6-B. FY26-ITB-02 Copper Tubing ITB.pdf

COPPER TUBING

ITB# FY26-ITB-02 AUGUST 22, 2025 1

INVITATION TO BID

ITB # FY26-ITB-02

CITY OF CHARLOTTE

NORTH CAROLINA

AUGUST 22, 2025

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CITY OF CHARLOTTE – CHARLOTTE WATER

5100 BROOKSHIRE BLVD., 2ND FLOOR

CHARLOTTE, NORTH CAROLINA 28216

Date: August 22, 2025 Bid Number: FY26-ITB-02

Subject: Invitation to Bid on the following apparatus, supplies, materials, equipment and/or services for:

COPPER TUBING

This letter extends an invitation for the submission of a Bid to supply Charlotte Water, a department of the City of Charlotte, with apparatus, supplies, materials, equipment and/or services as indicated above. The City of Charlotte uses a Bonfire e-Procurement Portal (“Procurement Portal” -https://charlottenc.bonfirehub.com) for accepting and evaluating bids digitally. Bids must be submitted electronically through the Procurement Portal on or before the Bid Due Date in order to be accepted. Bids will be opened (unsealed electronically) at the time and place indicated and, unless obviously non-responsive, read aloud publicly.

As a courtesy, the public may view the bid opening virtually. Refer to Section 1.8 for additional information.

All times stated herein shall refer to the Eastern Time Zone.

No Pre-Bid Meeting will be held for this procurement.

Any changes to the terms, conditions or specifications stated in this ITB will be documented in a written addendum and will be posted on the Procurement Portal. Each Bidder is required to acknowledge receipt of all addenda. Please note that we may not consider any Bid that fails to acknowledge receipt of each issued addendum.

A response from your Company to this ITB would be appreciated. Questions should be submitted in writing through the Vendor Discussions section on the Procurement Portal.

Sincerely, Wendy Raiford Procurement Officer https://charlottenc.bonfirehub.com/

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Checklist for Submitting a Bid:

Step 1 Read the document fully.

Step 2 Review the solicitation timeline and upcoming events in the Procurement Portal and download copies of any documents if you plan to submit a Bid.

Step 3 Submit any questions via the Vendors Discussion Section in the Procurement Portal by the deadline(s) noted for the solicitation.

Step 4 Conduct a thorough review of the Sample Contract. Any exceptions to the Sample Contract must be uploaded in word format (with redlines/tracked changes) or alternatively, submit an “Exceptions Form.” A template of the “Exceptions Form” is found under the Public Files in the Procurement Portal.

Step 5 Monitor the Procurement Portal for any addendums and/or responses to questions.

If you plan to submit a Bid, you must submit all required documents and respond to all questions within the Procurement Portal for the ITB

If awarded a contract, your company will be required to provide an insurance certificate(s) that meets or exceeds the requirements set forth in the Sample Contract.

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TABLE OF CONTENTS

INSTRUCTIONS TO BIDDERS

1.1. REVIEW AND COMPLY:

1.2. DEFINITIONS:

1.3. CONTRACT DOCUMENTS:

1.4. EXCEPTIONS:

1.5. MULTIPLE/ALTERNATE BIDS:

1.6. HOW TO PREPARE BID RESPONSES:

1.7. HOW TO SUBMIT BID RESPONSES:

1.8. BID OPENING PROCEDURES:

1.9. TRADE SECRETS AND PERSONAL IDENTIFICATION INFORMATION:

1.10. QUESTIONS AND PRE-BID CONFERENCE:

1.11. HOW TO SUBMIT AN OBJECTION RELATING TO THIS INVITATION TO BID:

1.12. BINDING OFFER:

1.13. ERRORS IN BIDS:

1.14. CITY’S RIGHTS AND OPTIONS:

1.15. BIDS ON ALL OR PART:

1.16. INVITATION TO BID NOT AN OFFER:

1.17. CHARLOTTE BUSINESS INCLUSION PROGRAM:

1.18. EQUAL OPPORTUNITY:

1.19. NO COLLUSION OR CONFLICT OF INTEREST:

1.20. ANTI-LOBBYING PROVISION:

1.21. CERTIFIED TEST REPORT:

1.22. BRAND NAME:

1.23. TO SUBMIT A PROPOSED ALTERNATE PRODUCT IN LIEU OF A SPECIFIED BRAND:

1.24. STATUTORY REQUIREMENTS:

1.25. GUARANTOR:

1.26. AWARD CRITERIA:

1.27. CONTRACT AWARD BY CHARLOTTE CITY COUNCIL:

1.28. PROCUREMENT SCHEDULE:

1.29. POST AWARD CONFERENCE:

TERMS AND CONDITIONS

2.1. CONTRACT TYPES:

2.2. TERMS OF CONTRACT:

2.3. NOTICE TO PROCEED:

2.4. DELIVERY TIME:

2.5. PRICES ARE FIRM:

2.6. PROMPT PAYMENT DISCOUNTS:

2.7. QUALITY:

2.8. INSPECTION AT BIDDER’S SITE:

2.9. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION:

2.10. INSURANCE:

SPECIFICATIONS

3.1. SCOPE:

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3.2. GENERAL REQUIREMENTS:

3.3. QUANTITIES:

3.4. WARRANTY:

3.5. PRICING:

3.6. DELIVERY:

3.7. DELIVERY PERSONNEL:

3.8. INVOICES:

3.9. AWARD OF CONTRACT:

3.10. CITY CONTRACTING REQUIREMENTS:

3.11. ITEMS UNDER CONTRACT:

3.12. CUSTOMER SERVICE REPRESENTATIVE:

3.13. PERMITTING RESPONSIBILITIES:

3.14. NO LIMITATIONS ON DISCLOSURE

3.15. CITY DEPARTMENT PARTICIPATION:

3.16. RETURNS AND RESTOCKING CHARGES:

3.17. PLACEMENT OF ORDERS:

Section One Instructions to Bidders

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INSTRUCTIONS TO BIDDERS

1.1. Review and Comply:

Each reference to this Invitation to Bid (“ITB”) includes all components listed in the Table of Contents above. Please review each of them carefully. Bidders will be held accountable for having full knowledge of the contents of this ITB and for performing any due diligence that may be necessary to submit a binding Bid.

1.2. Definitions:

Addendum: Refers to any and all modifications or additions to this Invitation to Bid that are issued in writing by Charlotte Water Procurement.

Bid: Refers to a bid submitted by a company in response to this Invitation to Bid. A Bid shall be submitted on the Procurement Portal.

Bid Response Forms: Refers to the forms that a Bidder is required to complete and return as its Bid, as included in the Public Files on the Procurement Portal.

Bidder: Refers to a person or entity that submits a Bid.

CBI: Refers to the Charlotte Business INClusion office of the City of Charlotte.

Charlotte Combined Statistical Area (CSA): Refers to the area consisting of the North Carolina counties of Anson, Cabarrus, Cleveland, Gaston, Iredell, Lincoln, Mecklenburg, Rowan, Stanly, and Union, and the South Carolina counties of Chester, Lancaster, and York; a criteria used by Charlotte Business INClusion to determine eligibility to participate in the program.

City: Refers to the City of Charlotte, North Carolina.

Company: During the solicitation process, refers to a company that has interest in providing the Products and Services. After the solicitation process, refers to a company that enters into a Contract with the City for all or part of the Products and Services covered by this ITB.

Contract: A contract under which a Bidder agrees to provide all or part of the Products and Services to the City. A Contract shall include the Terms and Conditions set forth in the Sample Contract provide in the Public Files on the Procurement Portal.

Minority Business Enterprise (MBE): Refers to a business enterprise that: (i) is certified by the State of North

Carolina as a Historically Underutilized Business (HUB) within the meaning of N.C. Gen. Stat. § 143-128.4; (ii) is at least fifty-one percent (51%) owned by one or more persons who are members of one of the following groups: African American or Black, Hispanic, Asian, Native American, or American Indian; and (iii) has a significant business presence in the Charlotte Combined Statistical Area.

MWSBE: Refers to SBEs, MBEs and WBEs, collectively.

MWSBE Goal: If an ITB or Contract has separate Subcontracting Goals for MBEs, WBEs, and/or SBEs, the term MWSBE is a shorthand way to refer collectively to all MBE, WBE, and SBE Goals set for the ITB. In some instances, the City may set one combined goal for MBEs, WBEs, and/or SBEs, in which event the term MWSBE Goal refers to that one, combined goal. In the latter instance, calculated as a percentage, the MWSBE Goal represents

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the total dollars spent with MBEs, WBEs, and SBEs as a portion of the total Bid amount, including any contingency.

Post-Consumer Recycled Material: Refers to material and by-products which have served their intended end-use by a consumer and have been recovered or diverted from solid waste.

It does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

Procurement: Refers to Charlotte Water Procurement.

Products: Refers to all products that the Bidder agrees to provide to the City as part of its Bid.

Recyclability: Products or materials that can be collected, separated or otherwise recovered from the solid waste stream for reuse, or used in the manufacture or assembly of another package or product, through an established recycling program. For products that are made of both recyclable and non-recyclable components, the recyclable claim should be adequately qualified to avoid consumer deception about which portions or components are recyclable.

Services: Refers to all services that the Bidder agrees to provide to the City as part of its Bid, including but not limited to training, warranty, and maintenance.

Small Business Enterprise (SBE): Refers to a business enterprise that is certified by the City of Charlotte under Part E of the CBI Policy as meeting all of the requirements for SBE certification.

Specifications: Refers to the written description of the functions or features of the Products and Services for which the City seeks bids, as shown in Section 3.

Terms and Conditions: Refers to the City’s standard contractual terms and conditions as set forth in the Sample Contract.

Women Business Enterprise (WBE): Refers to a business enterprise that: (i) is certified by the State of North

Carolina as a Historically Underutilized Business (HUB) within the meaning of N.C. Gen. Stat. § 143-128.4; (ii) is at least fifty-one percent (51%) owned by one or more persons who are female; and (iii) has a significant business presence in the Charlotte Combined Statistical Area.

1.3. Contract Documents:

Each Bid constitutes an offer to become legally bound to a Contract with the City incorporating the ITB and the Bidder’s Bid. Upon Contract award by City Council or City Manager (as applicable), the City will send the successful Bidder the Contract, which shall consist of the Terms and Conditions contained in the Sample Contract, together with all attachments referenced therein.

1.4. Exceptions:

Each Bid submitted in response to this ITB constitutes a binding offer to comply with all terms, conditions, special conditions, specifications, and requirements stated in this ITB (including but not limited to the Terms and Conditions), except to the extent that a Bidder takes exception to such provisions in the manner required by this Section. To take exception to a provision of this ITB or Sample Contract, the Bidder must either upload a redlined version or an “Exceptions Form” via the

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Procurement Portal identifying each exception. Exceptions should clearly identify the following items: (1) indicate the number and title of each section of this ITB that the Bidder takes exception to; (2) identify the specific sentence within such section that the Bidder takes exception to; and (3) include any alternate provision proposed by the Bidder.

If exceptions are not identified by way of an uploaded redline version or by way of an Exceptions Form, then they may not be considered during Contract negotiations. Bidders are also reminded that a material variance from the terms of this ITB may result in the Bid being rejected by the City.

1.5. Multiple/Alternate Bids:

No Bidder shall submit more than one (1) Bid unless multiple or alternate Bids are requested in the Special Conditions. Unless specifically stated in the Special Conditions, any multiple or alternate Bids must be brought to the City's attention either during the Pre-Bid Conference or submitted in writing at least five (5) days prior to the opening of the Bid.

1.6. How to Prepare Bid Responses:

All bids shall be prepared as follows:

• Refer to the Bonfire Procurement Portal Instructions document in the Procurement Portal for submission instructions.

• Complete the Bid Response Forms provided in the Procurement Portal under the “Requested Information.” Bid responses must be submitted only on these forms.

• Bid responses must be typewritten or completed in ink, signed by the Bidder or the bidding firm's authorized representative. All erasures or corrections must be initialed and dated by the person who signs the Bid Response Form on behalf of the Bidder.

• Bids must be accompanied by accurate descriptions of the exact materials, supplies, vehicles, and/or equipment offered for purchase. The Specifications may require that copies of detailed factory specifications, ratings, technical data, etc. be submitted along with the Bidder's response package.

1.7. How to Submit Bid Responses:

All Bidders shall:

• Submit their electronic Bid via the Procurement Portal at https://charlottenc.bonfirehub.com no later than September 10, 2025 at 1:00p.m. The original Bid shall be complete and shall not refer to any other copy of the Bid for any references, clarifications, or additional information. When received, all Bids and supporting materials, as well as correspondence relating to this ITB, shall become the property of the City.

Bids not received by the time and date specified in this section will not be considered, unless the delay is a result of the negligence of the City, its agents, or assigns.

The City reserves the right to change the Bid opening date, or any other dates relevant to this procurement process, at any time in its sole discretion.

1.8. Bid Opening Procedures:

1.8.1 Bids will be opened publicly via the Procurement Portal at the time and place indicated in

Section 1.30 and, unless obviously non-responsive, read aloud publicly.

1.8.2 As a courtesy, the public may also view the bid opening virtually by calling 1-872-256- 4172 (access code: 576 071 339#) or by visiting Join the meeting now.

Meeting ID: 294 562 565 343 2

Passcode: WE9UN2aS https://charlottenc.bonfirehub.com/ https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZWFjZjFlZTUtODEyOC00MGEwLWFiYjEtOWVlZTc3N2ViODcz%40thread.v2/0?context=%7b%22Tid%22%3a%223392a0ee-6ccb-49c5-94b5-f5e6d8a665d6%22%2c%22Oid%22%3a%22f312740d-c153-4339-9160-e26a104e0ecc%22%7d

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1.8.3 Charlotte Water is not responsible for technical difficulties experienced by those attending virtually and will proceed with opening bids in accordance with Section 1.8.1.

1.9. Trade Secrets and Personal Identification Information:

Definition Upon receipt by Procurement, all materials submitted by a Bidder (including the Bid) are considered public records except for: (1) material that qualifies as “trade secret” information under N.C. Gen. Stat. § 66-152 et seq. (“Trade Secrets”), or (2) “personal identification information” protected by state or federal law, to include, but not be limited to, Social Security numbers, bank account numbers, and driver’s license numbers (“Personally Identifiable Information” or “PII”).

Instructions for Marking and Identifying Trade Secrets If any Bid contains Trade Secrets or PII, such Trade Secrets and PII must specifically and clearly be identified in accordance with this Section by clearly separating them from the rest of the Bid and marked either “Personally Identifiable Information – Confidential” or “Trade Secret— Confidential and Proprietary Information.” This confidentiality caption must appear on each page of the Trade Secret or PII materials, and the document(s) must be submitted separately in the Procurement Portal.

Availability of Bids to City Staff and Contractors By submitting a Bid, each Bidder agrees that the City may reveal any Trade Secret materials and PII contained therein to all City staff and City officials involved in the selection process, and to any outside consultant or other third parties who assist in the selection process or who are hired or appointed by the City to assist in the selection process.

Availability of Bids via Public Records Requests Any person or entity (including competitors) may request Bids submitted in response to an ITB.

Only those portions of ITBs properly designated as Trade Secret or PII are not subject to disclosure.

The public disclosure of the contents of a Bid or other materials submitted by a Bidder is governed by N.C. Gen. Stat. §§ 132 and 66-152, et seq.

When determining whether to mark materials as Trade Secret, please note the following:

• Entire Bids may not be marked as Trade Secret; and

• Pricing may not be marked as Trade Secret.

The City may disqualify any Bidder that designates its entire Bid as a Trade Secret or PII, or any portion thereof that clearly does not qualify under applicable law as a Trade Secret or PII. Each Bidder agrees to indemnify, defend, and hold harmless the City and each of its officers, employees, and agents from all costs, damages, and expenses incurred in connection with refusing to disclose any material that the Bidder has designated as a Trade Secret or PII. This includes an obligation on the part of the Bidder to defend any litigation brought by a party that has requested Bids or other information that the Bidder has marked Trade Secret or PII.

1.10. Questions and Pre-Bid Conference:

There are two (2) ways to ask questions about this ITB: (1) submit a question in writing to under the Vendor Discussion section on the Procurement Portal; or (2) ask a question at the Pre-Bid Conference (if one is scheduled). Other than these permitted questions, Bidders should refrain from contacting City staff prior to the Bid opening date. The City is not bound by any statements, representations or clarifications regarding this ITB other than those provided in writing by the Procurement Officer.

Questions should reference the ITB page and topic number. Questions must be submitted by 2:00p.m. on August 29, 2025.

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The City will post answers to questions posed by prospective Bidders and/or general information concerning this ITB in the form of an addendum to the ITB on the Procurement Portal. It is the responsibility of the prospective Bidder to check the Procurement Portal for any addenda issued for this ITB.

A Pre-bid Conference will not be held for this solicitation.

While attendance at the Pre-Bid Conference is not mandatory, all interested Bidders are encouraged to participate.

1.11. How to Submit an Objection Relating to This Invitation to Bid:

When a Pre-Bid Conference is scheduled, Bidders should either present their objection at that time (either verbally or in writing) or submit a written objection through the Procurement Portal prior to the scheduled Pre-Bid Conference.

When a Pre-Bid Conference is not scheduled, Bidders must submit objections through the Procurement Portal in writing at least ten (10) days prior to the opening of the Bid.

Except for objections raised at the Pre-Bid Conference, all objections must be in writing directed to the Procurement Officer designated in the preceding section.

Failure to object in the manner specified above shall constitute a waiver of any objections the Bidder may have to the terms of this ITB, or anything that occurred in the Bid process through the end of the Pre-Bid Conference.

1.12. Binding Offer:

Each Bid shall constitute a firm offer that is binding for one hundred twenty (120) calendar days from the date of the Bid opening.

1.13. Errors in Bids:

Withdrawal of inadvertently erroneous Bids may be permitted where appropriate, if the request is submitted to the City within seventy-two (72) hours after Bid opening, not including Saturdays, Sundays, and other days the City of Charlotte is not open to the public for business. A request for withdrawal must be made in writing to the Procurement Officer using their email address provided in the Procurement Portal. Consideration of a request to withdraw a bid will be made in accordance with N.C. Gen. Stat. § 143-129.1.

In case of Bidder errors calculating “extended” prices stated in a Bid, the unit prices shall govern.

1.14. City’s Rights and Options:

The City reserves the following rights, which may be exercised at the sole discretion of the City of Charlotte:

• to supplement, amend, substitute or otherwise modify this ITB at any time;

• to cancel this ITB with or without the substitution of another ITB;

• to take any action affecting this ITB, this ITB process or the Products or Services subject to this ITB that would be in the best interests of the City;

• to issue additional requests for information;

• to require one or more Bidders to supplement, clarify or provide additional information in order for the City to evaluate the Bids submitted;

• to conduct investigations with respect to the qualifications and experience of each Bidder;

• to change the Bid opening date or any other dates relevant to this ITB;

• to waive any defect or irregularity in any Bid received;

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• to reject any or all Bids;

• to award all, none, or any part of the items that is in the best interest of the City, with one or more of the Bidders responding, which may be done with or without re-solicitation; and

• to enter into any agreement deemed by the City to be in the best interest of the City, with one or more of the Bidders responding.

1.15. Bids on All or Part:

Unless otherwise specified by the City or by the Bidder, the City reserves the right to make award on all or part of the items to be purchased. Bidders may restrict their bids to consideration in the aggregate by so stating in the Bid. However, Bids restricted to consideration in the aggregate must also include a unit price on each item Bid.

1.16. Invitation to Bid Not an Offer:

This ITB does not constitute an offer by the City. No recommendations or conclusions from this ITB process shall constitute a right (property or otherwise) under the Constitution of the United States or under the Constitution, case law, or statutory law of North Carolina.

1.17. Charlotte Business INClusion Program:

Pursuant to Charlotte City Council’s adoption of the Charlotte Business INClusion (CBI) Policy, the CBI program promotes diversity, inclusion, and local business opportunities in the City’s contracting and procurement process for Minority, Women, and Small Business Enterprises (MWSBEs) with a significant business presence in the Charlotte Combined Statistical Area (CSA).

The CBI Policy is posted at www.charlottebusinessinclusion.com.

The City is committed to promoting opportunities for maximum participation of certified MWSBEs on City-funded contracts at both the Prime and Subcontract level. For MWSBE participation to count towards a Goal, MWSBEs must meet both the certification and geographic requirements as detailed throughout this solicitation and in the CBI Policy.

1.18. Equal Opportunity:

The City has an equal opportunity purchasing policy. The City seeks to ensure that all segments of the business community have access to supplying the products and services needed by City programs. The City provides equal opportunity for all businesses and does not discriminate against any Bidders regardless of race, color, religion, age, sex, and national origin or disability.

1.19. No Collusion or Conflict of Interest:

By responding to this ITB, the Bidder shall be deemed to have represented and warranted that the Bid is not made in connection with any competing Bidder submitting a separate response to this ITB and is in all respects fair and without collusion or fraud.

Bidder shall also be deemed to have represented and warranted that none of Bidder’s or its subcontractors’ owners, employees, directors, or contractors will be in violation of the City’s Conflict of Interest Policy for City, Secondary and Other Employment Relationships (HR 13) if a Contract is awarded to the Bidder.

1.20. Anti-lobbying Provision:

Maintaining the integrity of its ITB process is of paramount importance for the City. To this end, we ask each Bidder’s cooperation in voluntarily refraining from contacting any members of the Charlotte City Council until the award of this Contract.

1.21. Certified Test Report:

If the Specifications or Special Conditions require a certified test report, Bidders shall provide such report at their expense, prior to or with their sealed Bids. The certified test report shall be from a http://www.charlottebusinessinclusion.com/

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recognized independent testing laboratory or manufacturer’s quality control laboratory and shall show all test results and full compliance with the applicable Specifications.

1.22. Brand Name:

If and whenever brand names, makes, names of manufacturers, trade names, Bidder catalogs or model numbers are stated in this ITB, they are for the purpose of establishing a grade or quality of material. The City will evaluate any approved alternates to specified brand names as provided in Section 1.22-1.23 of this ITB, except for items identified in Section 3 as Products for which no substitute is acceptable.

1.23. To Submit a Proposed Alternate Product In Lieu of a Specified Brand:

No brand names are specified for this contract.

1.24. Statutory Requirements:

Any Bid submitted in response to this ITB shall be deemed to include full conformance with all statutory requirements of North Carolina and all statutory requirements of the Federal Government, to the extent applicable. It is the responsibility of each Bidder to conduct its own due diligence as to what statutory requirements may apply.

1.25. Guarantor:

If the Bidder is a subsidiary of another entity, the City requires that the Bidder’s parent entity provide a guarantee of payment of all of the Bidder’s obligations under the Contract. The City may also require that the Bidder obtain a guaranty from an entity other than the parent if the City concludes that such guaranty would be beneficial to protect the City’s interest. If the Bidder is not a subsidiary, the City may require that the Bidder obtain a guaranty of payment from another entity if the City concludes that such guaranty would be beneficial to protect the City’s interest. If a guarantor is required, the Bidder must: (1) identify a guarantor that is acceptable to the City, (2) provide the City with the same financial information about the guarantor that the Bidder is required to provide about itself under this ITB; and (3) provide the City with a signed, legally binding guaranty agreement from the approved guarantor that is acceptable to the City in the City’s sole discretion. Failure to comply with the foregoing shall be grounds for rejection of the Bidder’s Bid.

1.26. Award Criteria:

The City reserves the right to award a Contract to the lowest responsive responsible Bidder taking into consideration vendor qualifications and experience, quality, delivery, workmanship, services, facility requirements, inventory control, and reporting capabilities. The City reserves the right to reject any Bid on the basis of function, compatibility with user requirements of utility, as well as cost.

1.27. Contract Award by Charlotte City Council:

The Contract to be awarded under this ITB must be approved by the Charlotte City Council. If such approval is granted, Procurement will provide the Contract to the Bidder for the Bidder to sign and return. In the event such approval is not received within one hundred twenty (120) calendar days after opening of the Bids, the Bidder may request that it be released from the Bid.

1.28. Procurement Schedule:

The following chart shows the schedule of events for the conduct of this ITB. The key events and deadlines for this process are as follows, some of which are set forth in more detail in the Sections that follow:

DATE EVENT

August 22, 2025 Issuance of ITB. The City issues this ITB.

August 29, 2025 Submission of Written Questions. Prospective Bidders are permitted to submit written questions, for purposes of clarifying this ITB. All

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submissions must be pursuant to the instructions in Section 1.10 by 2:00 p.m.

September 10, 2025 Bid Submission and Bid Opening. Bids are due by 1:00p.m. Please arrange for electronic bid delivery per instructions in Section 1.7.

All Bids will be opened and publicly read aloud at 5100 Brookshire Blvd., Charlotte, NC 28216 in the 1st Floor Conference Room.

September 2025 Bid Evaluation.

October 13, 2025 Contract Award by City Council (anticipated).

October 28, 2025 Anticipated Contract Effective Date. Company begins providing the Products and/Services.

1.29. Post Award Conference:

A Post-Award Conference may be scheduled as soon as practical after the award of the Contract.

The Company shall attend the conference along with the Company’s prospective Project Manager and any anticipated major subcontractors and shall provide at such conference a written schedule for the delivery of any Products or Services for which no delivery dates have been specified in this

ITB.

Section Two Terms and Conditions

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TERMS AND CONDITIONS

Each Bid submitted in response to this ITB constitutes an offer to become legally bound to a Contract incorporating terms and conditions set forth in this Section 2 as well as the Terms and Conditions in the Sample Contract. For purposes of this Section, a Bidder that enters into a Contract with the City may be referred to as the “successful Bidder” or the “Company.”

2.

2.1. Contract Types:

The Contract resulting from this Invitation to Bid will be of the type indicated below:

____ Definite Quantity: The Contract will be a fixed-price contract that provides for delivery of a specified quantity of Products and Services either at specified times or when ordered.

__x__ Indefinite Quantity: The Contract will be a unit price contract for an indefinite amount of Products and Services to be furnished at specified times, or as ordered. In some cases, indefinite quantity contracts may state a minimum quantity that the City is obligated to order. The City may make available to Bidders information regarding the City’s purchase history or projected estimates of the approximate quantity of Products that will be needed.

The City makes no representations as to the accuracy of such information. Each Bidder is required to perform its own due diligence on which to base its bid. Inaccuracy of purchase history or projected quantity estimates provided by the City will not give rise to any claim against the City or entitle any Bidder to rescind its bid or terminate or amend the Contract.

2.2. Terms of Contract:

__x__ Unit Price Contract: Contract awarded is for a unit price when product and service needs are based upon indefinite quantities, and where orders will be based on actual needs that may exceed or be less than projections. All expenditures under a unit price contract are contingent upon appropriations having been made by Charlotte City Council.

Contract Terms and Renewal Options: The Contract term shall be for a period of three (3) years from the date of award. The City, at its option, may extend the Contract for up to two

(2) additional one-year extensions unless the Bidder objects in writing at least ninety (90) days prior to the beginning of the extension term.

____ One Time Purchase: Contract awarded is for a specific quantity purchased at one time.

2.3. Notice to Proceed:

The successful Bidder shall not commence work or make shipment under this ITB until duly notified by receipt of an executed Contract from the City and/or through a Purchase Order (PO). If the successful Bidder commences work or makes shipment prior to that time, such action is taken at the Bidder's risk, without any obligation of reimbursement by the City.

2.4. Delivery Time:

When delivery time is requested in this ITB (whether in the form of a specific delivery date or maximum number of days for delivery), time is of the essence. Each Bid shall be deemed a binding commitment of the Bidder to meet the delivery time stated herein unless the Bid specifically takes exception. If such delivery time is not met, the City shall be entitled to terminate the Contract immediately for default and/or exercise any other remedies available by law or in equity. Unless otherwise specified, delivery shall be FOB Destination Freight Prepaid.

2.5. Prices Are Firm:

Each Bidder warrants the Bid price(s), terms and conditions quoted in its Bid shall be firm for acceptance by the City for a period of one hundred twenty (120) calendar days from the date of the Bid opening. Once award is made and a Contract is in place, prices shall remain firm and fixed for

Section Two Terms and Conditions

COPPER TUBING

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six (6) months, unless otherwise allowed in accordance with Purchase Terms of the Sample Contract.

2.6. Prompt Payment Discounts:

Bidders are urged to compute all discounts into the price offered. If a prompt payment discount is offered, it will not be considered in the award of the Contract except as a factor to aid in resolving cases of identical prices.

2.7. Quality:

Unless this ITB specifically states otherwise for a particular item, all components used to manufacture or construct any supplies, materials or equipment or Products provided under this Invitation to Bid shall be: (a) new; (b) the latest model; (c) of the best quality and highest grade workmanship; and (d) in compliance with all applicable federal, state and local laws, regulations and requirements. By “new”, the City means that the item has been recently produced and has not been previously sold or used.

Whenever this Invitation to Bid or any other part of the Contract states that a Product or Service shall be in accordance with laws, ordinances, building codes, underwriter’s codes, applicable A.S.T.M. regulations or similar expressions, the requirements of such laws, ordinances, etc., shall be construed to be minimum requirements that are in addition to any other requirements that may be stated in this Invitation to Bid or the Contract.

2.8. Inspection at Bidder’s Site:

The City reserves the right to inspect the equipment, plant, store or other facilities of a Bidder prior to Contract award, and during the Contract term from time to time as the City deems necessary to confirm that such equipment, plant, store or other facilities conform with the Specifications and are adequate and suitable for proper and effective performance of the Contract. Such inspections shall be conducted during normal business hours and upon at least three (3) days’ notice to the Bidder (except that a store may be inspected at any time during regular store hours without notice).

2.9. Certification of Independent Price Determination:

By submission of a Bid, the Bidder certifies, and in the case of a joint Bid each party thereto certifies as to its own organization, that in connection with this procurement:

The prices in the Bid have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other Bidder or with any competitor;

Unless otherwise required by law, the Bidder has not knowingly disclosed the prices that have been quoted in this bid directly or indirectly to any other Bidder or to any competition prior to the opening of the bid; and

No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition.

2.10. Insurance:

All Bidders must indicate compliance with the Insurance requirements stated in the Sample Contract.

Section Three Specifications

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SPECIFICATIONS

3.

3.1. Scope:

The scope of this Invitation to Bid (ITB) is to establish a contract for the purchase, and delivery of copper tubing to the Charlotte Water Field Operations for the initial contract term of three (3) years from the date of award. The City at its option may extend the contract for up to two (2) additional one-year extensions unless the Bidder objects in writing at least ninety (90) days prior to the beginning of the extension term.

All Products and component parts furnished under the Contract shall be new, shall comply with the specifications and terms and conditions set forth in this ITB, and shall operate in full compliance with these Specifications.

3.2. General Requirements:

All tubing will be Type K, sizes; ¾”, 1”, 1 ½”, 2” and to come in 60-foot rolls, except size 2” which will be 40-foot rolls.

3.3. Quantities:

The City does not guarantee quantities and will purchase quantities of Products according to actual need during the term of the Contract. The quantities listed in this ITB are estimates only and may differ substantially from actual quantities ordered. Multiple orders will be placed on an as needed basis during the term of the Contract.

3.4. Warranty:

All Products supplied under the Contract shall be covered by a manufacturer’s written guarantee and/or warranty that such Products will be free from defects in materials, workmanship and performance for a minimum of one year; merchantable and in full conformity with the Specifications set forth in this ITB, industry standards, dimension charts and Bidder's descriptions, representations and samples. The Company shall administer the warranty on the City’s behalf and shall ensure that the manufacturer repairs or replaces at no charge to the City all Products that violate either the above warranty or the applicable manufacturer’s warranty.

3.5. Pricing:

Bids shall be submitted as a fixed unit price per item that includes shipping and delivery, and any discounts. No other charges are allowed.

3.6. Delivery:

All materials supplied under this contract must be shipped FOB destination. The City will only accept delivery of complete packages. All packages shall be delivered to the following address:

Field Operations 5730 General Commerce Drive Charlotte, NC 28213

The Copper Tubing shall be delivered with thirty (30) rolls per pallet which is equal to 1,800 feet per pallet. Product(s) ordered must be delivered within 5-10 business days after placement of order.

All Products supplied under the Contract shall be covered by a manufacturer’s written guarantee and/or warranty that such Products will be free from defects in materials, workmanship and performance for a minimum of one year; merchantable and in full conformity with the Specifications set forth in this ITB, industry standards, d Bidder's descriptions, and representations.

The Company shall administer the warranty on the City’s behalf and shall ensure that the

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manufacturer repairs or replaces at no charge to the City all Products that violate either the above warranty or the applicable manufacturer’s warranty.

3.6.0.1 It shall be the responsibility of the manufacturer to pay all shipping and crating costs associated with warranty repairs.

3.7. Delivery Personnel:

All delivery personnel of the successful Bidder may be subject to background checks at the discretion of the City. Bids shall include company policies regarding selection of personnel who will be frequenting City facilities.

3.8. Invoices:

The Company must submit invoices weekly/monthly to the City’s Finance department. Invoices must include the item number, description, unit cost, quantity and extended price, and contract and purchase order number of each item purchased. Every invoice must also include the City department that placed the order and be submitted to City of Charlotte Accounts Payable per the billing instructions of the subsequent Contract.

3.8.1 It is acknowledged and agreed that having correctly priced invoices is a material element of the proposal to the City. Failure by the Company to submit correct invoices may be grounds for termination of the contract. Without limiting the City’s right to terminate the contract for incorrect pricing on invoices, the Company agrees to pay the City a service fee for correcting invoices equal to twenty-five dollars ($25) for each item incorrectly priced on an invoice. Payment must be in the form of a deduction from other amounts owed to the Company.

3.8.2 Invoices must include only Products and Services that have been delivered and completed.

3.8.3 As a condition of payment, the Company must invoice the City for Products and Services within 60 days after such Products and Services are delivered. The Company waives the right to charge the City for any products or services that have not been invoiced to the City within 60 days after such products or services were delivered.

3.9. Award of Contract:

The City reserves the right to award this contract based on the lowest responsive responsible bidder taking into consideration vendor qualifications and experience, quality, delivery, workmanship and any applicable environmentally preferable attributes associated with the product or services.

The City also reserves the right to award contract(s) by item, combination of items or grand total, whichever is in the best interest of the City.

Multiple awards may be made as a result of this ITB if doing so will ensure that any ensuing contract(s) will allow the City to fulfill current and future requirements or in the best interest of the City.

The City reserves the right to add items excluded under this Invitation to Bid, or to delete items, which are included under this Invitation to Bid.

3.10. City Contracting Requirements:

The City will enter into an Agreement written by the City with the successful Bidder that contains the terms and conditions set forth in this ITB and Sample Contract. Each Bidder must state specifically in its bid response any exceptions to the terms and conditions included in this ITB, or the sample Contract and any proposed additional terms or conditions deemed important by the Bidder. The City will take any such exceptions and proposed additions into account during the evaluation process. Any terms and conditions that the Bidder does not specifically object to will be incorporated into the resultant Agreement. Notwithstanding the foregoing, the City reserves the

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right to change the proposed contractual terms and conditions prior to contract award if it is in the City’s best interest to do so.

The terms and conditions set forth in this ITB are not all inclusive. The City may propose additional terms and conditions based on the responses to this ITB and the City’s analysis of the successful bid.

The term “Contract” shall refer to the contract entered into between the City and the successful Bidder, and the term “Company” shall refer to the successful Bidder.

3.11. Items Under Contract:

The City reserves the right to add or delete items to this Contract if particular items should become discontinued or an upgraded item becomes available to the industry market. Any new or replacement items added will be subject to bid statute requirements. The City may also delete Product items included in this Contract if the items are no longer needed by the City.

3.12. Customer Service Representative:

The Company must dedicate a Full-Time “Account Executive” for servicing the City. The account executive must be available by cell phone. The cell phone must be operational at all times. All communicational contact, via phone, email, etc. must be addressed with a response within two (2) business days. The account executive must be available to attend meetings regarding Product issues upon request. The account executive will be responsible for providing immediate response and quick resolution of all the service issues and complaints of City personnel. The account executive must have an in-depth knowledge of all items provided in this bid and have immediate access to manufacturers providing the Product items. He or she must have the ability and authority to make decisions on behalf of their employer enabling them to provide both normal and emergency service as necessary.

3.13. Permitting Responsibilities:

All permits and inspections are the sole responsibility of the successful Bidder.

3.14. No Limitations on Disclosure.

All Bidders agrees that the City shall be able to disclose and distribute to any persons or entities, without restriction, all Products, samples and other Products provided under in the course of this bid process or under the Contract. The Company specifically agrees that the City can and will provide samples of the Products provided under this Contract to the Company’s competitors in any future procurement process.

3.15. City Department Participation:

Other City Departments shall be permitted to purchase Product items defined in this Contract. The Company shall be responsible for obtaining valid identification of such employees, and for verifying that such individuals are employed by the City and are authorized to make such purchases.

3.16. Returns and Restocking Charges:

The Company or applicable manufacturer must pick up any merchandise to be returned within twenty-four (24) hours after the City notifies the Company of the return. The City will not pay restocking fees for merchandise that has been returned unless it is subject to minimum inventory requirements under this ITB or is a specialty item and the City has been notified, at the time of placement of order, of the potential restocking charge. The Company will issue a credit memo to the City within seven (7) calendar days of the return.

3.17. Placement of Orders:

All orders will be placed by City designated personnel on an as needed basis for the quantity required at the time during the term of the Contract. Orders will be placed by means of a purchase order, or other approved authorization method.