Old Concord Road Comfort Station Division 00 / Volume 1 of 2 October 18, 2026 Page 1 of 114

CONFORMED FOR CONSTRUCTION

PROJECT MANUAL

FOR

OLD CONCORD ROAD COMFORT STATION

DIVISION 00

(Volume 1 of 2)

BID NUMBER: 269-2027-2015

CITY OF CHARLOTTE, NORTH CAROLINA

ADVERTISEMENT DATE: October 28, 2026

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TABLE OF CONTENTS

TABLE OF CONTENTS

LIST OF PLANS

LIST OF SPECIFICATIONS

00 10 00 - ADVERTISEMENT FOR BIDS

00 20 00 - INSTRUCTIONS TO BIDDERS (AIA # A701)

00 40 00 - BID FORMS AND SUPPLEMENTS

BID FORM

SUBSTITUTION REQUEST FORM FOR BID PHASE

ROOFING MANUFACTURER’S ACKNOWLEDGEMENT

EXPERIENCE MODIFICATION RATING (EMR) FACTOR LETTER

00 50 00 – STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR (AIA

#A101)

00 55 00 – FEDERAL TRANSIT ADMINISTRATION SUPPLEMENTAL CONDITIONS

00 60 00 – PROJECT FORMS

00 70 00 - GENERAL CONDITIONS (AIA #A201)

00 90 00 - ADDENDA

EXHIBIT A – INSURANCE AND BONDS

DIVISIONS 01 – 31 TECHNICAL SPECIFICATIONS

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LIST OF PLANS

DRAWING NUMBER DRAWING TITILE

GENERAL

S-CVR-OCD-7-000 COVER SHEET

S-NDX-OCD-7-001 INDEX OF SHEETS

S-ARP-OCD-7-010 LIFE SAFETY PLAN

S-ARP-OCD-7-030 BUILDING ASSEMBLIES

S-ARP-OCD-7-050 STANDARD INFORMATION - 1-3

S-ARP-OCD-7-051 STANDARD INFORMATION - 2-3

S-ARP-OCD-7-052 STANDARD INFORMATION - 3-3

S-ARP-OCD-7-002 BUILDING CODE SUMMARY

CIVIL

S-CVR-OCD-7-001 COVER SHEET

S-NDX-OCD-1-001 INDEX OF SHEETS

S-NTS-OCD-7-001 GENERAL NOTES SHEET

S-DMO-OCD-7-001 DEMOLITION PLAN

S-ECP-OCD-7-001 EROSION CONTROL PLAN

S-ECP-OCD-7-002 EROSION CONTROL DETAILS SHEET 1 OF 2

S-ECP-OCD-7-003 EROSION CONTROL DETAILS SHEET 2 OF 2

S-SLO-OCD-7-001 SITE LAYOUT PLAN

S-SLO-OCD-7-002 ORCHID BRIDGE RD CROSS SECTIONS

S-DTL-OCD-7-001 SITE DETAILS SHEET 1 OF 2

S-DTL-OCD-7-002 SITE DETAILS SHEET 2 OF 2

S-DRG-OCD-7-001 SITE GRADING & STORMWATER PLAN

S-UTL-OCD-7-001 UTILITY PLAN

S-FIRE-OCD-7-001 FIRE PROTECTION PLAN

S-DRG-OCD-7-001 STORMWATER & UTILITY DETAILS SHEET 1 OF 2

S-DRG-OCD-7-002 STORMWATER & UTILITY DETAILS SHEET 2 OF 2

S-TRC-OCD-7-001 TRAFFIC CONTROL PLAN

S-LSC-OCD-7-001 PLANTING PLAN

STRUCTURAL

S-STR-OCD-7-S001 GENERAL NOTES

S-STR-OCD-7-S002 GENERAL NOTES

S-STR-OCD-7-S003 GENERAL NOTES, ABBREVIATIONS AND SYMBOL LEGEND

S-STR-OCD-7-S101 FOUNDATION & ROOF FRAMING PLANS

S-STR-OCD-7-S301 SLAB ON GRADE DETAILS

S-STR-OCD-7-S302 SLAB ON GRADE DETAILS

S-STR-OCD-7-S501 STEEL FRAMING DETAILS

S-STR-OCD-7-S511 METAL STUD DETAILS 1 OF 4

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S-STR-OCD-7-S512 METAL STUD DETAILS 2 OF 4

S-STR-OCD-7-S513 METAL STUD DETAILS 3 OF 4

S-STR-OCD-7-S514 METAL STUD DETAILS 4 OF 4

S-STR-OCD-7-S521 FRAMING SECTIONS AND DETAILS

ARCHITECTURAL

S-ARP-OCD-7-100 SLAB PLAN

S-ARP-OCD-7-101 FLOOR PLAN

S-ARP-OCD-7-102 REFLECTED CEILING PLAN

S-ARP-OCD-7-151 ROOF PLAN

S-ARP-OCD-7-201 EXTERIOR ELEVATIONS

S-ARP-OCD-7-202 OCD COMFORT STATION 3D VIEW

S-ARP-OCD-7-301 BUILDING SECTIONS

S-ARP-OCD-7-302 BUILDING SECTIONS

S-ARP-OCD-7-351 WALL SECTIONS

S-ARP-OCD-7-401 INTERIOR ELEVATIONS

S-ARP-OCD-7-402 ENLARGED EXTERIOR ELEVATIONS

S-ARP-OCD-7-500 EXTERIOR BARRIER DETAILS

S-ARP-OCD-7-501 EXTERIOR PLAN DETAILS

S-ARP-OCD-7-502 EXTERIOR SECTION DETAILS

S-ARP-OCD-7-503 EXTERIOR SECTION DETAILS

S-ARP-OCD-7-601 DOOR SYSTEMS

S-ARP-OCD-7-602 STOREFRONT SYSTEMS

S-ARP-OCD-7-701 FINISH PLAN

S-ARP-OCD-7-702 SIGNAGE

S-ARP-OCD-7-801 MILLWORK DETAILS

S-ARP-OCD-7-901 OCD COMFORT STATION RENDERING

PLUMBING

S-PLB-OCD-7-001 PLUMBING COVER SHEET

S-PLB-OCD-7-101 PLUMBING FLOOR PLANS

MECHANICAL

S-MCH-OCD-7-001 MECHANICAL COVER SHEET

S-MCH-OCD-7-101 MECHANICAL PLAN

ELECTRICAL

S-ELE-OCD-7-001 ELECTRICAL COVER SHEET

S-ELE-OCD-7-101 ELECTRICAL PLANS

S-ELE-OCD-7-102 ELECTRICAL - MECHANICAL POWER

S-ELE-OCD-7-103 ELECTRICAL RISER AND PANEL SCHEDULE

S-ELE-OCD-7-104 LIGHTING SCHEDULE AND DETAILS

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COMMUNICATIONS

S-SYS-OCD-7-001 GENERAL NOTES AND ABBREVIATIONS

S-SYS-OCD-7-101 SYSTEMS FLOOR PLAN

S-SYS-OCD-7-401

IT RACK LAYOUT AND ACCESS CONTROL PANEL LAYOUT

DETAILS

S-SYS-OCD-7-501 ACCESS CONTROL DETAILS

ART

S-ART-OCD-7-001 EXTERIOR WALL ART - RENDERING

S-ART-OCD-7-002 EXTERIOR WALL ART - OVERVIEW

S-ART-OCD-7-003 EXTERIOR WALL ART - MOUNTING TUBES

S-ART-OCD-7-004 EXTERIOR WALL ART - MIDDLE TUBING DETAIL

S-ART-OCD-7-005 EXTERIOR WALL ART - MOUNTING BAR DETAIL

S-ART-OCD-7-006 EXTERIOR WALL ART - FRAMING DETAIL

S-ART-OCD-7-007 EXTERIOR WALL ART - STUD MOUNTING RELATIONSHIP

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LIST OF SPECIFICATIONS

031000 – CONCRETE FORMING AND ACCESSORIES

032000 – CONCRETE REINFORCING

033000 – CAST-IN-PLACE CONCRETE

042000 – UNIT MASONRY

051200 – STRUCTURAL STEEL FRAMING

054000 – COLD-FORMED METAL FRAMING

061000 – ROUGH CARPENTRY

061600 - SHEATHING

064116 – PLASTIC-LAMINATE-CLAD ARCHITECTURAL CABINETS

071326 – SELF-ADHERING SHEET WATERPROOFING

072100 – THERMAL INSULATION

072726 – FLUID-APPLIED MEMBRANE AIR BARRIERS

074213.13 – FORMED METAL WALL PANELS

074293 – SOFFIT PANELS

075419 – POLYVINYL-CHLORIDE (PVC) ROOFING

076200 – SHEET METAL FLASHING AND TRIM

077100 – ROOF SPECIALTIES

079200 – JOINT SEALANTS

081113 – HOLLOW METAL DOORS AND FRAMES

083113 – ACCESS DOORS AND FRAMES

084113 – ALUMINUM-FRAMED ENTRANCES AND STOREFRONTS

087100 – DOOR HARDWARE

088000 – GLAZING

092900 – GYPSUM BOARD

093013 – CERAMIC TILE

095123 – ACOUSTICAL TILE CEILINGS

096513 – RESILIENT WALL BASE AND ACCESSORIES

096519 – RESILIENT FLOOR TILE

096723 – RESINOUS FLOORING

099123 – INTERIOR PAINTING

100900 – ART SCULPTURE

101400 – SIGNAGE

102600 – WALL AND DOOR PROTECTION

102800 – TOILET, BATH, AND LAUNDRY ACCESSORIES

104300 – EMERGENCY AID SPECIALTIES

104413 – FIRE EXTINGUISHER CABINETS

104416 – FIRE EXTINGUISHERS

122413 – ROLLER WINDOW SHADES

123661 – SIMULATED STONE COUNTERTOPS

124813 – ENTRANCE FLOOR MATS AND FRAMES

220517 – SLEEVES AND SLEEVE SEALS FOR PLUMBING PIPING

220518 – ESCUTCHEONS FOR PLUMBING PIPING

220519 – METERS AND GAGES FOR PLUMBING PIPING

220523 – GENERAL-DUTY VALVES FOR PLUMBING PIPING

220529 – HANGERS AND SUPPORTS FOR PLUMBING PIPING AND EQUIPMENT

220548 – VIBRATION AND SEISMIC CONTROLS FOR PLUMBING PIPING AND

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EQUIPMENT

220553 – IDENTIFICATION FOR PLUMBING PIPING AND EQUIPMENT

220719 – PLUMBING PIPING INSULATION

221116 – DOMESTIC WATER PIPING

221119 – DOMESTIC WATER PIPING SPECIALTIES

221316 – SANITARY WASTE AND VENT PIPING

221319 – SANITARY WASTE AND PIPING SPECIALTIES

223300 – ELECTRIC, DOMESTIC-WATER HEATERS

224216 – COMMERCIAL LAVATORIES

233423 – HVAC POWER VENTILATORS

236313 – AIR COOLED CONDENSERS

260519 – CONDUCTORS AND CABLES

260523 – CONTROL-VOLTAGE ELECTRICAL POWER CABLES

260526 – GROUNDING AND BONDING

260529 – HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS

260533 – RACEWAYS AND BOXES

260544 – SLEEVES AND SLEEVE SEALS FOR ELECTRICAL RACEWAYS AND CABLING

260548 – SEISMIC CONTROLS FOR ELCTRICAL SYSTEMS

260553 – ELECTRICAL IDENTIFICATION

260923 – LIGHTING CONTROL DEVICES

260943 – RELAY-BASED LIGHTING CONTROLS

262416 – PANELBOARDS

262726 – WIRING DEVICES

262813 – FUSES

262816 – ENCLOSED SWITCHES AND CIRCUIT BREAKERS

262816 – LOW VOLTAGE ELECTRICAL EQUIPMENT

262913 – ENCLOSED CONTROLLERS

263353 – STATIC UNINTERRUPTIBLE POWER SUPPLY SYSTEM

264313 – SURGE PROTECTION FOR LOW-VOLTAGE ELCTRICAL POWER CIRCUITS

265100 – INTERIOR LIGHTING

265600 – EXTERIOR LIGHTING

270528 – PATHWAYS AND OUTLETS FOR COMMUNICATIONS SYSTEM

271100 – DATA CENTER EQUIPMENT – RACKS, PANELS, FIBER CASSETTES AND PDUS

271500 – COMMUNICATIONS HORIZONTAL CABLING

272129 – DATA COMMUNICATIONS SWITCHES

272133 – WIRELESS ACCESS POINTS

282329 – VIDEO SURVEILLANCE REMOTE DEVICES AND SENSORS – PANORAMIC

CCTV CAMERA

310000 – EARTHWORK

312500 – EROSION CONTOLS

320116 – MILLING ASPHALT PAVEMENT

321123 – AGGREGATE BASE COURSE

321216 – ASPHALT CONCRETE PLANT MIX PAVEMENT

321217 – ASPHALT BINDER FOR PLANT MIX

321503 – INCIDENTAL STONE BASE

321613 – CONCRETE CURB AND GUTTER

321623 – CONCRETE SIDEWALK

321726 – TACTILE WARNINGS

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331000 – WATER DISTRIBUTION AND SERVICES

333000 – SANITARY SEWER COLLECTION SYSTEM

334111 – DRAINAGE PIPES

334900 – DRAINAGE STRUCTURES

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00 10 00 - ADVERTISEMENT FOR BIDS

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

PROJECT NAME: OLD CONCORD ROAD COMFORT STATION

PRE-BID DATE AND TIME: November 12, 2026 at 10 AM

PRE-BID TIME: 10 AM EDT

PRE-BID LOCATION: Virtual – MS Teams

To attend the Pre-Bid Meeting:

Microsoft Teams meeting Join: https://teams.microsoft.com/meet/293728731932566?p=fZa6b1DfOf1FmyO8x2 Meeting ID: 293 728 731 932 566 Passcode: xm7JB7XQ

Dial in by phone +1 872-256-4172

Phone conference ID: 858 410 042# Join on a video conferencing device Tenant key: cityofcharlotte@m.webex.com Video ID: 117 638 004 9 More info

SITE VISIT DATE AND TIME: November 12, 2026 at 1 PM SITE VISIT LOCATION: Old Concord Road Rail Station

BID DUE DATE AND TIME: December 3, 2026 at 2 PM

BID OPENING DATE AND TIME: December 3, 2026 at 3 PM BID OPENING LOCATION: Virtual – MS TEAMS at 3 PM

To attend the Bid Opening:

Microsoft Teams meeting Join: https://teams.microsoft.com/meet/215013155833798?p=RVaN2akyEQz3u1v8VP Meeting ID: 215 013 155 833 798 Passcode: 58cf7Z8L

Dial in by phone +1 872-256-4172 Phone conference ID: 840 230 844# Join on a video conferencing device Tenant key: cityofcharlotte@m.webex.com Video ID: 119 091 363 4 https://teams.microsoft.com/meet/293728731932566?p=fZa6b1DfOf1FmyO8x2 tel:+18722564172,,858410042 mailto:cityofcharlotte@m.webex.com https://www.webex.com/msteams?confid=1176380049&tenantkey=cityofcharlotte&domain=m.webex.com https://teams.microsoft.com/meet/215013155833798?p=RVaN2akyEQz3u1v8VP tel:+18722564172,,840230844 mailto:cityofcharlotte@m.webex.com

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SCOPE OF WORK: This Project includes the construction and installation of a standalone bus driver comfort station at the CATS Old Concord Road Park & Ride.

The contractor will provide all labor, materials, equipment, permitting, and coordination necessary to deliver a fully functional facility that meets CATS operational, accessibility, and safety requirements.

The comfort station will include a single-occupancy restroom with a toilet, sink, ventilation system, interior lighting, heating and cooling, and durable, easy‑to‑maintain interior finishes. The unit will be designed for year‑round operation and shall connect to existing site utilities, including water, sewer, electrical power, and communications as required. Site work will include minor grading, utility trenching, concrete pad installation, and restoration of any disturbed areas.

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00 20 00 - INSTRUCTIONS TO BIDDERS (AIA # A701)

(10 separately number pages)

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00 40 00 - BID FORMS AND SUPPLEMENTS

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

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BID FORM

ALL BLANKS MUST BE COMPLETED

BIDDER NAME:

BID NUMBER: 269-2027-2015

UNIT PRICES:

The following unit prices are to be included in the lump sum base bid below and are further defined in the specifications under DIVISION 01 SECTION 01 22 00 – UNIT PRICES.

ITEM #: DESCRIPTION UNIT UNIT PRICE

UP1

Milling Placement of Asphalt Pavement per 32 01 16.01. SY

UP2

Asphalt Concrete Surface Course, Type S9.5C per 32 12 16.05 SY

ALLOWANCES: None The following allowances are to be included in the lump sum base bid below and are further defined in the specifications under DIVISION 01 SECTION 01 21 00 - ALLOWANCES.

ITEM #: DESCRIPTION UNIT UNIT PRICE

01 Milling of Asphalt Pavement per 32 01 16.01. SY 02 Asphalt Concrete Surface Course, Type S9.5C per 32

12 16.05

SY

GENERAL SCOPE OF WORK:

Base Bid includes Unit Prices and Allowances.

Do NOT Include any North Carolina Sales & Use Tax that qualifies as eligible reimbursement per Division 00 Section 00 70 00 of this Project Manual.

BASE BID: $

+ 5% CONTINGENCY:

TOTAL BASE BID: $

ALTERNATE: N/A

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SUBCONTRACTORS:

List the major subcontractors to perform the work on this project indicated below and the contract amount of each.

Name of Firm Contract Amount

Mechanical $

Plumbing $

Electrical $

General $

ACKNOWLEDGEMENT OF ADDENDA:

The undersigned acknowledges receipt of the following addenda:

No. _______ Dated: ____________ No. _______ Dated: ____________

[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]

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SUBMITTED BY:

The undersigned agrees to begin work promptly upon receipt of Notice to Proceed and to pursue the work with an adequate work force to complete the work within 300 calendar days from the Notice to Proceed. Liquidated Damages of $800 per calendar day are hereby agreed upon as assessment from the Contractor for failure to complete the work within the time period stated herein.

Type of Bidder: Sole Proprietor Partnership Corporation Limited Liability Company (check 1 box) Joint Venture

(if joint venture, complete this “Execution of Bid” sheet for each joint venture company and identify the “Name of Joint Venture” on each sheet)

NAME OF JOINT VENTURE: _________________________________________________________

Company Name:

Mailing Address:

City/State/Zip:

Telephone: Email:

Printed Name: Title:

Signature: North Carolina License Number:

Subscribed and sworn to before me this day of 20___

Signature of Notary Public of County

State of

My Commission Expires:

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SUBSTITUTION REQUEST FORM FOR BID PHASE

BID OPENGING

DATE: December 3, 2026

PRODUCT AND / OR FABRICATION METHOD:

SPECIFICATION SECTION:

RELATED DRAWINGS:

CRITERIA OR SPECIFIED PRODUCT INCLUDED

Product Data

Fabrication Drawings

Samples Where Applicable

List of changes or Modifications Needed to Work as Noted in Spec

CRITERIA OR SPECIFIED PRODUCT INCLUDED

Product Data

Fabrication Drawings

Samples Where Applicable

List of changes or Modifications Needed to Work as Noted in Spec

The substitution proposed is equal-to or better in every respect to that required by the Contract Documents, and it will perform equal or superior to product specified in the application indicated. The Contractor waives right to additional payment or time, that may subsequently become necessary because of the failure of the substitution to perform adequately.

Signature of Authorized Representative (or Designee)

(Print Name)

(Title)

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ROOFING MANUFACTURER’S ACKNOWLEDGEMENT

Project Name: OLD CONCORD ROAD COMFORT STATION Project Address: 4932 Orchid Bridge Rd, Charlotte, NC 28213

Bid Number: 269-2027-2015

Owner: City of Charlotte Company (Roofing Contractor)

Company’s Address:

Company’s City, State, Zip

Company’s Telephone:

This is to advise the Owner that having thoroughly reviewed the Specifications and Drawings contained within the Project Manual dated October 18, 2026, the above-titled project, we acknowledge that the roof system(s) and flashing system(s) specified are suitable for the issuance of the specified Manufacturer's warranty on this project and have been tested and approved for the wind uplift pressures outlined in the project specifications. Having reviewed the project requirements in detail, the Manufacturer will provide a written response of exceptions to the Engineer through the contractor before five (5) days of the bid due date or as otherwise outlined in the Instructions to Bidders, if conflicts exist between the Manufacturer's warranty requirements and the above listed documents. Exceptions not submitted accordingly are subject to rejection. The manufacturer also certifies that the installer is approved, authorized, or licensed by the manufacturer to install the specified roof system and is eligible to provide the specified manufacturer's warranty. The manufacturer will comply with the specified requirements for on-site technical support.

Print or type name of manufacturer's designated Liaison on this project

Telephone and Email

Roof Manufacturer's Company Name

Roof Manufacturer Representative's Signature Date

Roof Manufacturer Representative's Name Title

Roof Manufacturer's Address

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(State), County of

I, , a Notary Public for County, (State), do hereby certify that personally appeared before me this day and acknowledged the due execution of the foregoing instrument.

Witness my hand and official seal, this day of , 20 .

(OFFICIAL SEAL)

Notary Public

My commission expires , 20 .

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EXPERIENCE MODIFICATION RATING (EMR) FACTOR LETTER

An EMR of .9 or less, averaged over the last three (3) years, is required to be considered for award of this project. A letter, on Insurance Carrier’s letterhead, documenting EMR Factor rating is required at time of Bid and must be included in the Bid Submission. The information is to be outlined as follows:

EMR Rating for Year 2025-2026 ______% EMR Rating for Year 2024-2025 ______% EMR Rating for Year 2023-2024 ______%

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00 50 00 – STANDARD FORM OF AGREEMENT BETWEEN OWNER AND

CONTRACTOR (AIA #A101)

(9 separately number pages)

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00 55 00 – FEDERAL TRANSIT ADMINISTRATION SUPPLEMENTAL CONDITIONS

ARTICLE 1: FEDERAL CONTRACTING REQUIREMENTS

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

1.1 THE CONTRACTOR SHALL COMPLY WITH ALL FEDERAL REQUIREMENTS

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

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

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

D. These FTA Terms identify and summarize many provisions of Federal Law. However, the

Contractor acknowledges and agrees that the Contractor is fully and ultimately responsible for identifying and learning about all provisions of Federal Law. If these FTA Terms omit any provision or requirement of Federal Law, the Contractor shall remain fully responsible for identifying and learning about that provision or requirement and for fully satisfying the Contractor’s obligations under Article 1.C of these FTA Terms with respect to that provision or requirement. The Contractor will not be excused from ensuring full compliance with any provision or requirement of Federal Law because that provision or requirement is omitted from these FTA Terms, nor will the Contractor have any remedy because any such provision or requirement has been so omitted.

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

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

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

1.2 ACCESS TO CONTRACT RECORDS AND THE PROJECT SITE

A. For purposes of this Article 1.2 of these FTA Terms, “Contract Records” means all documents (whether in hard copy, digital, or other format) that refer or relate to any aspect of this Contract, of the Contractor’s performance under this Contract, of the Work, or of the Project.

For example, Contract Records include all the following to the extent that they refer or relate to any aspect of this Contract, of the Contractor’s performance under this Contract, of the Work, or of the Project: subcontracts, contracts with suppliers and other third parties, invoices and other billing records, audits and other financial and accounting records, memos, letters, and emails.

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

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

B. Through and including the Retention End Date, (a) the Contractor shall retain and maintain all Contract

Records that the Contractor ever creates, receives, or otherwise possesses or controls so that those Contract Records are always complete, legible, and readily accessible, (b) as the City may request from time to time, the Contractor shall promptly make any and all Contract Records available for inspection and copying by the City, by the federal government, and by their respective contractors and agents, and

(c) the Contractor shall comply with all requirements imposed by 2 CFR § 200.334.

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

(a) retain and maintain all Contract Records that the subcontractor or supplier ever creates, receives, or otherwise possesses or controls so that those Contract Records are always complete, legible, and readily accessible, (b) as the City may request from time to time, promptly make any and all Contract Records in that subcontractor’s or that supplier’s possession or control available for inspection and copying by the

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City, by the federal government, and by their respective contractors and agents, and (c) comply with all requirements imposed by 2 CFR § 200.334.

D. In addition to taking all other necessary and appropriate steps to satisfy its obligations under Article

1.2.B(2) of these FTA Terms, the Contractor shall ensure that each subcontract and each supplier contract includes provisions requiring that the subcontractor or the supplier retain, maintain, and make available Contract Records as required by Article 1.2.B(2).

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

F. In any litigation, legal proceeding, or other dispute-resolution proceeding involving the City and the

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

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

1.3 BUY AMERICA

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

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

C. The Contractor shall ensure that each subcontractor and each supplier providing any material, equipment, or other product for the Work or for the Project: (1) fully complies with the Buy America Requirements,

(2) provides the City, in accordance with this Article 1.3, with all certifications that might be requested or required from time to time by the City or by the federal government related in any way to that subcontractor’s or that supplier’s compliance with the Buy America Requirements, and (3) fully complies with all other requirements that this Article 1.3 contemplates for, or imposes on, subcontractors or suppliers. In addition to taking all other necessary and appropriate steps to satisfy its obligations under this Article 1.3.C, the Contractor shall ensure that each subcontract and each supplier contract related to the Work or to the Project includes provisions requiring that the subcontractor or the supplier fully comply with all Buy America Requirements and with this Article 1.3.

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

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

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

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

H. The Contractor acknowledges and agrees that, to the extent that the Contractor or any subcontractor or any supplier provides any rolling stock for the Work or for the Project, the “Buy America Requirements” for purposes of this Article 1.3 also include all requirements imposed by 49 U.S.C. § 5323(j)(2)(C) and 49 CFR § 661.11, as those provisions may be amended from time to time. It is solely the Contractor’s responsibility to determine whether the Contractor, each subcontractor, and each supplier will provide any rolling stock such that 49 U.S.C. § 5323(j)(2)(C) or 49 CFR § 661.11 apply.

1.4 CIVIL RIGHTS LAWS AND REGULATIONS

A. The Contractor acknowledges that the City is subject to all applicable federal civil rights laws and regulations and with 49 U.S.C. § 5323(h)(3) to the extent that the statute is applicable. The Contractor acknowledges and agrees that “Federal Law” for purposes of Article 1.1 of these FTA Terms includes all applicable federal civil rights laws and regulations, as they might be amended from time to time. Some of

October 18, 2026 Page 46 of 114 those civil rights laws and regulations are identified and summarized below, and the Contractor acknowledges that its obligations under Article 1.1 of these FTA Terms include an obligation to fully comply with the laws and regulations identified below and to ensure that all suppliers and all subcontractors fully comply with those laws and regulations. In addition to taking all other necessary and appropriate steps to satisfy its obligations under this Article 1.4, the Contractor shall ensure that each subcontract and each supplier contract related to the Work or to the Project includes provisions requiring that the subcontractor or the supplier fully comply with this Article 1.4 and with all applicable federal civil rights laws and regulations. Applicable federal civil rights laws and regulations include, for example:

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

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

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

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

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

74087 and dated December 14, 2005.

vi. Environmental Justice. The Contractor shall facilitate compliance with, and shall ensure that all suppliers and all subcontractors facilitate compliance with: (1) Executive Order No. 12898 (“Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations”) found at 42 U.S.C. § 4321 note and (2) United States Department of Transportation Order 5620.3 (“Department of Transportation Actions To Address Environmental Justice in Minority Populations and Low-Income Populations”) found at 62 Fed. Reg. 18377 et seq. and dated April 15, 1997.

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1.5 EMPLOYEE PROTECTIONS

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

A. Minimum Wages

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

Act of 1937 or under the Housing Act of 1949 in the construction or development of the Project), shall be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by the regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers and mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work performed, without regard to skill, except as provided in 29 CFR § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time worked therein: Provided, that the employers’ payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (1)(ii) of this section) and the Davis-Bacon Poster (WH-1321) shall be always posted by the Contractor and its subcontractors at the site of the Work in a prominent and accessible place where it can be easily seen by the workers.

(ii)

(A) The City shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination, and which is to be employed under the Contract shall be classified in conformance with the wage determination. The City shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:

(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and

(2) The classification is utilized in the area by the construction industry; and

(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.

The Contractor must submit all requests for conformance to Terrence Watson, Terrence.Watson@charlottenc.gov, for City approval.

(B) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the City agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of action taken shall be sent by the City to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within thirty days of receipt and so advise the City or will notify the City within the thirty-day period that additional time is necessary.

mailto:Terrence.Watson@charlottenc.gov

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(C) In the event the Contractor, the laborers, or mechanics to be employed in the classification or their representatives, and the City do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the City shall refer the questions, including the views of all interested parties and the recommendation of the City, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within thirty days of receipt and so advise the City or will notify the City within the thirty-day period that additional time is necessary.

(D) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this Contract from the first day on which work is performed in the classification.

(iii) Whenever the minimum wage rate prescribed in this Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.

(iv) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.

(2) Withholding. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this Contract or any other Federal contract with the same contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers employed by the Contractor or any subcontractor the full amount of wages required by the Contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the Work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the Project), all or part of the wages required by the Contract, the City may, after written notice to the Contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.

(3) Payrolls and Basic Records

(i) Payrolls and basic records relating thereto shall be maintained by the Contractor during the Work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the Work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the Project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made, and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR § 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.

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(ii)

(A) The Contractor shall submit weekly for each week in which any Contract Work is performed a copy of all payrolls to the City for transmission to the FTA. The payrolls submitted shall set out accurately and completely all the information required to be maintained under 29 CFR § 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead, the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee’s social security number). The required weekly payroll information may be submitted into the City’s LCP Tracker System at https://lcptracker.com/. The information to be included in the City’s LCP Tracker System is the same information required on the USDOL’s WH-347 form. The Contractor is responsible for the submission of copies of payrolls by all subcontractors. The Contractor and subcontractors shall maintain the full social security number and current address of each covered worker and shall provide them upon request to the City for transmission to the FTA, the Contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for the Contractor to require a subcontractor to provide addresses and social security numbers to the Contractor for its own records, without weekly submission to the FTA or the City.

(B) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the Contract and shall certify the following:

(1) That the payroll for the payroll period contains the information required to be provided under 29 C.F.R.

§ 5.5(a)(3)(ii), the appropriate information is being maintained under 29 C.F.R. § 5.5(a)(3)(i), and that such information is correct and complete;

(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on…