Line Clearance Tree Trimming and Removal.pdf

REQUEST FOR PROPOSALS: RFP# 2526-44

TITLE: LINE CLEARANCE TREE TRIMMING

AND REMOVAL - ANNUAL

CONTRACT

ISSUING AGENCY: CITY OF WILSON (Attn: Purchasing)

P.O. BOX 10

WILSON, NC 27894-0010

ISSUE DATE: 06/09/2026

QUESTIONS DUE: 06/16/2026 by 5:00pm

OPENING DATE: 06/30/2026 at 2:00pm

SCOPE: The City of Wilson is accepting bids for performing electric line clearance tree trimming and removal along the City of Wilson – Wilson Energy (WE) electric distribution system for an annual contract on a time and equipment basis per the below specific requirements and information in this document.

Instructions to Bidders: Indicate CONTRACTOR NAME, TITLE (above), and RFP number (above) on the front of each sealed proposal envelope or package.

Sealed proposals, subject to the terms and conditions made a part hereof will be received until 2:00 p.m. on the opening date (above) in the office of the Purchasing Manager, Operations Center, Purchasing Department / Warehouse, 1800 Herring Ave., Wilson, NC.

SEND ALL PROPOSALS DIRECTLY TO THE ISSUING AGENCY ADDRESS

SHOWN ABOVE.

Direct all inquiries concerning this RFP to: Ricky Wilson rvwilson@wilsonnc.org

SUBMISSION OF A BID IN RESPONSE TO THE REQUEST CONSTITUTES ACCEPTANCE OF

ALL TERMS AND CONDITIONS HEREIN

Bidders may hand deliver RFPs to the Purchasing Office, or if preferred, UPS and FedEx make daily deliveries to our office. If using any other delivery method allow ample time for delivery.

mailto:rvwilson@wilsonnc.org

LINE CLEARANCE TREE TRIMMING and REMOVAL

1. General

1.1. Perform electric line clearance tree trimming and removal along the City of

Wilson – Wilson Energy (WE) electric distribution system on a time and equipment basis. The term length of the contract shall be one (1) year, renewable upon WE and contractor agreement for up to two (2) additional years. Pending budget approval, the contract will begin in August 2026.

1.2. All prices offered herein shall be firm against any price increase for one (1) year from the effective date of the contract. Afterwards, price increases shall be allowed if the vendor can show increased cost due to labor, fuel cost, etc.

1.3. Company shall be licensed and experienced in performing tree trimming around electrical conductors energized at 23/13.2 kV, 12.47/7.2 kV and 115 kV.

1.4. Safety is of the utmost importance to WE. All work performed shall be in compliance with any and all WE, OSHA and NESC requirements for performing work of this nature, all federal, state, and local regulations, industry standards, the latest revision of ANSI A300 regarding Tree, Shrub, and Other Woody Plant

Maintenance – Standard Practices (Pruning), and Dr. Alex L. Shigo’s booklet entitled “Pruning Trees Near Electric Utility Lines”.

1.5. The Company awarded the contract shall be responsible for providing all labor, equipment, transportation and insurances necessary to perform the work and shall provide any and all traffic cones, traffic signs or other safety equipment necessary in performing the requirements of this contract.

1.6. All work is to be performed during daylight hours 6:30 AM – 5:00 PM Monday through Friday excluding City holidays.

1.7. All equipment provided in support of this contract must not be older than three

(3) years at the start of this contract and must be properly maintained or replaced as needed for the entirety of the contract.

2. Employee Qualifications

2.1. Company shall provide only “qualified employee” or “line-clearance tree trimmers” as defined by OSHA 26CFR1910.269, trained and experienced in trimming, pruning and removal of vegetation near 23/13.2 kV, 12.47/7.2 kV and

115 kV energized power lines.

2.2. These workers shall be considered to be “qualified persons” for the purpose of

OSHA 1910.331(c) (1). Company shall be responsible for ensuring that personnel are aware of the minimum approach distances allowed by OSHA and maintain the appropriate approach distance based on the employee’s experience and training.

2.3. The contractor shall at all times be responsible for the conduct and discipline of his employees. Any employee who, in the opinion of WE does not perform their work in a skillful manner, or appears to be incompetent, act improperly or is rude to the public/customers shall, at the written request of WE, be removed immediately and not be present going forward in any portion of the work.

2.4. Each line-clearance tree trimmer shall also be trained and competent in:

2.4.1. The skills and techniques necessary to distinguish exposed live parts from other parts of electric equipment.

2.4.2. The skills and techniques necessary to determine the nominal voltage of exposed live parts.

2.4.3. The minimum approach distances specified in this section corresponding to the voltages to which the employee will be exposed and the skills and techniques necessary to maintain those distances.

2.4.4. Furthermore, the contractor shall assure that the employees are provided with and utilize proper Personal Protective Equipment including but not limited to Flame retardant clothing which is necessary to minimize or eliminate injuries due to electrical arc flash injuries when working within the arc protection boundary. It is the contractor’s responsibility to determine the arc protection boundary and the incident energy levels which the employees will be exposed.

3. General Specifications

3.1. Company is to remove all branches less than or equal to 10 inches in diameter at the reach height from a 65’ bucket truck or to the top of the utility pole whichever is greater within the following horizontal or vertical distance from the outer most conductor on the trimming side:

3.1.1. Primary Transmission Voltage Lines: Fifty Feet (50’) or established right of way shall be trimmed from ground to sky

3.1.2. Primary Distribution Voltage Lines: Fifteen Feet (15’) or established right of way

3.1.3. Guy Span: Fifteen Feet (15’)

3.1.4. Distribution Secondary Voltage Lines: Six Feet (3’)

3.1.5. Below Neutral: Six Feet (6’)

3.1.6. All established R-O-W shall be mowed or mulched with a Fecon head or equivalent

3.2. Trimming for service lines from pole to buildings is not required a part of this contract.

3.3. All brush and logs are to be removed daily.

3.4. Brush, vines and undesirable woody vegetation shall be removed or pruned around creek and riverbanks, ditches, fence lines, and around poles, stub poles, guy poles, guy wires and other obstructions. The contractor shall keep all creeks and drainage ditches clear of brush to ensure proper drainage.

3.5. All non-ornamental trees in rural areas that have never been trimmed located beneath the distribution lines are to be removed that are within the specified trimming clearances. The remaining part of the stump that is left shall not exceed four (4) inches in height in unkempt areas and two (2) inches in kempt areas.

3.6. All dead and marked trees are to be removed and hauled away.

3.7. It is the Company’s responsibility to inspect all trees along the designated area to determine the extent of trimming necessary to meet the required clearances.

Failure to inspect before submitting a bid price proposal does not relieve the

Company from meeting all specification requirements.

3.8. The contractor shall not enter upon private property for any purpose without obtaining permission. They shall be responsible for the preservation of all public property, trees, monuments and other items, along and adjacent to the street and/or right-of-way and shall use every precaution necessary to prevent damage.

3.9. The contractor is responsible for any accidents (either to persons or property) and for any damage to adjacent work or property. This responsibility applies to all accidents and damage, either direct or indirect, for which WE might otherwise suffer.

3.10. Any property damage shall be immediately reported to WE’s primary contact. The contractor has sole responsibility of coordination and execution of the necessary repairs.

4. Addendum(s) if applicable, can be found under bid information at:

https://www.bidnetdirect.com/north-carolina/cityofwilson

Number of addendums acknowledged: (Circle One)

1 2 3 4 N/A

5. Payments

5.1. The contractor shall bill the city as often as biweekly based on the time submitted and verified by WE personnel.

6. Bid Pricing

6.1. Labor Normal Overtime

Rate Rate

Working Foreman $ $

Climber $ $

Groundman $ $

Labor Total $ $

6.2. Equipment

1- Hydraulic Aerial Articulating $ boom with single basket minimum of 65’ to bottom of bucket mounted on suitable truck with pneumatic tool and a power chain saw.

1- Chipper $

1- 2 Ton Dump Type Tree Truck $ with hand tools, rope lines and power chain saws

1- Stump Remover $

1- Bush Hog/Tractor $

1- Kershaw Type heavy brush or $ tree remover with 8’ cutter head

1- 4x4 Tractor and Bush Hog $

1- L-III Trimlift $

Equipment Total $

*All Rates requested are per hour

GENERAL TERMS AND CONDITIONS

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

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

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

4. TAXES: The City is not exempt from local or North Carolina sales tax. (see PAYMENT

TERMS below).

5. GOVERNING LAW AND FORUM FOR DISPUTES: This Agreement shall be governed by the laws of the State of North Carolina without regard to North Carolina’s choice of law provisions. Any lawsuit or other legal proceeding concerning this Agreement and/or the Services must be filed in the Superior Court of Wilson County, North Carolina.

6. PAYMENT TERMS: Goods & Services: Payment terms are Net not later than 30 days after receipt of a correct invoice, or acceptance of goods/services or approved completed work, whichever is later. Invoices are preferred by the City to be sent by e-mail to cowaccts@wilsonnc.org for goods and services.

7. EEO PROVISIONS: During the performance of this Agreement, the Contractor agrees that it shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, political affiliation or belief, age, or handicap. The Contractor shall take affirmative action to insure that applicants are employed and that employees are treated equally during employment, without regard to race, color, religion, sex, national origin, political affiliation or belief, age, or handicap. The Contractor shall post in conspicuous places available to employees and applicants for employment, notices setting forth these EEO provisions. The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, shall state all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, political affiliation or belief, age, or handicap.

8. TERMINATION: Notwithstanding any other provision of this Agreement (including the Contract Specifications), this Agreement may be terminated at any time by mutual written agreement of City and Contractor, or it may be terminated unilaterally by either party (i) upon thirty (30) days’ prior written notice to the other, or (ii) in the case of any breach of this Agreement, immediately by written notice to the other party. In case of default of the contractor, the City may procure the articles or services from other sources and charge the Contractor damages for any excess costs or other damages caused by the default.

9. ADVERTISING: Contractor agrees not to use the existence of this contract, the name of the

City of Wilson as part of any commercial advertisement.

mailto:cowaccts@wilsonnc.org

10. NON-ASSIGNMENT: Contractor may not assign its rights or obligations under this Agreement, nor may it sub-contract any part of this Agreement, without written approval from City.

11. ASSIGNMENT: No assignment of the contractor’s obligations or the contractor’s right to receive payment hereunder shall be permitted. However, upon written request approved by the issuing purchasing authority and solely as a convenience to the contractor, the City of Wilson may: Forward the contractor’s payment check directly to any person or entity designated by the contractor, and include any person or entity designated by contractor as a joint payee on the contractor’s payment checks. In no event shall such approval and action obligate the City of Wilson to anyone other than the contractor and the contractor shall remain responsible for fulfillment of all contract obligations.

12. NON-WAIVER: If City at any time does not require Contractor to satisfy any of Contractor’s obligations under this Agreement, or if City fails at any time to exercise any right or privilege granted to it by this Agreement, that shall not waive or limit City’s ability to require Contractor to satisfy those obligations in the future or City’s ability to enforce its rights or privileges in the future. If City waives any breach of this Agreement by Contractor, that shall not be deemed a waiver of any later breach by Contractor, nor shall it be deemed a waiver of this section of the Agreement.

13. INSURANCE: Throughout the term of this Agreement, Contractor shall maintain at its sole expense the insurance specified below:

Each Occurrence Limit Bodily Injury/Property Damage Liability $1,000,000 Personal Injury Liability $1,000,000 Automobile - Combined Single Limit $1,000,000 per accident General Aggregate Limit $2,000,000 Workers’ Compensation Insurance Statutory Benefits

City is to be named as additional insureds in the Contractor's commercial general liability policy. Verification of additional insured status shall be furnished to City by providing a copy of the endorsement or Certificate of Insurance.

This insurance will apply as primary insurance with respect to any other insurance or self-insurance that City may have or elect to carry.

14. COMPLIANCE WITH LAWS: Contractor acknowledges and agrees that it will perform all

Services and will satisfy all of its obligations under this Agreement in full compliance with all applicable federal, state, and local laws and regulations.

15. ENTIRE AGREEMENT: CONFLICT IN TERMS: This Agreement (including the Contract Specifications) constitutes the complete and entire Agreement between City and Contractor concerning the subject matter of the Agreement and supersedes any and all prior agreements, discussions, understandings, promises, or representations concerning that subject matter. This Agreement may be modified only by a writing signed by both City and Contractor.

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

17. SEVERENCE CLAUSE: If any part of this Agreement is deemed unenforceable by a court of competent jurisdiction, then that part shall be enforced to the greatest extent legally possible, and the rest of this Agreement will remain in full force and effect.

18. SURVIVAL: City and Contractor agree that the parties’ respective rights and obligations arising hereunder with respect to indemnification, limitation of liability, ownership of instruments of service, and dispute resolution shall survive termination of this Agreement.

19. COOPERATIVE CONSULTATION: City and Contractor agree to cooperate in good faith and to consult with each other during the term of this Agreement as necessary to permit each party to fulfill its respective obligations as set forth in the Contract Specifications.

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

21. FORCE MAJEURE: Neither party shall be deemed to be in default of its obligations hereunder if and so long as such delay is due to causes beyond the control of or without the fault or negligence of Contractor or City, including force majeure. In such event, the reasonable time for performance shall be extended for a period at least equal to the delay and the parties shall mutually agree on the terms and conditions upon which Agreement may be continued. Force majeure includes but is not restricted to acts of God, acts or failures of governmental authorities, acts of City’s contractors or agents, fire, floods, epidemics, riots, quarantine restrictions, strikes, civil insurrections, freight embargoes, and unusually severe weather.

22. EVALUATION OF PROPOSAL/BID: All qualified proposals/bids will be evaluated and award made to the firm(s) whose proposal/bid is deemed to be in the best interest of the City of Wilson, all factors considered. The City of Wilson reserves the right to reject any and all offers if determined in its best interest.

23. E-VERIFY: Contractor understands that E-Verify is the federal E-Verify program operated by the United States Department of Homeland Security and other federal agencies, or any successor or equivalent program used to verify the work of authorization of newly hired employees pursuant to federal law in accordance with NCGS 64-25 et seq. Contractor is aware of and in compliance with the requirements of E-Verify and Article 2 of Chapter 64 of the North Carolina General Statutes. To the best of Contractor’s knowledge, any subcontractors employed by it as a part of this contract are in compliance with the requirements of E-Verify and Article 2 of Chapter 64 of the North Carolina General Statue.

24. IRAN DIVESTMENT ACT CERTIFICATION: Contractor certifies that, as of the date listed

(2026) it is not on the Final Divestment List as created by the State Treasurer pursuant to

N.C.G.S. Chapter 147 Article 6E. In compliance with the requirements of the Iran Divestment

Act and N.C.G.S. Chapter 147 Article 6E, Contractor shall not utilize in the performance of the contract any subcontractor that is identified on the Final Divestment List.

25. BID/PROPOSAL PUBLIC RECORD: All proposals/bids received become the property of the

City of Wilson and information included therein or attached thereto shall become public record upon their delivery to the city. Submission of a bid/proposal in response to a request constitutes acceptance of all terms and conditions and requirements contained in the request.

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

27. INDEPENDENT CONTRACTOR: For purposes of this Agreement, Contractor at all times shall be considered an independent contractor, and City shall not be deemed the employer of Contractor or of any of Contractor’s agents or employees for any purpose (including, but not limited to federal or state income taxation, unemployment benefits, or worker’s compensation benefits), nor shall City be responsible for the acts or omissions of Contractor, or its agents and employees, except that City shall pay the approved amounts negotiated by Contractor, as described the Contract Specifications. Contractor shall be solely responsible for performing any background checks or other due diligence necessary to ensure that all agents and employees of Contractor engaged in performing the Services are appropriate and qualified to perform such Services.

28. STANDARDS AND DUTIES OF CONTRACTOR: The Contractor shall be held to the same standards and shall exercise the same degree of care, skill, and judgment in the performance of its advisory, management and oversight duties and services for City as is ordinarily provided by similar professionals under the same or similar circumstances under the laws of the State of North Carolina.

Contractor shall ensure that its employees comply with the following requirements while performing work under this Agreement:

a. Contractor employees shall wear an identification badge or distinct uniform provided by the Contractor at all times;

b. Contractor employees shall have a valid North Carolina Driver’s License to operate any licensed vehicle;

c. Contractor employees shall not engage in idle or unnecessary conversation with City employees, other employees of the Contractor, or tenants of the site at which they are working;

d. Contractor employees shall report any loss or damage caused to the property of the City or any third-party to their supervisor immediately. Contractor shall report such damage within 24 hours, in writing, to the City. Such report shall specify the exact location, damage caused, and full description of the actions or inactions causing the damage. Failure to report such damage as required herein may be construed to constitute default under the contract;

e. Contractor employees shall abide by the rules and regulations set forth by the State of North Carolina which affect performance or work;

f. Contractor employees who fails to abide by these rules shall, upon written request from the City of Wilson, be prohibited from providing any services under this Agreement.

29. INDEMNITY: Contractor agrees to indemnify, hold, and save harmless the City from and against any and all losses, claims, damages, costs, lawsuits, judgments, settlements and expenses, including attorneys’ fees and paraprofessionals’ fees (collectively “Liability”) arising out of any of the following, provided that the fault of Contractor or any party for which Contractor is responsible is a proximate cause of such Liability:

a. Breach of contract, negligence, alleged breach of contract or negligence by Contractor;

b. Bodily injury to any persons, including death, or damage to any property, whether owned, leased, or used by the City, Contractor, or others, including, without limitation, loss of use or services, occurring in or arising out of or in connection with the Services. Provided, however, this provision shall not be construed so as to have the effect of indemnifying and holding harmless the City from and against such losses, damages, costs, claims, lawsuits, judgments, settlements, and expenses which shall arise out of the negligent acts or omissions of the City in connection with Services herein contemplated;

c. Property damage caused by the Contractor or occurring on account of or arising out of Contractor’s Services and/or activities; or

d. Contractor’s violation of any federal, state or local laws, rules, regulations, requirements or common law.

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

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

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

33. VENDOR REGISTRATION: All vendors (new, current or potential) must register with our

Vendor Registration system through Bidnet at the following link:

Remainder of page intentionally left blank.

STATE OF NORTH CAROLINA

AFFIDAVIT

COUNTY OF ______________

I, ____________________________ (the individual attesting below), being duly authorized by and on behalf of ________________________________ (the entity bidding on project hereinafter "Employer") after first being duly sworn hereby swears or affirms as follows:

1. Employer understands that E-Verify is the federal E-Verify program operated by the United States Department of Homeland Security and other federal agencies, or any successor or equivalent program used to verify the work authorization of newly hired employees pursuant to federal law in accordance with NCGS §64-25(5).

2. Employer understands that Employers Must Use E-Verify. Each employer, after hiring an employee to work in the United States, shall verify the work authorization of the employee through E-Verify in accordance with NCGS§64-26(a).

3. Employer is a person, business entity, or other organization that transacts business in this State and that employs 25 or more employees in this State.

(mark Yes or No)

a. YES _____, or b. NO _____

4. Employer's subcontractors comply with E-Verify, and if Employer is the winning bidder on this project Employer will ensure compliance with E-Verify by any subcontractors subsequently hired by Employer.

This ____ day of _______________, 2026.

Signature of Affiant Print or Type Name: _________________________

State of North Carolina County of

Signed and sworn to (or affirmed) before me, this the _____ day of ________________, 2026.

My Commission Expires:

Notary Public

(A ffix

O ffic ia l/N o ta ria l S e a l)

ATTACHMENT C: FEDERAL U.G. CONTRACT PROVISIONS (as applicable, signature needed below)

1. REMEDIES. The City shall have the right to declare default of the contract for breach by the Contractor of any material term or condition of the contract as determined by the City.

Material breach by the Contractor shall include, but specifically shall not be limited to failure to begin work under the contract within the time specified; failure to provide workmen, equipment, or materials adequate to perform the work in conformity with the contract by the completion date; unsatisfactory performance of the work; refusal or failure to replace defective work; failure to maintain satisfactory work progress; failure to comply with equal employment opportunity contract requirements; insolvency or bankruptcy, or any act of insolvency or bankruptcy; failure to satisfy any final judgment within 10 calendar days after entry thereof; and making an assignment for benefit of creditors.

2. TERMINATION FOR CAUSE AND CONVENIENCE. The City may terminate this

Contract at any time at its complete discretion upon thirty (30) calendar days’ notice in writing from the City to Contractor prior to the date of termination. In addition, all finished or unfinished documents and other materials produced by Contractor pursuant to this

Contract shall, at the request of the City be turned over to it and become its property. If the Contract is terminated by the City in accordance with this section, the City will pay

Contractor at the rate set out in Section 2.1 for all services performed as of the date of termination.

3. EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this contract, the contractor agrees as follows:

a. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

b. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

c. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.

d. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

e. The contractor will comply with all provisions of Executive

Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

f. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

g. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in

Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in

Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

h. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of

Labor issued pursuant to section 204 of Executive Order 11246 of

September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

The applicant further agrees that it will be bound by the above https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=11ed7b108f4f698848db076411872c73&term_occur=26&term_src=Title%3A41%3ASubtitle%3AB%3AChapter%3A60%3APart%3A60-1%3ASubpart%3AA%3A60-1.4 equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order

11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the

Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions:

Cancel, terminate, or suspend in whole or in part this grant

(contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

4. DAVIS-BACON ACT. Compliance with the Davis-Bacon Act.

a. All transactions regarding this contract shall be done in compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and

3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable. The contractor shall comply with 40 U.S.C. 3141-3144, and

3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable.

b. Contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor.

c. Additionally, contractors are required to pay wages not less than once a week.

5. COPELAND ANTI-KICKBACK ACT. Compliance with the Copeland “Anti -Kick back”

Act https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=22edf9acbb0b836eba994727b86adedf&term_occur=16&term_src=Title%3A41%3ASubtitle%3AB%3AChapter%3A60%3APart%3A60-1%3ASubpart%3AA%3A60-1.4

a. Contractor. The contractor shall comply with 18 U.S.C. §

874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract.

b. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.

The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.

c. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.”

6. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT. Compliance with the

Contract Work Hours and Safety Standards Act.

a. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

b. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such

District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of

$26 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section.

c. Withholding for unpaid wages and liquidated damages. The

City of Wilson shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph

(b)(2) of this section.

d. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through

(4) of this section.

7. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT.

a. Applicability. This requirement applies to “funding agreements,” but it does not apply to the Public Assistance, Hazard

Mitigation Grant Program, Fire Management Assistance Grant

Program, Crisis Counseling Assistance and Training Grant Program, Disaster Case Management Grant Program, and Federal Assistance to

Individuals and Households – Other Needs Assistance Grant Program, as FEMA awards under these programs do not meet the definition of

“funding agreement.”

b. Funding Agreements Definition. The regulation at 37 C.F.R.

§ 401.2(a) defines “funding agreement” as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government. This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph.

8. CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT.

Clean Air Act

a. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.

b. The contractor agrees to report each violation to the City of

Wilson and understands and agrees that the City of Wilson will, in turn, report each violation as required to assure notification to the Federal

Emergency Management Agency, and the appropriate Environmental

Protection Agency Regional Office.

c. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with

Federal assistance provided by FEMA.

Federal Water Pollution Control Act

d. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water

Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.

e. The contractor agrees to report each violation to the City of

Wilson and understands and agrees that the City of Wilson will, in turn, report each violation as required to assure notification to the Federal

Emergency Management Agency, and the appropriate Environmental

Protection Agency Regional Office.

f. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with

Federal assistance provided by FEMA.

9. DEBARMENT AND SUSPENSION.

a. This contract is a covered transaction for purposes of 2

C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the contractor is required to verify that none of the contractor’s principals (defined at 2

C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2

C.F.R. § 180.935).

b. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.

c. This certification is a material representation of fact relied upon by the City of Wilson. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to City of Wilson, the

Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

d. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

10. BYRD ANTI-LOBBYING AMENDMENT.

Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended)

a. Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of

Congress, officer or employee of Congress, or an employee of a

Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.

Required Certification. If applicable, contractors must sign and submit to the non-federal entity the following certification.

APPENDIX A, 44 C.F.R. PART 18 – CERTIFICATION REGARDING

LOBBYING

Certification for Contracts, Grants, Loans, and Cooperative

Agreements

The undersigned certifies, to the best of his or her knowledge and belief, that:

a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of

Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any

Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of

Congress, an officer or employee of Congress, or an employee of a

Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to

Report Lobbying,” in accordance with its instructions.

c. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.

Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The Contractor, _______________, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap.38, Administrative Remedies for False

Claims and Statements, apply to this certification and disclosure, if any.

11. PROCUREMENT OF RECOVERED MATERIALS.

a. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired—

• Competitively within a timeframe providing for compliance with the contract performance schedule;

• Meeting contract performance requirements; or

• At a reasonable price.

b. Information about this requirement, along with the list of

EPA- designated items, is available at EPA’s Comprehensive

Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive - procurement-guideline-cpg program.

c. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal

Act.

12. DOMESTIC PREFERENCES FOR PROCUREMENT

The contractor shall provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products.

13. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT

The products and services supplied and or provided meet the conditions of 2 CFR part

200.216, which prohibits use of certain telecommunications and video surveillances services or equipment.

Signature of Contractor’s Authorized Official

Name and Title of Contractor’s Authorized Official

Date

Remainder of page intentionally left blank.

https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program

EXECUTION OF BID

By submitting this BID, the potential contractor certifies the following:

➢ An authorized representative of the company signs this BID.

➢ It can obtain insurance certificates as required within 10 days after notice of award.

➢ The cost and availability of all equipment, materials, supplies associated with performing the services described herein have been determined and include in the proposed costs.

➢ All labor costs, direct and indirect, have been determined and included in the proposed costs.

➢ The potential contractor has read and understands the conditions set forth in this RFP and agrees to them with no exceptions.

Electric Line Clearance Tree Trimming and Removal – Annual Contract

RFP# 2526-44

OFFEROR: ___________________________________________________________________

ADDRESS: ___________________________________________________________________

CITY, STATE, ZIP: _____________________________________________________________

TELEPHONE NUMBER: _________________________________________________________

FEDERAL EMPLOYER IDENTIFICATION NUMBER: __________________________________

BY: ____________________________TITLE: ____________________ DATE: ___________

(Typed or printed name) (Signature)

THIS PAGE MUST BE SIGNED AND INCLUDED IN YOUR BID, UNSIGNED BIDS WILL NOT

BE CONSIDERED!

ACCEPTANCE OF BID - CITY OF WILSON

BY: _______________________________ TITLE: _____________________DATE:________

Contractor certifies that as of this date, it is not on the Final Divestment List as created by the State Treasurer pursuant to N.C.G.S. 143-6A-4. In compliance with the requirements of the Iran Divestment Act and N.C.G.S. 143C-6A-5(b), Contractor shall not utilize in the performance the contract any subcontractor that is identified on the Final Divestment List.