CATS Bus Stop Improvements - Group 2.pdf

PROJECT MANUAL

FOR

CATS BUS STOP IMPROVEMENTS – Group 2

BID NUMBER:

269-2027-2215

OWNER:

CHARLOTTE AREA TRANSIT SYSTEM (CATS)

CITY OF CHARLOTTE, NORTH CAROLINA

ADVERTISEMENT DATE: September 1, 2026

2024 NCDOT STANDARD SPECIFICATIONS

v.3-24-2025 (Bonfire Version)

Bid #: 269-2027-2215 Division 00 - Procurement & Contracting Requirements Project Name: CATS Bus Stop Improvements – Group 2

Introduction 00 01 00 - 1

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 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

1.3 BUY AMERICA

1.4 CIVIL RIGHTS LAWS AND REGULATIONS

1.5 EMPLOYEE PROTECTIONS

1.6 ENERGY CONSERVATION

1.7 GOVERNMENT-WIDE DEBARMENT AND SUSPENSION

1.8 NO GOVERNMENT OBLIGATION TO THIRD PARTIES

1.9 PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS

1.10 SAFE OPERATION OF MOTOR VEHICLES

1.11 FEDERAL CHANGES

1.12 INCORPORATION OF FTA TERMS

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

1.14 CLEAN AIR

1.15 CLEAN WATER

1.16 LOBBYING

1.17 CONTRACT WORK HOURS AND 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

00 60 00 – PROJECT FORMS

ARTICLE 3: U.S. DEPARTMENT OF LABOR PAYROLL FORM (WH-347)

ARTICLE 4: MONTHLY PAYMENT TO SUBCONTRACTORS/SUPPLIERS – FORM B

ARTICLE 5: STATE/COUNTY SALES/USE TAX STATEMENT

ARTICLE 7: e-Builder Project Delivery

Introduction 00 01 00 - 2

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 CONTROL OF EROSION, SILTATION AND POLLUTION

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 AFFIDAVITS

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

2.34 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 & ORGANIZATION OF E-BUILDER PROJECT CONTROL SYSTEM

00 75 00 – PROJECT SPECIAL PROVISIONS

ARTICLE 1: GENERAL REQUIREMENTS

1.1 CONTRACT TIME

Introduction 00 01 00 - 3

1.23 DEFECTIVE MATERIALS

ARTICLE 2: SPECIAL PROVISIONS (SP)

SP-01, MOBILIZATION PER PROJECT LOCATION

SP-02, COMPREHENSIVE GRADING

SP-03, TRAFFIC CONTROL

SP-04, MODIFIED VERTICAL CURB

SP-05, WALL, PRECAST MODULAR BLOCK RETAINING

SP-06, SAFETY RAIL, METAL CLDS 50.04

SP-07, TREE PROTECTION FENCE

SP-08, CATCH BASIN INLET PROTECTION – FILTER BAG

SP-09 LABOR RATES

00 90 00 – ADDENDA

Introduction 00 01 00 - 4

LIST OF PLANS

Plans will be issued under the Contract as applicable.

Plans will be listed as a separate attachment labeled CATS Combined Bid Package Group 1-2 NCDOT- West-South

INSTRUCTIONS TO BIDDERS 00 20 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: Bus Stop and Miscellaneous Construction Services

BID NUMBER: 269-2027-2215

PRE-BID DATE: SEPTEMBER 17, 2026

PRE-BID TIME: 2:00 PM EST

PRE-BID LOCATION: MICROSOFT TEAMS -MEETING LINK

Meeting Number (access code): 261 748 553 615 27 Meeting Password: mr6vS7T8

Meeting Number +1 872-256-4172,,618339460#

The Pre-Bid meeting is not mandatory, but attendance is strongly encouraged.

BID SUBMITTAL DATE: OCTOBER 15, 2026

BID SUBMITTAL TIME: 2:00 PM EST

BID SUBMITTAL LOCATION: BONFIRE

BID OPENING DATE: OCTOBER 15, 2026

BID OPENING TIME: 3:00 PM EST

BID OPENING LOCATION: MICROSOFT TEAMS MEETING LINK

Meeting Number (access code): 262 929 534 158 204 Meeting Password: eeEu3KD68o

Call-in number +1 872-256-4172,,942934115#

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

https://teams.microsoft.com/meet/26174855361527?p=EVGzok8QksGHyYuNzU tel:+18722564172,,618339460 https://teams.microsoft.com/meet/262929534158204?p=C3sA6ReZEHgXH46xJ8 tel:+18722564172,,942934115

INSTRUCTIONS TO BIDDERS 00 20 00 - 2

DESCRIPTION OF WORK:

The Charlotte Area Transit System (CATS) is seeking a qualified Contractor to perform improvements at select bus stop locations. The work is intended to improve accessibility, safety, and functionality of existing bus stops in accordance with applicable ADA requirements and project plans.

Charlotte Area Transit System (CATS) requires construction for ADA improvements for 15 of its existing bus stops within the City of Charlotte and CATS system. The work under this contract generally includes, but is not limited to demolition of existing infrastructure, addition of concrete pads, curb and gutter, sidewalks, and miscellaneous work to improve and ensure ADA compliance at the project site identified within this contract. Work will be completed in accordance with the included Construction Plans Set and Project Special Provisions.

Bus stops included:

Bus Stop No. Stop ID Stop Name 7 34340 West Blvd & Walton Rd

14 20780 Park Rd @ 4335 32 21330 Park Rd & Park Cedar Dr 33 21335 Park Rd & Park Crossing Dr 35 46355 Park Rd & Carolina Place Pkwy 87 28760 Sharon Rd @ SouthPark Mall Entrance 88 26909 Selwyn Ave @ Queens University 89 26910 Selwyn Ave @ Queens University 16 02810 Beatties Ford Rd @ 3713 8 31080 Sugar Creek Rd & Reagan Dr

10 26090 Tyron St & Blairhill Rd 45 37465 Monroe Rd & Sardis Rd North (Avant Pharmacy) 51 60240 Old Statesville & Alexandriana Rd 53 41436 Gilead Rd @ Torrence Village 79 45921 Mallard Creek Church Rd & Bonnie Cone Ln

The term of the contract will be until the project is completed. The anticipated contract duration is ninety (90) calendar days from the Notice to Proceed.

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 $300,000.

The estimated cost of this Project is $230,000.

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)

In accordance with the Interim Final Rule, dated October 3, 2025, the City of Charlotte is currently prohibited from assigning a contract goal.

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INSTRUCTIONS TO BIDDERS 00 20 00 - 3

00 20 00 – INSTRUCTIONS TO BIDDERS

2024 NCDOT Specifications: The January 2024 North Carolina Department of Transportation (NCDOT) Standard Specifications for Roads and Structures (herein referred to as the “NCDOT Standard Specifications”) are part of the Contract Documents and incorporated herein by reference. The Contract Documents are intended to be complementary. In case of any conflict among the Contract Documents that cannot otherwise be resolved, the order of precedence shall be set forth in Article 105‐4 of the NCDOT Standard Specifications.

ARTICLE 1: DEFINITIONS

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

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

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

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

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

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

6) “City Engineer” shall mean the civil engineer employed by the City.

7) “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”

8) “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

9) “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.

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

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

12) “Date of Availability” shall mean the date of a “Task NTP”

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

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

15) “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.

16) “State” shall mean “City of Charlotte”

17) “State Contract Officer” shall mean “Contract Officer”

18) “Supplemental Agreements” shall mean “Change Orders” https://charlottenc.bonfirehub.com/

INSTRUCTIONS TO BIDDERS 00 20 00 - 4

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.

2.2 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 Electronic 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 Form, 5) Conflict of Interest, and 6) Execution of Bid Form. 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 3.4 Bid Security of this section.

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, printed on paper and read publicly at the time mentioned on the Invitation to Bid.

INSTRUCTIONS TO BIDDERS 00 20 00 - 5

3.2 The Project Manual

The Project Manual is the bidding document and shall not be altered.

3.3 Addenda

Addenda will be published at https://charlottenc.bonfirehub.com. Bidders shall be responsible for inquiring if any addendum has been issued and shall acknowledge receipt of all addenda on the Bid Form. All addenda shall become part of the Contract Documents whether or not received or acknowledged by the Bidder.

3.4 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.

3.6 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.

Proposed Subcontractors/Suppliers and Disadvantaged Business Enterprises In accordance with the Interim Final Rule, dated October 3, 2025, the City of Charlotte is currently prohibited from assigning a contract goal.

3.5. 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 (2) 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 both compliance and non‐compliance, or failure to submit any certification), may submit to the FTA Chief Counsel and CATS General Counsel within ten (10) 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 3.5 Buy America of Section 00 55 00 of this Project Manual.

3.6. Bid Security

INSTRUCTIONS TO BIDDERS 00 20 00 - 6

A five-percent (5%) bid security is required with each bid that equals or exceeds $300,000. 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.

3.7. 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). In order 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.

3.8 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.

ARTICLE 4: BID AWARDS AND REJECTIONS

4.1 Bid Opening

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

4.2 Rejection of Bids and Disqualification of Bidders

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

4.3 Award and Execution of Contract

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

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

ARTICLE 5: POST-AWARD

5.1 Bonds and Insurance

For bids equal to or greater than $300,000, 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 N.C.G.S.

§ 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 - 7

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 bid bonds to be valid, a principal and N.C. licensed surety must agree to transact by electronic means. Additionally, the City requires the bidder and surety to use digital signatures that have the following characteristics: (a) each signature is unique to the person using it; (b) the signatures are capable of certification; (c) each signature is under sole control of the person using it; and (d) each signature is linked to document in such a manner that if the text of the document is changed, the electronic signature is invalidated. The notary requirement is waived for payment and performance bonds that are signed electronically and electronically submitted.

Per N.C.G.S. § 44A-33, bonds are still required to be submitted to the City upon ten (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 Engineer and a statement of the anticipated monthly progress payments showing the percent of progress each month shall be submitted by the Contractor to the City. The 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.

5.3 Notice to Proceed

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

BID FORMS AND SUPPLEMENTS 00 40 00 - 1

00 40 00 – BID FORMS AND SUPPLEMENTS

Bidder shall download individual BID FORMS posted on the Procurement Portal at https://charlottenc.bonfirehub.com

00 55 00 – FEDERAL TRANSIT ADMINISTRATION SUPPLEMENTAL CONDITIONS

ARTICLE 1: FEDERAL CONTRACTING REQUIREMENTS

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

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.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 always comply with all provisions of Federal Law fully 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 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:

(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

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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 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 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 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 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

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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 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 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 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. It is solely the Contractor’s responsibility to determine whether the Contractor, each subcontractor, and each supplier will provide any rolling stock such that 49 U.S.C. § 5323(j)(2)(C) or 49 CFR § 661.11 apply.

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1.4 CIVIL RIGHTS LAWS AND REGULATIONS

A. The Contractor acknowledges that the City is subject to all applicable federal civil rights laws and regulations and with 49 U.S.C. § 5323(h)(3) to the extent that the statute is applicable. The Contractor acknowledges and agrees that “Federal Law” for purposes of Article 1.1 of these FTA Terms includes all applicable federal civil rights laws and regulations, as they might be amended from time to time. Some of those civil rights laws and regulations are identified and summarized below, and the Contractor acknowledges that its obligations under Article 1.1 of these FTA Terms include an obligation to fully comply with the laws and regulations identified below and to ensure that all suppliers and all subcontractors fully comply with those laws and regulations. In addition to taking all other necessary and appropriate steps to satisfy its obligations under this Article 1.4, 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 this Article 1.4 and with all applicable federal civil rights laws and regulations. Applicable federal civil rights laws and regulations include, for example:

i. Nondiscrimination. 49 U.S.C. § 5332 and its implementing regulations, which prohibit discriminating against any employee or any applicant for employment because of race, color, religion, national origin, sex, disability, or age.

ii. Race, Color, Religion, National Origin, Sex. Federal laws and regulations requiring that all job applicants must be employed, and all employees must be treated during employment, without regard to their race, color, religion, national origin, or sex (including sexual orientation and gender identity). For example, a person’s race, color, religion, national origin, or sex cannot be considered for purposes of hiring; promotion; demotion or transfer; recruitment or recruitment advertising; layoff or termination; determining rates of pay or other forms of compensation; or selection for training, including apprenticeship. The laws and regulations imposing these requirements include for example Title VII of the Civil Rights Act (42 U.S.C. § 2000e et seq.); 49 U.S.C. § 5332 and its implementing regulations; United States Department of Labor regulations (“Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor”) found in 41 CFR chapter 60; and Executive Order No. 11246 (“Equal Employment Opportunity in Federal Employment”) dated September 24, 1965 and found at 42 U.S.C. § 2000e note.

iii. Age. Federal laws and regulations prohibit discriminating against current or prospective employees based on age. These laws and regulations include for example the Age Discrimination in Employment Act (29 U.S.C. §§ 621-634); United States Equal Employment Opportunity Commission (U.S. EEOC) regulations (“Age Discrimination in Employment Act”) found in 29 CFR part 1625; the Age Discrimination Act of 1975 (42 U.S.C. § 6101 et seq.); United States Department of Health and Human Services regulations (“Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance”) found in 45 CFR part 90; and 49 U.S.C. § 5332 and the regulations implementing that statute.

iv. Disabilities. Federal laws and regulations prohibit discriminating against individuals based on disability. These laws and regulations include for example Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794); the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.); the Architectural Barriers Act of 1968 (42 U.S.C. § 4151 et seq.,); and 49 U.S.C. § 5332 and the regulations implementing that statute.

v. Access to Services for Persons with Limited English Proficiency. The Contractor shall facilitate compliance with, and shall ensure that all suppliers and all subcontractors facilitate compliance with: (1) Executive Order No. 13166 (“Improving Access to Services for Persons with Limited English Proficiency”), found at 42 U.S.C. § 2000d-1 note and (2) applicable provisions of the United States Department of Transportation Notice (“DOT Policy Guidance Concerning Recipients’ Responsibilities to Limited English Proficiency (LEP) Persons”) found at 70 Fed. Reg.

74087 and dated December 14, 2005.

vi. Environmental Justice. The Contractor shall facilitate compliance with, and shall ensure that all suppliers and all subcontractors facilitate compliance with: (1) Executive Order No. 12898

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(“Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations”) found at 42 U.S.C. § 4321 note and (2) United States Department of Transportation Order 5620.3 (“Department of Transportation Actions To Address Environmental Justice in Minority Populations and Low-Income Populations”) found at 62 Fed. Reg. 18377 et seq. and dated April 15, 1997.

1.5 EMPLOYEE PROTECTIONS

The Contractor shall comply with the Labor Standards Provisions, including the minimum wage rates that are included in the Contract Documents and by this reference are made a part thereof.

A. Minimum Wages

(i) All laborers and mechanics employed or working upon the site of the Work (or under the U.S. Housing

Act of 1937 or under the Housing Act of 1949 in the construction or development of the Project), shall be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by the regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers and mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work performed, without regard to skill, except as provided in 29 CFR § 5.5(a)(4).