to as “cfpua” or “the authority”) is requesting quotes for

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REQUEST FOR QUOTES OVERHEAD CRANE/ HOIST INSPECTIONS & MINOR REPAIRS RFP # 20S1008 NOTICE IS HEREBY GIVEN that the Cape Fear Public Utility Authority (hereinafter referred to as “CFPUA” or “the Authority”) is requesting quotes for the inspections and minor repairs of small overhead cranes and hoists. CFPUA will receive bids via U.S. Postal Service, Commercial Carrier, by Hand or by email in the office of and addressed to: Cape Fear Public Utility Authority Finance Department 235 Government Center Drive Wilmington, N.C. 28403 ATTENTION: Teresa Horsboll, Assistant Procurement Manager PROPOSALS WILL BE RECEIVED UP TO THE HOUR OF 2:00 PM., WEDNESDAY, SEPTEMBER 9, 2020 Copies of the bid document are available on the CFPUA website www.cfpua.org , at the above referenced address or by emailing [email protected]. All proposals forms must be properly executed and submitted as part of the bid. The CFPUA reserves the right to reject any or all bids.

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REQUEST FOR QUOTES OVERHEAD CRANE/ HOIST INSPECTIONS & MINOR REPAIRS

RFP # 20S1008

NOTICE IS HEREBY GIVEN that the Cape Fear Public Utility Authority (hereinafter referred to as “CFPUA” or “the Authority”) is requesting quotes for the inspections and minor repairs of small overhead cranes and hoists. CFPUA will receive bids via U.S. Postal Service, Commercial Carrier, by Hand or by email in the office of and addressed to:

Cape Fear Public Utility Authority Finance Department

235 Government Center Drive Wilmington, N.C. 28403

ATTENTION: Teresa Horsboll, Assistant Procurement Manager

PROPOSALS WILL BE RECEIVED

UP TO THE HOUR OF 2:00 PM., WEDNESDAY, SEPTEMBER 9, 2020

Copies of the bid document are available on the CFPUA website www.cfpua.org , at the above referenced address or by emailing [email protected]. All proposals forms must be properly executed and submitted as part of the bid. The CFPUA reserves the right to reject any or all bids.

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OVERHEAD CRANE/ HOIST INSPECTIONS & MINOR REPAIRS RFP 20S1008

Instructions for Bidders

Deadlines Schedule:

Request for quotes August 19, 2020

Deadline for Questions (must be emailed or faxed) September 2, 2020 @ 2:00 PM

Deadline for Receipt of proposals September 9, 2020 @ 2:00 PM

Proposed date of Award September 23, 2020

Proposals will be received by Cape Fear Public Utility Authority, to provide inspections of overhead cranes, lifting devices and minor repairs, up to the date and time stated above. at Cape Fear Public Utility Authority 235 Government Center Drive Wilmington NC 28403. Late bids will not be accepted. Email to confirm receipt of the bid.

For any questions regarding this bid, and to register to bid so you receive any updates or changes, email [email protected] . Questions regarding the bid will be received up to the date and time stated above.

Site Visits: Any site visits, prior to the proposal deadline, are by appointment only. Contact Teresa Horsboll, via [email protected] to set up appointments.

Proposals must be submitted showing prices as requested on the Bid Proposal Sheet.

All bids shall be valid for a period of 60 days pending approval and awarding of contract.

Quoted price should not include any sales or use tax but should only reflect the actual bid price of the service.

Cape Fear Public Utility Authority reserves the right to reject any and/or all bids received, or to select the proposal which, in our opinion, is in the best overall interest of CFPUA.

Proposals will be evaluated by determining the lowest responsible, responsive bidder considering:

• Accuracy of bid submission

• Bidder’s ability and capacity to provide scoped services.

• Promptness of response and service times.

All proposals shall be completed and signed.

Bidder must meet all of the above requirements for proposal to be considered.

Local Preference Policy The Cape Fear Public Utility Authority has adopted a Local Preference Policy. Please refer to our website for details. Visit www.cfpua.org, click on the My Business tab, then on Purchasing.

NCGS 143-131 specifies that informal bids are not subject to public inspection until the contract is awarded.

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Request for Quotes

OVERHEAD CRANE/ HOIST INSPECTIONS & MINOR REPAIRS Scope of Work

Cape Fear Public Utility Authority is soliciting quotes for inspections, certifications and minor repairs for overhead cranes, hoist and lifting devices at CFPUA wastewater and water facilities. Attached is a listing of the Overhead Cranes/ Hoists/ Lifting devices Equipment that is currently in our facilities. This list will expand and contract as the number of devices changes. Services solicited include but are not limited to:

a. Contractor must be registered to do business in the State of North Carolina

b. Contractor will provide all labor, materials, equipment, supplies and safety equipment necessary for the proper annual hoist inspections and minor repairs. CFPUA does not loan tools or safety equipment (ie: ladders, lifts, safety ppe, etc.)

c. Repairs under $2,000.00 are considered “minor”.

d. Contractor routine Inspection and Maintenance should include at a minimum proper oil levels in gearboxes, lubricating the cranes, checking control panels, adjustment of brakes and performing minor repairs. Safety inspections should comply with OSHA 29CFR 1910.179 and ASME B30.2.

e. Inspection will include, but not limited to: crane structure, runway structure, gear case and transmission, signage and labeling, shafts, axles, wheels, couplings, brakes (holding and control), gauges, control panels, conduction system and electrical components, covers /guards, bumpers / stops, wire rope, chains, hooks and bottom blocks.

f. Inspections: Annual inspections shall be the successful bidder’s responsibility to maintain and perform. All inspection site visits must be scheduled with the plant supervisor to ensure all hoists are available, and there is no disruption to plant operations. A minimum of 5 days notice is required. It is up to the contractor to co-ordinate the multiple site visits in a manner that is efficient to the contractor.

g. Contractor will notify CFPUA of all potential work beyond routine maintenance with a written estimate. No work will be done without CFPUA approval. If the repair is approved and remains incomplete after 7 calendar days from the date of approval, CFPUA reserves the right to have the work performed by another contractor.

h. Contractor shall clearly define any hazardous waste disposal fees or environmental fees,

and any shop fees.

i. Contractor shall itemize repair invoices, detailing taxable materials from taxable and non-taxable labor costs. Invoices must state the facility address of the inspection, for proper payment.

j. Contractor will notify CFPUA of all potential manufacturer warranty work.

k. Contractor shall provide full description and evaluation inspection reports to the facility’s

Maintenance Supervisor and to the CFPUA Safety Officer.

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Please record your price proposals on the attached Bid Proposal Sheet. Please provide any other options and services you offer, as well as certification levels of your mechanics and specialty diagnostic equipment, on a separate sheet if necessary. All Proposals are subject to renewal each year, upon mutual agreement. Initial term of agreement will be October 1, 2020 through Sept. 30, 2021; with the option to renew, after annual review, for up to three (3) additional twelve (12) month terms. See “Terms and Renewal” in the service agreement document for more information. This Request for Quotes and all Bidder responses are considered public information, except for trade secrets specifically identified in writing by the Bidder, which will be handled according to State Statute or other laws. Any section of the Bidder’s response package that is deemed to be a trade secret by the Bidder shall be submitted in a separate envelope clearly marked “TRADE SECRET INFORMATION- DO NOT DISCLOSE.” NCGS 143-131 specifies that informal bids are not subject to public inspection until the contract is awarded.

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Bid Proposal Sheet HOIST MAINTENANCE AND REPAIRS

RFP #20S1008

Repairs Standard Repairs: _________fixed hourly labor rate Emergency Repairs: _________ fixed hourly labor rate Materials Mark Up: ___________% over contractor cost of item. Invoices must list materials and applicable sales tax. Mobilization or Mileage Fees (if any):______________indicate whether per mile (roundtrip or one way) or per visit Additional Fees (if any): _______________________________________________________ Response “on-site” time to emergency call-ins:________hrs.

Routine Scheduled Inspections Below is a listing of the Hoist / Crane Equipment that is currently in CFPUA’s inventory. This list will expand and contract as the inventory changes.

Please insert a fixed, per unit, cost for these Annual Inspection services. Includes all labor, materials, equipment, supplies and safety equipment necessary for the proper annual hoist inspections.

Northside Waste Water Treatment Plant 2311 N. 23rd St Wilmington, NC 28401

Description or S/N

Manufacturer Need Lift or Ladder

Capacity Location Annual Inspection Cost

1 Service Truck crane for Central Maint

Auto Crane None 3200 lbs Truck #07791

2 Boom Truck for Central Maint

Terex None 10,500 lbs Boom Truck

3 S/N 677398 Stahl Crane Truck

Yes 4’-6’

1600 lbs Truck 7781

4 S/N 07B20847 Shaw Box Yes 12’-16’

2 ton East NYB Bldg

5 S/N 07B26771 Shaw Box Yes 12’-16’

5 ton West NYB Bldg

6 S/N 07B23857 Shaw Box Yes 12’-16’

2 ton UV Facility

7 S/N 25744 Husky-Master None 1 ton Digester Bldg

TOTAL

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Southside Waste Water Treatment Plant 3436 River Rd. Wilmington, NC 28412

Description Manufacturer Need Lift or Ladder

Capacity Location Annual Inspection Cost

1 Service Truck crane for Central Maint

Auto Crane

None 3200 lbs Truck #04792

2 S/N118673 Harrington Scissor Lift

3 ton Chlorine Bldg

3 Portable A-Frame

Vestil None 1 ton

4 S/N# LW1250S0

C&M None 1 ton Maintenance Shop

5 SN# 5007-35886

Thern None 500 lb In-Fluent

6 Manual Trolley (blue) (no SN)

Manual None 1 ton Maintenance Shop

7 Trolley (no SN)

Dayton None ½ Ton Maintenance Shop

8 S/N005-26014, Winch

Thern None Effluent

9 S/N 0981 2001, Puller

Dayton None 1-1/2 ton Maintenance Shop

10 S/N 0948-03 Dayton CF None 1 ton Maintenance Shop

11 Chain Hoist (no SN)

Iron None ½ ton Truck 4792

12 S/N 5881-06 Dayton CF None 1 ton Maintenance Shop

13 S/N 7088-05 Dayton CF None 1 ton Maintenance Shop

14 S/N 13484 Lever

OZ None ¾ Ton Truck 4792

15 Lever (no SN) Haul Master None ¾ Ton Truck 4792

16 S/N 9326 Chain Hoist

Rough Neck None 1 Ton Truck 4792

17 Trolley C&M None 2 ton Maintenance Shop

18 S/N F702424/2007, Beam Clamp

Corso None 1 ton Maintenance Shop

19 S/N 05-07-27635, Trolley

None 1 ton Maintenance Shop

TOTAL

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Sweeney Water Treatment Plant 1833 N5th Ave. (GPS friendly: 407 Hilton St) Wilmington, NC 28401

Description or S/N

Manufacturer Need Lift or Ladder

Capacity Location Annual Inspection Cost

1 Monorail Hoist R&M Materials Handling Inc.

ScissorLift

3 ton UV Reactor Area

2 Manual monorail chain hoist

Budgit ScissorLift

2 ton Maintenance Shop

3 SN# XM9910 Coffing ScissorLift

10 ton Kings Bluff Pumping Station

4 SN# 3197-13 Budgit 20’ ladder

1 ton Westbrook Tank

6 SN#176829601 R&M Spacemaster

20’ ladder

5 ton High Service Pump Room Sweeney

TOTAL

Nano Water Treatment Plant 637 Groundwater Way Wilmington, NC 28411

Description Manufacturer Need Lift or Ladder

Capacity Location Annual Inspection Cost

1 SN# 09D01F40/217

Yale ScissorLift

3 ton Membrane Filter Room

2 SN# 09D01F39/213

Yale ScissorLift

5 ton High Service Pump Room

TOTAL

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Pump Station Maintenance 637 Groundwater Way Wilmington, NC 28411 and multiple pump sites

Description or S/N

Manufacturer Need Lift or Ladder

Capacity Location

Annual Inspection Cost

1 S/N 95520 Venturo None 4500 lbs Truck 13706 Service Truck

2 S/N 95518 Venturo None 4500 lbs Truck 15707 Service Truck

3 S/N 95923 Venturo None 4500 lbs Truck 15708 Service Truck

4 S/N ADK07105 Stellar None 4500 lbs Truck E33 Service Truck

5 S/N 95525 Venturo None 4500 lbs Truck 15709

6 S/N 95537 Venturo None 4500 lbs Truck 16715

7 S/N K9700-32 Shaw Box None 2 ton Pump Sta.#2 overhead bridge

8 S/N K9700-31 Shaw Box None 2 ton Pump Sta.#2

9 S/N U/A Budgit None 1 ton Pump Sta. #9

10 S/N JM3575TW Yale None 1 ton Pump Sta. #9

11 S/N Budgit None 2 ton Pump Sta. #10

12 S/N Yale None 3 ton Pump Sta. #12

13 S/N (may have been

replaced) Dayton None 1 ton Pump Sta.

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14 S/N 32-93709 LoadLifter None 3 ton Pump Sta. 14

15 S/N BH9502 Coffing None 3 Ton Pump Sta. 14

16 S/N B-88 Budgit None 2 Ton Pump Sta. 14

17 S/N L138-G-L (may have been replaced)

C&M 8’ Ladder

1 ton Pump Sta. 17

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18 S/N XL-02224QE

Budgit None 5 ton Lift Sta. 25 overhead

19 S/N 320319 Budgit None 2 ton Lift Sta. 25 overhead

20 S/N 040209/1 Harrington None 3 ton Pump Sta. 34

21 S/N 040209/3 Harrington None 3 ton Pump Sta. 35

22 S/N A1017F2 C&M None 1 ton Pump Sta. 36

23 S/N 1187 Budgit None 2 ton Pump Sta. 39

24 S/N 509410 Harrington None 3 ton Pump Sta. 89

TOTAL

Meter Services 235 Government Center Dr Wilmington NC 28403 (address to change in mid-2017 to 1833 N5th Ave(GPS friendly: 407 Hilton St), Wilmington NC 28401)

Description Manufacturer Need Lift or Ladder

Capacity Location Annual Inspection Cost

1 Service Truck boom crane S/N 3203PRX-0507-456

Auto Crane None 3200 lbs Truck 16523 Meter Services

2 Service Truck boom crane S/N 3203PRX-0507-457

Auto Crane None 3200 lbs Truck 16524 Meter Services

3 Service Truck boom crane S/N 3203PRX-0307-229

Auto Crane None 3200 lbs Truck 16525 Meter Services

TOTAL

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Questionnaire for HOIST MAINTENANCE AND REPAIRS

RFP #20S1008 This information will be used in the proposal evaluation process.

1. Number of Years Company has been in business? ________

2. Please attach a copy of your business license and/or certifications.

3. Is your business registered to do business in North Carolina? 4. Professional associations and memberships and/or other community involvement

_________________________________________________________________________ _________________________________________________________________________

5. Total number of certified technicians __________

6. List any additional services that your company can provide outside of Inspections and Repairs.

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

7. List any item that you would have to “Sublet” if found during a repair, list the companies you

normally outsource this work to and the percent over your cost that you will charge CFPUA for sublet services. Note: Awarded Contractor will not be reimbursed for outsourced services that they can perform in-house. All sublet items must be listed below. (Attach separate sheet if needed.)

Type of Service Company(ies) may sublet

to % over your cost

8. As an authorized equipment repair provider, you will be asked to certify that you believe the

estimated repairs made to a equipment are the minimum repairs necessary to make the equipment operationally worthy and safe. Is this something your business would be willing to attest to? Yes_____ No______

9. Can you provide a certificate of liability insurance covering the limits of insurance described

in Terms and Conditions – Draft Service Agreement? Yes_____ No______

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10. The awarded contractor will be required to enter into a Contract for Services with the CFPUA. A sample of the Contract is attached for review. Will you be able to comply with the terms and conditions of the Contract and sign such Contract? Yes_____ No______

11. Providers will be required to submit itemized invoices detailing the cost per part, the number

of labor hours and hourly rates per service, as well as sales tax on parts. Will you be able to provide itemized invoices for reimbursement? Yes_____ No______

12. Please attach a standard example of an invoice and an inspection report. This is required to be submitted with the bid.

13. What are your regular days and hours of operation? _______________________________ 14. Is your business an authorized sales or service center for a particular make of lifting

equipment? Yes_____ No______. If so what make(s)__________________________________________________________ 15. If a hoist cannot be repaired on site, can you provide equipment transportation? Yes_____ No______ 16. Can you provide periodic sling and strap inspections per ASME B30.9-2006 SECTION 9-

1.9.3? Yes_____ No______ . If yes, please provide your standard rates for this service and a sample copy of your inspection documentation.

17. References: Provide at least three (3) current inspection customers and their contact information, to include Company name, contact name, phone number and/or email address.

Company Name Contact Name Phone Email

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By signing this Bid Proposal Sheet the Company, if selected, agrees to perform the services listed in the preceding pages and bill for services using the rates quoted on this “Bid Proposal Sheet”. Company representative, hereby acknowledges that he has read, understands and agrees to the “Standard Terms and Conditions” in the draft service agreement. Please provide the following information on your company:

Company Legal Name:

Mailing Address:

City, State, Zip:

Phone: Email:

Printed Name: Title:

Signature: Business License:

Type of Company: check one

__Sole Proprietor

__Partnership

__Corporation State of incorporation:

__LLC State of incorporation:

Is your company a minority owned company? __________Yes _____________No

If so is it _________MBE ________WBE _________HUB__________DBE

Addenda

Receipt of the following Addendum is acknowledged: Addendum No. _____________________ Date___________________, 2020 Addendum No. _____________________ Date___________________, 2020

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STATE OF NORTH CAROLINA SERVICE AGREEMENT COUNTY OF NEW HANOVER THIS SERVICES AGREEMENT (the "Agreement"), made and entered into this _____ day of

__________________, 202__, by and between CAPE FEAR PUBLIC UTILITY AUTHORITY,

hereinafter referred to as “AUTHORITY” or “OWNER”; and herein referred to the as

“Contractor.”

SCOPE OF WORK

The AUTHORITY desires to engage the Contractor for the purpose of overhead crane / hoist

inspections & minor repairs as outlined in RFP-20S1008.

TERM OF AGREEMENT

Contract will be effective October 1, 2020 and will be for an initial term of twelve (12) months. Contractor is bound to the quoted prices for the full twelve (12) month term. Upon each anniversary date of any resulting agreement, Authority and Contractor, upon mutual agreement, shall have the option to renew this contract for one twelve (12) month term. This contract may be renewed up to three (3) times at the same prices, terms and conditions as stated in the original contract.

PAYMENT

Payment will be made by the Authority in full for all delivered services and products as soon after

complete delivery and receipt of a correct invoice can be processed in accordance with these

specifications. Terms are Net 30. The agreed amount of this service agreement is the ‘not to

exceed’ amount of $ for the term of the contract. The contract is subject to additions or

deductions per mutually approved contract change order.

All invoices are to be mailed to the Finance Department to the remittance address listed on the Purchase Order or emailed to [email protected] .Each purchase order must be invoiced separately. Reference the purchase order number on all invoices. The Authority will not be responsible for any goods/services delivered without a purchase order.

TAXES

The Authority is not exempt from North Carolina State and local tax. North Carolina and local sales

tax shall be shown as a separate item on the invoice. The Cape Fear Public Utility Authority is

exempt from and will not pay federal taxes. An exemption certificate will be furnished upon

request.

CONDITIONS

Bidder will supply all permits, materials, equipment, tools, safety equipment, and delivery costs of

the finished product or service. No substitutions or deviations of materials or design will be allowed

without a written agreement with the AUTHORITY authorized buyer. The Contractor, without the

written consent of the Authority Purchasing Agent, shall not make any changes, alterations, or

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variations in the terms of the agreement. The contract is subject to additions or deductions per

mutually approved contract change order generated by the Authority.

WARRANTY

The CONTRACTOR by acceptance of this Agreement warrants that the products and services

furnished pursuant to this agreement order shall: (a) comply with all federal, state and local laws

applicable thereto; (b) satisfy all requirements set forth in this agreement and any applicable

documentation incorporated herein; (c) meet industry standards and be suitable for the purpose

intended; (d) be of merchantable quality; and (e) be free from defects in title, labor, material or

fabrication.

Where items of equipment or material carry a manufacturer’s warranty for any period in

excess of twelve (12) months, then the manufacturer’s warranty shall apply for that particular

piece of equipment or material. The CONTRACTOR shall replace such defective equipment

or materials, without cost to AUTHORITY, within the manufacturer’s warranty period.

Additionally, AUTHORITY may bring an action for latent defects caused by the negligence

of the CONTRACTOR, which are hidden or not readily apparent to AUTHORITY at the time

of beneficial occupancy or final acceptance, whichever occurred first, in accordance with

applicable law.

Contractor shall warranty their repairs to no less than (90) days for workmanship, and for

the full manufacturer warranty period on materials.

STANDARD OF CARE

CONSULTANT will perform the services under this contract with the care and skill ordinarily used

by members of this profession practicing under similar conditions at the same time and in the same

or similar locality.

INDEMNIFICATION

To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall hold harmless and

indemnify the Authority, its officers, directors, members, partners, employees, of each and any of

them from and against all claims, costs, losses, and damages (including but not limited to all fees

and charges of engineers, architects, attorneys, and other professionals and all court or arbitration

or other dispute resolution costs) arising out of the obligations herein undertaken or resulting from

the operations conducted, to the extent caused by any negligent act or omission of

CONTRACTOR, any sub-contractor of CONTRACTOR, or any individual or entity employed by any

of them to perform any of the Services or anyone for whose acts any of them may be liable.

PERSONNEL

It is mutually agreed that Contractor is an independent contractor and not an agent or employee of the Authority, and as such the Contractor, or any employees thereof, or sub-contractors, or any employees thereof, shall not be entitled to any Authority employment benefits, such as, but not

limited to, wages or salary, vacation, sick leave, insurance, workers’ compensation, or pension and retirement benefits.

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E-VERIFY CONTRACTOR shall comply with the requirements of Article 2 of Chapter 64 of the General

Statutes. Further, if CONTRACTOR utilizes a subcontractor, CONTRACTOR shall require the

subcontractor to comply with the requirements of Article 2 of Chapter 64 of the General Statutes.

INSURANCE REQUIREMENTS

CONTRACTOR shall maintain insurance from companies licensed to write business in North

Carolina, with an A.M. Best rating of “A” or higher, and acceptable to the AUTHORITY, of the kinds

and minimum amounts specified below.

Certificates and Notice of Cancellation; Before commencing work under this contract,

CONTRACTOR shall furnish AUTHORITY with certificates of all insurance required

below. Certificates shall indicate the type, amount, class of operations covered, effective date and

expiration date of all policies, and shall contain the following statement:

"The insurance covered by this certificate will not be cancelled or materially altered, except after

thirty (30) days written notice has been received by AUTHORITY".

The Certificate of Insurance, naming the AUTHORITY as an additional insured where specified,

shall be further evidenced by an actual endorsement furnished to the AUTHORITY from the insurer

within thirty (30) days of the signing of the contract between the CONTRACTOR and the

AUTHORITY, and is included as an attachment of this AGREEMENT.

The amount of insurance to be provided for all coverages listed under this section shall be not less

than $1,000,000.00, unless otherwise specified, per occurrence for claims arising from bodily injury

and/or property damage, including accidental death which may arise directly or indirectly from

CONTRACTOR'S performance of professional services under this contract. The CONTRACTOR

shall be responsible for any liability directly or indirectly arising out of professional services

performed under this contract by a subcontractor which liability is not covered by the

subcontractor's insurance.

1. The CONTRACTOR shall maintain during the life of this contract WORKERS'

COMPENSATION and EMPLOYER'S LIABILITY INSURANCE covering all of the

CONTRACTOR'S employees to be engaged in the work under this contract, providing the required

statutory benefits under North Carolina Workers Compensation Law, and Employers Liability

Insurance providing limits at least in the amount of $500,000/500,000/500,000 applicable to claims

due to bodily injury by accident or disease. Whenever work under this contract includes exposure

to claims under the U. S. Longshoremen's and Harborworker's Act, such coverage shall be

provided by appropriate endorsement to this policy.

The insurer shall agree to waive all rights of subrogation against the Cape Fear Public Utility Authority, its officers, officials, and employees for losses arising from work performed by the contractor for Cape Fear Public Utility Authority.

2. The CONTRACTOR shall take out and maintain during the life of this contract

COMMERCIAL GENERAL LIABILITY INSURANCE, coverage. The AUTHORITY shall be named

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as an additional insured under this policy. Unless otherwise specified, this coverage shall be

written providing liability limits at least in the amount of $1,000,000 per occurrence/$2,000,000

aggregate, Combined Single Limits, applicable to claims due to bodily injury and/or property

damage arising from an occurrence. Exclusions applicable to explosion, collapse and

underground hazards are to be deleted when the work involves these exposures. The

AUTHORITY shall be named an additional insured on this policy.

3. The CONTRACTOR shall take out and maintain during the life of this agreement

AUTOMOBILE LIABILITY INSURANCE. Such coverage shall be written on a comprehensive form

covering owned, non-owned, hired and leased vehicles, providing liability limits at least in the

amount of $1,000,000 per occurrence combined single limits applicable to claims due to bodily

injury and/or property damage. The AUTHORITY shall be named an additional insured on this

policy.

RESPONSIBILITY OF COMPLIANCE WITH LEGAL REQUIREMENTS

The bidder's products, service and facilities shall be in full compliance with any and all applicable

state, federal, local, environmental and safety laws, regulations, ordinances and standards or any

standards adopted by nationally recognized testing facilities regardless of whether or not they are

referred to in this agreement.

CANCELLATION

The Authority reserves the right to cancel this agreement, or any part thereof, at any time, without

penalty, and shall be the sole judge of its decision to cancel this order. Such cancellation may be

based upon failure of seller to comply with the terms and conditions of this transaction, failure to

perform the work with the promptness and diligence, failure to make shipment within the time

specified or for any such reason.

ENVIRONMENTAL MANAGEMENT

The Authority has developed and implemented an ISO 14001 Environmental Management System (EMS), and is third party certified. Per the certification the Authority must ensure all persons doing work on their behalf is made aware of our Environmental Policy. Visit www.cfpua.org, click on How Do I…?, Learn About, and then choose Environmental Protection. Contractor/Vendor certifies by signing this agreement that they have reviewed the Environmental Policy and understand their work contributes to the effectiveness of the EMS and may have a positive or negative impact on the Environment.

ADVERTISING No advertising, sales promotion, other materials or presentations of the Contractor will identify or

reference this contract, or the Cape Fear Public Utility Authority’s name without the written consent

of the Authority. This includes professional conferences, meetings and other events where the

Contractor may be discussing or referencing either verbally or in writing Cape Fear Public Utility

Authority and/or the services or products covered under this contract. Exception may be taken to

the above with regard to listing the Authority as a job history reference in responses to requests for

proposals.

IRAN DIVESTMENT ACT CERTIFICATION

The Contractor named in this agreement is not listed on the Final Divestment List created

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by the State Treasurer pursuant to N.C.G.S. Article 6E, §147. Contractor shall not utilize

any subcontractor found on the State Treasurer’s Final Divestment List located on the

State Treasurer’s website at the address www.nctreasurer.com/Iran

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SIGNATURES

IN WITNESS WHEREOF, the OWNER has caused this Agreement to be duly executed in its

name and behalf and the CONTRACTOR has caused this Agreement to be duly executed in its

name and behalf

CONTRACTOR NAME: ____________________________________ Corporate Seal ADDRESS: ________________________________ ____________________________________ SIGNED BY: ________________________________ President PRINT NAME:________________________________ State of _______________________ County of _____________________ I, ________________________, a Notary Public, of the County and State aforesaid, certify that _________________________, personally appeared before me this day and acknowledged the execution of the forgoing instrument. .

WITNESS my hand and official seal this the _____ day of _________________, 20____.

_________________________________ Notary Public

My commission expires: __________________

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OWNER

CAPE FEAR PUBLIC UTILITY AUTHORITY SEAL:

235 Government Center Drive Wilmington, North Carolina 28403

BY: _____________________________ATTEST: _____________________________ Jim Flechtner Donna S. Pope Executive Director Clerk to the Board

NORTH CAROLINA _________________COUNTY

I, ____________________________ the undersigned Notary Public do hereby certify that Donna S. Pope personally came before me this date and acknowledged that she is the Clerk to the Board of Cape Fear Public Utility Authority, Wilmington, North Carolina, and that, by authority duly given and the act of the Board, the foregoing document was signed in its name by its Executive Director, sealed with its corporate seal, and attested by herself as its Clerk.

WITNESS my hand and official seal this the ____ day of ____________________, 20 ____.

______________________________ Notary Public My commission expires: ________________

AUTHORITY ATTORNEY’S CERTIFICATION

This instrument has been reviewed and is approved as to form this the ____ day of

_______________________, 20____.

________________________________ Linda Miles Consulting Attorney to the Board

AUTHORITY ACCOUNTANT’S CERTIFICATION

This instrument has been pre-audited in the manner required by the Local Government

Budget and Fiscal Control Act this the ______ day of _______________________, 20____.

________________________________ John McLean Chief Financial Officer