itb-avia-26-23-on-call-general-contractor-services-solicitation-final.pdf

COVER PAGE

PROJECT MANUAL

FOR

On-Call General Contractor Services

PROJECT NUMBER: AVIA 26-23

CHARLOTTE DOUGLAS INTERNATIONAL AIRPORT

CITY OF CHARLOTTE, NORTH CAROLINA

ADVERTISEMENT DATE:

(Vertical & Horizontal Non-Federal)

Project Name/Number: On-Call General Contractor Services AVIA 26-23 (rev. 4.6.2023)

TABLE OF CONTENTS

Table of Contents I. INVITATION TO BID ............................................................................................................................... INV-1

II. INSTRUCTIONS TO BIDDERS .................................................................................................................. ITB-6

III. BID FORM AND SUPPLEMENTS ............................................................................................................. BID-1

A. ITEMIZED BID .............................................................................................................................................. BID-2 B. EXECUTION OF BID ...................................................................................................................................... BID-4 C. COMMERCIAL NON-DISCRIMINATION CERTIFICATION ............................................................................... BID-5 D. CBI FORM 3: SUBCONTRACTOR/SUPPLIER UTILIZATION COMMITMENT (PAGE 1 OF 2) ................................ BID-6

IV. CONTRACT REQUIREMENTS AND FORMS ............................................................................................. C-8

A. AIA DOCUMENT A101- 2007 MODIFIED ......................................................................................................... C-9 B. AIA DOCUMENT A201- 2007 MODIFIED ...................................................................................................... C-17 C. SUPPLEMENTAL GENERAL CONDITIONS ...................................................................................................... C-51 D. SPECIAL CONDITIONS FOR NON-FEDERAL PROJECTS ................................................................................... C-64 E. INDEMNIFICATION AND INSURANCE .......................................................................................................... C-70 F. FEDERAL REQUIREMENTS ............................................................................................................................ C-73

V. CHARLOTTE BUSINESS INCLUSION PROGRAM ..................................................................................... CBI-76

VI. AIRPORT SECURITY REQUIREMENTS ................................................................................................ SEC-83

A. CLT SECURITY PROGRAM ......................................................................................................................... SEC-84 B. AIRPORT CREDENTIALING REQUIREMENTS ............................................................................................. SEC-86 C. CONSTRUCTION SECURITY PLAN .............................................................................................................. SEC-88 D. SECURITY ACCEPTANCE TESTING PROCESS .............................................................................................. SEC-88

VII. TECHNICAL SPECIFICATIONS ............................................................................................................ TEC-90

VIII. PLANS ............................................................................................................................................ PLN-91

Project Name/Number: On-Call General Contractor Services AVIA 26-23 (rev. 4.6.2023)

INVITATION TO BID INV - 1

I. INVITATION TO BID

Project Name/Number: On-Call General Contractor Services AVIA 26-23 (rev. 4.6.2023)

INVITATION TO BID INV - 2

INVITATION TO BID

The City of Charlotte (the “City”) hereby invites sealed bids for the following project at Charlotte Douglas International Airport (“CLT”):

PROJECT NAME: On-Call General Contractor Services

PROJECT NUMBER: ITB AVIA 26-23

EBUILDER BID PORTAL LINK: https://gateway.app.e-builder.net/app/bidders/landing?accountid=80fe0a4a-0c8f- 4fcd-ac93-cc9db65522cb&projectid=5d56a1f5-a212-49cb-8b36-009b9d822b7a&bidpackageid=c5552859-29d8- 42b8-b299-514501048c79

PRE-BID MEETING DATE AND TIME: March 19, 2026 at 10:00 AM EST.

PRE-BID CONFERENCE LINK (TEAMS):

https://teams.microsoft.com/meet/25005209135669?p=lHFArwNwP022E5nU0H

PRE-BID MEETING NUMBER/PASSWORD: 250 052 091 356 69/oG3Ht3Ht

JOIN BY PHONE: +1 872-256-4172,,265728936#

BID DUE DATE AND TIME: April 7, 2026 at 2:00 PM EST.

BID OPENING LINK (TEAMS):

https://teams.microsoft.com/meet/25462395135255?p=iehEnSskdsgZ2w1r0I

BID OPENING MEETING NUMBER / PASSWORD: 254 623 951 352 55/QT2aR7kG

JOIN BY PHONE: +1 872-256-4172,,545624209#

SCOPE OF WORK:

This is a task-based procurement and contract. The scope of work is miscellaneous small construction or repair projects that will be assigned as Tasks that are each estimated to be less than $30,000 in value. As illustrated by the Unit Prices required by § III. Bid Form and Supplements, subsection (A.), the Tasks are expected to cover the entire spectrum of common construction and repair related services and trades, including but not limited to: turnkey projects, new construction, demolition, renovations, interior fit outs, site improvements, renovations / remodeling, and maintenance / repair of facilities and pavement. Bidders can expect Tasks to potentially include some, none, or all of the trades represented in the Unit Price List. The Contractor shall provide services at various locations as needed. CLT may choose to supply some, none, or all of the construction materials required for any specific Task.

CLT will assign Tasks following the method set forth in § IV. Contract Requirements and Forms and may solicit a quote from one or more contractors prior to assigning an individual Task. A Contractor may be awarded multiple Tasks or none at all. Task projects are time sensitive and successful bidders must reply and begin work if directed to do so in a timely manner, as required in § IV. Contract Requirements and Forms.

Pre-Bid Conference: Attendance at the Pre-Bid Conference is not mandatory but is strongly encouraged. Preferred brand alternates, to the extent applicable, will be addressed at the Pre-Bid Conference.

Title VI Solicitation Notice: As a condition of a grant award, the Owner shall demonstrate that it complies with the provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and implementing regulations (49 CFR part 21) including amendments thereto, the Airport and Airway Improvement Act of 1982 (49 U.S.C. § 47123), the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C.

§ 794 et seq.), the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101, et seq.), U.S. Department of https://gateway.app.e-builder.net/app/bidders/landing?accountid=80fe0a4a-0c8f-4fcd-ac93-cc9db65522cb&projectid=5d56a1f5-a212-49cb-8b36-009b9d822b7a&bidpackageid=c5552859-29d8-42b8-b299-514501048c79 https://gateway.app.e-builder.net/app/bidders/landing?accountid=80fe0a4a-0c8f-4fcd-ac93-cc9db65522cb&projectid=5d56a1f5-a212-49cb-8b36-009b9d822b7a&bidpackageid=c5552859-29d8-42b8-b299-514501048c79 https://gateway.app.e-builder.net/app/bidders/landing?accountid=80fe0a4a-0c8f-4fcd-ac93-cc9db65522cb&projectid=5d56a1f5-a212-49cb-8b36-009b9d822b7a&bidpackageid=c5552859-29d8-42b8-b299-514501048c79 https://teams.microsoft.com/meet/25005209135669?p=lHFArwNwP022E5nU0H https://teams.microsoft.com/meet/25462395135255?p=iehEnSskdsgZ2w1r0I

Project Name/Number: On-Call General Contractor Services AVIA 26-23 (rev. 4.6.2023)

INVITATION TO BID INV - 3

Transportation and Federal Aviation Administration (FAA) Assurances, and other relevant civil rights statutes, regulations, or authorities, including any amendments or updates thereto.

This may include, as applicable, providing a current Title VI Program Plan to the FAA for approval, in the format and according to the timeline required by the FAA, and other information about the communities that will be benefited and impacted by the project. A completed FAA Title VI Pre-Grant Award Checklist is required for every grant application, unless excused by the FAA. The Owner shall affirmatively ensure that when carrying out any project supported by this grant that it complies with all federal nondiscrimination and civil rights laws based on race, color, national origin, sex, creed, age, disability, genetic information, in consideration for federal financial assistance. The Department’s and FAA’s Office of Civil Rights may provide resources and technical assistance to recipients to ensure full and sustainable compliance with Federal civil rights requirements. Failure to comply with civil rights requirements will be considered a violation of the agreement or contract and be subject to any enforcement action as authorized by law.

Project Name/Number: On-Call General Contractor Services AVIA 26-23 (rev. 4.6.2023)

INSTRUCTIONS TO BIDDERS ITB - 4

SCOPE OF WORK DETAILS

1. CLEAN UP

The Contractor shall always keep the Project site free from accumulation of waste materials, debris or rubbish caused by the work. At the end of each workday the Contractor shall:

• Remove from the Project site all tools, surplus materials, debris or rubbish.

• Leave the site and the work in a neat and orderly fashion.

• Clean all equipment and dispose of wash water/solvents as well as other cleaning and protective materials (e.g., rags, drop cloths, masking papers), strippers, etc., as directed by the Project Manager.

• Whenever possible, clean up shall be conducted with water or water-based agents. Arrangements may be made, in advance, with the Project Manager, for the use of City owned or leased waste containers for disposal of the above.

2. EMERGENCY CONTACT

Contractor personnel shall be reachable by cell phone in urgent or emergency situations. The Contractor shall provide at least one (1) local telephone number that may be used to contact the Contractor or his authorized representative in the event of an urgent or emergency situation after normal business hours.

3. EQUIPMENT

The Contractor shall have in its possession, or have available, sufficient equipment, hand tools, materials, and supplies necessary to perform the work as outlined in this Scope of Work.

4. HAZARDOUS MATERIALS

If the Contractor encounters any materials considered or suspected of being hazardous, he shall immediately secure the area and contact the City’s Hazardous Materials Coordinator and the Project Manager, for further instructions.

5. MATERIALS AND EQUIPMENT STORAGE

The Contractor shall be responsible for locating and providing storage areas for construction materials and equipment. The material and equipment storage shall comply with all local and state ordinances throughout the contract period. The Contractor shall restore the storage area to its original condition upon completion of the Project or upon such time as directed by the City. Such restoration shall be at no additional cost to the City.

The Contractor shall be responsible for the safeguarding of materials and equipment against fire, theft and vandalism and shall not hold the City responsible in any way for the occurrences of same. The Contractor shall furnish and erect, at no additional cost, whatever works may be necessary for the protection of the public, including but not limited to barricades, fences, etc.

6. PROJECT LOCATION INSPECTIONS

All trades shall be performed by skilled craftsmen. Satisfactory work and housekeeping will be maintained by the Contractor at all times. The worksite conditions, progress of work, and quality of work at each Project location may be inspected by the City on a continual basis. Any condition or situation deemed by the City to be unsatisfactory shall be remedied as soon as logistically possible, but not later than within 24 hours. During its inspection, the City may note whether each Project location is satisfactory or unsatisfactory.

7. SAFETY

Provide a safe work environment in accordance with all local, state, Federal, and applicable OSHA regulations. Employees must wear OSHA required safety equipment while working.

Project Name/Number: On-Call General Contractor Services AVIA 26-23 (rev. 4.6.2023)

INSTRUCTIONS TO BIDDERS ITB - 5

8. STAFFING REQUIREMENTS AND IDENTIFICATION OF CONTRACTOR PERSONNEL

The Contractor shall provide a sufficient work force and supervisory personnel to perform the specified services and to meet the requirements of the City. The City has the right to require any additional personnel that the City deems necessary to complete the Project. The City also has the right to require removal and replacement of any personnel deemed unsatisfactory by the City. Personnel shall maintain a neat and clean appearance, with identification clearly identifying the person and the name of their Contractor. Shirts must be worn at all times; Tank tops are not permitted. All personnel must wear high visibility safety vests that meet ANSI standards while working in traffic areas.

9. SUBCONTRACTS

No portion of this contract shall be subcontracted without prior written consent of the City. The City shall retain the right of approval of all subcontractors.

10. SUPERVISION

One competent individual, fluent in the English language and authorized to act in a supervisory capacity for the Contractor over the Services on the Project, shall be available at all times. The individual so authorized shall be the full-time employee of the Contractor, experienced in the type of work being performed, and fully capable of managing, directing, and coordinating the Services, reading and thoroughly understanding the contract, and receiving and carrying out directions from the City. The competent individual shall be reachable via cell phone during the project period.

11. WARRANTY OF MATERIALS AND WORKMANSHIP

All materials and equipment provided shall be listed and labeled for the purpose intended and must be in good working order. All work provided shall have, as a minimum, a one (1) year warranty from the date of final acceptance against any latent defects, design, materials, workmanship and installation. All materials used shall be new and work must be performed by skilled technicians.

12. WORKING HOURS

Routine operations shall generally be performed between the hours of 8:00 AM to 5:00 PM, Monday through Friday, except for City observed holidays. Emergency or non-routine work shall be performed as necessary to prevent interruptions to business and travel operations as agreed upon with the City’s Project Manager.

13. ENVIRONMENTAL PURCHASING REQUIREMENTS

The City has adopted a Sustainable Purchasing Policy that focuses on energy efficiency, lifecycle management, recycled content and recyclability, and reduced toxicity when making purchasing decisions.

Companies selected under this advertisement will be expected to consider environmental sustainability related to providing Services to the City.

Project Name/Number: On-Call General Contractor Services AVIA 26-23 (rev. 4.6.2023)

INSTRUCTIONS TO BIDDERS ITB - 6

II. INSTRUCTIONS TO BIDDERS

Project Name/Number: On-Call General Contractor Services AVIA 26-23 (rev. 4.6.2023)

INSTRUCTIONS TO BIDDERS ITB - 7

INSTRUCTIONS TO BIDDERS

1.0 DEFINITIONS

1.1 AIP. The Airport Improvements Program, a grant program administered by the Federal Aviation

Administration.

1.2 Addendum or Addenda. Written or graphic instruments issued by the Owner prior to the submission of Bids which modify or interpret the Bidding Documents by additions, deletions, clarifications, or corrections or other type of modifications. Bidders, upon receiving Addenda, shall insert same into the Bid Documents.

1.3 Additive or Deductive Bid Item (Alternate Bid). An amount stated in the Bid to be added to or deducted from the amount of the Base Bid if the corresponding change in the Work, as described in the Bidding Documents, is accepted by the Owner.

1.4 Air Operations Area (AOA). Any area of the Airport used or intended to be used for the landing, takeoff, or surface maneuvering of aircraft. An air operation area shall include such paved or unpaved areas that are used or intended to be used for the unobstructed movement of aircraft in addition to its associated runway, taxiway, or apron.

1.5 Airport or CLT. The Charlotte Douglas International Airport, including all areas of land or water used or intended to be used for the landing and takeoff of aircraft and including its buildings and facilities, if any.

1.6 Alternate. An amount stated in a bid for a specific material, product or good that can be added or deducted from the Base Bid by the Owner if the defined changes are made to the Plans or Specifications.

1.7 Authorized Representative. The firm or individual nominated by the Owner to act on behalf of the Owner;

e.g., Engineer and/or Architect of Record, City Project Manager or others as designated by Owner.

1.8 Award. The acceptance, by the Owner, of the successful bidder’s proposal upon authorization of the Charlotte City Council.

1.9 Base Bid. The sum stated in the Bid for which the Bidder offers to perform the work described in the Bidding Documents as the base, to which work may be added or from which work may be deducted for sums stated in Additive or Deductive Bid Items.

1.10 Bid. A complete and properly signed offer to do the work or designated portion thereof for the sums stipulated therein submitted in accordance with the Bidding Documents.

1.11 Bid Documents. All documents and forms contained in this Project Manual.

1.12 Bid Security. The security furnished with a Bid to guarantee that the Bidder will enter into the Contract if its Bid is accepted by the Owner.

1.13 Bidder. Any individual, partnership, firm, corporation or other business entity acting directly through a duly authorized representative, who submits a bid for the Work contemplated.

1.14 Calendar Day. Every day on the calendar between Notice to Proceed and Substantial Completion of all the work to be performed.

Project Name/Number: On-Call General Contractor Services AVIA 26-23 (rev. 4.6.2023)

INSTRUCTIONS TO BIDDERS ITB - 8

1.15 Change Order. A written order to the Contractor covering changes in the Plans, Specifications, or Contract Item quantities and establishing the basis of payment and Contract Time adjustment, if any, for the Work affected by such changes.

1.16 Claim. A demand or assertion by one of the parties seeking, as a matter of right, payment of money, or other relief with respect to the terms of the Contract. The term “Claim” also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract.

1.17 Contract Documents or Contract. The executed agreement between the Owner and the successful bidder(s), covering the performance of and compensation for the Work. The term Contract is all inclusive with reference to all written agreements affecting a contractual relationship and all documents referred to therein. The Contract shall include, but not be limited to the Invitation to Bid, Instructions to Bidders, Bid Form and Supplements, Contract Requirements and Forms, required certificates and affidavits, bonds, addenda, technical specifications and plans, and Tasks. The Contract shall constitute one instrument.

1.18 Contract Item or Pay Item. A specific unit of Work for which a price is provided in the Contract.

1.19 Contract Time. The number of calendar days or working days, stated in a specific Task, allowed for completion of the Task Work, including authorized time extensions. If a calendar date of completion is stated in a Task, in lieu of a number of calendar or working days, the Contract shall be completed by that date.

1.20 Contractor. The successful Bidder(s) with whom the City contracts for the Work.

1.21 Date of Substantial Completion. The date certified by the Owner on which the Project is complete to the extent it can be used for its intended purpose in accordance with the requirements of the Contract.

1.22 Disadvantaged Business Enterprise (DBE). A for-profit small business concern: (a) that is at least fifty-one (51%) percent owned by one or more individuals who are both socially and economically disadvantaged or, in the case of a corporation, in which fifty-one (51%) percent of the stock is owned by one or more such individuals; and (b) whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it.

1.23 Engineer or Architect. The individual, partnership, firm or corporation duly authorized by the Owner to be responsible for engineering inspection of the contract work and acting directly or through an authorized representative.

1.24 FAA. The Federal Aviation Administration of the U.S. Department of Transportation. When used to designate a person, FAA shall mean the Administrator or his duly authorized representative.

1.25 Inspector or Project Inspector. An authorized representative of the Engineer assigned to make all necessary inspections and/or tests of the work performed or being performed, or of the materials furnished or being furnished by the Contractor.

1.26 Invitation to Bid (ITB). A public announcement, as required by local law, inviting Bids for Work.

1.27 Major and Minor Contract Items. A major Contract item shall be any item that is listed in the proposal, the total cost of which is equal to or greater than 25 percent of the total amount of the awarded Contract. All other items shall be considered Minor Contract items.

1.28 Notice To Proceed (NTP). A written notice to the Contractor to begin the Work on a specified date.

Project Name/Number: On-Call General Contractor Services AVIA 26-23 (rev. 4.6.2023)

INSTRUCTIONS TO BIDDERS ITB - 9

1.29 Owner. The City of Charlotte. For the purpose of this Project Manual, the Owner may also be referred to as the Sponsor or City.

1.30 Payment Bond. The approved form of security furnished by the Contractor and its surety as a guaranty that it will pay in full all bills and accounts for materials and labor used in the construction of the Work.

1.31 Performance Bond. The approved form of security furnished by the Contractor and his surety as a guarantee that the Contractor will complete the Work in accordance with the terms of the Contract.

1.32 Plans. The official drawings or exact reproductions, approved by the Owner, which show the location, character, dimensions and details of the Airport and the Work to be done and which are to be considered as part of the Contract.

1.33 Project. A specific Airport development. The Work may be a portion or the whole of a Project.

1.34 Runway. The area on the Airport prepared for the landing and takeoff of aircraft.

1.35 Small Business Enterprise (SBE) means a business which (a) is at least fifty-one percent (51%) owned by one or more persons (b) the owner has a personal net worth less than 750,000 a year; (c) is located within the metropolitan statistical area and finally (d) has been in business a minimum of 1 year.

1.36 Socially and Economically Disadvantaged Individual means any individual who is a citizen (or lawfully admitted permanent resident) of the United States and who a certifier finds to be socially and economically disadvantaged on a case-by-case basis. A determination that an individual is socially and economically disadvantaged must not be based in whole or in part on race or sex. For that reason, all applicants shall qualify as socially and economically disadvantaged if they can meet the relevant criteria described in §

26.67. Being born in a particular country does not, standing alone, mean that a person is necessarily socially and economically disadvantaged.

1.37 Specifications. The written directions and requirements for completing the Work. Standards for specifying materials or testing which are cited in the specifications by reference shall have the same force and effect as if included in the Contract physically.

1.38 Structures. Airport facilities such as buildings, bridges; culverts; catch basins; inlets; retaining walls;

cribbing; storm and sanitary sewer lines; water lines; underdrains; electrical ducts, manholes, handholes, lighting fixtures and bases; transformers; flexible and rigid pavements; navigational aids; buildings; vaults;

and, other manmade features of the Airport that may be encountered in the Work and not otherwise classified herein.

1.39 Surety. The corporation, partnership, or individual, other than the Contractor, executing a Bid Payment, Performance or Guaranty Bonds that are furnished to the Owner by the Contractor.

1.40 Task. A written directive from the Owner assigning a distinct Work project to the Contractor.

1.41 Taxiway. For the purpose of this document, the term taxiway means the portion of the AOA of an airport that has been designated by for movement of aircraft to and from the airport's runways or aircraft parking areas.

1.42 Work. The furnishing of all labor, materials, tools, equipment, and incidentals necessary to the Contractor’s performance of all duties and obligations imposed by the Contract.

Project Name/Number: On-Call General Contractor Services AVIA 26-23 (rev. 4.6.2023)

INSTRUCTIONS TO BIDDERS ITB - 10

2.0 CONTRACT TIME: The term of the Contract shall be for three (3) years. Bidders are advised to carefully read and review the form Contract as they prepare their Bid. CLT reserves the right to revise the terms of the form Contract at any time during the ITB process.

The Contractor shall achieve Substantial Completion of the Work, when assigned, within the time allotted as stated in the written Notice to Proceed. Contractor acknowledges that the time for completion of the Work is sufficient for it to perform all the Work. Time is of the essence to the contract and to each Task.

The Contractor hereby further agrees that the Owner is authorized to retain out of the monies due to the Contractor and/or the Contractor is liable to the City for the sum of for each and every day the time employed upon said work or delivery may exceed the time stipulated for such performance and completion. The sum per calendar day is fixed in view of the difficulty of estimating such damages that the Owner will suffer by reason of such default. The liquated damages amount is not capped.

3.0 CHARLOTTE BUSINESS INCLUSION (“CBI”) PROGRAM

The City and the Contractor will negotiate a CBI goal for each Task initiated under the Contract prior to the Contractor beginning Work on the Task. The City has established a non-binding aspirational CBI Goal(s) of 16% of the total amount expended under the Contract.

For information about CBI Program requirements and forms, please review the Section V of the Bid Documents, which contains instructions and forms for the CBI Program. For purposes of CBI reporting requirements, Contractor will submit documentation requested by the City or be required to comply with reporting into the City’s InclusionCLT system or subsequent software platform provided by the City, or in such other manner as may be prescribed, and further require its Subcontractors to provide such documentation and information through the same system.

4.0 SITE TOURS

Not applicable.

5.0 GOVERNING ORDER OF BIDDING AND CONTRACT DOCUMENTS

Federal Clauses, Addenda, Change Orders and Supplementary Agreements will take precedence over other Contract Documents. Detailed provisions shall have precedence over general provisions.

Bidders shall take no advantage of any apparent error or omission in the Bid Documents or Contract Documents. In the event a Bidder discovers an error or omission, the Bidder shall immediately notify the Owner. The Owner will then make such corrections and interpretations as may be deemed necessary for fulfilling the intent of the Bid Documents.

6.0 BIDDER REPRESENTATIONS

6.1 Each Bidder by making its Bid represents that it:

A. Has examined the site of the proposed Work and the Bidding Documents; and

B. Is satisfied as to the character, quality and quantities of work to be performed, materials to be furnished and as to the requirements of the proposed Contract; and

Project Name/Number: On-Call General Contractor Services AVIA 26-23 (rev. 4.6.2023)

INSTRUCTIONS TO BIDDERS ITB - 11

C. Acknowledges that submission of a Bid shall be prima facie evidence that the Bidder has made such examination and is satisfied as to the conditions to be encountered and has adequate time to perform the Work in accordance with the requirements of the Contract Documents.

D. Warrants and certifies that as of the date of this Bid, Bidder is not identified on the Final Divestment

Lists created by the North Carolina State Treasurer pursuant to N.C.G.S. 147 Articles 6e or 6g. The person signing this Bid certifies that he or she is authorized by the Bidder to make the foregoing certification. Bidder further agrees that it will not take any action during the term of this contract that would provide a basis for it to be placed upon the Final Divestment Lists nor will it utilize on this Contract any subcontractor that is identified on the Final Divestment Lists.

6.2 Bidders for this Work shall be qualified and licensed by the State of North Carolina or the applicable licensing body for this particular Work prior to time of Bid Opening. North Carolina License type, number and dollar limit must be indicated where requested for the Bidder.

6.3 Bidders shall have previous acceptable experience, of current personnel, in the construction of at least two

(2) projects in the last ten (10) years that demonstrate the ability to accomplish the Work required by this Contract. If the Bidder is a recently formed entity, then the previous experience of the component entities will be considered. The Owner shall be the sole judge of acceptable previous experience. The Bidder shall have regularly and principally engaged in work of the quality and scope indicated by the Contract Documents, utilizing administrators and supervisors regularly employed by the Bidder for managing the Work, and utilizing workers regularly employed by the Bidder for construction not performed by subcontractors.

6.4 In the event that a Bidder is discovered to be ineligible after a Contract is awarded, the ineligible bidder shall indemnify the City against any losses suffered by the City because of the Bidder’s ineligibility. The City reserves the right to take any steps it believes appropriate to lessen its actual or potential loss, including termination of the Contract or withholding payments sufficient to cover losses.

6.5 Bidder shall abide by the confidentiality requirements set forth in Section 13 of the Instruction to Bidders.

6.6 Bidder shall comply with all federal, state and local laws and regulations relating to the preparation and submission of the Bid including, without limitation, E-Verify and shall submit to Owner all required certifications, verifications, permits and licenses.

7.0 BID DOCUMENTS

7.1 Documents

Bidders may obtain complete sets of the Bid Documents as indicated in the Advertisement in the number desired and for the cost stated therein.

Bidders shall use complete sets of Bid Documents in preparing Bids. The Owner assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bid Documents.

The Owner, by making copies of the Bid Documents available on the above terms, does so only for the purpose of obtaining Bids on the Work and does not confer a license or grant for any other use.

Project Name/Number: On-Call General Contractor Services AVIA 26-23 (rev. 4.6.2023)

INSTRUCTIONS TO BIDDERS ITB - 12

7.2 Interpretation or Correction of Bid Documents

Bidders shall promptly notify the Owner in writing of any ambiguity, inconsistency or error that they may discover upon examination of the Bid Documents or of the site and local conditions.

Bidders requiring clarification or interpretation of the Bid Documents shall make a written request for clarification and forward the same to the appropriate address below. The Owner will only respond to written questions. Any interpretation, correction or change of the Bid Documents will be made only by an Addendum. Interpretations, corrections or changes of the Bid Documents made in any other manner will not be binding, and Bidders shall not rely upon such interpretations, corrections and changes.

Written requests for clarification must be submitted electronically through the Bid Portal Q&A board.

The deadline for submitting written requests for clarification is Tuesday, March 24, 2026 at 5:00 PM ET.

8.0 BIDDING PROCEDURE

8.1 Form and Style of Bids

Bids shall consist of the following forms:

(1) Bid Form

(2) Certificate of Non-discrimination

Changes or additions to the Bid, recalculations or changes in the work bid upon, alternative proposals, or any other modifications of the Bid Form which are not specifically called for in the Bid Documents may result in the Owner’s rejection of the Bid as non-responsive to the Invitation to Bid.

The Bidder must execute all pages of the Bid Form, in their entirety. All blanks on the Bid Form shall be filled in by typewriter or manually in ink.

Unit prices shall include the cost for materials, equipment, tools, labor, sales tax and all incidentals necessary for proper execution and completion of the Work. As the quantities represented are estimates, quantity adjustments will be made as necessary during the project.

In the event there are unit price Bid Items provided in the Bid Form or its attachments, and the "amount" indicated for a unit price Bid Item does not equal the product of the unit price and quantity, the unit price shall govern and the amount will be corrected accordingly. In the event there is more than one Bid Item in the Bid Form or its attachments and the total indicated therein does not agree with the sum of the prices bid for the individual items, the prices bid on the individual items shall govern and the total for the schedule will be corrected accordingly. Where so indicated by the make-up of the Bid Form, sums shall be expressed in both words and figures, and in case of discrepancy between the two, the amount written in words shall govern.

All requested, Additive or Deductive Bid Items shall be bid. If no change in the Base Bid is required, enter "No Change."

No person, firm or corporation shall be allowed to submit (or have an interest in) more than one prime Bid for the same work. For example, a Contractor may not submit one bid for itself and one bid for a joint venture in which it will participate. However, a person, firm or corporation that has submitted a sub-bid to a Bidder is not, however, disqualified from submitting a sub-bid or quoting prices to other Bidders or submitting a prime Bid.

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8.2 Sales and Use Tax

The Owner is NOT exempt from applicable sales or use taxes assessed by North Carolina or other states.

However, the North Carolina Department of Revenue does reimburse the Owner for the North Carolina sales or use taxes the Owner pays for certain construction related goods. Therefore, the Owner utilizes the below procedures for such sales tax. The Contractor agrees to follow the procedures set forth below for all sales or use taxes related to the Work and any other work performed pursuant to this Contract.

Eligible Taxes are defined as North Carolina sales or use taxes paid by the Contractor for buildings, materials, supplies, fixtures and equipment that become a part of or annexed to any building or structure that is owned or leased by the Owner and is being erected, altered or repaired by the Owner (North Carolina GS 105-164-14(c)).

Non-Eligible Taxes are defined as all other sales or use taxes including those paid to states other than North Carolina, or sales or use taxes paid to North Carolina on purchases or rental of tools, equipment, and disposable supplies, including fuel, used in the Work.

Non-Eligible Taxes Non-Eligible Taxes shall be included in the Bid and will be included in the Contract Price.

The Contract Price as shown on the bid form includes full and complete compensation for the Contractor for any and all Non-Eligible Taxes paid by the Contractor in the prosecution of the Work and any other work performed pursuant to this Contract.

Eligible Taxes Eligible Taxes shall not be included in the Bid and will not be included in the Contract Price. Eligible Taxes will be reimbursed separately pursuant to the procedures below.

Prior to award of the Contract, the Contractor shall provide the Owner with the estimated amount of total Eligible Taxes for the Contract. This estimated amount of total Eligible Taxes will be used solely for the purpose of the Owner’s budget planning for the Project and will not be included in the Contract Price.

The Contract Price as shown on the bid form excludes Eligible Taxes. The Contractor shall invoice the Owner for Eligible Taxes as set forth below and the Owner will reimburse the Contractor for those Eligible Taxes pursuant to the procedures below.

In the event the Contractor fails to materially follow the procedures set forth by this Article, and/or fails to properly document its payment of Eligible Taxes, the Owner will not be liable to the Contractor in any way for the payment of such Eligible Taxes.

In order to receive the reimbursement for Eligible Taxes, the Contractor shall provide a detailed listing of Eligible Taxes on the Sales/Use Tax Statement (“Tax Statement”) provided in the Contract Documents. Tax Statements must be submitted with each payment request and shall include invoices documenting the Eligible Taxes and the underlying purchases made by the Contractor or by the Contractor’s subcontractor.

Tax Statements must indicate whether such Eligible Taxes was paid by the Contractor or by the Contractor’s subcontractor.

If no Eligible Taxes have been paid for the period in which a payment request is being submitted by the Contractor, then the Contractor shall indicate “No Eligible Taxes paid this period” and submit the Tax Statement accordingly.

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Tax Statements must be completed and signed by the Contractor/subcontractor’s Contractor officer submitting the statement and certified by a Notary Public.

Tax Statement must list in detail the Eligible Taxes paid for each individual invoice paid by the Contractor/subcontractor. No lump sum, running total, or copies of previously reported statements will be accepted.

Tax Statements must show separately the portion of Eligible Taxes that are paid to the State of North Carolina and the applicable North Carolina county, identifying the county accordingly.

Tax Statements will be reviewed and approved by the Owner prior to paying the Eligible Taxes reimbursement. Such approval will not be unreasonably withheld.

8.3 E-Verify

Bidder is required to comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes, unless otherwise exempt. Further, if Bidder utilizes a subcontractor, Bidder shall require the subcontractor to comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes.

8.4 Iran and Companies that Boycott Israel Divestment Acts

NC Prohibitions on Contracts with Companies that Invest in Iran or Boycott Israel. Company warrants and certifies that it is not identified on the Final Divestment Lists created by the NC State Treasurer pursuant to N.C.G.S. 147 Articles 6e or 6g. Company further warrants and certifies it will not take any action during the term of this contract that would provide a basis for it to be placed upon the Final Divestment Lists nor will it utilize on this Contract any subcontractor that is identified on the Final Divestment Lists. In signing this Contract, Company further agrees, as an independent obligation, separate and apart from this Contract, to reimburse the City for any and all damages, costs and attorneys’ fees incurred by the City in connection with any claim that this Agreement or any part thereof is void due to Company appearing on the Final Divestment Lists.

8.4 Not Used.

8.5 Submission of Bids

Bids shall be submitted through the e-Builder e-bidding portal ONLY:

Bidders shall be responsible for the timely delivery of Bids into e-Builder.

No responsibility will be attached to the OWNER for premature opening of or failure to open a Bid not properly identified.

The Bidder shall assume full responsibility for timely delivery into e-Builder. Physical, Oral, telephonic or telegraphic Bids are invalid and will not receive consideration. Bids received after the time and date for receipt of Bids will accepted.

8.6 Modification or Withdrawal of Bid

After opening, each Bid is a firm offer by the Bidder to contract which may not be withdrawn for 120 Calendar Days from bid opening.

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Prior to bid opening, any Bid submitted may be withdrawn by notice to the City. For withdrawal to be effective, the City must actually receive the notice prior to bid opening. Such notice shall be in writing over the signature of the Bidder, and it shall be worded so that it does not reveal the amount of the original Bid.

Withdrawn Bids may be modified and resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders.

9.0 CONSIDERATION OF BIDS

9.1 Award of Bid

It is the intent of the Owner to award a Contract to up to the four (4) lowest responsive and responsible Bidders, provided the Bid has been submitted in accordance with the requirements of the Bidding Documents and does not exceed the funds available. The Owner shall have the right to waive abnormalities and irregularities in a Bid received and to accept the Bid which, in the Owner’s judgment, is in the Owner’s best interests.

9.2 Opening of Bids

The Bids received on time will be opened publicly and will be read aloud. An abstract of the Bids may be made available to Bidders.

9.3 Rejection of Bids

The Owner reserves the right to reject any and or all Bids.

A. Notwithstanding any of the above, the Owner reserves the right to reject any or all Bids and to waive any informality or technicality. Being the low Bidder, does not mean that the Contract is required to be awarded to said Bidder or that the Contract will be awarded at all.

B. Bids may be considered non-responsive for reasons such as but not limited to the following:

1. If the Bid is on a form other than that furnished by the Owner, or if the Owner’s form is altered, or if any part of the Bid Form is detached.

2. If there are unauthorized additions, known substitutions, conditional or alternate pay items, or irregularities of any kind which make the Bid incomplete, indefinite, or otherwise ambiguous.

3. If the Bid does not contain a unit price for each pay item listed in the Bid, except in the case of authorized alternate pay items, for which the Bidder is not required to furnish a unit price.

4. If the Bid is not accompanied by the Bid Bond specified by the Owner.

5. Failure of authorized person to sign Bid Form.

6. Failure to Submit Necessary Forms per this Instruction to Bidders

C. A Bidder may be considered disqualified for any of the reasons such as but not limited to the following:

1. Submitting more than one Bid from the same partnership, firm, or corporation under the same or different name.

2. Evidence of collusion among Bidders. Bidders participating in such collusion shall be disqualified as Bidders for any future work of the Owner until any such participating Bidder has been reinstated by the Owner as a qualified Bidder.

10.0 PRE-AWARD

10.1 Submittals

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The Bidder shall, within ten days after notice of award, furnish to the Owner in writing:

A. A statement of the required experience; and

B. The names of manufacturers, products, and the suppliers of principal items or systems of materials and equipment proposed for the Work; and

C. A designation of the Work to be performed with the Bidder’s own forces; and

D. The names of persons or entities who are to furnish the principal portions of the Work; and

E. The executed Agreement; and

F. A detailed breakdown of any compound unit prices; and

G. Not Used; and

H. Not Used; and

I. Upon Owner’s request, form copies of subcontractors Contractor will use on this Project.

11.0 AWARD OF CONTRACT

Contract work may not proceed until the properly executed Agreement and all required submittals are delivered to the Owner in acceptable form and the City has executed the Contract. The time of completion for the Project will not be extended due to delays by the Contractor in executing and delivering required documents.

12.0 FINANCIAL

12.1 Audit Rights

The Owner shall have the right to inspect, examine and make copies of any and all books, accounts, records, and other writings of contractors relating to the performance of the Work under the Contract, including change orders. Such audit rights shall be extended to any duly authorized representatives designated by the Owner. Audits shall take place at times and locations mutually agreed upon by both parties, but not later than one week following the date of a request for an audit.

12.2 Subcontractor Payments

Bidders are advised of the subcontractor payment requirements described in North Carolina General Statutes (“NCGS”) 22C-2 “Performance by Subcontractor” and 22C-3 “Time of Payment to Subcontractor.”

NCGS 22C-2 prohibits as a matter of public policy the insertion of “Pay-When-Paid” clauses in subcontractor agreements. A contractor may not condition subcontractor payments on the contractor’s receipt of payments from the owner.

NCGS 22C-3 requires contractors to pay subcontractors for work performed in accordance with contract requirements within seven days of contractor’s receipt of a period or final payment from the owner.

13.0 CONFIDENTIALITY REQUIREMENTS

13.1 Bidder hereby agrees to comply with all confidentiality requirements set forth in this section in connection

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with this Project.

13.2 Confidential Information

Confidential Information includes any information, not generally known in the relevant trade or industry, obtained from the Owner or its vendors or licensors or which falls within any of the following general categories:

A. Trade secrets. For purposes of this Contract, trade secrets consist of information of the Owner or any of its suppliers, contractors or licensors: (a) that derives value from being secret; and (b) that the owner has taken reasonable steps to keep confidential. Examples of trade secrets include information relating to proprietary software, new technology, new products or services, flow charts or diagrams that show how things work, manuals that tell how things work and business processes and procedures.

B. Information of the Owner or its suppliers, contractors or licensors marked “Confidential” or “Proprietary.”

C. Information relating to criminal investigations conducted by the Owner, and records of criminal intelligence information compiled by the Owner.

D. Information contained in the City/County’s personnel files, as defined by N.C. Gen. Stat. 160A-168.

This consists of all information gathered and/or maintained by the Owner about employees, except for that information which is a matter of public record under North Carolina law.

E. Citizen or employee social security numbers collected by the Owner.

F. Computer security information of the Owner, including all security features of electronic data processing, or information technology systems, telecommunications networks and electronic security systems. This encompasses but is not limited to passwords and security standards, procedures, processes, configurations, software and codes.

G. Local tax records of the Owner that contains information about a taxpayer’s income or receipts.

H. Any attorney / Owner privileged information disclosed by either party.

I. Any data collected from a person applying for financial or other types of assistance, including but not limited to their income, bank accounts, savings accounts, etc.

J. The name or address of individual homeowners who, based on their income, have received a rehabilitation grant to repair their home.

K. Building plans of Owner-owned buildings or structures, as well as any detailed security plans.

L. Billing information of customers compiled and maintained in connection with the Owner providing utility services.

M. Other information that is exempt from disclosure under the North Carolina public records laws.

Categories 14.2.3 through 14.2.13 above constitute “Highly Restricted Information,” as well as Confidential Information. The Contractor acknowledges that certain Highly Restricted Information is subject to legal restrictions beyond those imposed by these requirements, and agrees that: (a) all requirements set forth herein applicable to Confidential Information shall apply to Highly Restricted Information; and (b) the Contractor will also comply with any more restrictive instructions or written policies that may be provided

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by the Owner from time to time to protect the confidentiality of Highly Restricted Information.

13.3 Restrictions

The Contractor shall keep the Confidential Information in the strictest confidence, in the manner set forth below:

A. It shall not copy, modify, enhance, compile or assemble (or reverse compile or disassemble), or reverse engineer Confidential Information.

B. It shall not, directly or indirectly, disclose, divulge, reveal, report or transfer Confidential Information of…