2-ITB 269-2026-2033 North Yard Storage Site Construction Project.docx

PROJECT MANUAL

FOR

North Yard Storage Site Construction Project Re-Bid

BID NUMBER:

269-2026-2033

OWNER:

CHARLOTTE AREA TRANSIT SYSTEM (CATS)

CITY OF CHARLOTTE, NORTH CAROLINA

ADVERTISEMENT DATE: April 6, 2026

2018 NCDOT STANDARD SPECIFICATIONS

v.220419

PROFESSIONAL ENGINEER SEAL

(Project Special Provisions Prepared for the City of Charlotte, Charlotte Area Transit System (CATS), 600 East Fourth Street, Charlotte, North Carolina):

TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

LIST OF PLANS

· North Yard Storage Electrical Infrastructure – 10/8/2024

Project Name: North Yard Storage Site Construction Project Re-Bid

00 10 00 – INVITATION TO BID

The City of Charlotte (hereinafter the “City”) will receive sealed bids for the following Project:

PRE-BID LOCATION: Virtual – Microsoft Teams

BID OPENING LOCATION:

Microsoft Teams meeting Join: https://teams.microsoft.com/meet/2332628862493?p=3Zwc7YzXcDc4kJcKe1 Meeting ID: 233 262 886 249 3 Passcode: Dy9pV3nD

Dial in by phone +1 872-256-4172,,440191081# United States, Chicago Find a local number Phone conference ID: 440 191 081#

Join on a video conferencing device Tenant key: cityofcharlotte@m.webex.com Video ID: 119 384 528 2

TITLE VI SOLICITATION NOTICE

The City, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d to 2000d-4) and the regulations of the U.S. Department of Transportation (49 C.F.R. Part 21), issued pursuant to such act, hereby notifies all bidders that it will affirmatively ensure that for any contract entered into pursuant to this Invitation to Bid, businesses will be afforded full and fair opportunity to submit bids in response to this invitation and no businesses will be discriminated against on the grounds of sex, race, color, or national origin in consideration for an award.

DESCRIPTION OF WORK

The project will include construction up-fits at the North Yard Facility with intentions of utilizing the area as storage for CATS. The storage yard, also known as the North Yard Annex, will be a secured and monitored area with access control, security lighting, CCTV cameras, fencing, and power supply capable of providing climate control measures to material as needed.

The estimated cost of this Contract is $100,000. This contract includes a bid alternative estimated at $100,000.

A 5% bid security is required with each bid that equals or exceeds $250,000. Bidders must be properly licensed under North Carolina state law to perform the work.

The City of Charlotte reserves the right to reject any and all bids and to waive any informalities or technicalities as it may deem to be in its best interest.

00 20 00 – INSTRUCTIONS TO BIDDERS

2018 NCDOT Specifications: The January 2018 North Carolina Department of Transportation (NCDOT) Standard Specifications for Roads and Structures (herein referred to as the “NCDOT Standard Specifications”) are part of the Contract Documents and incorporated herein by reference. The Contract Documents are intended to be complementary. In case of any conflict among the Contract Documents that cannot otherwise be resolved, the order of precedence shall be set forth in Article 105‐4 of the NCDOT Standard Specifications.

ARTICLE 1: DEFINITIONS

Whenever the following terms are used in the NCDOT Standard Specifications, in any of the Contract Documents, or in the plans, the intended meaning of such terms shall be as follows:

1) “Chief Engineer”, or “State Highway Administrator” shall mean the “City Engineer.”

2) “Alternate” or “Alternate Bid” shall mean the amount stated in the Bid which may be added to or subtracted from the Base Bid amount if such Alternate(s) are accepted by the City.

3) “Total Amount Bid” or “Total Base Bid” shall mean the correct sum total obtained by adding together the amounts bid for every item in the proposal including contingencies or allowances but excluding Alternates.

4) “Board of Transportation” shall mean “City Council.”

5) “CATS” shall mean the “Charlotte Area Transit System,” a component department of the City of Charlotte.

6) “CATS CEO” shall mean the City of Charlotte Director of Public Transit and Chief Executive Officer of CATS.

7) “City” shall mean the “City of Charlotte, North Carolina”; the City is the Project Owner.

8) “City Engineer” shall mean the CATS CEO.

9) “City Standard” shall mean the latest edition of the applicable “Charlotte Land Development Standards Manual (CLDSM)”, “Charlotte-Mecklenburg Storm Drainage Design Manual”, “Charlotte Mecklenburg BMP Design Manual” and “Charlotte-Mecklenburg Utility Department Policies, Procedures, Standards and Specifications.”

10) “Construction Manager”, “Engineer”, “Division Engineer” or “Resident Engineer” shall mean the City Engineer’s duly authorized Construction Manager to oversee the construction of the Project.

11) “Contract” shall mean the reciprocal undertakings, obligations, and rights of the City and the Contractor evidenced by the executed agreement and other Contract Documents between the City and the Contractor, covering the performance of and compensation of the Work.

12) “Contract Amount”, “Total Contract Amount” or “Contract Sum” shall mean the Total Base Bid plus Alternates accepted by the City.

13) “Contract Documents” shall consist of the Project Manual, the Contractor’s executed bid and forms, Acceptance by the City, and any change orders issued after execution of the Contract.

14) “Date of Availability” shall mean the date of the “Contract NTP.”

15) “Department”, “Department of Transportation”, “Division of Highways”, and “Raleigh Central Office” shall all mean the “Charlotte Area Transit System,” a component department of the City of Charlotte.

16) “Electronic Bid” shall mean the “Electronic Bid Form” and process as defined in Section 00 10 00 – Instructions to Bidders, Article 3 – Bidding Procedures, Subsection 3.3. – Bid Form.

17) “Project Manual” shall mean the complete set of bidding documents issued by the City of Charlotte General Services to include the Invitation to Bid, Instructions to Bidders, Bid Forms, sample project forms, conditions and special provisions of the contract, addenda issued prior to the execution of the contract, and drawings.

18) “State” shall mean “City of Charlotte”; however, “State” shall mean the “State of North Carolina” when the term is referring generically to the “laws of the State.”

19) “State Contract Officer” shall mean “Contract Officer.”

20) “Supplemental Agreements” shall mean “Change Orders.”

ARTICLE 2: BIDDER’S REPRESENTATIONS

2.1 Contractor’s Licenses

Bidders shall be properly licensed under North Carolina state law to perform the Work specified in the Bidding Documents and per Article 102-14 of the NCDOT Standard Specifications. Bids received from bidders not meeting the applicable Contractors’ licensure requirements as required by law and as determined by the Engineer’s estimate may be considered non-responsive and may not be considered for award.

2.2 Bidder Qualifications

Bidders must be experienced in the class of work proposed who can refer to projects of similar magnitude and scope that have been successfully completed by them within the past three years. Bidders to whom award of a Contract is under consideration may be required to submit to the City, upon request, a properly executed Contractor’s Qualifications Statement. The Contractor’s Qualifications Statement may include, but is not limited to, the Bidder’s past projects, financial capability, staff qualifications and availability, references, litigation or claims against the Bidder, list of equipment available to execute the Work and NCDOT pre-qualification status. The City reserves the right to request such qualifications from Bidders as part of its bid evaluation. The Bidder’s failure to submit the requested Qualifications Statement within the timeframe specified by the City may be grounds for bid rejection.

2.3 Site Investigation and Conditions Affecting the Work

By submitting a bid, Bidders certify that they have examined or will examine the work sites to familiarize themselves with the existing conditions on the Project, affecting the cost and execution of the work as described in Article 102-6 of the NCDOT Standard Specifications.

ARTICLE 3: BIDDING PROCEDURES

3.1 The Project Manual

The Project Manual is the bidding document and shall not be altered. The Bid Form provided in the Project Manual by the City shall be used and the Project Manual in its entirety shall be submitted for bid consideration.

3.2 RESERVED

3.3 Bid Form

Bidders shall complete and submit Section 00 40 00 “BID FORMS AND SUPPLEMENTS” of the Project Manual in its entirety for bid consideration. Bidders shall submit Bids using the Bid Form provided in the Bidding Documents. The Bid Form must be completed in its entirety with all entries including signatures written legibly in ink. Unit Prices shall be entered where required and applicable. Incomplete Bid Forms shall be subject to rejection at the discretion of the City.

In the event an addendum is issued to change the Bid Form, the old Bid Form on the website will be replaced with a new updated Bid Form accordingly. A note on the website will indicate the Bid Form has been “changed per addendum # __”. Bidders shall be responsible for verifying completion and submission of the correct Bid Forms.

3.4 Forms, Certifications, and Execution of Bid

Bidders must complete each form, certification, and the Execution of Bid provided the Bidding Documents. Failure to complete and submit the required forms, certifications, and Execution of Bid may be grounds for bid rejection.

3.5 RESERVED

3.6 RESERVED

3.7 Bid Security

A five percent (5%) bid security is required with each bid that equals or exceeds $250,000. A Bid Bond or Bid Deposit, made payable to the City of Charlotte, must be provided in accordance with Article 102-10 of the NCDOT Standard Specifications.

3.8 Electronic Execution of Statutorily Required Bid Bond

Traditionally, the City has required bonds to be submitted as hard copies with wet signatures. Until further notice, the City will also accept electronically executed bid bonds to satisfy the requirements of N.C.G.S. § 143-129(b). For electronically executed bid bonds to be valid, a principal and N.C. licensed surety must agree to transact by electronic means. Additionally, the City requires the bidder and surety to use digital signatures that have the following characteristics: (a) each signature is unique to the person using it; (b) the signatures are capable of certification; and (c) each signature is under sole control of the person using it. The notary requirement is waived for bid bonds that are signed electronically.

If a bid will be submitted via an electronic lock box, all bid documents may be submitted electronically, including the bid bond. If a bid will be submitted in hard copy format to a physical bid box, the electronically signed bid bond must still be physically submitted with the bid package.

The bid bond must meet all other statutory criteria for bid bonds and must be submitted in compliance with the Instruction to Bidders. The City reserves the right to reject bid bonds that do not meet the above criteria.

3.9 Sales and Use Tax

Refer to Section 00 70 00 of this Project Manual for additional information on sales and use tax. The City reserves the right to request from the bidder after bid opening the estimated amount of total Eligible Taxes that were used to calculate the Bid and any supporting documentation of such. The Bidder, in submitting the Bid for consideration, agrees to provide any such sales or use tax estimates or documentation that may be requested by the City.

3.10 Submission of Bids

All bids shall be prepared and submitted in accordance with the following requirements. Failure to comply with any of the requirement may cause the bid to be considered irregular and may be grounds for bid rejection.

1. Obtain an account on the Procurement Portal ‘Bonfire’ to bid electronically at https://charlottenc.bonfirehub.com.

1. Download and read carefully the Project Manual, Plans, and other supplemental documents related to this project from the Procurement Portal.

1. Download electronic bid submittal forms from the Procurement Portal. Bid submittal forms includes 1) Itemized Bid Form, 2) Commercial Non-Discrimination Certification Form, 6) Suspension and Debarment Certification (Prime Bidder), 7) Suspension and Debarment Certification (Subcontractor), 8) Conflict of Interest, 11) Execution of Bid. Each form must be completed in its entirety. Upon completion, bidders shall upload them back on the Procurement Portal as part of the bid submittal. Failure to complete and submit the required forms may be grounds for bid rejection.

1. Itemized bid form in Microsoft Excel format must be completed in its entirety. Bidders shall enter a unit price for each line item requiring a bid amount. The electronic version of the Itemized Bid Form will contain formulas to calculate the extensions, percentages and totals which shall not be altered by the bidders.

1. The bid shall be accompanied by a bid bond or bid deposit when applicable. The bid bond shall be prepared in accordance with Article 3.3 Bid Security of this section. Bidder shall use the Bid Bond form provided with the Project Manual.

1. Addenda will be published on the Procurement Portal. Bidders shall be responsible for inquiring if any addendum has been issued and shall acknowledge receipt of all addenda on the “Execution of Bid” Form. All addenda shall become part of the Contract Documents whether or not received or acknowledged by the Bidder.

1. All bids shall be submitted with an electronically affixed digital signature. Affixing a digital ID to the bid shall be equivalent of signing before a notary public. If the bidder does not have such digital ID, a wet signature will be acceptable when it is notarized on the bid form.

1. On the day of the bid opening, bids will be opened and read publicly at the time mentioned on the Invitation to Bid.

3.11 Bid Protests

Any protest or objection directed to these Instructions to Bidders or other procurement procedures, or to the Contract Documents or other requirements of the Contract, or to an award or proposed award of the Contract, or to the rejection or proposed rejection of any Bid, must be submitted in accordance with CATS’ Bid Protest Procedures as described in CATS Procurement Manual. Copies are available from CATS, 600 East Fourth Street, Charlotte, North Carolina 28202.

ARTICLE 4: BID AWARDS AND REJECTIONS

4.1 Bid Opening

Bid Opening will be conducted in accordance with Article 102-13 of the NCDOT Standard Specifications.

4.2 Rejection of Bids and Disqualification of Bidders

Rejection of Bids and Disqualification of Bidders will be provided in accordance with Articles 102-14 and 102-15, respectively, of the NCDOT Standard Specifications.

4.3 Award and Execution of Contract

Award and execution of Contract will be in accordance with Section 103 of the NCDOT Standard Specifications. The City will award the Contract to the lowest responsive, responsible Bidder or Bidders, taking into consideration quality, performance, and the time specified in the Bids for the performance of the Contract. The City will award the contract or contracts conditioned upon funds being available for construction and other governmental approvals as may be required. The City reserves the right to accept Alternates in any order or combination. The City further reserves the right to determine the low bidder based on the Total Base Bid with Accepted Alternates.

ARTICLE 5: POST-AWARD

5.1 Bonds and Insurance

For bids equal to or greater than $250,000, the successful bidder shall provide the City with performance and payment bonds each in the amount equal to one hundred percent (100%) of the contract amount. Bonds shall be submitted to the City upon ten calendar days of award of the Contract and shall be in conformance with N.C.G.S. § 44A-33. Failure to provide acceptable bonds within ten calendar days of award of the Contract shall be just cause for forfeiture of the bid bond or bid deposit and rescinding the award of the Contract. Award may then be made to the next lowest responsive, responsible bidder or the Project may be re-advertised at the City’s sole discretion.

The Contractor shall submit to the City within ten calendar days of recommendation of award of the Contract a certificate of insurance in the minimum amounts required in the Contract Documents.

5.2 Electronic Execution of Statutorily Required Performance and Payment Bonds Traditionally, the City has required bonds to be submitted as hard copies with wet signatures. Until further notice, the City will also accept electronically executed performance and payment bonds to meet the requirements of N.C.G.S. § 143-129(c) and Article 3 of Chapter 44A of the General Statutes. For electronically executed bid bonds to be valid, a principal and N.C. licensed surety must agree to transact by electronic means. Additionally, the City requires the bidder and surety to use digital signatures that have the following characteristics: (a) each signature is unique to the person using it; (b) the signatures are capable of certification; (c) each signature is under sole control of the person using it; and (d) each signature is linked to document in such a manner that if the text of the document is changed, the electronic signature is invalidated. The notary requirement is waived for payment and performance bonds that are signed electronically and electronically submitted.

Per N.C.G.S. § 44A-33, bonds are still required to be submitted to the City upon ten calendar days of award of the Contract.

The bonds must meet all other statutory criteria for payment and performance bonds and must be submitted in compliance with the Instruction to Bidders. The City reserves the right to reject payment and performance bonds that do not meet the above criteria.

5.3 Pre-Construction Conference

A pre-construction conference will be scheduled as soon as practical after award of the Contract. The Contractor shall attend the pre-construction conference with the prospective project superintendent, any anticipated major subcontractors, major suppliers, and anticipated sources of materials such as concrete, asphalt, select and borrow material. At the conference, the Contractor and the City will discuss all components of the work.

The Contractor shall provide the following items at the conference:

· A quality control program that details the methods and procedures to be taken to assure that all materials and completed work required for the project conform to the Construction Documents. See Contractor Quality Control.

· A proposed progress schedule in a form satisfactory to the Engineer and a statement of the anticipated monthly progress payments showing the percent of progress each month shall be submitted by the Contractor to the City. The schedule shall detail the entire project and incorporate a Critical Path Method (CPM) analysis.

· At least two local telephone numbers that may be used to contact the Contractor or the Contractor’s authorized representative in the event of an emergency after normal business hours.

5.4 Notice to Proceed

The City will issue a Contract Notice to Proceed (“Contract NTP”) to the Contractor upon award and execution of the Contract. The Contractor shall not perform any Work prior to the date of the Contract NTP. The City reserves the right to issue an Administrative Notice to Proceed authorizing the Contractor to place orders for products requiring long lead times, or to obtain certain permits prior to beginning any Work. If an Administrative Notice to Proceed is issued, the Contractor shall not perform any Work prior to the date of the Contract NTP.

00 40 00 – BID FORMS

00 55 00 – CHARLOTTE BUSINESS INCLUSION (CBI) PROGRAM

00 60 00 – PROJECT FORMS

ARTICLE 3: CONTRACTOR'S AFFIDAVIT

RELEASE AND WAIVER OF CLAIM

STATE OF: ________________________________ COUNTY OF: ______________________________

(Name) (Title) _______________________________________________________, being first duly sworn, deposes and says that:

(Contractor)

1. The undersigned is authorized to execute this Affidavit, Release and Waiver of Claim on behalf of the Contractor and has personal knowledge of all facts set forth herein;

2. This Affidavit, Release and Waiver of Claim is made concerning the construction of the following project:

Project Name: North Yard Storage Site Construction Project

Bid No.: 269-2026-1840

3. All payrolls, material bills, sales tax, social security tax, state and federal unemployment insurance, and all other liabilities and taxes owed by the Contractor and arising in any manner from the above-described project have been paid in full;

4. No claim or lien exists in favor of any supplier of materials or labor or in favor of any subcontractor furnishing materials or labor on the above-described project;

5. Notwithstanding the foregoing, if the City of Charlotte or property of the City of Charlotte is subject to any claim or lien which arises in any manner from the failure of the Contractor to pay any liability described above, the Contractor will indemnify and hold the City of Charlotte harmless for any amount which the City of Charlotte is required to pay to discharge such lien or settle such claim and further will pay the City of Charlotte's expenses, costs, and attorney fees incurred in connection therewith;

6. All claims, suits, and proceedings of every name, description, or nature arising out of the above-described project against the City of Charlotte, its officers, employees, and agents have been settled;

7. The Contractor releases and waives any and all claims of every type and description which the Contractor may have against the City of Charlotte arising in any manner from the construction of the above-described project.

(Contractors Signature)

Subscribed and sworn to before me this day of

20___

Signature of Notary Public of

County

State of

My Commission Expires:

ARTICLE 4: U.S. DEPARTMENT OF LABOR PAYROLL FORM (WH-347)

ARTICLE 5: MONTHLY PAYMENT TO SUBCONTRACTORS/SUPPLIERS – FORM B

The following form has been designed to track Contractor’s commitments and actual monthly payments to subcontractors/suppliers on a City project. The form has been formatted to allow the Contractor’s representatives to print or type in the requested information.

Note: An electronic version that can be typed into will be posted on http://charmeck.org/city/charlotte/cats/about/Business/procurement/Pages/dbesbe.aspx

Submit this form with your company’s monthly invoices for payment for work by your company on the City contract.

Contract Number#: List the project’s assigned contract number if it is not already listed.

Project Name: List the official name of the project if it does not already appear.

Contractor Name: List your company’s name.

Non-DBE or DBE Contractor: Check whether your company (as the contractor) is a DBE certified firm.

Reporting Month/Year: Identify the month of the transactions that is being reported.

Dollars Paid to Contractor: Identify all payments that have been made to your company from this contract since the notice to proceed.

List all Subcontractors, Subconsultants, and Material Suppliers that have worked and/or that your company intends to use on the project.

Note: the “” check box column is for City staff use only.

Company, Contact Person, Email and Phone: List the subcontractor/supplier companies’ names, contact persons, email addresses and phone numbers.

Work performed or materials provided: Identify what type of work or materials that were supplied by the subcontractor/supplier companies.

Total Dollars Commitment: Identify the company’s total project estimated dollar commitment to the subcontractor/supplier companies.

Dollars Paid this Month: List the total amount of actual payments made to each subcontractor/supplier company in the reporting month listed.

Total Dollars Paid since NTP: List the total amount of actual payments made to the subcontractor/supplier company since the Notice to Proceed.

That official authorized and responsible for certifying payments listed on the form should:

Print his or her name and title.

Type or print the phone number of the representative responsible for certifying subcontractor payments.

Sign and date the form in the presence of a notary. Have the notary certify the representative’s signature.

MONTHLY PAYMENTS TO SUBCONTRACTORS/SUPPLIERS – FORM B

Contractor Name:

Reporting Month/Year:

Dollars Paid to Contractor:

Submit this form with invoice. Below list all Subcontractors, Subconsultants, and Material Suppliers that have worked and/or that your company intends to use on this Project. List actual payments made in the reporting month listed above.

I certify that this information accurately reflects actual payments made to Subcontractors, Subconsultants, and Material Suppliers on the above referenced Project, and that all Suppliers providing goods under this Contract have been listed in the Sales Tax Statements submitted to the City in connection with this Payment Affidavit. If no subcontractors or suppliers are listed on the preceding chart or Sales Tax Statements, the Contractor certifies that no subcontractors or suppliers were used in performing the Project/Contract for the payment period indicated.

Signature of Authorized Official

Printed Name

Title

Date

Phone Number of Signer

NOTARY CERTIFICATION

Place Seal Here

NOTARY CERTIFICATION

STATE OF ___________________________

COUNTY OF __________________________

Subscribed and sworn to before me this day of

20___

Signature of Notary Public of

County

State of

My Commission Expires:

ARTICLE 6: STATE/COUNTY SALES/USE TAX STATEMENT

CONTRACTOR/ SUBCONTRACTOR:

PERIOD COVERED:

PAGE:

of

Invoice No.

Invoice Date

Vendor No.

Tax Total Invoice Amount County Paid

Plus, total cost of material withdrawn from our warehouse stock

I certify that the above listed vendors were paid sales tax upon purchases of building material during the period covered by the construction estimate, and the property upon which such taxes were paid with or will be used in the performance of this contract. No tax on purchases of tangible personal property purchased by such contractors for use in performing the contract which does not annex to, affix to, or in some manner become a part of the project, building, structure or repairs included in the above list.

Signed:

Subscribed and sworn to before me this day of

20___

Signature of Notary Public of

County

State of

My Commission Expires:

00 70 00 – STANDARD SPECIAL PROVISIONS

Section 00 10 00 (Invitation to Bid) and Section 00 20 00 (Instructions to Bidders) are hereby incorporated and made a part of Standard Special Provisions.

ARTICLE 1: NCDOT STANDARD SPECIFICATIONS

1.1 NCDOT Standard Specifications

2018 NCDOT Specifications: The January 2018 North Carolina Department of Transportation (NCDOT) Standard Specifications for Roads and Structures, herein referred to as the “NCDOT Standard Specifications,” is part of the Contract Documents and incorporated herein by reference. The Contract Documents are intended to be complementary. In case of any conflict among the Contract Documents that cannot otherwise by resolved, the order of precedence shall be as set forth in Article 105-4 of the NCDOT Standard Specifications.

The NCDOT Standard Specifications are hereby modified as follows:

102-9(A)

Replace “Federal Highway Administration requirements, as published in 49 CFR Part 29” with “49 CFR Part 26”.

In line 22, replace “14 calendar days” with “10 calendar days”.

Delete lines 22 to 27.

102-14(A) and 103-2 (A)(4)(a) In addition to “State Funded Projects”, these sections also apply to “City Funded Projects.”

103-3(B) and 103-3(C) Delete these sections in its entirety and replace applicable procedures established in North Carolina General Statutes 143-129.1.

When the Engineer and the Contractor agree to the prices to be paid, the agreement will set forth in a change order. The Contractor may begin work by written authorization from Engineer before executing the change order.

In line 18, replace the phrase “the product conforms to the above” with “the product conforms to Buy America requirements in the Contract Documents, 49 USC § 5323(j), and 49 CFR Part 661.”

In line 27, replace “Federal Highway Administration” with “Federal Transit Administration”

109-4(A) and 109-4(B) Delete this section in its entirety and replace with Article 2.14 Payments of Section 00 70 00 of this Project Manual.

Amend line 9 to read as follows: “accordance with this subarticle, or otherwise agreed upon by the parties to this Contract.”

1.2 Errata

Revise the NCDOT 2018 Standard Specifications as follows:

Division 6 Page 6-7, Article 609-1 DESCRIPTION, line 29, replace article number “609-10” with “609.9”.

Division 7 Page 7-27, Article 725-1 MEASUREMENT AND PAYMENT, line 4, replace article number “725-1” with “724-4”.

Page 7-28, Article 725-1 MEASUREMENT AND PAYMENT, line 10, replace article number “725-1” with “725-3”.

Division 10 Page 10-78, Article 1056-4 GEOTEXTILES, TABLE 1056-1, Permittivity, Type 2, replace “Table 6D” with “Table 7D” and Permittivity, Type 3B, replace “Table 7D” with “Table 8D”.

Page 10-121, Article 1076-7, REPAIR OF GALVANIZING, line 8, replace article number “1080-9” with “1080-7”.

Page 10-162, Article 1080-50 PAINT FOR VERTICAL MARKERS, line 1, replace article number “1080-50” with “1080-10”.

Page 10-162, Article 1080-61 EPOXY RESIN FOR REINFORCING STEEL, line 5, replace article number “1080-61” with “1080-11”.

Page 10-162, Article 1080-72 ABRASIVE MATERIALS FOR BLAST CLEANING STEEL, line 22, replace article number “1080-72” with “1080-12”.

Page 10-163, Article 1080-83 FIELD PERFORMANCE AND SERVICES, line 25, replace article number “1080-83” with “1080-13”.

Division 17 Page 17-15, Article 1715-4 MEASUREMENT AND PAYMENT, lines 42-44, replace the second sentence with the following:

An example is an installation of a single 1.25-inch HDPE conduit would be paid as:

Directional Drill (1) (1.25) Linear Foot

ARTICLE 2: CITY STANDARD PROVISIONS

2.1 RESERVED

2.2 RESERVED

2.3 EXISTING UTILITIES

The Contractor will contact and notify all involved utility location service providers of the effect of the Contract on their respective utility. Construction plans and anticipated construction schedules will be provided to the utility owners. Each utility owner will be requested to attend the preconstruction conference to discuss potential conflicts and their schedule for relocation where required. All adjustments or relocations will be made by the utility owner unless otherwise indicated in the Contract Documents.

The owners of utilities in this Project could include:

1. Alltel / Windstream Communications

2. Duke Energy Company

3. Piedmont Natural Gas Company

4. Charlotte-Mecklenburg Utility Department

5. American Telephone & Telegraph

6. Spectrum

7. MCI Communications

8. Charlotte Department of Transportation

9. Xspedius Communications

The Contractors work shall be in accordance with N.C.G.S. § 87-115, Underground Utility Safety and Damage Prevention Act” (2013-407, s 2.). To assist the Contractor and utility owners in meeting the requirements of this law, there is a service provider called “NC811.” Most major utilities with underground facilities in the State subscribe to this service.

From within North Carolina, dial 811. For calls originating outside (or inside) of North Carolina, the toll-free number (800) 632-4949 may be used. NC811 can also be accessed via the Internet at https://www.nc811.org/ .

The Contractor shall include the cost of any coordination and cooperation of utilities in his bid.

No additional compensation shall be allowed for delays or inconvenience sustained by the Contractor due to utility relocation or adjustments. No additional payment will be made for re-mobilization required by the utility’s failure to relocate a utility at the request of the Contractor.

No additional compensation will be made for excavating near or around existing utilities, for purposes of locating or for preservation. Not all utilities (underground or above ground) will be relocated. Contractor shall consider any mechanized and/or hand digging necessary to preserve integrity of utilities in his unit bid prices.

Where changes to utility facilities are to be made solely for the convenience of the Contractor, it shall be the Contractor’s responsibility to arrange for such changes, and the Contractor shall bear all costs of such changes.

2.4 RESERVED

2.5 RESERVED

2.6 RECLAMATION OF WASTE OR BORROW SOURCES

All removal, disposal, and storage of waste and borrow material for this Project will be required to meet the NCDOT Standard Specifications. In addition, the following City requirements apply. If any borrow or waste areas are to be utilized, it shall be the responsibility of the Contractor to notify the property owner that the property owner is responsible for any damage occurring at the site, either as part of the agreement with the Contractor, or on his own. The cost of all work of securing the borrow site, sediment control, re-grading and seeding shall be the responsibility of the property owner or contractor per their separate agreement.

The City will not participate in the cost of this reclamation work on the waste or borrow areas. Prior to final payment being made, the Contractor shall obtain a release from the property owner of the borrow or waste site utilized for the Project.

2.7 HAZARDOUS MATERIALS

Any hazardous, contaminated, or toxic material shall be handled in accordance with Article 107-25 of the NCDOT Standard Specifications.

If the Contractor encounters any materials considered or suspected of being hazardous, he shall immediately secure the area, discontinue operations, and contact the Charlotte-Mecklenburg Hazardous Materials Coordinator, telephone 704-336-2461 for further instructions. All activities shall be required to meet the NCDOT Standard Specifications – Article 107-25.

2.8 CONTROL OF EROSION, SILTATION AND POLLUTION

Control of Erosion, Siltation and Pollution shall be in accordance with Article 107-12 of the NCDOT Standard Specifications. The Contractor shall comply with the approved Sediment and Erosion Control Permit, including the special conditions. Additionally, for elements/areas not covered in the approved permit, the Contractor shall comply with the following additions:

1. When Contractor's means and methods require removal of existing site improvements such as pole foundations, or other practices causing soil disturbance in areas not protected by the erosion control measures shown on the plans, correct such disturbances on same day in compliance with NC Department of Environmental and Natural Resources (DENR) requirements. For corrective work not completed in a single day, erosion control measures and permits will be required as part of Contractor's means and methods, at no additional compensation or Contract Time to the City.

2. If Contractor elects to perform this work on days when rain occurs, additional erosion control measures and permits will be required as part of contractor's means and methods, at no additional compensation or Contract Time to the City.

3. If soils are disturbed within 500' of a wetland or jurisdictional stream, erosion control measures shall be required in accordance with NCDOT Standard Specifications.

Financial Responsibility If this Project is subject to the “North Carolina Department of Environmental Quality Sediment Pollution Control Act”, the City has already acquired the permit. The Contractor, upon recommendation of award shall complete Part B of the Financial Responsibility/Ownership form provided by the City. The City will then transfer financial responsibility of the erosion control permit to the Contractor. The City of Charlotte will pay the cost of the application fees. The Contractor will be responsible for any fines levied for violation of the approved erosion control plan.

2.9 CONSTRUCTION STAKES, LINES, AND GRADES

Revision Date: 09/01/2023 by CATS See Special Provision SP-19

2.10 MAINTENANCE OF THE PROJECT

Maintenance of the Project shall be in accordance with Article 104-10 of the NCDOT Standard Specifications.

The Contractor shall furnish and erect, at no additional cost to the City, whatever sidewalks, bridges, culverts, or other works as may be necessary for the protection of the public, including, but not limited to, barricades, fences, etc. and for the safe and proper execution of other public utility lines so as not to interfere therewith or damage or cause damage thereto. The Contractor shall be responsible for all damages to persons or property that occur because of his fault, omission, or negligence in connection with the prosecution of the work and shall be responsible for the proper care and protection of all work performed hereunder until completion and final acceptance, whether or not the same has been covered in whole or in part by payments made by the City.

2.11 STORAGE OF MATERIALS AND EQUIPMENT

Storage of Materials and Equipment shall be in accordance with Article 106-5 of the NCDOT Standard Specifications.

The Contractor shall be responsible for locating and providing storage areas for construction materials and equipment. The material and equipment storage shall comply with all local and state ordinances throughout the construction period. The Contractor shall restore the storage area to its original condition upon completion of the Project or upon such time as directed by the Engineer. Such restoration shall be at no additional cost to the City.

The Contractor shall be responsible for the safeguarding of materials and equipment against fire, theft and vandalism and shall not hold the City responsible in any way for the occurrences of same. The Contractor shall furnish and erect, at no additional cost, whatever works may be necessary for the protection of the public, including but not limited to barricades, fences, etc. Prior to final payment being made, the Contractor shall obtain a release from the property owner of the storage area utilized for the Project.

The interior of all pipe and other accessories shall be always kept free from dirt and foreign materials. Each piece shall be redundantly chocked at each end to prevent movement or rolling. Pedestrian or vehicular traffic shall not be unduly inconvenienced in placing of material along the streets or right-of-way, as applicable. Only the amount of pipe and accessories that will be installed that day will be allowed to be strung.

During the progress of the Work, the Contractor shall keep the premises free from accumulation of waste materials, rubbish, and other debris resulting from the Work.

There will be no separate measurement or payment for Storage of Materials and Equipment. All costs associated with this item, including equipment, labor, and material, shall be considered incidental and included in the costs of the various pay items in the Bid.

2.12 SUBLETTING

Subletting of Contract shall be in accordance with Article 108-6 of the NCDOT Standard Specifications.

The Engineer reserves the right to waive the subcontracting limits set forth in Article 108-6 of the NCDOT Standard Specifications whenever it is deemed to be in the best interest of the City. The limits can be waived only upon written approval from the Engineer.

The Contractor shall be responsible for supervising, managing, and coordinating the Work of his subcontractors, and for resolving any conflicts that may arise among them, and any disputes concerning their respective responsibilities or the scope of their Work. The City shall have the right to approve all subcontractors, except that, if the solicitation of Bids for the Contract required or authorized certain subcontractors to be under contract at the time it is entered into, such subcontractors shall be considered to have been approved.

The Contractor shall not execute any subcontract without the prior review and written approval of that specific subcontract from the City. Each specific subcontract shall contain a clause incorporating by reference all terms and conditions of this Contract. The Contractor shall provide to the City a copy of each executed subcontract. In the event the Contractor does execute a subcontract without the prior written approval of that specific subcontract from the City, liquidated damages may be assessed against the Contractor in addition to any other damages that the City may be entitled to for such a breach of this Article. The City may also require the Contractor to renegotiate a subcontract executed in violation of this Article to add any subcontract provisions required by this Contract that may have been omitted from such subcontract. Each subcontract agreement shall contain the FTA Supplemental Conditions in accordance with Section 00 55 00 of this Project Manual.

Before any subcontractor performs any Work on the site, the Contractor shall obtain the City’s approval of the subcontractor and submit any certificates required including but not limited to insurance, debarment, Equal Employment Opportunity, and DBE. The Contractor shall ensure that all subcontractors supply relevant information on the same forms as the Contractor.

The Contractor, in paying his subcontractors and suppliers, shall fully and strictly comply with N.C.G.S. § 143-134.1, and shall, by means of appropriate provisions in all subcontracts and orders for materials, supplies, or equipment, and by all other appropriate means, ensure that all subcontractors and suppliers fully and strictly comply with N.C.G.S. § 143-134.1.

It is the policy of the City that prompt payment for all purchases and services satisfactorily rendered are to be made to all subcontractors.