Fire Hydrants Water Resources Dept.pdf

FINANCIAL SERVICES

Purchasing Division

City of High Point | P.O. BOX 230, High Point, NC 27261 | 336.883.3219

INVITATION TO BID

FORMAL BID

BID # 03-081226

Fire Hydrants Contract Water Resources Department

City of High Point Purchasing/Warehouse Division 816 E Green Drive, PO Box 230

High Point, NC 27260 Phone: 336-883-3220

Libby Rush, Senior Buyer

FORMAL BID NUMBER: 03-081226 DATE: July 22, 2026

BIDS DUE NO LATER THAN:

Wednesday, August 12, 2026

By 2:00 PM

BUYER: Libby Rush libby.rush@highpointnc.gov

TELEPHONE: (336) 883-3220

Bid price shall be FOB Destination and include delivery to:

City of High Point Water Mains Division

816 E. Green St.

High Point, NC 27262 mailto:libby.rush@highpointnc.gov

City of High Point | P.O. BOX 230, High Point, NC 27261 | 336.883.3219

Bidder Information Form “This contract will be considered invalid if this page is not completed in full.”

--PLEASE TYPE OR PRINT LEGIBLY IN BLUE OR BLACK INK--

Supplier Name (include d/b/a information if applicable)

Entity Formation

(check applicable):

Corporation Limited Liability Company Partnership Sole Proprietorship

Limited Company Limited Partnership

Principal Office Address (Per Secretary of State)

City, State & Zip Email Address Telephone Number Federal Tax ID #/Social Security # General Contractor License # (if applicable)

Print Name & Title of Person Signing on Behalf of Supplier Supplier's Authorized Signature

* By signing above the Supplier acknowledges that terms and conditions associated with this bid have been read and accepted.

* Failure to execute/sign this bid properly prior to submittal shall render the bid invalid and it WILL BE REJECTED.

Late bids will NOT be accepted.

Offer valid for 60 days from date of bid opening. After this time, any withdrawal of offer shall be made in writing, effective upon receipt by the agency issuing this Invitation to Bid.

• Pursuant to General Statutes of North Carolina, Section 143-129, as amended, bids and proposals are subject to the conditions and specifications herein, are invited for materials and equipment as described herein.

• Prices or any other entry made hereon by the bidders shall be considered firm and not subject to change or withdrawal.

• Bidders certify under penalty of perjury that this bid has not been arrived at collusively and that no Federal or North Carolina antitrust laws have been violated.

• State and County sales taxes shall not be included in the bid prices. Sales tax shall be added to vendors invoice and will be paid to Supplier at time of invoice payment.

• Bidders shall sign this form and return it with additional bid documents on or before the above date and time, to the City of High Point Purchasing Division, P O Box 230 (27261) and 816 East Green Drive., High Point, NC 27260.

NOTICE TO BIDDERS

Sealed proposals will be received by the Purchasing Division of the City of High Point, North Carolina, located in the Municipal Operations Center, Warehouse Building at 816 East Green Drive, High Point, NC, until 2:00 PM on Wednesday, August 12, 2026, at which date and time they will be opened and publicly read for the following:

Bid Number: 03-081226 Fire Hydrants

Copies of complete bid documents are available online at http://www.highpointnc.gov Government - Departments – Financial Services - Purchasing – Current Bid Opportunities and Tabulations. Documents are also available in the Warehouse/Purchasing Division, the Municipal Operations Center, 816 E Green Dr., High Point, NC. Contact: Purchasing at (336) 883-3219 or purchasing@highpointnc.gov.

The City reserves the right to reject any or all bids, in whole or in part, as may in the judgment of the Council of the City of High Point, serve its best interest and to waive irregularities and informalities in any bid submitted.

No Bid may be withdrawn after the scheduled closing time of receipt of bids for a period of sixty (60) days.

USE OF THIS BID DOCUMENT: Bids must be submitted on the forms provided herein. Bids submitted in any other format may be subject to rejection. If additional sheets are required, the bidder should make the necessary copies and insert them in the bid document or submit a separate bid document.

EXECUTION: In compliance with this Invitation for Bids, and subject to all the conditions herein, the undersigned offers and agrees to furnish and deliver any or all items upon which prices are bid, at the prices set opposite each item within the time specified herein. By executing this bid, I certify that this bid is submitted competitively and without collusion (G.S. 143-54).

BID SUBMISSION INSTRUCTIONS: Mail only one fully executed bid document, unless otherwise instructed, and only one bid per envelope. Address envelope and insert bid number as shown below. It is the responsibility of the bidder to have the bid in this office by the specified time and date of opening. All pages within this bid document are necessary parts thereof and shall not be detached, taken apart or altered.

All pages of this document must be included in your bid submittal or you bid may be considered non-responsive. NO EMAIL RESPONSES WILL BE ACCEPTED.

DELIVERED BY US POSTAL SERVICE DELIVERED BY ANY OTHER MEANS

Libby Rush, Senior Buyer Bid #03-081226 City of High Point Warehouse/Purchasing 816 E Green Drive High Point, NC 27260

Libby Rush, Senior Buyer Bid #03-081226 City of High Point Warehouse/Purchasing 816 E Green Drive High Point, NC 27260 http://www.highpointnc.gov/ mailto:purchasing@highpointnc.gov

REFERENCES: Supplier shall provide at least three (3) references for which your company has provided goods or services of substantially the same features and quantity to those solicited herein. The City may contact these references to determine the goods provided are substantially similar to those bid herein and the Supplier's performance has been satisfactory. Such information may be considered in the evaluation of the bid.

FIRM NAME LOCATION CONTACT PHONE E-MAIL

BID TABULATIONS: Bid Tabulations will be posted to the City’s website https://www.highpointnc.gov/Bids.aspx.

Bids will be publicly opened and bid tabulations will be posted within a couple of days of bid opening.

TRANSPORTATION CHARGES: FOB HIGH POINT, NORTH CAROLINA WITH ALL TRANSPORTATION

CHARGES PREPAID AND INCLUDED IN BID PRICE.

AWARD CRITERIA: As provided by Statute, award will be based on the lowest, responsible, responsive bid(s) - most advantageous to the City of High Point as determined by consideration of:

• Price

• Quality of products offered

• General reputation & performance capabilities of bidder

• Proven performance of equipment or goods offered

• Conformity with intent of specifications herein

• Bidder’s previous performance in contract with the City

• Conformity with the terms and conditions of this Invitation for Bid

• Adequate availability of service and parts

• Delivery

AWARD OF CONTRACT: It is the general intent to award this contract to a single overall bidder on all items. The right is reserved, however, to make awards on the basis of individual items or groups of items, if such shall be considered by the City to be most advantageous or to constitute its best interest.

The City reserves the right to reject any and/or all proposals as deemed to be in the best interest of the City.

The City reserves the right to award quantities greater or less than proposed based on funds and or need.

SCOPE: It is the intent of this Invitation for Bids to establish a Supplier for Fire Hydrants for the City of High Point’s water mains department.

QUESTIONS: All questions regarding this bid should be submitted in writing to Libby Rush at libby.rush@highpointnc.gov by 12:00 pm on August 8, 2024.

CONTRACT TIME: The contract will be awarded for a one-year period beginning October 1, 2026, and ending September 30, 2027, with the option to renew for four additional one (1) year periods if terms and pricing are agreeable to both parties.

City of High Point | P.O. BOX 230, High Point, NC 27261 | 336.883.3219 https://www.highpointnc.gov/Bids.aspx

QUANTITY: The quantities provided are based on current estimates of needs. It shall be understood and agreed that during the contract period quantities purchased may be more or less than the stated estimated quantities. The City shall not be obligated to purchase in excess of its normal requirements.

MAKE AND MODEL: Manufacturer’s name and model/catalog numbers, if used, are for the purpose of identification and to establish general quality level desired. Such references are not intended to be restrictive and comparable products of other manufacturers will be considered. However, bidders are cautioned that any deviation from specifications must be pointed out in their bid.

DEVIATIONS: Any deviations from specifications and requirements herein must be clearly pointed out by bidder. Otherwise it will be considered that equipment or goods offered are in strict compliance with these specifications and requirements; a successful bidder will be held responsible therefore. Deviations must be explained in detail. However, the City makes no implication that deviations will be acceptable. Bidder is advised that the response (or lack thereof) on this question does not take precedence over specific responses or non-responses provided elsewhere in this bid.

SALES TAX: Do not include Sales Tax in the bid price. Sales tax shall be added to invoice and will be paid at time of invoice payment.

COST ADJUSTMENTS: The cost for all items as quoted herein shall remain firm for the contract period specified/awarded. Costs for subsequent periods and any extension term periods shall be subject to an adjustment only if increases occur in the industry. However, unless very unusual and significant changes have occurred in the industry, such increases shall not exceed 3% per year or, whichever is less, the latest yearly percentage increase in the All Urban Consumers Price Index (CPI-U) (National) as published by the Bureau of Labor Statistics, U.S. Dept. of Labor. The yearly increase or decrease in the CPI shall be that latest index published and available ninety (90) days prior to the end of the contract year then in effect compared to the index for the same month one year prior.

Any requested cost increase shall be fully documented and submitted to the City at least ninety (90) days prior to the contract anniversary date. Any approved cost adjustments shall become effective upon the anniversary date of the contract. In the event the CPI or industry costs decline, the City shall receive, from the Contractor, a reasonable reduction in costs that reflect such cost changes in the industry.

The City may, after examination, refuse to accept the adjusted costs if they are not properly documented, increases that are considered to be excessive, or decreases that are considered to be insufficient. In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City, the contract will not be renewed and the City will rebid the contract.

Any contract extension is subject to the continuation of usage and the appropriation of funds.

ALL UNIT COSTS SHALL BE FIRM FOR THE CONTRACT PERIOD SPECIFIED.

SAMPLES: Samples are not required with the bid response; however, if required later, bidder agrees to furnish samples of items offered at no expense within five (5) consecutive calendar days after request is made. Bidders who do not comply with this requirement will be subject to rejection.

DELIVERY SITE: All pricing shall be quoted FOB Destination to the following locations:

Water Mains Division 816 E Green Dr High Point, NC 27260

SPECIFICATIONS

CITY OF HIGH POINT

Fire Hydrants Contract 03-081226

Scope: It is the intent of this Invitation for Bid to establish a unit price contract from October 1, 2026, through September 30, 2027, for the procurement of Fire Hydrants for the Water Mains Division of the Water Resources Department. The Water Mains Department does not have adequate storage for all the items at one time. Orders will be placed on an as-needed basis by Purchase Order throughout the contract period.

This contract will run from October 1, 2026, through September 30, 2027, with the option to renew for four

(4) additional one (1) year periods if terms and pricing are agreeable to both parties. Written communication between both parties is required before this contract can be renewed. Quantities provided are based on current estimates of needs and to provide pricing integrity for bid evaluation. The City of High Point will not be responsible for purchasing in excess of actual needs.

Material Specifications: Fire hydrants shall be iron body, fully bronze mounted, dry barrel type, self-lubricating, bolt-on bonnet “O” ring seals, traffic model, working pressure of 150 psi, and shall conform to the latest specification of ANSI/AWWA C 502. Hydrants shall be constructed to permit the withdrawal of internal working parts without disturbing the barrel or casing. The valve, when shut, shall be reasonably tight when the upper portion of the barrel is broken off. The valve opening shall be at least 4 ½ inches in diameter. The waterways feeding the valves shall be at least 20% larger than the 4-1/2 inch valve openings. There shall be no chattering under any condition of operation. All hydrants shall have a breakable safety flange located at the connection of the barrel of the hydrants.

Hydrants shall be equipped with two (2) 2 ½ inch hose connections and one (1) 4 ½ inch steamer connection. Hose nipples shall be bronze and threads shall be National Standard. Nipple caps shall be securely chained to the barrel. AWWA standard pentagon 1 ½ inch point to flat operating nut opening c.c.w. The barrel shall be of sufficient length to stand approximately thirty (30) inches above the ground and maintain a cover of fifty-four (54) inches unless otherwise specified. The exterior of the lower barrel shall be given two (2) coats of pitch tar varnish or black asphaltum paint. The exterior of the upper barrel of each hydrant shall be painted with one (1) coat of primer paint and two (2) coats of bright red enamel equivalent to RUST-O-LEUM. The caps and bonnet shall receive two (2) coats of white Alert by Axon Aerospace Inc.

All hydrants are to be quoted with 6” MJ accessory kits included in the cost of hydrant.

APPROVED MODELS

1. Mueller – Super Centurions A-421 with bronze shoe

2. Kennedy Guardian K-81A with bronze to bronze sealing

3. AVK 2780

Brand Name: Brand names and model/catalog numbers used are for the purpose of identification and to establish quality level desired. Such references are not intended to be restrictive and equivalent products of other manufacturers will be considered. However, bidders are cautioned that any deviation from specifications must be pointed out in their bid. Bidders are requested to offer only equivalent comparable units that will provide the features and performance needed and implied. The City reserves the right to evaluate all proposals for suitability for the required use and to award the one best meeting requirements and thought to be in the City’s best interest.

The City of High Point will be the sole judge of equivalency, and the decision of the City as to equivalency is final.

Equipment and Accessories: All equipment and accessories listed as standard items in the manufacturer’s current product literature, but not listed in these specifications shall be included with the equipment.

Standard Production Model: The attached specifications include the requirement that the equipment herein requested be a “standard production model of the latest design”. To meet this requirement the equipment offered shall be new and the latest production model as represented in the manufacturer’s current published literature intended for the general public. Such literature must represent the specific configuration offered. Equipment offered otherwise may be subject to rejection.

Delivery: Quoted price to include delivery, FOB Destination, High Point, North Carolina

Sales Tax: Do not include Sales Tax in quoted price.

Demonstration: Bidder must be capable of demonstrating proposed equipment within seven (7) consecutive calendar days after notification at no additional cost to the City. If required, this will be a comprehensive demonstration at a site designated by the City with hands-on participation by agency operator(s) if necessary. Bids that fail to comply with this requirement may be subject to rejection.

Warranty: Equipment shall be new and shall be guaranteed against defects in materials, workmanship, and performance in accordance with the manufacturer’s standard warranty, except that in no event shall such coverage be less than one (1) year. Warranty coverage shall begin on the date of acceptance by the City of High Point. Warranty service shall be available on-site at any location within the state of North Carolina. Defective units shall be repaired or replaced during the warranty period at no cost to the City of High Point or its representative.

Award Criteria: As provided by Statute, the award will be based on the lowest responsive and responsible bid (most advantageous to the City of High Point) as determined by consideration of:

1) Price

2) Quality of item offered

3) General reputation and performance capabilities of bidder

4) Suitability of items for intended use

5) Conformity with the intent of specifications herein

6) Conformity with the terms and conditions contained herein

7) Guaranteed availability for pickup

8) Evaluation of sample, if requested

9) ANSI compliance

Attachment A Bid Proposal Form

Bid 03-081226 Fire Hydrants Contract

QUANTITY DESCRIPTION UNIT QUANTITY

UNIT

PRICE EXTENSION

5 3.0’ Bury Hydrants Model ______________________ Ea 5 $ $

Manufacturer

5 3.5’ Bury Hydrants Model ______________________ Ea 5 $ $

Manufacturer

5 4.0’ Bury Hydrants Model ______________________ Ea 5 $ $

Manufacturer

5 4.5’ Bury Hydrants Model ______________________ Ea 5 $ $

Manufacturer

10 5.0’ Bury Hydrants Model ______________________ Ea 10 $ $

Manufacturer

5 5.5’ Bury Hydrants Model ______________________ Ea 5

Manufacturer

5 6.0’ Bury Hydrants Model ______________________ Ea 5 $ $

Manufacturer

6” Fire Hydrant Extension Kit Manufacturer ______________________ Ea 4 $ $

12” Fire Hydrant Extension Kit Manufacturer ______________________ Ea 4 $ $

18” Fire Hydrant Extension Kit Manufacturer ______________________ Ea 4 $ $

24” Fire Hydrant Extension Kit Manufacturer ______________________ Ea 4 $ $

Shipping/Freight $

TOTAL BID $

PER ATTACHED SPECIFICATIONS

Bidders must include the manufacturer and part number above

Delivery will be made within _____ days after receipt of order.

Company Name Signature

City State Zip Date

E-mail Telephone Fax

ATTACHMENT B

STATE OF NORTH CAROLINA

AFFIDAVIT

CITY OF HIGH POINT

I, ____________________________ (the individual attesting below), being duly authorized by and on behalf of

________________________________ (the entity bidding on project hereinafter "Employer") after first being duly sworn hereby swears or affirms as follows:

1. Employer 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 authorization of newly hired employees pursuant to federal law in accordance with NCGS §64-

25(5).

2. Employer understands that Employers Must Use E-Verify. Each employer, after hiring an employee to work in the United States, shall verify the work authorization of the employee through E-Verify in accordance with

NCGS§64-26(a).

3. Employer is a person, business entity, or other organization that transacts business in this State and that employs 25 or more employees in this State. (mark Yes or No)

a. YES _____, or

b. NO _____

4. Employer's subcontractors comply with E-Verify, and if Employer is the winning bidder on this project

Employer will ensure compliance with E-Verify by any subcontractors subsequently hired by Employer.

This ____ day of _______________, 20__.

Signature of Affiant Print or Type Name: _________________________

State of ______________ County of ____________________

Signed and sworn to (or affirmed) before me, this the _____ day of ________________, 20__.

My Commission Expires:

Notary Public

(Affix O fficial/N otarial Seal)

NON-COLLUSION AFFIDAVIT

State of North Carolina City of High Point

, being first duly sworn, deposes and says that:

1. He/She is the of , the Proposer that has submitted the attached proposal;

2. He/She is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal;

3. Such Proposal is genuine and is not a collusive or sham Proposal;

4. Neither the said Proposer nor any of its officers, partners, owners agents, representatives, employees or parties of interest, including this affidavit, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Proposer, firm or person to submit a collusive or sham Proposal in connection with the contract for which the attached Proposal has been submitted or to refrain from bidding in connection with such contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Proposer, firm or person to fix the price or prices in the attached Proposal or of any other Proposer, or to fix any overhead, profit or cost element of the Proposal price of any other Proposer or to secure through collusion, conspiracy, connivance or unlawful agreement any advantage against the City of High Point or any person interested in the proposed contract; and

5. The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Proposer or any of its agents, representatives, owners, employees, or parties in interest, including this affidavit.

Signature of Proposer Date

Subscribed and sworn before me, this day of __________, 20___

(Seal)

Notary Public

Notary Public My Commission Expires: _______________________

Attachment C

INSTRUCTIONS TO BIDDERS

GENERAL: All bids are subject to the provisions of the attached General Contract Terms and Conditions.

All bid responses will be controlled by the Terms and Conditions included by the City of High Point. Bidder terms and conditions included as a part of published price lists, catalogs, and/or other documents submitted as a part of the bid response are waived and will have no effect either on the bid, or any contract which may be awarded as a result of this bid.

The attachment of any additional terms and conditions by any Supplier or bidder is expressly rejected here and shall not be incorporated into the bid. Attachment of any additional terms and conditions may be grounds for rejection of the bid by the City.

Bidder specifically agrees to the conditions set forth in this paragraph by signature of the "BID" contained herein.

Pursuant to G.S. 143-48 and Executive Order No. 77, the State invites and encourages participation in this procurement by a business owned by minorities, women, and the Disabled.

MAKE AND MODEL: Indicate manufacturers’ name and model number of item(s) offered in the spaces provided. The purpose of these specifications is to identify and establish general quality level desired. Any references to brand names are not intended to be restrictive and comparable products of other manufacturers will be considered. However, bidders are cautioned that any deviation from specifications must be pointed out in their bid. Complete descriptive literature and manufacturer’s specifications shall be included in the bid.

WARRANTY: Equipment shall be new and shall be guaranteed against defect in materials, workmanship, and performance in accordance with the manufacturer’s standard warranty, except that in no event shall such coverage be less than one (1) year. Warranty coverage shall begin on the date of acceptance by the City of High Point. Warranty service shall be available on site at any location within the state of North Carolina. Defective units shall be repaired or replaced during the warranty period at no cost to the City of High Point or its representative.

INSTRUCTION BOOK: The Supplier shall furnish a booklet or pamphlet giving complete instructions for the operation, lubrication, adjustment, and care of the equipment.

TRAINING: Quoted price to include comprehensive training for technicians and operators. All training and materials shall be provided by successful bidder at no additional cost to the City of High Point. Training shall include troubleshooting and proper operation of all equipment.

SAFETY: The successful bidder shall be required to take safety precautions in an effort to protect persons and City property. All contractors and sub-contractors shall conform to all OSHA, State and County regulations while performing under the terms and conditions of this contract. Any fines levied by the above mentioned authorities because of inadequate compliance with these requirements shall be borne solely by the successful bidder which is responsible for same. Barriers shall be provided by the successful bidder when work is performed in areas traversed by persons or when deemed necessary by the City.

DEMONSTRATION: Bidder must be capable of demonstrating proposed equipment within seven (7) consecutive calendar days after notification at no additional cost to the City. If required, this will be a comprehensive demonstration at a site designated by the City with hands-on participation by agency operator(s) if necessary. Bids that fail to comply with this requirement may be subject to rejection.

EQUIPMENT AND ACCESSORIES: All equipment and accessories listed as standard items in the manufacturer’s current product literature, but not listed in these specifications shall be included with the equipment.

SERVICE UPON DELIVERY: Equipment shall be complete, serviced and ready for operation. The City will only accept and approve for payment equipment that is complete in every respect and ready for operation.

STANDARD PRODUCTION MODEL: It is a requirement that the equipment herein requested be the “standard production model of the latest design”. To meet this requirement the equipment offered shall be new and the latest production model as represented in the manufacturer’s current published literature intended for the general public. Such literature must represent the specific configuration offered.

Equipment offered otherwise may be subject to rejection.

CLEAN UP: Upon completion of the equipment delivery, the bidder shall remove and properly dispose of all packaging waste and debris from the user’s site. The bidder shall be responsible for leaving the delivery areas clean and ready to use.

The omission of any standard feature described herein shall not void the bidder’s responsibility to furnish a complete system with all standard equipment of the manufacturer’s latest model in current production. The bidder shall represent by their bid that all equipment to be furnished shall be new and unused. The unit, as specified, shall be completely assembled and adjusted and all equipment, standard and optional will be installed and ready for use. The following specifications are the minimum acceptable specifications and failure to comply may be used as basis for rejection of bid. If the equipment offered differs from the provisions contained herein, these differences must be explained in detail. Bidder must include copy of printed manufacturer’s specification sheet with bid.

INSURANCE: Successful bidder shall be required to provide insurance as required in Section 17 of the General Terms and Conditions.

SPECIFICATIONS: Manufacturer's name and catalog numbers used in this bid are product specific unless the description states equivalent acceptable. These products are required for compatibility and continuity of support.

BID EVALUATION: The City of High Point reserves the right to reject any bid on the basis of the function, compatibility with user requirements, as well as cost. The City of High Point reserves the right to award this contract to a single overall bidder on all items, or to make award on the basis of individual items or groups of items, whichever shall be considered by the City of High Point to be most advantageous or to constitute its best interest. Bidders should show unit prices, but are requested to offer a lump sum price. The City of High Point will not be bound by oral discussions during evaluation process. Responsible purchasing agent should approve all contact regarding this award.

CANCELLATION: The City of High Point may terminate/cancel this contract at any time by providing written notice to the bidder at least thirty (30) days before the effective date of termination/cancellation.

SERVICE: Adequate and satisfactory availability of repair parts and supplies, and ability to meet warranty and service requirements are necessary. The City of High Point reserves the right to satisfy itself by inquiry or otherwise as to bidder's capability in this regard.

BID RESULTS: For bid results email Libby Rush at libby.rush@highpointnc.gov NO LESS THAN TWO DAYS following the bid close date.

* * * THE CITY OF HIGH POINT WILL NOT BE BOUND BY ORAL DISCUSSION REGARDING THIS

INVITATION FOR BID * * *

QUESTIONS: Questions regarding the specifications on this bid should be referred to the Purchasing Department.

GENERAL TERMS AND CONDITIONS

1. ACCEPTANCE AND REJECTION: The City of High Point reserves the right to reject any and all bids, to waive any informality in bids, and unless otherwise specified by the bidder, to accept any item in the bid.

If either a unit price or extended price is obviously in error or the other is obviously correct, the incorrect price will be disregarded.

2. TIME FOR CONSIDERATION: Unless otherwise indicated on the first page of this document, the offer shall be valid for 45 days from the date of bid opening. Preference may be given to bids allowing not less than 45 days for consideration and acceptance.

3. TAXES: No taxes shall be included in any bid prices.

a. FEDERAL: Generally, states and political subdivisions are exempt from such taxes, as excise and transportation. Exemption is claimed under Registry No. 56-70-0047K as provided by Chapter 32 of the Internal Revenue Code.

b. OTHER: Bid prices are not to include any sales, import, or personal property taxes. To the extent applicable, they are to be invoiced as a separate item(s).

4. PRICE ADJUSTMENTS: Any price changes, downward or upward, which might be permitted during the contract period must be general, either by reason of market change or on the part of the bidder to other customers.

a. NOTIFICATION: Must be given to the City of High Point Purchasing Department, in writing, concerning any proposed price adjustments. Such notification shall be accompanied by copy of manufacturers' official notice or other evidence that the change is general in nature.

b. DECREASES: The City of High Point shall receive full proportionate benefit immediately at any time during the contract period.

c. INCREASES: All prices offered herein shall be firm against any increase for 180 days from effective date of the proposed contract. After this period, a request for increase may be submitted with the City of High Point reserving the right to accept or reject the increase, or cancel the contract. Such action by the City of High Point shall occur not later than 15 days after receipt and review by the City of High Point of a properly documented request for price increase. Any increases accepted shall become effective on a date to be determined by the City of High Point which:

1) Shall not be later than 30 days after the expiration of the original 15 days reserved by the City of High Point to evaluate the request for increase;

d. INVOICES: It is understood and agreed that orders will be shipped at the established contract prices in effect on dates orders are placed. Invoicing at variance with this provision will subject the contract to cancellation. Applicable North Carolina sales tax shall be invoiced as a separate item.

5. PAYMENT TERMS: Payment terms are Net, 30 days after receipt of correct invoice or acceptance of goods, whichever is later. The City of High Point is responsible for all payments under the contract.

6. AFFIRMATIVE ACTION: The successful bidder will take affirmative action in complying with all Federal and State requirements concerning fair employment and employment of the Disabled, and concerning the treatment of all employees, without discrimination by reason of race, color, religion, sex, national origin, or physical handicap.

7. CONDITION AND PACKAGING: Unless otherwise indicated in the bid, it is understood and agreed that any item offered or shipped on this bid shall be new and in first-class condition, that all containers shall be new and suitable for storage or shipment, and that prices include standard commercial packaging.

8. PERFORMANCE BOND AND DEFAULT: The City of High Point reserves the right to require performance bonds from a successful bidder, as provided by law, without expense to the City.

Otherwise, in case of default by the Bidder, the City may procure the articles or services from other sources and hold the Bidder responsible for any excess cost occasioned thereby. Default shall occur if the Bidder fails to perform any obligation under the contract and schedule and such failure remains uncured for more than thirty (30) days after receipt of written notice thereof from the City of High Point.

9. SAMPLES: Samples of items, when required, must be furnished as stipulated herein, free of expense, and if not destroyed will, upon request, be returned at the bidder's expense. Request for the return of samples must be made within 10 days following the opening of bids. Otherwise, the samples will become the City of High Point property. Each individual sample must be labeled with the bidder's name and item number. Samples, on which an award is made, will be retained for the contract period. These will be returned if requested, ten days prior to the expiration of the contract.

10. SPECIFICATIONS: Any deviation from specifications indicated herein must be clearly pointed out;

otherwise, it will be considered that items offered are in strict compliance with these specifications, and the successful bidder will be held responsible therefore. Deviations must be explained in detail on an attached sheet(s).

The bidder shall not construe this paragraph as inviting deviation or implying that any deviation will be acceptable.

11. SAFETY STANDARDS: All manufactured items and/or fabricated assemblies subject to operation under pressure, operation by connection to an electric source, or operation involving a connection to a manufactured, natural, or LP gas source shall be constructed and approved in a manner acceptable to the appropriate state inspector which customarily requires the label or re-examination listing or identification marking of the appropriate safety standard organization, such as the American Society of Mechanical Electrical Engineers for pressure vessels; the Underwriters' Laboratories and/or National Electrical Manufacturers' Association for electrically operated assemblies; or the American Gas Association for gas operated assemblies, where such approvals of listings have been established for the type(s) of devices offered and furnished. Further, all items furnished by the successful bidder shall meet all requirements of the Occupational Safety and Health Administration (OSHA), and state and federal requirements relating to clean air and water pollution.

All bidders must comply with North Carolina Occupational Safety and Health Standards for General Industry, 29CFR 1910. Construction bidders must comply with North Carolina Occupational Safety and Health Standards for the Construction Industry, 29CFR 1926. In addition, bidders shall comply with all applicable occupational health and safety and environmental rules and regulations. Bidders shall effectively manage their safety and health responsibilities including:

1. Accident Prevention Prevent injuries and illnesses to their employees and others on or near their job site. Bidder managers and supervisors shall ensure employer's personnel safety by strict adherence to established safety rules and procedures.

2. Environmental Protection Protect the environment on, near, and around their work site by compliance with all applicable environmental regulations.

3. Employee Education and Training Provide education and training to all bidders’ employees before they are exposed to potential workplace or other hazards as required by specific OSHA Standards.

12. INFORMATION AND DESCRIPTIVE LITERATURE: Bidders are to furnish all information requested and, in the spaces, provided on the bid form. Further, as may be specified elsewhere, each bidder must submit with his/her proposal: cuts, sketches, descriptive literature, and/or complete specifications covering the products offered. Reference to literature submitted with a previous bid does not satisfy this provision. Bids which do not comply with these requirements will be subject to rejection.

13. 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.

14. AWARD OF CONTRACT: As directed by statute, qualified bids will be evaluated and acceptance made of the lowest, responsible, responsive, and best bid most advantageous to the City of High Point as determined upon consideration of such factors as: prices offered; the quality of the articles offered; the general reputation and performance capabilities of the bidders; the substantial conformity with the specifications and other conditions set forth in the bid; the suitability of the articles for the intended use;

the related services needed; the date or dates of delivery and performance; and such other factors deemed by the City to be pertinent or peculiar to the purchase in question. Unless otherwise specified by the City or the bidder, the City reserves the right to accept any items or groups of items on a multi-item bid.

The City reserves the right to make partial, progressive, or multiple awards where it is advantageous to award separately by items, or where more than one supplier is needed to provide the contemplated requirements as to quantity, quality, delivery, service, geographical areas, and/or other factors deemed by the City of High Point to be pertinent or peculiar to the purchase in question.

15. GOVERNMENTAL RESTRICTIONS: In the event any Governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship, or performance of the items offered on this proposal prior to their delivery, it shall be the responsibility of the successful bidder to notify the City of High Point Purchasing Department at once, indicating in his/her letter the specific regulation which required such alterations. The City of High Point reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the contract.

16. INSURANCE:

COVERAGE - During the term of the contract, the bidder 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 bidder shall provide and maintain the following coverage and limits:

a. Worker’s Compensation - The bidder 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 bidders’ employees who are engaged in any work under the contract. If any work is sublet, the bidder shall require the subcontractor to provide the same coverage for any of his/her employees engaged in any work under the contract.

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 in connection with the contract. The minimum combined single limit shall be $1,000,000.00 bodily injury and property damage; $100,000.00 uninsured/under-insured motorist; and $1,000.00 medical payment.

REQUIREMENTS: Providing and maintaining adequate insurance coverage is a material obligation of the bidder and is of the essence of this 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 bidder shall at all times comply with the terms of such insurance policies, and all requirements of the insurer under any of such insurance policies, except as they may conflict with existing North Carolina laws or this contract. The limits of coverage under each insurance policy maintained by the bidder shall not be interpreted as limiting the bidder’s liability and obligations under the contract. It is agreed that the coverage as stated shall not be canceled or changed until thirty (30) days after written notice of such termination or alteration has been sent by registered mail to the City of High Point Purchasing Department.

17. PATENTS AND COPYRIGHTS: The Bidder shall hold and save the City of High Point, its officers, agents, and employees, harmless from liability of any kind, including costs and expenses on account of any patented or unpatented invention, articles, device, or appliance manufactured or used in the performance of this contract, including use by the government.

Any and all copy, art, designs, negatives, photographs, or other tangible items created pursuant to the bidder's performance of this project shall be the property of the City of High Point and shall be delivered to the City upon completion of the project. Such property shall be transferred to the City in excellent, reusable condition.

In addition, the copyright in and to any copyrightable work, including, but not limited to, copy, art, negatives, photographs, designs, text, software, or documentation created as part of the bidder's performance of this project shall vest in the City, and the bidder agrees to assign all rights therein to the City. Bidder further agrees to provide the City with any and all reasonable assistance, which the City may require to obtain copyright registrations or to perfect its title in any such work, including the execution of any documents submitted by the City.

18. PATENT AND COPYRIGHT INDEMNITY: BIDDER will defend or settle, at its own expense, any action brought against Customer to the extent that it is based on a claim that the product(s) provided pursuant to this agreement infringe any U.S. copyright or patent; and will pay those costs, damages, and attorney's fees finally awarded against Customers in any such action attributable to any such claim, but such defense, settlements, and payments are conditioned on the following (1) that BIDDER shall be notified promptly in writing by Customer of any such claim; (2) that BIDDER shall have sole control of the defense of any action on such claim and of all negotiations for its settlement or compromise; (3) that Customer shall cooperate with BIDDER in a reasonable way to facilitate the settlement of defense of such claim; (4) that such claim does not arise from Customer modifications not authorized by the BIDDER or from the use of combination of products provided by the BIDDER with products provided by the Customer or by others; and (5) should such product(s) become, or in the BIDDER's opinion likely to become, the subject of such claim of infringement, then Customer shall permit BIDDER, at BIDDER's option and expense, either to procure for Customer the right to continue using the product(s), or replace or modify the same so that it becomes non-infringing and performs in a substantially similar manner to the original product; or (c) upon failure of (a) or (b) despite the reasonable efforts of the BIDDER for a sold product or licensed software, return the price paid for the licensed software and any product dependent thereon.

19. ADVERTISING: Bidder agrees not to use the existence of this contract or the name of the City of High Point as a part of any commercial advertising without prior approval of the City of High Point Purchasing Department.

20. EXCEPTIONS: All proposals are subject to the terms and conditions outlined herein. All responses will be controlled by such terms and conditions and the submission of other terms and conditions, price catalogs, and other documents as part of a Bidder's response will be waived and have no effect on this Request for Proposal or any other contract that may be awarded resulting from this solicitation. The submission of any other terms and conditions by a Bidder may be grounds for rejection of the Bidder's proposal. The Bidder specifically agrees to the conditions set forth in the above paragraph by affixing his name on the signatory page contained herein.

21. CONFIDENTIAL INFORMATION: As provided by statute and rule, the City of High Point will consider keeping trade secrets which the bidder does not wish to be DISCLOSED confidential. Each page shall be identified in boldface at the top and bottom as "CONFIDENTIAL" by the bidder. Cost information shall not be deemed confidential. In spite of what is labeled as a trade secret, the determination whether it is or not will be determined by North Carolina law.

22. ASSIGNMENT: No assignment of the bidder's obligations nor the bidder's right to receive payment hereunder shall be permitted. However, upon written request approved by the City of High Point Purchasing Department, solely as a convenience to the bidder, the City of High Point may:

a. Forward the bidder's payment check directly to any person or entity designated by the bidder, and

b. Include any person or entity designated by the bidder as a joint payee on the bidder's payment check.

In no event shall such approval and action obligate the City of High Point to anyone other than the bidder and the bidder shall remain responsible for fulfillment of all contract obligations.

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

24. INSPECTION AT BIDDER'S SITE: The City of High Point reserves the right to inspect, at a reasonable time, the equipment/item, plant or other facilities of a prospective bidder prior to contract award, and during the contract term as necessary for the City of High Point'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.

25. AVAILABILITY OF FUNDS: Any and all payments of compensation of this specific transaction, its continuing or any renewal or extension, are dependent upon and subject to the allocation of appropriation of funds to the City for the purpose set forth in this agreement.

26. GOVERNING LAWS: All contracts, transactions, agreements, etc., are made under and shall be governed by and construed in accordance with the laws of the State of North Carolina.

27. ADMINISTRATIVE CODE: Bids, proposals, and awards are subject to applicable provisions of the North Carolina Administrative Code.

28. EXECUTION: Failure to sign under EXECUTION section will render bid invalid.

29. ORDER OF PRECEDENCE: In cases of conflict between specific provisions in this bid, the order of precedence shall be (1) special terms and conditions specific to this bid, (2) specifications, (3) City of High Point General Contract Terms and Conditions, and (4) City of High Point Bid Terms and Conditions.

30. CLARIFICATIONS/INTERPRETATIONS: Any and all questions regarding this document must be addressed to the City named on the cover sheet of this document. Do not contact the user directly. Any and all revisions to this document shall be made only by written addendum from the City of High Point Purchasing Department. The bidder is cautioned that the requirements of this bid can be altered only by written addendum and that verbal communications from whatever source is of no effect.

31. SITUS: The place of all contracts, transactions, agreements, their situs and forum, shall be North Carolina, where all matters, whether sounding in contract or tort, relating to the validity, construction, interpretation, and enforcement shall be determined.

Worktags: FD661- CC5103-SC332

AGREEMENT FOR GOODS AND SERVICES PURCHASE

THIS AGREEMENT FOR GOODS AND SERVICES PURCHASE (“Agreement”) is made on _________________ (the “Effective Date”), by and between the City of High Point, a North Carolina municipal corporation (the “City”), and ___________________________________, a ________ _________________ company (“Seller”). The City and Seller are at times collectively referred to hereinafter as the “Parties” or individually as a “Party”.

WHEREAS, Seller is in the business of selling goods that are of the type and nature of the Goods (as defined below); and

WHEREAS, the City desires to purchase the Goods from Seller, and Seller desires to sell the Goods to the City, all on the terms and conditions set forth herein.

NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. Sale of Goods and Services.