Academy Gibson Park.pdf

REQUEST FOR BIDS

ACADEMY GIBSON PARK

Project No. 2025-023 Bid No. 2722

Withers Ravenel 137 S Wilmington Street, Suite 200 Raleigh, NC 27601 jblasco@withersravenel.com

City of Concord Engineering Department P.O. Box 308 Concord, NC 28026

TABLE OF CONTENTS

SECTION I – BIDS, AGREEMENTS, AND NOTICES

INVITATION TO BID

INSTRUCTIONS TO BIDDERS

DEBARRED FIRMS CERTIFICATION FORM (must be completed & submitted with bid) BIDDER QUALIFICATION FORM (must be completed & submitted with bid) SUBCONTRACTOR INFORMATION FORM (must be completed & submitted with bid)

BIDDERS REQUEST FOR INFORMATION FORM

BIDDERS REQUEST FOR SUBSTITUTION / PRIOR APPROVAL FORM

BID FORM (must be completed & submitted with bid)

STANDARD FORM OF PERFORMANCE BOND

PROJECT SPECIAL CONDITIONS

NOTICE OF AWARD

STANDARD FORM OF CONSTRUCTION CONTRACT

APPLICATION FOR PAYMENT

CONTRACT CHANGE ORDER

FIELD ORDER

NC SALES TAX REPORT

NORTH CAROLINA ONE CALL

SECTION II – GENERAL CONDITIONS

See City Webpage – Engineering Department – Forms & Downloads – Standard Details & Specifications https://concordnc.gov/Portals/0/Concord/Departments/Engineering/Documents/Old%20Site%20Standards/10 %2001%2005%20General%20Conditions%20Horizontal.pdf?ver=D9zcv1hzhy5VHaHl1P4Ntg%3d%3d https://concordnc.gov/Portals/0/Concord/Departments/Engineering/Documents/Old%20Site%20Standards/10 %2001%2008%20GENERAL%20PROVISIONS%20Vertical%20Construction.pdf?ver=RFc9qXcwcYckxj7 yRIwJuA%3d%3d

BID ADVERTISEMENT/INVITATION TO BID

August 6, 2026

Project Title: ACADEMY GIBSON PARK

Project No. 2025-023– Bid No. 2722

Project Description: The work of this contract includes but is not limited to, construction of a skatepark, pump track, parking lot, new restroom building and shelter, art walls, shade sails, SCM features, pervious concrete, and pedestrian pavers all with the associated grading, stormwater infrastructure, utilities, erosion control, and plantings at the site of Academy Gibson Park.

Sealed Bids will be received by the City of Concord (Owner) at the address below. Please submit notarized bids in a sealed envelope by the bid opening time and date. All Bids must be in accordance with the Bidding Documents on file with the City of Concord Engineering Department. Bidders must be licensed contractors in the State of North Carolina. Bids will be received on a lump sum basis. A Bid Bond must accompany each bid.

The Successful Bidder will be required to furnish a Construction Performance Bond and a Construction Payment Bond as security for the faithful performance and the payment of all bills and obligations arising from the performance of the Contract. Contractor and all Subcontractors will be required to conform to the labor standards set forth in the Contract Documents. Owner reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced, or conditional Bids, and will award to lowest responsible Bidder taking into consideration quality, performance, and time specified in Bid Form for performance of Work. Owner also reserves the right to waive informalities.

Enrique A. Blat, PE Deputy City Engineer

Engineer: City of Concord Engineering Department Alfred M. Brown Operations Center P O Box 308, Concord, NC 28026-0308

Contractors wishing to bid on this project must register to bid by sending an email to Noah Shaver at shavertn@concordnc.gov . Registration for bidding requires the name of the company, physical address, email address, and telephone number. All communication regarding this bid will be done through email.

Bid documents are available free of charge from the City of Concord website at:

https://www.concordnc.gov/Departments/Finance/Purchasing/RFPs-and-Bids

Technical questions: Contact Noah Shaver, (shavertn@concordnc.gov). Questions/substitutions accepted until E.O.D. 9/9/26.

The City of Concord Engineering Department will hold a Prebid Meeting for this project on August 27th, 2026 at 1:30 PM in The Ready Room of the Alfred M. Brown Operations Center.

Bid Due Date: September 17th, 2026 at 2:00 PM Location: City of Concord, Alfred M. Brown Operations Center 635 Alfred Brown Jr Court SW, Concord, NC 28026

Ready Room (See attached map/directions)

MAP AND DIRECTIONS TO CITY OF CONCORD

ALFRED M BROWN OPERATIONS CENTER

Directions from Charlotte

Take I-77 north to I-85 north from Charlotte to Concord From I-85 north, take exit 49 to the right towards Lowe’s Motor Speedway At the Lowe’s Motor Speedway, turn left onto Highway 29 (Concord Pkwy) north Keep going north while you pass the Wal-Mart shopping center on your right Turn right at the light at the Chevrolet dealership onto Cabarrus Avenue Turn right at the next traffic light at the Walgreens onto Hwy 601 South (bypass) (Hwy 601 S is also Warren C. Coleman Boulevard) Go straight through two traffic lights at Old Charlotte Road and Wilshire Avenue Pass the Golf Driving Range on your right Turn right at the next traffic light at Manor Avenue (red & white sign on right for the City of Concord Alfred M. Brown Operations Center) You will be on the entrance road into our complex Pass Through the Roundabout and Follow signs to the left to Visitor Parking.

Proceed to the front desk at the Administration Building and sign in with the Receptionist

INSTRUCTIONS TO BIDDERS

1. DEFINED TERMS. Terms used in these Instructions to Bidders are meanings assigned to them in the General Conditions and the Supplementary Conditions. An additional term is defined as follows:

Successful Bidder - The lowest, qualified, responsible, and responsive Bidder to whom Owner

(based on Owner's evaluation as herein provided) makes an award.

2. COPIES OF BID DOCUMENTS. Bid Documents which include all front-end documents may be obtained from Owner:

City of Concord Engineering Department

Alfred M. Brown Operations Center 635 Alfred Brown Jr Court SW

P O Box 308, Concord, NC 28026-0308 704-920-5425

Bid Documents may be obtained from the Owner via the link below for the City of Concord’s website.

Complete set of Bid Documents - Free download http://www.concordnc.gov/Departments/Finance/Purchasing/RFPs-and-Bids

Partial sets of Bid Documents will not be issued in response to requests by subject matter.

Complete sets of Bid Documents must be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misrepresentations resulting from the use of incomplete sets of Quoting Documents.

Owner and Engineer, in making copies of Quoting Documents available on the above terms, do so only for obtaining Bids for the Work and do not confer a license or grant for any other use.

3. QUALIFICATIONS OF BIDDERS. To demonstrate qualifications to perform the Work, Bidder will be required to submit written evidence on financial data, previous experience, present commitments, and other such data as may be requested by Owner or Engineer. To aid in this process, each bidder must submit the Bidder Qualification Sheet and the Subcontractor Information Sheet with their bid to be considered for this project.

Each Bid must contain evidence of Bidder’s qualification to do business in the state where the Project is located.

TO BE CONSIDERED AS A BIDDER FOR THIS PROJECT, CONTRACTORS MUST REGISTER

WITH THE CITY OF CONCORD BY SENDING AN EMAIL THAT INCLUDES YOUR NAME AND

COMPANY CONTACT INFORMATION TO shavertn@concordnc.gov CONTRACT DOCUMENTS

ARE AVAILABLE FROM THE CITY OF CONCORD - WEBSITE

4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE. It is the responsibility of each Bidder, before submitting a Bid, to (a) thoroughly examine the Contract Documents, (b) visit the site to become familiar with local conditions that may affect cost, progress, performance, or furnishing of the Work, (c) consider federal, state, and local laws and regulations that may affect cost, progress, performance, or furnishing of the Work, (d) study and carefully correlate Bidder’s observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors, or discrepancies discovered by Bidder in the Contract Documents.

4.2. Underground Facilities. Information and data reflected in the Contract Documents with respect to underground facilities at or contiguous to the site are based upon information and data furnished to Owner and

Engineer by owners of such underground facilities or others, and Owner and Engineer disclaim responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions.

4.3. Additional Information. Before submitting a Bid, each Bidder will, at Bidder’s own expense, make or obtain any additional examinations, investigations, explorations, tests, and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface, and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance, or furnishing of the Work and which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price, and other terms and conditions of the Contract Documents.

On request 24 hours in advance, Owner will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the site to its former condition upon completion of such explorations. Arrangements for site visits shall be made by calling the office of the Director of Engineering for the City of Concord at 704.920.5425.

4.4. Easements. The lands upon which the Work is to be performed, rights-of-way and easements for access thereto, and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by Owner unless otherwise specified in the Contract Documents.

4.5. Unit Price Contracts. Bidders must satisfy themselves of the accuracy of the estimated quantities in the Bid schedule by examination of the site and a review of the drawings and the specifications, including the addenda. After Bids have been submitted, the Bidder shall not assert that there was a misunderstanding concerning the quantities of work or the nature of the work to be done.

4.6. Bidder’s Representation. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement concerning examination of the Contract Documents and the site, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

5. INTERPRETATIONS AND ADDENDA. All questions about the meaning or intent of the Quoting Documents and the Contract Documents shall be submitted to Owner in writing. Interpretations or clarifications considered necessary by Owner in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Quoting Documents. Questions received less than 10 days prior to the date for opening of Bids may not be answered. Only answers issued by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

6. BID SECURITY. Each Proposal must be accompanied by a deposit equal to 5% of the net price bid.

Please submit this in a separate envelope. This deposit may consist of cash, or a Cashier's Check issued by, or a Certified Check drawn on a Bank or Trust Company authorized to do business in North Carolina, or on a Bank insured by the Federal Deposit Insurance Corporation, or a U.S. Money Order, payable to the City of Concord or 5% Bid Bond in the form required by G.S. 143-129 as amended, issued by an Insurance Company authorized to do business in North Carolina, said deposit to be retained in the event of failure of the successful bidder to execute a formal contract within ten (10) days after award or to give satisfactory surety required.

The Bid security of the Successful Bidder (if so required) will be retained until such Bidder has executed the Agreement, furnished the required contract security (if so required), and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within the number of days set forth in the Bid Form, Owner may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security (if so required) of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of 7 days after the Effective Date of the Agreement or the day after the last day the Bid remain subject to acceptance as set forth in the Bid Form, whereupon Bid security furnished by such Bidders will be returned. Bid security accompanying Bid which are deemed by Owner to be noncompetitive will be returned within 7 days after the designated Bid Opening.

7. CONTRACT TIMES. The numbers of calendar days within which, or the dates by which, the Work is to be substantially completed and completed and ready for final payment (the Contract Times) are set forth in the Bid Form.

8. LIQUIDATED DAMAGES. Provisions for liquidated damages, if any, are set forth in the Agreement.

9. SUBSTITUTES OR "OR-EQUAL ITEMS. Bidder’s attention is directed to Article 6.5 of the General Conditions concerning substitutes and "or-equal" items. Where an item or material is specified by a proprietary name, it is done for the purpose of establishing a basis of quality and not for the purpose of limiting competition.

The Engineer's intent is to consider alternative products which have the desired essential characteristics. The Engineer will consider any such products offered. Requests for acceptance of alternative products shall be made through Bidders quoting as prime Contractors. Acceptances for substitutions will not be granted directly to suppliers, distributors, or subcontractors. Pursuant to Section 133-3, General Statutes of North Carolina, the following procedures shall be used:

Bidders desiring to submit alternative product proposals for prior acceptance of the Engineers shall submit, in writing, such proposals from 8/06/26, until 9/09/26. Applications received after this time will not be reviewed.

Each such request shall include the name of the material or equipment for which it is to be substituted and a complete description of the proposed substitute, including drawings, cuts, performance and test data, and other information necessary for an evaluation. A statement setting forth any changes in other materials, equipment, or other work that incorporation of the substitute would require shall be included. The Engineer shall consider and either accept or reject all alternative product proposals submitted.

If, by the close of the fifth day prior to the deadline for receiving Bid, the Engineer has accepted any alternative product proposals, the Quoting Documents shall be modified to include the alternative products. The Engineer shall publish the modification in an Addenda at least 5 days prior to the deadline for receiving Bids. The Engineer's decision of acceptance or rejection of a proposed substitute shall be final.

10. SUBCONTRACTORS, SUPPLIERS, AND OTHERS. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, and other persons and organizations (including those who are to furnish the principal items of material and equipment) to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within 3 days after the opening submit to Owner the List of Subcontractors completed with all such Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work for which such identification is required. The list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, person, or organization, if requested by Owner. If Owner or Engineer after due investigation has reasonable objection to any proposed Subcontractor, Supplier, or other person or organization, Owner may, before the Notice of Award is given, request the apparent Successful Bidder to submit an acceptable substitute without an increase in the Bid.

All Subcontractors shall be a licensed utility contractor in the State of North Carolina.

11. BID FORM. The Bid Form is bound in the Contract Documents and shall not be removed therefrom. Bid Form must be completed in ink.

Bids by corporations must be executed in the corporate name by the president or vice-president (or other corporate officer accompanied by evidence of authority to sign for the corporation). Bids by partnerships must be executed in the partnership name and signed by a partner. Bids by joint ventures shall be signed by each participant in the joint venture or by a representative of the joint venture accompanied by evidence of authority to sign for the joint venture.

The names of all persons signing shall be legibly printed below the signature. A Bid by a person who affixes to his signature the word "president", "secretary", "agent", or other designation without disclosing his principal may be held to be the Bid of the individual signing. When requested by Owner, evidence of the authority of the person signing shall be furnished.

All blanks in the Bid Form shall be filled. A Bid price shall be indicated for each unit price item listed therein, or the words "No Bid", "No Charge", "No Change", or another appropriate phrase shall be entered.

The Bid shall contain an acknowledgment of receipt of all Addenda; the numbers and dates of which shall be filled in on the Bid Form.

No alterations in Bids, or in the printed forms therefore, by erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder; if initialed, Owner may require the Bidder to identify any alteration so initialed.

11.01. Contingency. The Contingency is to be added to the Bid price and is to be used for minor change order items. If the Contingency is to be used, a scope of work and price would be negotiated. The Contingency is for the sole use of Owner. A change order will be issued to delete any unauthorized portion of the Contingency.

12. SUBMISSION OF BIDS. Bids shall be submitted at the time and place indicated in the Invitation to Bid, or the modified time and place indicated by Addendum. Bids shall be enclosed in a sealed envelope or wrapping, addressed to:

The City of Concord

Enrique Blat, PE, Deputy City Engineer P.O. Box 308

635 Alfred Brown Jr Court SW Concord, North Carolina 28026-0308

Bids shall be marked with the name, license number, and address of the Bidder and shall be accompanied by the Bid security (if required) and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it.

Each Bid envelope shall be identified on the outside with the words ‘BID FOR ACADEMY GIBSON PARK

– BID NUMBER 2722’. The bid bond shall be in a separate envelope labeled “BID BOND FOR

ACADEMY GIBSON PARK – BID NUMBER 2722”

Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. Bids received after the time and date for receipt of Bids will be returned unopened.

One copy of all pages of the BID FORM must be submitted with the Bid, as well as a Bid Bond, Debarred Firms Certification Form, BIDDER QUALIFICATION FORM, and SUBCONTRACTOR INFORMATION FORM. Bid bond to be submitted in separate envelope.

Oral, telephone, facsimile, or telegraph Bids are invalid and will not receive consideration.

No Bidder may submit more than one Bid. Multiple Bids under different names will not be accepted from one firm or association.

A conditional or qualified Bid will not be accepted.

13. MODIFICATION AND WITHDRAWAL OF BIDS. Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids.

If, within 24 hours after Bids are opened, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid security (if any) will be returned. Thereafter, that Bidder will be disqualified from further quoting on the Work to be provided under the Contract Documents.

14. OPENING OF BIDS. Bids will be opened at the office and at the discretion of the Director of Engineering and read aloud.

The procedure for opening Bids will follow guidelines issued by the State Building Commission dated December 10, 1990, and endorsed by the Consulting Engineers Council of North Carolina.

15. BIDS TO REMAIN SUBJECT TO ACCEPTANCE. All Bids will remain subject to acceptance for the number of days set forth in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the security (if any) prior to that date.

16. AWARD OF CONTRACT. Owner reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced, or conditional Bids, and will award to lowest responsible Bidder taking into consideration quality, performance, and time specified in Bid Form for performance of Work. Owner also reserves the right to waive informalities.

In evaluating Bids, Owner will consider the qualifications of the Bidders, whether the Bids comply with the prescribed requirements, and such alternatives, unit prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award.

Owner may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions. Owner also may consider the operating costs, maintenance requirements, performance data, and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award.

Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time.

If the Contract is to be awarded, it will be awarded to the lowest Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of Owner. If the Contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within the number of days set forth in the Bid Form. The evaluation of Suppliers' or manufacturers' data submitted with the Bid, or submitted upon request prior to the Notice of Award, will include consideration of the following:

Owner-required inventory of spare parts.

Building design changes which would be required to accommodate the proposed materials and equipment.

Installation requirements and related engineering, training, and operating costs.

Experience and performance record of the Supplier or the manufacturer.

Maintenance and frequency of inspections required to assure reliable performance of the equipment.

Suppliers' or manufacturers' service facilities and availability of qualified field service personnel.

Efficiency and related operating expense during the anticipated useful life of the equipment.

17. CONTRACT SECURITY. The General Conditions set forth Owner's requirements as to Performance and Payment Bonds (required). These Bonds shall be delivered to Owner with the executed Agreement.

18. SIGNING OF AGREEMENT. When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by two unsigned counterparts of the Agreement with all other written Contract Documents attached. Within the number of days set forth in the Bid Form, the Successful Bidder shall sign, leaving the dates blank, and deliver the required number of counterparts of the Agreement and attached documents to Owner with the required Bonds and power of attorney. Within 30 days thereafter, Owner shall execute all copies of the Agreement and other Contract Documents submitted by Contractor (Successful Bidder); shall insert the date of contract on the Agreement, Bonds, and power of attorney; and shall distribute signed copies as stipulated in the Agreement.

Should the Owner not execute the Contract within the period specified, the Successful Bidder may, by written notice, withdraw his signed Contract. Such notice or withdrawal shall be effective upon receipt of the notice by the Owner.

19. SALES AND USE TAXES. Provisions for sales and use taxes, if any, are set forth in the Supplementary Conditions.

20. RETAINAGE. Provisions concerning retainage are set forth in the Agreement.

21. LAWS AND REGULATIONS. Modifications, if any, to the General Conditions concerning Laws and Regulations are set forth in the Supplementary Conditions. Additional provisions, if any, concerning Laws and Regulations are set forth in the Agreement.

21.01. Collusive Bidding. In accordance with Section 112(c) of Title 23 USC, and G.S. 75-5(b)(7) of the State of North Carolina, the Contractor (Bidder), by submission and execution of this bid or Bid, certifies that he has not entered any agreement, participated in any collusion, or project.

DEBARRED FIRMS CERTIFICATION FORM

[MUST BE COMPLETED & SUBMITTED WITH BID]

Academy Gibson Park Project No. 2025-023

The undersigned hereby certifies that the firm of has not been suspended by the State of North Carolina or any agency or department there of for conviction or indictment or any of the offenses enumerated in G.S. 133-27 nor will award subcontracts of any tier to firms that have been suspended for conviction or indictment of any of the offenses enumerated in G.S. 133-27.

Name of Firm

ATTEST (SEAL)

Signature of Authorized Official

Title

Sworn and subscribed before me this day of , 2026.

Notary Public

BIDDER QUALIFICATION FORM

Name of Bidder (General Contractor):

NC Contractor’s License No.:

Municipal References of Similar Scope and Size

1) Project Name/Location:

a. Reference Contact Name:

b. Reference Contact Phone Number:

c. Reference Contact Email Address:

d. Project Dollar Value:

2) Project Name/Location:

c. Reference Contact Email Address:

3) Project Name/Location:

c. Reference Contact Email Address:

SUBCONTRACTOR INFORMATION FORM

Name of Skatepark + Pump Track Install Subcontractor:

NC Contractor’s License No.:

Five (5) Skatepark/Pump Track Projects Completed in Previous Five (5) Years - Min. One (1) in NC/SC:

1) Project Name/Location:

c. Reference Contact Email Address:

d. Year of Completion:

2) Project Name/Location:

c. Reference Contact Email Address:

3) Project Name/Location:

c. Reference Contact Email Address:

4) Project Name/Location:

c. Reference Contact Email Address:

5) Project Name/Location:

c. Reference Contact Email Address:

d. Year of Completion:

Utility Contractor Name:

NC Utility Contractor’s License No.:

Grading/SCM Contractor Name:

Grading/SCM Contractor License No:

Electrical Contractor Name:

Electrical Contractor License No.:

Plumbing Contractor Name:

Plumbing Contractor License No.:

DOCUMENT 00 2126 – BIDDERS REQUEST FOR INFORMATION FORM

Use this form to request information required for completing bid when information is not contained in the Bidding Documents. Response to request is a clarification only and does not constitute a change to the requirements of the Bidding Documents unless incorporated in a written Addendum.

2025-023

Email: Email:

Bidder’s Inquiry:

Signed: Date:

Architect's Response: [See Addendum No: ] [As follows:]

Signed: Date:

Project: Academy Gibson Park Project No.:

To: Specification Section #:

Attn.:

Contractor:

Requested by:

Phone: Phone:

SUBSTITUTION REQUEST DURING BIDDING PHASE

Project Title: Project Address:

Submitted By: Contract for:

Prime/Sub/Supplier: Date:

Specification Title: Section No.

Description: Paragraph:

Page No.

Proposed Substitution:

Trade Name: Model No.:

Manufacturer:

Address: Phone No.:

Attached data includes product description, specifications, drawings, photographs, and performance and test data adequate for evaluation of the request; applicable portions of the data are clearly identified.

Attached data also includes a description of changes to the Contract Documents that the proposed substitution will require for its proper installation.

The Undersigned certifies:

• Proposed substitution has been fully investigated and determined to be equal or superior in all respects to specified product.

• Same warranty will be furnished for proposed substitution as for specified product.

• Same maintenance service and source of replacement parts, as applicable, is available.

• Proposed substitution will have no adverse effect on other trades and will not affect or delay progress schedule.

• Proposed substitution does not affect dimensions and functional clearances.

• Payment will be made for changes to building design, including A/E design, detailing, and construction costs caused by the substitution.

Submitted By:

Signed By: Company/Firm:

Address:

Telephone: Email:

Supporting Data Attached:

☐ Drawings ☐ Product Data ☐ Samples ☐ Tests ☐ Reports ☐ Other

DESIGNER’S REVIEW AND ACTION:

☐ Substitution approved – Make submittals in accordance with Specification Section 01 60 00 – Product Requirements.

☐ Substitution approved as noted. Make submittals in accordance with Section 01 60 00 – Product Requirements.

☐ Substitution rejected - Use specified materials.

☐ Substitution Request received too late - Use specified materials.

Signed by:

Request for Approval of Substitution During Bidding

Date:

Exhibit A - BID FORM

PROJECT IDENTIFICATION:

Academy Gibson Park Project No. 2025-023

THIS BID IS SUBMITTED TO:

Enrique Blat, PE, Deputy City Engineer City of Concord

635 Alfred Brown Jr Court SW

1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter an agreement with Owner in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents within the specified time and for the amount indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents.

2. Bidder accepts all the terms and conditions of the Invitation to Bid and the Instructions to Bid, including without limitation those dealing with the disposition of the Bid security (if security is required by the City Manager). This Bid will remain subject to acceptance for 60 days after the day designated for reception of Bids. Bidder will sign and submit the Agreement with the Bonds and other documents required by the Quoting Documents within 10 days after the date of Owner's Notice of Award.

3. In submitting this Bid, Bidder represents that:

a. Bidder has examined copies of all the Quoting Documents and of the following Addenda (receipt of all which is hereby acknowledged):

No. Dated

b. Bidder has visited the site and become familiar with and satisfied itself as to the general, local, and site conditions that may affect cost, progress, performance, and furnishing of the Work.

c. Bidder is familiar with and has satisfied itself as to all Federal, State, and Local Laws and Regulations that may affect cost, progress, performance, and furnishing of Work.

d. Bidder has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except underground facilities) which have provided by the owner and under the conditions normally used and identified in the Supplementary Conditions and Special Conditions as provided in Paragraph 4.2.1 of the General Conditions. Bidder accepts the determination set forth in the Supplementary Conditions and Special Conditions of the extent of the "technical data" contained in such reports and drawings upon which Bidder is entitled to rely as provided in Paragraph 4.2 of the General Conditions. Bidder acknowledges that such reports and drawings are not Contract

Documents and may not be complete for Bidder’s purposes. Bidder acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Quoting Documents with respect to underground facilities at or contiguous to the site.

Bidder has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder and safety precautions and programs incident thereto. Bidder does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance and furnishing of the Work in accordance with the time, price, and other terms and conditions of the Contract Documents.

e. Bidder is aware of the general nature of Work to be performed by Owner and others at the site that relates to Work for which this Bid is submitted as indicated in the Contract Documents.

f. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents.

g. Bidder has given Engineer written and verbal notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Bidder, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted.

h. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid Bidder has not solicited or induced any person, firm, or corporation to refrain from quoting; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner.

4. The terms used in this BID, which are defined in the General Conditions, have the meanings assigned to them in the General Conditions.

DATE:

NAME OF BIDDER:

BUSINESS ADDRESS:

PHONE:

FAX:

EMAIL:

NC CONTRACTOR NO.:

In compliance with the Instructions to Bidders, the undersigned, having carefully examined the Bidding Documents, Scope of Work, Special Provisions, Drawings and Specifications, all subsequent Addenda as prepared by the Owner, visited the site and being familiar with all conditions and requirements of the work, hereby agrees to furnish all labor, materials, equipment and services, etc., to complete the work required in accordance with the Contract Documents for the consideration of the following amount/amounts.

LUMP SUM BASE BID (Fill in amount in words and figures, words to govern in case of conflict) includes amount shown hereinafter in Performance and Payment Bonds:

In compliance with the Instructions to Bidders, the undersigned Bidder, having carefully examined the Bidding Documents, Conditions of the Contract, Scope of Work, Special Provisions, Drawings and Specifications, and all subsequent Addenda as prepared by the Owner, the Withers Ravenel, Inc. and its consultants, and having visited the site and being familiar with all existing conditions and requirements of the work, hereby agrees to furnish all labor, materials, equipment and services, etc., to complete the work required for the construction of Academy Gibson Park in accordance with the Contract Documents for the consideration of the following amount/amounts.

Base Bid / Contract Sum:

Dollars $ .

Project Contingency, 8% of total above $ .

Total Base Bid = Base Bid + Project Contingency $ .

Itemize the following costs but include the number in the above base bid cost. Unit prices to be listed in contractor’s schedule of values. If Unit Prices are not used a deductive change will be credited back to the Owner at the end of the project.

UNIT PRICES:

UP-1 – Cost for additional unsuitable soil excavation/disposal (500 CY extra included in base bid).

$ / Cubic Yard

UP-2 – Cost per Ton to supply and place 57 stone per engineer requirements (300 TN extra included in base bid).

$ / Ton

UP-3 – Cost per cubic yard to supply and place structural fill per engineer requirements (300 CY included in base bid).

$ / Cubic Yard

UP-4 – Cost per Square Yard to supply and place Mirafi 500X (or equivalent) geotextile for foundation remediation

(1500 SY included in base bid).

$ / Square Yard

UP-5 – Cost per Each to install additional owner provided benches beyond what is shown on the project drawings.

Includes in-ground bench installation and gravel base landing pad (3 EA included in base bid).

$ / EA

UP-6 – Cost of Skate Park and Pump Track. Includes materials and labor for all elements of the skate park/pump track drawings. Including, but not limited to, specified benches, prefabricated half-pipe, storm drainage, shotcrete, asphalt and all other materials and labor necessary to construct the skate park and pump track as shown on plan sheets SP1.01 through SP7.03.

$ / LS

ALLOWANCES: The undersigned further agrees to design and construct the allowances as described, with the understanding that costs listed for each allowance include costs of related coordination, design, revision, or adjustment. Please include the following costs in your bid. If the design and construction cost is less than the allowance a deductive change will be credited back to the Owner:

Allowance No. 1: CMU Painted Art Walls Delegated Design and Construction. Varying Heights from 24” to 72”.

$ 50,000

Allowance No. 2: Five (5) Shade Sail Structures Delegated Design and Construction. Cantilevered steel structures with shade sail roof system. One (1) structure at the halfpipe and Four (4) structures throughout the Skatepark/Pump Track.

$ 80,000

The undersigned further agrees that this proposal shall be valid for a period of ninety days from the date of receipt of the bids and that if this proposal is accepted by The City of Concord within this period, the Bidder will execute the contract form.

The undersigned further agrees to begin the work promptly upon receipt of Notice to Proceed and to pursue the work with an adequate, competent, commercial work force to complete the work within 365 calendar days from the Notice to Proceed. By submitting this bid, the Contractor agrees that the calendar days for construction stated above will be adequate for 100% completion of the project, and that he can deliver a Certificate of Occupancy within that period. Liquidated Damages of $ 1000 per calendar day are hereby agreed upon as assessment from the Contractor for failure to complete the work within the time stated herein. In addition to Liquidated Damages, the Owner may also exercise their right to recover all other losses.

Accompanying this proposal is a bid security (5% of Contract Sum) in the form of: as required by North Carolina General Statute.

TIME OF COMPLETION

The undersigned further agrees to begin work within ten (10) days after a "Notice to Proceed" with an adequate work force, carry the work forward as rapidly as possible and complete the work within 365 calendar days.

CONTRACTOR’S LICENSE

The undersigned further states that it is a duly licensed contractor, for the type of work proposed, in the state of North Carolina, and that all fees, permits, etc., pursuant to submitting this proposal have been paid in full.

SIGNATURE OF BIDDER:

Contractor's License Number

License Expiration Date If an Individual

By (signature of individual) doing business as

Business address

Phone No.

Date , 20

ATTEST TITLE

If a Partnership

(firm name)

(signature of general partner)

If a Corporation

(corporation name)

(signature of authorized person) (title)

(Seal)

If a Joint Venture (Other party must sign below.)

By (name)

Contractor's License Number

License Expiration Date

If an Individual

(signature of individual) doing business as

If a Partnership

(firm name)

(signature of general partner)

If a Corporation

(corporation name)

(signature of authorized person)(title)

(Seal)

STANDARD FORM OF

PERFORMANCE BOND

Date of Execution of this Bond

Name and Address of Principal (Contractor)

Name and Address of Surety

Name and Address of Contracting Body

Amount of Bond

Contract That certain contract by and between the Principal and the Contracting Body above named dated for

KNOW ALL MEN BY THESE PRESENTS, that we, the PRINCIPAL and SURETY above named, are held and firmly bound unto the above-named Contracting Body, hereinafter called the Contracting Body, in the penal sum of the amount stated above for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGAITON IS SUCH, that whereas the Principal entered a certain contract with the Contracting Body, identified as shown above and hereto attached;

NOW THEREFORE, if the Principal shall well and truly perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term of said contract and any extensions thereof that may be granted by the Contracting Body, with or without notice to the Surety, and during the life of any guaranty required under the contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of any and all duly authorized modifications of the contract that may hereafter be made, notice of which modifications to the Surety being hereby waived, then, this obligation to be void; otherwise, to remain in full force and virtue.

PERFORMANCE BOND: (Continued)

THIS PERFORMANCE BOND is made and given pursuant to the requirements and provisions of Section 129 of Chapter 143 of the General Statutes of North Carolina and pursuant to Article 3 of Chapter 44-A of the General Statutes of North Carolina, and each and every provision set forth and contained in Section 129 of Chapter 143 and in Article 3 of Chapter 44-A of the General Statutes of North Carolina is incorporated herein, made a part hereof, and deemed to be conclusively written into this Bond.

IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under their several seals as of the date indicated above, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned and representative, pursuant to authority of its governing body.

WITNESS:

Principal (Name of individual and trade name, partnership, corporation, or joint venture)

(Proprietorship or Partnership)

Printed Name BY (SEAL)

Printed Name

TITLE

(Owner, Partner, Office held in corporation, joint venture)

ATTEST: (Corporation) (Corporate Seal of Principal)

BY

TITLE

(Corporation Secretary or Assistant Secretary Only)

WITNESS:

Surety (Name of Surety Company)

BY

TITLE Attorney in Fact

(Corporate Seal of Surety)

COUNTERSIGNED:

(Address of Attorney in Fact)

N.C. Licensed Resident Agent

PROJECT SPECIAL CONDITIONS

1. The Contractor will provide all materials unless otherwise noted.

2. Please email Noah Shaver, EI shavertn@concordnc.gov to arrange a site visit.

3. Contractor will be responsible for all permits and associated fees. Contractor is responsible for payment of all water/sewer tap and meter fees.

4. Install only high efficiency toilets (1.28 gallons per flush) and water efficient urinals as required for all new City-owned facilities and retro-fits, where practicable.

5. The Contractor shall coordinate with the utility owners to be aware of all utilities (public and private) located within the project area prior to construction. The Contractor is responsible for all damaged utilities and will need to repair per code at their expense.

6. If unforeseen subsurface conditions are found, this shall be documented by the Project engineer, estimated and quantified. Unforeseen subsurface condition remediation shall be paid for by the owner as an addition to the bid amount per the unit prices defined in the bid form.

7. The Contractor shall maintain on file at the job site, copies of all permits and approvals for the project.

8. Contractor shall develop and submit prior to beginning construction, a schedule of work, which will allow construction of the project while maintaining vehicular access to all adjacent parcels during the construction period.

9. The contractor is responsible for all erosion control measures on site and the transfer of financial responsibility for the NCDEQ permit.

10. If traffic control is needed, it shall be provided by the contractor at their expense.

11. Contractor is responsible for establishing finish grades for all work and ensure compliance with ADA accessibility laws.

12. Contractor is responsible for dewatering of any excavations onsite. Please refer to water table elevations given in the Geotechnical report. Dewatering is expected.

13. General Contractor (Bidder) must provide Three (3) Municipal references of similar size and scope.

14. Skatepark/Pump Track Subcontractor must have completed Five (5) Skatepark/Pump Track projects in the past Five (5) years. One (1) of these projects must have been constructed in North or South Carolina. NC General Contractor’s License is required.

NOTICE OF AWARD

TO:

FROM: City of Concord City Council (OWNER)

26 Union Street, South

PROJECT: Academy Gibson Park

City Project No. 2025-023

You are hereby notified that the bid submitted by you for the above-named project in response to the City of Concord’s Invitation to Bid dated August 6th, 2026 in the amount of

And /100 DOLLARS

($ ) has been accepted.

You are hereby required to execute the formal AGREEMENT with the City of Concord City Council and to furnish all Contractor’s Bond(s), Certificate of Insurance and Power of Attorney(s) along with other documents pertaining to the work as designated by the City of Concord.

If you fail to execute said AGREEMENT and to furnish this and any other required documents pertaining to the work within ten (10) days from the date of delivery of this NOTICE OF AWARD, said Owner will be entitled to consider all your rights arising out of the Owner’s acceptance of your bid as abandoned and to award the work covered by your proposal to another, or to re-bid the work or otherwise dispose thereof as the Owner may seefit.

Dated this the day of , 2026

City of Concord, North Carolina

By:

Title: Const. Manager

ACCEPTANCE OF NOTICE OF AWARD

Receipt of the above NOTICE OF AWARD is hereby acknowledged this the day of , 2026.

By:

Title:

STANDARD FORM CONSTRUCTION AGREEMENT

This Agreement (together with all exhibits and valid amendments, the “Agreement”) is made and entered into as of the ___ day of __________________, 20____, by the City of CONCORD (“City”) and __________________________ (“Contractor”), ( ) a corporation, ( ) a professional corporation, ( ) a professional association, ( ) a limited partnership, ( ) a limited liability company, ( ) a sole proprietorship, or ( ) a general partnership; organized and existing under the laws of the State of _________________________.

Sec. 1. Background and Purpose.

The work of this contract includes but is not limited to, construction of a skatepark, pump track, parking lot, new restroom building and shelter, art walls, shade sails, SCM features, pervious concrete, and pedestrian pavers all with the associated grading, stormwater infrastructure, utilities, erosion control, and plantings at the site of Academy Gibson Park.

Sec. 2. Services and Scope to be Performed. The Contractor shall provide the Services at the charges set forth either in this paragraph or in Exhibit “A”. In this Agreement, “Services” means the services that the Contractor is required to perform pursuant to this Agreement and all of the Contractor’s duties to the City that arise out of this Agreement.

Any amendments, corrections, or change orders by either party must be made in writing signed in the same manner as the original. The City reserves the right to refuse payment for any work outside that authorized herein or pursuant to a duly approved amendment or change order.

Sec. 3. Complete Work without Extra Cost. Unless otherwise provided, the Contractor shall obtain and provide, without additional cost to the City, all labor, materials, equipment, transportation, facilities, services, permits, and licenses necessary to perform the Services.

Sec. 4.…