shall supervise the assembly and test unit in accordance with the Manufacturer’s recommendations under a separate line item in the Proposal.

6.2 Units are to be shipped utilizing an open-top truck to facilitate unloading with a crane or fork truck. Units are to be shipped direct from the manufacturing site, with no intermediate transfers. Shipping with the Manufacturer’s own trucks is preferred.

6.3 Before shipment, power circuit breaker shall be completely assembled to determine that all parts fit properly. Parts removed for shipment shall be marked so as to permit easy identification when reassembling.

6.4 Method of packing and loading shall be such as to protect all parts from dampness, corrosion, breakage, or vibration injury that might reasonably be encountered in transportation, storage and handling.

6.5 Release for shipment is to be granted by the Owner or the Engineer based upon the Manufacturer's compliance with the following:

6.5.1 Fourteen (14) consecutive days prior notification of tests so the Owner may have a representative present for witness of the tests.

6.5.2 Furnishing of the requisite number of copies of the Final Drawings as called for in the Specifications.

6.5.3 Coordination of manufacturing and delivery with Owner’s construction schedule as may be noted in these Specifications.

6.5.4 Thirty (30) days notification of tentative shipping schedule and forty-eight (48) hours notification prior to all deliveries.

6.6 Delivery of all items of equipment shall be made at such time as to permit unloading between the hours of 9:00 a.m. and 3:00 p.m., Monday through Thursday, holidays excluded. The Owner will furnish escort to the City of Wilson site. Ultimate delivery shall be at the discretion of the Owner.

7.0 Award of Purchase Order

7.1 The issue of a Purchase Order will be made to the lowest acceptable Bidder as soon as practical, provided that in the selection of materials and equipment a Purchase Order may be awarded to a responsible Bidder other than the lowest in the interest of standardization, or ultimate economy if the advantage of such standardization or ultimate economy is clearly evident. The Owner reserves the right to reject any and all bids.

7.2 The Owner reserves the right to waive minor irregularities or minor errors in any Proposal if it appears to the Owner that such irregularities or errors were made through inadvertence. The Owner must correct any such irregularities or errors so waived on the Proposal prior to its acceptance.

7.3 In estimating the lowest cost to the Owner as one of the factors in deciding the award of the Purchase Order, the Owner will consider, in addition to the prices quoted in the Proposal, the following:

a. Equipment delivery (days),

b. Adherence to the Plans and Technical Specifications,

c. Evaluation of equipment suitability to the system as noted and submitted by the Bidder

d. The Bidder’s intended method of shipment of the materials and equipment

8.0 Approval Drawings

Receipt of "Approval Drawings" by the Bidder constitutes authorization for manufacture predicated upon the Drawings and corrections found thereon. After the return of Approval Drawings, release for

shipment is to be granted by either the Owner or its Engineer, based upon the Manufacturer's compliance with the following:

8.1 Furnishing of the requested number of copies of the Final Drawings as called for in the Specifications.

8.2 Thirty (30) days notification of tentative shipping schedule and forty-eight (48) hours notification prior to delivery.

8.3 Coordination of manufacturing and delivery with the Owner’s construction schedule.

9.0 Payment

9.1 Payment by the Owner to the successful Bidder shall be made in a lump sum after delivery and it has been verified that the equipment meets the Specifications. Compliance to Specifications shall be verified within ninety (90) days of the date of delivery.

9.2 Invoices shall be submitted in triplicate to the Engineer for review and approval. The address for submittal of all invoices is: Booth & Associates, LLC, 2300 Rexwoods Drive, Suite 300 Raleigh, NC 27607, to the attention of the contact on the attached Data Sheet.

9.3 There shall be a ten percent (10%) retainage on invoices until all equipment, with proper instruction books per Specifications, and certified test reports have been approved and accepted by the Owner and the Engineer. The Owner reserves the right to hold this retainage for a period of up to ninety (90) days without penalty to verify completeness of delivery. A ten percent (10%) Performance Bond may be provided in lieu of retainage provisions. Deviation from the foregoing payment provisions will be considered less than responsive.

GENERAL CONDITIONS

1.0 Drawings and Specifications

The Drawings and Specifications are complementary, one to the other. That which is shown on the Drawings or called for in the Specifications shall be as binding as if it were both called for and shown.

The intention of the Drawings and Specifications is to include all labor, materials, transportation, equipment, and any and all other things necessary to do a complete job, which may include manufactured items and field service assistance. In case of discrepancy or disagreement in the Purchase Order, the order of precedence shall be: Purchase Order, Specifications, Drawings.

2.0 Clarifications and Detail Drawings

In such cases where the nature of the work requires clarification by the Engineer, such clarification shall be furnished by the Engineer with reasonable promptness by means of written instructions or Detail Drawings or both. Clarifications and Drawings shall be consistent with the intent of bid documents and shall become a part thereof.

3.0 Copies of Drawings and Specifications

The Engineer will furnish free of charge to the Bidder one (1) copy of the Drawings and Specifications.

Additional sets of these Specifications may be obtained upon request and a non-refundable deposit of Fifty Dollars ($50.00) by approved Bidders.

4.0 Ownership of Drawings and Specifications

All Drawings and Specifications are instruments of service and remain the property of the Engineer whose name appears thereon. The use of these instruments on work other than these bid documents without permission is prohibited. All copies of Drawings and Specifications other than final copies shall be returned to the Engineer upon request after completion of the work.

5.0 Royalties, Licenses, and Patents

It is the intention of the bid documents that the work covered herein will not constitute in any way an infringement on patents. The Bidder shall protect and save harmless the Owner against suit on account of alleged or actual infringement. The Bidder shall pay all royalties and/or license fees required on account of patented articles or processes, whether or not the patent rights are evidenced hereinafter.

6.0 Uncorrected Faulty Work

The Bidder shall be notified of faulty or damaged work and shall have the option to respond in a reasonable period of time. Should the correction of faulty or damaged work be considered inadvisable or inexpedient by the Owner or the Engineer, the Owner shall be reimbursed by the Bidder for the same by a deduction in the Purchase Order prices arrived at by a fair estimate of the probable cost of correction, approved by the Engineer.

7.0 Liquidated Damages

The Bidder shall commence manufacture upon issuance of a Purchase Order from the Owner and shall fully complete delivery as per the Delivery Schedule in the Form of Proposal. For each day in excess of the proposed dates, the Bidder shall be the Owner the sum of five hundred dollars ($500.00) as Liquidated Damages (and not as a penalty), reasonably estimated in advance to cover the losses to be incurred by the Owner by reason of failure of said Bidder to complete delivery within the time specified, such time being in the essence of this Purchase Order and material consideration thereof.

8.0 Delays and Extension of Time

8.1 The time to be allowed for delivery is stated in the Form of Proposal. The Bidder, upon notice of award of the Purchase Order, shall prepare a Delivery Schedule based on the allowed time and submit such schedule to the Engineer for approval.

8.2 If Bidder is delayed at any time in the progress of the work by any act of negligence by the Owner or the Engineer, by any separate Bidder employed by the Owner, or by changes ordered in the work, then the time of completion shall be extended for such reasonable time as the Engineer may decide.

8.3 No extension of time for completion will be made for ordinary delays and accidents.

Extensions may be granted for delays ordered by the Engineer if the request has been made in writing within forty-eight (48) hours after the order to cease work has been given.

9.0 Assignments

The Bidder shall not assign any portion of this Purchase Order nor subcontract in its entirety except as fully explained in the Form of Proposal and accepted by the Owner. No funds or sums of money due or to become due to the Bidder under this Purchase Order may be assigned.

10.0 Guarantee

The Bidder shall guarantee his materials and workmanship against defect due to faulty materials, faulty workmanship, or negligence for a period of one (1) full year from date of energization and/or eighteen

(18) months from date of delivery, whichever applies. He shall make good such defective materials or workmanship and any damages resulting therefrom without cost to the Owner. Each class of equipment shall carry a full one (1) year warranty against defects from the date of energization.

11.0 Change In Drawings and/or Specifications

The Owner, or the Engineer on behalf of the Owner, may make changes to Drawings and/or Specifications after award of the Purchase Order or while fabrication is in progress. The compensation for such changes shall be agreed upon in writing between the Bidder and the Owner prior to commencement of work involving the change. No payment shall be made to the Bidder for correcting work not in compliance with Specifications.

12.0 Insurance

The Bidder shall maintain Workmen's Compensation Insurance and Liability Insurance appropriate for the level of exposure involved in the Purchase Order. The Bidder shall furnish certification of the appropriate insurance

13.0 Equal Employment Opportunity

During the performance of this work, the Bidder agrees as follows:

13.1 The Bidder will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, political affiliation or belief, age, or physical handicap. The Bidder will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to race, color, religion, sex, national origin, political affiliation or belief, age, or physical handicap. Such action shall include but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. The Bidder agrees to post in conspicuous places available to employees and applicants for employment notices setting forth the provisions of the nondiscrimination clause.

13.2 The Bidder, in all solicitations or advertisements for employees placed by or on behalf of the Bidder, will state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, political affiliation or belief, age, or physical handicap.

13.3 The Bidder will send to each labor union or representative of workers with which he has a collective bargaining agreement or other Purchase Order or understanding, a notice advising the labor union or workers' representative of the Bidder's commitments under the Equal Employment Opportunity Section of this Specification and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

13.4 In the event of the Bidder's noncompliance with the nondiscrimination clauses of this Specification or with any of such rules, regulations, or orders, the Purchase Order may be canceled, terminated, or suspended in whole or in part and the Bidder may be declared ineligible for further Owner contracts.

13.5 The Bidder will include the provisions of this section in every Subcontract or Purchase Order unless exempted by rules, regulations, or orders of the Owner, so that such provisions will be binding upon each Subcontractor.

14.0 Indemnification

The Bidder shall hold harmless and indemnify the Owner, 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 Owner, its agents, or employees based upon a claim that the 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, Owner may do so, and the Bidder shall make reimbursement for the expense of such litigation. If the 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 Owner 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 non-infringing materials and equipment.

TERMS AND CONDITIONS – CITY OF WILSON, NORTH CAROLINA

1. DEFAULT: In case of default by the contractor, the City of Wilson may procure the articles or services from other sources and hold the contractor responsible for any excess cost occasioned thereby.

2. BID BOND/DEPOSIT: No proposal shall be considered or accepted by the City of Wilson unless, at the time of its filing, the proposal shall be accompanied by a deposit with the City of Wilson of cash, a cashier’s check or a certified check on a bank or trust company insured by the Federal Deposit Insurance Corporation in an amount equal to but not less than five percent (5%) of the proposal. In lieu of making the cash deposit, as provided above, bidders may file a Bid Bond executed by a corporate surety licensed under the laws of North Carolina to execute the contract in accordance with the bid bond. This deposit shall be retained by the City of Wilson if the successful bidder fails to execute the contract within ten (10) days after the award or fails to give satisfactory surety as required. Bid bond shall be enclosed in a separate sealed envelope with “Bid Bond” printed on the envelope.

3. PERFORMANCE AND PAYMENT BONDS: Performance and Payment Bonds, issued in accordance with Article 3 of Chapter 44A of the General Statutes, each having a penal sum in the full amount of the contract sum, will be required on such contract(s) as may be awarded. This will be required of contractor after award is made.

4. GOVERNMENTAL RESTRICTIONS: In the event any Governmental restrictions are imposed which necessitate alternation of the material, quality, workmanship or performance of the items prior to delivery, it shall be the responsibility of the contractor to notify, in writing, the issuing purchasing office at once, indicating the specific regulation, which required such alternations. The City of Wilson reserves the right to accept any such alternations, including any price adjustments occasioned thereby, or to cancel the contract.

5. AVAILABILITY OF FUNDS: Any and all payments to the contractor are dependent upon and subject to the availability of funds to the City for the purpose set forth in this agreement.

6. TAXES: Any applicable taxes shall be invoiced as a separate item. The City is not exempt from local or North Carolina sales tax.

7. SITUS AND GOVERNING LAWS: This Contract is made under and shall be governed and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of laws rules, and within which state all matters, whether sounding in Contract or tort or otherwise, relating to its validity, construction, interpretation and enforcement shall be determined.

8. PAYMENT TERMS: Payment terms are Net not later than 30 days after receipt of a correct invoice or acceptance of goods, whichever is later. Invoices are preferred by the City to be sent by e-mail to cowaccts@wilsonnc.org

9. NON-DISCRIMINATION:

a. The Vendor will take necessary action to comply with all Federal and State requirements concerning fair employment and employment of people with disabilities, and concerning the treatment of all employees without regard to discrimination on the basis of any prohibited grounds as defined by Federal and State law.

b. The vendor will take necessary action to ensure its internal employee policies and procedures are consistent with Executive Order #82 (Roy Cooper, December 6, 2018), which extends workplace protections and accommodations to pregnant employees.

10. CONDITION AND PACKAGING: Unless otherwise provided by special terms and conditions or specifications, it is understood and agreed that any item offered or shipped has not been sold or used for any purpose and shall be in first class condition. All containers/packaging shall be suitable for handling, storage or shipment.

11. INTELLECTUAL PROPERTY WARRANTY AND INDEMNITY: Vendor shall hold and save the City, its officers, agents and employees, harmless from liability of any kind, including costs and expenses resulting from infringement of the rights of any third party in any copyrighted material, patented or patent-pending invention, article, device or appliance delivered in connection with The Contract.

12. TERMINATION FOR CONVENIENCE: If this contract contemplates deliveries or performance over a period of time, the City may terminate this contract at any time by providing 60 days’ notice in writing from the City to the Vendor. In that event, any or all finished or unfinished deliverables prepared by the Vendor under this contract shall, at the option of the City, become its property. If the contract is terminated by the City as provided in this section, the City shall pay for those items for which such option is exercised, less any payment or compensation previously made.

13. ADVERTISING: Vendor agrees not to use the existence of The Contract or the name of the City as part of any commercial advertising or marketing of products or Services. A Vendor may inquire whether the City is willing to act as a reference by providing factual information directly to other prospective customers.

14. ACCESS TO PERSONS AND RECORDS: An independent auditor shall have access to persons and records as a result of all contracts or grants entered into by the City of Wilson in accordance with General Statute 147-64.7.

15. ASSIGNMENT: No assignment of the Vendor’s obligations nor the Vendor’s right to receive payment hereunder shall be permitted. However, upon written request approved by the issuing purchasing authority and solely as a convenience to the Vendor, the City may:

a) Forward the Contractor’s payment check directly to any person or entity designated by the Contractor, and

b) Include any person or entity designated by Vendor as a joint payee on the Contractor’s payment check.

In no event shall such approval and action obligate the City to anyone other than the contractor and the contractor shall remain responsible for fulfillment of all Contract obligations.

16. INSURANCE: *A copy of Contractors Insurance Certificate is required to be submitted upon award.*

COVERAGE - During the term of the Contract, the Vendor at its sole cost and expense shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Contract. As a minimum, the Vendor shall provide and maintain the following coverage and limits:

a) Worker’s Compensation - The Vendor shall provide and maintain Worker’s Compensation Insurance, as required by the laws of North Carolina, as well as employer’s liability coverage with minimum limits of $500,000.00, covering all of Vendor’s employees who are engaged in any work under the Contract in North Carolina. If any work is sub-contracted, the Vendor shall require the sub- Contractor to provide the same coverage for any of his employees engaged in any work under the Contract within the State.

b) Commercial General Liability - General Liability Coverage on a Comprehensive Broad Form on an occurrence basis in the minimum amount of $1,000,000.00 Combined Single Limit. Defense cost shall be in excess of the limit of liability.

c) Automobile - Automobile Liability Insurance, to include liability coverage, covering all owned, hired and non-owned vehicles, used within North Carolina in connection with the Contract. The minimum combined single limit shall be $250,000.00 bodily injury and property damage; $250,000.00 uninsured/under insured motorist; and $2,500.00 medical payment.

REQUIREMENTS - Providing and maintaining adequate insurance coverage is a material obligation of the Vendor and is of the essence of The Contract. All such insurance shall meet all laws of the State of North Carolina. Such insurance coverage shall be obtained from companies that are authorized to provide such coverage and that are authorized by the Commissioner of Insurance to do business in North Carolina. The Vendor shall at all times comply with the terms of such insurance policies, and all requirements of the insurer under any such insurance policies, except as they may conflict with existing North Carolina laws or The Contract. The limits of coverage under each insurance policy maintained by the Vendor shall not be interpreted as limiting the Vendor’s liability and obligations under the Contract.

17. GENERAL INDEMNITY: The Vendor shall hold and save the City, its officers, agents, and

© 2026 T&C-3 employees, harmless from liability of any kind, including all claims and losses accruing or resulting to any other person, firm, or corporation furnishing or supplying work, Services, materials, or supplies in connection with the performance of The Contract, and from any and all claims and losses accruing or resulting to any person, firm, or corporation that may be injured or damaged by the Vendor in the performance of The Contract and that are attributable to the negligence or intentionally tortious acts of the Vendor provided that the Vendor is notified in writing within 30 days from the date that the City has knowledge of such claims. The Vendor represents and warrants that it shall make no claim of any kind or nature against the City’s agents who are involved in the delivery or processing of Vendor deliverables or Services to the City. The representation and warranty in the preceding sentence shall survive the termination or expiration of The Contract.

18. CONFIDENTIALITY: Any City information, data, instruments, documents, studies or reports given to or prepared or assembled by or provided to the Vendor under The Contract shall be kept as confidential, used only for the purpose(s) required to perform The Contract and not divulged or made available to any individual or organization without the prior written approval of the City.

19. COMPLIANCE WITH LAWS: Vendor shall comply with all laws, ordinances, codes, rules, regulations, and licensing requirements that are applicable to the conduct of its business and its performance in accordance with The Contract, including those of federal, state, and local agencies having jurisdiction and/or authority.

20. ENTIRE AGREEMENT: This document and any others incorporated specifically by reference represent the entire agreement between the parties and supersede all prior oral or written statements or agreements. This document, any addenda hereto, and the Vendor’s proposal are incorporated herein by reference as though set forth verbatim. All promises, requirements, terms, conditions, provisions, representations, guarantees, and warranties contained herein shall survive the contract expiration or termination date unless specifically provided otherwise herein, or unless superseded by applicable Federal or State statutes of limitation.

21. AMENDMENTS: This Contract may be amended only by a written amendment duly executed by the City and the Vendor.

22. FORCE MAJEURE: Neither party shall be deemed to be in default of its obligations hereunder if and so long as it is prevented from performing such obligations as a result of events beyond its reasonable control, including without limitation, fire, power failures, any act of war, hostile foreign action, nuclear explosion, riot, strikes or failures or refusals to perform under subcontracts, civil insurrection, earthquake, hurricane, tornado, or other catastrophic natural event or act of God.

23. SOVEREIGN IMMUNITY: Notwithstanding any other term or provision in The Contract, nothing herein is intended nor shall be interpreted as waiving any claim or defense based on the principle of sovereign immunity or other state or federal constitutional provision or principle that otherwise would be available to the City under applicable law.

24. E-VERIFY: Contractor understands that E-Verify is 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 of authorization of newly hired employees pursuant to federal law in accordance with NCGS 64-25 et seq. Contractor is aware of and in compliance with the requirements of E-Verify and Article 2 of Chapter 64 of the North Carolina General Statutes. To the best of Contractor’s knowledge, any subcontractors employed by it as a part of this contract are in compliance with the requirements of E-Verify and Article 2 of Chapter 64 of the North Carolina General Statue.

25. IRAN DIVESTMENT ACT CERTIFICATION: Contractor certifies that, as of the date listed (2017), it is not on the Final Divestment List as created by the State Treasurer pursuant to N.C.G.S. Chapter 147 Article 6E. In compliance with the requirements of the Iran Divestment Act and N.C.G.S. Chapter 147 Article 6E, Contractor shall not utilize in the performance of the contract any subcontractor that is identified on the Final Divestment List.

26. EVALUATION OF BID: All qualified proposals/bids will be evaluated and award made to the firm(s) whose proposal/bid is deemed to be in the best interest of the City of Wilson, all factors considered.

The City of Wilson reserves the right to reject any and all offers if determined in its best interest.

27. BID/PROPOSAL PUBLIC RECORD: All proposals/bids received become the property of the City of Wilson and information included therein or attached thereto shall become public record upon their delivery to the city. Submission of a bid/proposal in response to a request constitutes acceptance of all terms and conditions and requirements contained in the request.

28. RECOMMENDATION OF AWARD: The recommendation of award by city council represents a preliminary determination and not a legally binding acceptance of the bid or proposal until the city has executed a written agreement in a form agreeable by an authorized city official.

29. COST FOR PROPOSAL PREPARATION: Any costs incurred by Vendor in preparing or submitting offers are the Vendor’s sole responsibility; the City will not reimburse any Vendor for any costs incurred or associated with the preparation of proposals.

30. INSPECTION AT VENDOR’S SITE: The City reserves the right to inspect, at a reasonable time, the equipment, item, plant or other facilities of a prospective Vendor prior to Contract award, and during the Contract term as necessary for the City’s determination that such equipment, item, plant or other facilities conform with the specifications/requirements and are adequate and suitable for the proper and effective performance of the Contract.

31. PRICE ADJUSTMENTS: A requested price increase may only become effective after approval of the

Purchasing Manager in writing. Price increases will need to have sufficient justification as to the reason why the increase is being requested. The City will need 30 days written notice before price increases can become effective, failure to notify the City of a price increase will result in payment of invoice at prior written contracted/agreed upon pricing until the conditions are met. A price decrease will only need to be communicated to the Purchasing Manager for documentation purposes.

32. LIQUIDATED DAMAGES: Liquidated damages, if stated in the Contract Documents, is an amount reasonably estimated in advance to cover the losses incurred by the Owner by reason of failure on the Contractor to complete the work within the specified time of completion.

33. VENDOR REGISTRATION: All vendors (new, current or potential) must register with our Vendor Registration system through Vendor Registry at the following link.

https://vrapp.vendorregistry.com/Vendor/Register/Index/city-of-wilson-nc-vendor-registration

FORM OF PROPOSAL

(Provide one original and one copy)

Respectfully submitted this ____ day of ___________________, 2026.

OWNER: BIDDER:

(PLEASE PRINT CLEARLY)

1800 HERRING AVENUE E

WILSON, NC 27893

RICKY WILSON

RVWILSON@WILSONNC.ORG

PHONE: 252-399-2405

NAME TITLE

STREET ADDRESS

CITY/STATE/ZIP

PHONE:

FAX:

E-MAIL:

SIGNATURE

SUPPLIER OF

PROPOSED EQUIPMENT

MANUFACTURER

STREET ADDRESS

CITY / STATE / ZIP

GENERAL TERMS AND CONDITIONS

This deposit shall be retained by the City of Wilson if the successful bidder fails to execute the contract within ten (10) days after the award or fails to give satisfactory surety as required. Bid bond shall be enclosed in a separate sealed envelope with “Bid Bond” printed on the envelope.

5. AVAILABILITY OF FUNDS: Any and all payments to the contractor are dependent upon and subject to the availability of funds to the City for the purpose set forth in this agreement.

6. TAXES: Any applicable taxes shall be invoiced as a separate item. The City is not exempt from local or North Carolina sales tax.

This is the start of the file's text. The full file is on GovTribe.

File details come from the government source that posted it. Updated Jun 3, 2026.