2-ITB 269-2026-2083 BOD Bus Paint Related Materials.pdf

BOD Bus Paint & Related Materials ITB# 269-2026-2083 May 8, 2026 1

CITY OF CHARLOTTE

DEPARTMENT OF GENERAL SERVICES- CITY PROCUREMENT

600 EAST FOURTH STREET,

12TH FLOOR

CHARLOTTE, NORTH CAROLINA 28202

Date: MAY 8, 2026 Bid Number: 269-2026-2083

Subject: Invitation to Bid on the following apparatus, supplies, materials, equipment and/or services for:

BOD BUS PAINT AND RELATED MATERIALS

This letter extends an invitation for the submission of a Bid to supply the City of Charlotte with apparatus, supplies, materials, equipment, and/or services as indicated above. The City of Charlotte uses a Bonfire e- Procurement Portal (“Procurement Portal” - https://charlottenc.bonfirehub.com) to accept and evaluate bids digitally. Bids must be submitted electronically through the Procurement Portal on or before the Bid Due Date to be accepted.

No Pre-Bid Meeting will be held for this procurement.

Any changes to the terms, conditions, or specifications stated in this ITB will be documented in a written addendum and will be posted on the Procurement Portal. Each Bidder is required to acknowledge receipt of all addenda. Please note that we may not consider any Bid that fails to acknowledge receipt of each issued addendum.

A response from your Company to this ITB would be appreciated. Questions should be submitted in writing through the Vendor Discussions section on the Procurement Portal.

Sincerely, Lorena Nazario Transit Procurement Officer https://charlottenc.bonfirehub.com/

ITB# 269-2026-2083 May 8, 2026 2

Checklist for Submitting a Bid:

Step 1 Read the document thoroughly.

Step 2 Review the solicitation timeline and upcoming events in the Procurement Portal, and download copies of any documents if you plan to submit a Bid.

Step 3 Submit any questions via the Vendors Discussion Section in the Procurement Portal by the deadline(s) noted for the solicitation.

Step 4 Conduct a thorough review of the Sample Contract. Any exceptions to the Sample Contract must be uploaded in Word format (with redlines/tracked changes) or, alternatively, submit an “Exceptions Form.” An “Exceptions Form” template is found under the Public Files in the Procurement Portal.

Step 5 Monitor the Procurement Portal for any addendums and responses to questions.

If you plan to submit a Bid, you must submit all required documents and respond to all questions within the Procurement Portal for the ITB.

If awarded a contract, your company must provide an insurance certificate(s) that meets or exceeds the requirements outlined in the Sample Contract.

ITB# 269-2026-2083 May 8, 2026 3

TABLE OF CONTENTS

INSTRUCTIONS TO BIDDERS

1.1. REVIEW AND COMPLY:

1.2. DEFINITIONS:

1.3. CONTRACT DOCUMENTS:

1.4. EXCEPTIONS:

1.5. MULTIPLE/ALTERNATE BIDS:

1.6. HOW TO PREPARE BID RESPONSES:

1.7. HOW TO SUBMIT BID RESPONSES:

1.8. BID OPENING:

1.9. TRADE SECRETS AND PERSONAL IDENTIFICATION INFORMATION:

1.10. QUESTIONS:

1.11. HOW TO SUBMIT AN OBJECTION RELATING TO THIS INVITATION TO BID:

1.12. BINDING OFFER:

1.13. ERRORS IN BIDS:

1.14. CITY’S RIGHTS AND OPTIONS:

1.15. BIDS ON ALL OR PART:

1.16. INVITATION TO BID NOT AN OFFER:

1.17. CHARLOTTE BUSINESS INCLUSION PROGRAM:

1.18. EQUAL OPPORTUNITY:

1.20. NO COLLUSION OR CONFLICT OF INTEREST:

1.21. ANTI-LOBBYING PROVISION:

1.22. CERTIFIED TEST REPORT:

1.23. BRAND NAME:

1.24. TO SUBMIT A PROPOSED ALTERNATE PRODUCT IN LIEU OF A SPECIFIED BRAND:

1.25. INITIAL EVALUATION OF SAMPLES:

1.26. STATUTORY REQUIREMENTS:

1.27. GUARANTOR:

1.28. AWARD CRITERIA:

1.29. ENVIRONMENTAL PREFERABLE PURCHASING:

1.30. CONTRACT AWARD BY CHARLOTTE CITY COUNCIL:

1.31. PROCUREMENT SCHEDULE

1.32. POST-AWARD CONFERENCE:

TERMS AND CONDITIONS

2.1. CONTRACT TYPES:

2.2. TERMS OF CONTRACT:

2.3. NOTICE TO PROCEED:

2.4. DELIVERY TIME:

2.5. PRICES ARE FIRM:

2.6. PROMPT PAYMENT DISCOUNTS:

2.7. QUALITY:

2.8. INSPECTION AT BIDDER’S SITE:

2.9. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION:

2.10. INSURANCE:

ITB# 269-2026-2083 May 8, 2026 4

SPECIFICATIONS

3.1. BACKGROUND:

3.2. SCOPE:

3.3. MANUFACTURER/MODEL:

3.4. QUANTITIES:

3.5. PRODUCT SPECIFICATIONS:

3.6. PRODUCT STANDARDS:

3.7. ALTERNATE PRODUCTS:

3.8. WARRANTY:

3.9. INSTALLATION:

3.10. PRICING:

3.11. DELIVERY:

3.12. DELIVERY PERSONNEL:

3.13. INVOICES:

3.14. AWARD OF CONTRACT:

3.15. CITY CONTRACTING REQUIREMENTS:

3.16. ITEMS UNDER CONTRACT:

3.17. CUSTOMER SERVICE REPRESENTATIVE:

3.18. PERMITTING RESPONSIBILITIES:

3.19. NO LIMITATIONS ON DISCLOSURE

3.20. CITY DEPARTMENT PARTICIPATION:

3.21. RETURNS AND RESTOCKING CHARGES:

3.22. PLACEMENT OF ORDERS:

3.23. PRODUCT SPECIFICATIONS AND OR EQUAL STANDARD

Section One Instructions to Bidders

BOD Bus Paint & Related Materials ITB# 269-2026-2083 May 8, 2026 5

INSTRUCTIONS TO BIDDERS

1.1. Review and Comply:

Each reference to this Invitation to Bid (“ITB”) includes all components listed in the Table of Contents above. Please review each of them carefully. Bidders will be held accountable for having full knowledge of the contents of this ITB and for performing any due diligence that may be necessary to submit a binding Bid.

1.2. Definitions:

Addendum: Refers to any and all modifications or additions to this Invitation to Bid issued in writing by City Procurement.

Bid: Refers to a bid submitted by a company in response to this Invitation to Bid. A Bid shall be submitted on the Procurement Portal.

Bid Response Forms: Refers to the forms that a Bidder is required to complete and return as its Bid, as included in the Public Files on the Procurement Portal.

Bidder: Refers to a person or entity that submits a Bid.

CBI: Refers to the Charlotte Business INClusion office of the City of Charlotte.

CCPA: Refers to the Charlotte Cooperative Purchasing Alliance.

Charlotte Combined Statistical Area (CSA): Refers to the area consisting of the North Carolina counties of Anson, Cabarrus, Cleveland, Gaston, Iredell, Lincoln, Mecklenburg, Rowan, Stanly, and Union, and the South Carolina counties of Chester, Lancaster, and York; criteria used by Charlotte Business INClusion to determine eligibility to participate in the program.

City: Refers to the City of Charlotte, North Carolina.

Company: During the solicitation process, refers to a company interested in providing the Products and Services. The solicitation process refers to a company that enters into a Contract with the City for all or part of the Products and Services covered by this ITB.

Contract: A Bidder agrees to provide all or part of the Products and Services to the City. A Contract shall include the Terms and Conditions set forth in the Sample Contract provided in the Public Files on the Procurement Portal.

Environmentally Preferable Products: Products that have a lesser or reduced effect on human health and the environment when compared with competing products that serve the same purpose. This comparison may consider raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance, or disposal of the product.

Minority Business Enterprise (MBE): Refers to a business enterprise that (i) is certified by the State of North

Carolina as a Historically Underutilized Business (HUB) within the meaning of N.C. Gen. Stat. § 143-128.4; (ii) is at least fifty-one percent (51%) owned by one or more persons who are members of one of the following groups: African American or Black, Hispanic, Asian, Native American, or American Indian; and (iii) has a significant business presence in the Charlotte Combined Statistical Area.

BOD Bus Paint & Related Materials ITB# 269-2026-2083 May 8, 2026 6

MWSBE: Refers to SBEs, MBEs, and WBEs collectively.

MWSBE Goal: If an ITB or Contract has separate Subcontracting Goals for MBEs, WBEs, and/or SBEs, the term MWSBE is a shorthand way to refer collectively to all MBE, WBE, and SBE Goals set for the ITB. In some instances, the City may set one combined goal for MBEs, WBEs, and/or SBEs, in which event the term MWSBE Goal refers to that one, combined goal. In the latter instance, calculated as a percentage, the MWSBE Goal represents the total dollars spent with MBEs, WBEs, and SBEs as a portion of the total Bid amount, including any contingency.

Post-Consumer Recycled Material: Refers to material and by-products that have served their intended end-use by a consumer and have been recovered or diverted from solid waste. It does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

Procurement: Refers to the City of Charlotte’s Department of General Services - City Procurement.

Products: Refers to all products that the Bidder agrees to provide to the City as part of its Bid.

Recyclability: Products or materials that can be collected, separated, or otherwise recovered from the solid waste stream for reuse or used in the manufacture or assembly of another package or product through an established recycling program. For products made of recyclable and non-recyclable components, the recyclable claim should be adequately qualified to avoid consumer deception about which portions or components are recyclable.

Recycled Material: Refers to material and by-products that have been recovered or diverted from solid waste for recycling. It does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

Services: Refers to all services that the Bidder agrees to provide to the City as part of its Bid, including but not limited to training, warranty, and maintenance.

Small Business Enterprise (SBE): Refers to a business enterprise certified by the City of Charlotte under Part

E of the CBI Policy as meeting all of the requirements for SBE certification.

Specifications: Refers to the written description of the functions or features of the Products and Services for which the City seeks bids, as shown in Section 3.

Terms and Conditions: Refers to the City’s standard contractual terms and conditions as outlined in the Sample Contract.

Women Business Enterprise (WBE): Refers to a business enterprise that (i) is certified by the State of North

Carolina as a Historically Underutilized Business (HUB) within the meaning of N.C. Gen. Stat. § 143-128.4; (ii) is at least fifty-one percent (51%) owned by one or more persons who are female; and (iii) has a significant business presence in the Charlotte Combined Statistical Area.

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1.3. Contract Documents:

Each Bid constitutes an offer to become legally bound to a Contract with the City incorporating the ITB and the Bidder’s Bid. Upon Contract award by the City Council, the City will send the successful Bidder the Contract, which shall consist of the Terms and Conditions contained in the Sample Contract and all attachments referenced therein.

1.4. Exceptions:

Each Bid submitted in response to this ITB constitutes a binding offer to comply with all terms, conditions, special conditions, specifications, and requirements stated in this ITB (including but not limited to the Terms and Conditions), except to the extent that a Bidder takes exception to such provisions in the manner required by this Section. To take exception to a provision of this ITB or Sample Contract, the Bidder must either upload a redlined version or an “Exceptions Form” via the Procurement Portal identifying each exception. Exceptions should clearly identify the following items: (1) indicate the number and Transit Lorena Nazarioof each section of this ITB that the Bidder takes exception to; (2) identify the specific sentence within such section that the Bidder takes exception to; and (3) include any alternate provision proposed by the Bidder.

If exceptions are not identified by way of an uploaded redline version or by way of an Exceptions Form, then they may not be considered during Contract negotiations. Bidders are also reminded that a material variance from the terms of this ITB may result in the Bid being rejected by the City.

1.5. Multiple/Alternate Bids:

No Bidder shall submit more than one (1) Bid unless multiple or alternate Bids are requested in the Special Conditions. Unless expressly stated in the Special Conditions, any multiple or alternate Bids must be brought to the City's attention either during the Pre-Bid Conference or submitted in writing at least five (5) days before the opening of the Bid.

1.6. How to Prepare Bid Responses:

All bids shall be prepared as follows:

• Complete the Bid Response Forms provided in the Procurement Portal under the “Requested Information”. Bid responses must be submitted only on these forms.

• Bid responses must be typewritten and signed by the Bidder or the bidding firm's authorized representative. All erasures or corrections must be initialed and dated by the person who signs the Bid Response Form on behalf of the Bidder.

• Bids must be accompanied by accurate descriptions of the exact materials, supplies, vehicles, and/or equipment offered for purchase. The Specifications may require copies of detailed factory specifications, ratings, technical data, etc., be submitted along with the Bidder's response package.

1.7. How to Submit Bid Responses:

All Bidders shall:

• Submit their electronic Bid proposal via the Procurement Portal at https://charlottenc.bonfirehub.com no later than June 8, 2026 at 1 p.m. EST. The original Bid shall be complete and unabridged and shall not refer to any other copy of the signed and sealed original for any references, clarifications, or additional information. When received, all Bids and supporting materials, as well as correspondence relating to this ITB, shall become the property of the City.

Bids not received by the time and date specified in this section will not be considered unless the delay results from the negligence of the City, its agents, or assigns.

https://charlottenc.bonfirehub.com/

BOD Bus Paint & Related Materials ITB# 269-2026-2083 May 8, 2026 8

Note that the Bid opening date listed above is based on the assumption that one or more Bidders will submit samples of alternate products for evaluation by the City. In the event no samples are submitted, or in the event, the evaluation does not require as much time as anticipated, the City may move up the Bid opening date by issuing a written addendum to this ITB. The City reserves the right to change the Bid opening date, or any other dates relevant to this procurement process, at any time in its sole discretion.

1.8. Bid Opening:

The bid opening will be conducted via Microsoft Teams. To livestream the bid opening via Teams, email Lorena Nazario at Lorena.nazario@charlottenc.gov for an email link to join the Teams Meeting. Instructions to use Microsoft Teams are below.

Joining a Teams Meeting:

Email Link:

You can join the meeting by clicking on the “Click here to join the meeting” link in your email invitation.

• You have three choices:

o Download the Windows app: Download the Teams desktop app o Continue on this browser: Join a Teams meeting on the web o Open your Teams app: If you already have the Teams app, go right to your meeting

• Type your name

• Choose your audio and video settings

• Select Join now

• Depending on meeting settings, you'll get in right away, or go to a lobby where someone in the meeting will admit you

Call in:

If you're unable to use the Teams app or Teams on the web, you can join some meetings by calling a phone number.

• If there's a phone number and conference ID in the meeting invite, just dial the number to join.

• The number in your invitation may not be local to you. Select Find a local number to get one that is.

1.9. Trade Secrets and Personal Identification Information:

Definition Upon receipt by City Procurement, all materials submitted by a Bidder (including the Bid) are considered public records except for: (1) material that qualifies as “trade secret” information under N.C. Gen. Stat. § 66-152 et seq. (“Trade Secrets”), or (2) “personal identification information” protected by state or federal law, to include, but not be limited to, Social Security numbers, bank account numbers, and driver’s license numbers (“Personally Identifiable Information” or “PII”).

Instructions for Marking and Identifying Trade Secrets If any Bid contains Trade Secrets or PII, such Trade Secrets and PII must specifically and clearly be identified in accordance with this Section by clearly separating them from the rest of the Bid and marked either “Personally Identifiable Information – Confidential” or “Trade Secret— Confidential and Proprietary Information.” This confidentiality caption must appear on each page of the Trade Secret or PII materials, and the document(s) must be submitted separately in the Procurement Portal.

mailto:Lorena.nazario@charlottenc.gov

BOD Bus Paint & Related Materials ITB# 269-2026-2083 May 8, 2026 9

Availability of Bids to City Staff and Contractors By submitting a Bid, each Bidder agrees that the City may reveal any Trade Secret materials and PII contained therein to all City staff and City officials involved in the selection process, and to any outside consultant or other third parties who assist in the selection process or who are hired or appointed by the City to assist in the selection process.

Availability of Bids via Public Records Requests Any person or entity (including competitors) may request Bids submitted in response to an ITB.

Only those portions of ITBs properly designated as Trade Secret or PII are not subject to disclosure.

The public disclosure of the contents of a Bid or other materials submitted by a Bidder is governed by N.C. Gen. Stat. §§ 132 and 66-152, et seq.

When determining whether to mark materials as Trade Secret, please note the following:

• Entire Bids may not be marked as Trade Secret; and

• Pricing may not be marked as Trade Secret.

The City may disqualify any Bidder that designates its entire Bid as a Trade Secret or PII, or any portion thereof that clearly does not qualify under applicable law as a Trade Secret or PII. Each Bidder agrees to indemnify, defend, and hold harmless the City and each of its officers, employees, and agents from all costs, damages, and expenses incurred in connection with refusing to disclose any material that the Bidder has designated as a Trade Secret or PII. This includes an obligation on the part of the Bidder to defend any litigation brought by a party that has requested Bids or other information that the Bidder has marked Trade Secret or PII.

1.10. Questions:

Submit a question in writing under the Vendor Discussion section on the Procurement Portal.

Bidders should refrain from contacting City staff prior to the Bid opening date. The City is not bound by any statements, representations or clarifications regarding this ITB other than those provided in writing by the Procurement Officer.

Questions should reference the ITB page and topic number. Questions must be submitted by 1 p.m.

EST on June 1 ,2026

The City will post answers to questions posed by prospective Bidders and/or general information concerning this ITB in the form of an addendum to the ITB on the Procurement Portal. The prospective Bidder is responsible for checking the Procurement Portal for any addenda issued for this ITB.

A Pre-bid Conference will not be held for this solicitation.

1.11. How to Submit an Objection Relating to This Invitation to Bid:

When a Pre-Bid Conference is scheduled, Bidders should either present their objection at that time (either verbally or in writing) or submit a written objection through the Procurement Portal before the scheduled Pre-Bid Conference.

When a Pre-Bid Conference is not scheduled, Bidders must submit objections in writing through the Procurement Portal at least ten (10) days before the opening of the Bid.

Except for objections raised at the Pre-Bid Conference, all objections must be in writing and directed to the Lorena Nazariodesignated in the preceding section.

Failure to object in the manner specified above shall constitute a waiver of any objections the Bidder may have to the terms of this ITB or anything that occurred in the Bid process through the end of the Pre-Bid Conference.

BOD Bus Paint & Related Materials ITB# 269-2026-2083 May 8, 2026 10

1.12. Binding Offer:

Each Bid shall constitute a firm offer that is binding for one hundred twenty (120) calendar days from the Bid opening date.

1.13. Errors in Bids:

Withdrawal of inadvertently erroneous Bids may be permitted where appropriate if the request is submitted to the City within seventy-two (72) hours after Bid opening, not including Saturdays, Sundays, and other days the City of Charlotte is not open to the public for business. A request for withdrawal must be made in writing and directed to LORENA NAZARIO through the Procurement Portal. Consideration of a request to withdraw a bid will be made in accordance with N.C. Gen. Stat. § 143-129.1.

In case of Bidder errors calculating “extended” prices stated in a Bid, the unit prices shall govern.

1.14. City’s Rights and Options:

The City reserves the following rights, which may be exercised at the sole discretion of the City of Charlotte:

• to supplement, amend, substitute, or otherwise modify this ITB at any time;

• to cancel this ITB with or without the substitution of another ITB;

• to take any action affecting this ITB, this ITB process, or the Products or Services subject to this ITB that would be in the best interests of the City;

• to issue additional requests for information;

• to require one or more Bidders to supplement, clarify, or provide additional information in order for the City to evaluate the Bids submitted;

• to conduct investigations concerning the qualifications and experience of each Bidder;

• to change the Bid opening date or any other dates relevant to this ITB;

• to waive any defect or irregularity in any Bid received;

• to reject any or all Bids;

• to award all, none, or any part of the items that are in the best interest of the City, with one or more of the Bidders responding, which may be done with or without re-solicitation; and

• to enter into any agreement deemed by the City to be in the City's best interest, with one or more of the Bidders responding.

1.15. Bids on All or Part:

Unless otherwise specified by the City or the Bidder, the City reserves the right to award all or part of the items to be purchased. Bidders may restrict their bids to aggregate consideration by stating in the Bid. However, Bids restricted to consideration in the aggregate must also include a unit price on each item Bid.

1.16. Invitation to Bid Not an Offer:

This ITB does not constitute an offer by the City. No recommendations or conclusions from this ITB process shall constitute a right (property or otherwise) under the Constitution of the United States or under the Constitution, case law, or statutory law of North Carolina.

1.17. Charlotte Business INClusion Program:

Pursuant to Charlotte City Council’s adoption of the Charlotte Business INClusion (CBI) Policy, the CBI program seeks to enhance competition and participation of Minority-owned, Women-owned, and Small Business Enterprises (MWSBEs) in City contracting. To accomplish this, the

BOD Bus Paint & Related Materials ITB# 269-2026-2083 May 8, 2026 11

City has examined its procurements and set specific MWSBE participation goals on a contract-by-contract basis. In addition, CBI makes a concerted effort to expand its certified MWSBE vendor pool and assist city-certified firms in growing, enhancing, and developing their businesses. CBI offers numerous development programs supporting certified businesses in organizational training, strategic development, and networking opportunities.

The CBI Policy and CBI Manual are posted online here: www.charlottebusinessinclusion.com.

To determine whether disparities exist in City contracting based on race, gender, or other factors, and also to measure the effectiveness of the City’s Charlotte Business INClusion (“CBI”) Program, the City tracks the utilization of subconsultants and suppliers on specific City contracts based on race, gender, small business status, and other factors. For analysis purposes, it is important that the City obtain this data not only for minority-owned, women-owned, and small business suppliers and subconsultants, but also for other subconsultants and suppliers. As a condition for receiving payments under this Contract, the Bidder agrees to submit any payment record into InclusionCLT, or any subsequent system designated by the City, detailing the amounts paid by the Consultant to all subconsultants and suppliers receiving payment in connection with this Contract.

City certified MWSBE firms can be found in the City’s InclusionCLT system:

https://charlotte.diversitycompliance.com/.

1.18. Equal Opportunity:

The City has an equal opportunity purchasing policy. The City seeks to ensure that all segments of the business community have access to supplying the products and services needed by City programs. The City provides equal opportunity for all businesses and does not discriminate against any Bidders regardless of race, color, religion, age, sex, and national origin or disability.

1.19. Transit Lorena NazarioVI Solicitation Notice: Note: Unless otherwise stated herein, this section is only applicable to purchases made by or on behalf of the Aviation Department.

The City, in accordance with the provisions of Transit Lorena NazarioVI of the Civil Rights Act of 1964 (78 Stat. 252, 42 USC §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, disadvantaged business enterprises or airport concession disadvantaged business enterprises 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 race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in consideration for an award.

1.20. No Collusion or Conflict of Interest:

By responding to this ITB, the Bidder shall be deemed to have represented and warranted that the Bid is not made in connection with any competing Bidder submitting a separate response to this ITB, and is in all respects fair and without collusion or fraud.

Bidder shall also be deemed to have represented and warranted that none of Bidder’s or its subcontractors’ owners, employees, directors, or contractors will be in violation of the City’s Conflict of Interest Policy for City, Secondary and Other Employment Relationships (HR 13) if a Contract is awarded to the Bidder.

1.21. Anti-lobbying Provision:

Maintaining the integrity of its ITB process is of paramount importance for the City. To this end, we ask each Bidder’s cooperation in voluntarily refraining from contacting any members of the Charlotte City Council until the award of this Contract is presented to them for approval.

http://www.charlottebusinessinclusion.com/ https://charlotte.diversitycompliance.com/

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1.22. Certified Test Report:

If the Specifications or Special Conditions require a certified test report, Bidders shall provide such report at their expense, before or with their sealed Bids. The certified test report shall be from a recognized independent testing laboratory or manufacturer’s quality control laboratory and shall show all test results and full compliance with the applicable Specifications.

1.23. Brand Name:

If and whenever brand names, makes, names of manufacturers, trade names, Bidder catalogs, or model numbers are stated in this ITB, they are for the purpose of establishing a grade or quality of material. The City will evaluate any approved alternates to specified brand names as provided in Section 1.22-1.23 of this ITB, except for items identified in Section 3 as Products for which no substitute is acceptable.

1.24. To Submit a Proposed Alternate Product In Lieu of a Specified Brand:

A Bidder that desires to submit a proposed alternate Product in lieu of a brand specified in Section 3 of this ITB (referred to as an “Alternate”) must notify the City via the Vendor Discussion section on the Procurement Portal no later than 1 p.m. EST on May 25, 2026, that it intends to submit one or more Alternates for evaluation and/or testing. A Bidder may submit more than one Alternate for an individual item included in the Specifications if the Bidder so elects. The Bidder’s notice to the City must identify each Alternate that the Bidder intends to submit by manufacturer, style number (if available), and general product description.

The specs must be in the number specified by the City, and must be accompanied by:

• A written statement identifying the manufacturer, brand name, make and, if applicable, style number;

• Any descriptive literature such as illustrations, drawings or data that are necessary for the City to make a comparison with the brand specified for that item in Section 3; and

• Certified test reports (if applicable) by an independent laboratory attesting that the proposed Alternate is equal to or better than the specified brand concerning the applicable specifications for which certified test reports are required.

The City reserves the right to require additional samples for further testing if the City deems it necessary. The City also reserves the right to require Bidders to have their samples tested by an independent laboratory if the City so directs. In such event, the Bidder shall provide the requested additional samples within five (5) business days at no cost to the City.

Failure to comply with each of the above requirements with respect to a proposed Alternate shall result in the City rejecting the Alternate as an acceptable “or equal” for a specified brand.

The City cannot be responsible for testing and/or accepting every new or evolving product proposed and reserves the right to reject proposed products that do not meet the City’s current business model.

1.25. Initial Evaluation of Samples:

Upon receipt of the samples, a committee of City employees (the “Evaluation Committee”) will conduct an initial evaluation to determine whether the samples appear to be “or equal” Alternates for the brand names listed in Section 3 of this ITB. In making this determination, the Evaluation Committee will inspect the samples received for compliance with the Specifications.

During the initial evaluation phase, the City reserves the right to contact Bidders as the City deems necessary with questions or concerns regarding the samples submitted or with requests for additional documentation, samples, or information. Bidders must promptly comply with all such

BOD Bus Paint & Related Materials ITB# 269-2026-2083 May 8, 2026 13 requests. The Bidder’s responsible for proving to the City that each proposed sample is equal to or better than the grade or quality of the brand name specified in the ITB.

The City will evaluate the merits of the grade or quality of the samples based on the information furnished by the Bidder. The City is not responsible for locating or obtaining any information not identified in the request for approval. The City shall be the sole judge in determining the product acceptability of all “or equal” products.

The City shall notify the Bidder of the decision in writing and post any approved “or equal” products in the form of an addendum to the ITB on the Procurement Portal.

1.26. Statutory Requirements:

Any Bid submitted in response to this ITB shall be deemed to include full conformance with all North Carolina statutory requirements and the Federal Government's statutory requirements, to the extent applicable. It is the responsibility of each Bidder to conduct its due diligence as to what statutory requirements may apply.

1.27. Guarantor:

If the Bidder is a subsidiary of another entity, the City requires that the Bidder’s parent entity provide a guarantee of payment of all of the Bidder’s obligations under the Contract. The City may also require that the Bidder obtain a guaranty from an entity other than the parent if the City concludes that such a guaranty would be beneficial to protect the City’s interest. If the Bidder is not a subsidiary, the City may require that the Bidder obtain a guaranty of payment from another entity if the City concludes that such a guaranty would be beneficial to protect the City’s interest.

If a guarantor is required, the Bidder must: (1) identify a guarantor that is acceptable to the City,

(2) provide the City with the same financial information about the guarantor that the Bidder is required to provide about itself under this ITB; and (3) provide the City with a signed, legally binding guaranty agreement from the approved guarantor that is acceptable to the City in the City’s sole discretion. Failure to comply with the preceding shall be grounds for rejection of the Bidder’s Bid.

1.28. Award Criteria:

The City reserves the right to award a Contract to the lowest responsive responsible Bidder, taking into consideration vendor qualifications and experience, quality, delivery, workmanship, services, facility requirements, inventory control, and reporting. The City reserves the right to reject any Bid based on function, compatibility with user requirements of utility, and cost.

1.29. Environmental Preferable Purchasing:

The City promotes the practice of Environmentally Preferable Purchasing (EPP) in acquiring Products or Services. Applicable EPP attributes that may be taken into consideration as environmental criterion include the following:

Recycled content Renewable resources

Recyclability Reduced Packaging

Biodegradability Reduced toxicity

Compostability Low Volatile Organic Compounds (LVOCs)

Energy and Water Efficiency Pollution Prevention

Life Cycle Management End of Life Management

Bidders are able to supply Products or Services containing any of the applicable environmentally preferable attributes that meet performance requirements are encouraged to offer them in their Bids.

Bidders must provide certification of environmental standards and other environmental claims, BOD Bus Paint & Related Materials ITB# 269-2026-2083 May 8, 2026 14 such as recycled content and emissions data, or a formal statement signed by a senior company official.

1.30. Contract Award by Charlotte City Council:

The Contract to be awarded under this ITB must be approved by the Charlotte City Council. If such approval is granted, City Procurement will provide the Contract to the Bidder for the Bidder to sign and return. In the event City Council approval is not received within one hundred twenty (120) calendar days after opening of the Bids, the Bidder may request that it be released from the Bid.

1.31. Procurement Schedule

The following chart shows the schedule of events for the conduct of this ITB. The key events and deadlines for this process are as follows, some of which are set forth in more detail in the Sections that follow:

DATE EVENT

1. May 8, 2026

Issuance of ITB. The City issues this ITB.

2. May 25, 2026 Notice of Alternatives. Prospective Bidders shall submit notice of alternatives in lieu of specified brand no later than 1p.m.

on DATE per Section 1.24.

3. May 29, 2026 Notice of Approved Samples. City will issue notice to all Prospective Bidders of samples approved from testing and evaluation along with a revised pricing sheet of the approved alternates.

4. June 1, 2026 Final Submission of Written Questions. Final questions due no later than 1p.m.

5. June 8, 2026 Bid Submission and Bid Opening. Bids are due by 1p.m.on June 8, 2026. All Bids will be time-stamped upon receipt and held securely until this date. All Bids will be opened and publicly read aloud via Microsoft Teams. Late submissions will not be accepted.

6. June 15, 2026 Bid Evaluation.

7. September- October 2026

Anticipated Contract Effective Date: The company begins providing the products and/or services.

1.32. Post-Award Conference:

A Post-Award Conference may be scheduled as soon as practical after the award of the Contract.

The Company shall attend the conference along with the Company’s prospective Project Manager and any anticipated major subcontractors and shall provide at such conference a written schedule for the delivery of any Products or Services for which no delivery dates have been specified in this

ITB.

Section Two Terms and Conditions

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TERMS AND CONDITIONS

Each Bid submitted in response to this ITB constitutes an offer to become legally bound to a Contract incorporating terms and conditions outlined in Section 2 and the Sample Contract's Terms and Conditions.

For purposes of this Section, a Bidder that enters into a Contract with the City may be referred to as the “successful Bidder” or the “Company.”

2.

2.1. Contract Types:

The Contract resulting from this Invitation to Bid will be of the type indicated below:

____ Definite Quantity: The Contract will be a fixed-price contract that provides for the delivery of a specified quantity of Products and Services at specified times or when ordered.

__X__ Indefinite Quantity: The Contract will be a unit price contract for an indefinite amount of Products and Services to be furnished at specified times or as ordered. In some cases, indefinite-quantity contracts may state a minimum quantity the City must order. The City may make information regarding the City’s purchase history or projected estimates of the approximate quantity of products that will be needed available to Bidders. The City makes no representations as to the accuracy of such information. Each Bidder is required to perform its due diligence on which to base its bid. Inaccuracy of purchase history or projected quantity estimates provided by the City will not give rise to any claim against the City or enTransit Lorena Nazarioany Bidder to rescind its bid or terminate or amend the Contract.

2.2. Terms of Contract:

___X_ Unit Price Contract: The contract awarded is for a unit price when product and service needs are based upon indefinite quantities and where orders will be based on actual needs that may exceed or be less than projections. All expenditures under a unit price contract are contingent upon appropriations having been made by Charlotte City Council.

Contract Terms and Renewal Options: The initial Contract term shall be for three (3) years from the award date. The City, at its option, may extend the Contract for up to two (2) additional one-year extensions unless the Bidder objects in writing at least ninety (90) days prior to the beginning of the extension term.

____ One-Time Purchase: The contract awarded is for a specific quantity purchased at one time.

2.3. Notice to Proceed:

The successful Bidder shall not commence work or make shipment under this ITB until duly notified by receipt of an executed Contract from the City and/or through a Purchase Order (PO). If the successful Bidder commences work or makes shipment before that time, such action is taken at the Bidder's risk, without any obligation of reimbursement by the City.

2.4. Delivery Time:

When delivery time is requested in this ITB (whether in the form of a specific delivery date or a maximum number of days for delivery), time is of the essence. Each Bid shall be deemed a binding commitment of the Bidder to meet the delivery time stated herein unless the Bid specifically takes exception. If such delivery time is not met, the City shall be enTransit Procurement Officerd to terminate the Contract immediately for default and/or exercise any other remedies available by law or in equity.

2.5. Prices Are Firm:

Each Bidder warrants the Bid price(s), terms, and conditions quoted in its Bid shall be firm for acceptance by the City for one hundred twenty (120) calendar days from the Bid opening date.

Section Two Terms and Conditions

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Once an award is made and a Contract is in place, prices shall remain firm and fixed for the entire Contract period unless otherwise allowed in the Special Conditions and stated in the Bid.

2.6. Prompt Payment Discounts:

Bidders are urged to compute all discounts into the price offered. If a prompt payment discount is offered, it will not be considered in the award of the Contract except as a factor to aid in resolving cases of identical prices.

2.7. Quality:

Unless this ITB specifically states otherwise for a particular item, all components used to manufacture or construct any supplies, materials or equipment or Products provided under this Invitation to Bid shall be: (a) new; (b) the latest model; (c) of the best quality and highest-grade workmanship; and (d) in compliance with all applicable federal, state and local laws, regulations and requirements. By “new,” the City means that the item has been recently produced and has not been previously sold or used.

Whenever this Invitation to Bid or any other part of the Contract states that a Product or Service shall be in accordance with laws, ordinances, building codes, underwriter’s codes, applicable A.S.T.M. regulations or similar expressions, the requirements of such laws, ordinances, etc., shall be construed to be minimum requirements that are in addition to any other requirements that may be stated in this Invitation to Bid or the Contract.

2.8. Inspection at Bidder’s Site:

The City reserves the right to inspect the equipment, plant, store, or other facilities of a Bidder prior to Contract award and during the Contract term from time to time as the City deems necessary to confirm that such equipment, plant, store, or other facilities conform with the Specifications and are adequate and suitable for proper and effective performance of the Contract. Such inspections shall be conducted during normal business hours and upon at least three (3) days’ notice to the Bidder (except that a store may be inspected at any time during regular store hours without notice).

2.9. Certification of Independent Price Determination:

By submission of a Bid, the Bidder certifies, and in the case of a joint Bid, each party thereto certifies as to its own organization, that in connection with this procurement:

The prices in the Bid have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition as to any matter relating to such prices with any other Bidder or with any competitor;

Unless otherwise required by law, the Bidder has not knowingly disclosed the prices that have been quoted in this bid directly or indirectly to any other Bidder or to any competition prior to the opening of the bid, and

No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition.

2.10. Insurance:

All Bidders must indicate compliance with the Insurance requirements stated in the General Conditions of the Sample City Contract.

Section Three Specifications

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SPECIFICATIONS

3.1. Background:

The City of Charlotte seeks a qualified vendor to provide bus paint, coatings, and related materials to support the City of Charlotte’s transit fleet maintenance operations. The intent of this solicitation is to obtain a qualified vendor capable of supplying OEM-approved bus paint products and other necessary materials used in the preparation, painting, and finishing of transit vehicles..

3.2. Scope:

The City requires that all products provided be new, current-production materials that meet established quality and workmanship standards, and that vendors include all associated documentation such as specifications, safety data, and usage instructions sufficient for use by staff with standard technical skills.

All products supplied must meet or exceed the specifications contained in the Bid Forms and Specifications and must be fully compatible with the City’s existing transit fleet and paint systems.

Products must comply with all applicable federal, state, and local regulations, including environmental requirements, and must arrive free of defects, liens, or encumbrances. Vendors are responsible for ensuring that all materials include appropriate labeling, packaging, and shipping documentation.

All Products provided under this contract must be delivered F.O.B. Destination within 48 hours from the placement of order. Packaging must adequately protect materials from damage and must display the City purchase order number, the receiving department, an itemized packing list, and sequential numbering for multi-carton shipments.

Deliveries will be made to:

• 3145 South Tryon Street, Charlotte, NC 28217, and

• 901 North Davidson Street, Charlotte, NC 28206.

All products must meet high-quality standards appropriate for heavy-duty transit applications.

Vendors must guarantee the materials, quality, and workmanship for the full warranty period, and any defective or non-conforming items must be replaced or repaired at no cost to the City. The vendor’s warranty obligations include providing repairs or replacements during the warranty term and performing such work at times designated by the City to avoid operational disruptions.

The City may also request additional options, accessories, updated product lines, substitute products that meet or exceed specifications, or technical support and product training if such services are offered in the vendor’s bid response. These optional services are not required but may be incorporated at the City’s discretion.

3.3. Manufacturer/Model:

This section supersedes 1.22-1.23 The brand names of bid items in Section 3.23 match the paint and primer used by the original; equipment manufacturer and installed on CATS buses. Therefore, those brand names on items 81 through 98 are specified due to compatibility requirements. Bid responses offering brand names other than those specified in the bid item list items 81-98 for these items in Section 3.23 will not be considered. For all other items in the bid item list, vendors may propose alternate brand names which are of equal or superior quality to Those specified in accordance with section 1.23

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3.4. Quantities:

The City does not guarantee quantities and will purchase quantities of Products according to actual need during the term of the Contract. The quantities listed in this ITB are estimates only and may differ substantially from the actual quantities ordered. Multiple orders will be placed on an as-needed basis during the term of the Contract.

3.5. Product Specifications:

PPG DELFLEET High Gloss External Paint Finish Quality

Basecoat/Clear Coat paint system.

3.6. Product Standards:

It is essential that all [PPG-DELFLEET High Gloss External Paint] materials be in compliance with the latest industry standards and other laws and requirements concerning [Basecoat/Clear Coat Paints] in the state of North Carolina. All materials must meet the minimum requirements of the American Society for Testing and Materials (ASTM) as follows: (Paint shall last a minimum of six years with a minimum gloss of 90 as measured in ASTM E97-92, “Standard Test Method for Directional Reflectance.”)

Copies may be obtained from the American Society for Testing and Materials, 100 Barr Harbor Dr., West Conshohocken, PA 19428.

3.7. Alternate Products:

Please refer to Sections 1.23 and 1.24 for complete details regarding the submittal of Alternate Products.

The City cannot be responsible for testing and/or accepting every new or evolving product proposed and reserves the right to reject proposed products that do not meet the City’s current business model.

3.8. Warranty:

All Products supplied under the Contract shall be covered by a manufacturer’s written guarantee and/or warranty that such Products will be free from defects in materials, workmanship, and performance for a minimum of one year, merchantable, and in full conformity with the Specifications outlined in this ITB, industry standards, dimension charts, and Bidder's descriptions, representations and samples. The Company shall administer the warranty on the City’s behalf and shall ensure that the manufacturer repairs or replaces all Products that violate either the above warranty or the applicable manufacturer’s warranty at no charge to the City.

3.8.1 The Company shall provide the City with two copies of the manufacturer’s written warranty for each item of equipment.

3.8.2 The manufacturer shall be responsible for paying all shipping and crating costs associated with warranty repairs.

3.9. Installation:

Only experienced professionals should install all products. All work must be performed according to the standards established by the terms, specifications, and drawings and meet the manufacturer’s specifications and industry standards.

3.10. Pricing:

Bids shall be submitted as a fixed unit price per item that includes shipping and delivery, any discounts, vendor markup/profit, item cost, and storage. No other charges are allowed. (modify as needed – could be a lump sum cost or discount off list price).

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3.11. Delivery:

(modify as needed) All Products provided under this contract must be delivered to F.O.B.

Destination within 48 hours of placing the order. Workdays are Monday through Friday, excluding recognized City, State, and Federal holidays. Delivery and freight charges are to be included in the discount price. Failure to comply with this requirement shall be cause to terminate this contract unless such failure is confined to infrequent and isolated instances that do not involve major purchases.

Each order delivered must have a packing slip enclosed. The packing slip must clearly show the purchase order number, items ordered, unit of measure, contract pricing, items enclosed, and identify any items on backorder.

3.12. Delivery Personnel:

All delivery personnel of the successful Bidder may be subject to background checks at the discretion of the City. Bids shall include company policies regarding the selection of personnel who will be frequenting City facilities.

3.13. Invoices:

The Company must submit invoices weekly/monthly to the City’s Finance department.