Large Meter Changeout

WINSTON-SALEM/FORSYTH COUNTY UTILITIES DEPARTMENT

Bids Will Be Received Until

2:00 PM, October 28, 2026

Submit a single PDF file of your bid entitled “Bid for Large Meter Changeout IF2787” to bids@cityofws.org

INVITATION TO BID

Pursuant to N.C.G.S. 143-131 and city policy, sealed proposals endorsed “Large Meter Changeout, IF2761” will be received by City/County Purchasing, City Hall, 101 North Main Street, Winston-Salem, NC until the date and time listed above. The City reserves the right to reject any or all proposals.

Bidders must be properly licensed as required by Chapter 87 of the North Carolina General Statutes.

For instructions on submitting proposals, contact Randoll Surles at Randolls@cityofws.org (preferred) or

336-747-6939 during normal business hours. Bidders are encouraged to carefully read and understand the contents of the Bidding Documents which include this IFB and attached specifications.

The City is seeking a qualified contractor to provide all labor, supervision, equipment, tools, materials, transportation, and incidental services necessary to remove existing large water meters and furnish and install new **Master Meter Octave Ultrasonic Meters** at designated locations with a 5 year contract.

Technical questions concerning this bid should be submitted electronically to Randoll Surles at

Randolls@cityofws.org. End of Question period is 3:00 PM, October 19, 2026.

** NOTICE OF PRE-BID **

A mandatory pre-bid conference will be held at 10:00 AM, October 16, 2026 at 1410 S. Martin

Luther King Jr., Dr.

The purpose of this conference is to summarize the scope of work involved. Staff will be present to answer questions. A record of attendees will be made. (Attendance is encouraged even if it is not mandatory.)

mailto:bids@cityofws.org mailto:Randolls@cityofws.org mailto:Randolls@cityofws.org

INSTRUCTIONS TO BIDDERS

1. DEFINITION OF TERMS

Whenever used in any of the Contract Documents, the following meanings shall be given to the terms used herein:

1. The term “Owner” means the City of Winston-Salem or the City/County Utility Commission, whichever is applicable to the Contract.

2. The term “Contract” means the executed agreement between the Owner and the successful bidder, all documents contained herein, and all other documents required by the Owner and/or law to execute said agreement.

3. The term “Contractor” means the individual or entity with whom Owner has entered into the agreement.

4. The term “Engineer” means any person authorized to act on behalf of the Owner.

2. SPECIFICATIONS

It is necessary from time to time to revise otherwise standard specifications. Therefore, it is to the interest of each and every bidder to carefully read the documents contained herein before submitting prices.

Utility Construction Contracts:

A. Technical Specifications herein attached.

B. The Standard General Conditions of the Construction Contract (EJCDC’s).

3. BIDDER’S QUALIFICATIONS

For projects exceeding $30,000, consideration will be given only to Contractors who submit evidence that they are properly licensed as required by Chapter 87 of the North Carolina Licensed

General Statutes to bid and perform the work described herein as the general contractor. In addition, the Owner may make such investigations as deemed necessary to determine the ability of the Bidder to perform the work, and the Bidder shall furnish the Owner all such information and data for this purpose as the Owner may request.

The Owner reserves the right to consider as unqualified for construction any Bidder who does not perform with his own forces a minimum of ten percent (40%) of the work involved in improvements embraced in this contract.

Awarded contractor shall be authorized to conduct business in the state of North Carolina as found by checking the Secretary of State website and/or Register of Deeds office, indicating proper registration and active status. This is a condition of executing the contract.

4. INTERPRETATION OF QUANTITIES IN PROPOSAL

The quantities contained in the Proposal are approximate only and the Owner may increase or decrease the quantities as deemed necessary. Compensation received by the Contractor shall be based upon actual quantities that are completed and accepted in accordance with the terms of the

Contract.

5. INTERPRETATION AND ADDENDA

No oral interpretation will be made to any bidder as to the meaning of the contract documents or any part thereof. Every request for such an interpretation shall be made in writing to the Engineer.

Any inquiry received seven days (7) days or more prior to the date fixed for opening of bids will be given consideration. Every interpretation made to a bidder will be in the form of Addendum to the Contract Documents and, when issued, will be on file in the office of the Engineer, City/County Purchasing Department and the office of the City’s Project Engineer at least five days

(5) before the bids are opened. In addition, all Addenda will be mailed to each person holding

Contract Documents, but it shall be the bidders responsibility to make inquiry as to the Addenda issued. All such Addenda shall become part of the Contract, and all bidders shall be bound by such Addenda, whether or not received by the bidders.

6. INSPECTION OF SITE

Each bidder should visit the site of the proposed work and fully acquaint himself with the existing conditions relating to the construction project. Each bidder should fully inform himself as to the facilities involved and the difficulties and restrictions attending the performance of the Contract.

The bidder should thoroughly examine and familiarize himself with the Drawings, Technical

Specifications and all other Contract Documents. The Contractor by the execution of the Contract shall in no way be relieved of any obligation under it due to his failure to receive or examine any form or legal instrument or to visit the site and acquaint himself with the existing conditions. The

Engineer will be justified in rejecting any claim based on facts that the bidder should have been aware of as a result of his site inspection.

7. PREPARATION AND SUBMISSION OF BIDS

Please read all instructions carefully before preparing and submitting your bid.

All bids shall be prepared and submitted in accordance with the following requirements.

Failure to comply with any requirement shall cause the bid to be considered irregular and shall be grounds for rejection of the bid.

A. The itemized Proposal form furnished herein shall be used and shall not be altered in any manner. You may include only the required forms – see Item 17.

B. All entries on the itemized proposal form shall be written in ink.

C. The total amount bid shall be written in the proper place on the itemized proposal form.

D. Changes in any entry shall be made by marking through the entry in ink and making the correct entry adjacent thereto in ink. A representative of the Bidder shall initial the change in ink.

Do not use “White Out” or similar product to make corrections.

E. The bid shall be properly executed. All bids shall show the following information:

1. Name of individual, firm, corporation, partnership, or joint venture submitting bid.

2. Name of individual or representative submitting bid and position or title.

3. Name, signature, and position or title of witness.

4. Contractor's License Number (If available)

F. Bids submitted by corporations shall bear the seal of the corporation.

G. The bid shall not contain any unauthorized additions, deletions, or conditional bids.

H. The bidder shall not add any provision reserving the right to accept or reject an award, or to enter into a contract pursuant to an award.

8. CORRECTION OF BID ERRORS

Corrections to bid forms by bidders shall be made by crossing out incorrect numbers and writing in correct numbers, then initial. Do NOT use white out! Line-item subtotals will prevail in event of discrepancies.

9. UNBALANCED BIDS

The Contractor shall not submit a bid containing any unbalanced bid prices. Any unit or lump sum bid price that does not reflect reasonable actual costs that the Contractor anticipates for the performance of the item(s) in question along with a reasonable proportional share of the

Contractor’s anticipated profit, overhead cost, and other indirect costs is an unbalanced bid price.

Any bid containing unbalanced bid prices may be deemed non-responsive and rejected.

10. COLLUSIVE AGREEMENTS

Each bidder submitting a bid to the Owner for any portion of work contemplated by the documents on which bidding is based shall execute and attach thereto an affidavit, substantially in the forms provided herein, to the effect that he has not entered into a collusive agreement with any other person, firm or corporation in regard to any bid submitted. Before executing any subcontract agreement, the successful bidder shall submit the names of any proposed subcontractors for prior approval and an affidavit substantially in the form provided herein.

11. ALTERNATIVE BIDS

No alternative bids will be considered unless alternative bids are specifically requested.

12. MATERIALS

The name of a certain brand, make, manufacturer or definite specification is to denote the quality standard of the article desired and not to restrict competitive bidding. It is set forth and conveyed to prospective bidders the general style, type, character and quality of the article desired. Bidders, however, may submit to the Engineer evidence that proposed substitutions are fully up to standards specified and obtain his approval before placing orders.

13. ERRORS, OMISSIONS, AND DEVIATIONS

The Contractor is responsible for all errors, omissions, and deviations from the Contract requirements.

14. TIME FOR RECEIVING BIDS

Bids received prior to the advertised hour of opening will be securely kept, sealed. The officer whose duty it is to open them will decide when the specified time has arrived, and no bid thereafter will be considered.

15. MINIMUM NUMBER OF BIDS - (Formal Contracts Only) – NOT REQUIRED

16. RECEIPT AND OPENING OF BIDS (Informal – Electronic Submittal)

Bids are being accepted electronically only (see page 1 of document). Submit a single PDF file of your bid with subject line as described on Page 1 to randolls@cityofws.org. Bids received prior to the advertised hour of opening will remain unopened until the date and time due. The agent whose duty it is to open them will decide when the specified time has arrived, and no Bid received thereafter will be considered.

It is the Bidders responsibility to assure that the bid is received by the required deadline. If mail or delivery by other means is delayed beyond the date and hour set for the receipt of the bid, the proposals that are late will not be considered.

Bids received after the advertised hour of opening will be returned to the Bidder unopened. At the time and place fixed for the opening of Bids, the Owner will cause to be opened and publicly read aloud every Bid received within the time set for receiving Bids, irrespective of any irregularities therein. Bidders and other persons properly interested may be present in person or by representative.

17. ITEMS REQUIRED TO BE EXECUTED WITH THE BID (Informal Bid)

Failure to execute the following with the bid will be considered a non-responsive bid and the bid will not be considered:

Bid Proposal page with prices written or typed

Bid Authorization page with notarized signature mailto:randolls@cityofws.org

Non-Collusion Affidavit of Prime Bidder or Non-Collusion Affidavit

Addenda (include if issued – only first page with signature required in bid package)

NOTE: The Contractor may be asked elsewhere in this proposal to submit additional forms or information specific to this project with their bid. If such is requested by the City or its consultant, failure to submit such as noted may be construed as non-responsive and the bid may not be considered. Therefore, please review the entire proposal carefully.

18. Not required.

19. BID GUARANTEE – NOT REQUIRED

20. PERFORMANCE AND PAYMENT BOND – REQUIRED FOR PROJECTS OVER $300,000

A. Having satisfied all conditions of the award set forth elsewhere in these documents, the successful bidder(s) shall furnish, within ten (10) days after award, the following:

1. A Performance Bond in the amount of one hundred percent (100%) of the Construction

Contract amount, conditioned upon the faithful performance of the Contract in accordance with the plans, specifications and conditions of the Contract. Such bond shall be solely for the protection of the contracting body which awarded the Contract.

2. A Payment Bond in the amount of one hundred percent (100%) of the Construction Contract amount, conditioned upon the prompt payment for all labor or materials for which a Contractor or Subcontractor is liable. The Payment Bond shall be solely for the protection of the persons furnishing materials or performing labor for which a Contractor or Subcontractor is liable.

B. Such bond shall be in the same form as that indicated in the contract documents and shall bear the same date subsequent to that of the agreement. The current Power of Attorney for the person who signs for any surety shall be attached to such bond. This bond shall be signed by a guarantee or surety company licensed to do business in the State of North Carolina and the agent MUST be a

North Carolina resident.

The failure of the successful bidder to supply the required bonds within ten (10) days after award, or within such extended period as the Owner may grant, shall constitute a default; and the Owner may either award the contract to the next lowest responsible bidder or re advertise for bids. If the successful bidder fails to provide satisfactory surety, the Owner shall retain the bid guarantee as outlined in these instructions.

21. WARRANTY

The Contractor shall guarantee all materials, workmanship and construction for a period of one year (or the period stated in the bid specifications if greater) from the date of acceptance. During the warranty period, any defects, malfunctions or failures, which affect the integrity or strength of the product or its ability to perform the task for which it was designed, shall be repaired or replaced at the Contractor’s expense. The Performance Bond, if applicable, shall remain in full effect through the warranty period.

22. WITHDRAWAL OF BIDS

Bids may be withdrawn on written or electronic request dispatched by the bidder in time for delivery in the normal course of business prior to the time fixed for opening. Bids may also be withdrawn after the public opening if an unintentional, substantial error is made by the contractor, and it can be proven that the error was arithmetic or an omission as opposed to judgment. The request to withdraw a bid must be made in writing to the Owner’s representative within seventy-two hours (72) after the opening of bids. Any bidder considering a withdrawal should acquaint himself with the provisions of North Carolina General Statute 143-129.1.

23. AWARD OF CONTRACT; REJECTION OF BIDS

A. The Owner reserves the right to hold bids for a period of ninety (90) days, unless specified otherwise in the advertisement for bids, after the bid opening before awarding the Contract for the purpose of reviewing the bids and investigating the qualifications of the Bidders.

B. The Owner intends to award a contract to the lowest responsive, responsible bidder, complying with the conditions of the bidding documents. The apparent winning bidder will be notified of these intentions at the earliest possible date. The Owner, however, may at its sole discretion reject any or all bids submitted and to waive any informality in the bidding procedures. The Owner reserves the right to award a contract that is in the best interest of the City.

C. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such Bidder fails to satisfy the Owner that such Bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein.

24. INSURANCE REQUIREMENTS

The successful bidder will be required to show proof of insurance as outlined in the General

Insurance Requirements below. The City of Winston-Salem or the City/County Utility

Commission must be named as additional insured. Work shall not begin until this provision has been satisfied and a Purchase Order issued.

25. EXECUTION OF AGREEMENT

The successful Bidder will be required to execute a Construction Contract herein included by reference within ten days (10) days after award and presentation of contract documents. The successful bidder(s) shall execute and deliver to the Owner in such number of copies as the Owner may require. The failure of the successful bidder to execute such agreement within ten (10) days after award, or within such extended period as the Owner may grant, shall constitute a default; and the Owner reserves the right to either award the contract to the next lowest responsible bidder or re-advertise for bids. If the successful bidder fails to execute the contract, the Owner may retain the bid guarantee as outlined in these instructions.

26. TERMINATION

Unless otherwise agreed upon in writing by the parties, this Agreement may be terminated by either party for convenience with no less than ten calendar days’ notice. In the event of termination, the Contractor will be paid for all Services properly rendered to the date of termination and shall promptly discontinue all Services affected (unless a termination notice from the City directs otherwise). In the event of any termination, the Contractor will be paid for all

Services properly rendered to the date of termination and shall (i) promptly discontinue all

Services affected (unless a termination notice from the City directs otherwise); and (ii) deliver to the City all documents, data, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Contractor in performing the Services herein.

Other than being paid for Services properly rendered to the date of termination, Contractor hereby waives any and all other claims for lost profits, lost opportunity, and for any and all other direct, indirect, special, and consequential damages. In the event that the City terminates this Agreement due to the Contractor’s poor workmanship, failure to perform the Service set out herein or, otherwise, for breach of this Agreement, or in the event that the Contractor terminates this

Agreement for convenience or otherwise, the City may pursue and recover all remedies available at law or in equity, as these remedies are cumulative and do not exclude each other.

27. PERFORMANCE OF THE CONTRACT

Winston-Salem City Code (Chapter 2, Article 1, Sec. 2-3) provides that the City may disqualify

Contractors from bidding on contracts of the City if a Contractor fails to perform satisfactorily on past or current projects. Failure to complete work within contract time limits and/or meeting required quality levels are factors that could make a Contractor ineligible to bid on future City projects. Satisfactory performance on a job includes performing work to City standards (including all safety and labor laws), working cooperatively with the Owner’s inspector and citizens, and completing the project in the time period stated in the contract.

28. OSHA COMPLIANCE PLAN/POLICY

Contractor hereby acknowledges that it has reviewed and agrees to abide by the City’s “Safety and

Environmental Requirements for Contractors” located on the City’s website whose specific address is: https://www.cityofws.org/DocumentCenter/View/2090

Contractor will be required to submit a copy of the company’s current written OSHA Compliance

Plan/policy within 48 hours of request. No field work shall take place until the plan has been submitted and reviewed by the City Safety Officer.

29. BID PROTEST PROCEDURE

Any party which is a prospective bidder, Offeror, or contractor that may be aggrieved by the solicitation must submit a written protest within five (5) calendar days prior to the opening of the

Request for Bid, Request for Proposal.

Any party which is an actual bidder, Offeror, or contractor that may be aggrieved by the award of a contract, must submit a written protest within five (5) days of City transmitting via fax or email the announcement of intent to award.

The protest must be addressed to the Purchasing Director, City of Winston-Salem, PO Box 2511, Winston-Salem, NC 27102 and must include all the following information:

1. Name, address, telephone number, facsimile number and e-mail of the protester.

2. Signature of the protester or authorized agent.

3. The bid name and number.

4. A detailed statement of the legal and factual grounds of protest including copies of relevant documents.

5. Any supporting exhibits, evidence, or documents to substantiate any claims.

6. All information establishing that the protester is an interested party for the purpose of filing a protest.

7. The form of relief requested.

After careful consideration of all relevant information, and consultation with the City Attorney, the Purchasing Director shall make a written decision.

A decision of the Purchasing Director may be appealed to the City Manager or City Council, depending on the type of bid. An appeal must be in writing and be delivered to the City Manager, 101 North Main Street, Winston-Salem, N.C. 27102, within seven (7) calendar days of the date of the Purchasing Director faxed or emailed decision.

Any and all costs incurred by a protesting party in connection with a protest shall be the sole responsibility of the protesting party.

30. STIMULATION OF THE LOCAL ECONOMY

https://www.cityofws.org/DocumentCenter/View/2090

In an effort to stimulate the local economy, foster development and promote efficiency in the provision of city services and the completion of various city projects, the City of Winston-Salem has undertaken an initiative to strongly encourage all parties contracting with the City of Winston-

Salem to evaluate their internal operations and hiring practices and, where appropriate, to initiate efforts to stimulate the local economy by hiring applicants and contractors from the Winston-

Salem/Forsyth County Area and by utilizing contractors and service providers. Such efforts to stimulate the local economy may be accomplished by posting job vacancies with the North

Carolina Employment Security Commission, the Piedmont Triad Regional Council of

Governments, and other local resources for the City of Winston-Salem based contractors and subcontractors. Stimulation of the local economy requires a collaborative effort of both the public and private sector. The city is committed to taking reasonable steps to achieve said goal.

31. WORKFORCE DEMOGRAPHICS - (Formal Only)

Not Required

32. PAYMENTS TO SUBCONTRACTORS (see also section Final Payment)

Winston-Salem City Code, Chapter 2, Section 2-3 “Related to Disqualification of Bidders” –

Based upon concerns about the non-payment of subcontractors and efforts to hold contractors accountable for paying subcontractors in a timely manner, the City’s Ordinance related to the disqualification of bidders has been amended to allow the City to remove a bidder from the bidders’ list for future city construction and repair contracts for failure to make, on more than one occasion with the same or a different subcontractor and on the same or a different City project, timely payments to subcontractors without a reasonable basis, as determined by the city, for such payment failure. The contractor has an opportunity to appeal the City Manager’s removal decision to City Council. If said decision is not appealed or an appeal is not timely filed, the decision becomes final. The period of removal shall not exceed three years. The current ordinance provides a requalification process which the contractor may pursue upon expiration of the removal period.

This City code can be viewed at:

https://library.municode.com/nc/winston-salem/codes/code_of_ordinances?nodeId=PTIIICOOR_CH2AD_ARTIINGE_S2-3DICOBICORECO

33. FAMILIARITY WITH LAWS

It is assumed that the bidders are familiar with local, state and federal laws, rules, ordinances, and regulations that may in any manner affect those engaged or employed in the work, or the materials or equipment used in or upon the work, or in any way affect the conduct of the work. No plea for misunderstanding or ignorance on the part of the contractor will in any way serve to modify the provisions of the contract.

It is the expectation of the City that the Contractor will comply, and the Contractor agrees to comply, with all applicable federal immigration laws in its hiring and contracting practices relating to services covered by this contract involving City funds.

The Contractor agrees that in carrying out the contract he will comply with all applicable, federal, state and local laws, specifically including, without limitations, the Occupational Safety and

Health Act of 1970 and Section 1324A, The Immigration Reform and Control Act.

EQUAL EMPLOYMENT OPPORTUNITY / ADA

The Contractor shall not discriminate against any employee or applicant for employment because of race, creed, color, religion, national origin, political affiliation, gender, age or disability. The contractor shall comply with all applicable laws and regulations regarding the American with

Disabilities Act (www.ADA.gov) as amended from time to time and all rules and regulations https://library.municode.com/nc/winston-salem/codes/code_of_ordinances?nodeId=PTIIICOOR_CH2AD_ARTIINGE_S2-3DICOBICORECO https://library.municode.com/nc/winston-salem/codes/code_of_ordinances?nodeId=PTIIICOOR_CH2AD_ARTIINGE_S2-3DICOBICORECO promulgated thereunder and other laws and regulations pertaining to equal employment. The

Contractor hereby agrees to indemnify the Owner from and against all claims, suits, damages, costs, losses and expenses in any manner arising out of or connected with the failure of the contractor, its subcontractors, agents, successors, assigns, officers or employees to comply with the provisions of the ADA or rules and regulations promulgated thereunder. The Contractor agrees to act affirmatively in its employment and promotion practices, and in the general treatment of its employees.

EQUAL EMPLOYMENT OPPORTUNITY

Attention of bidders is particularly called to the requirement for ensuring that employees and applicants for employment are not discriminated against because of race, color, religion, gender, political affiliation, national origin or handicapped.

AMERICAN WITH DISABILITIES ACT (ADA)

The contractor shall comply with the provisions of the Americans with Disabilities Act (ADA)

(www.ADA.gov) as amended from time to time and all rules and regulations promulgated thereunder. The Contractor hereby agrees to indemnify the Owner from and against all claims, suits, damages, costs, losses and expenses in any manner arising out of or connected with the failure of the contractor, its subcontractors, agents, successors, assigns, officers or employees to comply with the provisions of the ADA or rules and regulations promulgated thereunder.

34. ETHICS POLICY / CODE OF CONDUCT

The City of Winston-Salem has established guidelines for ethical standards of conduct for City representatives and to provide guidance in determining what conduct is appropriate in particular cases. City representatives should maintain high standards of personal integrity, truthfulness, honesty, and fairness in carrying out public duties; avoid any improprieties in their roles as public servants including the appearance of impropriety; and never use their position or power for improper personal gain. In establishing an ethics policy, the City of Winston-Salem desires to protect the public against decisions that are affected by undue influence, conflicts of interest, or any other violation of these policies as well as promote and strengthen the confidence of the public in their governing body. For a complete review of the City Policy click the following link:

https://www.cityofws.org/DocumentCenter/View/2183/Ethics-Policy-PDF

35. TAXES

FEDERAL: The City of Winston-Salem and Forsyth County are exempt from and will not pay

Federal Excise or Transportation taxes.

STATE: Applicable North Carolina Sales and Use Taxes shall not be shown on bids but shall be added to invoices as a separate item.

36. NORTH CAROLINA SALES TAX

The Owner may apply for a refund of all sales and/or use taxes paid in North Carolina by the

Contractor on purchases of items which are annexed to, affixed to, or in some manner become a part of any building or structure being erected, altered or repaired under Contract with the Owner;

and these taxes shall not be included in the bid amounts or the Contract sum. The Owner may not apply for a refund of sales and/or use taxes paid in North Carolina by the Contractor on purchases of materials which do not become a part of any building or structure being erected, altered or repaired under Contract with the Owner. The Contractor shall include and pay all other taxes imposed by governmental authorities which are applicable to the work.

The Contractor will be reimbursed for applicable sales and/or use taxes he has paid in North

Carolina (which the Owner may apply for a refund - see first paragraph of this section) on each monthly estimate, provided he bills them separately. Examples of items on which sales or use tax http://www.ada.gov/ https://www.cityofws.org/DocumentCenter/View/2183/Ethics-Policy-PDF have been paid by the Contractor and for which the Contractor will not be reimbursed by the

Owner are scaffolding, forms for concrete, fuel for the operation of machinery and equipment, tools, equipment repair parts and equipment rentals, blueprints, etc. The Contractor shall complete a "Certificate for North Carolina Sales Tax" form (included at the end of this document).

In addition, the Contractor shall attach invoices (or copies of invoices) from his vendors covering sales tax claimed. The "Certificate for North Carolina Sales Tax" form must include all sales and or use taxes paid by the Contractor and any of his Subcontractors (i.e., all sales tax eligible for reimbursement). The Contractor shall apply for sales tax reimbursement with each monthly estimate, and within sixty (60) days of the date the item was purchased. The Contractor willfully forfeits reimbursement if submittal is not made within allotted time. The Contractor is not eligible for any reimbursement of sales tax after final payment is made.

37. FINAL PAYMENT

Prior to final payment, the Contractor will be required to submit the Contractor’s Affidavit, Release and Waiver of Claims form as shown at the end of this proposal and any other required affidavits or forms required in this contract (i.e. M/WBE reporting forms, warranties, etc.).

Payment of the final amount due the Contractor shall release the Owner from any and all claims or liabilities on account of the work performed and the materials furnished upon the work.

Whenever in the opinion of the Engineer the work proposed shall have been completely performed on the part of the Contractor and after the final acceptance of the work, the Owner will proceed with all reasonable diligence to make the final payment, excepting therefrom such sum or sums as may be lawfully retained under any of the provisions of the Contract. The Contractor hereby further agrees that it shall not be entitled to demand or receive payment on partial or final estimates, except in the manner set forth in the Contract. The Contractor further agrees to procure full releases of all claims from all persons who have furnished materials or labor for the work.

38. RETAINAGE

N.C.G.S. 142-134.1- prohibits retainage on public projects that cost less than $100,000.00 in total.

For projects over $100,000.00 the owner may retain no more that 5% per periodic payment owed to the prime contractor until the project is 50% complete. At 50% completion no further retainage is allowed as long as performance is satisfactory. Release of all retainage is required upon beneficial occupancy of the project or when a certificate of substantial completion is issued. The owner may, at its discretion, retain up to 2 ½ times the value of remaining work in order to secure completion or correction of that work. The Owner may withhold greater amounts of retainage for unsatisfactory job progress, defective construction not remedied, disputed work, or third- party claims filed against the Owner or reasonable evidence that a third-party claim will be filed.

39. FINANCIAL CAPACITY and RESOURCES

In determining the lowest responsible, responsive bidder, the City will conduct an evaluation of the financial capacity, strength and resources of the contractor in an effort to ensure timely and satisfactory completion of the project and to protect the City from the risk of default by a contractor due to financial instability. The analysis will include an evaluation of specific financial indices and ratios in an effort to maximize objectivity and provide measures that are more directly comparable among contractors. Relevant information regarding judgments, liens, litigation and bankruptcy filings, which may materially affect a contractor’s financial strength or position, will be examined. In addition to credit ratings and credit reports, bank and vendor references may be used to evaluate the credit worthiness of each contractor. The City may also look at other facts including but not limited to the years of experience in performing similar work/projects, timeliness in paying subcontractors and demonstration of the contractor’s ability to obtain sufficient levels of liability and property damage insurance. The Contractor understands that if the City determines that the Contractor’s financial capacity, strength and resources are inadequate for the project or contract upon which the Contractor has placed a bid, the City may consider and reject the

Contractor/Contractor’s bid as the lowest responsible responsive bidder/ bid.

40. OUTSTANDING DEBT OR OBLIGATION

See also “Financial Capacity and Resources”. If there is an outstanding debt or obligation due the

City, Contractor acknowledges that the City reserves the right to not award this contract or to structure a payment agreement with said Contractor. The City may otherwise opt to offset any payments otherwise due the Contractor for this contract, and Contractor must agree to such terms if awarded this contract. If the Contractor assigns any monies due or to become due under this

Agreement, such assignment will be subject to all set-offs in favor of the City.

41. RIGHT TO AUDIT

To confirm compliance with the terms of this Agreement, the City's local, state, and federal laws and regulations, the City may, at all reasonable times upon reasonable prior notice during usual business hours, inspect, audit and examine for a period up to five (5) years after completion of the service or project detailed in this Agreement, all accounts and books of Contractor and, where necessary, make copies of the Contractor's documents necessary to determine compliance. Such right may be exercised through any agent or employee of City or by independent certified public accountants designated by the City. The Contractor shall permit the aforementioned inspection, audit and examination, and where necessary, the City to make copies of documents verifying compliance as indicated herein.

42. E-VERIFY COMPLIANCE

Per N.C.G.S. 143-133.3, Contractor compliance with federal E-Verify Law is required and will be so stated in the contract agreement. Contractor shall comply with the requirements of Article 2 of

Chapter 64 of the North Carolina General Statutes. Further, if the Contractor utilizes a subcontractor, the Contractor shall require the subcontractor to comply with the requirements of

Article 2 of Chapter 64 of the North Carolina General Statutes.

43. IRAN DIVESTMENT ACT

Provider hereby certifies that it is not on the North Carolina State Treasurer’s list of persons engaging in business activities in Iran, prepared pursuant to NCGS 147-86.58, nor will Provider utilize on this agreement any subcontractor on such list.

44. DIVESTMENT FROM COMPANIES THAT BOYCOTT ISRAEL

Contractor hereby certifies that it is not on the North Carolina State Treasurer’s list of companies engaged in a boycott of Israel in violation of NCGS 147-86.80 et. seq. and that it will not utilize on this agreement any subcontractor on said list.

45. PUBLIC RECORDS AND CONFIDENTIAL INFORMATION

All non-confidential information and documents provided by the Company to the City shall be treated as a public record under N.C.G.S. 132-1 et. seq. All information or documents provided by the Company to the City and marked as “confidential” or with a similar designation under N.C.G.S.

132-1.2 will be treated by the City as confidential and will not be disclosed to any person without the prior written consent of the Company, if it meets the criteria outlined in N.C.G.S. 132-1.2 (1)(a through d). However, the Company hereby agrees that said confidential information can be reviewed internally by city staff and any appropriate city committee involved in the process of awarding city contracts. The Company agrees to indemnify and hold harmless the City, its officers, employees, elected officials and agents from all costs, damages, and expenses incurred in connection with refusing to disclose any material that the Company has designated as confidential pursuant to N.C.G.S. 132-1.2.

46. NONDISCRIMINATION ORDINANCE

As a condition of entering into this contact, the Contractor represents and warrants that it will fully comply with the City's Non-Discrimination Policy, as set forth in Chapter 2, Section 2-8 Entitled

“Policy of Nondiscrimination” of the Winston-Salem City Code. As part of such compliance, the

Contractor shall not discriminate on the basis of race, ethnicity, color, creed, religion, sex, sexual orientation, gender identity, gender expression, pregnancy, veteran status, disability, age, marital status, familial status, protected hairstyle, political affiliation or national origin in the screening of applicants, the hiring and treatment of its employees, the provision of the goods and/or services set forth herein, or the solicitation, selection, hiring, or treatment of its subcontractors, vendors or suppliers, (hereinafter collectively “subcontractors”), if any, in connection with this contract or the contract solicitation process if applicable, nor shall the Contractor retaliate against any person or entity for reporting instances of such discrimination. The Contractor shall enact employment policies consistent with this obligation to refrain from such discrimination and shall provide evidence of such to the City within 90 calendar days of the first receipt of City funds. The

Contractor shall provide equal opportunity for subcontractors to participate in all of its subcontracting and supply opportunities, if any, under this contract, provided that nothing contained in this clause shall prohibit or limit otherwise lawful efforts to remedy the effects of marketplace discrimination that has occurred or is occurring in the marketplace. The Contractor understands and agrees that a violation of this clause shall be considered a material breach of this contract and may result in termination of this contract, disqualification of the Contractor from participating in future City contracts pursuant to Winston-Salem City Code Section 2-3 or other sanctions. Furthermore, as a condition of entering into this contract, the Contractor agrees to: (a) promptly provide to the City in a format specified by the City all information and documentation that may be requested by the City from time to time regarding the screening of applicants, the hiring and treatment of its employees particularly if City funds were used in connection with hiring and compensation process, and the solicitation, selection, treatment and payment of subcontractors, if any, in connection with this Agreement; and (b) if requested, provide to the City within sixty days after the request a truthful and complete list of the names of all subcontractors that the Grantee has used under this contract, including the total dollar amount paid by the

Contractor on each subcontract or supply contract. The Contractor further agrees to fully cooperate in any investigation conducted by the City pursuant to the City’s Nondiscrimination Policy, to provide any documents, relevant to such investigation, that are requested by the City. The

Contractor agrees to provide to the City from time to time on the City’s request, payment affidavits detailing the amounts paid by the Contractor to subcontractors and suppliers in connection with this contract within a certain period of time. Such affidavits shall be in the format specified by the City from time to time. Nothing in this contract shall negate or diminish the requirements of the City’s program. Nothing in this contract shall infringe upon any rights afforded to the Contractor by state or federal law.

47. NON-APPROPRIATIONS CLAUSE

The City’s obligations under this contract are contingent upon funds being appropriated from which payment can be made under this contract. In the event the City of Winston-Salem does not appropriate funds or sufficient funds for this contract in any given fiscal year, the City of Winston-

Salem has the right, in any given fiscal year, to terminate this contract without penalty or liability of any sort.

GENERAL INSURANCE REQUIREMENTS - CONSTRUCTION

A. The Contractor shall, during the continuance of all work under the Contract, provide the following

1. Workers' Compensation Insurance as required by the North Carolina General Statutes.

2. Commercial General Liability to protect the Contractor against any and all injuries to third parties, including personal injury and property, and special and consequential damages, resulting from any negligent action, omission or operation by the Contractor or in connection with the services described herein. The insurance shall also include, coverage for explosion, collapse, and underground hazards, where required. This insurance shall provide bodily injury and property damage limits of not less than $1,000,000 for each occurrence, respectively, and $3,000,000.00 for an annual aggregate and shall provide at least $5,000 in Medical Expenses (Med Pay) coverage.

3. Maintain Owned, non-owned, and hired Automobile Liability insurance, including property damage insurance, covering all owned, non-owned, borrowed, leased, or rented vehicles operated by the Contractor in furtherance of these services. In addition, all mobile equipment used by the Contractor in connection with the contract work, will be insured under either a standard Automobile Liability policy, or a Commercial General Liability policy. This insurance shall provide bodily injury and property damages limits of not less than $1,000,000 combined single limit/each accident.

4. If this Agreement is for a design, engineering or consulting Service, maintain Professional Liability insurance of at least $1,000,000.00 per incident.

B. The Contractor will provide an original, signed Certificate of Insurance, evidencing such insurance and such endorsements as prescribed herein, and shall submit the certificate with its executed contract. The City of Winston-Salem shall be named as an additional insured in the Automobile and General Liability policies and it shall be stated on the Insurance Certificate with the provision that this coverage is primary to all other coverage the City of Winston-Salem may possess.

C. The Contractor will secure and maintain all insurance policies of its subcontractors which shall be made available to the City of Winston-Salem on demand. Compliance by the Contractor and all subcontractors with the foregoing requirements as to carrying insurance shall not relieve the Contractor and all subcontractors of their liabilities and obligations under this heading or under any other section or provisions of the Contract.

D. The Contractor will provide on demand certificate copies of all insurance coverage on behalf of the

Contract within ten days of demand by the City of Winston-Salem. These certified copies shall be sent to the City of Winston-Salem from the Contractor's insurance agent or representative.

E. The Contractor shall furnish the City of Winston-Salem thirty days written notice of any changes or cancellation of the policy. The failure of the contractor to deliver a new and valid certificate will result in suspension of all payments until the new certificate is furnished to the Risk Manager, City of Winston-Salem.

F. Insurance coverage required in these specifications shall be in force throughout the Contract Term.

Should the Contractor fail to provide acceptable evidence of current insurance within seven days of written notice at any time during the Contract Term, the City of Winston-Salem shall have the absolute right to terminate the Contract without any further obligation to the Contractor, and the Contractor shall be liable to the City of Winston-Salem for the entire additional cost of procuring the uncompleted portion of the contract at time of termination.

GENERAL INSURANCE REQUIREMENTS - CONSTRUCTION

G. Contractual and other Liability insurance provided under this Contract shall not contain a supervision inspection or engineering services exclusion that would preclude the City of Winston-Salem from supervising and/or inspecting the project as to the end result. The Contractor shall assume all on-the-job responsibilities as to the control of persons directly employed by it and of the subcontractors and any persons employed by the subcontractor.

H. Nothing contained in the specifications shall be construed as creating any contractual relationship between any subcontractor and the City of Winston-Salem. The Contractor shall be as fully responsible to the City of Winston-Salem for the acts and omissions of the subcontractors and of persons employed by them as it is for acts and omissions of persons directly employed by it.

I. Precaution shall be exercised at all times for the protection of persons, (including employees) and property. All existing structures, utilities, roads, services, trees and shrubbery shall be protected against damage or interruption of service at all times by the Contractor during the term of the Contract, and the Contractor shall be held responsible for any damage to property occurring by reason of its operation on the property.

J. The Contractor and all subcontractors and sub-subcontractors agrees to comply with the State of

North Carolina Occupational/Safety and Health Act and the Occupational Safety and Health Act of 1970, Public Law 91-956, as it may apply to this Contract.

Address for Certificate of Insurance:

City of Winston-Salem

Purchasing

P.O. Box 2511

Winston-Salem, NC 27102

PROPOSAL FORM

BIDDERS:

The City of Winston-Salem wishes to enter into 5-year contract for its Large Meter Utility Changeout project. The

City reserves the right to cancel or not extend the contract at any time and/or at renewal junctures, whether due to discontinuing use of the meter, budget constraints, or without cause.

NOTE: All quantities shown are estimated. The City reserves the right to purchase more or less than these amounts at the firm contract cost during each contract term. All purchases made under the contract in subsequent fiscal years are subject to appropriations by the City Council of the City of Winston-Salem to cover such purchases.

The Initial Contract Period is Date of Award, through October 30, 2027. All unit prices shall be firm for this initial contract period. After this initial period, the vendor or City may request to extend this contract for 4(Four) additional 12-month periods. A request for a unit price increase shall be made in writing along with industry documentation to substantiate the request. The Purchasing Department will verify the request using the latest available PPI data noted below. The City reserves the right to not accept the increase, and furthermore expects its vendors to give it the benefit of any industry-wide price reduction at any renewal as measured by the same index or based on present market prices, whichever applies or is more favorable to the City of Winston-Salem. Any contract extension is subject to the continuation of usage and availability of funds.

Renewable term contract. The city reserves the right to extend this contract for as many as Four (4) additional 12-month periods (through October 30, 2031). The vendor may increase prices at the beginning of each additional

(annual) period by an amount not to exceed the latest available Producer Price Index (PPI) data as reported on the

U.S. Department of Labor Bureau of Labor Statistics website https://www.bls.gov/ppi/tables.htm at the time the extension is pursued (approximately 60 days ahead of renewal date). A properly executed purchase order shall be evidence of an extension agreed to by the parties and that said purchase order shall become a self-executing amendment to the contract.

This project includes approximately 182 large meter changeouts that are in various sizes. The contractor shall coordinate all work with the Owner to minimize disruption to public water service and maintain safe working conditions throughout the installation of new Master Meter Octave Ultasonic Meters at designated locations.

PROJECT TIMELINE:

Notice of Award: ~mid October

Notice to Proceed: ~ Late October

Construction Duration: 60 days

Liquidated Damages: $250 / day

The undersigned bidder affirms and declares that he/she has carefully examined the Specifications which are acknowledged to be a part of this proposal and agrees to provide all labor, materials, equipment, supervision, insurance, permits, as well as abide by all local, state and federal codes, rules, laws, regulations, ordinances applicable as described within the attached Specifications for the following sum to wit:

BIDDER NAME:…