Hogan Street Multi-Use Trail.pdf

CITY OF FAYETTEVILLE

INVITATION TO BID

Hogan Street Multi-Use Trail

COF1517017

ISSUED: July 20, 2026

DUE: August 20, 2026

The City of Fayetteville is soliciting bids for the construction of the Hogan Street Multi-Use Trail

Funding Source: Public Infrastructure General Obligation Bond

ISSUED BY:

CITY OF FAYETTEVILLE

PRIMARY CONTACT:

KIM TOON, PROCUREMENT MANAGER

kimberlytoon@fayettevillenc.gov

(910) 433-1942

OFFERORS ARE NOT REQUIRED TO RETURN THIS FORM.

A message from the City of Fayetteville City Manager, Dr. Douglas J. Hewett, ICMA-CM

The City of Fayetteville is fully committed to providing Small Local Business Enterprises

(SLBEs) and small businesses an equal opportunity to participate in all aspects of City contracting, including but not limited to participation in the procurement of contracts relating to construction, professional services, equipment, supplies, and improvements to facilities throughout the City.

It is the policy of the City to prohibit discrimination against any person or business in pursuit of these opportunities on the basis of race, sex, color, religion, national origin, age, or disability, and to conduct its contracting and purchasing programs so as to prevent such discrimination. The

City is committed to following all applicable federal, state, and local laws as they relate to procurement practices.

Small Business Participation Commitment

The City will actively seek and identify qualified small businesses, including SLBEs, and offer them the opportunity to participate in the procurement of contracts for all City purchasing and service contracts as well as construction and repair contracts. The City aspires to spend 40% of its eligible contract dollars with small local suppliers and contractors.

Small Business Enterprise Program

The City's Charter has been amended by the General Assembly (H.B. 198) to establish a small business enterprise program to promote the development of small local businesses. The City is authorized to establish bid and proposal specifications that include measures to enhance participation by small business enterprises located in Cumberland and Hoke Counties, including:

• Arranging solicitations, specifications, and contract requirements to facilitate small business participation

• Providing technical assistance and capacity building programs

• Carrying out information and communication programs on contracting procedures and opportunities

• Implementing outreach programs to identify and engage qualified small businesses

• Offering supportive services to help small businesses compete effectively

• Ensuring prompt payment to subcontractors

• Simplifying bonding and insurance requirements where appropriate

Federal and State-Funded Projects - Important Notice

In accordance with state directive following the U.S. Department of Transportation's October 3, 2025 Interim Final Rule to 49 CFR Part 26:

byronreeves Rectangle

Table of Contents 00 01 10 - 1

Hogan Street Multi-Use Trail July 2026

00 01 10 TABLE OF CONTENTS

Section Title

Division 00 Procurement and Contracting Requirements

00 01 01 Project Cover Sheet

00 01 02 Message from the City Manager

00 01 07 Engineer Seals

00 01 10 Table of Contents

00 01 15 List of Drawings

00 01 16 Advertisement for Bids for Construction Contract

00 01 17 Instructions to Bidders

00 41 00 Small Disadvantaged Business Enterprise Program and Affidavits

00 41 12 Bidder’s Checklist

00 41 14 Bid Form for Construction Contract

00 41 16 Bid Form Exhibit A

00 41 19 Bid Bond Penal Sum

00 45 01 Nonresident Bidders

00 45 02 Non-Collusion Certification

00 45 03 E-Verify Affidavit

00 45 04 North Carolina State Sales Tax Requirements

00 45 04 -1 North Carolina Reimbursable Sales and Use Tax Statement Forms

00 45 04 -2 North Carolina Reimbursable Sales and Use Tax Statement Forms

00 45 06 Debarment, Suspension, and Other Responsibility Matters

00 45 13 Qualifications Statement

00 45 15 Bid Provisions

00 52 13 C-520 Agreement between Owner and Contractor for Stipulated Price

00 61 13 Performance Bond

00 61 16 Payment Bond

00 72 00 C-700 General Conditions

00 73 00 C-800 Supplementary Conditions

00 73 01 Dispute Resolution Process - Rules Implementing Mediated Settlement Conferences

00 73 16 Insurance Requirements

00 73 30 Form Templates

Fly Sheet End of Section

Division 01 General Requirements

01 11 00 Summary of Work

01 26 00 Change Management

01 29 00 Application for Payment Procedures

01 29 01 Measurement and Basis for Payment

01 31 00 Project Management and Coordination

01 31 13 Project Coordination

01 33 00 Document Management

Table of Contents 00 01 10 - 2

Section Title

01 33 03 Product Data

01 33 05 Construction Progress Schedule

01 50 00 Temporary Facilities and Controls

01 57 00 Temporary Controls

01 57 23 NC Erosion and Sedimentation Control

01 70 00 Execution and Closeout Requirements

01 74 23 Final Cleaning

Fly Sheet End of Section

Appendix A Plans

Appendix B City of Fayetteville Technical Specifications

Appendix C City of Fayetteville Form Templates

END OF SECTION

List of Drawings 00 01 15 - 1

00 01 15 LIST OF DRAWINGS

Sheet No. Sheet Title

1 Cover Sheet

2 Legend

3 General Notes

4 Existing Conditions

5 Plan & Profile (“BL” STA; 10+00 – 15+80)

6 Plan & Profile (“BL” STA; 15+80 – 21+62)

7 Typical Sections

8 -11 Details Grading

12 -13 Details

14-19 Cross Sections

END OF SECTION

List of Drawings 00 01 15 - 2

THIS PAGE INTENTIONALLY LEFT BLANK

Advertisement for Bids 00 01 16 - 1

ADVERTISEMENT FOR BIDS

City of Fayetteville

Hogan Street Multi-Use Trail

General Notice

City of Fayetteville (Owner) is requesting Bids for the construction of the following Project:

Hogan Street Multi-Use Trail

Bids for the construction of the Project will be received at City of Fayetteville City Hall, Attn:

Kimberly Toon located at City of Fayetteville City Hall, 433 Hay Street, Fayetteville, NC, 28301, until August 20, 2026, at 2:00 p.m. local time. At that time the Bids received will be publicly opened and read.

The Project includes the following Work:

Installation of approximately 1,030 Linear Feet of 8’-10’ wide multi-use trail and curb & gutter along the south side of Hogan Street between Madonna Drive and Murchison Road

The Project has an expected duration of 180 days.

Obtaining the Bidding Documents

Information and Bidding Documents for the Project can be found at the following designated website:

https://www.fayettevillenc.gov/City-Departments/Finance/Purchasing/Bid-Opportunities

Bidding Documents may be downloaded from the designated website. Prospective Bidders are urged to register with the designated website as a plan holder, even if Bidding Documents are obtained from a plan room or source other than the designated website in either electronic or paper format. The designated website will be updated periodically with addenda, lists of registered plan holders, reports, and other information relevant to submitting a Bid for the

Project. All official notifications, addenda, and other Bidding Documents will be offered only through the designated website. Neither Owner nor Engineer will be responsible for Bidding

Documents, including addenda, if any, obtained from sources other than the designated website.

Pre-bid Conference

A pre-bid conference for the Project will be held on July 30, 2026 at 10:00 a.m. at 339 Alexander

Street, Fayetteville, NC, 28301. Attendance at the pre-bid conference is encouraged but not required.

Questions:

All questions regarding this solicitation must be submitted in writing no later than August 4, 2026, by 5:00 p.m. (ET). Questions shall be emailed to COFBiddingQuestions@FayettevilleNC.gov.

Advertisement for Bids 00 01 16 - 2

Instructions to Bidders.

For all further requirements regarding bid submittal, qualifications, procedures, and contract award, refer to the Instructions to Bidders that are included in the Bidding Documents.

This Advertisement is issued by:

Owner:

By:

Title:

Date:

City of Fayetteville

Kimberly Toon

Purchasing Manager

July 20, 2026

TIMELINE:

ITB DATE

Advertisement Date July 20, 2026

Non-Mandatory Pre-Bid July 30, 2026

Deadline for Questions August 4, 2026, by 5:00 p.m.

Submission Deadline August 20, 2026, at 2:00 p.m.

INSTRUCTIONS TO BIDDERS FOR CONSTRUCTION CONTRACT

TABLE OF CONTENTS

Page

Article 1— Defined Terms

Article 2— Bidding Documents

Article 3— Qualifications of Bidders

Article 4— Pre-Bid Conference

Article 5— Site and Other Areas; Existing Site Conditions; Examination of Site; Other Work at the Site

Article 6— Bidder’s Representations and Certifications

Article 7— Interpretations and Addenda

Article 8— Bid Security

Article 9— Contract Times

Article 10— Substitute and “Or Equal” Items

Article 11— Subcontractors, Suppliers, and Others

Article 12— Preparation of Bid

Article 13— Basis of Bid

Article 14— Submittal of Bid

Article 15— Modification and Withdrawal of Bid

Article 16— Opening of Bids

Article 17— Bids to Remain Subject to Acceptance

Article 18— Evaluation of Bids and Award of Contract

Article 19— Bonds and Insurance

Article 20— Signing of Agreement

Article 21— Sales and Use Taxes

Article 22— Contracts to Be Assigned

Instruction to Bidders 00 01 17 - 1

ARTICLE 1—DEFINED TERMS

1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below:

A. Issuing Office—The office from which the Bidding Documents are to be issued.

ARTICLE 2—BIDDING DOCUMENTS

2.01 Bidder shall obtain a complete set of Bidding Requirements and proposed Contract Documents (together, the Bidding Documents). See the Agreement for a list of the Contract Documents. It is Bidder’s responsibility to determine that it is using a complete set of documents in the preparation of a Bid. Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete documents, by Bidder itself or by its prospective Subcontractors and Suppliers.

2.02 Bidding Documents are made available for the sole purpose of obtaining Bids for completion of the Project and permission to download or distribution of the Bidding Documents does not confer a license or grant permission or authorization for any other use. Authorization to download documents, or other distribution, includes the right for plan holders to print documents solely for their use, and the use of their prospective Subcontractors and Suppliers, provided the plan holder pays all costs associated with printing or reproduction. Printed documents may not be re-sold under any circumstances.

2.03 Owner has established a Bidding Documents Website as indicated in the Advertisement or invitation to bid. Owner recommends that Bidder register as a plan holder with the Issuing Office at such website, and obtain a complete set of the Bidding Documents from such website. Bidders may rely that sets of Bidding Documents obtained from the Bidding Documents Website are complete, unless an omission is blatant. Registered plan holders will receive Addenda issued by Owner.

2.04 Electronic Documents

A. When the Bidding Requirements indicate that electronic (digital) copies of the Bidding Documents are available, such documents will be made available to the Bidders as Electronic Documents in the manner specified.

1. Bidding Documents will be provided in Adobe PDF (Portable Document Format) (.pdf) that is readable by Adobe Acrobat Reader Version 2022.001.20117 or later. It is the intent of the Engineer and Owner that such Electronic Documents are to be exactly representative of the paper copies of the documents. However, because the Owner and Engineer cannot totally control the transmission and receipt of Electronic Documents nor the Contractor’s means of reproduction of such documents, the Owner and Engineer cannot and do not guarantee that Electronic Documents and reproductions prepared from those versions are identical in every manner to the paper copies.

B. Unless otherwise stated in the Bidding Documents, the Bidder may use and rely upon complete sets of Electronic Documents of the Bidding Documents, described in Paragraph 2.06.A above. However, Bidder assumes all risks associated with differences arising from transmission/receipt of Electronic Documents versions of Bidding Documents and reproductions prepared from those versions and, further, assumes all risks, costs, and responsibility associated with use of the Electronic Documents versions to derive information

Instruction to Bidders 00 01 17 - 2 that is not explicitly contained in printed paper versions of the documents, and for Bidder’s reliance upon such derived information.

ARTICLE 3—QUALIFICATIONS OF BIDDERS

3.01 Bidder is to submit the following information with its Bid to demonstrate Bidder’s qualifications to perform the Work:

A. Written evidence establishing its qualifications such as financial data, previous experience, and present commitments. Use 00 45 13 “Qualifications Statement.”

B. A written statement that Bidder is authorized to do business in the state where the Project is located, or a written certification that Bidder will obtain such authority prior to the Effective Date of the Contract.

C. Bidder’s state or other contractor license number, if applicable.

D. Other required information regarding qualifications.

3.02 A Bidder’s failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of the Contract.

3.03 No requirement in this Article 3 to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder’s qualifications.

ARTICLE 4—PRE-BID CONFERENCE

4.01 A non-mandatory pre-bid conference will be held at the time and location indicated in the Advertisement or invitation to bid. Representatives of Owner and Engineer will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference; however, attendance at this conference is not required to submit a Bid.

4.02 Information presented at the pre-Bid conference does not alter the Contract Documents. Owner will issue Addenda to make any changes to the Contract Documents that result from discussions at the pre-Bid conference. Information presented, and statements made at the pre-bid conference will not be binding or legally effective unless incorporated in an Addendum.

ARTICLE 5—SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE; OWNER’S

SAFETY PROGRAM; OTHER WORK AT THE SITE

5.01 Site and Other Areas

A. The Site is identified in the Bidding Documents. By definition, the Site includes rights-of-way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor.

5.02 Existing Site Conditions

A. Subsurface and Physical Conditions; Hazardous Environmental Conditions

1. The Supplementary Conditions identify the following regarding existing conditions at or adjacent to the Site:

Instruction to Bidders 00 01 17 - 3

a. Those reports of explorations and tests of subsurface conditions at or adjacent to the Site that contain Technical Data.

b. Those drawings known to Owner of existing physical conditions at or adjacent to the Site, including those drawings depicting existing surface or subsurface structures at or adjacent to the Site (except Underground Facilities), that contain Technical Data.

c. Reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site.

d. Technical Data contained in such reports and drawings.

2. Owner will make copies of reports and drawings referenced above available to any Bidder on request. These reports and drawings are not part of the Contract Documents, but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Conditions, has been identified and established in the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

3. If the Supplementary Conditions do not identify Technical Data, the default definition of Technical Data set forth in Article 1 of the General Conditions will apply.

B. Underground Facilities: Underground Facilities are shown or indicated on the Drawings, pursuant to Paragraph 5.05 of the General Conditions, and not in the drawings referred to in Paragraph 5.02.A of these Instructions to Bidders. Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data.

1. See also Section 01 11 00 “Summary of Work” Part 1.05 “Consideration and Cooperation with Utilities” for further requirements.

2. See also Section 01 31 00 “Project Management and Coordination” Part 1.08 “Protection of Existing Structures and Utilities” for further requirements.

5.03 Site Visit and Testing by Bidders

A. Bidders visiting the Site are required to arrange their own transportation to the Site.

B. If the Site, in part or in whole, consists of private property and/or a secured area, then a site tour may be arranged though the City of Fayetteville, at its convenience. Site visit must be coordinated through the following Owner or Engineer contact for visiting the Site: Jeffrey Riddle Jeffreyriddle@fayettevillenc.gov

C. Bidder is not required to conduct any subsurface testing, or exhaustive investigations of Site conditions.

D. On request, and to the extent Owner has control over the Site, and schedule permitting, the Owner will provide Bidder general access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on Owner’s authority regarding the Site. Owner will not be responsible for the cost for examinations, investigations, explorations, tests, and studies Bidder deems mailto:Jeffreyriddle@fayettevillenc.gov

Instruction to Bidders 00 01 17 - 4 necessary for preparing and submitting a successful Bid. Bidder is responsible for establishing access needed to reach specific selected test sites. Bidder should adhere to the following procedures:

1. Backfill excavation with material acceptable to the Owner and process backfill to prevent future settling. Bidder must fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies.

2. Pay all cost for soils investigation including the cost for excavation, backfill, access, and testing.

3. Coordinate, implement, and pay for all traffic control and safety measures necessary to facilitate the testing.

4. Submit a Work Plan and Traffic Control Plan prior to beginning any investigations to the individual and/or department noted above. See Section 01 31 00 “Project Management and Coordination” for plan descriptions and required submittals regarding the Work and Traffic Control Plan.

E. Bidder must comply with all applicable Laws and Regulations regarding excavation and location of utilities, obtain all permits, and comply with all terms and conditions established by Owner or by property owners or other entities controlling the Site with respect to schedule, access, existing operations, security, liability insurance, and applicable safety programs.

5.04 Other Work at the Site

A. Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) and relates to the Work contemplated by these Bidding Documents. If Owner is party to a written contract for such other work, then on request, Owner will provide to each Bidder access to examine such contracts (other than portions thereof related to price and other confidential matters), if any.

ARTICLE 6—BIDDER’S REPRESENTATIONS AND CERTIFICATIONS

6.01 Express Representations and Certifications in Bid Form, Agreement

A. The Bid Form that each Bidder will submit contains express representations regarding the Bidder’s examination of Project documentation, Site visit, and preparation of the Bid, and certifications regarding lack of collusion or fraud in connection with the Bid. Bidder should review these representations and certifications, and assure that Bidder can make the representations and certifications in good faith, before executing and submitting its Bid.

B. If Bidder is awarded the Contract, Bidder (as Contractor) will make similar express representations and certifications when it executes the Agreement.

Instruction to Bidders 00 01 17 - 5

ARTICLE 7—INTERPRETATIONS AND ADDENDA

7.01 Owner on its own initiative may issue Addenda to clarify, correct, supplement, or change the Bidding Documents. Addenda will be issued no later than twenty-four (24) hours prior to the Bid Opening.

7.02 Bidder shall submit all questions about the meaning or intent of the Bidding Documents to Owner in writing. Contact information and submittal procedures for such questions are as follows:

A. Procurement Website as indicated in 00 01 16 “Advertisement for Bids for Construction Contract”

7.03 Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered to all registered plan holders. Questions received less than forty-eight (48) hours prior to the date for opening of Bids may not be answered.

7.04 Only responses set forth in an Addendum will be binding. Oral and other interpretations or clarifications will be without legal effect. Responses to questions are not part of the Contract Documents unless set forth in an Addendum that expressly modifies or supplements the Contract Documents.

ARTICLE 8—BID SECURITY

8.01 A Bid must be accompanied by Bid Security made payable to City of Fayetteville in the amount of five (5) percent of the Bidder’s maximum Bid price (determined by adding the base bid and all alternates).

8.02 Bidders must submit an acceptable bid bond, cashier’s check, or certified check as Bid Security with their Bid pursuant to North Carolina General Statute § 143-129. The acceptable bid bond must be issued by a surety legally authorized to do business in North Carolina and meet the requirements of the General Conditions. Cashier’s or certified checks must be drawn on a bank or trust insured by the Federal Deposit Insurance Corporation and made payable to the City of Fayetteville. Checks shall be effective on the day Bids are opened and valid for a period of at least ninety (90) days from the date the check is issued.

8.03 The bid bond may be submitted as “C-430 2018 Bid Bond Penal Sum Form” or Bidders may provide their surety’s standard penal sum bid bond form. The bid bond must reference the Owner and Project by name as identified in this Section.

8.04 Bidders must submit an acceptable Bid Security with their Bids as a guarantee that the Successful Bidder will enter into a contract for the Project with the Owner within 90 days from the date of the opening of the Bids. The Successful Bidder must execute the Contract Documents, including

Instruction to Bidders 00 01 17 - 6 performance and payment bonds, and provide evidence of insurance as required by the Contract Documents.

8.05 Owner may annul the Notice of Award and retain the Bid Security of the apparent Successful Bidder upon Bidder’s failure to execute and deliver the Agreement or Amendments to the Agreement.

8.06 Bid Securities are to remain in effect until the Contract is executed. Bid bonds will become void and checks will be returned by the Owner when the Contract is awarded, or all Bids are rejected.

ARTICLE 9—CONTRACT TIMES

9.01 The number of days within which, or the dates by which, the Work is to be (a) substantially completed and (b) ready for final payment, and (c) Milestones (if any) are to be achieved, are set forth in the Agreement.

9.02 Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial Completion, or completion of the Work in readiness for final payment, are set forth in the Agreement.

ARTICLE 10—SUBSTITUTE AND “OR EQUAL” ITEMS

10.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents, and those “or-equal” or substitute or materials and equipment subsequently approved by Engineer prior to the submittal of Bids and identified by Addendum. No item of material or equipment will be considered by Engineer as an “or-equal” or substitute unless written request for approval has been submitted by Bidder and has been received by Engineer within 10 days of the issuance of the Advertisement for Bids or invitation to Bidders. Each such request must comply with the requirements of Paragraphs 7.05 and 7.06 of the General Conditions, and the review of the request will be governed by the principles in those paragraphs. The burden of proof of the merit of the proposed item is upon Bidder. Engineer’s decision of approval or disapproval of a proposed item will be final. If Engineer approves any such proposed item, such approval will be set forth in an Addendum issued to all registered Bidders.

Bidders cannot rely upon approvals made in any other manner.

10.02 All prices that Bidder sets forth in its Bid will be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals of “or-equal” or substitution requests are made at Bidder’s sole risk.

ARTICLE 11—SUBCONTRACTORS

11.01 The Contractor shall submit to the Engineer and the City a list giving the names and addresses of subcontractors, equipment suppliers, and material suppliers they propose to use, together with the scope of their respective parts of the work. Contractors will be permitted to sublet a portion thereof, but shall perform with their own organization, work amounting to not less than 40% of the total original contract amount, except:

11.02 Any items designated in the contract as specialty items may be performed by a qualified subcontractor and the cost of such special items so performed by subcontract will be deducted

Instruction to Bidders 00 01 17 - 7 from the total amount bid before computing the amount of work required to be performed by the Contractor and their own organization, and

11.03 Any other items sublet to Small Disadvantaged Business Enterprises, pursuant to Section 00 41 00 “Small Disadvantaged Business Enterprise Program,” up to the value of the contract SDBE goal, will be deducted from the total amount bid before computing the amount of work required to be performed by the Contractor and their own organization.

11.04 In any event, the Contractor shall perform with their own organization work amounting to not less than 35% of the difference between the total amount bid and the value of specialty items that have been sublet.

11.05 Purchasing materials for subcontractors is not included in the percentage of work required to be performed by the Contractor. IF the Contractor sublets items of work but elects to purchase material for the subcontractor, the value of the material purchased will be included in the total dollar amount considered to have been sublet.

ARTICLE 12—PREPARATION OF BID

12.01 The Bid Form is included with the Bidding Documents.

A. All blanks on the Bid Form must be completed in ink and the Bid Form signed in ink. Erasures or alterations must be initialed in ink by the person signing the Bid Form. A Bid price must be indicated for each section, Bid item, alternate, adjustment unit price item, and unit price item listed therein.

B. If the Bid Form expressly indicates that submitting pricing on a specific alternate item is optional, and Bidder elects to not furnish pricing for such optional alternate item, then Bidder may enter the words “No Bid” or “Not Applicable.”

12.02 If Bidder has obtained the Bidding Documents as Electronic Documents, then Bidder shall prepare its Bid on a paper copy of the Bid Form printed from the Electronic Documents version of the Bidding Documents. The printed copy of the Bid Form must be clearly legible, printed on 8½ inch by 11-inch paper and as closely identical in appearance to the Electronic Document version of the Bid Form as may be practical. The Owner reserves the right to accept Bid Forms which nominally vary in appearance from the original paper version of the Bid Form, providing that all required information and submittals are included with the Bid.

12.03 A Bid by a corporation must be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation must be shown.

12.04 A Bid by a partnership must be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership must be shown.

12.05 A Bid by a limited liability company must be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be shown.

12.06 A Bid by an individual must show the Bidder’s name and official address.

Instruction to Bidders 00 01 17 - 8

12.07 A Bid by a joint venture must be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The joint venture must have been formally established prior to submittal of a Bid, and the official address of the joint venture must be shown.

12.08 All names must be printed in ink below the signatures.

12.09 The Bid must contain an acknowledgment of receipt of all Addenda, the numbers of which must be filled in on the Bid Form.

12.10 Postal and e-mail addresses and telephone number for communications regarding the Bid must be shown.

12.11 The Bid must contain evidence of Bidder’s authority to do business in the state where the Project is located, or Bidder must certify in writing that it will obtain such authority within the time for acceptance of Bids and attach such certification to the Bid.

12.12 If Bidder is required to be licensed to submit a Bid or perform the Work in the state where the Project is located, the Bid must contain evidence of Bidder’s licensure, or Bidder must certify in writing that it will obtain such licensure within the time for acceptance of Bids and attach such certification to the Bid. Bidder’s state contractor license number, if any, must also be shown on the Bid Form.

ARTICLE 13—BASIS OF BID

13.01 Unit Price

A. Bidders must submit a Bid on a unit price basis for each item of Work listed in the unit price section of the Bid Form.

B. The “Bid Price” (sometimes referred to as the extended price) for each unit price Bid item will be the product of the “Estimated Quantity”, which Owner or its representative has set forth in the Bid Form, for the item and the corresponding “Bid Unit Price” offered by the Bidder. The total of all unit price Bid items will be the sum of these “Bid Prices”; such total will be used by Owner for Bid comparison purposes. The final quantities and Contract Price will be determined in accordance with Paragraph 13.03 of the General Conditions.

C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

ARTICLE 14—SUBMITTAL OF BID

14.01 The Bidding Documents include one separate unbound copy of the Bid Form, and, if required, the Bid Bond Form. The unbound copy of the Bid Form is to be completed and submitted with the Bid security and the other documents required to be submitted under the terms of Article 2 of the Bid Form.

14.02 Submit the Bid no later than the date and time prescribed and at the place indicated in “00 01 16 Advertisement for Bids for Construction Contracts.” Enclose the Bid in an opaque sealed envelope plainly marked with the Project number, Project title, bidder’s name, address, and contractor’s license number. Address the envelope to the name and address of the Offeror, along with the Bid Security and other required documents. If sent by mail or other delivery service, enclose the sealed envelope containing the Bid in a separate envelope plainly marked on the outside with the

Instruction to Bidders 00 01 17 - 9 notation “BID ENCLOSED.” Address the outer envelope to the mailing or physical address shown in “00 01 16 Advertisement for Bids for Construction Contracts.” Offeror assumes full responsibility for ensuring that the Bid arrives at the prescribed location before the prescribed time.

14.03 Bids received after the date and time prescribed for the opening of bids, or not submitted at the correct location or in the designated manner, will not be accepted and will be returned to the Bidder unopened.

14.04 Provide the documentation required by Section 00 41 00 “Small Disadvantaged Business Enterprise Program” to demonstrate compliance with or to demonstrate a good faith effort in attempting to meet the goals for this Project.

ARTICLE 15—MODIFICATION AND WITHDRAWAL OF BID

15.01 An unopened Bid may be withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. Upon receipt of such notice, the unopened Bid will be returned to the Bidder.

15.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 15.01 and submit a new Bid prior to the date and time for the opening of Bids.

15.03 Bids may be withdrawn prior to the award of the Contract if the Offeror files a signed written notice with the Owner within 72 hours after Bids are opened. Any request made by an Offeror to withdraw its Bid for this Project will be subject to the requirements of NCGS §143-129.1.

ARTICLE 16—OPENING OF BIDS

16.01 Bids will be opened at the time and place indicated in “00 01 16 Advertisement for Bids for Construction Contracts.” if the requisite number of bids have been submitted. The Owner will publicly acknowledge receipt of Bids received in time to be considered and then open and read aloud the names of the Offerors and the amount bid as required by applicable Laws and Regulations. Upon opening, all bids shall become property of the City of Fayetteville and will not be returned to the Offeror.

ARTICLE 17—CONFIDENTIALITY OF BID INFORMATION

17.01 Bids will be opened in a manner that avoids disclosure of trade secrets and confidential information to competing Offerors and that will keep the Bids from the public until a contract is awarded. All Bids submitted to the Owner will be open for public inspection after the Contract is awarded. Information that has designated as confidential or as a trade secret at the time Bids are submitted may not be subject to disclosure to the public under Chapter 132 of the North Carolina General Statutes.

17.02 Clearly indicate which specific documents are considered to be trade secrets or confidential information by stamping or watermarking all such documents with the word “confidential” prominently on each page or sheet as well as on the cover of bound documents. Place “confidential” stamps or watermarks so that they do not obscure any of the required information

Instruction to Bidders 00 01 17 - 10 on the document, either in the original or in a way that would obscure any of the required information in a photocopy of the document.

17.03 Submit all confidential information in a different binder so this confidential material is separate from the rest of the Bid.

17.04 The Owner will protect this information to the extent allowed by state Laws and Regulations.

However, if the Owner is requested or becomes legally compelled (by oral questions, interrogatories, requests for information or documents, subpoena, civil or criminal investigative demand, public information requests, including requests under Chapter 132 of the North Carolina General Statutes, or similar process) or is required by a regulatory body to make any disclosure that is prohibited or otherwise constrained by this Agreement, the Owner will provide Offeror with prompt notice of this request so that it may seek an appropriate protective order or other appropriate remedy.

ARTICLE 18—BIDS TO REMAIN SUBJECT TO ACCEPTANCE

18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.

ARTICLE 19—EVALUATION OF BIDS AND AWARD OF CONTRACT

19.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner also reserves the right to waive all minor Bid informalities not involving price, time, or changes in the Work. Any bid including any unit or lump sum bid price that is unbalanced to the potential detriment of the City will be considered irregular and may be rejected.

19.02 Owner may conduct such investigations as it deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, any proposed Subcontractors or Suppliers, consultants, individuals, or entities proposed to furnish parts of the Work in accordance with the Contract Documents.

19.03 Qualifications Statement: Submit information as required in C-451 2018 “Qualifications Statement” within fifteen (15) days of the date Bids are due if requested to do so by the Owner.

19.04 Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible or in its best interest

19.05 If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of

Instruction to Bidders 00 01 17 - 11 the Bid, whether in the Bid itself or in a separate communication to Owner or Engineer, then Owner will reject the Bid as nonresponsive.

19.06 If Owner awards the contract for the Work, such award will be to the responsible Bidder submitting the lowest responsive Bid.

19.07 Each Bidder agrees to waive any claim it has or may have against the members of the Owner, Engineer, and their respective employees, arising out of or in connection with the administration, evaluation, or recommendation of any Bid.

19.08 Notwithstanding any other provision of the Contract Documents, it is stipulated and agreed that by accepting a Bid, the Owner has not and does not waive its sovereign immunity from suit and/or liability.

19.09 Evaluation of Bids

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

B. In the comparison of Bids, alternates will be applied in the same order of priority as listed in the Bid Form. To determine the Bid prices for purposes of comparison, Owner will announce to all bidders a “Base Bid plus alternates” budget after receiving all Bids, but prior to opening them. For comparison purposes alternates will be accepted, following the order of priority established in the Bid Form, until doing so would cause the budget to be exceeded. After determination of the Successful Bidder based on this comparative process and on the responsiveness, responsibility, and other factors set forth in these Instructions, the award may be made to said Successful Bidder on its base Bid and any combination of its additive alternate Bids for which Owner determines funds will be available at the time of award.

C. For the determination of the apparent low Bidder when unit price bids are submitted, Bids will be compared on the basis of the total of the products of the estimated quantity of each item and unit price Bid for that item, together with any lump sum items.

19.10 In evaluating whether a Bidder is responsible, Owner will consider the qualifications of the Bidder, past performance on past/current Owner projects, and may consider the qualifications and experience of Subcontractors and Suppliers proposed for those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Bidding Documents.

ARTICLE 20—BONDS AND INSURANCE

20.01 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance and payment bonds, other required bonds (if any), and insurance. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by required bonds and insurance documentation.

20.02 Provide performance and payment bonds for this Project that fully comply with the provisions of Chapter 44A of the North Carolina General Statutes. Administration of these bonds will conform

Instruction to Bidders 00 01 17 - 12 to Chapter 44A of the North Carolina General Statutes and the provisions of the Contract Documents.

20.03 Article 8, Bid Security, of these Instructions, addresses any requirements for providing bid bonds as part of the bidding process.

ARTICLE 21—SIGNING OF AGREEMENT

21.01 When Owner issues a Notice of Award to the Successful Bidder, it will be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within 15 days thereafter, Successful Bidder must execute and deliver the required number of counterparts of the Agreement and any bonds and insurance documentation required to be delivered by the Contract Documents to Owner. Within fifteen (15) days of receiving the signed documents from the Successful Bidder, or within a longer time-frame specified by the Owner via written notice to the Successful Bidder, the Owner will deliver one set of fully signed counterparts to the Successful Offeror together with printed and electronic copies of the Contract Documents as stated in Paragraph 2.02 of the General Conditions.

ARTICLE 22—SALES AND USE TAXES

22.01 Bidders will be required to comply with applicable North Carolina state Laws and Regulations related to the payment of sales and use taxes for this Project. Additional requirements for the reporting of state sales tax expenditures and reimbursable sales taxes are included in Section 00 45 04 “North Carolina State Sales Tax Requirements.”

22.02 Said taxes must not be included in the Bid. Refer to Paragraph SC-7.10 of the Supplementary Conditions for additional information.

ARTICLE 23—DIVERSE BUSINESS PARTICIPATION PROGRAM

23.01 Offerors will be required to comply with any applicable diverse business participation goals required by Chapter 143 of the North Carolina General Statutes.

23.02 Offerors will also be required to comply with the Owner’s diverse business participation program as specified in Section 00 41 00 “Small Disadvantaged Business Enterprise Program.”

SMALL DISADVANTAGED BUSINESS

ENTERPRISE PROGRAM

FOR

CONSTRUCTION, PROCUREMENT, AND

PROFESSIONAL SERVICES

FAYETTEVILLE CITY COUNCIL

433 HAY STREET

FAYETTEVILLE, NORTH CAROLINA 28301

SMALL DISADVANTAGED BUSINESS ENTERPRISE PROGRAM

TABLE OF CONTENTS

Page

I. Applicability

II. Definitions

III. SDBE Program Administration

IV. Race- and Gender-Neutral Measures to Ensure Equal Opportunities For All Bidders/Participants

V. SDBE Program Eligibility

VI. SDBE Goal Setting

VII. Counting Participation of SDBEs

VIII. Procurement of Architectural, Engineering and Surveying Services

IX. Informal Construction and Repair Work

X. Formal Construction and Repair Work

XI. Contract Performance Compliance Procedures

XII. Protest Procedure

XIII. Dispute Resolution

XIV. Penalties

XV. Program Review

SMALL DISADVANTAGED BUSINESS ENTERPRISE PROGRAM

I. Applicability.

(a) This program shall apply to all construction and repair work involving the expenditure of City funds, regardless of the sources of other funds, in the amounts set forth in G.S. 143-129 and G.S. 143-131; this program shall also apply to the procurement of architectural, engineering and surveying services as outlined in G.S. 143-64.31. This program shall not apply to contracts established by the State or any agency of the State.

(b) If any section, subsection, clause or provision of this chapter, including those groups found to be presumptively socially disadvantaged, is held to be invalid by a court of competent jurisdiction, the remainder of the chapter shall not be affected by such invalidity.

II. Definitions.

As used in this part, the following terms shall have the following meanings:

Affiliation - One firm controls or has the power to control the other, or a third party or parties controls or has the power to control both, or an identity of interests exists between such firms. In determining whether firms are Affiliates, the City shall consider all appropriate factors, including common ownership, common management, and contractual relationships. Affiliates must be considered together in determining whether a firm is a Small Business Enterprise.

Bidder/Participant - Any person, firm, partnership, corporation, limited liability company, association or joint venture seeking to be awarded a public contract or subcontract.

Brokering - Filling orders by purchasing or receiving supplies from a third party supplier rather than out of existing inventory, and providing no Commercially Useful Function other than acting as a conduit between a supplier and a customer.

City - The awarding authority for contracts awarded by the City of Fayetteville.

City's Marketplace - The geographic and procurement areas in which the City contracts on an annual basis.

Commercially Useful Function - Responsibility for the execution of a distinct element of the work of the contract which is carried out by actually performing, managing, and supervising the work involved, or fulfilling responsibilities as a joint venture.

Contract - A mutually binding legal relationship or any modification thereof obligating the seller to furnish equipment or services and obligating the buyer to pay for them, not including leases or emergency procurements.

Doing Business - Having a physical location from which to engage in for profit activities in the scope(s) of expertise of the firm.

Economically Disadvantaged - An individual whose Personal Net Worth is less than the amount identified in 49 CFR

Part 26

Equipment - Materials, supplies, commodities and apparatuses.

Expertise - Demonstrated skills, knowledge, or ability to perform in the field of endeavor in which certification is sought by the firm as defined by normal industry practices, including licensure where required.

Good Faith Efforts - Actions undertaken by a Bidder/Participant to achieve a SDBE goal which, by their scope, intensity, and appropriateness to the objective, can reasonably be expected to fulfill the Program's requirements.

Joint Venture - An association of two or more persons, or any combination of types of business enterprises and persons numbering two or more, proposing to perform a single for profit business enterprise, in which each joint venture partner contributes property, capital, efforts, skill and knowledge, and in which the SDBE is responsible for a distinct, clearly defined portion of the work of the contract and whose share in the capital contribution, control, management, risks, and profits of the joint venture is commensurate with its ownership interest. Joint ventures must have an agreement in writing specifying the terms and conditions of the relationships between the partners and their relationship and responsibility to the contract.

Managers - The City Manager.

Manufacturer - A firm that operates or maintains a factory or establishment that produces, on the premises, the materials, supplies, articles, or equipment required under the contract and of the general character described by the specifications.

Personal Net Worth - The net value of the assets of an individual after total liabilities are deducted. An individual's Personal Net Worth does not include the individual's ownership interest in an applicant or the individual's equity in his or her primary place of residence. An individual's Personal Net Worth includes only his or her share of assets held jointly with the individual's spouse.

Program - The SDBE Program.

Project Specific Goal - The Goal established for a particular project or contract based upon the availability of SDBEs in the scopes of work of the Contract.

Regular Dealer - A firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. To be a Regular Dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. A firm may be a Regular Dealer in such bulk items as petroleum products, steel, cement, gravel, stone, or asphalt without owning, operating, or maintaining a place of business if the firm both owns and operates distribution equipment for the products.