3-Scaleybark Station Darinage Repair Project Manual 269-2026-1942.pdf

GENERAL SERVICES

PROJECT MANUAL

FOR

Scaleybark Station Drainage Repairs

PROJECT NUMBER:

269-2026-1942

CITY OF CHARLOTTE, NORTH CAROLINA

ADVERTISEMENT DATE: September 2, 2025

2018 NCDOT STANDARD SPECIFICATIONS

v.11-22-2023 (Bonfire Version)

Project #: 269-2026-1942 Division 00 - Procurement & Contracting Requirements Project Name: «strProjectName»

Introduction 00 01 00 - 1

PROFESSIONAL ENGINEER SEAL

(Project Special Provisions Prepared for the City of Charlotte, General Services, 600 East Fourth Street, Charlotte, North Carolina 28202):

Introduction 00 01 00 - 2

TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

00 10 00 – INVITATION TO BID

00 20 00 – INSTRUCTIONS TO BIDDERS

ARTICLE 1: DEFINITIONS

ARTICLE 2: BIDDER’S REPRESENTATIONS

ARTICLE 3: BIDDING PROCEDURES

ARTICLE 4: BID AWARDS AND REJECTIONS

ARTICLE 5: POST-AWARD

00 40 00 – BID FORMS AND SUPPLEMENTS

00 55 00 – FEDERAL TRANSIT ADMINISTRATION SUPPLEMENTAL CONDITIONS

ARTICLE 1: FEDERAL CONTRACTING REQUIREMENTS

1.1 THE CONTRACTOR SHALL COMPLY WITH ALL FEDERAL REQUIREMENTS

1.2 ACCESS TO CONTRACT RECORDS AND THE PROJECT SITE

1.3 BUY AMERICA

1.4 CIVIL RIGHTS LAWS AND REGULATIONS

1.5 EMPLOYEE PROTECTIONS

WAGE DETERMINATION APPEALS PROCESS

END OF GENERAL DECISION

1.6 ENERGY CONSERVATION

1.7 GOVERNMENT-WIDE DEBARMENT & SUSPENSION

1.8 NO GOVERNMENT OBLIGATION TO THIRD PARTIES

1.9 PROGRAM FRAUD & FALSE OR FRAUDULENT STATEMENTS & RELATED ACTS

1.10 SAFE OPERATION OF MOTOR VEHICLES

1.11 FEDERAL CHANGES

1.12 INCORPORATION OF FTA TERMS

1.13 FEDERAL ACQUISITION REGULATION (F.A.R.) COMPLIANCE

1.14 CLEAN AIR

1.15 CLEAN WATER

1.16 LOBBYING

1.17 CONTRACT WORK HOURS & SAFETY STANDARDS ACT

1.18 PROCUREMENT OF RECOVERED MATERIALS

1.19 FLY AMERICA

1.20 CARGO PREFERENCE

1.21 SEISMIC SAFETY REQUIREMENTS

1.22 CONFORMANCE WITH NATIONAL ITS ARCHITECTURE

1.23 PROHIBITION ON COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES

1.24 NOTICE OF DISPUTES, BREACHES, DEFAULTS, AND LITIGATION

1.25 DOMESTIC PREFERENCES FOR PROCUREMENTS

Introduction 00 01 00 - 3

ARTICLE 2: DISADVANTAGED BUSINESS ENTERPRISE

00 60 00 – PROJECT FORMS

00 70 00 – STANDARD SPECIAL PROVISIONS

ARTICLE 1: NCDOT STANDARD SPECIFICATIONS

1.1 NCDOT Standard Specifications

1.2 ERRATA

ARTICLE 2: CITY STANDARD PROVISIONS

2.1 Curb and Gutter Tapers and Transitions

2.2 Pipe Joints

2.3 Existing Utilities

2.4 CDOT Street Maintenance Division Street Cut Regulations

2.5 Concrete

2.6 Reclamation of Waste or Borrow Sources

2.7 Hazardous Materials

2.8 Sedimentation Pollution Control Act

2.9 Construction Stakes, Lines, and Grades

2.10 Maintenance of the Project

2.11 Storage of Materials and Equipment

2.12 Subletting

2.13 Quantity Tickets

2.14 Periodic Payments

2.15 Final Payment

2.16 Payment Reporting

2.17 Sales and Use Tax

2.18 Allowances

2.19 Commercial Non-Discrimination Policy

2.20 E-Verify

2.21 Iran / Israel

2.22 Indemnification

2.23 Guarantee

2.24 Insurance Requirements

2.25 Holiday Work Restrictions

2.26 Drainage Structures

2.27 Termination

2.28 Dispute Resolution

2.29 Surface Water Quality Protection

2.30 Prohibition of Use of High PAH Pavement Products

2.31 Billing Records

2.32 REMEDIES AND DAMAGES

2.33 SUSTAINABLE PRACTICES

2.34 OVERHEAD HIGH-VOLTAGE LINE SAFETY

2.35 VIOLATION OF FEDERAL CONTRACTING REQUIREMENTS

2.36 COORDINATION WITH THIRD PARTIES

2.37 PROJECT AS-BUILT DOCUMENTS

2.38 EQUIPMENT SIGNAGE

2.39 Parking

2.40 USE AND ORGANIZATION OF E-BUILDER PROJECT CONTROL SYSTEM

2.41 ORGANIZATIONAL CONFLICTS OF INTEREST

Introduction 00 01 00 - 4

2.42 NON-APPROPRIATION OF FUNDS

2.43 MISCELLANEOUS PROVISIONS

2.44 Audit

2.45 GOVERNING LAW AND VENUE

2.46 ADDITIONAL WORK

2.47 PROPERTY OWNER CONTACT

2.48 PROTECTION OF ADJOINING PROPERTY

2.49 CONTRACT (INTENT OF CONTRACT)

2.50 CREW

2.51 DEFECTIVE MATERIALS

00 75 00 – PROJECT SPECIAL PROVISIONS

GENERAL SPECIAL PROVISIONS

1.1 CONTRACT TIME

1.2 LIQUIDATED DAMAGES

PROJECT SPECIAL PROVISIONS

SP-01, COMPREHENSIVE GRADING

SP-02, EARTHWORK, EXCAVATION, UNSUITABLE MATERIALS, AND BACKFILL MATERIALS

SP-03, SELECT MATERIAL

SP-04, TRAFFIC CONTROL

SP-05, EROSION CONTROL

SP-06, TRENCH DRAINAGE SYSTEMS

SP-07, RESET METAL HANDRAIL

00 90 00 – ADDENDA

Introduction 00 01 00 - 5

LIST OF PLANS

• LYNX BLUE LINE SCALYBARK STATION DRAINAGE REAPIR PROJECT CATS NO: 13-0021

INVITATION TO BID 00 10 00 - 1

00 10 00 – INVITATION TO BID

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

PROJECT NAME: Scaleybark Station Drainage Repairs

PROJECT NUMBER: 269-2026-1942

PRE-BID DATE: September 16, 2025 PRE-BID TIME: 10:00 a.m. – 12:00 p.m. EST

PRE-BID LOCATION: Scaleybark Station Platform Charlotte, NC Parking Available at:

122 Freeland Ln Charlotte, NC 28217

The Pre-Bid meeting is mandatory.

BID DUE DATE: October 7, 2025 BID DUE TIME: No later than 2:00 PM

BID SUBMISSION LOCATION: Bids must be submitted electronically through the Procurement

Portal (https://charlottenc.bonfirehub.com)

BID OPENING DATE: October 7, 2025

BID OPENING TIME: 3:00 PM

BID OPENING LOCATION:

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DESCRIPTION OF WORK:

This project is comprised of the installation of a new culvert crossing across the light rail alignment, located between New Bern Station and Poindexter Rd.

Bidding documents, which includes a downloadable copy of one (1) Project Manual and one (1) full-size Drawing set, are available for free from the Procurement Portal.

https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_MDBhNmY4MDgtMDZlYy00NjZjLTk1YzAtMzFhNDc2NmNmZjVl%40thread.v2/0?context=%7b%22Tid%22%3a%223392a0ee-6ccb-49c5-94b5-f5e6d8a665d6%22%2c%22Oid%22%3a%22b851b7a0-49dc-479e-a5e4-9b71ffb0d96b%22%7d tel:+18722564172,,631045269 https://dialin.teams.microsoft.com/ca8a1d96-98e9-4511-8c69-d5b3e234b5e8?id=631045269 https://www.webex.com/msteams?confid=1142533261&tenantkey=cityofcharlotte&domain=m.webex.com

INVITATION TO BID 00 10 00 - 2

Bidders must be properly licensed under North Carolina state law to perform the work.

A 5% bid security is required with each bid that equals or exceeds $250,000.

The estimated cost of this Project is $680,000.

For information regarding this Invitation to Bid, contact as follow:

John Larson, Sr. Procurement Officer City of Charlotte Department of General Services – City Procurement 600 East Fourth Street, Charlotte, NC 28202 Direct Phone: (980) 433-9160 Email: john.larson@charlottenc.gov

Please submit questions or inquiries at least seven (7) calendar days before the Bid Due Date. Questions or inquiries past this deadline may not be addressed by the City prior to the Bid Due Date. Questions or inquiries should be submitted in writing through the Vendor Discussions section of the Procurement Portal (https://charlottenc.bonfirehub.com).

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.

DISADVANTAGE BUSINESS ENTERPRISE (DBE)

This Contract is subject to the requirements of 49 C.F.R. Part 26, Participation by Disadvantaged Business Enterprises in DOT Financial Assistance Programs and the City’s DBE Program. The DBE Program is incorporated into and made a part of the Bidding Documents and resulting Contract. Copies of the DBE Program may be obtained online at http://charmeck.org/city/charlotte/cats/about/Business/procurement/Pages/dbesbe.aspx; under “City of Charlotte’s DBE Program (document)” on the www.ridetransit.org “Doing Business with CATS as a DBE/SBE” page.

Pursuant to 49 C.F.R. Part 26 and the DBE Program, all Bidders must affirmatively ensure that in any contract entered into with the City, DBEs will be afforded equal opportunity to participate in subcontracting opportunities.

A contract goal of 11.9% DBE participation has been established for this Contract.

A Bid will not be considered responsive unless the Bidder complies with 49 C.F.R. Part 26 and the City’s DBE Program.

Using the List of Subcontractors/Suppliers – FORM A provided in Section 00 40 00 of this Project Manual, Bidders are required to submit with their Bid, in accordance with federal law and the DBE Program Requirements, the names, addresses, contact information, how long each subcontractor has been in business (age of firm), annual gross receipts, respective scopes of Work to be performed, NAICS Code, NCDOT Reporting Number, the dollar values of each subcontract that the Bidder proposes for participation in the Contract Work, and the dollar value of total DBE participation for the Contract. The required information must be listed for ALL subcontractors and suppliers, not just the DBE subcontractors and suppliers. The purpose of this information is to facilitate the evaluation of proposed subcontractors' technical ability. Bidders will not, by naming subcontractors or suppliers at the time they submit their Bids, be precluded from contracting with other or additional subcontractors or suppliers in the event of an award; however, in the case of subcontractors and suppliers proposed as DBEs, the Bidder must first obtain the written approval of the City Civil Rights Officer or his designee, before replacing any such subcontractor or suppliers or reassigning its Work to another subcontractor or suppliers.

https://charlottenc.bonfirehub.com/ http://charmeck.org/city/charlotte/cats/about/Business/procurement/Pages/dbesbe.aspx

INVITATION TO BID 00 10 00 - 3

Failure to submit said detail of DBE participation on the List of Subcontractors/Suppliers – FORM A (or evidence of Good Faith Efforts (GFEs) to maximize DBE participation on the Evidence of Good Faith Efforts – FORM C in Section 00 40 00 of this Project Manual) with the Bid, will result in Bid rejection. Note: Only DBE certified vendors (i) listed in the NC‐DOT’s Directory of Firms, (ii) there identified in the vendor profile under Certifications as DBE, and (iii) designated using a NAICS code(s) identifying a commercially useful function for the Project referenced within these Bid Documents; may be submitted on FORM A to meet the DBE good faith efforts goal requirements. For additional requirements for DBE participation, including what constitutes GFEs, refer to Article 2 Disadvantaged Business Enterprises of Section 00 55 00 of this Project Manual. Guidelines for DBE involvement, definitions, and eligibility standards are consistent with 49 C.F.R. Part 26.

It is imperative that Bidders read and understand all requirements relating to DBEs as stated here and in Article 2 Disadvantaged Business Enterprises of Section 00 55 00 of this Project Manual. Please use the following link for a directory of Firms. Note that this is not an exhaustive list and there may be some that are not included. Directory of Firms | Connect NCDOT https://www.ebs.nc.gov/VendorDirectory/search.html?s=fn&a=new https://www.ebs.nc.gov/VendorDirectory/search.html?s=fn&a=new

INSTRUCTIONS TO BIDDERS 00 20 00 - 1

00 20 00 – INSTRUCTIONS TO BIDDERS

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 civil engineer employed by the City.

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, all forms from Section 00 40 00, Bonds and Certificate of Insurance, Acceptance by the City, and any change orders issued after execution of the contract.

14) “Date of Availability” shall mean “Notice to Proceed Date”

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

16) “Procurement Portal” shall mean the electronic portal where Bids will be digitally submitted. The portal can be accessed at https://charlottenc.bonfirehub.com.

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”

INSTRUCTIONS TO BIDDERS 00 20 00 - 2

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 SECTION 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.

2.1.1 Contractor’s Registration for Landscape Projects: The City requires that Contractors performing landscape work be registered with the North Carolina Landscape Contractors Registration Board (NCLCRB). The NCLCRB registrant must be a full-time employee of the Bidder. The successful Bidder must maintain a full-time employee with the required registration during the life of the Contract.

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 (3) 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 to have carefully examined the Project site and familiarized themselves with the existing conditions on the Project, affecting the cost and execution of the work as described in Section 102-6 of 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.

INSTRUCTIONS TO BIDDERS 00 20 00 - 3

3.5 Proposed Subcontractors/Suppliers and Disadvantaged Business Enterprises This Contract is subject to the requirements of 49 C.F.R. Part 26, Participation by Disadvantaged Business Enterprises in DOT Financial Assistance Programs and the City’s DBE Program. The DBE Program is incorporated into and made a part of the Bidding Documents and resulting Contract. Copies of the DBE Program may be obtained online at http://charmeck.org/city/charlotte/cats/about/Business/procurement/Pages/dbesbe.aspx; under “City of Charlotte’s DBE Program (document)” on the www.ridetransit.org “Doing Business with CATS as a DBE/SBE” page.

Pursuant to 49 C.F.R. Part 26 and the DBE Program, all Bidders must affirmatively ensure that in any contract with the City, DBEs will be afforded equal opportunity to participate in subcontracting opportunities.

A contract goal of 11.9% has been established for this Contract.

A Bid will not be considered responsive unless the Bidder complies with 49 C.F.R. Part 26 and the City’s DBE Program.

Using the List of Subcontractors/Suppliers – FORM A provided in Section 00 40 00 of this Project Manual, Bidders are required to submit with their Bid, in accordance with federal law and the DBE Program Requirements, the names, addresses, contact information, how long each subcontractor has been in business (age of firm), annual gross receipts, respective scopes of Work to be performed, NAICS Code, NCDOT Reporting Number, the dollar values of each subcontract that the Bidder proposes for participation in the Contract Work, and the dollar value of total DBE participation for the Contract. The required information must be listed for ALL subcontractors and suppliers, not just the DBE subcontractors and suppliers. The purpose of this information is to facilitate the evaluation of proposed subcontractors' technical ability. Bidders will not, by naming subcontractors or suppliers at the time they submit their Bids, be precluded from contracting with other or additional subcontractors or suppliers in the event of an award; however, in the case of subcontractors and suppliers proposed as DBEs, the Bidder must first obtain the written approval of the City Civil Rights Officer or his designee, before replacing any such subcontractor or suppliers or reassigning its Work to another subcontractor or suppliers.

Failure to submit said detail of DBE participation on the List of Subcontractors/Suppliers – FORM A (or evidence of Good Faith Efforts (GFEs) to maximize DBE participation on the Evidence of Good Faith Efforts – FORM C in Section 00 40 00 of this Project Manual) with the Bid, will result in Bid rejection. Note: Only DBE certified vendors (i) listed in the NCDOT’ s Directory of Firms, (ii) there identified in the vendor profile under Certifications as DBE, and (iii) designated using a NAICS code(s) identifying a commercially useful function for the Project referenced within these Bid Documents may be submitted on FORM A to meet the DBE good faith effort’s goal requirements. For additional requirements for DBE participation, including what constitutes GFEs, refer to Article 2, Disadvantaged Business Enterprise Terms, of Section 00 55 00 of this Project Manual. Guidelines for DBE involvement, definitions, and eligibility standards are consistent with FTA Circular 4716.1A and 49 C.F.R. Part 26.

It is imperative that Bidders read and understand all requirements relating to DBEs as stated here and in Article 2, Disadvantaged Business Enterprise Terms, of Section 00 55 00 of this Project Manual.

3.6 Buy America

Buy America requires all iron, steel, manufactured products, and construction materials used in the Project to be produced in the United States.

As a matter of Bid responsiveness, Bidders must indicate in their Bid how they intend to comply with Buy America requirements. Bidders must complete and sign whichever of the two certificates is applicable; under no circumstance should both certificates be submitted. The certificate must be signed by the person signing the Bid Form and submitted with the Bid. The certificate cannot be submitted after Bids have been opened. The certificate shall become part of the Contract Documents. See Section 00 40 00 of this Project Manual for the certifications.

A Bidder who has submitted an incomplete Buy America certificate or an incorrect certificate of non‐compliance through an inadvertent or clerical error (but not including failure to sign the certificate, submission of certificates of http://charmeck.org/city/charlotte/cats/about/Business/procurement/Pages/dbesbe.aspx

INSTRUCTIONS TO BIDDERS 00 20 00 - 4

both compliance and non‐compliance, or failure to submit any certification), may submit to the FTA Chief Counsel and CATS General Counsel within ten calendar days of bid opening a written explanation of the circumstances surrounding the submission of the incomplete or incorrect certification in accordance with 28 U.S.C.§ 1746, sworn under penalty of perjury, stating that the submission resulted from inadvertent or clerical error.

Failure to comply with Buy America requirements, in addition to other remedies available to the City, will result in the Contractor removing the non‐compliant product and replacing it with a Buy America compliant product at the sole cost and expense of the Contractor, as well as any other costs associated with replacement.

It is imperative that Bidders read and understand all requirements relating to Buy America as stated here and in Article 1.3 Buy America of Section 00 55 00 of this Project Manual.

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.

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

3) Download electronic bid submittal forms from the Procurement Portal. Bid submittal forms includes 1) Itemized Bid Form, 2) Commercial Non-Discrimination Certification Form, 3) Buy America Certification, 4) Lobbying Certification, 5) Disclosure Form to Report Lobbying, 6) Suspension and Debarment Certification (Prime Bidder), 7) Suspension and Debarment Certification (Subcontractor), 8) Conflict of Interest, 9) List of

INSTRUCTIONS TO BIDDERS 00 20 00 - 5

Subcontractors/Suppliers - Form A, 10) Evidence of Good Faith Efforts - Form C, 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.

4) 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.

5) 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.

6) 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.

7) 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.

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

ARTICLE 4: BID AWARDS AND REJECTIONS

4.1 Bid Opening

Bid Opening will be conducted in accordance with Section 102-13 of 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 Sections 102-14 and 102-15 respectively of NCDOT Standard Specifications.

4.3 Award and Execution of Contract

Award and execution of Contract will be in accordance with Section 103 of NCDOT Standard Specifications.

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 on the basis of the Total Base Bid with Accepted Alternates.

4.4 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 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 (10) calendar days of award of the Contract and shall be in conformance with NC GS 44A-33. Failure to provide acceptable bonds within ten (10) 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

INSTRUCTIONS TO BIDDERS 00 20 00 - 6

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 (10) 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. In order for electronically executed 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 (10) 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 and major suppliers. A proposed progress schedule in a form satisfactory to the Construction Manager 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 Contractor shall also provide at least two (2) 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. The Contractor shall also provide the name of the Contractor’s on-site representative who is OSHA certified for trenching, shoring, and confined space entry.

5.4 Notice to Proceed

The City will issue a Notice to Proceed (NTP) to the Contractor upon award and execution of the contract. The Contractor shall not perform any Work prior to the date on which the NTP commences. 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 on which the Notice to Proceed commences.

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00 40 00 – BID FORMS AND SUPPLEMENTS

Bidder shall download individual BID FORMS posted on the Procurement Portal at https://charlottenc.bonfirehub.com https://sam.gov/wage-determination/NC20250073/0 8/

00 55 00 – FEDERAL TRANSIT ADMINISTRATION SUPPLEMENTAL CONDITIONS

ARTICLE 1: FEDERAL CONTRACTING REQUIREMENTS

The provisions in this Article 1 are referred to together as the “FTA Terms.” Undefined terms in this Article 1 have the meanings ascribed to them in the Contract.

1.1 THE CONTRACTOR SHALL COMPLY WITH ALL FEDERAL REQUIREMENTS

A. The Contractor acknowledges and understands that the Work under this Contract will be financed at least partially with funding from the federal government. The Contractor further acknowledges and understands that this Contract and the Work are subject to: (1) all applicable federal laws, (2) all applicable federal regulations, (3) all applicable federal policies, (4) the conditions and requirements of all federal grants that in any way will fund any part of the Work, and (5) the Federal Transit Administration’s “Master Agreement,” including any certifications or contract provisions that the Master Agreement requires to be included in this Contract. For purposes of these FTA Terms, items (1) through (5) in the immediately preceding sentence, as those items may be amended or updated from time to time, are referred to collectively as “Federal Law.”

B. All provisions of Federal Law are incorporated into this Contract by reference and are fully binding on the Contractor as if they were recited here verbatim. The Contractor shall ensure that all provisions of Federal Law are incorporated into all subcontracts for any part of the Work and in all contracts with those supplying any materials, equipment, or other products for the Work, such that all subcontractors and all suppliers are contractually required to comply with all provisions of Federal Law.

C. The Contractor at all times shall: (1) fully comply with all provisions of Federal Law, (2) ensure that all of the Work (including, for example, all subcontracted Work) fully complies with all provisions of Federal Law, and (3) ensure that no aspect of the Work and no aspect of the Contractor’s performance under this Contract will cause the City or any of its officials, employees, or agents to be at any risk of violating any provision of Federal Law. In addition, the Contractor shall not perform any act, fail to perform any act, or refuse to comply with any City request to the extent that doing any of those things would create any risk of the City or any of its officials, employees, or agents being in violation of any provision of Federal Law.

D. These FTA Terms identify and summarize many provisions of Federal Law. However, the Contractor acknowledges and agrees that the Contractor is fully and ultimately responsible for identifying and learning about all provisions of Federal Law. If these FTA Terms omit any provision or requirement of Federal Law, the Contractor shall remain fully responsible for identifying and learning about that provision or requirement and for fully satisfying the Contractor’s obligations under Article 1.1.C of these FTA Terms with respect to that provision or requirement. The Contractor will not be excused from ensuring full compliance with any provision or requirement of Federal Law because that provision or requirement is omitted from these FTA Terms, nor will the Contractor have any remedy because any such provision or requirement has been so omitted.

E. By executing this Contract, the Contractor represents to the City and covenants with the City that, as of the date that this Contract takes effect, the Contractor has fully complied with all provisions of Federal Law and that the Contractor shall continue to fully comply with all provisions of Federal Law at all times while this Contract is in effect.

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F. Notwithstanding any other provision in this Contract, the Contractor and the City agree that Federal Law and these FTA Terms take priority over all other Contract provisions. This means that, if a conflict arises between another Contract provision and any provision of Federal Law or of these FTA Terms, such that the Contractor cannot satisfy both provisions, the Contractor shall fully comply with the provision of Federal Law or of these FTA Terms. In such a situation, the Contractor shall disregard the other, conflicting Contract provision, but the Contractor shall do so only to the minimal extent needed to comply fully with Federal Law and with these FTA Terms, and the Contractor otherwise shall fully comply with that conflicting Contract provision to the extent possible.

G. The Contractor and the City agree that, in any situation where the Contractor can comply with both another Contract provision and with a provision of Federal Law or of these FTA Terms, even if the two provisions address the same subject matter (e.g., if another Contract provision imposes an obligation on the Contractor beyond those obligations imposed by Federal Law), that will not be a conflict. Rather, in such a situation, the Contractor shall fully comply with Federal Law, with these FTA Terms, and with the other Contract provision.

1.2 ACCESS TO CONTRACT RECORDS AND THE PROJECT SITE

A. For purposes of this Article 1.2 of these FTA Terms, “Contract Records” means all documents (whether in hard copy, digital, or other format) that refer or relate to any aspect of this Contract, of the Contractor’s performance under this Contract, of the Work, or of the Project. For example, Contract Records include all of the following to the extent that they refer or relate to any aspect of this Contract, of the Contractor’s performance under this Contract, of the Work, or of the Project: subcontracts, contracts with suppliers and other third parties, invoices and other billing records, audits and other financial and accounting records, memos, letters, and emails.

i. For purposes of this Article 1.2 of these FTA Terms, “Retention End Date” means the later of: The third anniversary of the date on which this Contract is terminated or expires, or if, on or before that third anniversary, the Contractor has received notice (from the City or otherwise) of one or more actual or threatened lawsuits, legal proceedings, disputes, audits, or investigations related in any way to this Contract, to the Work, or to the Project, the date on which the City later notifies the Contractor in writing that all such lawsuits, legal proceedings, disputes, audits, and investigations have fully and finally concluded.

ii. The City and the Contractor intend for all Contract Records to be retained, maintained, and made available for inspection and copying until all such lawsuits, legal proceedings, disputes, audits, and investigations have fully and finally concluded, even if that requires retaining, maintaining, and making those records available after the third anniversary of this Contract’s termination or expiration.

B. Through and including the Retention End Date, (a) the Contractor shall retain and maintain all Contract Records that the Contractor ever creates, receives, or otherwise possesses or controls so that those Contract Records are always complete, legible, and readily accessible, (b) as the City may request from time to time, the Contractor shall promptly make any and all Contract Records available for inspection and copying by the City, by the federal government, and by their respective contractors and agents, and (c) the Contractor shall comply with all requirements imposed by 2 CFR § 200.334.

C. Through and including the Retention End Date, the Contractor shall ensure that each subcontractor and each supplier providing any material, equipment, or other product for the Work or for the Project shall:

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(a) retain and maintain all Contract Records that the subcontractor or supplier ever creates, receives, or otherwise possesses or controls so that those Contract Records are always complete, legible, and readily accessible, (b) as the City may request from time to time, promptly make any and all Contract Records in that subcontractor’s or that supplier’s possession or control available for inspection and copying by the City, by the federal government, and by their respective contractors and agents, and (c) comply with all requirements imposed by 2 CFR § 200.334.

D. In addition to taking all other necessary and appropriate steps to satisfy its obligations under Article 1.2.B(2) of these FTA Terms, the Contractor shall ensure that each subcontract and each supplier contract includes provisions requiring that the subcontractor or the supplier retain, maintain, and make available Contract Records as required by Article 1.2.B(2).

E. To avoid any doubt, the Contractor’s obligations under the indemnification provisions of this Contract’s General Conditions include an obligation to defend, indemnify, and hold harmless each and all of the Indemnitees (as that term is defined in the indemnification provisions) against any Charges (as that term is defined in the indemnification provisions) arising out of or related to any breach by the Contractor of any of its obligations under this Article.

F. In any litigation, legal proceeding, or other dispute-resolution proceeding involving the City and the Contractor, if the Contractor cannot produce any Contract Document that this Article 1.2 required the Contractor or any subcontractor or supplier to retain, maintain, or make available for inspection and copying, it will be conclusively presumed that the missing Contract Document would have fully supported the City’s position in that litigation or other proceeding and would not have supported in any way the Contractor’s position. The City and the Contractor agree and consent that, in such a situation, the court or other body with authority over the litigation or other proceeding may and should take any and all steps necessary to implement the conclusive presumption contemplated by this paragraph.

G. The Contractor shall ensure that the City, the federal government, and their respective contractors and agents can access upon request the Project site and any other places where any work or other activity related to the Work is being performed in order to perform audits or inspections or for any other purpose.

1.3 BUY AMERICA

A. For purposes of this Contract, “Buy America Requirements” means all requirements imposed on the Project or on the Work by 49 U.S.C. § 5323(j) and 49 CFR part 661, as those provisions might be amended from time to time. For example, the Buy America Requirements include a requirement that all iron, steel, manufactured products, and construction materials used for the Work or otherwise incorporated into the Project are manufactured in the United States or otherwise originate in the United States.

B. The Contractor shall comply with all Buy America Requirements and shall take all steps necessary and appropriate to ensure that no aspect of the Work or of the Project puts the City out of compliance with any of the Buy America Requirements. The Contractor shall provide the City, in accordance with this Article 1.3, with all certifications that might be requested or required from time to time by the City or by the federal government related in any way to the Contractor’s compliance with the Buy America Requirements.

C. The Contractor shall ensure that each subcontractor and each supplier providing any material, equipment, or other product for the Work or for the Project: (1) fully complies with the Buy America https://sam.gov/wage-determination/NC20250073/0 11/

Requirements, (2) provides the City, in accordance with this Article 1.3, with all certifications that might be requested or required from time to time by the City or by the federal government related in any way to that subcontractor’s or that supplier’s compliance with the Buy America Requirements, and (3) fully complies with all other requirements that this Article 1.3 contemplates for, or imposes on, subcontractors or suppliers.

In addition to taking all other necessary and appropriate steps to satisfy its obligations under this Article 1.3.C, the Contractor shall ensure that each subcontract and each supplier contract related to the Work or to the Project includes provisions requiring that the subcontractor or the supplier fully comply with all Buy America Requirements and with this Article 1.3.

D. All certifications submitted to the City under this Article – whether submitted by the Contractor, by a subcontractor, or by a supplier – must be complete and must be submitted on forms provided by or approved by the City. The first time that the Contractor proposes to use a particular material, equipment, or product from a particular manufacturer, the Contractor shall submit with its certification under this Article a signed letter from the manufacturer confirming that the material, equipment, or product satisfies all Buy America Requirements. In addition to complying with any other requests from the City to provide certifications under this Article, the Contractor shall submit a certification of its compliance with all Buy America Requirements with each submittal or payment request that it submits to the City and when the Work is fully and finally completed. If the Contractor fails to submit a proper certification under this Article by any deadline specified by this Contract or by the City, the City may withhold any and all payments due to the Contractor under this Contract, including any Progress Payments, until the Contractor brings itself into full compliance with this Article.

E. If the Contractor believes it is necessary to provide iron, steel, manufactured products, or construction materials that do not comply with the Buy America Requirements or that otherwise would put the City, the Work, or the Project out of compliance with the Buy America Requirements, the Contractor shall submit a written justification to the City detailing the item, its estimated cost, the Contractor’s rationale for using it, and the reasons that the Contractor believes that the Buy America Requirements cannot be satisfied. The City will determine whether to request a waiver of the Buy America Requirements for that item from the federal government. If the City decides not to request a waiver, or if the City requests a waiver but that request is not approved, the Contractor shall fully satisfy its obligations under this Article and will not be entitled to any remedy.

F. The City from time to time may investigate whether the Contractor, any subcontractor, or any supplier has complied with or is complying with this Article 1.3. If the City conducts such an investigation, the Contractor shall fully cooperate with that investigation and shall ensure that each subcontractor and each supplier does the same. In addition to taking all other necessary and appropriate steps to satisfy its obligations under this Article 1.3.F, the Contractor shall ensure that each subcontract and each supplier contract related to the Work or to the Project includes provisions requiring that the subcontractor or the supplier fully cooperate with any such investigation.

G. Any violation of the Buy America Requirements or of this Article 1.3 by the Contractor, by any subcontractor, or by any supplier will be a material breach of this Contract by the Contractor. If such a breach happens, the City may terminate this Contract for default, may pursue any and all other remedies that the City has under this Contract or under the law, or both. To avoid any doubt, the Contractor’s obligations under the indemnification provisions of this Contract’s General Conditions include an obligation to defend, indemnify, and hold harmless each and all of the Indemnitees (as that term is defined in the indemnification provisions) against any Charges (as that term is defined in the indemnification provisions) arising out of or https://sam.gov/wage-determination/NC20250073/0 12/ related to any violation of the Buy America Requirements or of this Article by the Contractor, by any subcontractor, or any supplier.

H. The Contractor acknowledges and agrees that, to the extent that the Contractor or any subcontractor or any supplier provides any rolling stock for the Work or for the Project, the “Buy America Requirements” for purposes of this Article 1.3 also include all requirements imposed by 49 U.S.C.

§ 5323(j)(2)(C) and 49 CFR § 661.11, as those provisions may be amended from time to time.