Tree Obstruction Remediation.pdf

COVER PAGE

PROJECT MANUAL

FOR

TREE OBSTRUCTION REMEDIATION

ITB NUMBER: AVIA ITB 27-09

CHARLOTTE DOUGLAS INTERNATIONAL AIRPORT

CITY OF CHARLOTTE, NORTH CAROLINA

ADVERTISEMENT DATE: SEPTEMBER 3, 2026

(Horizontal Non-Federal)

Tree Obstruction Remediation (rev. 08.21.2026) ITB Number: AVIA 27-09

TABLE OF CONTENTS

Table of Contents

I. INVITATION TO BID

A. INVITATION TO BID

II. INSTRUCTIONS TO BIDDERS

A. INSTRUCTIONS TO BIDDERS

III. BID FORM AND SUPPLEMENTS

A. ITEMIZED BID

B. EXECUTION OF BID

C. COMMERCIAL NON-DISCRIMINATION CERTIFICATION

D. CBI FORM 3: SUBCONTRACTOR/SUPPLIER UTILIZATION COMMITMENT (PAGE 1 OF 2)

IV. CONTRACT REQUIREMENTS

A. CONTRACT

B. GENERAL CONDITIONS

C. PROJECT SPECIFIC SPECIAL CONDITIONS

D. SPECIAL CONDITIONS FOR NON-FEDERAL PROJECTS

E. INDEMNITY AND INSURANCE

F. FEDERAL REQUIREMENTS

G. DIGITAL CAD STANDARDS FOR AIRPORT PROJECTS (REV. 3.31.2016)

V. CHARLOTTE BUSINESS INCLUSION PROGRAM

VI. AIRPORT SECURITY REQUIREMENTS

A. SECURITY PROGRAM

B. AIRPORT CREDENTIALING REQUIREMENTS

C. CONSTRUCTION SECURITY PLAN

VII. CONTRACT FORMS

A. STATE/COUNTY SALES/USE TAX STATEMENT

B. CHANGE ORDER FORM

C. CONTINGENCY TRANSFER FORM

D. CONTRACTOR’S AFFIDAVIT – RELEASE AND WAIVER OF CLAIMS

VIII. TECHNICAL SPECIFICATIONS

IX. PLANS

INVITATION TO BID INV - 1

I. INVITATION TO BID

INVITATION TO BID INV - 2

A. INVITATION TO BID

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

PROJECT NAME: Tree Obstruction Remediation

PROJECT NUMBER: AVIA ITB 27-09

BID PORTAL LINK: [

PRE-BID MEETING DATE AND TIME: September 10, 2026, 9:00 AM ET (via Microsoft Teams)

PRE-BID CONFERENCE LINK:

PRE-BID MEETING ID: 212 322 512 917 379

PRE-BID PASSWORD: cA6jF3UH

BID DUE DATE AND TIME: October 1, 2026, 2:00 PM ET (via Microsoft Teams)

BID OPENING LINK:

BID OPENING ID: 290 510 731 981 630

BID OPENING PASSWORD: cv7yJ3SU

SCOPE OF WORK:

This project involves the removal (including stump removal), topping, and trimming of trees and vegetation that has penetrated or is projected to penetrate protected Federal Aviation Administration (FAA) Part 77 airspace surfaces surrounding Charlotte Douglas International Airport (CLT). Vegetation will be reduced to maintain the required clearance of at least 20 feet below the FAA Part 77 surface, ensuring continued compliance with FAA airspace protection standards and enhancing the safety of aircraft operations. The total remediation area encompasses approximately 80 acres and will be completed in prioritized phases based on the criticality of each area for airport operations and safety. Remediation activities include tree removal, tree topping, and vegetation management within key operational areas, including the One Engine Inoperative (OEI) surface and Runway Protection Zones (RPZ). The project involves remediation on CLT owned real property, Right-of-Ways owned by the North Carolina Department of Transportation (NCDOT) (encroachment agreement pending), Right-of-Way owned by the Norfolk Southern Corporation (NS or NSRR) (entry agreement pending), and the private real property of third-party owners (Property Owner) that the City has secured a Right-of-Entry with to perform the Work on such private property. The Notice to Proceed (NTP) is expected to be issued by February 8, 2027.

Bidders may obtain the complete Project Manual, including all plans, drawings, specifications, and addenda (“Bid Documents”) beginning September 3, 2026 from the Bid Portal. Bidders may access the bid portal via the link shown above.

Pre-Bid Conference: Attendance at the Pre-Bid Conference is not mandatory but is strongly encouraged. All visitors to the CLT Center are required to show photo ID and obtain a visitor’s pass from the CLT Center front desk. Please https://teams.microsoft.com/meet/212322512917379?p=Wbm9YK DKi39P5cRDqm https://teams.microsoft.com/meet/290510731981630?p=hc9x2SLLC vKSYdkSsi https://gateway.app.e-builder.net/app/bidders/landing?accountid=80fe0a4a-0c8f-4fcd-ac93-cc9db65522cb&projectid=8636caaf-bcc9-4176-ab83-cc502ccc0396&bidpackageid=264a9f1f-89a6-411b-a44e- 20f284fb2e3d https://teams.microsoft.com/meet/212322512917379?p=Wbm9YKDKi39P5cRDqm https://teams.microsoft.com/meet/212322512917379?p=Wbm9YKDKi39P5cRDqm https://teams.microsoft.com/meet/290510731981630?p=hc9x2SLLCvKSYdkSsi https://teams.microsoft.com/meet/290510731981630?p=hc9x2SLLCvKSYdkSsi https://gateway.app.e-builder.net/app/bidders/landing?accountid=80fe0a4a-0c8f-4fcd-ac93-cc9db65522cb&projectid=8636caaf-bcc9-4176-ab83-cc502ccc0396&bidpackageid=264a9f1f-89a6-411b-a44e-20f284fb2e3d https://gateway.app.e-builder.net/app/bidders/landing?accountid=80fe0a4a-0c8f-4fcd-ac93-cc9db65522cb&projectid=8636caaf-bcc9-4176-ab83-cc502ccc0396&bidpackageid=264a9f1f-89a6-411b-a44e-20f284fb2e3d https://gateway.app.e-builder.net/app/bidders/landing?accountid=80fe0a4a-0c8f-4fcd-ac93-cc9db65522cb&projectid=8636caaf-bcc9-4176-ab83-cc502ccc0396&bidpackageid=264a9f1f-89a6-411b-a44e-20f284fb2e3d https://gateway.app.e-builder.net/app/bidders/landing?accountid=80fe0a4a-0c8f-4fcd-ac93-cc9db65522cb&projectid=8636caaf-bcc9-4176-ab83-cc502ccc0396&bidpackageid=264a9f1f-89a6-411b-a44e-20f284fb2e3d https://gateway.app.e-builder.net/app/bidders/landing?accountid=80fe0a4a-0c8f-4fcd-ac93-cc9db65522cb&projectid=8636caaf-bcc9-4176-ab83-cc502ccc0396&bidpackageid=264a9f1f-89a6-411b-a44e-20f284fb2e3d

INVITATION TO BID INV - 3

allow time for this procedure as the Pre-Bid Meeting time cannot be changed for any reason. Preferred brand alternates, to the extent applicable, will be addressed at the Pre-Bid Meeting.

Title VI Solicitation Notice:

The City, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4), 28 CFR § 50.3. and 49 CFR Part 21, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, all contractors will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of the owner’s race, color, national origin, sex, creed, age, or disability in consideration for an award. A5.3.1

Attempts to Influence the Selection Process: Except for clarifying written questions sent to the ITB Manager, all Bidders, including all persons acting on their behalf, are strictly prohibited from contacting City staff, NCDOT, NSRR, and the Property Owners, on or regarding any matter relating to this ITB from the time the ITB is issued until the intent to award is communicated to Bidders. CLT reserves the right to disqualify any Bidder who makes inappropriate contact concerning this ITB, other than in accordance with this ITB.

INSTRUCTIONS TO BIDDERS ITB - 4

II. INSTRUCTIONS TO BIDDERS

INSTRUCTIONS TO BIDDERS ITB - 5

A. INSTRUCTIONS TO BIDDERS

1.0 DEFINITIONS

1.1 Addendum or Addenda. Written or graphic instruments issued by the Owner prior to the submission of

Bids which modify or interpret the Bidding Documents by additions, deletions, clarifications, or corrections or other type of modifications. Bidders, upon receiving Addenda, shall insert same into the Bid Documents.

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

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

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

1.5 Airport Improvements Program (AIP). A grant program administered by the Federal Aviation Administration.

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

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

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

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

City Council.

1.9 Base Bid. The sum stated in the Bid for which the Bidder offers to perform the work described in the Bidding

Documents as the base, to which work may be added or from which work may be deducted for sums stated in Additive or Deductive Bid Items.

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

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

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

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

1.14 Calendar Day. Every day shown on the calendar. Any reference to the word “day” or “days” shall mean calendar day or calendar days, respectively, unless otherwise expressly provided.

INSTRUCTIONS TO BIDDERS ITB - 6

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

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

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

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

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

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

1.21 Date of Final Completion (may also be referred to as Final Acceptance). The date determined and certified by the design professional and Owner on which the Work on the Project is fully and satisfactorily complete in accordance with the Contract.

1.22 Disadvantaged Business Enterprise (DBE). A for-profit small business concern: (a) that is at least fifty-one

(51%) percent owned by one or more individuals who are both socially and economically disadvantaged or, in the case of a corporation, in which fifty-one (51%) percent of the stock is owned by one or more such individuals; and (b) whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it.

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

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

1.25 Final Acceptance (may also be referred to as Date of Final Completion). The date determined and certified by the design professional and Owner on which the Work on the Project, including all submittals such as as-builts, warranty assignments and training materials, is fully and satisfactorily complete in accordance with the requirements of the Contract.

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

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

INSTRUCTIONS TO BIDDERS ITB - 7

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

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

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

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

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

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

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

1.35 Project Manual. The comprehensive compilation of Contract Documents.

1.36 Restricted Area(s). Areas not open to the public and include all SIDA and Secured Areas, AOA, and non-public portions of the Sterile Area to include the main terminal basement and loading dock area.

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

1.38 SIDA. The Secure Identification Display Area. The portion of CLT specified in the airport security program in which security measures specified in 49 CFR Part 1542 are carried out. This area includes the Secured Area and may include other areas of the airport. At CLT, it is all of the area inside the perimeter fence, with the exception of the FBO and NC Air National Guard ramp. See CLT’s Security Standards Appendix 1 for specific details of the current boundaries of the SIDA.

1.39 SIDA Badge. A photo identification badge owned and issued by CLT that authorizes the recipient to enter and be within the SIDA without escort.

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

1.41 Socially and Economically Disadvantaged Individual. Socially and Economically Disadvantaged Individual means any individual who is a citizen (or lawfully admitted permanent resident) of the United States and who a certifier finds to be socially and economically disadvantaged on a case-by-case basis. A determination that an individual is socially and economically disadvantaged is not based in whole or in part on race or sex, but is based on whether the individual can meet the relevant criteria described in 49 CFR Part 26.67. Being born in a particular country does not, standing alone, mean that a person is necessarily socially and economically disadvantaged.

https://images.ctfassets.net/jaw4bomip9l3/2lXmajtxHwPJXycyPHkvwe/2fb0276327dc2cb9596fd13ffea27057/CLT_Security_Standards_-_Final_-_251229.pdf

INSTRUCTIONS TO BIDDERS ITB - 8

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

1.43 Sterile Area. The portions of CLT defined in the airport security program that provides passengers access to boarding aircraft and to which that access generally is controlled by TSA, or by an aircraft operator under Part 1544 of 49 CFR Chapter XII or a foreign air carrier under Part 1546 of said chapter, through the screening of persons and property. At CLT this is the terminal area beyond the security checkpoints.

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

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

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

1.45 Substantial Completion. The stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can legally, practically, and reasonably occupy or utilize the Work for its intended use.

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

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

1.48 Work. The term “Work” means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor’s obligations. The Work may constitute the whole or a part of the Project.

2.0 CONTRACT TIME

The date of commencement of the Work shall be fixed by issuance of a written Notice to Proceed from the Owner to the Contractor. The Contract Time shall be measured from the date of commencement.

Contractor shall achieve Substantial Completion of the Work not later than 308 calendar days from the date of commencement. Contractor shall then achieve Final Completion and Acceptance of the Work, including all required final submittals, not later than 30 calendar days from the date of Substantial Completion.

Contractor shall notify the Owner in writing at least 48 hours in advance of the time actual construction operations will begin.

2.1 LIQUIDATED DAMAGES

By submitting a bid, the Contractor acknowledges and agrees that the Owner is authorized to deduct and retain out of the monies due to the Contractor and/or the Contractor will be liable to the City for liquidated damages for the Project as set out below. For time-based damages, the amount listed shall apply for each and every day or any portion thereof that the time employed upon said work or delivery may exceed the time stipulated for such performance and completion. The term “day” when used in connection with liquidated damages, shall in all instances include any portion of a day that the work is not timely completed.

The liquidated damages are fixed in view of the difficulty of estimating such damages that the Owner will suffer by reason of such default. The cumulative amount of liquidated damages will not be capped and

INSTRUCTIONS TO BIDDERS ITB - 9

may run concurrently. Assessment of liquidated damages does not preclude the award of other damages that may be authorized under other applicable provisions of the Contract for reasons other than the specific and express basis of that liquidated damage.

A. Failure to achieve Substantial Completion: $1,000.00 per calendar day for each calendar day the

Contract Time is exceeded.

B. Failure to complete the work required in each of the following Intermediate Completion Time (ICT), within the ICT Completion Deadline:

INTERMEDIATE COMPLETION TIME #1

Description: Completion of all tree remediation identified within Plan Sheets G3 and G4. This work includes tree removal, trimming, topping, clearing, and any associated work necessary to eliminate obstructions impacting the Fourth Parallel Runway and Perimeter Fence projects. This schedule is necessary to prevent impacts to the construction schedules of the Fourth Parallel Runway and Perimeter Fence projects.

Duration: By ICT #1 Completion Deadline Completion Deadline: By April 30, 2027 Liquidated Damages: $3,000.00 per calendar day

C. Violation of any term of any of the entry agreements referenced in Section IV.C Project Specific Special Provisions: $2,000.00 per violation per agreement term.

D. Failure to achieve Final Completion: $1,000.00 per calendar day for each calendar day the Contract Time is exceeded.

3.0 CHARLOTTE BUSINESS INCLUSION (“CBI”) PROGRAM

The City has established the following CBI Goal for this Project:

Small Business Enterprise (“SBE”) Goal 7.00%

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

4.0 SITE TOURS

No Site Tour will be scheduled. Bidders may elect to visit areas accessible to the public at their convenience.

5.0 GOVERNING ORDER OF BIDDING AND CONTRACT DOCUMENTS

The Contract Documents are intended and designed to be complementary and internally consistent. To the extent there is any inconsistency or lack of clarity, the individual components of the Contract Documents shall be interpreted in the following order of precedence, with those occurring prior controlling over all those occurring later in the following order:

01 Fully Executed Supplementary Agreements 02 Fully Executed Change Orders

INSTRUCTIONS TO BIDDERS ITB - 10

03 §IV. E. Federal Requirements 04 §V. Charlotte Business Inclusion Program 05 Addenda 06 §IV. D. Indemnity and Insurance Requirements 07 §IV. C. Project Specific Special Conditions 08 §IV. B. General Conditions 09 §VI. Airport Security Requirements 10 §IV. A. Contract 11 §II. Instructions to Bidders 12 §VIII. Technical Specifications 13 §IX. Plans 14 Approved Shop Drawings / Submittals 15 §III. A. Itemized Bid 16 Bid form information 17 Bid Portal Information

Later issued Addenda, Change Orders and Supplementary Agreements will take precedence over previous occurring Contract Documents of the same type. Detailed provisions shall have precedence over general provisions unless the above order of precedence indicates otherwise.

6.0 BIDDER REPRESENTATIONS

6.1 Each Bidder by making its Bid represents that it:

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

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

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

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

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

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

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

(2) projects in the last ten (10) years that demonstrate the ability to accomplish the Work required by this Contract. If the Bidder is a recently formed entity, then the previous experience of the component entities will be considered. The Owner shall be the sole judge of acceptable previous experience. The Bidder shall have regularly and principally engaged in work of the quality and scope indicated by the Contract Documents, utilizing administrators and supervisors regularly employed by the Bidder for managing the

INSTRUCTIONS TO BIDDERS ITB - 11

Work, and utilizing workers regularly employed by the Bidder for construction not performed by subcontractors.

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

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

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

7.0 BID DOCUMENTS

7.1 Documents

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

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

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

Boring logs and other records of subsurface investigations and tests may be available for inspection by Bidders. It is understood and agreed that such subsurface information, whether included in the plans, specifications, or otherwise made available to the Bidder, was obtained and is intended for the Owner’s design and estimating purposes only. Bidder expressly waives any right to rely on such information for any purpose. Such information has been made available for the convenience of all Bidders. It is further understood and agreed that each bidder is solely responsible for all assumptions, deductions, or conclusions which it may make or obtain from his examinations of the boring logs and other records of subsurface investigations and tests that are furnished by the Owner. Such supplementary data may not be construed as part of the Contract Documents.

7.2 Interpretation or Correction of Bidding Documents

Bidders shall take no advantage of any apparent error or omission in the Bid Documents. In the event a Bidder discovers any apparent error or omission, the Bidder shall immediately notify the Owner. The Owner will then make such corrections and interpretations as may be deemed necessary for fulfilling the intent of the Bid Documents through the issuance of an Addendum. Any Addendum or clarification supplementing the Bid Documents, the Drawings, and the Specifications, issued prior to the date and time set for the submittal of Bid Proposal shall be made part of the Contract.

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

INSTRUCTIONS TO BIDDERS ITB - 12

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

The deadline for submitting written requests for clarification is on September 17, 2026 by 5:00 PM ET.

7.3 Standards of Quality and Performance, Brand Names and Equivalent Products

Descriptions of materials, products and equipment used in these specifications are to acquaint bidders with the types of products desired and will be used as a standard by which goods and services offered as equivalent will be evaluated. Where the specifications do not include a performance or design standard it is due to the determination that the information is impossible or impractical to provide. In such instances, the specifications include at least three brand names to illustrate the standard by which products offered as equivalent will be evaluated. Where three brand names could not be identified, the specifications include as many as possible. These references are only to denote the quality of product required and do not limit or restrict submission of equivalent products by the bidder. Equivalent products can be submitted for consideration as set forth below.

Materials, products, and equipment specified in Bid and Contract documents are used to set forth and convey to bidders the general style, type, function, dimension, and quality of product desired by the Owner.

Any request by Contractor for material substitution of "an equal" item must be received by the Architect / Engineer or Owner at least ten (10) days prior to receipt of Bids.

Prior to proposing any substitute item, Contractor shall satisfy itself that the item proposed is, in fact, equal to item originally specified, that such item will fit into the space allocated, that such item affords comparable ease of operation, maintenance and service, that the appearance, longevity and suitability for the climate are comparable, and that by reason of cost savings, reduced construction time, or similar demonstrable benefit, the substitution of such item will be in Owner’s interest.

The burden of proof of equality of a proposed substitution for a specified item shall be upon Contractor.

Contractor shall support its request with sufficient test data and other means to permit Owner to make a fair and equitable decision on the merits of the proposed substitution. Any item by a manufacturer other than those specified or of brand name or model number or of generic species other than those specified will be considered a substitution. Architect / Engineer of Record or Owner may be the sole judge of whether or not the substitution is equal in quality, utility and economy to that specified.

Materials and methods proposed as substitutions for specified items shall be supported by certification of their approval for use by any or all government agencies having jurisdiction over use of the specific material or method.

Substitutions may not be permitted in those instances where the products are designed to match artistic design, specific function or economy of maintenance.

Approval of a substitution shall not relieve Contractor from responsibility for compliance with all requirements of the Contract. Contractor shall bear the expense for any changes in other parts of the Work caused by any substitutions. If Owner rejects Contractor’s proposed substitution, Contractor may not make any additional requests for substitution in the same category. If the proposed substitution is approved, such approval will be set forth in an Addendum.

If a substitution is installed without prior knowledge and written approval by the Owner, the Contractor will bear all costs associated with removal and replacement of the same at the Owner’s request.

INSTRUCTIONS TO BIDDERS ITB - 13

7.4 Addenda

Addenda will be available through the eBuilder Bid Portal. The Bidder shall acknowledge receipt of Addenda by completing the acknowledgment space on the Bid Form.

8.0 BIDDING PROCEDURE

8.1 Form and Style of Bids

Bids shall consist of the following forms:

(1) Bid Form

(2) Certificate of Non-discrimination

(3) CBI Form #3

(4) Bid Bond

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

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

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

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

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

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

8.2 Sales and Use Tax

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

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

INSTRUCTIONS TO BIDDERS ITB - 14

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

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

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

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

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

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

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

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

In order to receive the reimbursement for Eligible Taxes, the Contractor shall provide a detailed listing of Eligible Taxes on the Sales/Use Tax Statement (“Tax Statement”) provided in the Contract Documents. Tax Statements must be submitted with each payment request and shall include invoices documenting the Eligible Taxes and the underlying purchases made by the Contractor or by the Contractor’s subcontractor that are included in that payment request. Tax Statements not submitted with the payment request for the related purchases may be denied and the Contractor agrees that it has waived reimbursement for untimely Tax statements.

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

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

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

INSTRUCTIONS TO BIDDERS ITB - 15

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

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

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

8.3 E-Verify

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

8.4 Iran and Companies that Boycott Israel Divestment Act

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

8.5 Bid Security

Each Bid shall be accompanied by a Bid security in the form of, at Bidder's option, cashier's check, certified check, money order or bid bond (in favor of the Owner) in the amount of 5% of the Base Bid amount pledging that the Bidder will after notice of award, enter into a Contract with the Owner on the terms stated in its Bid and will furnish bonds as described in Contract Documents, covering the faithful performance of the Contract and the payment of all obligations arising thereunder.

The Bid Bond shall be written on standard Surety Bid Bond form by a firm licensed to provide such forms in the State of North Carolina, and the attorney-in-fact who executes the bond on behalf of the surety shall affix to the bond a certified and current copy of his power of attorney.

The Owner will have the right to retain the Bid security of Bidders to whom an award is being considered until either (a) the Contract has been executed and bonds have been furnished; (b) the specified time has elapsed so that Bids may be withdrawn, or (c) all Bids have been rejected.

8.6 Electronically Executed Bid Bonds Accepted

Until further notice, the City will 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.

INSTRUCTIONS TO BIDDERS ITB - 16

If a bid will be submitted via an electronic lock box, all bid documents may be submitted electronically, including the bid bond. If a bid will be submitted in hard copy format to a physical bid box, the electronically signed bid bond must still be physically submitted with the bid package.

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

8.7 Submission of Bids

Bidders must submit their Bid through the eBuilder Bid Portal, using the following link:

The Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids.

Oral, telephonic or telegraphic Bids are invalid and will not receive consideration. Bids received after the time and date for receipt of Bids will be returned to Bidder unopened.

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

8.8 Modification or Withdrawal of Bid

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

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

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

9.0 CONSIDERATION OF BIDS

9.1 Review of Bids

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

9.2 Opening of Bids

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

9.3 Alternates

The Owner shall have the right to request Alternates in addition to the base bid and the right to accept Alternates in any order or combination, unless otherwise specifically provided in the Bid Documents.

Determination of the low Bidder will be made on the basis of the sum of the Base Bid and any Alternates accepted. When an Alternate is a request for a preferred brand, such request is made pursuant to North Carolina General Statute 133-3. The performance standards that support the preferences are set forth below and were communicated during the pre-bid meeting. The Owner has selected each of the preferred brand Alternates set forth on the bid submission form and in the specifications based on the following:

1. The brand requested provides a cost savings to the Airport; and

2. The brand requested maintains or improves the system/process affected by the preference.

INSTRUCTIONS TO BIDDERS ITB - 17

9.4 Rejection of Bids

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

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

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

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

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

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

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

5. Failure of authorized person to sign Bid Form.

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

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

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

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

10 PRE-AWARD

10.1 Submittals

Within ten days of notice of an intent to award, or as otherwise specified by the Owner, the Bidder shall furnish to the Owner the following submittals:

A. The Agreement signed by Contractor;

B. All post-bid opening CBI documents required (see Section V – Charlotte Business Inclusion

Program);

C. Performance and payment bonds, each in an amount equal to the Contract sum;

D. Upon Owner’s request, subcontract templates the Contractor will use on this Project; and

E. Certificates of Insurance.

11.0 AWARD OF CONTRACT

Contract work may not proceed until the properly executed Agreement and all required submittals are delivered to the Owner in acceptable form and the City has executed the Contract. The time of completion

INSTRUCTIONS TO BIDDERS ITB - 18

for the Project will not be extended due to delays by the Contractor in executing and delivering required documents.

12.0 FINANCIAL

12.1 Audit Rights

The Contractor and its subcontractors at any tier shall maintain any and all books, accounts, records, and other writings relating to the performance of the Work under the Contract for a period of three (3) years following final payment. The Owner shall have the right to inspect, examine and make copies of the above documents. The Contractor shall fulfill all requests to transmit such records and documents electronically.

Such audit rights shall be extended to any duly authorized representatives designated by the Owner. Audits shall take place at times and locations mutually agreed upon by both parties, but not later than one week following the date of a request for an audit.

12.2 Owner’s Contingency

The City has established an owner’s contingency of 10% of the Bid amount for this Project. The City is in full control of all owner contingency funds and the Contractor is not entitled to any portion of the owner contingency funds unless and until the City is in agreement with all aspects of any potential work the Contractor may perform that is beyond the original scope (or unit quantity estimates) of this Contract, which shall be determined through the change, dispute and other processes set forth by this Contract.

12.3 Subcontractor Payments

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

NCGS 22C-2 prohibits as a matter of public policy the insertion of “Pay-When-Paid”…