IFB 25_102 Underground Puller Trailer.pdf

INVITATION FOR BID

IFB #25-102

UNDERGROUND PULLER

TRAILER

Bid Submission Deadline:

September 15, 2025

CITY OF CARTERSVILLE ELECTRIC SYSTEM

1 N. Erwin Street Cartersville, GA 30120

DIVISION I: INVITATION FOR BID

INVITATION FOR BIDS

TO: Underground Puller Trailer Supplier

FROM: City of Cartersville Electric System

DATE: August 12, 2025

SUBJECT: Invitation for Bids – CLOSE Monday, September 15 at 3:00pm

The City of Cartersville Electric System is requesting competitive bids for an underground puller trailer. The purpose of the unit will be to assist in installing underground electric distribution cable. This purchase is to be coordinated by Cartersville Electric System, and Cartersville Electric System will base their bid evaluation on the lowest bid that, in its sole discretion, is the most responsive and responsible to the City of Cartersville. The evaluation process will be followed by a recommendation to the Cartersville Mayor and City Council for the approval of a purchase order to the awarded supplier.

The Contract Documents describe in detail, the requirements of the Contractor and City for the requested underground puller trailer. You are invited to submit your proposal to supply these services by mail or hand-delivery to the address below on or before 3:00 PM EST on September 15th, 2025:

City of Cartersville Electric System ATTN: Tiffany Wood

Envelopes containing bids must be identified as IFB# 25-102 Underground Puller Trailer IFB.

If any questions arise, or if additional information is needed for the preparation of your proposal, please contact me at twood@cityofcartersville.org.

Sincerely, Tiffany Wood Administrative Support Specialist

DIVISION II: INSTRUCTIONS TO SUPPLIERS

ARTICLE I: SCOPE OF WORK

The following information is provided to assist suppliers responding to this invitation for bids (“IFB”) in understanding the scope of the hereinafter defined Equipment needed by the City of Cartersville Electric System (the “Owner”). The supplier shall provide all labor, material, equipment, supplies, and supervision to provide the equipment as assigned by the Owner. This IFB and all Divisions hereof, including the Specifications with all addenda, are made a part of the hereinafter defined Contract. No provision of this Contract shall be interpreted to prevent the Owner from purchasing equipment from other suppliers.

ARTICLE II: QUALIFICATIONS OF SUPPLIERS

Each Bidder must meet the following minimum qualification requirements in order to be considered for award. A Bidder who fails to meet these requirements will be disqualified. All decisions on qualifications are with the City’s sole discretion.

Each Bidder shall have a minimum of three (3) years being housed in a permanent building structure as current commercial business. The total time representing bidded item also must be a minimum of three (3) years unless otherwise approved by City of Cartersville Electric System.

Each bidder must have sufficient financial support, equipment, fleet, personnel, quality control and safety programs and procedures in place to successfully provide the requested equipment.

ARTICLE III: INTERPRETATIONS

All questions about the meaning or intent of the Contract Documents shall be submitted to Cartersville Electric System in writing. Interpretations, corrections, material substitution requests or changes, if any, to the Bid Documents shall be made by Addenda. Bidders shall not rely upon interpretations, corrections, and changes made in any other manner, including orally.

Interpretations, corrections, and changes shall not be binding unless included in an Addenda. Any addenda or other modification to the IFB documents will be issued by the City prior to the date and time of Bid closing, as a written addenda. Such written addenda or modification shall be part of the Bid documents and shall be binding upon each Bidder. Each Bidder is required to acknowledge receipt of any and all addenda on the bid form. No Bidder may rely upon any oral or verbal modification or interpretation in preparing its bid. No interpretation of this IFB will be made for any bidder, except by written addendum. Questions or requests for clarification directed to any other member of the City staff may be grounds for rejection of the bid as being irregular. Bidders shall notify the City promptly of any error, omission, or inconsistency that may be discovered during examination of the Bid Documents and the proposed work site if applicable.

Requests from Bidders for interpretation or clarification of the Bid Documents shall be emailed to twood@cityofcartersville.org and shall arrive no later than August 25, 2025 by 4:00 p.m.

ARTICLE IV: CONTRACT TERM

The resulting Contract shall be for a period of one (1) year from the effective date of Award of Contract (the “Term”).

ARTICLE V: SUBMISSION OF BIDS

Bids shall be submitted by mail or hand-delivery to the address below on or before 3:00 PM EST on September 15, 2025:

ATTN: Tiffany Wood

Envelopes containing bids must be identified as IFB# 25-102 Underground Puller Trailer IFB.

ARTICLE VI: AWARD OF CONTRACT

Section 1.

The City of Cartersville reserves the right to reject any and all Bids, to waive any and all informalities and to negotiate contract terms with any potential Contractor, and the right to disregard all nonconforming, non-responsive or conditional Proposals. Discrepancies between words and figures shall be resolved in favor of words. Discrepancies between the indicated sum of any column of figures and the correct sum thereof shall be resolved in favor of the correct sum.

Section 2.

In evaluating the Bids, the City of Cartersville shall consider the qualifications of the Contractors, whether or not the Bids comply with the prescribed requirements, and unit prices as requested in the bid forms. It is the Purchaser’s intent to accept alternatives (if any are accepted) in the order in which they are listed in the Cost of System Components, but the City may accept them in any order or combination.

Section 3.

If applicable, the Supplier shall submit the identity of any Subcontractors and their expected contribution to the Work. City of Cartersville may consider the qualifications and experience of Subcontractors in evaluating Bids. Operating costs, maintenance considerations, performance data and guarantees of Work may also be considered by the City.

Section 4.

The City of Cartersville may conduct such investigation as deemed necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of the Suppliers, proposed Subcontractors and other persons and organizations to do the Work in accordance with the Contract Documents to the satisfaction of the City within the prescribed time. The Supplier will assist the City in obtaining information needed by the City to satisfy the investigation.

Section 5.

The City of Cartersville reserves the right to reject the Bid of any Contractor who does not pass any such evaluation to the satisfaction of the City.

Section 6.

If the Contract is to be awarded, it shall be awarded to the Supplier with the lowest cost whose evaluation by the City of Cartersville indicated to the City that the award shall be in the best interest of the Project.

Section 7.

If the Contract is to be awarded, the City shall give the successful Supplier a Purchase Order within sixty (60) days after the date of the Bid Date.

Section 8.

Delivery of the Bid by the Supplier shall constitute an offer and delivery of a Purchase Order shall constitute acceptance effecting a contract between the City of Cartersville and the Supplier for the Term.

ARTICLE VII: ALTERNATE AWARDS

It is the intent of this Invitation for Bids to select a single Supplier for all equipment listed.

However, notwithstanding this intent, City of Cartersville reserves the right to issue alternate awards if deemed in the best interest of the City due to geographical restrictions or otherwise.

The City of Cartersville also reserves the right to issue a backup or secondary award.

ARTICLE VIII: PROPOSAL EVALUATION CRITERIA

Section 1.

To receive evaluation, a Bid must contain as a minimum the following items:

1. A complete bid to provide requested equipment.

2. A completed Cost of System Components form including pricing for additional items, if any.

3. Contractor’s Eligibility Verification Affidavit.

4. Subcontractor’s Eligibility Verification Affidavit, if any.

5. Contractor’s Certificate of Insurance

6. Evidence of Contractor’s qualification to do business in the state of Georgia, e.g.

business license.

7. Other documentation as necessary to clarify assumptions or conditions of the

Proposal.

Section 2.

In evaluating Proposals, it is the intent of the City of Cartersville to accept alternates only if they are requested by the City of Cartersville through Addendum to this Specification.

Section 3.

City of Cartersville shall consider the qualifications and experience of all Suppliers, Subcontractors, and other persons and organizations, including those who are to furnish the principal items of equipment and service. City of Cartersville may conduct such investigation as it deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of the Supplier, proposed Subcontractors and other persons, and organization to provide the equipment in accordance with the Contract Documents to the satisfaction of City of Cartersville within the prescribed time. Contractor will assist City of Cartersville in obtaining information needed by City of Cartersville to satisfy the investigation.

Section 4.

Bid evaluation will be based on the following criteria (not necessarily in the order of importance):

1. Completeness of the Bid, (i.e. the degree to which it responds to all requirements and requests for information contained herein).

2. Degree to which the Supplier meets the technical specifications.

3. Total cost.

4. Completion schedule.

5. Demonstration of general understanding of and responsiveness to the needs of

City of Cartersville Electric System.

6. Experience and past performance record of Contractor.

In performing the evaluation, only information contained within the Supplier’s Proposal will be considered. Exceptions to Specifications, all of which must be clearly identified, will be evaluated by the same criteria indicated in this Article XII.

ARTICLE IX: COMPONENT PARTS OF THIS CONTRACT

This Contract consists of the following component parts, all of which are as fully a part of this Contract as if herein set out verbatim or, if not attached, as if hereto attached:

1. Invitation for Bid (IFB) (Division I, one page total).

2. Instructions to Supplier (Division II).

3. General Conditions of the Contract and Agreement (Division III).

5. The Specifications (Division IV).

6. Supplier’s Proposal, including all attachments submitted at the time of Bid and any other information submitted subsequent to Bid based upon the investigation as to qualifications, etc. (Division V).

ARTICLE X: RATE ESCALATION

Prices quoted must be firm for all equipment included in Bid for the duration of the model year listed in Bid.

DIVISION III: GENERAL CONDITIONS

ARTICLE I: DEFINITIONS

Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof.

ADDENDA – Written or graphic instruments issued prior to the receipt of Proposals which clarify, correct, or change the Proposal Documents or the Contract Documents.

AGREEMENT – The written agreement between Owner and Contractor covering the Work to be performed. Other Contract Documents are attached to the Agreement and made a part thereof as provided therein.

APPLICATION FOR PAYMENT – The form accepted by the Owner which is to be used by Contractor in requesting progress or final payment and which is to include such supporting documentation as is required by the Contract Documents.

BID – The offer of the Supplier submitted on the prescribed form setting forth the price for the Equipment to be delivered.

CHANGE ORDER – A written order to Contractor signed by Owner authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after the effective date of the Agreement.

CONTRACT DOCUMENTS – The Agreement, contained herein and more specifically identified as Underground Puller Trailer, Addenda (which pertain to the Contract Documents), Post-Bid Addenda, Supplier’s Bid (including documentation accompanying the Bid) when attached as an exhibit to the Agreement, these General Conditions, the Supplementary Conditions, the Specifications, together with all Modifications issued after the execution of the Agreement.

CONTRACT PRICE – The monies payable by Owner to Supplier under the Contract Documents as stated in the Agreement.

SUPPLIER - The person, firm, or corporation with whom the Owner has entered into an Agreement.

CONTRACT TIME – The number of days stated in the Agreement for the completion of the Work.

SUPPLIER – Any individual, corporation, or firm demonstrating interest and capability to provide the completion of the functions of the Specifications.

DAY – A calendar day of twenty-four (24) hours measured from midnight to the next midnight.

DEFECTIVE – An adjective which when modifying the word Work refers to the Work that is unsatisfactory, faulty, or deficient, or does not conform to the Contract Documents or does not meet the requirements of any inspection, test or approval referred to in the Contract Documents, or has been damaged prior to final payment.

CONTRACT – the contract between City of Cartersville and Supplier by delivery of the Purchase Order as provided herein.

EFFECTIVE DATE OF THE AGREEMENT – The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver.

EFFECTIVE DATE OF NOTICES – The date of delivery or mailing as defined in Division III, Article VIII, Section 1.

FIELD ORDER – A written order issued by Owner which orders minor changes in the Work which do not involve a change in the Contract Price or the Contract Time.

MODIFICATION – (a) A written amendment of the Contract Documents signed by both parties, (b) A Change Order, or (c) A Field Order. A modification may only be issued after the effective date of Agreement.

NOTICE OF AWARD – The written notice by Owner to the apparent successful Supplier with the conditions precedent enumerated therein, within the time specified, Owner will sign and deliver the Agreement in the form of a Purchase Order.

NOTICE TO PROCEED – A written notice given by Owner to Contractor fixing the date on which the Contract Time will commence to run on, and which Contractor shall start to perform his obligations under the Contract Documents in the form of a Purchase Order.

OWNER – The City of Cartersville.

POST-PROPOSAL ADDENDA – A written amendment of the Proposal Documents, submitted after the receipt of Proposals and prior to the signing of the Agreement, containing the results of negotiations between the Contractor and the Owner.

PROJECT – The complete delivery of equipment to be provided under the Contract Documents.

The Project may be the whole, or a part as indicated elsewhere in the Contract Documents.

PURCHASER – The City of Cartersville.

RESIDENT PROJECT REPRESENTATIVE – The authorized representative of the Seller who is assigned to the site or any part thereof.

SELLER – Any individual, corporation or firm proposing to supply the equipment which meets the Specifications, who has submitted an executed Bid Form.

SPECIFICATIONS – Those portions of the Contract Documents consisting of written technical descriptions of labor, equipment, construction systems, standards and workmanship as applied to the equipment and certain administrative details applicable thereto.

SUBCONTRACTOR – An individual, firm, or corporation having a direct contract with Supplier or with any Subcontractor for the performance of a part of the Work.

SUBSTANTIAL COMPLETION – The Work (or specified part thereof) has progressed to the point where, in the opinion of Owner as evidenced by his definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or Specified part) can be utilized for the purposes for which it was intended. The terms “substantially complete” and “substantially completed” as applied to any Work refer to Substantial Completion thereof.

WORK – The entire completed Project or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of performing services, furnishing labor, delivering equipment and incorporating materials and equipment into the Project, all as required by the Contract Documents.

ARTICLE II: CONTRACT DOCUMENTS: INTENT AND REUSE

Section 1. Intent

(a) The Contract Documents comprise the entire Agreement between Owner and Supplier concerning the Work. They may be altered only by a written Modification signed by both parties.

(b) The Contract Documents are complementary; what is called for by one is as binding as if called for by all. If, during the performance of the Work, Supplier finds a conflict, error, or discrepancy in the Contract Documents, he shall report it to Owner in writing at once and before proceeding with the Work affected thereby. However, Supplier shall not be liable to Owner for failure to report any conflict, error, or discrepancy in the Specifications unless Supplier had actual knowledge thereof or should reasonably have known thereof.

(c) It is the intent of the Specifications to describe a complete piece of equipment to be delivered in accordance with the Contract Documents. Any Work that may be reasonably inferred from the Specifications as being required to produce the intended result shall be supplied whether or not it is specifically called for. When words which have a well-known technical or trade meaning are used to describe Work, materials or equipment, such words shall be interpreted in accordance with such meaning. Reference to standard specifications, manual or code in effect at the time of receipt of Proposals except as may be otherwise specifically stated.

However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall change the duties and responsibilities of Owner, Supplier or any of their agents or employees from those set for the in the Contract Documents shall be issued by Owner.

(d) The Contract Documents shall be governed by the laws of the State of Georgia except to the extent required by law.

Section 2. Reuse of Documents Neither Supplier nor any Subcontractor, manufacturer, or distributor shall have or acquire any title to or ownership rights in any of the Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of Owner’s consultant and they shall not reuse any of them on extensions of the Project or any other project without written consent of Owner and specific written verification or adaptation by Owner’s consultant.

ARTICLE III: SUPPLIER’S RESPONSIBILITIES

Section 1. Supervision and Superintendence.

(a) The Supplier shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to deliver the equipment in accordance with the Contract Documents.

The Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of the Work. The Contractor shall be responsible for seeing that the finished Work complies accurately with the Contract Documents.

Section 2. Continuing the Work

The Contractor shall carry on the Work and maintain the progress schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as Contractor and Owner may otherwise agree in writing.

ARTICLE VI: CHANGES IN THE WORK

Section 1. Change Orders Without invalidating the Agreement, Owner may at any time or from time to time, order additions, deletions, or revision in the Work. These alterations will be authorized by Change Orders. Upon receipt of a Change Order, Supplier shall proceed with the Work involved. All such Work shall be executed under the applicable conditions of the Contract Price or an extension or shortening of the Contract Time, an equitable adjustment will be made as provided in Article VIII of this Division III on the basis of a claim made by either party.

Section 2. Authorization for Change Additional Work performed without authorization of a Change Order will not entitle Supplier to an increase in the Contract Price or an extension of the Contract Time, except as provided in Section 2 of this Article VII.

ARTICLE VII: CHANGE OF CONTRACT PRICE

Section 1. Contract Price

(a) The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to the Supplier for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by the Supplier shall be at his expense without change in the Contract Price.

(b) The Contract Price may only be changed by a Change Order. Any claim for an increase in the Contract Price shall be based on written notice delivered to Owner within ten (10) days of the occurrence of the event giving rise to the claim. Notice of the amount of the claim with supporting data shall be delivered within forty-five (45) days of such occurrence unless Owner allows an additional period of time to ascertain accurate cost data.

(c) The value of any Work covered by a Change Order or of any claim for an increase in the Contract Price shall be determined in one of the following ways:

1) Where the Work involved is covered by unit prices contained in the

Contract Documents, by application of unit prices to the quantities of the items involved.

2) By mutual acceptance of a lump sum.

Section 2. Adjustment of Unit Prices

(a) Whenever the cost of any Work is to be determined pursuant to Section of this

Article VIII, Supplier will submit, in form acceptable to Owner, an itemized cost breakdown together with supporting data.

(b) Where the quantity of Work with respect to any item that is covered by a unit price differs materially and significantly from the quantity of such Work indicated on the Contract Documents, an appropriate Change Order shall be issued on recommendation of Owner to adjust the unit price.

ARTICLE VIII: CHANGE OF CONTRACT TIME

Section 1. Contract Time The Contract Time may only be changed by a Change Order. Any claim for an extension in the Contract Time shall be based on written notice delivered to Owner within fifteen (15) days of the occurrence of the event giving rise to the claim. Notice of the extent of the claim with supporting data shall be delivered within forty-five (45) days of such occurrence unless Owner allows an additional period of time to ascertain more accurate data.

Section 2. Time is of the essence All time limits stated in the Contract Documents are of the essence of the Agreement. The provisions of this Article IX shall not exclude recovery for damages (including compensation for additional professional services) for delay by either party.

ARTICLE IX: WARRANTY AND GUARANTEE: TESTS AND INPECTIONS,

CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK

Supplier warrants and guarantees to Owner that all delivered equipment will be in accordance with the Contract Documents and will not be defective. Prompt notice of all defects shall be given to the Supplier. All defective Work, whether or not in place, may be rejected, corrected, or accepted as provided in this Article X.

ARTICLE X: SUSPENSION OF WORK AND TERMINATION

Section 1. Owner May Suspend Work The Owner may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety (90) days by notice in writing to the Contractor which shall fix the date on which Work shall be resumed. The Contractor shall resume the Work on the date so fixed.

The Contractor will be allowed an extension of the Contract Time, directly attributable to any suspension if he makes a claim therefore as provided in Articles VII and VIII of this Division III.

Section 2. Owner May Terminate

(a) Upon the occurrence of one or more of the following events, Owner without incurring legal liability may terminate this Agreement if any of the following occur:

(1) If Contractor is adjudged bankrupt or insolvent.

(2) If Contractor makes a general assignment for the benefit of creditors.

(3) If a trustee or receiver is appointed for Contractor or for any of Contractor’s property.

(4) If Contractor files a petition to take advantage of any debtor’s act, or to reorganize under the bankruptcy or similar laws.

(5) If Contractor repeatedly fails to make prompt payments to Subcontractors for labor or equipment.

(6) If Contractor disregards laws, ordinances, rules, regulations, or orders of any public body having jurisdiction.

(7) If Contractor disregards the authority of Owner

(8) If the Contractor otherwise violates in any substantial way any provisions of the Contract Documents.

(b) Where Contractor’s services have been terminated by Owner, the termination shall not affect any rights of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of monies due to the Contractor by Owner shall not release Contractor from liability.

(c) Upon seven (7) days written notice to the Contractor, Owner may, without cause and without prejudice to any other right or remedy, elect to abandon the Work and terminate the Agreement. In such case, Contractor shall be paid for all Work executed and any expense sustained plus reasonable termination expenses.

ARTICLE XI: PAYMENTS TO CONTRACTOR AND COMPLETION

Section 1. Final Payment and Acceptance If, on the basis of Owner’s observance of the Work during the project and final inspection, and Owner’s review of the final Application for Payment and accompanying documentation as required by the Contract Documents, and Owner is satisfied that the Work has been completed and Contractor has fulfilled all of his obligations under the Contract Documents, Owner shall, within ten (10) days after receipt of the final Application for Payment, indicate in writing his approval of payment. Otherwise, Owner will return Application to Contractor, indicating in writing the reasons for refusing to approve final payment, in which case Contractor shall make the necessary corrections and resubmit the Application. If the Application and accompanying documentation are appropriate as to form and substance, Owner shall within thirty (30) days after receipt thereof, pay Contractor.

Section 2. Contractor’s Continuing Obligation The Contractors’ obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither approval of any progress nor final payment by Owner, nor any payment by Owner to Contractor under the Contract Documents, nor any use of the Work or any part thereof by Owner, nor any act of acceptance by Owner nor any failure to do so, nor the issuance of a notice of acceptability by Owner nor any correction of defective Work by Owner shall constitute an acceptance of Work not in Accordance with the Contract Documents or a release of Contractor’s obligation to perform the Work in accordance with the Contract Documents.

Section 3. Waiver of Claims The making and acceptance of final payment shall constitute:

(a) A waiver of all claims by Owner against Contractor, except claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Section 1 or from failure to comply with the Contract Documents of the terms of any special guarantees specified therein. However, it shall not constitute a waiver by Owner of any rights in respect of Contractor’s continuing obligations under the Contract Documents; and a waiver of all claims by Contractor against Owner other than those previously made in writing and still unsettled.

ARTICLE XII: INSURANCE

During the Contractor’s performance hereunder, the Contractor shall take out and maintain insurance with the following minimum requirements:

1. Workmen’s compensation insurance covering all employees in statutory limits who perform any of the obligations assumed by the Contractor under the Proposal.

2. Public liability and property damage liability insurance covering all operations under the Proposal: limits for bodily injury or death not less than $2,000,000 for one person and $2,000,000 for each accident and $2,000,000 aggregate for accidents during the policy period.

3. Automobile liability insurance on all self-propelled vehicles used in connection with the

Proposal, whether owned, non-owned, or hired; public liability limits of not less than $2,000,000 for one person and $2,000,000 for each accident; property damage limit of $2,000,000 for each accident.

The Owner shall have the right at any time to require public liability insurance and property damage liability insurance greater than those required in (2) and (3) of this Article XIII. In any such event, the additional insurance shall be added to the contract price.

Upon request, the Contractor shall furnish to the Owner a certificate in such form to prescribe compliance with the forgoing requirements.

ARTICLE XIII: NON-ASSIGNMENT OF CONTRACT

The Contractor will not assign the Contract effected by acceptance of this Proposal, or any part thereof, or enter unto any contract with any person, firm, or corporation, for the performance of the Contractor’s obligations hereunder or any part hereof, without the approval, in writing, of the Owner and the Surety or Sureties on the Contractor’s Bond or Bonds, if any; provided, however, the Contractor may Subcontract the whole or any part of the Metering Testing Services to be performed at the metering site (as distinguished from furnishing and delivering equipment and material). If the Contractor, with the consent of the Owner and the Surety or Sureties on the Contractor’s Bond or Bonds, if any, shall enter into any Subcontract with any Subcontractor for the performance of any part of the Metering Testing Services to be performed at the metering site, the Contractor shall be as fully responsible to the Owner for the acts and omissions of such Subcontractor and of persons employed by such Subcontractor as the Contractor would be for its own acts and omissions and those of persons directly employed by it.

ARTICLE XIV: MISCELLANEOUS CONDITIONS

Section 1. Giving Notice Whenever any provision of the Contract Documents requires the giving of written notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice.

Section 2. Computation of Time When any period of time is referred to in the Contract Documents by days, it shall be computed to exclude the first and last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation.

Section 3. General

(a) Should Owner or Contractor suffer injury or damage to his person or property because of any error, omission, or act of the other party or of any of the other party’s employees or agents or others for whose acts the other party is legally liable, claim shall be made in writing to the other party within a reasonable time of the first observance of such injury or damage.

(b) The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon Contractor by Article IX of this Division III all of the rights and remedies available to Owner hereunder, shall be in addition to, and shall not be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by law or contract, by special warranty or guarantee or by other provisions of the Contract Documents, in connection with each particular duty, obligation, right and remedy to which they apply. All representation, warranties and guarantees made in the Contract Documents shall survive final payment and termination or completion of this Agreement.

Section 4. Immigration

Contractor hereby acknowledges that its compliance with the requirements of O.C.G.A. § 13-10- 91 and Georgia Comp. R. & Regs. 300-10-1.02, including but not limited to Contractor’s current and continued participation in the Federal Work Authorization Program known as “E-Verify,” https://www.e-verify.gov/ (also and previously referenced as “Employment Eligibility Verification (EEV)/Basic Pilot Program,” , is a condition of this Agreement. Upon execution of this Agreement, Contractor shall promptly attest to its compliance with O.C.G.A. § 13-10-91 and Georgia Comp. R.

& Regs. 300-10-1.02 by executing the Contractor’s Affidavit attached hereto as Attachment C. The Contractor’s Affidavit shall be attached to and become a part of this Agreement. Contractor further acknowledges that all portions of this Agreement pertaining to its compliance with O.C.G.A. § 13-10-91 and Georgia Comp. R. & Regs. 300-10-1.02, and any affidavits related thereto, shall be open for public inspection in Georgia at reasonable times during normal business hours.

(a) In addition to its participation in the E-Verify Federal Work Authorization Program, Contractor warrants that it is now, and will continue to be, in full compliance with the Immigration Reform and Control Act of 1986 (IRCA), specifically including all of its Form I-9 (“I-9”) employer verification provisions.

Contractor warrants that it will continue to properly train its staff regarding the execution and retention of these I-9 employment verification forms. Contractor warrants that it is not now, and has not ever been, subject to an I-9 employer verification audit. Contractor warrants that it has an I-9 employment verification policy that it implements throughout the company. Should Contractor ever be made aware of any government audit of its employer verification system or its I- 9’s, it will notify Owner of such an audit.

(b) Contractor warrants that any Subcontractor who will provide services pursuant to this Agreement shall comply with O.C.G.A. § 13-10-91 and Georgia Comp. R. & Regs.

300-10-1.02. Contractor shall secure the attestation of such Subcontractor’s compliance with the requirements of O.C.G.A. § 13-10-91 and Georgia Comp. R. & Regs. 300-10-1.02 by the Subcontractor’s execution of the Subcontractor’s Affidavit attached hereto as Attachment D, and any such executed Subcontractor Affidavits shall become a part of the Contractor’s agreement with the Subcontractor.

Contractor shall maintain records of all such Subcontractor Affidavits for inspection by Owner at any time. Contractor shall require all Subcontractors to register and fully participate in the E-Verify Federal Work Authorization Program to further verify work authorization of all new employees and for Subcontractors to remain in the E-Verify program. The failure of a Subcontractor to register and fully participate in the E-Verify Federal Work Authorization Program will be grounds for immediate termination of this Agreement and any other agreement with Contractor.

(c) Owner be entitled, without prior notice, to immediately terminate this Agreement and any other agreement with Contractor if, at any time, Contractor or any Subcontractor employed by Contractor to perform services under this Agreement has failed to register or fully participate in the E- Verify Federal Work Authorization Verification Program.

(d) Contractor agrees to indemnify, defend, and hold harmless the Owner for any costs, damages, or expenses, including but not limited to attorneys’ fees, related to the employment of unauthorized workers by Contractor or any Subcontractor employed by Contractor to perform services under this Agreement.

Section 5. Indemnification

Contractor and Subcontractors agree to indemnify, defend and hold harmless the City of Cartersville and their respective officers, employees and agents against any and all liability, cost, loss, damages, indebtedness, obligation, expense, causes of action, demands, claims or judgments, including, but not limited to, attorney's fees and litigation expenses, arising out of the performance of, or failure to perform, their respective duties in accordance with the Contract and the applicable Agreement or otherwise related to the Contract or an Agreement. The term "hold harmless" means to hold harmless from, indemnify and defend against, and pay promptly on demand thereof any and all liability, cost, loss, damages, indebtedness, obligation, expense (including, without limitation, attorney's fees and court costs), causes of action, demands, claims or judgments, arising out of or incurred in connection with an identified circumstance, incident, condition, relationship, time period or other matter.

DIVISION IV: SPECIFICATIONS

ARTICLE I: SCOPE OF PROJECT

The City of Cartersville intends to procure one (1) hydraulic underground puller trailer to be utilized in the course of normal underground electric distribution work.

ARTICLE II: ACCEPTANCE AND PAYMENT FOR WORK COMPLETED

The payment terms shall be NET 30 and invoicing shall occur after Contractor supplies all deliverables to the City of Cartersville, as requested.

ARTICLE V: SPECIFICATIONS

General Requirements

Trailer-mounted with electric trailer brakes T4F 71 HP diesel engine Integrated air compressor DOT-compliant lighting and adjustable pintle eye 7-pin trailer plug unless otherwise specified

Operational Features

Remote control operation CANbus operating system Data logging capability Hydraulic boom with vertical, horizontal, lateral, and telescoping adjustments Three (3) hydraulic jacks for easy setup Pulling tensions: 0 to 7,500 lbs. @ 0 to 120 feet per minute (fpm) Pulling cable: Steel, 3/8” diameter, 2,000 ft length Heavy-duty automatic levelwind with horizontal arm Dynamometer and footage counter

Included Accessories

Underground pulling connectors:

o (1) E-35-D or equivalent o (1) E-49-D or equivalent

Storage for UG-71 blocks

UG;FALCONBIRD;2.0*SCH40; SHORT;PC

UG;FALCONBIRD;4.0*SCH40; SHORT;PC

WINCHLINE BODY ASSY 2-6"

VENTURI, WINCHLINE 1/4-3/8 SET

WINCHLINE DUCT ADAPTER 2"

WINCHLINE DUCT ADAPTER 4"

WRENCH 2-1/2" NON ADJUSTABLE

BLOCK;UG-71-2.0;SCH40;NYL

BLOCK;UG-71-4.0;SCH40;NYL

DIVISION V: PROPOSAL FORMS

PROPOSAL TO PROVIDE UNDERGROUND PULLER TRAILER FOR THE

CITY OF CARTERSVILLE ELECTRIC SYSTEM

I have carefully examined the Invitation to Bid, Instructions to Contractors, General Conditions, Specifications, Bid Forms, and any other documents accompanying or made a part of this Invitation. With full knowledge and understanding of the aforesaid, I agree to abide by all conditions of this bid.

I hereby propose to provide the service specified in the Invitation at the prices quoted in my bid as indicated in the appropriate spaces on this and the attached COST OF SYSTEM COMPONENTS sheets.

I certify that I am duly authorized to submit this bid on behalf of the Contractor and that the Contractor is ready, willing, and able to perform if awarded the bid.

Prices quoted shall remain firm and irrevocable for a period of 365 days.

ADDENDA. The undersigned bidder acknowledges receipt of the following addenda, which have been considered in preparing this proposal (if applicable).

Number

Dated

Company Name:

By:

(Authorized Representative)

(Type or Print Name of Signer)

Company Address:

E-Mail Address:

Telephone Number:

Toll Free Number:

Fax Number:

COST OF SYSTEM COMPONENTS

The total cost shall equal the Proposal Price and is the Contract Proposal for the delivery of the underground puller trailer. Prices should include all labor and material.

Description Unit Price

Hydraulic Underground Puller Trailer

UG;FALCONBIRD;2.0*SCH40;SHORT;PC

UG;FALCONBIRD;4.0*SCH40;SHORT;PC

WINCHLINE BODY ASSY 2-6"

VENTURI, WINCHLINE 1/4-3/8 SET

WINCHLINE DUCT ADAPTER 2"

WRENCH 2-1/2" NON ADJUSTABLE

BLOCK;UG-71-2.0;SCH40;NYL

BLOCK;UG-71-4.0;SCH40;NYL

SHIPPING & HANDLING

Other (Please List Below)

NOTICE OF SELECTION FORM WITH SPECIAL PROVISIONS

Description of Applicable Service IFB:

City of Cartersville Invitation for Bid dated for

Underground Puller Trailer

Legal Name of Owner:

Legal Name of Contractor:

By executing this form, the Owner hereby offers to select Contractor to provide it Services for the Term pursuant to the terms set forth in the applicable IFB with the following modification and Contractor, by executing this form accepts such offer:

Owner Contractor

Name:

Title:

OWNER NOTICE OF SELECTION FORM

Description of Applicable Service IFB:

City of Cartersville Request for Proposal dated for

Underground Puller Trailer.

Legal Name of Owner:

Legal Name of Contractor:

By executing this form, the City hereby selects Contractor to provide its Services for the Term pursuant to the terms set forth in the applicable IFB.

Owner Contractor

CONTRACTOR’S ELIGIBILITY VERIFICATION AFFIDAVIT

By executing this affidavit, the undersigned contractor verifies its compliance with

O.C.G.A. Section 13-10-91 and Georgia Comp. R. & Regs. 300-10-1.02, stating affirmatively that the individual, firm, or corporation which is contracting the City of Cartersville has registered with and is participating in the federal work authorization program known as the “Employment Eligibility Verification (EEV)/Basic Pilot Program” (the “Federal Work Authorization Program”), in accordance with the requirements of O.C.G.A. Section 13-10-91 and Georgia Comp. R. & Regs.

300-10-1.02.

The undersigned further agrees that, should it employ or contract with any subcontractor in connection with the physical performance of services pursuant to the Contract or any Agreement with the City, contractor will secure from such subcontractor similar verification of compliance with O.C.G.A. Section 13-10- 91 and Georgia Comp. R. & Regs. 300-10-1.02 on the Subcontractor Affidavit provided to contractor. Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the City at the time the subcontractor is retained to perform such service.

EEV/Basic Pilot Program User Identification Number

(Contractor Name) (Date)

BY: Authorized Officer or Agent

Title of Authorized Officer or Agent of Contractor Printed Name of Authorized Agent or Officer

SUBSCRIBED AND SWORN BEFORE ME THIS DAY OF , 20

Notary Public Commission Expires

SUBCONTRACTOR’S ELIGIBILITY VERIFICATION AFFIDAVIT

By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A.

Section 13-10-91 and Georgia Comp. R. & Regs. 300-10-1.02, stating affirmatively that the individual, firm, or corporation which is contracting with on behalf of the City of Cartersville has registered with and is participating in the federal work authorization program known as the “Employment Eligibility Verification (EEV)/Basic Pilot Program” (the “Federal Work Authorization Program”), in accordance with the requirements of O.C.G.A. Section 13-10-91 and Georgia Comp. R. & Regs. 300-10-1.02.

EEV/Basic Pilot Program User Identification Number

(Contractor Name) (Date)

BY: Authorized Officer or Agent

Title of Authorized Officer or Agent of Contractor

Printed Name of Authorized Agent or Officer

SUBSCRIBED AND SWORN BEFORE ME THIS DAY OF , 20

Notary Public Commission Expires

STATEMENT OF NO BID

City of Cartersville Electric Department

ATTN: Tiffany Wood

1 N. Erwin Street

Cartersville, GA 30120

We, the undersigned, have declined to bid on your Invitation to Bid Underground Puller Trailer-for the following reason(s):

We do not offer this product or service.

Our schedule would not permit us to perform.

Unable to meet specifications.

Unable to meet bond requirements.

Other

We understand that if the Statement of No Bid letter is not executed and returned, our name may be deleted from the list of qualified bidders of the City of Cartersville Electric Department.

Company Name:

(Authorized Representative)

(Type or Print Name of Signer)

Company Address:

E-Mail Address:

Telephone Number:

Toll Free Number:

Fax Number: