SIA Harrisburg Road Shared-Use Path (Fire Station 40 to Camp Stewart Road).pdf

CHARLOTTE DEPARTMENT OF TRANSPORTATION

PROJECT MANUAL

FOR

SIA Harrisburg Road Shared-Use Path (Fire Station 40 to Camp Stewart Road)

PROJECT NUMBER:

PJ2430101021

BID NUMBER:

269-2027-005

CITY OF CHARLOTTE, NORTH CAROLINA

ADVERTISEMENT DATE: JULY 1, 2026

2024 NCDOT STANDARD SPECIFICATIONS

v.9-12-2024 (Bonfire Version)

Project #: PJ2430101021 Division 00 - Procurement & Contracting Requirements Project Name: SIA Harrisburg Road SUP (Fire Station 40 to Camp Stewart Road)

INTRODUCTION 00 01 00 - 1

PROFESSIONAL ENGINEER SEAL

(Project Special Provisions Prepared for the City of Charlotte, General Services, 600 East Fourth Street, Charlotte, North Carolina 28202):

6/30/2026

INTRODUCTION 00 01 00 - 2

TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

00 10 00 – INVITATION TO BID

00 20 00 – INSTRUCTIONS TO BIDDERS

ARTICLE 1: DEFINITIONS

ARTICLE 2: BIDDER’S REPRESENTATIONS

ARTICLE 3: BIDDING PROCEDURES

ARTICLE 4: BID AWARDS AND REJECTIONS

ARTICLE 5: POST-AWARD

00 40 00 – BID FORMS AND SUPPLEMENTS

ITEMIZED BID

CBI FORM 3 - Subcontractor / Supplier Utilization Commitment

COMMERCIAL NON-DISCRIMINATION CERTIFICATION

EXECUTION OF BID

00 50 00 – ACCEPTANCE BY THE CITY

00 55 00 – CHARLOTTE BUSINESS INCLUSION (CBI) PROGRAM

00 60 00 – PROJECT FORMS

00 70 00 – STANDARD SPECIAL PROVISIONS

ARTICLE 1: NCDOT STANDARD SPECIFICATIONS

1.1 NCDOT Standard Specifications

1.2 ERRATA

ARTICLE 2: CITY STANDARD PROVISIONS

2.1 Curb and Gutter Tapers and Transitions

2.2 Pipe Culverts

2.3 Existing Utilities

2.4 CDOT Street Maintenance Division Street Cut Regulations

2.5 Concrete

2.6 Reclamation of Waste or Borrow Sources

2.7 Hazardous Materials

2.8 Sedimentation Pollution Control Act

2.9 Construction Stakes, Lines, and Grades

2.10 Maintenance of the Project

2.11 Storage of Materials and Equipment

2.12 Subletting

2.13 Quantity Tickets

2.14 Periodic Payments

2.15 Final Payment

2.16 Payment Reporting

2.17 Sales and Use Tax

INTRODUCTION 00 01 00 - 3

2.18 Allowances

2.19 Commercial Non-Discrimination Policy

2.20 E-Verify

2.21 Iran / Israel

2.22 Indemnification

2.23 Guarantee

2.24 Insurance Requirements

2.25 Holiday Work Restrictions

2.26 Drainage Structures

2.27 Termination

2.28 Dispute Resolution

2.29 Surface Water Quality Protection

2.30 Prohibition of Use of High PAH Pavement Products

2.31 Billing Records

00 75 00 – PROJECT SPECIAL PROVISIONS

ARTICLE 1: GENERAL REQUIREMENTS

1.1 Contract Time

1.2 Liquidated Damages

ARTICLE 2: SPECIAL PROVISIONS (SP)

SP-01, COMPREHENSIVE GRADING

SP-02, EARTHWORK, EXCAVATION, UNSUITABLE MATERIALS, AND BACKFILL MATERIALS

SP-03, SELECT MATERIAL

SP-04, EROSION CONTROL

SP-05, 6” CONCRETE SHARED-USE PATH (SUP)

SP-06, TRAFFIC CONTROL

SUPPLEMENTAL DOCUMENTS

Utilities by Others (UBO) – Special Provisions: Harrisburg Road Shared-Use Path

00 90 00 – ADDENDA

INTRODUCTION 00 01 00 - 4

LIST OF PLANS

INVITATION TO BID 00 10 00 - 1

00 10 00 – INVITATION TO BID

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

PROJECT NAME: SIA Harrisburg Road Shared-Use Path (Fire Station 40 to Camp Stewart Road)

BID NUMBER: 269-2027-005

PRE-BID DATE: July 8, 2026

PRE-BID TIME: 11:00 AM

PRE-BID LOCATION: Microsoft Team Meeting Only

Join the meeting now Meeting ID: 213 551 978 134 326 Passcode: pD6sZ9vK

Dial in by phone +1 872-256-4172,,770969865# United States, Chicago Find a local number Phone conference ID: 770 969 865#

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

BID DUE DATE: July 30, 2026 BID DUE TIME: Before 1:00 PM

BID SUBMISSION LOCATION: Bids must be submitted electronically through the Procurement Portal

(https://charlottenc.bonfirehub.com)

BID OPENING DATE: July 30, 2026

BID OPENING TIME: 1:00 PM

BID OPENING LOCATION: Microsoft Team Meeting Only

Join the meeting now Meeting ID: 284 534 504 127 974 Passcode: F7uT9G6B Dial in by phone

+1 872-256-4172,,175449339# United States, Chicago Find a local number Phone conference ID: 175 449 339#

NOTICE TO BIDDERS

(As a precautionary measure due to COVID-19), the City will hold all Bid Opening Meetings via conference call or video conference only until further notice.

DESCRIPTION OF WORK:

This project consists of constructing a new shared-use path (SUP) along Harrisburg Rd between Fire Station 40 and Camp Stewart Rd. The project will provide a safe and accessible space for pedestrians and cyclists, as well as improve connectivity and mobility within the surrounding community.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_NWM3OTMzYjItZTgwOS00MzIzLWI3ZjAtODc5ZmE0MmEwZTdh%40thread.v2/0?context=%7b%22Tid%22%3a%223392a0ee-6ccb-49c5-94b5-f5e6d8a665d6%22%2c%22Oid%22%3a%2232c03a29-7099-4cfd-8869-d999a4c32a18%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_M2I1NjQzMTEtMjg3MC00ZjUzLTkyZWItN2NjMjNjYzIxNmRk%40thread.v2/0?context=%7b%22Tid%22%3a%223392a0ee-6ccb-49c5-94b5-f5e6d8a665d6%22%2c%22Oid%22%3a%2232c03a29-7099-4cfd-8869-d999a4c32a18%22%7d

INVITATION TO BID 00 10 00 - 2

Bidding documents, which include a downloadable copy of one (1) Project Manual and one (1) full-size Drawing set, are available for free from the Procurement Portal.

Bidders must be properly licensed under North Carolina state law to perform the work.

A 5% bid security is required with each bid that equals or exceeds $300,000.

The estimated cost of this Project is between $500,000 - $999,999.

For information regarding this Invitation to Bid, contact as follow:

Haley Lay, Contracts Administrator

600 East Fourth Street, Charlotte, NC 28202 Direct Phone: (980) 395-2613 Email: Haley.Lay@charlottenc.gov

Please submit questions or inquiries at least seven (7) calendar days before the Bid Due Date. Questions or inquiries past this deadline may not be addressed by the City prior to the Bid Due Date. Questions or inquiries should be submitted in writing through the Vendor Discussions section of the Procurement Portal (https://charlottenc.bonfirehub.com).

The City of Charlotte reserves the right to reject any and all bids and to waive any informalities or technicalities as it may deem to be in its best interest.

This project is subject to the requirements of the City’s Charlotte Business INClusion Program to promote diversity, inclusion, and local business opportunities in the City’s contracting and procurement process for Minority, Women, and Small Business Enterprises headquartered in the Charlotte Combined Statistical Area.

Following Charlotte Business INClusion goals have been established for this project:

MWSBE = 10%

Questions relating to the CBI Program should be addressed in writing to:

Joshua Burrus, Business Inclusion Specialist Lead Email: Joshua.Burrus@charlottenc.gov

INSTRUCTIONS TO BIDDERS 00 20 00 - 1

00 20 00 – INSTRUCTIONS TO BIDDERS

ARTICLE 1: DEFINITIONS

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

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

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

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

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

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

6) “City Engineer” shall mean the “Head of the City of Charlotte Engineering and Project Management

Division”.

7) “City Standard” shall mean the latest edition of the applicable “Charlotte Land Development Standards

Manual (CLDSM)”, “Charlotte-Mecklenburg Storm Drainage Design Manual”, “Charlotte Mecklenburg BMP Design Manual” and “Charlotte-Mecklenburg Utility Department Policies, Procedures, Standards and Specifications”

8) “Construction Manager”, “Engineer”, “Division Engineer” or “Resident Engineer” shall mean the City Engineer’s duly authorized Construction Manager to oversee the construction of the project

9) “Contract” shall mean the reciprocal undertakings, obligations, and rights of the City and the Contractor evidenced by the executed agreement and other Contract Documents between the City and the Contractor, covering the performance of and compensation of the Work.

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

11) “Contract Documents” shall consist of the Project Manual, all forms from Section 00 40 00, Bonds and Certificate of Insurance,, Acceptance by the City, and any change orders issued after execution of the contract.

12) “Date of Availability” shall mean “Notice to Proceed Date”

13) “Department”, “Department of Transportation”, “Division of Highways”, and “Raleigh Central Office” shall all mean “City of Charlotte General Services”.

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

15) “Project Manual” shall mean the complete set of bidding documents issued by the City of Charlotte

General Services to include the Invitation to Bid, Instructions to Bidders, Bid Forms, sample project forms, conditions and special provisions of the contract, addenda issued prior to the execution of the contract, and drawings.

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

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

18) “Supplemental Agreements” shall mean “Change Orders”

INSTRUCTIONS TO BIDDERS 00 20 00 - 2

ARTICLE 2: BIDDER’S REPRESENTATIONS

2.1 Contractor’s Licenses

Bidders shall be properly licensed under North Carolina state law to perform the Work specified in the Bidding Documents and per SECTION 102-14 of the NCDOT Standard Specifications. Bids received from bidders not meeting the applicable Contractors’ licensure requirements as required by law and as determined by the Engineer’s estimate may be considered non-responsive and may not be considered for award.

2.2 Bidder Qualifications

Bidders must be experienced in the class of work proposed who can refer to projects of similar magnitude and scope that have been successfully completed by them within the past three (3) years. Bidders to whom award of a Contract is under consideration may be required to submit to the City, upon request, a properly executed Contractor’s Qualifications Statement. The Contractor’s Qualifications Statement may include, but is not limited to, the Bidder’s past projects, financial capability, staff qualifications and availability, references, litigation or claims against the Bidder, list of equipment available to execute the Work and NCDOT pre-qualification status. The City reserves the right to request such qualifications from Bidders as part of its bid evaluation. The Bidder’s failure to submit the requested Qualifications Statement within the timeframe specified by the City may be grounds for bid rejection.

2.3 Site Investigation and Conditions Affecting the Work

By submitting a bid, Bidders certify to have carefully examined the Project site and familiarized themselves with the existing conditions on the Project, affecting the cost and execution of the work as described in Section 102-6 of NCDOT Standard Specifications.

ARTICLE 3: BIDDING PROCEDURES

3.1 Electronic Bids

All bids shall be prepared and submitted in accordance with the following requirements. Failure to comply with any of the requirements may cause the bid to be considered irregular and may be grounds for bid rejection.

1) Obtain an account on the Procurement Portal ‘Bonfire’ to bid electronically at https://charlottenc.bonfirehub.com.

2) Download and read carefully the Project Manual, Plans, and other supplemental documents related to this project from the Procurement Portal.

3) Download electronic bid submittal forms from the Procurement Portal. Bid submittal forms includes 1) Itemized Bid Form, 2) CBI Form -3 : Subcontractor / Supplier Utilization Commitment , 3) Commercial Non- Discrimination Certification Form, and 4) Execution of Bid Form. Each form must be completed in its entirety. Upon completion, bidders shall upload them back on the Procurement Portal as part of the bid submittal. Failure to complete and submit the required forms may be grounds for bid rejection.

4) Itemized bid form in Microsoft Excel format must be completed in its entirety. Bidders shall enter a unit price for each line item requiring a bid amount. The electronic version of the Itemized Bid Form will contain formulas to calculate the extensions, percentages and totals which shall not be altered by the bidders.

5) The bid shall be accompanied by a bid bond or bid deposit when applicable. The bid bond shall be prepared in accordance with Article 3.3 Bid Security of this section.

6) Addenda will be published on the Procurement Portal. Bidders shall be responsible for inquiring if any addendum has been issued and shall acknowledge receipt of all addenda on the “Execution of Bid” Form.

All addenda shall become part of the Contract Documents whether or not received or acknowledged by the Bidder.

7) All bids shall be submitted with an electronically affixed digital signature. Affixing a digital ID to the bid shall be equivalent of signing before a notary public. If the bidder does not have such digital ID, a wet signature will be acceptable when it is notarized on the bid form.

INSTRUCTIONS TO BIDDERS 00 20 00 - 3

8) On the day of the bid opening, bids will be opened and read publicly at the time mentioned on the Invitation to Bid.

3.2 The Project Manual

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

3.3 Bid Security

A five-percent (5%) bid security is required with each bid that equals or exceeds $300,000. Bid Bond or Bid Deposit, made payable to the City of Charlotte, must be provided in accordance with Section 102-10 of NCDOT Standard Specifications.

3.3.1 Electronic Execution of Statutorily-Required Bid Bond

Traditionally, the City has required bonds to be submitted as hard copies with wet signatures. Until further notice, the City will also accept electronically executed bid bonds to satisfy the requirements of N.C.G.S. 143-129(b). In order for electronically executed bid bonds to be valid, a principal and N.C. licensed surety must agree to transact by electronic means. Additionally, the City requires the bidder and surety to use digital signatures that have the following characteristics: (a) each signature is unique to the person using it; (b) the signatures are capable of certification; and (c) each signature is under sole control of the person using it. The notary requirement is waived for bid bonds that are signed electronically.

The bid bond must meet all other statutory criteria for bid bonds and must be submitted in compliance with the Instruction to Bidders. The City reserves the right to reject bid bonds that do not meet the above criteria.

3.4 Sales and Use Tax

Refer to Section 00 70 00 of this Project Manual for additional information on sales and use tax. The City reserves the right to request from the bidder after bid opening the estimated amount of total Eligible Taxes that were used to calculate the Bid and any supporting documentation of such. The Bidder, in submitting the Bid for consideration, agrees to provide any such sales or use tax estimates or documentation that may be requested by the City.

ARTICLE 4: BID AWARDS AND REJECTIONS

4.1 Bid Opening

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

4.2 Rejection of Bids and Disqualification of Bidders

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

4.3 Award and Execution of Contract

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

The City will award the contract or contracts conditioned upon funds being available for construction and other governmental approvals as may be required.

The City reserves the right to accept Alternates in any order or combination. The City further reserves the right to determine the low bidder on the basis of the Total Base Bid with Accepted Alternates.

ARTICLE 5: POST-AWARD

5.1 Bonds and Insurance

For bids equal to or greater than $300,000, the successful bidder shall provide the City with performance and payment bonds each in the amount equal to one hundred percent (100%) of the contract amount. Bonds shall be

INSTRUCTIONS TO BIDDERS 00 20 00 - 4

submitted to the City upon ten (10) calendar days of award of the Contract and shall be in conformance with NC GS 44A-33. Failure to provide acceptable bonds within ten (10) calendar days of award of the Contract shall be just cause for forfeiture of the bid bond or bid deposit and rescinding the award of the Contract. Award may then be made to the next lowest responsive, responsible bidder or the Project may be re-advertised at the City’s sole discretion.

The Contractor shall submit to the City within ten (10) calendar days of recommendation of award of the Contract a certificate of insurance in the minimum amounts required in the Contract Documents.

5.1.1 Electronic Execution of Statutorily-Required Performance and Payment Bonds Traditionally, the City has required bonds to be submitted as hard copies with wet signatures. Until further notice, the City will also accept electronically executed performance and payment bonds to meet the requirements of N.C.G.S. 143-129(c) and Article 3 of Chapter 44A of the General Statutes. In order for electronically executed bonds to be valid, a principal and N.C. licensed surety must agree to transact by electronic means. Additionally, the City requires the bidder and surety to use digital signatures that have the following characteristics: (a) each signature is unique to the person using it; (b) the signatures are capable of certification; (c) each signature is under sole control of the person using it; and (d) each signature is linked to document in such a manner that if the text of the document is changed, the electronic signature is invalidated. The notary requirement is waived for payment and performance bonds that are signed electronically and electronically submitted.

Per N.C.G.S. 44A-33, bonds are still required to be submitted to the City upon ten (10) calendar days of award of the Contract.

The bonds must meet all other statutory criteria for payment and performance bonds and must be submitted in compliance with the Instruction to Bidders. The City reserves the right to reject payment and performance bonds that do not meet the above criteria.

5.2 Pre-Construction Conference

A pre-construction conference will be scheduled as soon as practical after award of the Contract. The Contractor shall attend the pre-construction conference with the prospective project superintendent, any anticipated major subcontractors and major suppliers. A proposed progress schedule in a form satisfactory to the Construction Manager and a statement of the anticipated monthly progress payments showing the percent of progress each month shall be submitted by the Contractor to the City. The Contractor shall also provide at least two (2) local telephone numbers that may be used to contact the Contractor or the Contractor’s authorized representative in the event of an emergency after normal business hours. The Contractor shall also provide the name of the Contractor’s on-site representative who is OSHA certified for trenching, shoring, and confined space entry.

5.3 Notice to Proceed

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

BID FORM AND SUPPLEMENTS Initials: _______ 00 40 00 - 1

00 40 00 – BID FORMS AND SUPPLEMENTS

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

BID FORM AND SUPPLEMENTS Initials: _______ 00 40 00 - 2

ITEMIZED BID

Bidder Name:

Project #: PJ2430101021

Project Name: SIA Harrisburg Road SUP (Fire Station 40 to Camp Stewart Road)

SECTION 1: BID

Item # Section # Description Qty Unit Unit Price ($) Amount Bid ($)

(Qty x Unit Price)

1 800 Mobilization 1 LS

2 SP-01 Comprehensive Grading 1 LS

3 SP-03 Select Material 20 TN

4 226 Undercut Excavation 20 CY

5 SP-04 Erosion Control 1 LS

6 310 15" R.C. Pipe Culverts, Class IV 31 LF

7 310 18" R.C. Pipe Culverts, Class IV 18 LF

8 310 18" Pipe End Section 2 EA

9 838 Endwalls 1.2 CY

10 840 Pipe Plugs 1 CY

11 848 6" Concrete Driveways 94 SY

12 SP-05 6” Concrete Shared-Use Path (SUP) 1290 SY

13 876 Riprap (Class B) 58 TN

14 876 Geotextile for Drainage 111 SY

15 SP-06 Traffic Control 1 LS

Subtotal

10% Contingency

Total Bid

Do not include any North Carolina Sales and Use Tax that qualifies as Eligible Taxes per Section 00 70 00, Subsection 2.17 “Sales and Use Tax”.

BID FORM AND SUPPLEMENTS Initials: _______ 00 40 00 - 3

CBI FORM 3 - Subcontractor / Supplier Utilization Commitment (page 1 of 2)

This form MUST be submitted at the time of Bid Opening. Copy this CBI Form 3 as needed.

Failure to properly complete and submit Form 3 with the Bid constitutes grounds for rejection of the Bid.

Per Section 3.5 of the CBI Administrative Procedures Manual, the Subcontractor/Supplier Utilization Commitment (CBI Form 3), captures information regarding the MWSBEs and other subcontractors and suppliers that the Bidder intends to use on the Contract FOR ALL TIERS.

For Construction Contracts under $500,000, M/W/SBEs must satisfy the requirements of Section 2 of the CBI Administrative Procedures Manual in order to count the work they intend to perform on the contract with its own current workforces towards the established Subcontracting Goal, and must list themselves below along with their projected utilization amount.

Bidder Name:

Project Name: SIA Harrisburg Road SUP (Fire Station 40 to Camp Stewart Road)

Established MWSBE Goal: 10% Established MBE Goal:

Established MSBE Goal: Established WBE Goal:

Established SBE Goal:

List below all M/W/SBEs (Non-Hauling Services) that you intend to use on this Contract. NOTE: You will only receive credit for M/W/SBEs that are currently certified with the City as of the Bid Opening Date.

M/W/SBE Vendor Name (Non-Hauling Services)

Description of work / materials NIGP Code Total Projected Utilization ($)

For all hauling services on this Contract, list below all SBEs and MBEs that you intend to provide such work and the Total Projected Utilization ($).

M/W/SBE Vendor Name (Hauling Services)

Description of work / materials NIGP Code

Total Subcontractor / Supplier Utilization (including SBEs, MBEs, WBEs, and Non-MWSBEs) $

Total MBE Utilization $

Total WBE Utilization $

Total SBE Utilization $

Total MWBE/MSBE Utilization (if goal listed above is combined) $

Total Bid Amount (including Contingency) $

Percent MBE Utilization* (Total MBE Utilization divided by Total Bid Amount) %

Percent WBE Utilization* (Total WBE Utilization divided by Total Bid Amount) %

Percent SBE Utilization* (Total SBE Utilization divided by Total Bid Amount) %

Percent MWSBE Utilization* (Total MWSBE Utilization divided by Total Bid Amount) %

* The M/W/SBE Utilization percentage stated MUST be rounded to (2) decimal places.

Version 06-2023

BID FORM AND SUPPLEMENTS Initials: _______ 00 40 00 - 4

CBI FORM 3: Subcontractor / Supplier Utilization Commitment (page 2 of 2)

List below all non-M/W/SBEs (subcontractors and suppliers) that you intend to use on this Contract

Vendor Name Description of work / materials NIGP Commodity Code

Projected Utilization (if known) ($)

Letters of Intent submitted upon notice from the City Per Section 3.5 of the CBI Administrative Procedures Manual, within three (3) Business Days after receiving a request from the City (or within such longer time as may be communicated by the City in writing), Bidders must submit a separate Letter of Intent (CBI Form 4) for each M/W/SBE listed on CBI Form 3. Each Letter of Intent must be executed by both the M/W/SBE and the Bidder. The City shall not count proposed M/W/SBE utilization for which it has not received a Letter of Intent by this deadline. In addition, a Hauler’s fees or commissions charged by an MWSBE hauler for providing a Commercially Useful Function shall count towards meeting the applicable Contract Goals. The costs of a hauler’s materials or supplies shall not count as part of the fees or commissions. The Bidder is still obligated to pay the M/W/SBE the full amount listed on the Contract with the M/W/SBE regardless of what percentage is actually counted towards the M/W/SBE Goal.

Adding subcontractors or suppliers after submitting this form Nothing in this certification shall be deemed to preclude you from entering into subcontracting arrangements after submission of this form. However, per the CBI Administrative Procedures Manual, you must comply with the following:

You must maintain the level of M/W/SBE participation proposed on this CBI Form 3 (and CBI Form 3A, if applicable) throughout the duration of the Contract, except as specifically allowed in Section 5

If you need to terminate or replace a M/W/SBE, you must comply with Section 5.3

If the scope of work on the Contract increases, or if you elect to subcontract any portion of work not identified on this form as being subcontracted, then you must comply with Section 5.4

A Letter of Intent (CBI Form 4) must also be submitted for each M/W/SBE you add subsequent to contract award.

All Subcontractors and Suppliers must be registered with the City of Charlotte.

Pursuant to the City’s Vendor Registration Policy, each subcontractor or supplier (non-MBE/SBE, WBEs, SBEs and MBEs) that you use on this contract must be registered in the City’s vendor database.

Signature

Your signature below indicates that the undersigned firm certifies and agrees that:

(a) It has complied with all provisions of the CBI Policy and Administrative Procedures Manual; and,

(b) Failure to properly document such compliance in the manner and within the time periods established by the CBI Policy and Administrative Procedures Manual shall constitute grounds for rejection of your bid.

Signature of Authorized Official Printed Name Title Submittal Date

BID FORM AND SUPPLEMENTS Initials: _______ 00 40 00 - 5

COMMERCIAL NON-DISCRIMINATION CERTIFICATION

Project: SIA Harrisburg Road SUP (Fire Station 40 to Camp Stewart Road)

Name of Company (Bidder):

The undersigned Bidder hereby certifies and agrees that the following information is correct:

1. In preparing its Bid, the Bidder has considered all bids submitted from qualified, potential subcontractors and suppliers, and has not engaged in or condoned discrimination, as defined in Section 2 below.

2. For purposes of this form, discrimination means discrimination in the solicitation, selection, or treatment of any subcontractor, vendor, supplier or commercial customer on the basis of a person's race, color, gender, religion, national origin, ethnicity, age, familial status, sex (including sexual orientation, gender identity and gender expression), veteran status, pregnancy, natural hairstyle or disability, or any otherwise unlawful form of discrimination. Without limiting the foregoing, discrimination also includes retaliating against any person or other entity for reporting any incident of discrimination.”

3. Without limiting any other remedies that the City may have for a false certification, it is understood and agreed that, if this certification is false, such false certification will constitute grounds for the City to reject the bid submitted with this certification and terminate any contract awarded based on such bid. It shall also constitute a violation of the City’s Commercial Non-Discrimination Ordinance and shall subject the Bidder to any remedies allowed thereunder, including possible disqualification from participating in City contracts or bid process for up to two years.

4. As a condition of contracting with the City, the Bidder agrees to promptly provide to the City all information and documentation that may be requested by the City from time to time regarding the solicitation and selection of subcontractors in connection with this solicitation process. Failure to maintain or failure to provide such information shall constitute grounds for the City to reject the bid submitted by the Bidder and terminate any contract awarded on such bid. It shall also constitute a violation of the City’s Commercial Non-Discrimination Ordinance and shall subject the Bidder to any remedies allowed thereunder.

5. As part of its bid, the Bidder shall provide to the City a list of all instances within the past ten years where a complaint was filed or pending against the Bidder in a legal or administrative proceeding alleging that the Bidder discriminated against its subcontractors, vendors or suppliers, and a description of the status or resolution of that complaint, including any remedial action taken.

6. As a condition of submitting a bid to the City, the Bidder agrees to comply with the City’s Commercial Non-

Discrimination Policy as described in Section 2, Article V of the Charlotte City Code, and consents to be bound by the award of any arbitration conducted thereunder.

By:

Signature of Company’s Authorized Representative

Title:

Date:

BID FORM AND SUPPLEMENTS Initials: _______ 00 40 00 - 6

EXECUTION OF BID

NON-COLLUSION AFFIDAVIT, DEBARMENT CERTIFICATION AND GIFT BAN CERTIFICATION

The person executing the bid, on behalf of the Bidder, being duly sworn, solemnly swears (or affirms) that neither he, nor any official, agent or employee of the Bidder has entered into any agreement, participated in any collusion, or otherwise taken any action which is in restraint of free competitive bidding in connection with any bid or contract, that the Bidder has not been convicted of violating North Carolina General Statute 133-24 within the last three years, and that the Bidder intends to do the work with its own bona fide employees or subcontractors and is not bidding for the benefit of another contractor.

In addition, execution of this bid in the proper manner also constitutes the Bidder’s certification of status under penalty of perjury under the laws of the United States in accordance with the Debarment Certification attached, provided that the Debarment Certification also includes any required statements concerning exceptions that are applicable.

NC General Statute 133-32 prohibits the offer to, or acceptance by, any City employee of any gift from anyone with a contract with the City or State, or from any person seeking to do business with the City of Charlotte. By execution of any response in this procurement, you attest, for your entire organization and its employees or agents, that you are not aware that any such gift has been offered, accepted, or promised by any employees of your organization.

In the event the Bidder is awarded the Contract, execution of the Bid by the Bidder is considered the same as execution of the Contract. Affixing the corporate seal to this document is only intended to verify the officer signing on behalf of the corporation has the authority to do so.

The undersigned, having carefully examined the site and familiarized himself with the existing conditions on the Project area affecting the cost of work and hereby proposes to furnish all supervision, labor, equipment, materials and services required to construct and complete the Project in accordance with the Project Manual at and for the Total Amount Bid, excluding any Allowances, such as contingency, which may be used by the Contractor only upon written instructions from the Engineer in accordance with the terms of this Contract.

The undersigned agrees to comply with the self-performance requirement identified within Section 108-6 of the 2024 NCDOT Standard Specifications for Roads and Structures. 2024 Standard Specifications for Roads and Structures.pdf.

The undersigned acknowledges receipt of the following addenda (initial next to each addendum):

# 1: ______ # 2: _____ # 3: _____ # 4:_____ # 5: _____ #6: _____ # 7: _____ # 8: _____ # 9: _____

Type of Bidder: Sole Proprietor Partnership Corporation Limited Liability Company Joint Venture

(check 1 box) (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:

Phone: Email:

Printed Name: Title:

Signature: NC Gen. Contractor License #:

Subscribed and sworn to before me this day of 202___

Signature of Notary Public of County

State of

My Commission Expires:

ACCEPTANCE BY THE CITY 00 50 00 - 1

00 50 00 – ACCEPTANCE BY THE CITY

A CONTRACT FOR:

PROJECT NAME: SIA Harrisburg Road SUP (Fire Station 40 to Camp Stewart Road)

PROJECT NUMBER: PJ2430101021 CONTRACT NUMBER:

CONTRACT AMOUNT ($):

THIS CONTRACT (the “Contract”) is made and entered into and shall be by and between the CITY OF CHARLOTTE, a North Carolina Municipal corporation (the “City”), and ________________________________________________, a company doing business in North Carolina (the “Contractor”).

WHEREAS the City of Charlotte advertised an Invitation to Bid (ITB) for the Project on ____________________, together with all attachments and addenda, WHEREAS the Contractor submitted to the City a Bid on ________________________ in response to the ITB, together with all attachments and separately sealed confidential trade secrets, herein referred to as the “Bid”, WHEREAS the execution of the Bid is the same as the execution of the Contract by the Contractor, WHEREAS the City of Charlotte Council, on ____________________________________, authorized the City to enter into this Contract with the Contractor for construction services for the Project, WHEREAS this Contract includes the following:

a. Project Manual, including all addenda issued prior to execution of the Contract;

b. Plans;

c. Contractor’s Bid;

d. Performance & Payment Bonds;

e. Acceptance by the City; and

f. Executed Change Orders issued after execution of the Contract.

WHEREAS the City and the Contractor now desire to fully execute this Contract for the Contractor to provide construction services for the Project in accordance with the terms and conditions set forth in the Contract, NOW, THEREFORE, the City of Charlotte, acting through its City Council, has caused this Contract to be executed in the name of the City of Charlotte by an authorized official.

CITY OF CHARLOTTE:

By:

Print Name:

CHARLOTTE BUSINESS INCLUSION (CBI) PROGRAM 00 55 00 - 1

00 55 00 – CHARLOTTE BUSINESS INCLUSION (CBI) PROGRAM

CBI Policy adopted July 1, 2023

The Charlotte Business INClusion (CBI) Program seeks to enhance competition and participation of Minority-owned, Women-owned, and Small Business Enterprises (MWSBEs) in City contracting.

To accomplish this, the City has increasingly examined its procurements and set specific MWSBE participation goals on a contract-by-contract basis.

In addition, CBI makes a concerted effort to expand its certified MWSBE vendor pool and assist city-certified firms in growing, enhancing, and developing their businesses. CBI currently offers numerous development programs that support certified businesses in organizational training, strategic development, and networking opportunities.

A complete list of City of Charlotte certified Small Business Enterprises (SBEs) and City of Charlotte registered Minority- Owned Business Enterprises (MBEs) and Women-Owned Business Enterprises (WBEs) (SBE, MBE, and WBE, collectively MWSBE) is available on the City’s InclusionCLT system: http://charlotte.diversitycompliance.com

PROJECT SUBCONTRACTING

GOAL:

MWSBE Goal: 10%

In order to count MWSBE firms toward to project goal, MWSBEs must be certified with the City of Charlotte at the time of bid. For more information around certification requirements, please review the CBI Manual.

1. APPLICATION:

The City’s Charlotte Business INClusion (CBI) Policy and CBI Manual are incorporated into and made a part of this solicitation and the resulting contract (the “Contract”). Copies of the CBI Policy and CBI Manual may be obtained by:

Internet: www.charlottebusinessinclusion.com

Mail: Charlotte Business INClusion Office 600 East Trade Street Charlotte, North Carolina 28202

Capitalized terms used in this document shall have the meanings set forth in the CBI Manual. Each reference to “you” or “your” in these provisions refers to any entity that submits a bid, proposal or statement of qualifications on a City contract, and any entity that enters into a contract with the City.

For this solicitation, the CBI Manual requires that you either (a) meet the established Contract Goal, as listed on the first page of this document; or (b) comply with the Good Faith Efforts and Good Faith Negotiation requirements referenced in Section 3 below. Failure to comply with the CBI Policy and CBI Manual in the bid phase constitutes grounds for rejection of your Bid.

Failure to comply after the contract award may result in the assessment of damages and/or termination of your contract.

CHARLOTTE BUSINESS INCLUSION (CBI) PROGRAM 00 55 00 - 2

2. SUBCONTRACTING GOALS:

You must submit your proposed MWSBE utilization for this Contract on CBI Form 3 (Subcontractor/Supplier Utilization Commitment Form) listing all subcontractors and suppliers that will be providing goods or services.

MBE or WBE established Goals can only be met with the City of Charlotte registered MBEs and WBEs that have been certified as a Historically Underutilized Business by the State of North Carolina.

SBE established Goals for this project can only be met with City of Charlotte certified SBEs.

CBI Form 3 MUST be submitted at the time of bid opening. Failure to submit CBI Form 3 at the time of bid opening shall constitute grounds for rejecting the Bid. All bidders must submit their proposed goal commitment at the time of Bid.

If the Bidder does not meet the goal at the time of bid opening, they will have twenty-four (24) hours to submit a completed CBI Form 3 demonstrating that they have met or exceeded the goal. If the goal is not met then, the City will proceed with the Good Faith Efforts process.

Bidders must state the projected dollar amount for each MWSBE firm listed on their CBI Form 3 and indicate the total dollar value of participation for the contract. In the event the bidder has no MWSBE participation, the bidder is still required to indicate this on CBI Form 3 by entering the word or number zero. Blank forms will be deemed to represent zero participation.

The City will only give Bidders credit towards the established Subcontracting Goal that:

a. Is listed on CBI Form 3 submitted at bid or within twenty-four (24) hours of bid opening (if goal not met at bid opening); and

b. Is listed on CBI Form 3A (when applicable); and

c. Is documented by CBI Form 4 (CBI Letter of Intent) which is submitted to the City within three (3) Business Days after the City requests it; and

d. Meets all of the requirements of the CBI Manual.

NOTE: MWSBEs listed on CBI Form 3 must be actively certified/registered with the City of Charlotte as of bid date and must be performing a Commercially Useful Function as defined in the CBI Manual.

Bids submitted that do not have the above required MWSBE information indicated on CBI Form 3 constitutes grounds for the Bid to be considered non-responsive and rejected.

The established Contract Goal will represent the total dollars to be spent with MWSBEs as a portion of the total bid amount, which includes Contingency and excludes Allowances. The MWSBE percentage will be rounded to two decimal places. As an example, if the MBE percentage is 3.571, it should be listed as 3.57%, or if it is 3.578, it should be listed as 3.58%. The percentage will not be rounded to the next “whole” number, i.e., 4%. A Bidder may round up if the third number after the decimal is a five (5) or greater.

In the event Alternates are selected by the City, the established Contract Goal for this Contract will apply to the total contract amount, including Contingency, selected Alternates, and excluding Allowances (“Total Contract Amount”). If a low Bidder would meet the established Contract Goal on the base bid amount, but would not meet the established Subcontracting Goal for the Alternates selected by the City, the Bidder will have three (3) days after the City notifies it of its low bid status to secure enough additional participation to meet the established Contract Goal calculated on the Total Contract Amount. The low Bidder will be required to utilize CBI Form 3A to meet this requirement. This in no way exempts the bidder from the CBI requirements due at bid time.

If the Bidder fails to meet the established Contract Goal, calculated on the Total Contract Amount, then the Bidder must earn the Minimum Good Faith Effort (GFE) Points and meet the Good Faith Negotiation requirements set forth in Section4 of the CBI Manual. GFE Points will be calculated, independently, for each Contract Goal that is not met. For instance, if the Bidder fails to meet the MBE, WBE, or SBE Contract Goal that was set, the bidder will have to earn the minimum GFE points for MBEs, WBEs, or SBEs.

CHARLOTTE BUSINESS INCLUSION (CBI) PROGRAM 00 55 00 - 3

If the Bidder fails to meet the MBE, WBE, or SBE Contract Goal on the Total Contract Amount and fails to earn the required Good Faith Efforts points, the Bid will be rejected.

The City will request CBI Form 4 Letters of Intent if you are a finalist for contract award. You must submit a separate CBI Form 4 for each MWSBE subcontractor/supplier identified on CBI Form 3 (and CBI Form 3A, if applicable) within three (3) days after bid opening or as otherwise specified by the CBI Office.

3. GOOD FAITH EFFORTS and GOOD FAITH NEGOTIATION:

If two Contract Goals are established for this Contract, then the Bidder must meet each goal. For example if a MBE Goal and WBE Goal are established, Bidder must meet the MBE Goal and WBE Goal. If you do not meet each established Contract goal, then you must earn the minimum good faith effort (GFE) points and meet the good faith negotiation requirements as set forth in Section 4 of the CBI Manual for the Contract Goal that was not met.

Detailed information of the City’s Good Faith Efforts and Good Faith Negotiation requirements can be found in the CBI Manual, Section 4, . Failure to meet the Good Faith Efforts and Good Faith Negotiation requirements will constitute grounds for rejection of your Bid.

Documenting Good Faith Efforts. To demonstrate Good Faith Efforts (GFE) compliance, Bidders must complete and submit CBI Form 5: Good Faith Effort (GFE) and Statement of GFE Compliance. A minimum of fifty (50) GFE Points must be earned for each Contract Goal not met. If more than one Contract Goal is not met, then Bidders will be required to complete and submit a separate form for each unmet Contract Goal.

CBI Form 5 lists GFEs and the number of points attainable for each type of Good Faith Effort. The City will request your Good Faith Effort (GFE) / Statement of GFE Compliance if you are an apparent low Bidder for contract award who did not meet the Contract Goal. You must submit CBI Form 5 and all supporting documentation within three (3) Business Days after the City requests it.

In deciding whether to award GFEs, the City will assess whether the efforts employed by the Bidder are those that a prime contractor would reasonably be expected to take if actively and aggressively trying to meet the established Subcontracting Goal for the Contract. This assessment will be made on a case-by-case basis taking all available facts into account. The focus will be on the likely effectiveness of the steps taken. Mere pro forma efforts will not be sufficient.

The City can take into consideration the performance of the other Bidders and their achievement towards the Contract Goal when determining if a Bidder has achieved Good Faith Efforts. Additionally, the Business Inclusion Officer can take into consideration the Bidder’s past performance towards meeting Contract Goals on past City contracts.

All actions necessary to earn the required GFE Points must be undertaken prior to Bid Opening. Failure to comply with the requirements set forth in this section shall constitute grounds for rejecting a bid.

Exempted Performance A Business Enterprise, who intends to perform 100% of the work on a Contract, may submit an affidavit stating that the Bidder: (i) does not customarily Subcontract any element of work; and (ii) normally performs, has the capability to perform, and will perform all elements of work on this Contract with its own current workforces. The affidavit shall be in a form provided by the City as part of the Solicitation. After approval by the Business Inclusion Officer, the Bidder shall not be required to comply with Section 3 of the CBI Manual.

The City may reject a Bid for non-compliance if: (i) the Business Enterprise is not licensed to perform each and every type of work included in the Contract, (ii) based on past practice or other grounds, the Business Enterprise will not be performing all of the work under the Contract with its own current workforce; (iii) the request for approval is submitted more than three (3) Days of Bid Opening; (iv) insufficient documentation is received to support the request; (v) any special skill-based qualification is available to and/or possessed by MWSBEs; (vi) there is no significant increase in the cost to the Business Enterprise for an MWSBE to perform the scope of work.

CHARLOTTE BUSINESS INCLUSION (CBI) PROGRAM 00 55 00 - 4

4. PROJECT DOCUMENTS / PLANS AND SPECIFICATIONS:

Plans and Specifications may be viewed at for appointment.

Other Locations:

Carolinas Associated General Contractors (CAGC) 4824 Parkway Plaza Blvd.

Charlotte NC 28217 704.372.1450 Documents through: Isqft https://www.isqft,com/start 800.364.2059

Hispanic Contractors Association of the Carolinas (HCAC) 226 Westinghouse Blvd. Ste. 604 Charlotte NC 28273 704.583.4184 www.hcacarolinas.org

Dodge Data & Analytics https://upload.construction.com/ dfmgr/login

Beatties Ford Road Vocational Trade Center, Inc.

1406 Beatties Ford Road Charlotte NC 28216 980.349.4067 http://www.beattiesfordvoccenter.com/ contact.php

5. CBI POLICY PROVISIONS APPLICABLE AFTER CONTRACT AWARD:

Should the Bidder be awarded a contract with the City, the Bidder should note Section 5 (Responsibilities After Contract Award) and Section 6 (Remedies and Liquidated Damages) of the CBI Manual

As a condition for receiving payments under this Contract, the Bidder agrees to submit any payment record into InclusionCLT, or any subsequent system designated by the City, detailing the amounts paid by the Bidders to all subcontractors and suppliers receiving payment in connection with this Contract.

6. CBI CONTRACT PROVISIONS:

The following provisions are incorporated into the contract.

The parties acknowledge and agree that:

(a) That Charlotte Business Inclusion Program Policy (“CBI Policy”) and its Administrative Procedures Manual (“CBI Manual”) are posted on the City’s website and available in hard copy form upon request. Both the CBI Policy and CBI Manual comprise the CBI Program.

(b) The terms of the CBI Program, as revised from time-to-time, are incorporated into this Contract by reference; and

(c) A violation of the CBI Program shall constitute a material breach of this Contract and shall entitle the City to exercise any of the remedies set forth in the CBI Program, including but not limited to liquidated damages.

(d) The City will incur damages if the Contractor violates the CBI Program, including but not limited to loss of goodwill, detrimental impact on economic development, and diversion of internal staff resources. The parties further acknowledge and agree that the damages the City might reasonably be anticipated to incur as a result of such failures are difficult to ascertain due to their indefiniteness and uncertainty. Accordingly, the Contractor agrees to pay the liquidated damages assessed by the City at the rates set forth in the CBI Program for each specified violation. The Contractor further agrees that for each specified violation the agreed upon liquidated damages are reasonably proximate to the loss the City will incur as a result of such violation.

(e) Without limiting any of the other remedies the City has under the CBI Program, the City shall be entitled to withhold periodic payments and final payment due to the Contractor under this Contract until the City has received in a form satisfactory to the City all claim releases, payment affidavits and other documentation required by the CBI Program. In the event payments are withheld under this provision, the Contractor waives any right to interest that might otherwise be warranted on such withheld amount under North Carolina General Statutes Section 143-134.1.

(f) The remedies set forth in the CBI Program shall be deemed cumulative and not exclusive and may be exercised successively or concurrently, in addition to any other available remedy.

(h) The Contractor agrees to participate in any dispute resolution process specified by the City from time-to-time for the resolution of disputes arising from the CBI Program.

(i) Nothing in this Section shall be construed to relieve a Contractor from any obligation it may have under North Carolina General Statutes Section 143-134.1 regarding the payment of subcontractors.

(j) Payment Reporting. As a condition for receiving payments under this Agreement, the Contractor agrees to…