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TRANSCRIPT
Bid Package No. 05B - 16A
April 17, 2009
Little Diversified Architectural
Bid Package Manual
Discovery Place Charlotte, NC
Interior Renovations Phase 2 Formal Packages
I. Purpose of Bid Package Manual
II. Invitation to Bid
III. Instructions to Bidders
IV. Contracting Documents
A. Letter of Intent
B. Subcontract
C. Subcontractor Document Exhibits
1. Drawings and Specifications
2. RBI Subcontract Agreement
4. RBI Subcontractor Performance Bond
5. RBI Subcontractor Payment Bond
6. RBI Subcontractor Bond Increase Rider
7. RBI Certificate of Insurance Example
8. RBI Subcontractor Insurance Requirements
9. RBI Subcontractor’s Insurance Exclusions Form
10. RBI Purchase Order Agreement
11. RBI Work Rules and Regulations
12. RBI Partial Waiver and Lien Release
13. RBI Final Waiver and Release
14. AIA G702 & AIA G703
15. RBI Daily Construction Report
16. RBI Project Directory Information Request
17. Systems / Disruptions Shutdown / Tie-in Process
18. Systems Shutdown / Tie-In Matrix
19. Systems Shutdown / Tie-In Request Form
20. Documented Work Plan for Systems Shutdown / Tie-In
21. Interim Infection Control Measures Assessment Matrix – NOT USED
22. ILSM Forms
23. Hot Work Permit
24. Above Ceiling Work Permit
25. RBI Site Utility Locating & Posting Policy - North Carolina
26. Pre-Trenching Checklists – North Carolina
27. Job Hazard Analysis Worksheet
28. Lifting Cables/Slings/Straps Inspection Sheet
29. Harness & Lanyard Inspection Sheet
30. Steel Erection Checklist
31. Steel Erection Standard for the Construction Industry
32. Steel Erection Preconstruction Meeting Agenda
Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
Bid Package No. 05B - 16A
April 17, 2009
TABLE OF CONTENTS
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Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
Bid Package No. 05B - 16A
April 17, 2009
TABLE OF CONTENTS
33. Subcontractor Acknowledgement of Steel Erection Standard
34. Notification to Begin Steel Erection
35. Custody of Fall Protection OSHA CFR 1926.760(e)
V. Rodgers Builders, Inc. Supplementary Conditions
VI. Summaries of Work
A. General Summary of Work
1. Schedule - to be added by addenda
2. Phasing Plan to be added by addenda
3. SBO Program
B. Specific Summary of Work Bid Package Nos. 05B - 16A
05B Miscellaneous Steel and Railings
06D Cabinetry and Casework
08A Glass Assemblies
08B1 Passage Door Assemblies
09A Drywall Assemblies
09C Acoustical Assemblies
09E GSA Floor Coverings – Resilient, Carpeting and Hard tile
09F Painting & Wall Covering
15C Plumbing Systems
15D HVAC Systems
16A Electrical
VII. Form of Proposal
– NOT APPLICABLE THIS PROJECT
The documents listed in Section IV.C. of the Table of Contents are not provided in paper hard copy, but are
available via the internet through the Richa Graphics Online plan room. To view these documents go to
www.richa.com ,click the "Online plan room" link listed under "Client Login" on the left side of the website
homepage or go to planroom.richa.com .
Bidders are responsible for establishing any accounts and obtaining any passwords that may be required to
access the documents listed in Section IV.C and are responsible for complying with the terms of any
licenses or other agreements that Bidder may be required to enter into in order to obtain access to such
documents. Bidders are solely responsible for reviewing, reading, studying and understanding the
documents listed in Section IV.C, and Rodgers Builders, Inc. shall not be liable to any Bidder in any way for a
Bidder’s failure to review, read, study and understand such documents.
Bid Package No.
Bid Package No.
Bid Package No.
Bid Package No.
Bid Package No.
Bid Package No.
Bid Package No.
Bid Package No.
Bid Package No.
Bid Package No.
Bid Package No.
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PURPOSE OF BID PACKAGE MANUAL
Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
Bid Package No. 05B - 16A
April 17, 2009
It is very important that all Subcontractors and Vendors carefully review this manual in its
entirety to ensure their compliance with the proposal requirements.
This manual is for use by only prequalified, invited Subcontractors and Vendors in submitting
proposals to Rodgers Builders, Inc. (Construction Manager) for construction of the project
referenced above. It serves to compliment the drawings and specifications for this project so
that complete scope-specific proposals can be assembled by all Subcontractors.
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1. PROJECT Discovery Place
Interior Renovations Phase 2 Formal Packages
Charlotte, NC
2. OWNER Discovery Place/City of Charlotte
301 North Tryon Street
Charlotte NC, 28202
3. ARCHITECT Little Diversified Architectural Consulting/Cambridge Seven Associates, Inc.
5815 Westpark Drive
Charlotte NC, 28217
Contact: Jim Metze
Phone No.: 704-561-7448
Fax No.: 704-561-8700
4. CONSTRUCTION MANAGER
Rodgers Builders, Inc.
5701 N. Sharon Amity Road
Charlotte, North Carolina 28215
Contact: Eric Rothrock, Preconstruction
Matt Seagren, Operations
Office: 704-537-6044
Fax: 704-566-9295
5. BID PACKAGES No. 05B through 16A
6. SUBCONTRACTOR PREQUALIFICATION
Rodgers Builders, Inc.
5701 N. Sharon Amity Road
Charlotte, North Carolina 28215
Phone- 704-537-6044
Email: [email protected]
Prequalification forms may also be downloaded from www.rodgersbuilders.com.
ATTN: Mr. William Satterfield
Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
Bid Package No. 05B - 16A
April 17, 2009
INVITATION TO BID
Proposals will be accepted from Job specific prequalified Subcontractors only. If you are already
generally prequalified with Rodgers you must resubmit a job specific prequalification. To verify
status of prequalification or to obtain prequalification forms, please contact:
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Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
Bid Package No. 05B - 16A
April 17, 2009
INVITATION TO BID
7. BID DATE
8. BID DOCUMENTS
Documents may be reviewed at the above location or at:
1. Rodgers Builders, Inc. (Center City Office)
400 West Trade Street
Charlotte, North Carolina 28202
Phone No.: 704-537-6044
Fax No.: 704-566-9295
2. Hispanic Contractors Association
3. Charlotte, AGC
4. Charlotte FW Dodge Plan Room
Proposals will be received from only job specific pre-qualified, invited Subcontractors by the
Construction Manager for the Owner at 2:00 pm E.S.T. on Tuesday, June, 9, 2009 at 301 North
Tryon Street (Use 6th Street Entrance) , Charlotte North Carolina. Proposals will be opened by
the Construction Manager, Architect and Owner in Public.
Each Subcontractor will be responsible for purchasing and reviewing the documents, including
the Rodgers Builders, Inc. Bid Manual that is a part of the bidding documents. All Bidders will be
responsible to have reviewed the complete set of documents to ensure all applicable
considerations are addressed in preparing/submitting all proposals.
Bid documents may be viewed and ordered online at www.richa.com; Click on the “Online plan
room” link listed under "Client Login" on the left-hand side of the website homepage or by going
to planroom.richa.com. If you have already registered at the Richa Graphics' Online Plan Room,
enter your user name and password to enter the plan room. If you have never registered at the
Richa Graphics' Online Plan Room, click on the “Click Here to Register!” link, and enter the
required information. Registration is free and it will allow the plan room to notify you by email
when addenda to the job are posted. Once inside the plan room, click the “Projects” tab across
the top and search on the Project Name. Once you have entered the project plan room, you can
view, download and order documents.
All forms must be completed and submitted no later than May, 15, 2009 in order to be considered
for qualification status on this project. All forms submitted after this date will be rejected unless
the bid date is extended by addendum in which case the prequalification date will be extended.
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Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
Bid Package No. 05B - 16A
April 17, 2009
INVITATION TO BID
9. PREBID CONFERENCE
Date: May, 19, 2009
Time: From 2:00 pm E.S.T. to 4:00 pm E.S.T.
Location:
Use 6th street entrance
10. DESCRIPTION OF THE WORK
11. FORM OF PROPOSAL
12. BID GUARANTEE
This is a recommended Prebid meeting. All Subcontractors are encouraged to attend in order to
ensure a thorough understanding of existing conditions, terms and conditions of the construction,
and project scope. Representatives from Rodgers Builders, Inc., the design team, and the
Owner will be in attendance.
All bonds executed in connection with the project must be executed by a North Carolina Attorney-
in-Fact on behalf of a Surety Company licensed to do business in the State of North Carolina.
The required bid security will be returned to all bidders as soon as practical.
AIA Document A310 is the acceptable bid bond form.
Bid security in the amount of five percent (5%) of the maximum amount of the potential contract
award must accompany each proposal in the form of a certified check or a bid bond made
payable unconditionally to Rodgers Builders, Inc. The successful Bidder’s security will be retained
until he has signed the Subcontract Agreement and furnished all documentation required to be
submitted with the executed Subcontract Agreement, which he must do within ten (10) days of a
Notice of Acceptance. If the Bidder offered the Subcontract refuses to enter into the Subcontract
Agreement, Rodgers Builders, Inc. may execute his bid security as liquidated damages.
The project consists of Phase 2 major renovations to the existing Discovery Place facility. The
primary scope of work includes finish updates. Included in this project are major renovations to
MEP systems.The Facility will remain open during Construction.
See INSTRUCTIONS TO BIDDERS
Discovery Place 301 North Tryon Street, Charlotte, North Carolina 28202
Each proposal must be held binding and may not be withdrawn for sixty (60) calendar days.
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Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
Bid Package No. 05B - 16A
April 17, 2009
INVITATION TO BID
13. PAYMENT & PERFORMANCE BONDS
14. ACCEPTANCE OF BIDS
15. GENERAL REQUIREMENTS/PREQUALIFICATION
The award will be made to the lowest responsible, responsive Bidder taking into consideration
qualify, performance, the time specified in the bids for performance of the contract, the cost of
construction oversight, and compliance with G.S. 143-128.2. The Owner and the Construction
Manager reserve the right to request further information or clarification as required to enable a
complete and fair comparison of bids.
All Subcontractors will be required to be prequalified for this specific project, regardless of
prequalification for previous City of Charlotte projects or previous Rodgers Builders, Inc. projects.
Please complete and return the prequalification form which can be downloaded from the Rodgers
website no later than May, 15, 2009. These forms must be submitted to the attention of Mr.
William Satterfield and state the name of the project and the type of services provided.
Bid breakdown forms in the specific summaries of work should be submitted with the Bid Form.
The apparent low Bidders for each package will be contacted as soon as possible after the
opening of bids, to attend a proposal review with Rodgers Builders, Inc. and the designers. The
method of award will be based upon the base bid, selected alternates and any additional
consideration that may be appropriate. Combination bids for two (2) or more packages may be
submitted only if individual bids for each package are also submitted. All Subcontractors are
hereby notified that they must have proper license as required under the State of North Carolina
laws governing their respective trades.
Payment and Performance Bonds equal to one hundred percent (100%) of the Subcontract
amount will be required prior to execution of the Subcontract Agreement. Cost of the bonds must
be included as indicated on the forms of proposal. Subcontracts less than One Hundred
Thousand Dollars ($100,000) do not require separate payment and performance bonds, unless
the scope of work is in conjunction with the exterior building “skin” (i.e.: windows, roofing, EIFS,
precast panels, brick veneer, etc.). In such cases, Performance and Payment Bonds are required
regardless of the value of the scope of work. Subcontractor's Bonding Company must have a
minimum rating of "A" by A. M. Best Company, Inc. Both Payment and Performance Bonds must
be submitted on Rodgers Builders, Inc. forms; refer to Section IV.C. Subcontractor Document
Exhibits of this Bid Package Manual. Change Orders exceeding ten percent (10%), or change
orders exceeding ten percent (10%) in aggregate of the Subcontract amount, will require
evidence increasing the penal sum of the bond in the form of a Rodgers Builders' Bond Increase
Rider; refer to Section IV.C. Subcontractor Document Exhibits of this Bid Package Manual.
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Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
Bid Package No. 05B - 16A
April 17, 2009
INVITATION TO BID
16. DEADLINE FOR QUESTIONS
All Requests for Information must be submitted in writing by May 21, 2009, to Eric Rothrock at
[email protected] to be considered. Any questions submitted after this will not be
reviewed.
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PROPOSAL
Note:
Proposals must be held binding and may not be withdrawn for a period of sixty (60) days after the
scheduled time for opening of bids.
All unit prices provided on the Form of Proposal will remain in effect through the life of the
Subcontract.
The Owner and Construction Manager reserve the right to request further clarification or
information as required to enable complete and fair comparison of all bids.
Proposals must be submitted in sufficient time for receipt on or before the scheduled hour for
opening of the proposals. Delivery of proposals prior to the opening of bids is the responsibility of
the Bidder.
Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
Bid Package No. 05B - 16A
The bidder must fill in the Proposal form completely and correctly sign the proposal where
designated. Proposals that show any omissions, qualifications, conditional provisions, or other may
be subject to rejection. Items listed on the bid form that are not included with the Bidder’s proposal
need to be marked "N/A".
April 17, 2009
INSTRUCTIONS TO BIDDERS
Proposals for this project must be submitted in written form only, and on the Proposal Form included in this
manual. The Proposal must be sealed in an opaque envelope marked to indicate the Project Name, the
Bidder’s Name, and Bid Package Number. The proposal must be hand delivered to the location indicated
in the Invitation to Bid. Include all items and attachments required by the Bid Manual such as the Form of
Proposal, Specific Summary of Work, Bid Bond, SBO Program Documents, and any other item(s) required
by this manual. Bids should have the "Bid Proposal Checklist" affixed to the outside of the Bid Envelope
(the Bid Proposal Checklist is included in this manual).
Rodgers Builders, Inc. is committed to being a good corporate citizen in each community within
which we are privileged to build. This includes a commitment to use all of our resources to provide
equal opportunities to Small Business Enterprises. We will make every effort to create an
environment that genuinely encourages participation by everyone who wishes to participate in
building our communities.
The goal for the project is to obtain the maximum participation by Small Businesses Enterprises. A
major component of our goal is that all SBE companies improve their contracting abilities in some
manner by the end of the project. It is a further goal of this project to obtain this participation without
incurring any additional cost.
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Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
Bid Package No. 05B - 16A
April 17, 2009
INSTRUCTIONS TO BIDDERS
1. FORM OF PROPOSAL
2. BID GUARANTEE
See Invitation To Bid.
3. WITHDRAWAL AND MODIFICATION OF BIDS
4. INTERVIEW
5. AWARD OF CONTRACTS
6. DISQUALIFICATION
7. REJECTION
8. EXAMINATION OF SITE AND DOCUMENTS
Copies of the Form of Proposal are included in Section VII of this manual. NOTE: Refer to the
“Specific Summaries of Work” for the distribution of pricing breakdown requirements.
Bids may be withdrawn upon written request received from the Bidder prior to the time fixed for bid
opening. Any Bidder who withdraws a bid may not resubmit a bid for this project. Modifications by
telegraph, fax or in writing will be considered when received prior to the time set for the bid opening.
Bids may not be withdrawn or modified after the bid opening except where identification of the
apparent low Bidder has been delayed for more than sixty (60) days.
The Owner and Rodgers Builders, Inc. reserve the right to disqualify bids, before or after the bid
opening, upon evidence of collusion with intent to defraud or other illegal practices upon the part of
any Bidder(s).
The Owner and Rodgers Builders, Inc. reserve the right to reject any or all bids, when such
rejection is in the interest of the Owner. Doing so is without obligation of any kind of Rodgers
Builders, Inc. or the Owner to the Bidder.
Each Bidder should visit the site of the proposed work and fully acquaint himself with conditions as
they exist so that he may fully understand the facilities, difficulties, and the restrictions attendant to
the execution of the work required. Bidders must also thoroughly examine and be familiar with all of
the project bidding documents. The failure or omission of any Bidder to receive or examine any
form, instrument or document, or to visit the site and acquaint himself with existing conditions will in
no way relieve the Bidder from any obligation for the requirements thereof.
Interviews will be held with the apparent low Bidder at the location of Rodgers Builders, Inc. main
office at 5701 N. Sharon Amity Road, Charlotte, North Carolina 28215. Interview dates and times
are To Be Determined.
The award will be made to the lowest responsible, responsive Bidder in compliance with G.S. 143-
128.2
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Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
Bid Package No. 05B - 16A
April 17, 2009
INSTRUCTIONS TO BIDDERS
9. INTERPRETATION OF DOCUMENTS
10. PERMITS AND FEES
11. INSURANCE REQUIREMENTS
The overall construction building permit will be furnished by Rodgers Builders, Inc. All other fees
and/or permits required by any/all jurisdictions for the work required by each Bid Package, are to be
included in the respective proposals. The Owner will be responsible for assuring required
easements are established.
Provide any and all engineering services (by an engineer registered in the State of North Carolina)
related to any structural installation (e.g. shop drawings) that is necessary to satisfy the
requirements of the specifications, testing agencies, and prevailing jurisdictional authorities.
Professional Liability Insurance (only required if and to the extent Subcontractor is required under
Attachment "C" of this Agreement to perform engineering or architectural design services) in the
amount of Two Million Dollars ($2,000,000.00), covering claims made against Construction
Manager and/or Subcontractors arising out of the performance of professional engineering or
architectural services under this Agreement and caused by errors, omissions, or negligent acts for
which the Subcontractor is legally liable. This insurance, if applicable, must be maintained in force
by the Subcontractors for a reasonable period of time after the date of completion of the Project as
established pursuant to Contract Documents and must hold harmless Rodgers Builders, Inc., the
project owner, along with the project architect, and consulting engineers.
EIFS Insurance in the amount of One Million Dollars ($1,000,000) – per occurrence with a Two
Million Dollar ($2,000,000) Aggregate Limit is required for Subcontractors who install “Exterior
Insulation Finish Systems” or any type of Synthetic Stucco System for weathertightness to the
exterior of any structure.
Refer to the Supplemental Conditions and General Conditions in the Project Manual. Note that a
Three Million Dollar ($3,000,000.00) business umbrella policy is required for each Subcontractor.
Oral interpretations will not be made to any Bidder as to the meaning of the drawings and the
project documents. Every request for such an interpretation must be made in writing and addressed
and forwarded to Rodgers Builders, Inc., Attn: Eric Rothrock, 5701 N. Sharon Amity Road,
Charlotte, North Carolina 28215, TELEPHONE 704-537-6044, FAX 704-566-9295. Inquiries
received within less than four (4) calendar days of the date fixed for opening of bids will not be
given consideration. Every interpretation made for the Bidder will be in the form of addendum to the
bidding documents, which will be sent as promptly as is practical to all persons to whom the bidding
documents have been issued. All such addenda will become part of the bidding documents.
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Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
Bid Package No. 05B - 16A
April 17, 2009
INSTRUCTIONS TO BIDDERS
12. SUBSTITUTIONS
13. LICENSE REQUIREMENT
Limited License less than $350,000
Intermediate License less than $700,000
Unlimited License no limit
14. SALES TAXES
Any use as a base for bidding of material, equipment, or systems other than those specified, unless
such material, equipment, or system has been approved by the Architect before submission of bids
to Rodgers Builders, Inc. will be made at the Bidder’s risk. All items bid other than those specified
must be approved as equals by the Architect prior to the submission of bids.
To obtain approval to use alternatives to the specified products, Bidders must submit written
requests to the Architect through Rodgers Builders, Inc. at least ten (10) calendar days before the
bid date/time. Requests received after this time will not be considered.
Requests must clearly describe the product for which approval is asked, including all data
necessary to demonstrate acceptability. If the substitution is acceptable, an addendum will be
issued so stating.
Submission of a bid is the Bidder’s representation that he is licensed to perform the work.
Sales tax is to be included. Under North Carolina Sales and Use Regulations, certain Hospitals,
Educational, Charitable or Religious Institutions are eligible for refunds of Sales and Use Taxes,
Relating to building materials, supplies, fixtures and equipment purchased by Subcontractors in the
performance of Subcontracts with these institutions. Refunds due such institutions are to only
include sales and use taxes paid on purchases of building materials, supplies, fixtures and
equipment which annex to or become a part of buildings or other structures being erected by the
Subcontractors. Examples of other property on which sales or use tax should be paid by the
Subcontractor and which should not be included for refund include scaffolding, forms of concrete,
fuel for the operation of machinery and equipment, equipment purchases, equipment repair parts,
equipment rentals, blueprints, etc.
License Requirements for Public Utility Work:
Public Utility Scope of Work:
The Public Utilities classification covers work done under the specialty classifications of Boring and
Tunneling, Communications, Fuel Distribution, Electrical – Ahead of Point of Delivery, Swimming
Pools, Water Lines and Sewer Lines, and Water Purification and Sewage Disposal. It also includes
the performance of construction work on water and waste-water systems.
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Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
Bid Package No. 05B - 16A
April 17, 2009
INSTRUCTIONS TO BIDDERS
15. CONSTRUCTION SCHEDULE
16. SCHEDULE BREAKDOWN
17. PAYMENT & PERFORMANCE BONDS
18. RODGERS BUILDERS, INC. STANDARD SUBCONTRACT AGREEMENT
Each apparent low Bidder must be responsible for submitting all necessary information to Rodgers
Builders, Inc. required to formulate the final Schedule for the Project, within ten (10) days of his
proposal acceptance.
See Invitation To Bid.
Each Bidder must be responsible for the project milestones listed in the Summary of Work section
of this manual. An agreed upon construction schedule will be developed as described in this
manual.
A sample copy of Rodgers Builders, Inc.'s Standard Subcontract Agreement is included in the
Subcontractor Document Exhibits section of this Bid Package Manual and is available for review
through Richa Graphics' Online plan room. To view this document go to www.richa.com, click the
"Online plan room" link listed under "Client Login" on the left side of the website homepage or go to
planroom.richa.com. Submission of a proposal will constitute acceptance of this agreement.
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A. LETTER OF INTENT
B. SUBCONTRACT
Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
Bid Package No. 05B - 16A
To expedite the work, the successful Subcontractors and Vendors for some/all of the Bid
Packages may be issued letters of intent prior to issuance of their Subcontracts. Upon
receipt of same, the Subcontractors or Vendors will proceed immediately with
administrative work, including shop drawings, scheduling, project meetings, material
procurement, submission of bonds and insurance certificates, and any other actions
necessary to initiating the work to adhere to the project schedule requirements.
Rodgers Builders, Inc. was selected by the Owner and its representatives to serve as its
Construction Manager for this project. Subcontractors and Vendors will enter into a
contractual relationship with Rodgers Builders, Inc. not the Owner. The relationship will
essentially be a typical Construction Manager-Subcontractor relationship. A copy of the
Subcontract Agreement that Subcontractors will be required to execute is available for
review in Section IV.C. Subcontractor Document Exhibits of this Bid Package Manual
through the Richa Graphics Online plan room. To view this document go to
www.richa.com, click the "Online plan room" link listed under "Client Login" on the left
side of the website homepage or go to planroom.richa.com. A copy of the purchase
order each Vendor will be required to execute is available for review in Section IV.C.
Subcontractor Document Exhibits of this Bid Package Manual through the Richa
Graphics Online plan room. After selection of a particular Subcontractor or Vendor, the
following will be added to the attached Subcontract or Purchase Order: 1) defined scope
of work, 2) Subcontract amount, 3) scheduling information, and 4) contract document list.
April 17, 2009
CONTRACTING DOCUMENTS
In submitting a proposal, each Bidder affirms that the Bidder will execute the Subcontract
without additions, deletions, or modifications to its content. Note that each Subcontractor
and Vendor will be contractually bound to the Construction Manager. Subcontractor and
Vendor obligations to the owner will be the same as those of the Construction Manager.
Also note this Bid Package Manual and the separately issued project manual are
intended to be complementary. In the event of conflicts between these documents, the
most stringent, as determined by the Construction Manager, will take precedence.
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1. Drawings and Specifications
2. RBI Subcontract Agreement
4. RBI Subcontractor Performance Bond
5. RBI Subcontractor Payment Bond
6. RBI Subcontractor Bond Rider
7. RBI Certificate of Insurance Example
8. RBI Subcontractor Insurance Requirements
9. RBI Subcontractor’s Insurance Exclusions Form
10. RBI Purchase Order Agreement
11. RBI Work Rules and Regulations
12. RBI Partial Waiver and Lien Release
13. RBI Final Waiver and Release
14. AIA G702 & AIA G703
15. RBI Daily Construction Report
16. RBI Project Directory Information Request
17. Systems / Disruptions Shutdown / Tie-in Process
18. Systems Shutdown / Tie-In Matrix
19. Systems Shutdown / Tie-In Request Form
20. Documented Work Plan for Systems Shutdown / Tie-In
21. Interim Infection Control Measures Assessment Matrix – NOT USED
22. ILSM Forms
23. Hot Work Permit
24. Above Ceiling Work Permit
25. RBI Site Utility Locating & Posting Policy - North Carolina
26. Pre-Trenching Checklists – North Carolina
27. Job Hazard Analysis Worksheet
28. Lifting Cables/Slings/Straps Inspection Sheet
29. Harness & Lanyard Inspection Sheet
30. Steel Erection Checklist
31. Steel Erection Standard for the Construction Industry
32. Steel Erection Preconstruction Meeting Agenda
33. Subcontractor Acknowledgement of Steel Erection Standard
34. Notification to Begin Steel Erection
35. Custody of Fall Protection OSHA CFR 1926.760(e)
Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
Bid Package No. 05B - 16A
The documents listed in Section IV.C. of the Table of Contents are not provided in paper hard copy, but
are available via the internet through the Richa Graphics Online plan room. To view these documents go
to www.richa.com ,click the "Online plan room" link listed under "Client Login" on the left side of the
website homepage or go to planroom.richa.com .
April 17, 2009
SUBCONTRACTOR DOCUMENT EXHIBITS
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Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
Bid Package No. 05B - 16A
April 17, 2009
SUBCONTRACTOR DOCUMENT EXHIBITS
Bidders are responsible for establishing any accounts and obtaining any passwords that may be required
to access the documents listed in Section IV.C and are responsible for complying with the terms of any
licenses or other agreements that Bidder may be required to enter into in order to obtain access to such
documents. Bidders are solely responsible for reviewing, reading, studying and understanding the
documents listed in Section IV.C, and Rodgers Builders, Inc. shall not be liable to any Bidder in any way for
a Bidder’s failure to review, read, study and understand such documents.
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1. SUBCONTRACTOR
2. PERFORMANCE OF THE WORK
2.01
2.02
3. SUPPLEMENTAL CONDITIONS SPECIFIC TO EACH BID PACKAGE
3.01
3.02
3.03 Construction Facilities & Temporary Controls:
3.031
Prime Subcontractor for each Bid Package and its Tier Subcontractors as related herein and sometimes
noted as Contractor in the Architect's Project Manual.
The overall construction will be performed under the responsibility and supervision of Rodgers Builders,
Inc.
In general, work will be performed in several specification divisions by Subcontractors who have
been contracted with Rodgers Builders, Inc.
Work in each specification division will consist of that described herein, complete in all respects.
The sections as described and listed are in no way to be taken as all-inclusive of the work for
each division. In any specification section, reference to work described in the sections listed in the
Summary of Work and Specific Summary of Work sections within this Bid Package manual will
be performed by the Subcontractor for such work, even though referred to in sections not listed
under their trade category. The Subcontractor must perform the work described in the provisions,
Summary of Work, as well as those items listed under the Specific Summary of Work and the
Architect's Project Manual.
Identify Underground Utilities and expose using Hydro Excavation. Once utility is exposed,
Subcontractor is responsible for adequately protecting the system from damage during the work.
If relocation is required in order to properly protect the system and keep the facility operational
then proper steps need to be taken to achieve such measures.
Location of Underground Utilities:
Clean-Up:
Project Working Hours:
Regular working hours are Monday through Friday from 7:00 A.M. to 5:00 P.M. ET.
Hours will be extended when necessary to maintain the project schedule or as dictated
by construction sequence requirements so as not to disrupt the Owner's operations.
April 17, 2009
GENERAL SUMMARY OF WORK
Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
Bid Package No. 05B - 16A
In all divisions of work, each Subcontractor is to provide their own GENERAL CLEAN-UP. All
necessary general clean up is to be handled by and paid for by the individual Subcontractor,
including hauling debris to the dumpster. This general clean up will be as directed by Rodgers
Builders, Inc.
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GENERAL SUMMARY OF WORK
Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
Bid Package No. 05B - 16A
3.032
3.033
3.034
3.035
3.036
3.037
Subcontractors are not allowed on site unless a representative of Rodgers Builders, Inc.
is on site. When a Subcontractor desires to work weekends or extended hours, it must
be approved in advance by Rodgers Builders, Inc. Tier Subcontractors are not allowed on
site unless the appropriate Subcontractor's superintendent is on site.
All power needs for this package (such as portable generator, etc.) will be provided by
the Subcontractor requiring the power source and the Subcontractor shall pay for all
costs associated with the power source.
Utility Consumption Charges:
The Owner will pay all power and water usage charges for this project; however, abuse of
utility usage by any Subcontractors will not be tolerated.
Water Service:
The Owner will pay for all costs associated with water service, abuse of water usage is
prohibited.
Each superintendent must check in at least twice a day with the Rodgers Builders, Inc.
Project Superintendent.
Temporary sanitary facilities will be provided by Rodgers Builders, Inc. A minimum of one
(1) toilet facility per fifteen (15) persons on site or as directed by local governing
authorities, whichever is greater, will be provided. An approved holding tank or temporary
connection to sanitary sewer will also be provided including all costs associated with
maintenance of the holding tank or tap fees for the temporary sewer, if required by local
governing authorities.
Telephones:
Storage inside the building will not be allowed. Approval from Rodgers Builders, Inc. will
be required for use of any space for storage. Storage trailers will not be allowed on site.
All Subcontractors should include cost for storage as needed for their use.
Each Subcontractor is to provide telephones for his own use (Cellular is acceptable).
Rodgers Builders, Inc. will not provide a phone for Subcontractors to use.
Temporary Power:
Sanitary Facilities:
Temporary Facilities, Temporary Field Office and Storage Trailers:
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April 17, 2009
GENERAL SUMMARY OF WORK
Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
Bid Package No. 05B - 16A
3.038
3.039
3.040
3.041
3.042
3.04
3.05
3.06
3.07
Testing:
All testing provided by the Owner per appropriate specification section. Any retesting due to
unsatisfactory test results will be paid by the Subcontractor requiring the test. Each trade will be
responsible for coordinating and scheduling the testing agency.
All temporary shut-downs will follow the Rodgers Builders, Inc. "Systems/Disruptions
Shutdown/Tie-In Process". Refer to Section IV.C Subcontracting Documents Exhibits in
this manual for the Shutdown/Tie-In Outline as well all related forms and exhibits.
Temporary Construction Fencing will not be furnished Rodgers Builders, Inc. Any
security measures required will be by Subcontractor and Subcontractors.
Temporary Storage & Parking:
Supervision:
Security:
Construction Fence and Pedestrian Protection:
There will be no security service provided. Subcontractor is responsible for security of its
personnel, materials and equipment.
There is no on-site storage or parking available for this project. Each Subcontractor is
required to make and pay for whatever provisions are necessary for their storage
facilities and employee parking. All Subcontractors will utilize only the areas directed by
the Construction Manager.
Temporary Shut-Downs:
Temporary Fire Protection:
Insurance:
Include per General Conditions of the Contract for Construction, Article 11 - Insurance.
Each Subcontractor will provide a qualified full-time supervisory superintendent acceptable to
Rodgers Builders, Inc.
Field Engineering:
Temporary Fire Protection and fire watch will be furnished and maintained by the trade
Bid Package.
Rodgers Builders, Inc. will provide a benchmark for vertical elevations and control line for
horizontal locations only. All other layout work for each scope of work is to be provided by the
Subcontractors. As Built drawings shall be provided with any changes.
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GENERAL SUMMARY OF WORK
Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
Bid Package No. 05B - 16A
3.08
3.09
4.
5.
6.
May 15, 2010
Contact Rodgers Builders, Inc. to obtain a copy of each, if/as necessary, to assure coordination of the
scope of work for these previously awarded Bid Packages.
None to Date for Phase 2
PROJECT MANUAL
All Subcontractors for all Bid Packages are responsible for the provisions of Division 0 and
Division 1 of the Architects Project Manual.
Submittals:
Per Project Manual specification section regarding submittals.
SCHEDULE
Hoisting:
Any and all hoisting (cranes and Rigging) will be provided by each Subcontractor
requiring such services unless otherwise stipulated in the Specific Summaries of
Work.
Bid Package Number & Description Date Awarded
The following Bid Packages have been previously awarded
PREVIOUS BID PACKAGES
Phase - 2Substantial Completion
All Trades will be responsible for including all regular and off hours to meet the project
schedule. All Trades are to review the Project Schedule to be issued by addenda. By
providing a Bid for this project, the Subcontractor accepts the schedule. All costs associated
with maintaining the schedule should be included in the Base Bid. Subject to Article 2 of the
Subcontract Agreement, Construction Manager anticipates that the following portion of the
work will be substantially completed by the following date:
Milestone Description Milestone Dates
Phase - 2 Jobsite Mobilization July 13, 2009
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GENERAL SUMMARY OF WORK
Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
Bid Package No. 05B - 16A
7.
8.
Unless noted otherwise in the bid package scope of work summaries, each Subcontractor must be
responsible for furnishing and installing the blocking, backing and grounds necessary for the installation
of their work. Each Subcontractors must make suitable preparations for the installation of their work,
including all piping, conduit, hangers, inserts, anchors, grounds, and supports that are to be imbedded in
concrete, masonry, walls, floors, partitions or structural members, or that pass through or be attached
thereto. Each Subcontractor must provide and install proper sleeves, boxes, receptacles or chases for all
openings or recesses to receive his work occurring in or passing through any such members, all of which
must be located accurately and secured firmly in place before any such masonry has been erected or
concrete poured.
Any trade required to work on a finished roof area will be required to furnish adequate protection to avoid
any damage to the finished roof area. Any damage that may occur as a trade's failure to protect the roof
area, will be repaired by Rodgers Builders, Inc. All costs incurred by Rodgers Builders, Inc. will be paid
by the trade responsible for protecting the finished roof area. Method of protection must be approved by
Rodgers Builders, Inc.
LIFE SAFETY
All Subcontractors are responsible for sealing (fire caulking, etc.) their penetrations per all North Carolina
State Building Code requirements and Underwriters Laboratories, Inc. (UL) approved assemblies as
called out in the North Carolina Building Code. Each Subcontractor will submit to Rodgers Builders, Inc.
copies of Product Data for all products used. The cost of repair damaged fireproofing or fire caulking,
etc. will be charged to the Subcontractor who caused the damage.
CUTTING & PATCHING
Subcontractors who require cutting and patching are responsible for all cutting and patching, including
finishes. All cutting and patching must have the approval of Rodgers Builders, Inc. No cutting of floor
slabs (except slab on grade) will be allowed. All major floor penetrations will be boxed out (formed); all
minor floor penetrations may be sleeved. The Construction Manager will provide ALL column lines on
each floor. Each Subcontractor will be responsible for locating and installing their own box-outs or
sleeves. Box-outs/forms may be removable wood forms or cast in place metal. Sleeves may be
removable cores or cast-in-place metal. All shall be set square, plumb, and true to finish floor level,
stuffed or capped to be kept clean. Core drilling is prohibited in all post-tensioned slabs.
All Subcontractors are responsible for the provisions of the specifications sections enumerated within the
Specific Scope Summary of Work for which they are preparing a proposal.
All Subcontractors are responsible to review all applicable specification sections that are not enumerated
within their specific scope of work to ensure that their proposals incorporate any/all provisions that are
applicable to the work of their trade(s).
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April 17, 2009
GENERAL SUMMARY OF WORK
Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
Bid Package No. 05B - 16A
9.
9.01
9.02
9.03
9.04
9.05
9.06
10.
Subcontractors or Vendors with detailed shop drawings requiring more than ten (10) shop drawings or
requiring staggered submittals must meet with Rodgers Builders, Inc.'s Project Manager and submit a
written schedule, the sequence of drawing preparation, and a plan showing the sequence of installation.
Acceptance of the above three (3) items by Rodgers Builders, Inc. and Subcontractor or Vendor must be
obtained prior to the beginning of shop drawings or any fabrications.
All submittals must be addressed to:
Discovery Place
Matt Seagren
Interior Renovations Phase 2 Formal Packages
400 West Trade Street
Submittals must begin within seven (7) calendar days after receipt of a Subcontract or Letter of Intent
from Rodgers Builders, Inc., unless otherwise stated in the Specific Summary of Work.
Submittals must be completed in time to allow for a minimum of four (4) weeks for the Construction
Manager and Architect to review and return to the Subcontractor or Vendor without affecting the
construction schedule for the project. Rodgers Builders, Inc. shall not be responsible for delays in shop
drawing submittals, as well as continuous re-submittals, caused by Subcontractors/Vendors as
Subcontractors/Vendors shall overcome such delays.
SUBMITTALS/SHOP DRAWINGS
Subcontractors and Vendors must prepare all submittals to Rodgers Builders, Inc. as required by and
noted in the Contract Documents.
Charlotte, North Carolina 28202
Job progress meetings will be held each week at the Rodgers Builders, Inc. field office. Attendance by
each Subcontractor working on site is mandatory. Subcontractor project managers are required to attend
at least one (1) meeting per week. Subcontractor superintendents must attend every meeting. The
following will be the agenda:
Schedule
Horizon Issues
Safety
Submittals
Change Order Pricing
Coordination
JOB PROGRESS MEETINGS
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GENERAL SUMMARY OF WORK
Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
Bid Package No. 05B - 16A
1.
2.
3.
4.
5.
11.
12.
13.
1.
2.
3.
4.
5.
The Subcontractor or Vendor must make all corrections indicated on the submittal and furnish ten (10)
sets of approved and, if required, corrected shop drawings noted "FIELD USE" or "FOR
CONSTRUCTION". Additional sets may be required for coordination with other trades and shall be
furnished as requested at no additional cost.
The project name.
The Subcontractor or Vendor making the submittal.
The specification section and paragraph of the submittal.
Office Phone Number
Fax Number
Preconstruction meetings will be required for all items of work. Rodgers Builders, Inc. will issue a
schedule of those meetings.
SCHEDULE OF VALUES
Schedule of Values to be submitted to Rodgers Builders, Inc. for approval prior to the first pay
application.
PROJECT DIRECTORY
Reason for submittal; i.e., approval, re-submittal, information.
Contact person if a submitted item requires discussion.
Submittals are to be made per the Project Manual, unless otherwise stated in the Specific Summary of
Work. All submittals must be accompanied by a transmittal containing the following information:
Home Phone Number
Pager Number
Rodgers Builders, Inc. will maintain a project directory that will include the following contact information
for all Subcontractor and Vendor Project Managers, Superintendents:
The Owner, Architect, and Rodgers Builders, Inc. reserve the right to reject shop drawings for review for
reasons including, but not limited to, the inability to clearly read the information or dimensions on the
drawings, scale too small for proper review, improper information and/or incomplete submittal.
Submittals rejected must be redrawn, reworked and/or recompiled without delay.
Refer to the Architect's Project Manual for additional information concerning specific requirements for
specified items.
Contact Name
QUALITY CONTROL
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GENERAL SUMMARY OF WORK
Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
Bid Package No. 05B - 16A
6.
7.
14.
15.
16.
16.01
16.02
16.03
The Electrical Subcontractor will leave existing lighting in place as necessary to serve as
temporary lighting, until such time that new fixtures are operational. Switch over to new
permanent lighting will be coordinated with both Rodgers Builders and the Owner. At the
direction of Rodgers Builders, the Electrical Subcontractor will furnish, install, maintain, and
remove and complete additional temporary electrical lighting, service and distribution system for
use by the Construction Manager and all Subcontractors during the entire project duration,
commencing with the stipulations of Item 16.03 below
The Project Directory information must be submitted to Rodgers Builders, Inc. within seven (7) calendar
days of the date of the subcontract and prior to the first Approval for Payment. (A Project Directory
Information Request is included in Section IV.C. Subcontractor Document Exhibits of this Bid Package
Manual.)
E-mail Address
Mobile Number
TEMPORARY ELECTRICAL POWER AND LIGHTING
As partitions are completed, service locations must be added and/or relocated to maintain the
capacity of reaching any point in a building with a 100 foot extension cord. Each service location
must have a minimum of four (4) 20 amp, 120 volt, 60hz, single phase grounded duplex
receptacles, and be fed by a minimum of two (2) 20 amp circuits and (1) one 220 volt, 60hz,
single phase, 30 amp, circuit suitable for a portable welder.
The Electrical Subcontractor will leave all existing lighting in place until to serve as temporary
lighting, until such time that new fixtures are operational. Switch over to new permanent lighting
will be coordinated with both Rodgers Builders and the Owner. At the direction of Rodgers
Builders, the Electrical Subcontractor will furnish, install, maintain, and remove all additional
complete temporary electrical service and distribution system for use by the Rodgers Builders,
Inc. for construction, This must be maintained by the Electrical Subcontractor for the entire project
duration. At no time will any lighting fall below OSHA and all other prevailing jurisdictional
requirements regardless of the above stipulations.
RADIO COMMUNICATION
All Subcontractors will provide their superintendents with walkie talkies or Nex-Tel Systems equipped
with the same frequency as Rodgers Builders, Inc. If the Subcontractor intends to use radio
communication within their own organization, it should be on a different frequency.
DRINKING WATER
All Subcontractors must provide their own drinking water, ice and cups.
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GENERAL SUMMARY OF WORK
Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
Bid Package No. 05B - 16A
16.04
16.05
16.06
16.07
16.08
16.09
16.10
16.11
16.12
16.13
16.14
All temporary electrical installations (power and lighting) must be in compliance with the latest
National Electrical Code (N.E.C.) or OSHA, whichever is more stringent. Compliance with N.E.C.
Section 210-8(b) is the responsibility of the Electrical Subcontractor, including all testing which
may be required.
The Electrical Subcontractor will completely remove the temporary electrical service and
distribution system when directed to do so by the Construction Manager.
The Subcontractor is responsible for the installation in or through all ceilings and partitions, and
must patch their work as necessary after removal of the temporary electrical system at no
additional cost to the Construction Manager or Owner.
The Electrical Subcontractor will furnish and install all electrical service and connections for all
temporary controls, HVAC, heating, and ventilation systems. This includes providing temporary
duct detectors, if required.
The Electrical Subcontractor will perform and document with a representative of the Construction
Manager the monthly monitoring of an OSHA approved ground fault system. Repairs to the
system must be a part of the program.
Overtime work requiring standby electricians will be at the expense of the Subcontractors
requiring same.
Installation of temporary electrical power and lighting must be as scheduled by the Construction
Manager.
All wire and cable must be sized to hold voltage drop at all outlets to a maximum of five percent
(5%) total from the transformer for the temporary service.
Portions of the permanent electrical system may, at the option of the Electrical Subcontractor be
used for temporary power and lighting. The Electrical Subcontractor must replace all burned out
lamps and damaged wiring devices and plates prior to acceptance of the building by the Owner.
Any electrical requirements for power or lighting beyond those listed in this article will be the
responsibility of Subcontractors requiring them.
The Electrical Subcontractor must provide power to the tower crane, hoist, and jobsite trailer.
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GENERAL SUMMARY OF WORK
Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
Bid Package No. 05B - 16A
17.
17.01
17.02
17.021
17.022
17.023
17.024
Maximum acceptable relative humidity will be 60% for achieving a proper indoor
environment for mold mitigation, accelerated drying of drywall mud, paint systems,
fireproofing and/or stabilizing hardwoods. This excludes the Rain Forest area.
Maximum acceptable relative humidity will be 40% for achieving a proper indoor
environment for accelerated drying of cast in place concrete slabs to receive flooring or
other toppings. This excludes the Rain Forest area.
TEMPORARY HEATING, COOLING, AND VENTILATING SYSTEMS
Until the permanent heating, cooling, and ventilating systems hereinafter specified are installed
within the building and approved for use prior to occupancy of the building by the Owner and at
any time work is performed outside the building, each Subcontractor must provide all heating,
cooling, and/or ventilating equipment, fuel, labor, supervision and maintenance necessary to
protect his work and material against injury from the elements, including but not limited to
dampness and cold. Each Subcontractor must provide temporary heating and devices as
approved by the Construction Manager, electrical power, adequate and proper fuel, enclosures,
etc. required for performing the work of his trades.
After a section of the building is enclosed with the permanent skin or temporary enclosures, the
Mechanical contractor or his designated temporary dehumidification and/or climate control
Subcontractor must furnish, install, maintain and operate an adequate temporary
dehumidification, heating, cooling, and/or ventilation system to satisfy OSHA requirements and to
maintain suitable humidity levels during finishing operations by whatever means applicable. This
is inclusive of all equipment, fuel, labor, supervision, and maintenance necessary to operation of
these systems.
In the event that gas-fired or open flame heating devices are used, they must be of the
heat exchanger type, properly vented to the outdoors, and must comply with the local,
state and federal regulations.
Portions of the new permanent heating, cooling, and ventilation system may, at the
option of the Owner or his designated representative, Architect or Engineer, be used for
temporary heating, cooling and/or ventilation providing that all parts of the systems are
cleaned and restored to prime condition prior to acceptance. The Mechanical
Subcontractor must remove any filters used during the temporary ventilation period and
replace with new filters. Temporary filters must be maintained and replaced as required
and/or as directed by Rodgers Builders, Inc. to maintain systems cleanliness.
Maintenance and cleaning of the heating and cooling coils must likewise be included. In
addition, the Mechanical Subcontractor must pay the cost of extending warranty and
guarantee periods on any permanent equipment used prior to Substantial Completion.
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GENERAL SUMMARY OF WORK
Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
Bid Package No. 05B - 16A
18.
18.01
19.
19.01
19.02
19.021 Daily Forms:
Job Hazard Analysis (JHA)
Pre-Trenching and Excavation Checklist
Safety Harness Checklist
19.022 Weekly Forms:
Crane Inspection Form - Crane Operator’s Inspection Form
Lifting Cables and Straps Inspection
19.023 As Needed:
Accident Investigation Form – Rodgers or Subcontractor Form
19.03
SAFETY AND HEALTH
Safety Forms that must be submitted by the Subcontractor to Rodgers on a daily, weekly and “as
needed” schedule are listed below and included for your reference in Section IV, Contracting
Documents, Item C., Subcontractor Document Exhibits, of the project Bid Package Manual.
The Job Hazard Analysis Form is a daily checklist or pre-work meeting to assess and
identify subcontractor’s potential safety hazards for the day’s work. It will also allow
subcontractor to pre-plan for necessary personal protective equipment needed for daily
tasks. This form is to be submitted to the Rodgers’ on-site supervisor each morning
before work begins.
Safety Certifications for the following operations require either OSHA, DOT, EPA or Rodgers’
certification or qualifications in order to operate or use. This list is not inclusive of all operations or
processes but is the responsibility of the subcontractor to provide necessary safety training for
certification compliance: Forklift – Industrial Truck; Rough Terrain Forklift – Lull, Gehl Lift’s; Skid
Steer – With or Without Fork Attachments; Scissor Lifts; Telescopic Boom Lift (Cherry Picker);
Back Hoe; Powder Actuated Tools – Hilti, Ramset; Cranes (Tower, Hydraulic, Crawler, Boom,
Truck); Scaffolds (Mast Climbing, Masonry, Swing Stage, Baker for type using on project); and,
Trenching and Excavation “Competent Person” Training.
EROSION CONTROL & TREE PROTECTION
Any required erosion control will be provided by the Subcontractor for Bid Package 02L.
Subcontractor must have a comprehensive written Safety and Health Program along with a
complete listing of All Material Safety Data Sheets. This information shall be in binder form and on
the jobsite at all times.
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GENERAL SUMMARY OF WORK
Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
Bid Package No. 05B - 16A
19.04
19.05
19.06
19.07
19.08
19.09
19.10
Any Subcontractor who removes barricades and/or temporary guardrails to perform work is
responsible for the reinstallation at the end of the performed task, day's work or as soon as this
area of work is complete, whichever is sooner. All other safety requirements are by Subcontractor
requiring such or affected by working conditions.
Subcontractors shall adhere to all State and Federal mandated Fall Protection Requirements as it
relates to their specific task or specialty trade work. The following items are inclusive to this
provision; Scaffolding, Ladders, Steel Erection, Concrete Forming, Leading Edge Work, Roofing,
Masonry, Telescopic Boom Lifts and Scissor Lifts. Failure to comply with Fall Protection will result
in the immediate dismissal of the offending person from the job site.
Furnish and install temporary ramps, steps, etc., to provide access to work areas which are not
yet accessible by permanent construction, such as ladders to elevated slabs when steps are not
yet installed.
Subcontractor must have an on-site safety representative for their duration of the project. The
individual must be named in the site-specific safety program and shall have training equivalent to
the OSHA 10-Hour course. This individual will not be considered a full-time safety representative
however; he/she will be responsible for maintaining the Subcontractor's work in a safe condition,
conducting safety inspections on a daily basis with documented reports and reporting accidents
and injuries should they occur. This individual shall be a "Competent Person" set forth by OSHA
guidelines as having the ability to recognize unsafe work condition and the authority to make
corrective actions.
As indicated in the Specific Summaries of Work, the designated Subcontractor must furnish and
install temporary OSHA approved protection at all elevated floor slab edges, floor openings,
elevator hoistways, and mechanical or utility chases. The Subcontractor requiring removal of
floor, roof, or shaft protection for the installation of their work, will be responsible for maintaining
safety and replacement of the protection when the work on any given day is at pause or complete
for the day until contract work is substantially complete. All temporary protection will become the
property of Rodgers Builders, Inc.
A complete “Competent Person” listing of employees shall be submitted with the subcontractor’s
safety program. The Competent Persons shall have authority to recognize and immediately shut
down an unsafe operation.
Every Subcontractor will be required to furnish a “Site Specific” Fall Protection Plan for their work.
This will include working from Roofs, Scaffolds, Ladders, Steel, Telescopic Boom Lifts, Masonry,
Concrete Forming, Leading Edge Work, or any area where you will be working 6 feet above a
working surface. Included with this plan you must provide training documentation of each
employee as it relates to the Fall Protection for your work. If successful in your bidding, this Site
Specific Plan must be submitted prior to or at your scheduled Preconstruction Meeting.
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GENERAL SUMMARY OF WORK
Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
Bid Package No. 05B - 16A
19.11
19.12
19.13
20.
20.01
21.
21.01
22.
22.01
BEHAVIOR OF CONSTRUCTION PERSONNEL
Rodgers Builders, Inc. will not tolerate any unseemly behavior from the construction personnel. If
such behavior results, immediate dismissal of the offending person from the job site will be
demanded. No spitting on the floors or other unsanitary actions will be tolerated. No radios or loud
noise will be permitted on the project site. Construction will take place with finishes in place, each
Subcontractor is responsible for protection of in place finishes.
Each Subcontractor and their Subcontractors shall provide written certification (prior to beginning
work on the project) that they comply with the substance abuse requirements of Rodgers
Builders, Inc.'s Subcontract Agreement, specifically Paragraph 5.6.9. If they do not have a
program in place, they must accept Rodgers Builders, Inc.'s Drug, Alcohol and Substance Abuse
Program.
GENERAL PROTECTION
All Subcontractors will be held responsible for the protection of existing construction. Material or
equipment exceeding design live load will not be permitted on concrete slabs. Smoking or use of
tobacco products will not be permitted in the building. Food and drinks are not permitted in the
building. This is an occupied facility, no loud noise producing equipment or loud construction
methods will be allowed without the consent of Rodgers Builders. The use of loud equipment and
loud construction methods should be limited to times that the museum is closed to the public. All
costs associated with using loud equipment and loud construction methods should be anticipated,
and included in the Base bid cost.
All Subcontractor employees; management and workers, their Vendors and delivery drivers who
enter the project grounds will be required to wear "High Visibility" Safety Vests. This only applies
to exterior operations.
During warmer climate, high visibility shirts; either long sleeve or short sleeve Orange/Lime Green
Fluorescent may be appropriately substituted for a Vest. Employees will not be allowed to work
unless these requirements are met.
All Subcontractor employees; management and workers, their Vendors and delivery drivers who
enter the project grounds will be required to wear ANSI Approved Safety Glasses. Employees will
not be allowed to work unless this requirement is met.
Clean-up by all Subcontractors is to be continuous with no exceptions. Each Subcontractor will
include a line item on their schedule of values, to establish their estimated value for daily clean up
throughout their duration on the project, acceptable to Rodgers Builders, Inc.
CLEAN-UP
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April 17, 2009
GENERAL SUMMARY OF WORK
Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
Bid Package No. 05B - 16A
22.02
22.03
22.04
22.05
22.06
22.07
23.
23.01
24.
24.01
RECORD DRAWINGS
The Subcontractor for each bid package will clean all public thoroughfares that are soiled as a
result of their actions on this project.
Disposal of hazardous materials on site is strictly prohibited. All hazardous materials must be
disposed of in accordance with governing laws. Disposal of hazardous materials are the
responsibility of the Subcontractor using the materials and not the responsibility of any other
Subcontractors on site.
In all divisions of work, each Subcontractor is to provide their own daily clean-up. Daily clean-up is
required and a continuous operation. This includes all labor and equipment to keep their areas
vacuum clean and haul their debris to central locations where dumpsters will be provided by
Rodgers Builders, Inc. unless otherwise required by the Specific Summaries of Work. All debris
must be placed inside the dumpsters. It may not hang out of, or be piled above the sides of the
dumpster. If any Subcontractor fails to clean up as directed by Rodgers Builders, Inc. within
twenty-four (24) hours of verbal or written notification, Rodgers Builders, Inc. will hire a cleaning
Subcontractor to complete the clean up and the cost, plus appropriate mark up, will be back
charged to the Subcontractors.
Record drawings are to be submitted to Rodgers Builders, Inc. at substantial completion. Final
payment will not be issued until all record drawings are received and approved by the Owner,
Rodgers Builders, Inc. and the Architect.
Due to the location of this project site, it is imperative that all Subcontractors/Vendors be required
to clean mud or debris from any vehicle under their jurisdiction prior to leaving the site and
entering municipal streets or highways. Any Subcontractor who fails to do so will be required to
perform the necessary clean up.
Final cleaning will be by the Subcontractor for Bid Package 18A General Works. The final
cleaning will be coordinated with Rodgers Builders, Inc. following initial cleaning by each trade,
and will be an activity on the construction schedule.
Rodgers Builders, Inc. will provide refuse containers throughout the site. It is the responsibility of
the Subcontractor to empty these into the dumpsters.
Each bid package Subcontractor will be responsible for all costs associated with trash removal
associated with the Scope of Work within the bid package. This does not include dumpster and
pull charges unless indicated by the Specific Summaries of Work.
FINAL CLEANING
Rodgers Builders…Our Passion is Building.®
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April 17, 2009
GENERAL SUMMARY OF WORK
Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
Bid Package No. 05B - 16A
25.
25.01
25.02
25.03
25.04
25.05
25.06
25.07
25.08
25.09
25.10
25.11
25.12
25.13
If the permanent return air system is utilized during construction, temporary filters must be
installed and maintained by the Subcontractor for Bid Package No.15D. The temporary filters will
remain in place until the Owner approves their removal.
Renovated areas within an occupied facility will be required to maintain negative air pressure with
respect to surrounding areas. This will be done by the use of approved exhaust fans furnished by
the Subcontractor for Bid Package No. 15D. The exhaust fan must be approved by Rodgers
Builders, Inc. and equipped with a HEPA filter. It will be exhausted by temporary duct to the
outside if possible. Filters will be changed as necessary to maintain negative air pressure.
All temporary partitions must be rated as indicated in the pricing documents.
INTERIOR AIR QUALITY DURING CONSTRUCTION
All vacuum cleaners will be equipped with HEPA filters.
All Subcontractors will utilize appropriate dust control procedures to reduce the risk of allowing air
borne contaminants into occupied areas. This includes, but is not limited to, dust control
procedures during all site activities.
The permanent return air system will not be started unless approved by the Owner and Rodgers
Builders, Inc.
Where possible, negative pressure vestibules will be constructed by Bid Package No. 9A as
directed by Rodgers Builders, Inc. Mechanical equipment necessary to maintain negative
pressure will be provided by the Subcontractor for Bid Package 15D.
The Subcontractor for Bid Package No. 15D is responsible to protect the existing and or new
HVAC return air system on all projects.
The Subcontractor for Bid Package No.15D is responsible to protect the existing and or new
HVAC supply air system on all projects.
All porous materials such as insulation will be protected from exposure to moisture (items, which
remain exposed to moisture for more than a few hours may need to be replaced).
All workers are required to be dust free prior to entering any occupied space within the facility.
Egress in and out of construction areas will be determined by Rodgers Builders, Inc. and
identified on the staging and logistics plan.
The construction area will be damp mopped or vacuumed daily by all Subcontractors as directed
by Rodgers Builders, Inc. All surfaces must be cleaned daily.
Rodgers Builders, Inc. will issue a staging and logistics plan to all Subcontractors.
Rodgers Builders…Our Passion is Building.®
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April 17, 2009
GENERAL SUMMARY OF WORK
Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
Bid Package No. 05B - 16A
25.14
25.15
25.16
25.17
25.18
25.19
25.20
25.21
26.
27.
27.01
28.
28.01
The Demolition Subcontractor (Bid Package 02L) will provide and change walk off mats as
necessary.
TOWER CRANE USE AND RIGGING -NOT USED
All containers of liquid products should be kept closed as much as possible.
All liquid spills or leaks are to be reported to Rodgers Builders, Inc. immediately. Rodgers
Builders, Inc. will designate a point of contact (POC) for all such issues. All spills must be
documented in Subcontractor Daily Reports and Rodgers Builders, Inc. Daily Construction
Reports, refer to Section IV.C. Subcontractor Document Exhibits in this Bid Package Manual.
Subcontractors must abide by all applicable Federal, State and local employment laws,
ordinances, rules and/or regulations. This includes, but is not limited to, all applicable immigration
laws and obligations. First-Tier Subcontractors must notify and otherwise bind Second-Tier
Subcontractors to this responsibility.
COMPLIANCE WITH LAWS (INCLUDING IMMIGRATION LAWS)
Successful Subcontractors will be required to provide contract documents as required at their
own expense. The Construction Manager will not provide or reproduce documents for the
Subcontractors.
CONTRACT DOCUMENTS PROVIDED TO SUBCONTRACTORS
The Owner will provide continuous monitoring of air pressure flow from the occupied area of the
facility to the construction area.
As a minimum, when approved by Rodgers Builders, Inc. and the Owner, temporary dust
partitions constructed of 6-mil polyethylene can be utilized when performing above ceiling work in
occupied areas.
All sitework activities will be conducted so as to reduce dust.
When required the use of equipment in the construction area may need to be restricted in order to
maintain Interior Air Quality. This could involve substituting cleaner equipment or changing
operating procedures. As a minimum of equipment is not in use it should be cycled off.
All waste material, which can release odor or dust, should be covered or sealed.
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April 17, 2009
GENERAL SUMMARY OF WORK
Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
Bid Package No. 05B - 16A
29.
29.01
30.
30.01
The Overall project goal for the Discovery Place Renovation Project is seven percent (7%). In
accordance with the City of Charlotte’s Small Business Opportunity Program. The established
goal for each formal Bid Package is included in the Specific Summary of Work for each formal
Package. Please refer to the SBO program policy included herein. For further questions, please
contact the SBO Program Manager for the Discovery Place Renovation Project - Lil Associates II,
Inc., Jasmine Hines, 704-372-3331 or [email protected].
LIQUIDATED DAMAGES
Rodgers Builders Inc. reserves the right to assess liquidated damages in the amount of one
thousand dollars ($1,000) per calendar day for failure to comply with the conditions of award. This
sum may be deducted from the contractor’s payment for failure to deliver/perform when specified.
No premium will be awarded to the contractor for delivery/performance in advance of the
specified time.
SMALL BUSINESS OPPORTUNITIES
Rodgers Builders…Our Passion is Building.®
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SBO Program Part A Administration and Enforcement (3/23/2007) - 1 -
Part A
SBO Program
Administration and Enforcement
Section 1: Program Overview and Scope This document describes the background and general administration of the City of Charlotte’s Small
Business Opportunity (“SBO”) Program. Capitalized terms used in this document are defined in Appendix
1, which is attached and incorporated by reference. Section references in this document refer to Part A
unless otherwise stated. The SBO Program is divided into 7 Parts, based on the type of contract and whether the situation
involves procurement or post contract compliance. For reference purposes, these Parts are:
Part A: Administration and Enforcement Part E: SBE Certification and Eligibility Part B: Construction Bidding Part F: Financial Partners Part C: Services Procurement Part G: Alternative Construction Agreements Part D: Post Contract Award
1.1. Program Background: The City of Charlotte has a long history of creating and implementing
economic development strategies to support and encourage local business growth at all levels.
Until January 2002, the Minority and Woman Business Development (MWBD) Program had been
a major component of this strategy. This era was brought to an end, however, when a legal
challenge forced the Charlotte City Council to terminate the race and gender conscious
components of the local MWBD Program.
Immediately after terminating the race and gender conscious components of the local MWBD
program, the Charlotte City Council appointed a Stakeholders Committee of citizens to study
alternatives to the MWBD program. The Stakeholders Committee’s charge was to:
Determine community needs to promote equal opportunity for City contracting;
Research other municipal programs;
Recommend legal program options; and
Review organizational structure and required resources.
The Stakeholders Committee, assisted by City staff, began its work in February 2002. Through a
process that included gathering information from other municipalities, private sector experts and a
SBO Program Part A Administration and Enforcement (3/23/2007) - 2 -
public hearing, the Committee examined the challenges facing Charlotte’s minority and woman
owned business community.
What the Committee found was that many of the issues faced by minority and woman owned
businesses were common to other small businesses in Charlotte. Further evaluation showed that
these challenges were centered on the general business environment, access to capital and access
to markets.
In June 2002, after careful consideration, the Stakeholders Committee made a number of
recommendations to the Charlotte City Council. These recommendations included the following
components aimed at helping small businesses obtain access to capital and access to markets:
Development of a small business center/virtual business center;
Training and continuing education initiatives;
A loan fund to increase access to equity and working capital;
Development of a goals based, good faith efforts small business enterprise utilization
program;
Review and revise City contracting and procurement processes; and
Conduct small business outreach.
In July 2002, the City Council directed the City Manager to begin the process of implementing the
Stakeholder Committee’s recommendations. The purpose of this Small Business Opportunity
Program (SBO Program) is to implement the following two Stakeholders Committee
recommendations: (a) developing a goal based, good faith efforts small business utilization
program, and (b) conducting small business outreach. The remaining recommendations of the
Stakeholders Committee have been or are being implemented independent of this Program.
City Council adopted the original version of the SBO Program in January, 2003. The SBO
Program went into effect in March, 2003, and was amended by City Council in September 2003
based on a series of public input sessions and feedback. Additional revisions were made in
September 2004 and March 2007.
1.2. Program Enabling Legislation. On August 27, 2002, the North Carolina General Assembly
ratified S.B. 1336 which added a new Section 8.88 to the Charlotte City Charter authorizing the
City of Charlotte to establish a Small Business Enterprise program to promote the development of
small businesses in the Charlotte Metropolitan Statistical Area, and to enhance opportunities for
small businesses to participate in City contracts (Session Law 2002-91). The bill authorizes the
City to establish bid and proposal specifications that include goals and good faith efforts
requirements to enhance participation by small businesses in City contracts. It also permits the
SBO Program Part A Administration and Enforcement (3/23/2007) - 3 -
City to consider a bidder’s compliance with such requirements in awarding contracts, and to
refuse to award contracts to bidders that fail to comply. In addition, the City has broad authority
to engage in economic development and community development activities pursuant to G.S. 158-
7.1 and G.S. 160A-456.
1.3. Anti Discrimination. The City is committed to promoting equal opportunities in City contracting.
The City has adopted a Commercial Non-Discrimination Policy that prohibits discrimination on the
basis of race, gender, religion, national origin, ethnicity, age, disability, or any other form of
unlawful discrimination in connection with City contracts, including discrimination in the
solicitation, selection, hiring, or treatment of vendors, suppliers, subcontractors, brokers, joint
venture partners or manufacturers. The City further prohibits retaliation against any person,
business or other entity for reporting any incident of prohibited discrimination.
1.4. Findings By City Council. The Charlotte City Council finds that a race and gender neutral
program employing goals and good faith efforts requirements to promote the utilization of small
businesses in City contracts will benefit the City by: (a) promoting competition in City contracting;
and (b) promoting economic growth and development in the Charlotte MSA. The Charlotte City
Council further finds that small business standards set at roughly one quarter of the size
standards established by the Small Business Administration (SBA) for businesses participating in
SBA programs are reasonably reflective of business size in the Charlotte Metropolitan Statistical
Area.
1.5. Program Scope. The SBO Program applies to those aspects of the City's contracting and
procurement programs where subcontracting is likely, including construction contracts, architect
and engineer contracts and other service contracts such as janitorial and consulting. The
provisions of the SBO Program take precedence over any conflicting departmental plans or
procedures, except to the extent the SBO Program may conflict with the requirements of federal,
state or local laws, rules or regulations. The SBO Program is intended to supplement and not
replace existing requirements under North Carolina law or federal law relating to promoting
minority and women business participation in City contracts. Any goals or efforts established to
achieve minority and women business participation in City contracts consistent with North
Carolina law shall take precedence over goals for small business participation established under
the SBO Program.
1.6. Program Objectives. The SBO Program seeks to enhance competition in City contracting and
promote economic growth and development in the Charlotte MSA by:
Increasing small business enterprise business utilization in City contracting;
Promoting existing small business growth and profitability in the Charlotte MSA;
Promoting small business start-up and development in the Charlotte MSA;
SBO Program Part A Administration and Enforcement (3/23/2007) - 4 -
Monitoring SBE participation and contract compliance with the provisions of the SBO
Program; and
Evaluating and reporting contract activity subject to the provisions of the SBO Program to
the City Manager's Office and to the City Council.
1.7. Program Roles and Responsibilities. The SBO Program establishes the following roles and
responsibilities for specific City personnel:
1.7.1. The Charlotte City Manager is primarily responsible for implementing SBO Program.
The Manager shall:
Determine the organization structure and appropriate staffing of the SBO Program
Office;
Establish lines of authority and reporting for successful program implementation;
Recommend funding for SBO Program staffing, operations, training and outreach;
Assure the integration of the SBO Program components into the practices and
processes of all City Key Business Units (KBU); and
Make revisions to the SBO Program as needed from time to time to facilitate
administration and fulfill Program objectives.
1.7.2. The SBO Program Manager is responsible for:
Daily administration of all components of the SBO Program and supervision of the
SBO Program staff;
Developing such rules and guidelines as may be necessary to effectuate the
purposes of the SBO Program;
Advising the City Manager on SBO Program issues;
Consulting with Key Business Executives and their staffs on SBO Program
implementation;
Being the ombudsman for small business concerns associated with the SBO
Program;
Receiving reports of Federal Disadvantaged Business Enterprise Program
(FDBEP) activities from the appropriate KBU and reporting the outcome of those
activities to the City Manager;
Monitoring and reporting minority and women business participation as required
by North Carolina law, including N. C. Gen. Stat. §143-128.3 (Minority Business
Enterprise Participation Administration); and
Making revisions to the SBO Program as needed from time to time to facilitate
administration and fulfill Program objectives.
1.7.3. Key Business Executives (KBEs) are responsible for:
SBO Program Part A Administration and Enforcement (3/23/2007) - 5 -
Ensuring SBO Program compliance within their Key Business Unit (KBU);
Developing and implementing strategies to achieve the annual and project
participation goals established by the SBO Program;
Integrating the SBO Program components into their practices and processes;
Reporting SBE, DBE and/or MBE utilization as required by the SBO Program
Manager; and
Promoting the SBO Program and SBE participation in the contracting and
procurement activities of their KBU.
1.7.4. The City Attorney’s Office is responsible for:
Reviewing the SBO Program, rules and guidelines to ensure their compliance with
federal, state and local laws;
Reviewing recommendations to reject a Bid for non-compliance with SBO
Program requirements and provisions; and
Advising the City Council, City Manager, KBEs, and the SBO Program Manager
on legal issues related to SBO Program and its implementation.
Section 2: Definitions Capitalized terms used in the SBO Program shall have the meanings set forth in Appendix 1 to Part A.
Section 3: Internal City SBE Goals for Informal Contracts 3.1. Annual SBE Goals by KBUs for Informal Contracts: At the beginning of each City fiscal year,
the Program Manager will recommend to the City Manager an annual SBE goal for each KBU
measuring the aggregate SBE participation in all Informal Contracts undertaken by that KBU. In
determining annual SBE goals and measuring KBU goal achievement, Exempt Contracts shall be
excluded, other than those that are exempt solely because they are Informal Contracts.
3.2. Goal Setting Methodology: The Program Manager, as a basis for establishing annual SBE
Goals for each KBU for Informal Contracts, shall determine the present availability of all SBEs in
the City’s Vendor Management System (VMS). In addition, the Program Manager shall conduct
such inquiries, studies and hearings, and utilize information and assistance from such persons,
Contractors, entities or organizations including but not limited to the KBEs, as necessary to
establish recommended goals.
3.3. Accountability. The City Manager shall take such steps as are appropriate to ensure
accountability in meeting such goals by the KBUs.
SBO Program Part A Administration and Enforcement (3/23/2007) - 6 -
Section 4: Project Specific SBE Goals 4.1. Contracts for which Project-Specific SBE Goals Are Set. Project specific SBE Goals shall be
set for all Contracts, except as provided otherwise in this Program. The type of SBO Program
requirements applicable depend on the type of Contract, with the various options being listed
below:
Construction Contracts: Part B
Service Contracts: Part C
Financial Partner Agreements: Part F
Developer Agreements: Part G
Infrastructure Reimbursement Agreements Part G
Construction Manager At Risk Contracts Part G
4.2. Program Manager establishes Goal-Setting Methodology. The Program Manager shall
establish a methodology for setting SBE Goals for Contracts, through rules and guidelines for the
implementation of the SBO Program. Such methodology shall take into account the reasonably
known availability of SBEs in specific industry groupings that are associated with individual
projects. Such methodology may also take into account the use of an optional Goals Committee
or consultation of the Business Advisory Committee.
4.3. Goals Committees.
4.3.1. Appointment. The City Manager may appoint, as requested in the Program Manager’s
discretion, one or more Goals Committees to advise and assist the Program Manager in
determining SBE Goals for various types of Contracts. Goals Committees, if appointed,
shall consist of members with first-hand knowledge of the applicable service or industry.
4.3.2. Role of Goals Committees. If appointed, Goals Committees shall consider data about
SBE availability to perform the substantive work requirements of a Contract under
consideration, and shall provide advice to the Program Manager concerning SBE Goal
setting on those projects for which the Program Manager has requested their assistance.
SBE availability shall be based on Small Business Enterprises the City has listed in its
Vendor Management System (VMS). The Program Manager may use such advice and
assistance from the Goals Committees to the extent that the Program Manager deems it
appropriate and consistent with the purposes of SBO Program.
4.3.3. The Program Manager may also consult the Business Advisory Committee regarding
SBE Goals for various Contracts.
SBO Program Part A Administration and Enforcement (3/23/2007) - 7 -
Section 5: Mandatory Subcontractor Requirements 5.1. Mandatory Subcontractor Requirements--Authorization and Intent. Section 8.82 of the
Charlotte City Charter authorizes the Charlotte City Council to establish specifications requiring
Contractors to subcontract a certain percentage of the work in Construction Contracts. City
Council may from time to time elect to exercise this authority to enhance SBE participation in
Construction Contracts when Council determines that doing so is reasonably practicable in light
of industry practice and consistent with the City’s best interests.
5.2 Guidelines and Recommendations. The Program Manager will develop guidelines for
identifying those Contracts where establishing mandatory subcontracting requirements would:
(a) be practicable in light of industry practice and (b) provide significant opportunities for SBEs.
Based on these guidelines, the Program Manager may from time to time recommend that City
Council establish mandatory subcontracting requirements for particular Contracts. If City
Council establishes mandatory subcontracting requirements for a Contract, all Bidders
submitting Bids or Proposals on the Contract shall be required to: (a) subcontract the amount
of work specified by City Council; and (b) use Good Faith Efforts (as defined in Parts B, C or D,
depending on the type of Contract) to subcontract such work to SBEs. In the event a
Contractor is unable to subcontract the designated percentage of work to SBEs, the Contractor
shall nevertheless be required to subcontract the designated percentage of work to other third
party contractors.
Section 6: Special Provisions for Exempt Contracts 6.1. SBO Program Provisions Applicable To Certain Exempt Contracts. Bidders for Exempt
Contracts must negotiate in good faith with each SBE that responds to the Bidder’s solicitations and each SBE that contacts the Bidder on its own accord, as defined and required by Parts B, C,
D, F and G. Additionally, certain provisions of Part D of the SBO Program (relating to Post
Contract Award) shall apply to Exempt Contracts, other than Exempt Contracts that fall within
Sections 23.3 through 23.9 of Appendix 1. The provisions of Part D that apply are listed in
Section 1.1 of Part D.
6.2. Special Provision for Exempt Contracts. If requested by the Program Manager, Business
Enterprises that enter into Exempt Contracts shall be required to notify the City of any
subcontracting opportunities that may arise on the Exempt Contract for which there are Qualified
SBEs listed in the City’s database.
SBO Program Part A Administration and Enforcement (3/23/2007) - 8 -
6.2 Failure to comply with this Section shall be deemed a material breach of the Exempt Contract. In
such event, the City shall be entitled to exercise any of the remedies set forth in Part D.
Section 7: Extension of SBO Program Requirements to Exempt Contracts. KBEs may in their
discretion elect to include in bids and proposals for Exempt Contracts (including but not limited to Informal
Contracts) a requirement that bidders comply with any or all SBO Program requirements applicable to
Contracts, including but not limited to the requirement that an SBE Goal be established for the Contract.
In such event the Exempt Contract shall be deemed a “Contract” for purposes of this Program.
Section 8: SBE Outreach, Assistance and Business Development
8.1 The SBDP Office, in cooperation with KBEs or their designees, is authorized to develop programs
and activities to provide outreach to Small Business Enterprises, and to assist the business
development of such enterprises. These activities may include, but are not limited to:
8.1.1. Communicating information on the SBO Program through newsletters, the Internet,
workshops, training activities, and other outreach activities conducted by the City or by
other public or private entities in collaboration with the City.
8.1.2. Development of a resource directory to be provided to the small business community in
the Charlotte MSA with information as to assistance in bonding, financial management
and/or accounting, continuing education, professional organization and other resources
that improve small business market access or capacity.
8.1.3. Such other programs or activities as the Program Manager may from time to time
recommend.
Section 9: Special Provisions for Renewal of Contracts 9.1 In the event the City renews a Contract without a competitive process, the City Key Business Unit
or department responsible for monitoring the Contract shall:
9.1.1. Recommend a Supplemental SBE Goal for the renewal period (which will be the
Committed SBE Goal unless there is just cause to change it),
9.1.2. Upon SBDP approval of the Supplemental SBE Goal, communicate the Goal to the
Contractor,
9.1.3. Communicate to the Contractor that the City requires the Contractor to either meet the
Supplemental SBE Goal or comply with the Modified Good Faith Efforts and Good Faith
Negotiation requirements set forth in Part D.
SBO Program Part A Administration and Enforcement (3/23/2007) - 9 -
9.2 The Supplemental SBE Goal and Modified Good Faith Efforts and Good Faith Negotiation
requirements shall be incorporated into the Contract renewal document. The Contractor entering
into the renewal shall be required to either meet the Supplemental SBE Goal or document that it
has satisfied the Modified Good Faith Efforts and Good Faith Negotiation requirements
referenced herein. Failure to do so shall: (a) subject the Contractor to any of the remedies set
forth in Part D of this Program; and / or (b) result in the City soliciting new Bids or Proposals for
the Contract rather than renewing with the existing Contractor.
Section 10: Small Business Opportunity Program Administration 10.1 Quarterly reports. The Program Manager shall prepare written reports four (4) times each fiscal
year, which shall describe the City’s progress in meeting the annual Citywide goal for SBE
utilization on Informal Contracts, KBUs progress in meeting KBU goals for Informal Contracts and
the extent to which Contractors are meeting per project SBE Goals. Copies of such reports shall
be provided to the affected KBUs, the City Manager and City Council. The quarterly report shall
10.1.1. Address the City’s progress in implementing the SBO Program, any problems or issues
that have arisen in implementing the SBO Program and the City’s plans for addressing
such problems.
10.1.2. Provide a summary of Informal Contract activities conducted by KBUs.
10.1.3. Provide a summary of all funds paid to SBEs as prime contractors or subcontractors on
City Contracts during the fiscal year.
10.2 Annual report; explanation of failure to achieve annual goal. If the annual SBE goal for
Informal Contracts is not met for a given year, the Program Manager shall submit to the City
Manager and City Council a report that compares SBE utilization achieved to the annual goals,
states the reasons why the goals were not met, and recommends further efforts that the City
should make to provide opportunity in City contracting and procurement activities and
recommend what should be done to meet SBE goals in the future.
10.3 Rules and guidelines. The Program Manager shall have the power and authority and may
adopt rules and guidelines to effectuate the purpose and operation of the SBO Program, including
by way of example but not by way of limitation, rules and guidelines relating to:
10.3.1. Qualification of a Business Enterprise as a Small Business Enterprise;
10.3.2. Composition of the Goals Committees and/or the procedure for inquiries, studies or
hearings with respect to establishing annual SBE goals for Informal Contracts or per
project SBE Goals;
10.3.3. Determination of Good Faith Negotiation and Good Faith Efforts criteria and the required
documentation; and
10.3.4. Determination of whether an SBE Goal has been met and the required documentation;
SBO Program Part A Administration and Enforcement (3/23/2007) - 10 -
10.3.5. Definition of Commercially Useful Function and/or Conduit activity;
10.3.6. Clarification of defined terms or correction of inappropriate cross-references to sections
within the SBO Program
10.3.7. The procedures, methods and criteria for Certification and decertification of SBEs,
including but not limited to the procedures and methods of Certification, questions of
ownership, management and control, affiliation, independence, continued eligibility and
renewal of Certification, interviews, complaints, investigations and onsite visits, burden of
proof, denial or granting of Certification, suspension and/or revocation of Certification,
graduation size standards and other criteria.
10.4 Authority to Amend or Modidy Program, Forms and Documentation Requirements. The
City Manager is authorized to amend this Program as he or she deems appropriate from time to
time. The Program Manager shall have the power and authority to amend this Program to modify
any forms or documentation requirements that are required by this Program, including but not
limited to the forms required to document the attainment of SBE Goals, Good Faith Negotiation or
Good Faith Efforts. Such modifications may increase, decrease or change the forms and/or
documentation requirements established by this Program in such manner as the Program
Manager deems appropriate in his or her discretion to promote the purpose and intent of the
Program, including but not limited to:
10.4.1. Promoting outreach to SBEs;
10.4.2. Promoting the utilization and development of SBEs; and
10.4.3. Accomplishing (a) and (b) in a manner that minimizes the burden on Bidders and SBEs
and minimizes the cost of administering the Program to City taxpayers.
10.5 Minor Non-Compliance Waiver. In addition to and without limiting the Program Manager’s
power and authority to grant waivers as provided elsewhere in this Program, the Program
Manager shall have the power and authority to waive non-compliance with this Program if:
a. The non-compliance is minor in nature
b. Waiving the non-compliance would not put Bidders that complied with the SBO
Program at a competitive disadvantage; and
c. The non compliance does not reflect a lack of diligence on the Bidder’s part in
complying with the Program. For example, a repeated violation of the same Program
provision on two or more bids might be deemed a lack of diligence in complying with
the Program.
The conditions set forth in subsections (a) through (c) of this Section shall not apply to waivers
granted pursuant to the provisions in Parts B and C of this Program. relating to Waiver of Good
Faith Efforts and Good Faith Negotiation.
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The waivers authorized in this Program may be granted without notice to City Council (including
without limitation waivers authorized in Parts B and C). Nothing in this Program shall require the
Program Manager to grant a waiver in any situation, or give rise to a suggestion that the Program
Manager might be inclined to grant a waiver in a certain situation. Likewise, the City shall not be
bound by any oral representation made by any City employee, official, agent or representative
that a waiver will be granted for a particular instance or for a category of instances.
10.6 Reviews. Any person or entity who is the subject of and is directly and adversely affected by a
determination of the Program Manager on behalf of the City under the SBO Program may seek
review of such decision by the City Manager through a written request for such review within thirty
(30) calendar days of the determination by the Program Manager. This paragraph shall not be
construed to create a right of standing that does not otherwise exist under North Carolina law.
Section 11: Severability 11.1 If any provision of the SBO Program or any application thereof is held invalid or unenforceable,
such invalidity or unenforceability shall not affect other provisions or applications of the SBO
Program which can be given effect without the invalid provisions or applications and the
remaining provisions are to be severable and shall remain in full force and effect.
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Appendix 1 to Part A
SBO Program
Definitions
Capitalized terms used in the SBO Program shall have the meanings set forth below
1. Affiliate: Business Enterprises are “Affiliates” of each other when:
1.1. One either directly or indirectly controls or has the power to control the other;
1.2. A third party or parties controls or has the power to control both; or
1.3. Other relationships between or among the parties exist such that affiliation may be found.
A Business Enterprise is an “Affiliate” of an Eligible Owner when the Eligible Owner has possession,
direct or indirect, of either (i) the ownership of or ability to direct the voting of more than fifty percent
(50%) of the equity interests, value or voting power of such Business Enterprise, or (ii) the power to
direct or cause the direction of the management and policies of such Business Enterprise whether
through the ownership of voting securities, by contract or otherwise.
In determining whether a Business Enterprise is an “Affiliate” of another Business Enterprise or of an
Eligible Owner, consideration shall be given to all appropriate factors, including but not limited to
common ownership, common management, contractual relationships and shared facilities. The
Program Manager may utilize, in the interpretation of this definition, the definition of affiliate set forth
in 13 C.F.R. § 121.103 or successor regulation, as from time to time amended.
2. Bid: Documents a Business Enterprise submits in response to City Solicitation Documents for the
purpose of obtaining a Contract (including without limitation responses to requests for qualification,
requests for proposals and invitations to bid).
3. Bidder: A Business Enterprise that submits a Bid or Proposal for a Contract.
4. Bid Opening: For Contracts that are subject to formal bidding requirements under the North
Carolina Bid statutes (G.S. 143-128 and 143-129 et. seq.), the Bid Opening shall be the date that
Bids are opened by the City. For other Contracts, the Bid Opening shall mean the date that Bids,
Proposals or submittals are due.
5. Broker: A Business Enterprise that performs a Commercially Useful Function as an intermediary, for
a fee, in the acquisition of materials, supplies or equipment, regardless of whether or not it takes title
to such materials, supplies or equipment, but is not a Manufacturer or Regular Dealer. A
manufacturer's representative shall be deemed a Broker. Only bona fide commissions earned by a
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Broker for its activities in performing a Commercially Useful Function on City projects shall be
counted toward the SBE Goal.
6. Business Advisory Committee: A committee of citizens appointed by the Mayor and City Council
for the purpose of providing recommendations and advice to the City on ways the City helps
businesses in Charlotte.
7. Business Days: Days on which the administrative offices of the City of Charlotte are open for the
public to do business.
8. Business Enterprise: Any corporation, limited liability company, partnership, individual, sole
proprietorship, joint stock company, joint venture, professional association or any other legal entity,
whether operated for profit or a non-profit, other than: (a) a Financial Partner; or (b) the City or any
other unit of federal, state or local government. Business enterprises must also be properly licensed,
as applicable, and otherwise authorized to do business in the State of North Carolina.
9. Certification: Authorization by the Program Manager for a Business Enterprise to participate as an
SBE under the SBO Program. Certification shall occur in accordance with Part E of the SBO
Program. Certification neither represents nor implies that a Business Enterprise is qualified to
perform a particular Contract, or that it performs a Commercially Useful Function on a particular
Contract.
10. Charlotte Metropolitan Statistical Area (MSA): The Charlotte-Gastonia-Concord, NC-SC
Metropolitan Statistical Area, as defined from time to time by the United States Office of Management
and Budget (OMB).
11. City: The City of Charlotte, North Carolina, a North Carolina municipal corporation.
12. City Solicitation Documents: The documents issued by the City to solicit Bids or Proposals for a
Contract, including but not limited to invitations to bid, requests for qualifications, requests for
proposals, plans and specifications and proposed contract provisions. May also be referred to as the
“Solicitation Documents.”
13. Commercially Useful Function: A function performed by a Business Enterprise when it is
responsible for supplying goods or executing of a distinct element of the work of a contract and
carrying out its responsibilities by actually performing, managing and supervising the work involved.
To determine whether an SBE is performing a Commercially Useful Function, the amount of work
subcontracted, industry practices and other relevant factors will be evaluated. Commercially Useful
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Function is measured for purposes of determining participation on a Contract, not for determination of
Certification eligibility.
14. Committed SBE Goal: Goal that a Contractor commits to achieve for a Contract at Contract award
(which will be the SBE goal stated in the Contractor’s Bid or Proposal unless modified by mutual
agreement of the City and the Contractor).
15. Conduit: An SBE that knowingly agrees to pass the scope of work for which it is listed for
participation and is scheduled to perform or supply on the contract, to a non-SBE firm. In this type of
relationship, the SBE has not performed a Commercially Useful Function and therefore the SBE's
participation does not count toward the SBE Goal.
16. Construction Contract: A Contract under which a Business Enterprise agrees to provide
construction or repair services to the City, and for which the City has set an SBE Goal. A
Construction Contract may be for horizontal or vertical construction or repair work.
17. Construction Manager-At-Risk Contract (or CM at Risk Contract): A construction manager-at-
risk agreement as defined in N.C. Gen. Stat. 143-128.1. This includes contracts where a licensed
general contractor provides construction management services throughout the construction process,
and guarantees the cost of the project.
18. Contract: Any agreement through which the City procures services from a Business Enterprise,
other than Exempt Contracts. Contracts include agreements and purchase orders for (a)
construction, re-construction, alteration and remodeling; (b) architectural work, engineering, testing,
construction management and other professional services related to construction; and (c) services of
any nature (including but not limited to general consulting and technology-related services). Contracts
do not include agreements or purchase orders for the purchase or lease of apparatus, supplies,
goods or equipment. Likewise, Contracts do not include agreements or purchase orders that the City
did not set an SBE Goal for (such as when the City determines that there are no subcontracting
opportunities on a project).
The term "Contract" shall also include Exempt Contracts for which an SBE Goal has been set.
Financial Partner Agreements, Development Agreements and Construction Manager-at-Risk
Agreements shall also be deemed “Contracts,” but shall be subject only to the provisions referenced
in the respective Parts of the SBO Program listed below:
Financial Partner Agreements Part F
Construction Manager at Risk Agreements Part G
Developer Agreements Part G
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Infrastructure Improvement Agreements Part G
19. Contractor: A Business Enterprise that enters into a Contract. The term “Contractor” shall include
consultants, architects, engineers, suppliers and other providers of goods and services, in addition to
construction contractors. For purposes of Part D only, the term “Contractor” shall also include
Business Enterprises that are parties to Exempt Contracts (other than Exempt Contracts that fall
within Sections 23.3 through 23.9):
20. Days: Any reference to “days” in this Program shall mean calendar days, unless it is specifically
indicated to be Business Days.
21. Developer Agreement: A Contract under which the City agrees to provide funding of $200,000 or
more for a “public-private development project,” as defined in Section 7-109 of the City of Charlotte
Charter. Section 7-109 defines a public-private development project as a capital project comprising
both public and private facilities that are located (i) in the City’s central business district, as defined by
City Council; (ii) in or along a major transportation corridor; or (iii) in a development zone designated
pursuant to G.S. 105-129.3A.
22. Eligible Owner: An owner of an SBE who meets the criteria for “Eligible Owner” as set forth in Part
E of the SBO Program.
23. Exempt Contracts: Contracts that fall within one or more of the following categories shall be
“Exempt Contracts” unless the KBU responsible for procuring the Contract decides otherwise:
23.1. Informal Contracts. Informal Contracts shall be Exempt Contracts.
23.2. No Competitive Process Contracts: Contracts or purchase orders that are entered into
without a competitive process, or entered into based on a competitive process administered
by an entity other than the City shall be Exempt Contracts, including but not limited to
contracts that are entered into by sole sourcing, piggybacking, buying off the North Carolina
State contract, buying from a competitive bidding group purchasing program as allowed
under G.S. 143-129(e)(3), or using the emergency procurement procedures established by
the North Carolina General Statutes.
23.3. Managed Competition Contracts: Managed competition contracts pursuant to which a City
KBU or division competes with Business Enterprises to perform a City function shall be
Exempt Contracts.
23.4. Real Estate Leasing and Acquisition Contracts: Contracts for the acquisition or lease of
real estate shall be Exempt Contracts.
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23.5. Federal Contracts Subject to DBE Requirements: Contracts that are subject to the U.S.
Department of Transportation Disadvantaged Business Enterprise Program as set forth in 49
CFR Part 26 or any successor legislation shall be Exempt Contracts.
23.6. State Contracts Subject to MWBE Requirements: Contracts for which a minority and
women business participation goal is set pursuant to G.S. 143-128.2(a) due to a building
project receiving funding from the State of North Carolina shall be Exempt Contracts.
23.7. Financial Partner Agreements with DBE or MWBE Requirements: Contracts that are
subject to a disadvantaged business development program or minority and women business
development program maintained by a Financial Partner shall be Exempt Contracts.
23.8. Interlocal Agreements: Contracts with other units of federal, state or local government shall
be Exempt Contracts.
23.9. Contracts for Legal Services: Contracts for legal services shall be Exempt Contracts,
unless otherwise indicated by the City Attorney.
23.10. Contracts with Waivers: Contracts for which the SBO Program Manager or the City
Manager waives the SBO Program requirements shall be Exempt Contracts.
23.11. Special Exemptions: Contracts where the KBU and the Program Manager agree that the
KBU had no discretion to hire an SBE (e.g., emergency contracts or contracts for banking or
insurance services) shall be Exempt Contracts.
Exempt Contracts shall be subject to the SBO Program requirements identified in Section 6 of
Part A, but shall not be subject to other SBO Program requirements.
24. Financial Partner: A non-profit agency or organization with whom the City of Charlotte contracts to
provide specific services for the community. These agencies extend the City’s capacity to address
strategic priorities and concerns of the community. Partnerships include those due to special
legislation, those that support City Council’s strategic focus areas, and those that contribute to
important community activities.
25. Financial Partner Agreements: A Contract under which the City agrees to provide funding to a
Financial Partner.
26. Goals Committees: Committees of citizens with expertise in construction and other relevant
industries, which may be appointed by the City Manager as set out in Part A of this Program to advise
the Program Manager as to SBE Goal setting.
27. Good Faith Efforts (or GFEs): The requirements that Bidders and Proposers must meet to show
that they actively and aggressively sought to achieve the SBE Goal. Good Faith Efforts requirements
vary based on the type of Contract, and are defined by Contract type in Parts B, C, F and G of this
Program
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28. Good Faith Negotiation: The obligation of Bidders and Proposers to negotiate in good faith with
SBEs.
29. Informal Contracts: Contracts and purchase orders through which the City procures services from a
Business Enterprise that fall within one of the following 2 categories:
29.1. Construction Contracts Less Than or Equal To $200,000: Contracts for construction or
repair work that are estimated to require a total expenditure of City funds less than or equal to
$200,000.
29.2. Service Contracts That Are Less Than or Equal To $100,000: Service Contracts that are
estimated to require a total expenditure of City funds less than or equal to $100,000.
30. Infrastructure Reimbursement Agreements: Reimbursement agreements with private developers
and property owners that are approved by the City pursuant to Section 2-2 of Charlotte City Code for
the design and construction of municipal infrastructure that is included in the City’s Capital
Improvement Plan and serves the developer or property owner. Infrastructure Reimbursement
Agreements may involve, without limitation, water mains, sanitary sewer lines, lift stations, stormwater
lines, streets, curb and gutter, sidewalks, traffic control devices and other associated facilities.
31. Joint Venture: An association of two (2) or more Business Enterprises to constitute a single
Business Enterprise for which purpose they combine their property, capital, efforts, skills and
knowledge. Each participant in the Joint Venture must be responsible for a clearly defined portion of
work, must perform a Commercially Useful Function, and must share in the ownership, control,
management responsibilities, risks and profits of the Joint Venture.
32. Key Business Executive (KBE) and Key Business Unit (KBU): A Key Business Executive (or
“KBE”) is the manager or director of a City Key Business Unit (or “KBU”). As used in this Program,
the term KBE also applies to a person that the KBE may designate to take such actions as are
required or permitted under this Program. The term “Key Business Unit” or KBU refers to a
department of the City.
33. Manufacturer: A Business Enterprise that operates or maintains a factory or establishment that
produces, or substantially alters, on the premises the materials, supplies or equipment provided to
Contractors, Subcontractors, Regular Dealers or Brokers in connection with a Contract. Expenditures
for materials, supplies and equipment obtained from a Manufacturer shall count 100% toward the
SBE Goal.
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34. Minority and Women Business Enterprise Goal (MWBE): Any goals set by the State of North
Carolina, the City Council or the City Manager for minority and women business participation in City
contracts.
35. Modified GFEs or Modified Good Faith Efforts: The requirements a Contractor must meet to
solicit SBEs during the term of a Contract or Contract renewal, as set forth in Part D.
36. NAICS: North American Industry Classification System (NAICS) codes expressed either in number
of employees (size standards) or annual receipts in millions of dollars by industry or service type.
37. NIGP: National Institute of Governmental Purchasing (NIGP) codes used to describe commodities
purchased by governmental agencies. Services a Business Enterprise provides are categorized by
NIGP codes.
38. Packager: A Business Enterprise that performs a Commercially Useful Function in the packaging of
goods used in or delivered under a Contract, but is not a Regular Dealer or a Manufacturer. A
Packager shall be considered as, and treated as, a Broker. This industry comprises establishments
primarily engaged in packaging client-owned materials. The services may include labeling and/or
imprinting the package. Only the fee paid to the Packager for services that constitute a Commercially
Useful Function provided shall count toward the SBE Goal.
39. Program Manager: The division manager of the City’s SBO Program or a person whom the division
manager has designated to exercise the Program Manager’s rights or duties in a particular situation.
40. Proposal: Documents a Business Enterprise submits in response to City Solicitation Documents for
the purpose of obtaining a Services Contract (including without limitation responses to requests for
qualification, requests for proposals and invitations to bid).
41. Proposal Opening: The date and time that Proposals are due.
42. Proposer: A Business Enterprise that submits a Proposal for a Services Contract. In some
instances, a Proposer may also be referred to as Bidder.
43. Qualified SBE: An SBE that has the financial ability, skill, experience and access to the necessary
staff, facilities and equipment to complete a particular Contract or subcontract, and otherwise meets
the criteria for being a “responsible bidder” within the meaning of the North Carolina bid statutes. The
Program Manager, with advice from the City Attorney, may develop methods and criteria for
assessment of whether a particular SBE is Qualified for a particular Contract or subcontract for the
purposes of the SBO Program. Nothing contained herein shall in any respect supersede or invalidate
rules and regulations that a KBE or City Division Director may promulgate with respect to pre-
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qualification of City Contractors. The City makes no representations as to the qualification of any SBE
or any other Business Enterprise.
44. Regular Dealer: This shall mean a Business Enterprise that owns, operates or maintains a store,
warehouse or other establishment in which the materials or supplies required for the performance of a
Construction Contract are bought, kept in stock and regularly sold to the public in the usual course of
business. To be a Regular Dealer, the Business Enterprise must engage in, as a substantial and
material portion of its business, and in its own name, the purchase and sale of the products in
question. A Regular Dealer in such bulk items as steel, cement, gravel, stone and petroleum products
need not keep such products in stock if it owns or operates distribution equipment. Brokers,
Conduits, Packagers and manufacturer's representatives shall not be regarded as Regular Dealers
within the meaning of this term. Expenditures for materials, supplies and equipment obtained from a
Regular Dealer shall count 100% toward the SBE Goal.
45. Selection Committee: An individual or committee of City staff and/or consultants formed to evaluate
Proposals for a Services Contract.
46. Services Contract: A Contract for a Business Enterprise to provide services to the City that is not a
Construction Contract. Examples include but are not limited to contracts for architectural,
engineering, surveying or construction management services, contracts for janitorial services,
contracts for computer consulting and contracts for language interpretation. Contracts for legal
services are not Services Contracts within the meaning of this Section unless the City Attorney
decides otherwise in a particular instance.
47. Small Business Development Program (“SBDP”) Office: The City’s Small Business Development
Program Office, also referred to as the SBDP Office.
48. Small Business Enterprise (SBE): A Business Enterprise that is certified by the Program Manager
under Part E of the SBO Program as meeting all of the requirements for SBE certification.
49. Small Business Enterprise Assistance Organizations (“SBE Assistance Organizations”): An
organization that accelerates the successful development of start-up and fledgling companies by
providing them with an array of targeted resources and services. These organizations may provide
management guidance, technical assistance and consulting tailored to small, minority- or women-
owned businesses. The SBO Program Manager shall have sole discretion to determine whether a
particular organization constitutes an SBE Assistance Organization for purposes of this Program.
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50. Small Business Enterprise Goal (“SBE Goal”): A goal established by the City for SBE utilization
on a Contract. Calculated as a percentage, the SBE Goal represents the total dollars spent with SBEs
as a portion of the total Bid or Proposal amount, including any contingency.
51. Small Business Enterprise Participation Plan (“SBE Participation Plan”): A modified version of
the SBO Program that private developers and property owners develop as a condition of entering into
Development Agreements or Infrastructure Reimbursement Agreements with the City. The SBE
Participation Plan establishes the developer or property owner’s SBE Goal and outlines the initiatives
the developer or property owner will undertake to achieve the SBE Goal.
52. Subcontractor: A Business Enterprise that directly contracts with a Contractor, subcontractor or
subconsultant to provide goods or services or perform work in connection with a Contract. The value
of the Commercially Useful Function to be performed by an SBE Subcontractor shall count 100%
toward the SBE Goal. The term “Subcontractor” also includes Subconsultants” and “Suppliers”.
53. Supplemental SBE Goal: SBE goal established for a renewal, amendment or change order to an
existing Contract.
SBO Program Part B Construction (3/23/2007) 1
Part B
SBO Program
Formal Construction Bidding
Section 1: Scope This document states requirements that Bidders must comply with under the City of Charlotte’s Small
Business Opportunity (“SBO”) Program to obtain Construction Contracts with the City of Charlotte.
Capitalized terms used in this document are defined in Appendix 1 to Part A of the SBO Program. Section
references in this document refer to Part B unless otherwise stated. Once executed, Construction
Contracts are subject to the post contract award requirements set forth in Part D. The SBO Program is divided into 7 Parts, based on the type of contract and whether the situation involves
procurement or post contract compliance. For reference purposes, these Parts are:
Part A: Administration and Enforcement Part E: SBE Certification and Eligibility Part B: Construction Bidding Part F: Financial Partners Part C: Services Procurement Part G: Alternative Construction Agreements Part D: Post Contract Award
Section 2: General Requirements 2.1. When the City Solicitation Documents for a Construction Contract contain an SBE Goal,
each Bidder must either: (a) meet the SBE Goal, or (b) comply with the Good Faith Negotiation and Good Faith Efforts requirements set forth in Sections 4 and 5. Failure to do
so constitutes grounds for rejection of the Bid. The City Solicitation Documents will contain certain
forms that Bidders must complete to document having met these requirements.
2.2. When the City Solicitation Documents for a Construction Contract do not contain an SBE Goal, each Bidder must negotiate in good faith with each SBE that responds to the Bidder’s
solicitations and each SBE that contacts the Bidder on its own accord (as defined more specifically
in Section 4.4).
2.3. Self-Performance. Self-performance does not exempt Bidders from SBO Program requirements.
Bidders that do not meet the SBE Goal for a Construction Contract and desire to self-perform all or
SBO Program Part B Construction (3/23/2007) 2
part of the Construction Contract must nevertheless demonstrate that they complied with the Good
Faith Negotiation and Good Faith Efforts requirements as set forth in Sections 4 and 5.
2.4. No SBE Goal When There Are No SBE Subcontracting Opportunities. The City shall not
establish an SBE Goal for Construction Contracts where there are no SBEs certified to perform
the scopes of work that the City regards as realistic opportunities for subcontracting.
2.5. Mandatory Subcontracting Provision. Section 8.82 of the Charlotte City Charter authorizes the
Charlotte City Council to establish specifications requiring Contractors to subcontract a certain
percentage of the work in Construction Contracts. City Council may from time to time elect to
exercise this authority to enhance SBE participation in Construction Contracts when it determines
that doing so is reasonably practicable in light of industry practice and consistent with the City’s
best interests. If City Council establishes mandatory subcontracting requirements for a
Construction Contract, all Bidders submitting Bids or Proposals on the Contract shall be required
to: (a) subcontract the amount of work specified by City Council; and (b) use Good Faith Efforts to
subcontract such work to SBEs. In the event a Contractor is unable to subcontract the designated
percentage of work to SBEs, the Contractor shall nevertheless be required to subcontract the
designated percentage of work to other third party contractors.
Section 3: Establishing and Meeting the SBE Goal 3.1. SBE Goals shall be established in the following manner:
3.1.1. For each Construction Contract, the Program Manager shall establish an SBE Goal that
is a percentage of the dollar value of all services and goods the Construction Contract
requires (including any contingency), provided that the Program Manager or City
Manager may waive the goal requirement for a given Construction Contract if either of
them determines it to be in the best interests of the City.
3.1.2. In the event a City Key Business Executive issuing a Construction Contract disagrees
with the goal set by the Program Manager, the City Manager or an Assistant City
Manager shall resolve the matter.
3.2. The City will only give Bidders credit toward the SBE Goal for those SBEs that:
3.2.1. Are certified SBEs as of Bid Opening; and
SBO Program Part B Construction (3/23/2007) 3
3.2.2. Will actually perform a Commercially Useful Function as defined in Part A (which
means, among other things, an SBE acting solely as a Conduit will not be counted); and
3.2.3. Will perform within the area(s) for which they are certified by the City unless the
Bidder provides documentation satisfactory to the City showing that the SBE has
performed similar work in the past. Documentation to satisfy this requirement may
include invoices showing the SBE has previously performed such work. The Bidder must
submit this documentation with Form 4 (the Letter of Intent).
3.3. Using SBEs the City Did Not List in City Solicitation Documents. Bidders shall receive credit
for using SBEs that the City did not list in the City Solicitation Documents, as long as the
requirements of Section 3.2 are met.
3.4. Calculating SBE Participation Based on Type of SBE. The City shall count SBE participation
on a Construction Contract as set forth below.
3.4.1. SBE Subcontractor: If the Bidder utilizes an SBE as a Subcontractor to perform
services, the City shall count 100% of the value of the Commercially Useful Function the
SBE performs toward satisfaction of the SBE Goal.
3.4.2. SBE Manufacturer or Regular Dealer: The City shall count 100% of all expenditures
for materials, supplies and equipment obtained from an SBE Manufacturer or Regular
Dealer toward the SBE Goal.
3.4.3. SBE Broker or Packager: The City shall count fees or commissions charged by an SBE
Broker or Packager for providing a Commercially Useful Function toward the SBE Goal,
provided that the Program Manager determines that the fee or commission is reasonable
and not excessive as compared with fees customarily charged for similar services. A
Commercially Useful Function by an SBE Broker or Packager shall be defined as
providing professional, technical, consultant or managerial services and assistance to
procure essential personnel, facilities, equipment, materials or supplies required for the
performance of the Contract.
3.4.4. SBE Joint Venture. In order for the City to count SBE participation in a Joint Venture
toward achievement of the SBE Goal, the Bidder shall submit the Joint Venture proposal
to the Program Manager at least 10 Business Days before submitting its Bid. The SBO
Program Manager will review the proposal and, assuming that the Bidder does not need
to provide more information, the Program Manager will inform the Bidder at least 5 Business Days before Bid Opening whether the City will be able to count the SBE’s
participation toward the SBE Goal.
SBE participation by an SBE Joint Venturer will be calculated as provided above, based
on whether the SBE Joint Venturer will be performing a role most similar to that of a
SBO Program Part B Construction (3/23/2007) 4
Subcontractor, Regular Dealer, Manufacturer, Broker or Packager. For instance, if the
SBE Joint Venturer’s role is most similar to that of a Subcontractor, 100% of the value of
the Commercially Useful Function performed by the SBE will count toward the SBE
Goal.
3.5. Documenting SBE Participation for Purpose of Meeting SBE Goal. The City may only give
Bidders credit toward the SBE Goal for SBE participation that is:
(a) Listed on Form 3 (the Subcontractor/Supplier Utilization Commitment Form as defined in Section 3.6) submitted with the Bid; and
(b) Documented by Form 4 (the SBE Letter of Intent Form as defined in Section
3.7), that is submitted to the City within the time period set forth in Section 3.7.
3.6. Form 3: Subcontractor/Supplier Utilization Commitment. City Solicitation Documents for each
Construction Contract will include a form labeled “Subcontractor/Supplier Utilization Commitment”
(“Form 3”), which captures information regarding the SBEs and other subcontractors and suppliers
that the Bidder intends to use on the Contract. Failure to properly complete and submit Form 3
with the Bid constitutes grounds for rejection of the Bid.
3.7. Form 4: Letter of Intent. Within 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 for each SBE listed in Form 3. Bidders may use the Letter of Intent that
the City provides with the City Solicitation Documents or may use an alternative form if it contains
the same information as Form 4. Regardless of the form, each Letter of Intent must be executed
by both the SBE and the Bidder. The KBU shall not count proposed SBE utilization for which it has
not received a Letter of Intent by this deadline unless the SBE certifies to the City that it originally
agreed to participate in the Contract at the level reported by the Bidder, but subsequently declined
to do so.
Section 4: Good Faith Negotiation 4.1. Bidders that fail to meet the SBE Goal must comply with the Good Faith Negotiation and
Good Faith Efforts requirements set forth in Sections 4 and 5. 4.2. City Outreach. At least 10 days before Bid Opening on a Construction Contract, the City will send
a “Project Notice” to SBEs that are certified in the areas where the City anticipates subcontracting
on the project. The Project Notice will describe the project and identify the areas where
subcontracting is anticipated. The City will also make available (by email, posting on the City’s
SBO Program Part B Construction (3/23/2007) 5
website or other means) either: (a) a list of Bidders that have submitted Form 1 (Notification of
Subcontracting/Purchasing Opportunities) or other notices of their intent to bid or (b) a list of
Bidders that have picked up or requested the City Solicitation Documents for the project. 4.3. Good Faith Negotiation. All Bidders that fail to meet the SBE Goal (including Bidders that desire
to self-perform) must negotiate in good faith with each SBE that responds to the Bidder’s
solicitations and each SBE that contacts the Bidder on its own accord (“Interested SBEs”).
4.4. Failure to Negotiate In Good Faith. The City may find that a Bidder did not meet its Good Faith
Negotiation obligation if in the City’s judgment, the Bidder rejects an Interested SBE’s bid for
reasons other than: (a) the SBE’s bid was higher than what was proposed by the subcontractor or
supplier the Bidder decided to use or higher than the Bidder’s cost of performing such work on its
own; (b) the SBE was not a “Qualified SBE” as defined in Part A; or (c) the Business Enterprise
that will be performing in place of the Interested SBE is more qualified than the Interested SBE, to
the extent that such difference in qualification would materially impact the Bidder’s Bid, or (d) there
was a material deficiency with the Interested SBE’s bid (such as it being submitted late, containing
inaccurate information, etc.). The City Solicitation Documents may contain a form for Bidders to
document Good Faith Negotiation. The City may also request on a case-by-case basis
documentation sufficient in the City’s judgment to prove that the Bidder’s reasons for rejecting an
Interested SBE are valid. Bidders must provide such forms and information within the time period
specified by the City. Failure to comply with the requirements set forth in this Section (the “Good
Faith Negotiation Requirements”) shall constitute grounds for rejecting a Bid. Notwithstanding the
forgoing, Bidders may reject an Interested SBE’s bid for work that is being performed by an SBE
participating in a mentor / protégé program run by the City or recognized as a valid mentor /
protégé program by the SBO Program Manager in his or her sole discretion.
Section 5: Good Faith Efforts
5.1. If a Bidder has not fully met the SBE Goal, then it must document that it has made Good Faith Efforts in compliance with this Section 5. Failure to do so constitutes grounds for rejection
of the Bid. “Good Faith Efforts” are referred to in this Section as “GFEs”.
5.2. Minimum GFE Points. For each Construction Contract, the KBU shall: (a) assign points to the
various GFE categories listed in this Section; and (b) establish a minimum total number of points
that a Bidder must obtain in order to meet the GFE requirements (the “Minimum GFE Points”).
These numbers shall be set forth in the City Solicitation Documents on Form 5 (the GFE and
SBO Program Part B Construction (3/23/2007) 6
Statement of GFE Compliance form). The KBU may exclude or modify certain GFE categories
based on the nature and amount of the Contract.
5.3. GFE Categories. For each Construction Contract, the KBU shall assign GFE points among the
following categories:
5.3.1. Notification of Subcontracting Opportunities (“Form 1”). To receive credit for this
GFE, a Bidder must provide to the City not later than 14 Days before Bid Opening a list
of the areas in which the Bidder intends to seek subcontractors and suppliers. The
Bidder may report this information on Form 1 or on another document providing the
same information as Form 1. Bidders may submit Form 1 by fax, hand delivery, email,
overnight courier or regular mail. However, if requested by the City, Bidders must be
able to document having sent Form 1 to the City by the deadline in the same manner as
Bidders are required to document having made SBE Contacts in Section 5.3.2.3.
5.3.2. SBE Contacts. The City will specify in the City Solicitation Documents either the
minimum number of SBEs the Bidder must contact to receive credit for this GFE or a
method for determining which or how many SBEs must be contacted. A Bidder must
make the required contacts not less than 7 Days before Bid Opening to receive credit.
5.3.2.1. Solicitation Method: The Bidder shall make the SBE solicitations by
facsimile transmission, e-mail, telephone communication, U.S. Mail, overnight
courier service or in-person discussion. Regardless of the method of contact,
the solicitation must occur not less than 7 Days before Bid Opening. If the
Bidder contacts SBEs by U.S. Mail, the KBU shall presume that the solicitation
reached the SBE by the required deadline if the Bidder: (a) mailed the
solicitation at least 10 Days prior to the Bid Opening; and (b) documented the
solicitation as required by Section 5.3.2.3.
5.3.2.2. Solicitation Content: For a Bidder to receive credit for a solicitation, the
substance of the solicitation must be sufficient to put the SBE on notice that
the Bidder is soliciting a Bid from the SBE to participate in the Contract up for
award in one or more of the areas for which the SBE is certified.
5.3.2.3. Solicitation Documentation Requirements: To receive GFE credit for
contacting SBEs, a Bidder must submit an SBE Solicitation Form (“Form 2”)
within the time specified in the City Solicitation Documents. If no time period is
specified in the City Solicitation Documents, a Bidder must submit Form 2
within 3 Business Days after the City requests it. Form 2 shall require the
Bidder to document in writing for each SBE solicited: (a) the mode of contact,
(b) the date of the contact, (c) the business name and contact person for each
of the SBE firms contacted, and (d) the NIGP Code or a description identifying
SBO Program Part B Construction (3/23/2007) 7
the goods or services the Bidder solicited from the SBE. In addition to Form 2, the City may require the Bidder to provide a copy of the solicitation sent to
SBEs (which must meet the content requirements per Section 5.3.2.2), along
with the following documentation depending on the mode of contact:
(a) For contacts made by fax: The Bidder must provide a confirmed fax
transmission record showing that a fax was transmitted to a fax number
maintained by the SBE. If the Bidder cannot provide a confirmed fax
transmission, the City may not consider such contact in awarding GFE
points.
(b) For contacts made by e-mail: The Bidder must provide a copy of an e-
mail confirmation notice showing that an e-mail was delivered to an e-mail
address maintained by the SBE.
(c) For telephone conversations and in person contacts: The Bidder must
provide an affidavit to confirm that the solicitation was made in accordance
with Section 5.3.2.1 and Section 5.3.2.2. The affidavit must state the name
of the SBE representative with whom the Bidder spoke. The City may
further require that the Bidder provide on a case-by-case basis copies of
telephone bills showing the date and duration of all solicitation calls that
the Bidder made. Voice mail messages shall be deemed an acceptable
mode of contact within the meaning of this Section, if the voicemail meets
the solicitation content requirements set forth in Section 5.3.2.2.
(d) For contacts made by U.S. Mail: The Bidder must provide: (a) a copy of
the solicitation that satisfies the content requirements in Section 5.3.2.2;
and (b) a Certificate of Mailing from the U.S. Postal Service certifying the
date on which the Bidder mailed the solicitation; and (c) an affidavit stating
that the Bidder mailed the solicitation to the SBE recipient on the date
indicated in the Certificate of Mailing.
(e) For contacts made by overnight courier: The Bidder must provide a
copy of the solicitation that meets the content requirements set forth in
Section 5.3.2.2, along with a routing slip from the overnight courier
showing the SBE’s address, the date on which the Bidder sent the
solicitation to the SBE recipient.
(f) Disconnected numbers. If an SBE’s telephone or fax number has been
disconnected, the KBU will give the Bidder credit for making the telephone
contact if the Bidder documents: (a) that the number the Bidder dialed
was the number the City provided; and (b) that the Bidder attempted to fax
a solicitation but the fax transmission failed. For fax solicitations, the
SBO Program Part B Construction (3/23/2007) 8
Bidder must provide an unsuccessful fax transmission record to document
the attempted solicitation.
5.3.2.4. When Documentation Required The City may require the documentation
listed in Section 5.3.2.3 or any additional documentation relating to SBE
solicitations from any Bidder in the City’s sole discretion. For example, the
City may request the solicitation documentation from one or more Bidders
selected randomly by the City when Bidders submit Bids, and/or the City may
request solicitation documentation from a select group of Bidders who appear
to have submitted the lowest Bids. The City may further elect to request the
solicitation documentation from a Bidder who, in the City’s judgment, requires
additional monitoring because of previous instances of non-compliance.
Bidders must provide the solicitation documentation within 3 Business Days
after the City requests it, unless the City has agreed in writing to a longer time
period.
5.3.3. Making Plans Available. To receive credit for this GFE, the Bidder must make
available to Interested SBEs not less than 7 Days before Bid Opening any project
descriptions, construction plans, specifications or requirements that are necessary for
Interested SBEs to bid on the project (collectively, the “Project Documents”). … To
satisfy this requirement the Bidder must:
5.3.3.1. Provide the SBEs with a hard copy of the Project Documents via email, fax,
regular mail or other means of document transfer; or
5.3.3.2. Provide necessary physical access and adequate time for SBEs to fully review
the Project Documents at the Bidder’s place of business within Charlotte MSA
or, if the Bidder has no place of business within Charlotte MSA, at an alternate
location within the Charlotte MSA where the information can be reviewed at no
cost to the SBEs; and 5.3.3.3. In the event the Bidder chooses to provide access under Section 5.3.3.2,
notify all SBEs contacted as part of the Bidder’s Section 5.3.2 SBE contacts of
the locations (including the address) where the plans, specifications and other
documents applicable to the project can be reviewed.
.
5.3.4. Breaking Down Work. To receive credit for this GFE, the Bidder must: (a) notify SBEs
as part of a Bidder’s SBE contacts under Section 5.3.2 that the Bidder is willing to divide
or combine elements of work into economically feasible units on a case-by-case basis to
facilitate SBE participation and (b) negotiate in good faith with any SBEs that request
such divisions.
5.3.5. Attendance at Pre-Bid. To receive credit for this GFE, the Bidder must attend pre-bid
meetings scheduled by the City for the Contract in question.
SBO Program Part B Construction (3/23/2007) 9
5.3.6. Conducting a Pre-Bid for SBEs. To receive credit for this GFE, the Bidder must
conduct a pre-bid meeting for SBEs not less than 3 Business Days before Bid Opening.
The pre-bid meeting must take place within Mecklenburg County, or, if the Proposer has
no place of business within Mecklenburg County, at an alternate location within the
Charlotte MSA. Not less than 48 hours before the pre-bid meeting, the Bidder must
communicate the time and location of the meeting to the SBEs that the Bidder is
required to contact to earn GFE points under Section 5.3.2.
5.3.7. Training and Mentoring. A Bidder may receive credit for this GFE in three ways:
(a) Training. The Bidder must provide training or mentoring to at least 2 SBEs
within 120 Days before Bid Opening and the Bidder must have the training or
mentoring certified by the Program Manager. The Program Manager shall have
the discretion to deny credit for training or mentoring that is not significant or is
not in the Program Manager’s judgment reasonably likely to assist the SBE in
developing its capabilities.
(b) SBE Feedback and Mentoring. The Bidder may also receive credit for this GFE
by: (a) demonstrating that it provided feedback to all SBEs that responded with a
quote to the Bidder’s solicitation on either the Bid in question or on another Bid
that the Bidder submitted to the City within the preceding 60 Days; and (b)
providing copies of the feedback that it sent to SBEs to the City within 3
Business Days after receiving a request from the City, unless otherwise agreed
in writing by the City; and (c) showing that the feedback it gave would help the
SBE provide a more responsive bid in the future. For example, helpful feedback
would include without limitation feedback on quality of information the SBE
provided to the Bidder, pricing methodology, cost competitiveness and
timeliness of SBE response to Bidder. The Program Manager shall have the
discretion to deny credit for SBE feedback that is in the Program Manager’s
judgment not significant or is not reasonably calculated to assist the SBE in
developing its capabilities.
(c) SBDP Mentor-Protégé Program. The Bidder may also receive credit for this
GFE if the Bidder demonstrates that it is participating in the Small Business
Development Mentor-Protégé program and that it is a mentor in good standing.
The Program Manager shall have the discretion to deny credit for mentoring and
training if the mentor is not in good standing.
5.3.8. Working With SBE Assistance Organizations. To receive credit for this GFE, the
Bidder must document that it has performed one of the following within the 120-Day
period before the Bid Opening for an SBE Assistance Organization as defined in Part A
(including organizations identified by the Program Manager as providing assistance and
capacity building for small business enterprises):
SBO Program Part B Construction (3/23/2007) 10
5.3.8.1. Provide location for SBE Assistance Organization Event: providing a
meeting location for the SBE Assistance Organization to host a regular
meeting or special event at no cost or at a reduced rate.
5.3.8.2. Provide training for SBE Assistance Organization members: providing
training or facilitating workshops aimed at increasing the capacity or skill level
or the SBE Assistance Organization members, or participating in training or a
workshop sponsored by the SBE Assistance Organization.
5.3.8.3. Contracting with new SBE: documenting that the SBE Assistance
Organization helped to identify an SBE with whom the Bidder subsequently
subcontracted work (whether on a City Construction Contract or other
contract). The KBU will not give the Bidder credit for this GFE if the Bidder
contracts with an SBE that the Bidder has used on previous projects.
5.3.9. Bonding or Insurance Assistance on Construction Contract. To receive credit for
this GFE, the Bidder must assist an SBE in obtaining its own bond or insurance
coverage for a City contract or another contract by (a) providing direct assistance, (b)
showing that the SBE did not have access to the bond or insurance coverage before the
Bidder’s assistance; and (c) providing the assistance within the 120 Days preceding the
Bid Opening. To document satisfaction of this GFE, the Bidder must submit: (a) the
name of the SBE; (b) a description of the assistance the Bidder provided; (c) the date the
Bidder provided the assistance; (d) the name of a contact person with the SBE who can
verify that the Bidder provided the assistance; and (e) any additional information
requested by the City.
5.3.10. Covering Subcontractors under the Bidder’s Bond or Insurance on the Construction Contract Up for Award. To receive credit for this GFE, the Bidder must
commit to cover one or more SBEs under the Bidder’s bond or insurance for work that
the Bidder and the City would typically require a bond for, without requiring the SBEs to
provide their own bond or insurance coverage. To document satisfaction of this GFE,
the Bidder must (a) identify the SBE to which the Bidder made the commitment; and (b)
document that such commitment was communicated to the SBE before the Bidder
received the SBE’s bid. Bidders will not receive credit for bonding SBEs on work for
which the City does not typically require a bond, such as hauling. 5.3.11. Entering Into Joint Venture with SBEs. To receive credit for this GFE, the Bidder
must document the existence of a Joint Venture agreement between the Bidder and an
SBE that increases opportunities for SBE business participation, whether on City
Contracts or other contracts. To document satisfaction of this GFE, Bidders must
document that they have entered into such an agreement within the 120 Days before the
Bid Opening, and such documentation must include; (a) the name of the SBE; (b) a
description of the Joint Venture; (c) evidence of the date the Bidder and the SBE entered
SBO Program Part B Construction (3/23/2007) 11
into the agreement; and (d) the name of a contact person with the SBE who can verify
the terms of the agreement. 5.3.12. Facilitating Joint Ventures between SBEs. To receive credit for this GFE, the Bidder
must within the 120 Days before the Bid Opening facilitate a Joint Venture agreement
between SBEs that would not otherwise be able to participate in the Construction
Contract. To document satisfaction of this GFE, the Bidder must: (a) comply with
Section 3.4.4 (b) submit the names of the two SBEs for which the Bidder facilitated a
Joint Venture; (c) provide a description of the steps the Bidder took to facilitate the Joint
Venture; and (d) provide a statement from at least one of the SBEs indicating that it
would not have been able to participate in the Construction Contract but for the Joint
Venture. Additionally, the SBE Joint Venture must be listed on Form 3 as an SBE
participating in the Construction Contract for which the Bidder is submitting a Bid. 5.3.13. Financial Assistance. To receive credit for this GFE, the Bidder must provide one of
the following types of assistance to an SBE during the preceding 90 Days before Bid
Opening: (a) assistance in obtaining equipment, a loan, capital, lines of credit, (b) joint
pay agreements or guaranties to secure loans, the purchase of supplies, or letters of
credit, including waiving credit that is ordinarily required; or (c) assistance in obtaining
the same unit pricing with the Bidder’s suppliers as the Bidder. Such assistance may be
in connection with a City Construction Contract or any other contract. To receive credit
for this GFE, Bidders must document: (a) the name of the SBE; (b) the description of the
assistance the Bidder provided; (c) the date the Bidder provided the assistance; and (d)
the name of a contact person with the SBE who can verify that the Bidder provided the
assistance was provided.
5.3.14. Quick Pay Agreements on the Construction Contract Up For Award. For purposes
of this Section, the term “Quick Pay Commitment” means a commitment to pay all SBEs participating in the Construction Contract within 20 Days after the Contractor confirms
that the SBE has properly performed and the SBE’s work has been properly completed.
To receive credit for this GFE, Bidders must: (a) provide the City with a copy of a policy
containing the above-referenced Quick Pay Commitment that the Bidder has adopted for
the project and document that the Bidder informed each SBE about the Quick Pay
Commitment as part of the Bidder’s SBE contacts under Section 5.3.2; or (b) provide a
legally binding Quick Pay Commitment in the form of an agreement with each SBE that
will participate in the Construction Contract up for award. Including a statement in a Bid
solicitation letter indicating that the Bidder will consider entering into quick pay
agreements will not suffice.
5.3.15. Attendance at City SBO Workshops or Networking Sessions. To receive credit for
this GFE, the Bidder must attend a workshop, seminar or networking session held by the
City to (a) educate contractors or SBEs about the requirements of the SBO Program and
SBO Program Part B Construction (3/23/2007) 12
how Bidders can comply with the Program; or (b) increase the capacity or skill level of
SBEs; or (c) provide networking opportunities for SBEs. To receive credit for this GFE,
Bidders must document that they attended such a workshop or seminar during the
preceding 90-Days before Bid Opening. The KBU shall not give Bidders credit toward
this GFE category for the Bidder’s attendance at a Pre-Bid conference.
5.3.16. Follow-up Contacts. To receive credit for this GFE, the Bidder must follow-up with
each SBE that the Bidder contacted under Section 5.3.2 that did not reply that it was
unwilling to participate in the Construction Contract. Additionally, the Bidder must: (a)
make each follow-up contact subsequent to the initial contact and at least 48 hours
before Bid Opening; (b) make each follow-up contact by telephone or in person and (c)
provide documentation for each follow-up contact in accordance with Section 5.3.2.3.
The City may request additional documentation in accordance with Section 5.3.2.4, and
may verify the contacts as the City deems appropriate.
5.3.17. Achieving 50% of SBE Participation Goal. To receive credit for this GFE, the Bidder’s
Committed SBE Goal must be at least 50% of the SBE Goal established by the City for
the Contract.
5.3.18. Additional SBE Outreach. To receive credit for this GFE, not less than 7 Days before
the Bid Opening, a Bidder must contact 75% of the total number of SBEs the City lists or
identifies in the City Solicitation Documents for the Contract being bid. For example, if
the City lists 80 SBEs in the City Solicitation Documents and requires that Bidders
contact a minimum of 20, a Bidder would have to contact 60 SBEs to meet to receive
credit under this Section. To receive credit, the Bidder must comply with the solicitation
requirements outlined in Section 5.3.2.1, Section 5.3.2.2 and Section 5.3.2.3 (a) through
(f).
5.3.19. SBE Participation on Non-City Contracts. To receive credit for this GFE, the Bidder
must document that during the 120-Day period before Bid Opening, the Bidder used
SBEs on non-City contracts where the SBE subcontract value equaled or exceeded the
amount the Bidder would have to pay SBEs to meet the SBE Goal for the Construction
Contract at issue. To receive credit for this item, Bidders must document for each non-
City SBE subcontract: (a) the name of the project and the parties to the contract; (b) the
name of the SBEs the Bidder paid on the project; (c) the amount the Bidder paid to each
SBE; and (d) any additional documentation requested by the Program Manager for
verification purposes.
5.3.20. Working With a New SBE. To receive credit for this GFE, the Bidder must document
that during the 120-Day period before Bid Opening, the Bidder hired an SBE that it had
not previously contracted with to perform at least $10,000 of work, whether on a City
contract or other contract. To receive credit for this item, Bidders must document: (a) the
name of the project on which the Bidder hired the new SBE; (b) the name of the new
SBO Program Part B Construction (3/23/2007) 13
SBE the Bidder hired; (c) the amount the Bidder paid or the estimated amount the Bidder
will pay to the new SBE; and (d) any additional documentation requested by the
Program Manager for verification purposes.
5.4. GFE Items For Which Points Are Not Assigned. If a Bidder can document that it satisfied one or
more GFE categories in Section 5.3 for which the City did not assign any points, the Bidder may
receive the lowest GFE points assigned to a GFE category if the effort is deemed meaningful and
meritorious by the Program Manager and the KBU administering the Construction Contract.
5.5. GFE and GFE Statement of Compliance Form (Form 5). To demonstrate GFE compliance, a
Bidder shall complete a Good Faith Efforts Compliance Form (“Form 5”), which shall list each of
the GFE categories outlined in Section 5.3 and any additional criteria that the Program Manager
may establish from time to time.
5.5.1. The Bidder must submit Form 5 within the time specified in the City Solicitation
Documents. If the City does not specify a time, the Bidder must submit Form 5 within 3 Business Days after the City requests it. The City may request Form 5 from all
Bidders, or may limit such request to one Bidder or a group of Bidders (including the
lowest Bidders, a group of randomly selected Bidders, Bidders that have had compliance
issues in the past or such other categories as the City may deem appropriate).
5.5.2. In addition to Form 5, the City shall be entitled to request any further documentation or
information that the City deems reasonably necessary to verify a Bidder’s compliance
with the Good Faith Efforts requirements. The Bidder shall provide such information
within 3 Business Days after receiving a request from the City, unless otherwise agreed
in writing by the City.
5.5.3. If Form 5 is not due with the Bid, the Bidder shall: (a) certify in its Bid that it has
complied with the GFE requirements; and (b) agree in writing that failure by the Bidder to
provide documentation evidencing such compliance within the time period required by
the City shall constitute a forfeiture of the Bidder’s bid bond, and shall entitle the City to
recover under the bid bond as though the Bidder had refused to execute a contract with
the City to perform the Bid.
5.6. Documenting Good Faith Efforts for Self-Performed Work. Bidders that elect to self-perform all
or part of a Construction Contract where the KBU has identified subcontracting opportunities must
comply with each of the following GFE provisions. Failure to do so shall constitute grounds for
rejection of the Bid:
5.6.1. The Bidder must certify in it’s Bid that: (i) it is licensed, qualified and able to perform all
aspects of the Contract without subcontracting; and (ii) it has a valid business reason for
self-performing all work on the Contract as opposed to subcontracting with an SBE. The
SBO Program Part B Construction (3/23/2007) 14
Bid must describe the valid business reason for self performing, and the Bidder must
submit with its Bid documentation sufficient to demonstrate to the City’s reasonable
satisfaction the validity of such assertions. Valid business reasons include: (a) special
skill-based qualifications that the SBE does not possess or (b) a significant increase in
the cost for the SBE to perform the scope of work instead of the Bidder, or (c) such other
factors as the SBO Program Manager may deem valid in a particular instance. Bidders
that intend to self perform are encouraged to gather their documentation and approach
the SBO Program Manager at least 10 days prior to the Bid Opening to obtain clearance
for self performance.
5.6.2. SBEs may approach the Bidder about possible subcontracting or subconsulting
opportunities on the project by virtue of having received notice of the project from the
City or through other means. In such event, the Bidder must comply with the Good Faith
Negotiation requirements of Section 4 in evaluating and responding to any SBE quotes
or inquiries the Bidder receives in connection with the project.
5.6.3. The Bidder must submit copies of any quotes the Bidder receives from Interested SBEs
with the Bidder’s Bid, along with a comparison of the SBEs quote with the Bidder’s costs
and expenses for doing such work.
Section 6: Waivers
6.1. Failure to comply with Part B of the SBO Program may be waived only in accordance with this
Section.
6.2. Waiver of Good Faith Efforts and Good Faith Negotiation. The Program Manager shall be
entitled (but not required) to waive the Good Faith Efforts and the Good Faith Negotiation
requirement in a situation where the lowest Bidder failed to comply with the Good Faith Efforts and
Good Faith Negotiation requirements (“Non-Compliant Bidder”) but has proposed SBE utilization
that is greater than that proposed by the next lowest Bidder that complied with the Good Faith
Efforts and the Good Faith Negotiation requirements and would otherwise be awarded the
Construction Contract (“Compliant Bidder”). In determining whether to grant such waiver, the
Program Manager will take into account:
(a) The cost difference to the City between the two Bids;
(b) The difference in the level of SBE utilization proposed by the Compliant and
Non-Compliant Bidders;
(c) The level of effort the Compliant and Non-Compliant Bidders undertook to meet
the Good Faith Efforts requirement;
SBO Program Part B Construction (3/23/2007) 15
(d) The consistency in subcontractors the Non-Compliant Bidder has proposed on
City projects (i.e. whether or not the Bidder consistently uses the same
subcontractors on every Bid);
(e) The consistency in SBE Goals the Non-Compliant Bidder has proposed on City
projects (i.e., whether or not the Bidder consistently proposes the same SBE
Goal) and
(f) Instances of past non-compliance with the Good Faith Efforts requirements on
the part of the Non-Compliant Bidder and any other factors deemed relevant by
the Program Manager.
6.3. Minor Non-Compliance Waiver. In addition to and without limiting the Program Manager’s power
and authority to grant waivers under Section 6.2, the Program Manager shall have the power and
authority to waive non-compliance with this Program:
6.3.1. The non-compliance is minor in nature
6.3.2. Waiving the non-compliance would not put Bidders that complied with the SBO Program
at a competitive disadvantage; and
6.3.3. The non compliance does not reflect a lack of diligence on the Bidder’s part in complying
with the Program. For example, a repeated violation of the same Program provision on
two or more bids might be deemed a lack of diligence in complying with the Program.
6.4. General Information About Waivers. The waivers referenced in Section 6 may be granted
without notice to City Council. Nothing in Section 6 shall require the Program Manager to grant a
waiver in any situation, or give rise to a suggestion that the Program Manager might be inclined to
grant a waiver in a certain situation. Likewise, the City shall not be bound by any oral
representation made by any City employee, official, agent or representative that a waiver will be
granted for a particular instance or for a category of instances.
Section 7: False Statements or Certifications
7.1. It shall be a violation of the SBO Program, and grounds for rejection of a Bid and other sanctions
for any Bidder to make a false or materially misleading statement, or certification regarding any
matter relevant to the SBO Program.
SBO Program Part C Services Procurement (3/23/2007) 1
Part C
SBO Program
Services Procurement
Section 1: Program Overview and Scope This document states requirements that Proposers must comply with under the City of Charlotte’s Small
Business Opportunity (“SBO”) Program to obtain Service Contracts with the City of Charlotte. Capitalized
terms used in this document are defined in Appendix 1 to Part A of the SBO Program. Section references
in this document refer to Part A unless otherwise stated. Once executed, Service Contracts are subject
to the post contract award requirements set forth in Part D. The SBO Program is divided into 7 Parts, based on the type of contract and whether the situation
involves procurement or post contract compliance. For reference purposes, these Parts are:
Part A: Administration and Enforcement Part E: SBE Certification and Eligibility Part B: Construction Bidding Part F: Financial Partners Part C: Services Procurement Part G: Alternative Construction Agreements Part D: Post Contract Award
Section 2: General Requirements 2.1. When the City Solicitation Documents for a Service Contract contain an SBE Goal, each
Proposer must either: (a) meet the SBE Goal, or (b) comply with the Good Faith Negotiation and Good Faith Efforts requirements set forth in Sections 4 and 5. Failure to
do so will be considered as a factor in the evaluation process and may result in the City excluding
a Proposal from further consideration. The City Solicitation Documents will contain certain forms
that Proposers must complete to document having met these requirements.
2.2. When the City Solicitation Documents for a Service Contract do not contain an SBE Goal, each Proposer must negotiate in good faith with each SBE that responds to the Proposer’s
solicitations and each SBE that contacts the Proposer on its own accord (as defined more
specifically in Section 4.4). Additionally, the City may negotiate a Committed SBE Goal with the
successful Proposer after the Proposal Opening.
2.3. Self-Performance. Self-Performance does not exempt Proposers from meeting the Good Faith
Efforts requirements. Proposers that do not meet the SBE Goal and desire to self-perform all or
part of the Contract must nevertheless demonstrate that they complied with the Good Faith
Negotiation and Good Faith Efforts requirements as provided Sections 4 and 5.
SBO Program Part C Services Procurement (3/23/2007) 2
2.4. No SBE Goal When There Are No SBE Subcontracting Opportunities. The City shall not
establish an SBE Goal for Service Contracts where there are no SBEs certified to perform the
scopes of work that the City regards as realistic opportunities for subcontracting.
Section 3: Establishing and Meeting the SBE Goal 3.1. SBE Goals shall be established in the following manner:
3.1.1. For each Service Contract, the Program Manager shall establish an SBE Goal that is a
percentage of the dollar value of all services and goods the Contract requires (including
any contingency), provided that, if the Program Manager or City Manager determines it
to be in the best interests of the City, the Program Manager may waive the goal
requirement for a given Service Contract, or may negotiate a Committed SBE Goal with
the successful Proposer as part of the Contract negotiation process.
3.1.2. In the event a City Key Business Executive issuing an Other Service Contract
disagrees with the goal set by the Program Manager, the City Manager or an Assistant
City Manager shall resolve the matter.
3.2. The City will only give Proposers credit toward the SBE Goal for those SBEs that:
3.2.1. Are certified as SBEs as of the Proposal due date; and
3.2.2. Will actually perform a Commercially Useful Function as defined in Part A (which
means, among other things, an SBE acting solely as a Conduit will not be counted);
and
3.2.3. Will perform within the area(s) for which they are certified by the City unless the
Proposer provides documentation satisfactory to the City showing that the SBE has
performed similar work in the past. Documentation to satisfy this requirement may
include invoices showing the SBE has previously performed such work. The Proposer
must submit this documentation with Form 4 (the Letter of Intent).
3.3. Using SBEs the City Did Not List in City Solicitation Documents. Proposers shall receive
credit for using SBEs that the City did not list in the City Solicitation Documents, as long as the
requirements of Section 3.2 are met.
3.4. Calculating SBE Participation Based on Type of SBE. The City shall count SBE participation
on a Service Contract as set forth below.
SBO Program Part C Services Procurement (3/23/2007) 3
3.4.1. SBE Subconsultant or Subcontractor: If the Proposer utilizes an SBE as a subconsultant or subcontractor to perform services, the City shall count 100% of the
value of the Commercially Useful Function the SBE performs toward satisfaction of the
SBE Goal.
3.4.2. SBE Manufacturer or Regular Dealer: The City shall count 100% of all expenditures
for materials, supplies and equipment obtained from an SBE Manufacturer or SBE
Regular Dealer toward the SBE Goal.
3.4.3. SBE Broker or Packager; The City shall count fees or commissions charged by an
SBE Broker or Packager for providing a Commercially Useful Function toward the SBE
Goal, provided that the Program Manager determines that the fee or commission is
reasonable and not excessive as compared with fees customarily charged for similar
services. A Commercially Useful Function by an SBE Broker or Packager shall be
defined as providing professional, technical, consultant or managerial services and
assistance to procure essential personnel, facilities, equipment, materials or supplies
required for the performance of the Contract.
3.4.4. SBE Joint Venture: In order for the KBU to count SBE participation in a Joint Venture
toward achievement of the SBE Goal, the Proposer shall submit the Joint Venture
proposal to the Program Manager at least 10 Business Days before submitting its
Proposal. The SBO Program Manager will review the proposal and, assuming that the
Proposer does not need to provide more information, the Program Manager will inform
the Proposer at least 5 Business Days before the Proposal due date whether the City
will be able to count the SBE’s participation toward the SBE Goal.
SBE participation by the SBE Joint Venturer will be calculated as provided above,
based on whether the SBE Joint Venturer will be performing a role most similar to that
of a Subcontractor, Regular Dealer, Manufacturer, Broker or Packager. For instance, if
the SBE Joint Venturer’s role is most similar to that of a Subcontractor, 100% of the
value of the Commercially Useful Function performed by the SBE will count toward the
SBE Goal.
3.5. Documenting SBE Participation for Purpose of Meeting SBE Goal. The City will evaluate
Proposals for compliance with the SBO Program before selecting the successful Proposer, and
may do so before forwarding Proposals to the Selection Committee.
3.5.1. When the City Solicitation Documents contain an SBE Goal, the City may only give
Proposers credit toward the SBE Goal for SBE participation that is:
(a) Listed on Form 3 (the Subcontract/Supplier Utilization Commitment Form defined in Section 3.6) submitted with the Proposal; and
SBO Program Part C Services Procurement (3/23/2007) 4
(b) Documented by Form 4 (the Letter of Intent form as defined in Section 3.7),
that is submitted to the City within 3 Business Days after the City requests it
(or within such longer time as may be agreed by the City in writing); and
3.5.2. When the City Solicitation Documents do not contain an SBE Goal, the City may
negotiate a Committed SBE Goal with the successful Proposer. In such event the City
will give credit toward the SBE Goal for SBE participation that complies with Section
3.2.
3.6. Form 3: Subcontractor/Supplier Utilization Commitment. When the City sets an SBE Goal
prior to Proposal opening, the City Solicitation Documents will include a form labeled
“Subcontractor/Supplier Utilization Commitment” (“Form 3”), which captures information
regarding the SBEs and other subcontractors and suppliers that the Proposer intends to use on
the Contract.
3.7. Form 4: Letter of Intent. Within 3 Business Days after receiving a request from the City (or
within such longer time as may be communicated by the City in writing), Proposers must submit a
separate Letter of Intent for each SBE listed on Form 3. Proposers may use the Letter of Intent
that the City provides with the City Solicitation Documents or may use an alternative form if it
contains the same information as Form 4. Regardless of the form, each Letter of Intent must be
executed by both the SBE and the Proposer. The City shall not count proposed SBE utilization
for which it has not received a Letter of Intent within such time period unless the SBE certifies to
the City that it originally agreed to participate in the Contract at the level reported by the
Proposer, but subsequently declined to do so.
Section 4: Good Faith Negotiation 4.1. Proposers that fail to meet the SBE Goal must comply with the Good Faith Negotiation
and Good Faith Efforts requirements set forth in Sections 4 and 5. Failure to do so shall be
considered as a factor in the evaluation process and may result in a Proposal being excluded
from further consideration. 4.2. City Outreach. At least 10 Days prior to the Proposal due date for a Service Contract, the City
will send a “Project Notice” to SBEs that are certified in the areas where subcontracting is
anticipated on the project. The Project Notice will describe the project and identify where
subcontracting is anticipated. The City will also make available (by email, posting on the City’s
website or other means) either: (a) a list of Proposers that have submitted Form 1 (Notification of
Subcontracting/Purchasing Opportunities), or provided other notices of their intent to propose, or
(b) a list of Proposers that have picked up or requested the City Solicitation Documents for the
Contract.
SBO Program Part C Services Procurement (3/23/2007) 5
4.3. Good Faith Negotiation. Proposers that fail to meet the SBE Goal must negotiate in good faith
with each SBE that responds to the Proposer’s solicitations and each SBE that contacts the
Proposer on its own accord (“Interested SBEs”).
4.4. Failure to Negotiate In Good Faith. The City may find that a Proposer did not meet its Good
Faith Negotiation obligation if in the City’s judgment, the Proposer rejects an Interested SBE’s
proposal for reasons other than: (a) the SBE was not a “Qualified SBE” within the meaning of Part
A; (b) the Business Enterprise that will be performing in place of the Interested SBE is more
qualified than the Interested SBE, to the extent that such difference in qualification would
materially impact the Proposer’s Proposal; (c) the SBE’s price proposal was higher than what was
proposed by the subcontractor or subconsultant the Proposer decided to use or higher than the
Proposer’s cost of performing such work on its own; or (d) there was a material deficiency with
the Interested SBE’s proposal (such as it being submitted late, containing inaccurate information,
etc.). The City Solicitation Documents may contain a form for Proposers to document Good Faith
Negotiation. In addition, the City may request on a case-by-case basis documentation sufficient
in the City’s judgment to prove that the Proposer’s reasons for rejecting an Interested SBE’s
proposal are valid. Proposers must provide such forms and information within the time period
specified by the City. Failure to comply with the requirements set forth in this Section (the “Good
Faith Negotiation Requirements”) shall be considered as a factor in the evaluation process and
may result in a Proposal being excluded from further consideration. Notwithstanding the forgoing,
Proposers may reject an Interested SBE’s bid for work that is being performed by an SBE
participating in a mentor / protégé program run by the City or recognized as a valid mentor /
protégé program by the SBO Program Manager in his or her sole discretion.
Section 5: Good Faith Efforts 5.1. If a Proposer has not fully met the SBE Goal, then it must document that it has made
Good Faith Efforts in compliance with this Section 5. Failure to do so shall be considered as
a factor in the evaluation process and may result in a Proposal being excluded from further
consideration. “Good Faith Efforts” are referred to in this Section as “GFEs”.
5.2. Minimum GFE Points. For each Service Contract for which an SBE Goal has been set by the
City, the City shall (a) assign points to the various GFE categories listed in this Section and (b)
establish a minimum total number of points that a Proposer must obtain in order to meet the GFE
requirements (the “Minimum GFE Points”). These numbers shall be set forth in the City
Solicitation Documents. The City may exclude or modify certain GFE categories based on the
nature and amount of the Contract.
SBO Program Part C Services Procurement (3/23/2007) 6
5.3. GFE Categories. For each Service Contract for which an SBE Goal has been set in the City
Solicitation Documents, the City shall distribute GFE points among the following categories:
5.3.1. Notification of Subconsulting or Subcontracting Opportunities (Form 1). To
receive credit for this GFE, a Proposer must provide a list of the areas in which the
Proposer intends to seek subconsultants, subcontractors and suppliers to the City not
later than 14 Days before the Proposal due date. The Proposer may report this
information on Form 1 or on another document providing the same information as
Form 1. Proposers may submit Form 1 by fax, hand delivery, email, overnight courier
or regular mail. However, if requested by the City, Proposers must be able to
document having sent Form 1 to the City by the deadline in the same manner as
Proposers are required to document having made SBE Contacts per Section 5.3.2.3.
5.3.2. SBE Contacts. The City will specify in the City Solicitation Documents either the
minimum number of SBEs the Proposer must contact to receive credit for this GFE or a
method for determining which or how many SBEs must be contacted. A Proposer must
make the required contacts not less than 14 Days before the Proposal due date to
receive credit.
5.3.2.1. Solicitation Method: The Proposer shall make the SBE Solicitations
facsimile transmission, e-mail, telephone communication, U.S. Mail,
overnight courier service or in-person discussion. Regardless of the method
of contact, the solicitation must reach the recipient at least 14 Days before
the Proposal due date. If the Proposer contacts SBEs by U.S. Mail, the City
shall presume that the solicitation reached the SBE by the required deadline
provided that the Proposer: (a) mailed the solicitation at least 17 days prior
to the Proposal due date; and (b) documented as required by Section
5.3.2.3.
5.3.2.2. Solicitation Content: For a Proposer to receive credit for a solicitation, the
substance of the solicitation must be sufficient to put the SBE on notice that
the Proposer is soliciting a proposal from the SBE to participate in the
Contract up for award in one or more of the areas for which the SBE is
certified. 5.3.2.3. Solicitation Documentation Requirements (Form 2): To receive GFE
credit for contacting SBEs, Proposers must submit an SBE Solicitation Form
(Form 2) within the time specified in the City Solicitation Documents. If no
time period is specified in the City Solicitation Documents, a Proposer must
submit Form 2 within 3 Business Days after the City requests it. Form 2
shall require the Proposer to document in writing for each SBE solicited: (a)
the mode of contact, (b) the date of the contact, (c) the business name and
contact person for each of the SBE firms contacted, and (d) the NIGP Code
SBO Program Part C Services Procurement (3/23/2007) 7
or a description identifying the goods or services the Proposer solicited from
the SBE. In addition to Form 2, the City may require the Proposer to provide
a copy of the solicitation sent to SBEs (which must meet the content
requirements per Section 5.3.2.2), along with the following documentation
based on the mode of contact: (a) For contacts made by facsimile: The Proposer must provide a
confirmed fax transmission record showing that a fax was transmitted to
a fax number maintained by the SBE. If the Proposer cannot provide a
confirmed fax transmission, the City may not consider such contact in
awarding GFE points.
(b) For contacts made by e-mail: The Proposer must provide a copy of an
e-mail confirmation notice showing that an e-mail was delivered to an e-
mail address maintained by the SBE.
(c) For telephone conversations and in person contacts: The Proposer
must provide an affidavit to confirm that the solicitation was made in
accordance with requirements in Section 5.3.2.1 and Section 5.3.2.2.
The affidavit must state the name of the SBE representative with whom
the Proposer spoke. The City may further require that the Proposer
provide on a case-by-case basis copies of telephone bills showing the
date and duration of all solicitation calls that the Proposer made. Voice
mail messages shall be deemed an acceptable mode of contact within
the meaning of this Section, if the voicemail meets the content
requirements set forth in Section 5.3.2.2.
(d) For contacts made by U.S. Mail: The Proposer must provide: (a) a
copy of the solicitation that meets the content requirements set forth in
Section 5.3.2.2; (b) a Certificate of Mailing from the U.S. Postal Service
certifying the date on which the Proposer mailed the solicitation and (c)
an affidavit stating that the Proposer mailed the solicitation to the SBE
recipient on the date indicated on the Certificate of Mailing.
(e) For contacts made by overnight courier: The Proposer must provide
a copy of the solicitation that meets the content requirements set forth in
Section 5.3.2.2 and a routing slip from the overnight courier showing the
SBE recipient address and the date on which the Proposer sent the
solicitation to the SBE recipient.
(f) Disconnected Numbers. If an SBE’s telephone or fax number has
been disconnected, the City will give the Proposer credit for making the
telephone contact if the Proposer documents: (a) that the number the
Proposer dialed was the number the City provided and (b) that the
Proposer attempted to fax a solicitation but the fax transmission failed.
SBO Program Part C Services Procurement (3/23/2007) 8
For fax solicitations, the Proposer must provide an unsuccessful fax
transmission record to document the attempted solicitation.
5.3.2.4. When Documentation Is Required: The City may require the
documentation listed in Section 5.3.2.3 or any additional documentation
relating to SBE solicitations from any Proposer in the City’s sole discretion.
For example, the City may request the solicitation documentation from one or
more Proposers selected randomly by the City, and/or the City may request
solicitation documentation from a select group of Proposers who appear to
be the most qualified. The City may further elect to request the solicitation
documentation from a Proposer who, in the City’s judgment, requires
additional monitoring because of previous instances of non-compliance.
Proposers must provide the solicitation documentation within 3 Business Days after the City requests it, unless the City has agreed in writing to a
longer time period.
5.3.3. Making Specifications Available. To receive credit for this GFE, the Proposer must make available to Interested SBEs not less than 14 Days before Proposal Opening make any project descriptions, construction plans, specifications or requirements that
are necessary for Interested SBEs to submit proposals on the project (collectively, the
“Project Documents”). To satisfy this requirement, the Proposer must:
5.3.3.1. Provide the SBEs with a hard copy of the Project Documents via email, fax,
regular mail or other means of document transfer; or
5.3.3.2. Provide necessary physical access and adequate time for SBEs to fully
review the Project Documents at the Proposer's place of business within
Charlotte MSA or, if the Proposer has no place of business within Charlotte
MSA, at an alternate location within the Charlotte MSA where the information
can be reviewed at no cost to the SBEs; and 5.3.3.3. In the event the Proposer chooses to provide access under Section 5.3.3.2,
notify all SBEs contacted as part of the Proposer’s Section 5.3.2 SBE
Contacts solicitations of the locations (including the address) where the RFQ
or RFP and other documents applicable to the project can be reviewed.
5.3.4. Attending a City pre-submittal meeting. To receive credit for this GFE, the Proposer
must attend a pre-submittal meeting scheduled by the City for the Contract in question.
5.3.5. Conducting a Pre-Submittal Meeting for SBEs. To receive credit for this GFE, the
Proposer must conduct a pre-submittal meeting for SBEs at least 3 Business Days
before the Proposal due date. The pre-submittal meeting must take place within
Mecklenburg County, or, if the Proposer has no place of business within Mecklenburg
County, at an alternate location within the Charlotte MSA. Not less than 48 hours
before the pre-submittal meeting, the Proposer must communicate the time and
SBO Program Part C Services Procurement (3/23/2007) 9
location of the meeting to all SBEs that the Proposer is required to contact to earn GFE
points under Section 5.3.2.
5.3.6. Training and Mentoring. A Proposer may satisfy this GFE in three ways:
(a) Training. The Proposer must provide training or mentoring to at least 2 SBEs
within 120 Days before the Proposal due date and the Proposer must have the
training or mentoring certified by the Program Manager. The Program
Manager shall have the discretion to deny credit for training or mentoring that is
not significant or is not in the Program Manager’s judgment reasonably likely to
assist the SBE in developing its capabilities.
(b) SBE Feedback and Mentoring. The Proposer may also satisfy this GFE
Category by (a) demonstrating that it provided feedback to all SBEs that
responded with a quote to the Proposer’s solicitation on either the Proposal in
question or on any other proposal that the Proposer submitted to the City within
the previous 60 Days; and (b) providing copies of such feedback to the City
within 3 Business Days after receiving a request from the City, unless
otherwise agreed in writing by the City; and (c) showing that the feedback it
gave would help the SBE provide a more responsive bid or proposal in the
future. For example, helpful feedback would include without limitation feedback
on quality of information SBE provided to the Proposer, pricing methodology,
cost competitiveness and timeliness of SBE response to Proposer. The
Program Manager shall have the discretion to deny credit for SBE feedback
that is in the Program Manager’s judgment not significant or not reasonably
calculated to assist the SBE in developing its capabilities.
(c) SBDP Mentor-Protégé Program. The Proposer may also receive credit for
this GFE if the Proposer demonstrates that it is participating in the Small
Business Development Mentor-Protégé program and that it is a mentor in good
standing. The Program Manager shall have the discretion to deny credit for
mentoring and training if the mentor is not in good standing.
5.3.7. Working With SBE Assistance Organizations. To receive credit for this GFE,
Proposers must document that it has performed one of the following within the 120-Day
period before the Proposal due date for an SBE Assistance Organization as defined in
Part A (including organizations identified by the Program Manager as providing
assistance and capacity building for small business enterprises):
(a) Provide location for SBE Assistance Organization Event: providing a
meeting location for the SBE Assistance Organization to host a regular meeting
or special event at no cost or at a reduced rate.
(b) Provide training for SBE Assistance Organization members: providing
training or facilitating workshops aimed at increasing the capacity or skill level
SBO Program Part C Services Procurement (3/23/2007) 10
of SBE Assistance Organization members, or participating in training or a
workshop sponsored by an SBE Assistance Organization. (c) Contracting with new SBE: documenting that the SBE Assistance
Organization helped to identify an SBE with whom the Proposer subsequently
subcontracted work (whether on a City Contract or other contract). The KBU
will not give the Proposer credit for this GFE if the Proposer contracts with an
SBE that the Proposer has used on previous projects.
5.3.8. Entering Into Joint Ventures With SBEs. To receive credit for this GFE, the
Proposer must document the existence of a Joint Venture agreement between the
Proposer and the SBE that increases opportunities for SBE business participation. To
document satisfaction of this GFE, Proposers must show that they have entered into
such an arrangement within 120 Days before the Proposal due date, and such
documentation must include: (a) include the name of the SBE; (b) a description of the
Joint Venture; (c) evidence of the date the arrangement was entered into; and (d) the
name of a contact person with the SBE who can verify the terms of the agreement.
5.3.9. Facilitating Joint Ventures between SBEs. To receive credit for this GFE, the
Proposer must within the 120 Days before the Proposal due date facilitate a Joint
Venture agreement between SBEs that would not otherwise be able to participate in
the Contract. To document satisfaction of this GFE category, the Proposer must (a)
comply with Section 3.4.4; (b) submit the names of the two SBEs for whom the
Proposer facilitated a Joint Venture; (c) provide a description of the steps the Proposer
took to facilitate the Joint Venture; and (d) provide a statement from at least one of the
SBEs indicating that it would not have been able to participate in the Contract but for
the Joint Venture. If the City set an SBE Goal in the City Solicitation Documents, then
the SBE Joint Venture must be listed on Form 3 as an SBE participating in the
Contract for which the Proposer is submitting a Proposal. 5.3.10. Financial Assistance. To receive credit for this GFE, the Proposer must provide one
of the following types of assistance to an SBE during the 90 Day period preceding the
Proposal due date: (a) assistance in obtaining equipment, a loan, capital, lines of credit,
(b) joint pay agreements or guaranties to secure loans, the purchase of supplies, or
letters of credit, including waiving credit that is ordinarily required; or (c) assistance in
obtaining the same unit pricing with the Proposer's suppliers as the Proposer. Such
assistance may be in connection with a Service Contract or any other contract. To
receive credit for this item, Proposers must document: (a) the name of the SBE; (b) a
description of the assistance provided; (c) the date the assistance was provided; and
(d) the name of a contact person with the SBE who can verify that the Proposer
provided the assistance.
5.3.11. Quick Pay Agreements. For purposes of this Section, the term “Quick Pay
Commitment” means a commitment to pay all SBEs participating in the Service
SBO Program Part C Services Procurement (3/23/2007) 11
Contract within 20 Days after the Proposer confirms that the SBE has properly
performed and the SBE’s work has been properly completed. To receive credit for this
GFE, Proposers must: (a) provide the City with a copy of a policy containing the above-
referenced Quick Pay Commitment that the Proposer has adopted for the project and
document that the Proposer informed each SBE about the Quick Pay Commitment
through the Proposer’s SBE contacts under Section 5.3.2; or (b) provide a legally
binding Quick Pay Commitment in the form of an agreement with each SBE that will
participate in the Contract up for award. Including a statement in a solicitation letter
indicating that the Proposer will consider entering into quick pay agreements will not
suffice. .
5.3.12. Attendance at City SBO Workshops or Networking Sessions. To receive credit for
this GFE, the Proposer must attend a workshop, seminar or networking session held by
the City to: (a) educate contractors, consultants or SBEs about the requirements of the
SBO Program and how Proposers can comply with the Program; or (b) increase the
capacity or skill level of SBEs, or (c) provide networking opportunities for SBEs. To
receive credit for this GFE, Proposers must document that they attended such a
workshop or seminar during the 90 Day period preceding the Proposal due date. The
KBU shall not give Proposers credit toward this GFE category for the Proposer’s
attendance at a pre-proposal conference.
5.3.13. Follow-up Contacts. To receive credit for this GFE, the Proposer must follow-up with
each SBE that the Proposer contacted under Section 5.3.2 that did not reply that it was
unwilling to participate in the Contract. Additionally, the Proposer must: (a) make each
follow-up contact subsequent to the initial contact and at least 48 hours prior to the
Proposal due date; (b) make each follow-up contact by telephone or in person and (c)
provide documentation for the follow-up contact in accordance with Section 5.3.2.3
(a)through (f). The City may request additional documentation in accordance with
Section 5.3.2.4, and may verify the contacts as the City deems appropriate.
5.3.14. Achieving 50% of SBE Participation Goal. To receive credit for this GFE, the
Proposer’s Committed SBE Goal must be at least 50% of the SBE Goal established by
the City for the Contract.
5.3.15. Additional SBE Outreach. To receive credit for this GFE, not less than 7 Days before
the Proposal due date, a Proposer must contact 75% of the total number of SBEs the
City lists or identifies in the City Solicitation Documents for the Contract in question. For
example, if the City lists 80 SBEs in the City Solicitation Documents and requires that
Proposers contact a minimum of 20, a Proposer would have to contact 60 SBEs to
receive credit under this Section. To receive credit, the Proposer must comply with the
solicitation requirements set forth in Section 5.3.2.1, Section 5.3.2.2 and Section
5.3.2.3 (a) through (f).
SBO Program Part C Services Procurement (3/23/2007) 12
5.3.16. SBE Participation on Non-City Contracts. To receive credit for this GFE, the
Proposer must document that during the 120 Day period before the Proposal due date,
the Proposer used SBEs on non-City contracts where the SBE subcontract value
equaled or exceeded the amount the Proposer would have to pay SBEs to meet the
SBE Goal for the Service Contract at issue. To receive credit for this item, Proposers
must document for each non-City subcontract counted as part of the total: (a) the name
of the project and the parties to the subcontract; (b) the name of the SBEs the Proposer
paid on the project; (c) the amount the Proposer paid to each SBE; and (d) any
additional documentation requested by the Program Manager for verification purposes.
5.3.17. Working With a New SBE. To receive credit for this GFE, the Proposer must
document that during the 120-Day period before the Proposal due date, the Proposer
hired an SBE that the Proposer had not previously contracted with to perform at least
$3,000 of work, whether on a City contract or other contract. To receive credit for this
item, Proposers must document: (a) the name of the project on which the Proposer
hired the new SBE; (b) the name of the new SBE the Proposer hired; (c) the amount
paid or estimated to be paid to the new SBE; and (d) any additional documentation
requested by the Program Manager for verification purposes.
5.4. GFE Items For Which Points Are Not Assigned. If a Proposer can document that it satisfied
one or more GFE categories in Section 5.3 for which the City did not assign any points, the
Proposer may receive the lowest GFE points assigned to a GFE category if the effort is deemed
meaningful and meritorious by the KBU administering the Service Contract and the Program
Manager.
5.5. GFE and GFE Statement of Compliance Form (Form 5). To demonstrate GFE compliance, a
Proposer shall complete a Good Faith Efforts Compliance Form (“Form 5”), which shall list each
of the GFE categories outlined in Section 5.3 and any additional criteria that the Program
Manager may establish from time to time.
5.5.1. The Proposer must submit Form 5 within the time specified in the City Solicitation
Documents. If the City does not specify a time, the Proposer must submit Form 5
within 3 Business Days after the City requests it. The City may request Form 5 from all
Proposers, or may limit such request to one Proposer or a group of Proposers
(including the lowest cost Proposers, a group of randomly selected Proposers,
Proposers that have had compliance issues in the past or such other categories as the
City may deem appropriate).
5.5.2. In addition to Form 5, the City shall be entitled to request any further documentation or
information that the City deems reasonably necessary to verify a Proposer’s
compliance with the Good Faith Efforts requirements. The Proposer shall provide such
information within 3 Business Days after receiving a request from the City, unless
otherwise agreed in writing by the City.
SBO Program Part C Services Procurement (3/23/2007) 13
5.5.3. If Form 5, Good Faith Efforts and Statement of GFE Compliance, is not due with the
Proposal, the Proposer shall: (a) certify in its Proposal that it has complied with the
GFE requirements; and (b) agree in writing that failure by the Proposer to provide
documentation evidencing such compliance within the time period required by the City
shall constitute a forfeiture of the Proposer’s bid bond, if any, and shall entitle the City
to recover under the bid bond as though the Proposer had refused to execute a
contract with the City to perform the Proposal.
5.6. Documenting Good Faith Efforts for Self-Performed Work. Proposers that elect to self-
perform all of a Service Contract where the KBU has identified subcontracting or subconsulting
opportunities must comply with each of the following provisions. Failure to do so will be
considered as a factor in the Proposal evaluation process and may result in a Proposal being
excluded from consideration:
5.6.1. The Proposer must certify in it’s Proposal that: (i) it is licensed, qualified and able to
perform all aspects of the Contract without subcontracting; and (ii) it has a valid
business reason for self-performing all work on the Contract as opposed to
subcontracting with an SBE. The Proposal must describe the valid business reason for
self performing, and the Proposer must submit with its Proposal documentation
sufficient to demonstrate to the City’s reasonable satisfaction the validity of such
assertions. Valid business reasons include: (a) special skill-based qualifications that the
SBE does not possess or (b) a significant increase in the cost for the SBE to perform
the scope of work instead of the Proposer, or (c) such other factors as the SBO
Program Manager may deem valid in a particular instance. Proposers that intend to
self perform are encouraged to gather their documentation and approach the SBO
Program Manager at least 18 days prior to the Proposal due date to obtain clearance
for self performance.
5.6.2. SBEs may approach the Proposer about possible subcontracting or subconsulting
opportunities on the project by virtue of having received notice of the project from the
City or through other means. In such event, the Proposer must comply with the Good
Faith Negotiation requirements of Section 4 in evaluating and responding to any SBE
quotes or inquiries the Proposer receives in connection with the project.
5.6.3. The Proposer must submit copies of any quotes the Proposer receives from Interested
SBEs with the Proposer’s Proposal, along with a comparison of the SBEs quote with
the Proposer’s costs and expenses for doing such work.
Section 6: Waivers 6.1. Failure to comply with Part C, Services Procurement, may be waived only in accordance with
this Section.
SBO Program Part C Services Procurement (3/23/2007) 14
6.2. Waiver of Good Faith Efforts and Good Faith Negotiation The Program Manager shall be
entitled (but not required) to waive the Good Faith Efforts and the Good Faith Negotiation
Requirements in a situation where the most qualified Proposer failed to comply with the Good
Faith Efforts and Good Faith Negotiation requirements (the “Non-Compliant Proposer”), but has
proposed SBE utilization that is greater than that proposed by the next most qualified Proposer
that complied with Good Faith Efforts and Good Faith Negotiation requirements and would
otherwise be awarded the Service Contract (the “Compliant Proposer”). In determining whether
to grant such waiver, the Program Manager will take into account:
(a) The cost difference to the City between the two proposals;
(b) The difference in the qualification level of the Compliant and Non-Compliant
Proposers;
(c) The level of SBE utilization proposed by the Compliant and Non-Compliant
Proposers;
(d) The level of effort the Compliant and Non-Compliant Proposers undertook to
meet the Good Faith Efforts requirement;
(e) The consistency in subcontractors the Non-Compliant Proposer has proposed
on City projects (i.e. whether or not the Proposer consistently uses the same
subcontractors on every Proposal);
(f) The consistency in SBE Utilization Commitment the Non-Compliant Proposer
has proposed on City projects (i.e., whether or not the Proposer consistently
proposes the same SBE Utilization Percentage) and
(g) Instances of past non-compliance with the Good Faith Efforts requirements on
the part of the Non-Compliant Proposer and any other factors deemed relevant
by the Program Manager.
6.3. Minor Non-Compliance Waiver. In addition to and without limiting the Program Manager’s
power and authority to grant waivers under Section 6, the Program Manager shall have the power
and authority to waive non-compliance with this Program if:
6.3.1. The non-compliance is minor in nature; and
6.3.2. The non compliance does not reflect a lack of diligence on the Proposer’s part in
complying with the Program. For example, a repeated violation of the same Program
provision on two or more proposals might be deemed a lack of diligence in complying
with the Program.
6.4. General Information About Waivers. The waivers referenced in Section 6 may be granted
without notice to City Council. Nothing in Section 6 shall require the Program Manager to grant a
waiver in any situation, or give rise to a suggestion that the Program Manager might be inclined to
grant a waiver in a certain situation. Likewise, the City shall not be bound by any oral
representation made by any City employee, official, agent or representative that a waiver will be
granted for a particular instance or for a category of instances.
SBO Program Part C Services Procurement (3/23/2007) 15
Section 7: False Statements or Certifications 7.1. It shall be a violation of the SBO Program, and grounds for disqualification from the Proposal
evaluation process for any Proposer to make a false or materially misleading statement or
certification regarding any matter relevant to the SBO Program.
SBO Program Part D Post Contract Requirements (3/23/2007) - 1 -
Part D
SBO Program
Post Contract Award Requirements
Section 1: Scope 1.1. The purpose of this document is to establish requirements for Contractor compliance with the SBO
Program after Contract award. Part D applies to and is incorporated into all City Contracts for
which an SBE Goal has been established or negotiated (which includes all Construction Contracts
over $200,000, and all Service Contracts over $100,000, unless otherwise exempt). The following Sections of Part D also apply to: (a) Informal Contracts, (b) service and construction and repair contracts entered into without a competitive process or for which the City waived the SBE Goal requirement and (c) other Exempt Contracts, excluding those
that fall within Sections 23.3 through 23.9 of Appendix 1 to Part A:.
Section 6: New Subcontractor Opportunities/Additions to Scope, Contract Amendments
Section 8: Utilization Reports
Section 9: Compliance Documentation
Section 10: False Statements or Misrepresentations
Section 11: Special Provision for Exempt Contracts
Section 12: Violations and Investigations
Section 13: Remedies
Section 14: Contract Provisions
Section 15: Determining Compliance and Exercising Remedies
1.2. Capitalized terms used in Part D shall have the meanings set forth in Part A, Appendix 1 of the
SBO Program. Section references in this document refer to Part D unless otherwise stated.
Section 2: Committed SBE Goal Applies Through Contract Completion 2.1. Contractors shall have an affirmative, ongoing obligation to meet or exceed the Committed
SBE Goal for the duration of the Contract. Unless exempted by another Section of this Part D,
the City may deem a Contractor to be in violation of the SBO Program and in breach of its Contract
if at any time the City determines that: (a) the Contractor will not meet the Committed SBE Goal;
and (b) the reasons for the Contractor’s failure are in the City’s judgment within the Contractor’s
control. For example, if a Contractor does not meet the SBE Goal because the Contractor
SBO Program Part D Post Contract Requirements (3/23/2007) - 2 -
terminated an SBE without cause or if the Contractor caused an SBE to withdraw from the project
without justification, then the City could find the Contractor to be in violation.
2.2. Exceptions. A Contractor shall not be deemed in violation of this Program for failure to meet the
Committed SBE Goal to the extent such failure is directly attributable to:
2.2.1. The City reducing the scope of a Contract so as to eliminate or reduce work that was
going to be performed by SBEs (whether through a change order, Contract amendment,
force account or otherwise);
2.2.2. An SBE’s voluntary withdrawal from the project if the Contractor demonstrates that such
withdrawal was beyond the Contractor’s reasonable control, so long as the Contractor
complied with the Modified Good Faith Efforts to replace the SBE with another SBE; or
2.2.3. Termination or reduction in the work of an SBE, if the Contractor demonstrates that
such termination was consistent with the terms of this Program, and that the Contractor
complied with the Modified Good Faith Efforts to replace the SBE with another SBE.
Section 3: Performance of a Commercially Useful Function 3.1. Contractors have an ongoing, affirmative obligation to ensure that SBEs performing on the
Contract are performing a Commercially Useful Function. A Contractor shall be in violation of
the SBO Program and in breach of its Contract if it lists an SBE to receive credit toward a
Committed SBE Goal with knowledge that the SBE will be acting as a Conduit or will otherwise not
be performing a Commercially Useful Function reasonably commensurate with the payment
amount for which the Contractor will be seeking credit.
3.2. For purposes of meeting the Committed SBE Goal, Contractors shall only receive credit for the amount of SBE participation that constitutes a Commercially Useful Function. Payments
exceeding the value of the Commercially Useful Function performed by an SBE shall not count
toward meeting the Committed SBE Goal.
Section 4: Change in SBE Status 4.1 Changes in an SBE’s Certification status after submission of the Contractor’s Bid shall be handled
as follows:
4.1.1. If an SBE’s Certification terminates due to expiration or graduation, the dollars paid
to the SBE on the Contract shall still count toward the Committed SBE Goal.
4.1.2. If an SBE’s Certification terminates due to the SBE having done any of the following, then the dollars paid to the SBE on the Contract shall NOT count toward the
SBO Program Part D Post Contract Requirements (3/23/2007) - 3 -
Committed SBE Goal and the Contractor shall be deemed in violation of the SBO
Program and in breach of the Contract if it had knowledge of such conduct:
The SBE has obtained SBE Certification by false or fraudulent means;
The SBE acts as a Conduit on any City Contract with the Contractor; or
The SBE fails to perform a Commercially Useful Function reasonably commensurate
to the compensation the Contractor agreed to pay such SBE, either on any City
Contract.
Notwithstanding the above, if an SBE’s Certification terminates due to the SBE obtaining
it by false or fraudulent means, then the Contractor shall be able to count toward the
SBE Goal all amounts paid to the SBE prior to the date the Contractor became aware of
such deception (and such time thereafter as is in the City’s judgment reasonably
necessary for the Contractor to replace the SBE).
Section 5: Terminating or Replacing an SBE 5.1. Contractors shall not terminate, replace or reduce the work of an SBE that the Contractor
has counted toward meeting the Committed SBE Goal unless:
5.1.1. The SBE refuses to enter into a contract consistent with the SBE’s Letter of Intent;
5.1.2. The SBE’s Certification terminates for any of the reasons set forth in Section 4.1.2;
5.1.3. The SBE materially breaches its contract with the Contractor;
5.1.4. The City reduces the Contract scope of work so as to eliminate or reduce the work that
the SBE was to perform; or
5.1.5. The SBE voluntarily withdraws from the Contract for reasons not within the Contractor’s
reasonable control.
5.2. Contractors shall provide the KBU and the SBO Program Manager written notice prior to replacing or terminating an SBE on a Contract. The notice shall identify the SBE and the
Contract, state the reason for the termination or replacement and state the proposed date on which
such termination or replacement will occur. Unless the circumstances necessitate immediate
termination or replacement, the Contractor shall provide such notice to the KBU and the SBO
Program Manager at least 5 Business Days before the Contractor terminates the SBE. The
Contractor shall further provide written notice to the SBE stating the reasons for the termination.
Unless circumstances dictate otherwise, the Contractor shall provide such notice before
termination is to occur.
5.3. Modified GFEs to Replace an SBE to a Contract. When an SBE withdraws or is terminated from
a Contract for any reason, the Contractor shall comply with the Modified Good Faith Efforts
Requirements described below to replace the departing SBE with another SBE. Likewise, when
SBO Program Part D Post Contract Requirements (3/23/2007) - 4 -
new opportunities for subcontracting arise on a Contract and the City sets a Supplemental SBE
Goal, the Contractor shall comply with the Modified GFEs set forth below in an effort to meet the
Supplemental SBE Goal,
5.3.1. Modified Minimum SBE Contacts. The Contractor must solicit the “Modified Minimum
SBE Contacts” as defined below, and shall comply with the Good Faith Efforts
requirements set forth in Section 5.3.2 of Parts B and C of the Program for making and
documenting such SBE contracts (excluding the contact deadlines). “Modified Minimum
SBE Contacts” shall mean 3 SBE contacts, unless the Program Manager has specified
another number. Contractors shall be required to provide a Form 4 letter of intent for
each SBE they add to a Contract subsequent to Contract award.
5.3.2. Additional Efforts. In addition to making the Modified Minimum SBE Contacts, the
Contractor shall undertake at least 2 of the other Good Faith Efforts that were available
for achieving SBO Program compliance on the Contract prior to Bid Opening, excluding
Notification of Subcontracting Opportunities, Attendance at the City’s Pre-Bid or Pre-
Submittal Meeting, Follow-up Contacts and Achieving 50% of SBE Participation.
Section 6: New Subcontractor Opportunities/Additions to Scope, Contract Amendments 6.1. Notice of New Subcontracting Opportunities. If a Contractor elects to subcontract any portion of
a Contract that the Contractor did not previously identify to the City as a subcontracting
opportunity, or if the scope of work on a Contract increases for any reason in a manner that
creates a new SBE subcontracting opportunity (whether through a change order, Contract
amendment, inaccurate initial estimate by the Contractor or otherwise), the Contractor shall: (a)
promptly notify the City of the new subcontracting opportunity and, (b) inform the City whether the
Contractor, existing SBEs or other subcontractors can perform the new opportunity.
6.2. SBE Goal for New/Additional Subcontracting Opportunities. Upon receipt of a notice of new
subcontracting opportunities under Section 6.1, the Program Manager or designee shall either: (a)
notify the Contractor that there will be no Supplemental SBE Goal for the new work or (b) establish
and notify the Contractor of a Supplemental SBE Goal for the new work (assuming there are SBEs
listed in the City’s database for that particular type of work).
6.3. Modified Good Faith Efforts. If the City sets a Supplemental SBE Goal for new work on a
Contract, the Contractor shall comply with the Modified Good Faith Efforts set forth in Section 5.3
in attempting to meet the Supplemental SBE Goal.
SBO Program Part D Post Contract Requirements (3/23/2007) - 5 -
6.4. Notwithstanding the forgoing, a Contractor shall have no obligation to comply with Sections 6.1 and 6.3 if the Contractor’s Committed SBE Goal for the Contract is higher than the SBE Goal the City established in the City Solicitation Document, provided that the City
has determined that the Contractor is on track to meet the higher Committed SBE Goal. If in the
City’s judgment the Contractor is not on track to meet the Committed SBE Goal, the Contractor
shall comply with Section 6.1 even if the Committed SBE Goal is higher than the SBE Goal
established by the City.
Section 7: Payment to SBEs 7.1. Payment to SBEs. Contractors shall abide by N.C. General Statute 143-134.1 (b), which states:
within seven days of receipt by the prime contractor of each periodic or final payment, the prime contractor shall pay the subcontractor based on work completed or service provided under the subcontract. Should any periodic or final payment to the subcontractor be delayed by more than seven days after receipt of the periodic or final payment by the prime contractor, the prime contractor shall pay the subcontractor interest, beginning on the eighth day, at the rate of one percent (1%) per month or fraction thereof on such unpaid balance as may be due.
7.2. Quick Payment Policy. If a Contractor has made a Quick Pay Commitment in accordance with this
Program, the Contractor shall comply with any provisions of the Quick Pay Commitment that are
more stringent than Section 143-134.1 (b), but shall also remain bound by Section 143-134.1(b).
For instance, if a prime contractor entered into a Quick Pay Commitment to pay its subcontractors
within 5 days after work is completed, but yet has still not paid its subcontractors two months after
the prime contractor has been paid by the City, the prime contractor will be in violation of Sections
7.1 and 7.2 of this Part and subject to any remedies the City may impose as a result, and will also
be liable under state law for violating Section 143-134.1 (b) and for paying 2% interest to its
subcontractors.
Section 8: Utilization Reports and Documentation of Payments 8.1. Contractors shall report to the City the total dollars paid to each SBE on each Contract, and shall
provide such payment affidavits, certifications or other documentation regarding payment to
subcontractors as may be requested by the City from time to time. Such affidavits, certifications or
documents shall be in the format specified by the SBDP Office, and shall be submitted at such
times as required by the City. Failure to provide such reports within the time period specified by the
City shall entitle the City to exercise any of the remedies set forth in Section 13, including but not
limited to withholding payment from the Contractor and/or collecting liquidated damages.
Section 9: Compliance Documentation
SBO Program Part D Post Contract Requirements (3/23/2007) - 6 -
9.1. Responding To City Requests for Information. The City may request information, documents or
other materials from a Contractor at any time for the purpose of determining whether the Contractor
is in compliance with the SBO Program. The Contractor shall comply with all such requests within
3 Business Days, unless otherwise agreed by the City in writing.
9.2. Contractor Compliance with City Consultant Requests for Information. Contractors shall
further cooperate with the City and any consultants hired by the City: (a) in any investigation
initiated by the City to determine whether the Contractor is in compliance with the SBO Program, or
(b) in connection with any disparity study conducted by the City to determine whether there is
discrimination among contractors or subcontractors on City contracts.
9.3. Failure to comply with this Section 9 by a Contractor shall entitle the City to exercise any of the
remedies set forth in Section 13, including but not limited to withholding payment from the
Contractor and/or collecting liquidated damages.
Section 10: False Statements or Misrepresentations. Contractors shall not make any false statements or material misrepresentations regarding any matter
relevant to the SBO Program. Failure to comply with this Section shall entitle the City to exercise any of the
remedies set forth in Section 13, including but not limited to withholding payment from the Contractor
and/or collecting liquidated damages.
Section 11: Special Provision for Exempt Contracts. If requested by the Program Manager, Business Enterprises that enter into Exempt Contracts shall be
required to notify the City of any subcontracting opportunities that may arise on the Exempt Contract for
which there are Qualified SBEs listed in the City’s database. Failure to comply with this provision shall be
deemed a material breach of the Exempt Contract, and shall entitle the City to exercise any of the remedies
set forth in Section 13.
Section 12: Violations and Investigations 12.1. Reporting of Violations and Unfair Practices. Contractors and SBEs shall report any alleged
SBO Program violations or unfair practices involving the SBO Program to the SBO Program
Manager within 5 Business Days after the Contractor or SBE first became aware of the act or
omission in question. The Program Manager may reject as untimely any report submitted after
such time. The SBO Program office shall not accept reports of violations or unfair practices that
SBO Program Part D Post Contract Requirements (3/23/2007) - 7 -
are submitted more than 30 Calendar Days after the SBE first became aware of the act or
omission in question.
12.2. Investigations and Burden of proof. The SBDP Office is empowered to receive and
investigate complaints and allegations by SBEs, third parties and/or City personnel, and/or to
initiate its own investigations regarding compliance with the SBO Program and the rules and
guidelines promulgated thereunder. In the event the SBDP Office determines in its sole discretion
that an investigation is warranted, the Program Manager shall notify the party being investigated.
Upon written notice of such investigation, the affected party shall be obligated to cooperate fully
with the investigation and shall have a continuing duty to provide complete, truthful information to
the Program Manager. The party under investigation shall have the burden of proof in showing
that it complied with the Program
Section 13: Remedies 13.1. A violation of the SBO Program by a Contactor shall constitute a material breach of the Contract,
and shall entitle the City or private owner to:
13.1.1. Exercise all rights and remedies that it may have at law or at equity for violation of the
SBO Program;
13.1.2. Terminate the Contract for default;
13.1.3. Suspend the Contract for default;
13.1.4. Withhold all payments due to the Contractor under the Contract until such violation has
been fully cured or the City and the Contractor have reached a mutually agreeable
resolution;
13.1.5. Assess liquidated damages as provided in Section 13.2; and/or.
13.1.6. Offset any liquidated damages and/or any amounts necessary to cure any violation of
the SBO Program from any retainage being held by the City on the Contract, or from any
other amounts due to the Contractor under the Contract.
The remedies set forth herein shall be deemed cumulative and not exclusive, and may be
exercised successively or concurrently, in addition to any other available remedy.
13.2. Liquidated Damages. In entering into a Contract that is subject to the SBO Program, the
Contractor agrees to the following:
The City and the Contractor acknowledge and agree that the City will incur damages if the
Contractor violates the SBO Program in one or more of the ways set forth below, including but not
limited to loss of goodwill, detrimental impact on economic development and diversion of internal
SBO Program Part D Post Contract Requirements (3/23/2007) - 8 -
staff resources. The parties further acknowledge and agree that the damages the City might
reasonably be anticipated to accrue 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 below for each specified violation of the SBO Program.
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:
13.2.1. Failure to Meet SBE Goal. If The City determines upon completion or termination of a
Contract that the Contractor did not meet the Committed SBE Goal and that such failure
is not otherwise excused under Part D, the City may assess the lesser of: (a) $30,000 or
(b) the dollar difference between the Committed SBE Goal and the Contractor’s actual
SBE utilization;
13.2.2. Using SBE as a Conduit. If the Contractor lists an SBE to receive credit toward a
Committed SBE Goal with knowledge that the SBE will be acting as a Conduit or will not
be performing a Commercially Useful Function reasonably commensurate with the
payment amount for which the Contractor will be seeking credit, the City may assess the
lesser of: (a) $20,000 or (b) the dollar amount the Contractor indicated that it would pay
such SBE in the SBEs contract (or if no contract has been signed, the SBE’s Letter of
Intent);
13.2.3. Wrongful Termination or Replacement of SBE Services. If the Contractor terminates
or replaces an SBE in violation of the SBO Program, the City may assess the lesser of:
(a) $20,000 or (b) the dollar amount of the work remaining to be performed by the
terminated SBE at the time it was terminated (or if the SBE was not terminated because
it was never retained, then, the dollar amount that the Contractor indicated it would pay
the SBE in the SBE’s letter of intent) or ;
13.2.4. Failure to Comply with SBO Program Upon Termination or Withdrawal by SBE. If the Contractor fails to comply with Part D of the SBO Program upon the termination or
withdrawal of an SBE, the City may assess the lesser of: (a) $20,000 or (b) the dollar
amount of the work remaining to be performed by the SBE that withdrew or was
terminated at the time of the termination or withdrawal;
13.2.5. Failure to Comply with SBO Program to Add New Subcontractors. If the Contractor
fails to comply with Part D of the SBO Program in adding new subcontractors to a
Contract, or in the event of a Contract amendment or increase in the scope of work on a
contract, the City may assess the lesser of: (a) $20,000; or (b) the dollar amount of the
new or additional work;
13.2.6. False Statements and Misrepresentations. If the Contractor makes a false statement
or material misrepresentation regarding any matter relevant to the SBO Program
(including but not limited to information provided regarding payments made to SBEs),
SBO Program Part D Post Contract Requirements (3/23/2007) - 9 -
the City may assess the lesser of: (a) $25,000; or (b) the dollar difference between what
the Contractor represented and the truth;
13.2.7. Failure to Respond to Request for Information. If the Contractor fails to provide any
report, documentation, affidavit, certification or written submission required under the
SBO Program within the time period set forth therein, the City may assess $25 per day
for each day that such report, documentation or written submission is overdue.
13.3. Remedies for Violations in the Procurement Process. A violation of the SBO Program in the
bid phase of a Contract shall be grounds for rejection of the applicable Bid or Proposal. If the
violation involves bad faith or dishonesty or may otherwise be indicative of the violator’s
qualification to perform certain future Contracts, the City may consider such violation in awarding
such future Contracts.
Section 14: Contract Provisions 14.1. Mandatory Contract Provisions. Each Contract and Exempt Contract Subject to Post Award
Compliance shall include the provisions set forth below, subject to such minor revisions as may be
necessary to achieve consistent terminology:
Small Business Opportunity Program. The City has adopted a Small Business Opportunity
Program, which is posted on the City’s website and available in hard copy form upon request to the
City. The parties agree that:
(a) The terms of the City’s Small Business Program, as revised from time to time,
together with all rules and guidelines established under such program
(collectively, the “SBO Program”) are incorporated into this Agreement by
reference; and
(b) A violation of the SBO Program shall constitute a material breach of this
Agreement, and shall entitle the City to exercise any of the remedies set forth
in Part D of the SBO Program, including but not limited to liquidated
damages; and
(c) Without limiting any of the other remedies the City has under the SBO
Program, the City shall be entitled to withhold periodic payments and final
payment due to the Contractor under this Agreement until the City has
received in a form satisfactory to the City all claim releases and other
documentation required by the City’s SBO Program, and in the event
payments are withheld under this provision, the Contractor waives any right to
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interest that might otherwise be warranted on such withheld amount under
G.S. 143-134.1; and
(d) The remedies set forth in Part D of the SBO Program shall be deemed
cumulative and not exclusive and may be exercised successively or
concurrently, in addition to any other available remedy; and.
(e) The City will incur costs if the Contractor violates the SBO Program, and such
costs are difficult to ascertain due to their indefiniteness and uncertainty.
Accordingly, the Contractor agrees to pay the City liquidated damages at the
rates set forth in Part D of the SBO Program.
(f) 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 SBO Program.
(g) Nothing in this Section shall be construed to relieve a Contractor from any
obligation it may have under N.C. Gen. Stat. 143-134.1 regarding the
payment of subcontractors.
Section 15: Determining Compliance and Exercising Remedies. 15.1. The SBDP Office shall review all Contracts for compliance with the SBO Program. This review
shall include, but not be limited to, whether the Committed SBE Goal (in both dollar amounts and
percentages) is maintained over the duration of the Contract, whether the Contractor improperly
terminated, replaced or reduced the work of an SBE, whether the Contractor complied with
Section 6 regarding any Contract amendments, renewals or additions to scope, whether SBEs on
the Contract performed a Commercially Useful Function, etc. The SBDP Office may conduct such
review on its own, or may hire consultants to assist in such process.
15.2. When the SBDP Office determines that a Contractor has violated the SBO Program, the Program
Manager shall make a recommendation to the KBE regarding appropriate remedies for the City to
exercise in that situation and the KBE responsible for the affected procurement process or
Contract shall make the decision as to what remedies will be exercised.
SBO Program Part E Certification and Eligibility (3/23/2007) 1
Part E
SBO Program
SBE Certification and Eligibility
Section 1: Program Overview and Scope This document states requirements for becoming and remaining certified as a Small Business Enterprise
under the City of Charlotte’s Small Business Opportunity (“SBO”) Program. Capitalized terms used in this
document are defined in Appendix 1 to Part A of the SBO Program. Section references in this document
refer to Part E unless otherwise stated.
The SBO Program is divided into 7 Parts, based on the type of contract and whether the situation
involves procurement or post contract compliance. For reference purposes, these Parts are:
Part A: Administration and Enforcement Part E: SBE Certification and Eligibility Part B: Construction Bidding Part F: Financial Partners Part C: Services Procurement Part G: Alternative Construction Agreements Part D: Post Contract Award
Section 2: SBE Eligibility and Certification A Business Enterprise shall be eligible for Certification as an SBE only if it meets each of the following
requirements:
2.1. Licensed and For Profit. Only for profit enterprises shall be eligible for SBE Certification. Non-
profit organizations cannot become certified as SBEs. Additionally, to be eligible for SBE
Certification, a Business Enterprise must be authorized to do business in the State of North
Carolina and must have a valid Mecklenburg County privilege / business license.
2.2. Ownership. “Eligible Owners” must own at least fifty-one percent (51%) of the legal and
equitable interest in the Business Enterprise. A person shall be deemed an “Eligible Owner” if
such person:
2.2.1. Owns in his or her own name a legal and equitable interest in the Business Enterprise;
2.2.2. Acquired the interest in a real and substantial arms-length transaction utilizing real and
substantial consideration;
2.2.3. Acquired the interest with his or her own financial or equivalent resources or has put his
or her own financial resources at risk in the operation of the Business Enterprise;
SBO Program Part E Certification and Eligibility (3/23/2007) 2
2.2.4. Together with his or her spouse has a combined personal net worth under $750,000,
excluding: (i) $500,000 of their combined equity in their primary residence; and (ii) their
combined ownership interest in the applicant Business Enterprise; and (iii) the value of
owner’s and spouse’s retirement savings account as defined by the United States Tax
Code and the Internal Revenue Service, and
2.2.5. Is not currently an official, officer or employee of the City.
2.3. Management and Control. The daily business operations of the Business Enterprise shall be
managed and controlled by one or more Eligible Owners (the “Managing Eligible Owner”). The
Managing Eligible Owner(s) shall be deemed to manage and control the daily business
operations only if:
2.3.1. Their management and control is specifically demonstrated to be real, substantial and
continuing and goes beyond the pro-forma ownership of the Business Enterprise as
reflected in its ownership documents;
2.3.2. They possess the power to and actually direct the management and policies of the
Business Enterprise;
2.3.3. They make both routine and major decisions on matters of management, policy and
operations; and
2.3.4. They are not subject to formal or informal restrictions that are inconsistent with the
customary discretion of majority owners.
2.4. Experience and Involvement of Eligible Owners. One or more Eligible Owners must:
2.4.1. Hold the professional license or contractor license necessary for operation of each type
of business for which the Business Enterprise seeks Certification; demonstrate that the
Business Enterprise holds the required license necessary for operation or demonstrate
that the Business Enterprise has personnel with license necessary for the operation of
each type of business;
2.4.2. Have substantial experience in the trade or industry or other experience, which would
be necessary to make routine and major decisions for the Business Enterprise; and
2.4.3. Regularly hold themselves out to the public and sign important documents and financial
instruments in a manner that is indicative of primary management and control of daily
business operations and responsibility for routine and major decisions.
2.5. Actively in business for three (3) months. The Business Enterprise may not be certified until
three (3) months after each of the following:
2.5.1. Formation of the Business Enterprise;
2.5.2. Commencement of sustained business activity in each trade or profession described on
the Certification application; and
SBO Program Part E Certification and Eligibility (3/23/2007) 3
2.5.3. Commencement of ownership, management and control of daily business operations
by the Eligible Owners(s).
2.5.4. In the case of a transfer in ownership, the owner to which the business has been
transferred must be the Eligible Owner for a minimum of one year subsequent to the
date of transfer and must meet requirements described herein.
2.6. Exemption of Three Months Business Activity Requirement for Former Eligible Owner Certified with Existing SBE. If a person who was an Eligible Owner of a Certified SBE that was
a partnership or corporation creates a sole proprietorship to engage in the same type of
business, the sole proprietorship SBE will not have to demonstrate sustained business activity
for 3 months subsequent to the date of creating the sole proprietorship. If a person who was an
Eligible Owner of a Certified SBE that was a partnership or corporation creates another
corporation or other Business Enterprise with multiple owners, the Eligible Owner may need to
demonstrate majority ownership and management control of the new corporation before the City
grants an exemption for the three-month in business requirement. Granting an exemption is not
intended to mean that the SBDP office will not request other information to verify eligibility for
SBE Certification.
2.7. SBE Certification Based on NIGP Codes. SBE Certification areas shall correspond to the
major groups set forth in the National Institute of Government Purchasing (NIGP) Commodity
Codes or such other classification codes or standards as the Program Manager may designate
from time to time. SBEs shall be certified only for the NIGP Codes for which they apply and in
which they have had sustained business activity for a minimum of three (3) months.
2.7.1. Adding or altering NIGP Codes for which SBE status was initially granted. If at
any time subsequent to Certification an SBE can demonstrate sustained business
activity for a minimum of 3 months in one or more additional areas, the SBE can
request that the City review, add or alter the NIGP codes upon which its initial
Certification was based. Adding or altering NIGP Codes shall be subject to approval by
the SBO Program Manager or designee.
2.7.2. Performing services outside of the NIGP Codes for which SBE status was initially granted. If an SBE responds to a solicitation to subcontract services in areas for which
it was not initially or subsequently certified, the Contractor shall be able to count the
utilization toward the SBE Utilization Goal as long as the SBE can demonstrate (i.e. by
proof of payments made to the SBE to perform or provide such service or good) to the
City’s reasonable satisfaction that before submitting a bid or proposal, it had sustained
business activity in that area for a minimum of 3 months.
2.8. Perform a Commercially Useful Function. The Business Enterprise must perform a
Commercially Useful Function. A Business Enterprise does not perform a Commercially Useful
SBO Program Part E Certification and Eligibility (3/23/2007) 4
Function if it merely acts as a Conduit by passing the scope of work for which it is scheduled to
perform or supply on the contract to an SBE or non-SBE firm.
2.9. Geographic Restriction. The Business Enterprise must have its principle place of business
within the Charlotte Metropolitan Statistical Area throughout the period the Business Enterprise
is certified as an SBE. If after a Business Enterprise becomes certified as an SBE the Charlotte
Metropolitan Statistical Area changes so as to exclude the area where the SBE’s principle place
of business is located, the SBE shall be entitled to retain its Certification until the date on which
its certification expires in accordance with this program.
2.10. Threshold Size and Graduation Standards. The annual sales receipts and the number of
employees of the Business Enterprise cannot exceed the size standards set forth below.
2.10.1. SBE Size Eligibility. No applicant Business Enterprise shall be certified as an SBE,
and following Certification of an SBE, no Certification shall be renewed if on the
effective date of the application or renewal the applicant Business Enterprise or SBE
(combined with all Affiliates) has achieved a size standard that exceeds twenty-five
(25%) of the applicable size standards established by the Small Business
Administration at 13 CFR § 121.201 et. seq., as amended, or successor regulation or
classification system by either:
(a) Annual receipts averaged over the three (3) preceding fiscal years;
(b) Size standard based on number of employees;
(c) Or other criteria, which the Program Manager may establish from time to time.
2.10.2. Certification Based on NAICS Size Standards (“SBA Size Regulations”). The
annual receipts and number of employees of an applicant Business Enterprise shall be
determined in accordance with the definitions and methodology established by the
Small Business Administration at 13 CFR 121.201 et. seq. as amended, or successor
regulation or classification system, all of which are incorporated into this Program by
reference.
2.10.3. SBE Graduation from NAICS Size Standard. An SBE and any Affiliate that has
exceeded the graduation criteria in one (1) NAICS major group shall be deemed to be
graduated from SBE Certification for that major group, and may continue to be certified
in another NAICS major group having a higher monetary or higher employee number
as a graduation level. The SBE and any Affiliate shall no longer be considered eligible
to be or remain certified in the NAICS major group with the lower size standard.
(a) An SBE or any Affiliate that has exceeded the graduation criteria for the NAICS
major group applicable to 75% of its services shall be deemed to be graduated
from SBE Certification for all purposes.
(b) Graduation, or other conditions of ineligibility of an SBE, shall not affect the
contribution made by the SBE toward satisfaction of a SBE Utilization Goal if
SBO Program Part E Certification and Eligibility (3/23/2007) 5
the work was Bid or proposed to be performed by the SBE before the date of
ineligibility or achievement of the graduation criterion.
2.10.4. Graduation Criteria Applies to Affiliates. The graduation criteria set forth above shall
apply to SBE Affiliates. No Business Enterprise shall be certified based upon an
affiliation with an SBE that has become ineligible for Certification because of the
achievement of graduation criteria or other conditions of ineligibility.
2.11. Appeal Process. If a Business Enterprise feels that it has been unfairly denied SBE status or
that its SBE status has been wrongfully terminated, the Business Enterprise shall submit its
concerns in writing to the SBO Program Manager within 30 Days after the aggrieved incident.
Decisions of the SBO Program Manager may be appealed to the Economic Development
Director and to the City Manager’s Office.
2.12. Certification Procedures. The Program Manager shall establish reasonable procedures and
methods for the Certification of applicant Business Enterprises as SBEs, in order to effect the
purposes of this SBO Program.
2.13. Interviews, investigation and onsite visits. The SBO Program office may interview all persons
upon whom eligibility for Certification is based, and is empowered to interview such other
persons and conduct such onsite visits and investigations as may be appropriate in its sole
discretion to verify eligibility for Certification. A Business Enterprise wishing to be certified as an
SBE shall cooperate with the SBO Program office in supplying additional information that may be
requested in order to make a determination. If an SBE fails to respond to the SBO Program
office’s request for information within (a) either the time period specified in the notice requesting
information or (b) if no time is specified in the notice within 30 Days subsequent to the date of
the notice, the City may immediately suspend eligibility and/or terminate SBE Certification.
2.14. Attendance at Orientation Meetings. The City shall conduct periodic meetings to educate
SBEs about SBO Program requirements and about general matters relating to participating in
City contracts or contracting in general. SBEs shall be required to attend at least one such
meeting before or within 90 days after becoming Certified. The Program Manager may by rule
or regulation require SBEs to attend follow-up meetings on a periodic basis, but no more than
once every two years.
2.15. Continued eligibility and renewal of Certification. An SBE Certification shall be valid for a 3-
year period. Following initial Certification, an SBE that desires to continue its Certification for
each subsequent year shall, no later than 30 days prior to each annual anniversary of the
Certification, submit an affidavit of no change of circumstances which shall update and reaffirm
all requirements for Certification. No later than 30 days before its third year anniversary of
Certification, an SBE must submit a renewal application. A Certification shall terminate
SBO Program Part E Certification and Eligibility (3/23/2007) 6
automatically and without notice upon the failure of the Business Enterprise to satisfy any
requirement set forth in this section.
2.16. Suspension, Revocation or Modification of SBE Certification. The SBDP shall have the
power to suspend or revoke any Certification issued under the SBO Program and may suspend
an SBE’s participation from counting toward an SBE Goal if:
2.15.1. The SBE has by false or fraudulent representations obtained SBE Certification;
2.15.2. The SBE firm is found to have committed any act which constitutes improper,
fraudulent or dishonest dealing;
2.15.3. The SBE acts as a Conduit or fails to perform a Commercially Useful Function on a City
project;
2.15.4. The SBE fails to comply with the provisions of SBO Program, fails to submit information
requested by the City, or fails to cooperate in investigations.
2.17. The SBDP may further modify the list of areas for which an SBE is certified, if the SBE regularly
fails to submit bids or proposals for work in particular area, or if it becomes apparent that the
SBE is not qualified to perform work in a particular area. However, nothing in this SBO Program
or in any action or inaction by the SBDP office or the Program Manager shall be deemed a
representation or certification that a particular SBE is qualified to perform work in a particular
area.
2.18. The Program Manager shall make all decisions regarding the suspension or revocation of an
SBE’s Certification, and the duration of such suspension or revocation. The SBO Program
Manager may consider an SBEs history of performance on City projects when determining
whether to suspend or revoke SBE Certification status.
SBO Program Part F Financial Partners (3/23/2007) 1
Part F
SBO Program
Financial Partners
Section 1: Program Overview and Scope This document states requirements that Financial Partners must comply with under the City of Charlotte’s
Small Business Opportunity (“SBO”) Program as a condition of receiving funding from the City of
Charlotte. Capitalized terms used in this document are defined in Appendix 1 to Part A of the SBO
Program. Section references in this document refer to Part F unless otherwise stated. The SBO Program is divided into 7 Parts, based on the type of contract and whether the situation
involves procurement or post contract compliance. For reference purposes, these Parts are:
Part A: Administration and Enforcement Part E: SBE Certification and Eligibility Part B: Construction Bidding Part F: Financial Partners Part C: Services Procurement Part G: Alternative Construction Agreements Part D: Post Contract Award
1. Financial Partners Defined. Financial Partners are non-profit agencies or organizations with whom
the City of Charlotte contracts to provide specific services. These agencies extend the City's capacity
to address strategic priorities and concerns of the community. Partnerships include those due to
special legislation, those that support City Council's five strategic focus areas; and partnerships that
contribute to important community activities. The contract under which the City agrees to provide
funding to a Financial Partner.
2. SBO Program Exemption. If the Financial Partner currently administers an MWBE program or DBE
program, the Financial Partner may seek an exemption from the SBO Program by communicating to
the KBU administering the Financial Partner contract and the SBDP office the Financial Partner’s
intention to use its existing contractor program in lieu of adhering to the SBO Program. Financial
Partners exempted from the SBO Program shall nonetheless adhere to outreach and reporting
requirements outlined in Sections 4 and 5 for MWBE and DBE firms.
3. KBU Establishes Annual SBE Utilization Goal. The KBU responsible for administering the
Financial Partner Agreement shall recommend an annual SBE Goal to the SBDP Office for the
Financial Partner. The SBDP Office shall set the SBE Goal for the Financial Partner, and the City
shall take such steps as are appropriate to ensure accountability in meeting such goals by Financial
Partners.
SBO Program Part F Financial Partners (3/23/2007) 2
4. Outreach Requirements. Financial Partners shall undertake the following efforts to meet the SBE
Goals established by the City: 4.1.1. Notify SBEs of any subcontracting opportunities that may exist in the Financial
Partner’s business for which there are Qualified SBEs listed in the City’s database; and
4.1.2. Request advice and assistance from the SBDP Office as to what additional measures
might be helpful if and when it becomes apparent that outreach alone will be insufficient
to meet the Financial Partner’s SBE Goal; and
4.1.3. Follow such additional measures as the SBDP Office reasonably recommends.
5. Reporting Requirements. Financial Partners shall report to the City on a periodic basis (either
quarterly or according to the schedule established by the KBU that administers the Financial Partner’s
contract) the total amount of dollars paid by the Financial Partner to SBEs. Periodic reporting shall
occur no less frequently than once a year. Reports shall be in such format and shall contain such
information as may be specified by the SBDP Office from time to time.
6. Material breach of contract. Failure to comply with Part F of the SBO Program shall be deemed a
material breach of the Financial Partner’s Agreement with the City. In the event a Financial Partner
fails to comply with Part F, the City shall be entitled to terminate or suspend the Financial Partner
Agreement, withhold payment under the Financial Partner Agreement, impose any liquidated
damages that may be included in the Financial Partner Agreement or impose any other remedy
allowed under the Financial Partner Agreement, or at law or in equity, for material breach of contract.
Notwithstanding the forgoing, failure to meet an SBE Goal shall not be deemed a material breach if
the Financial Partner complies with Section 4 and demonstrates to the City’s reasonable satisfaction
that it used diligent efforts to meet the SBE Goal.
SBO Program Part G Developer Agreements (3/23/2007) 1
Part G
SBO Program
Alternative Construction Agreements
Section 1: Program Overview and Scope. This document states requirements under the City of Charlotte’s Small Business Opportunity (“SBO”)
Program for Infrastructure Reimbursement Agreements, Public-Private Development Agreements and
Construction Manager at Risk Agreements. Capitalized terms used in this document are defined in
Appendix 1 to Part A of the SBO Program. Section references in this document refer to Part G unless
otherwise stated. The SBO Program is divided into 7 Parts, based on the type of contract and whether the situation
involves procurement or post contract compliance. For reference purposes, these Parts are:
Part A: Administration and Enforcement Part E: SBE Certification and Eligibility Part B: Construction Bidding Part F: Financial Partners Part C: Services Procurement Part G: Alternative Construction Agreements Part D: Post Contract Award
Section 2: SBE Requirements for Infrastructure Reimbursement Agreements and Public-Private Development Agreements (“Reimbursement Agreements”) 2.1 Definition of “Reimbursement Agreements”: “Reimbursement Agreement” means an
Infrastructure Reimbursement Agreement or a Public Private Development Agreement, each of
which is defined below.
2.1.1 An Infrastructure Reimbursement Agreement is an agreement with a private
developer or property owner approved by the City under Section 2-2 of Charlotte City
Code for the design and construction of municipal infrastructure that is included in the
City’s capital improvement plan and serves the developer or property owner.
Infrastructure Reimbursement Agreements may involve, without limitation, water mains,
sanitary sewer lines, lift stations, stormwater lines, streets, curb and gutter, sidewalks,
traffic control devices and other associated facilities.
2.1.2 A Developer Agreement is a contract under which the City agrees to provide funding
of $200,000 or more for a “public-private development project” as defined in Section 7-
SBO Program Part G Developer Agreements (3/23/2007) 2
109 of the City of Charlotte Charter. A public-private development project must be a
capital project comprising both public and private facilities that are located (i) in the
City’s central business district, as defined by City Council; (ii) in or along a major
transportation corridor; or (iii) in a development zone designated pursuant to G.S. 105-
129.3A.
2.2 Reimbursement Agreements Are Exempt From Part B of the SBO Program Except to the Extent Program Provisions Are Incorporated Into an SBE Participation Plan for a Specific Project. Reimbursement Agreements are exempt from Part B of the SBO Program. However, as
a condition of entering into a Reimbursement Agreement, the City shall require the owner or
developer to comply with Section 2.3 regarding the establishment of an SBE Goal and
compliance with an SBE Participation Plan for the project, unless the SBO Program Manager
exempts the Reimbursement Agreement from these requirements. The SBO Program manager
may exempt a Reimbursement Agreement from the requirements of Section 2.3 if the SBO
Program Manager determines that the opportunities for SBE utilization do not warrant an SBE
Goal or SBE Participation Plan.
2.3 SBO Requirements Applicable to Reimbursement Agreements. Unless exempted by the
SBO Program Manager, Private developers and property owners that enter into Reimbursement
Agreements (collectively referred to as the “Company”) shall comply with the following:
2.3.1 Prior to City Council’s vote to award the Reimbursement Agreement, the Company
shall submit the following to the SBO Program Manager for review and approval:
2.3.1.1 A proposed SBE Goal for the design and construction work for which the City
will provide reimbursement to the Company (“Reimbursement Work”); and
2.3.1.2 A proposed SBE participation plan that describes what outreach and other
efforts the Company will be required to undertake to meet the SBE Goal (the
“SBE Participation Plan”).
2.3.2 City staff may reject the proposed SBE Participation Plan if in the City’s judgment it is
not reasonably calculated to meet the SBE Goal. In such case the City shall make
suggestions to the Company about how to improve the proposed SBE Participation
Plan, and the Company shall continue submitting revised versions until one is approved
by the City.
2.3.3 Notwithstanding the forgoing, the City and the developer or property owner may in
some instances agree to have the proposed SBE Goal apply to more than the design
and construction work for which the City will provide reimbursement. In such instances
the term “Reimbursement Work” shall apply to all work subject to the SBE Goal.
SBO Program Part G Developer Agreements (3/23/2007) 3
2.3.4 The SBE Goal shall be presented to City Council for approval as part of the
Reimbursement Agreement.
2.3.5 The Company shall comply with the SBE Participation Plan throughout the duration of
the Reimbursement Work. A violation of the SBE Participation Plan shall be deemed a
violation of the SBO Program.
2.3.6 A violation of the SBO Program or the SBE Participation Plan shall constitute a material
breach of the Reimbursement Agreement, and shall entitle the City to exercise any of
the remedies set forth in Part D of the SBO Program for breach by a Contractor,
including but not limited to liquidated damages; and
2.3.7 Throughout the duration of the Reimbursement Work, the Company shall submit to the
City written reports that detail contract award amounts and the actual dollars spent with
SBE firms on the project, broken down by industry, trade and race/gender/ethnic
ownership. Such reports shall be in a format approved by the SBO Program Manager
and shall contain such information as may be specified by the SBO Program Manager
from time to time. The SBO Program Manager may, in his or her sole discretion,
authorize the Company to submit such reports on a quarterly rather than monthly basis,
provided that such authorization shall be in writing.
2.4 Mandatory Reference to SBO Program in Agreement. Each Reimbursement Agreement (other
than those exempted by the SBO Program Manager) shall contain the following provisions,
subject to such minor revisions as may be necessary to achieve consistent terminology with the
Reimbursement Agreement:
Small Business Opportunity Program. The City has adopted a Small Business
Opportunity Program, which is posted on the City’s website and available in hard copy
form upon request to the City. The Company has adopted a Small Business Enterprise
(“SBE”) Goal for the project covered by this Agreement, and has agreed to comply with
an SBE participation plan that was developed by the Company and approved by the City
(the “SBE Participation Plan”). The parties agree that:
a. The terms of the City’s Small Business Program, as revised from time to
time, together with all rules and guidelines established under such program
(collectively, the “SBO Program”) and the SBE Participation Plan are
incorporated into this Agreement by reference; and
SBO Program Part G Developer Agreements (3/23/2007) 4
b. The Company shall be subject to and comply with all provisions referenced
in Section 3 of Part G of the SBO Program (which pertains to
Reimbursement Agreements); and
c. The Company shall be deemed a “Contractor” and this Agreement shall be
deemed a “Contract” for purposes of Part D of the SBO Program; and
d. A violation of the SBO Program or the SBE Participation Plan shall
constitute a material breach of this Agreement, and shall entitle the City to
exercise any of the remedies set forth in Part D of the SBO Program for
breach by a Contractor, including but not limited to liquidated damages; and
e. Without limiting any of the other remedies the City has under the SBO
Program, the City shall be entitled to withhold periodic payments and final
payment due to the Company under this Agreement until the City has
received in a form satisfactory to the City all claim releases and other
documentation required by the City’s SBO Program or the SBE Participation
Plan, and in the event payments are withheld under this provision, the
Company waives any right to interest that might otherwise be warranted on
such withheld amount under G.S. 143-134.1; and
f. The remedies set forth in Part D of the SBO Program shall be deemed
cumulative and not exclusive and may be exercised successively or
concurrently, in addition to any other available remedy; and.
g. The City will incur costs if the Company violates the SBO Program or the
SBE Participation Plan, and such costs are difficult to ascertain due to their
indefiniteness and uncertainty. Accordingly, the Company agrees to pay the
City liquidated damages at the rates set forth in Part D of the SBO Program
if the Company violates the SBE Participation Plan or the SBO Program.
h. The SBE Goal for this Agreement is __. The Company agrees that it is
accountable for meeting the SBE Goal, and that failure to do so constitutes
a breach of this Agreement unless such failure is due to circumstances
beyond the Contractor's control. The Company further agrees that in the
event of such unexcused failure, the upper limit on the Company’s
SBO Program Part G Developer Agreements (3/23/2007) 5
liquidated damages under Section 13.2.1 of Part D shall be $75,000 instead
of $30,000.
i. The Company agrees to participate in any dispute resolution process
specified by the City from time to time for the resolution of disputes arising
from the SBO Program.
j. Nothing in this Section shall be construed to relieve a Company from any
obligation it may have under N.C. Gen. Stat. 143-134.1 regarding the
payment of subcontractors.
Section 3: SBE Requirements for Construction Manager-At-Risk.
3.1. Definition of CM at Risk. A “CM at Risk” is a licensed general contractor that has signed a
construction manager at risk agreement as defined in N.C. Gen. Stat. 143-128.1 to manage a
construction project for the City (referred to for purposes of Section 4 as the “Project”). A CM at
Risk both manages and guarantees the cost of the Project. A CM at Risk Contract is the
agreement between the CM at Risk and the City, under which the CM at Risk agrees to do these
things.
3.2. Construction Manager-At-Risk Projects. A CM at Risk shall comply with the following
requirements:
3.2.1. Prior to City approval of the CM at Risk Contract, the CM at Risk shall submit a proposed
SBE Goal for the Project to the City for review and approval by the SBO Program Manager
and such other City staff as the City Manager may deem appropriate. If the CM at Risk
Contract is one which much be approved by City Council, the SBE Goal shall be subject to
City Council approval as well.
3.2.2. The CM at Risk shall enforce and comply with the SBO Program throughout the duration
of the Project as follows:
a. The CM at Risk shall administer and enforce Parts B, C and D of the SBO
Program with respect to contractors working on the Project as though the CM at
Risk were assuming the role of the City, and shall be subject to oversight by the
City as set forth in this Section 4.
b. The CM at Risk shall establish SBE Goals for its contracts on the Project that are
sufficient to enable the CM at Risk to meet its overall SBE Goal.
SBO Program Part G Developer Agreements (3/23/2007) 6
c. The CM at Risk shall designate a program manager to be responsible for
ensuring that the CM at Risk and all contractors working on the Project comply
with the SBO Program (the “CM at Risk Program Manager”).
d. The SBO Program provisions contained in the solicitation documents and
contracts used by the CM at Risk on the Project shall be: (a) subject to approval
by the City’s SBO Program Manager; and (b) substantially similar to the SBO
provisions used in the City’s solicitation documents, except that the term “City”
where appropriate shall be changed to identify the CM at Risk.
e. For purposes of Parts B, C and D of the SBO Program, the term “Contract” shall
include all contracts that the CM at Risk enters into in with contractors and
subcontractors in connection with the Project (other than contracts that would fall
within the definition of Exempt Contracts if entered into by the City). For purposes
of Part D, the term “Contract” shall also include the CM at Risk Contract between
the CM at Risk and the City.
f. For purposes of Part D, the both the CM at Risk and each contractor working for
the CM at Risk on the Project shall be considered “Contractors.” For example,
the CM at Risk shall be required to comply with Section 5 of Part D when
terminating or replacing an SBE contractor on the Project, and a contractor on the
Project shall be required to comply with Section 5 of Part D when replacing an
SBE subcontractor on the Project. The CM at Risk shall be responsible to the
City for any failure to comply with Section 5 either on its own part or on the part of
on its contractors. For purposes of triggering the City’s remedies against the CM
at Risk, a violation of the SBO Program may be either a violation by the CM at
Risk or a violation by a contractor working under the CM at Risk, but need not be
both.
g. In administering and enforcing Parts B, C and D of the SBO Program as to
contractors working on the Project, the CM at Risk shall take the place of the City
or the KBU or KBE in all applicable definitions and provisions. For example, the
term “City Solicitation Documents” shall mean the documents issues by the CM at
Risk to solicit Bids or Proposals on the Project. Likewise, the CM at Risk shall
conduct the outreach to SBEs that the City would otherwise be required to
conduct under Part B of the SBO Program. Notwithstanding the forgoing:
(1) The term “SBE” shall refer only to SBEs certified by the City, and the
City shall maintain the SBE database and make all decisions regarding
SBE certification and continued eligibility;
SBO Program Part G Developer Agreements (3/23/2007) 7
(2) The SBO Program Manager shall retain sole discretion to determine
whether a particular organization constitutes an SBE Assistance
Organization for purposes of Parts B and C;
(3) The term “non-City contracts” in Parts B and C, Section 5.3.19 shall
continue to mean contracts not with the City, as opposed to contracts not
with the CM at Risk;
(4) The CM at Risk’s Program Manager shall not establish additional criteria
for Good Faith Efforts compliance under Section 5.5 of Part B without
the City SBO Program Manager’s prior written consent; and
(5) The CM at Risk shall not grant waivers of non-compliance with the SBO
Program without the City’s SBO Program Manager’s prior written
consent.
h. The CM at Risk shall notify the City of each situation where the CM at Risk learns
of a potential SBO Program violation on the Project. The City shall have final
authority in determining whether a particular situation constitutes a violation of the
SBO Program.
g. Notwithstanding anything contained herein to the contrary, the CM at Risk shall
be subject to the remedies set forth in Part D of the SBO Program not only for a
failure by the CM at Risk to comply with the SBO Program, but also for a failure to
comply by a contractor working on the Project. A violation of the SBO Program
by a contractor on the Project shall constitute a violation of the SBO Program by
the CM at Risk. For example, if a contractor on the Project uses an SBE as a
Conduit, the City may (as one of several possible remedies) require the CM at
Risk to pay liquidated damages equal to the lesser of: (a) $20,000 or (b) the dollar
amount the contractor indicated that it would pay such SBE in the SBEs contract
(or if no contract has been signed, the SBE’s Letter of Intent). It shall then be up
to the CM at Risk to recover such liquidated damages from its contractor.
Likewise, if a contractor on the Project wrongfully refuses to use an SBE that it
counted toward meeting the Committed SBE Goal in violation of Section 5.2 of
Part D, the City may refuse to make payment under the CM At Risk Contract until
the matter has been resolved to the City’s satisfaction (or may assess liquidated
damages against the CM at Risk or exercise any of the other remedies permitted
in Part D).
h. In addition to and without limiting the CM at Risk’s liability under the preceding
paragraph, it shall be a violation of the SBO Program and a material breach of the
CM at Risk Contract if the CM at Risk fails to comply with one of the CM at Risk’s
SBO Program Part G Developer Agreements (3/23/2007) 8
obligations under this Part G. For example (and without limitation), it shall be a
violation of the SBO Program and a material breach of the CM At Risk Contract if
the CM at Risk: (a) fails to include the SBO Provisions approved by the City in its
solicitation documents for a contractor or subcontractor on the Project; (b) fails to
inform the City of an SBO Program violation by a contractor on the Project; or (c)
fails to provide to the City the reports required by this Part G.
3.2.3. Throughout the duration of the project, the CM at Risk shall submit monthly reports
detailing the actual dollars spent with SBE firms on the project, broken down by industry,
trade and race/gender/ethnic ownership. Such reports shall be in a format approved by
the SBO Program Manager and shall contain such information as may be specified by the
SBO Program Manager from time to time.
3.3. Mandatory Reference to SBO Program in Agreement. Each CM at Risk Contract shall contain
the following provisions (subject to such minor revisions as may be necessary to achieve
consistent terminology with the remainder of the CM at Risk Contract):
Small Business Opportunity Program. The City has adopted a Small Business
Opportunity Program, which is posted on the City’s website and available in hard copy
form upon request to the City. The parties agree that:
a. The terms of the City’s Small Business Program, as revised from time to
time, together with all rules and guidelines established under such program
(collectively, the “SBO Program”) and the SBE Participation Plan are
incorporated into this Agreement by reference; and
b. The CM at Risk shall be subject to and comply with all provisions referenced
in Section 3 of Part G of the SBO Program (which pertains to construction
managers at risk); and
c. A violation of the SBO Program by the CM at Risk or by a contractor working
on the Project shall constitute a material breach of this Agreement, and shall
entitle the City to exercise any of the remedies set forth in Part D of the SBO
Program for breach by a Contractor, including but not limited to liquidated damages; and
SBO Program Part G Developer Agreements (3/23/2007) 9
d. Without limiting any of the other remedies the City has under the SBO
Program, the City shall be entitled to withhold periodic payments and final
payment due to the CM at Risk under this Agreement until the City has
received in a form satisfactory to the City all claim releases and other
documentation required by the City’s SBO Program, and in the event
payments are withheld under this provision, the Company waives any right
to interest that might otherwise be warranted on such withheld amount under
G.S. 143-134.1; and
e. The remedies set forth in Part D of the SBO Program shall be deemed
cumulative and not exclusive and may be exercised successively or
concurrently, in addition to any other available remedy; and.
f. The City will incur costs if the Company or one of the contractors working on
the project contemplated by this Agreement violates the SBO Program, and
such costs are difficult to ascertain due to their indefiniteness and
uncertainty. Accordingly, the Company agrees to pay the City liquidated
damages at the rates set forth in Part D of the SBO Program if the Company
or a contractor working on the project violates the SBO Program.
g. The Company agrees to participate in any dispute resolution process
specified by the City from time to time for the resolution of disputes arising
from the SBO Program, and to require contractors working on the project to
do so as well.
h. Nothing in this Section shall be construed to relieve a Company from any
obligation it may have under N.C. Gen. Stat. 143-134.1 regarding the
payment of subcontractors.
1
City of Charlotte Small Business Opportunity Program
c/o Certification Services 600 East Fourth Street, Suite 138
Charlotte, NC 28202
SBE Certification Application for the City of Charlotte’s Small Business Opportunity Program
Benefits of becoming certified include: - Increased notification of government-related contracting opportunities
- Orientation on how to do business with the City of Charlotte - Member-value incentives to increase networking opportunities to grow and develop your business
- Company information added to citywide vendor list - Business and technical assistance
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Page 2 of 14
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Page 3 of 14
SBE CERTIFICATION APPLICATION
Mail or deliver original (notarized) application to:
City of Charlotte Small Business Opportunity Program
c/o Certification Services 600 East Fourth Street
Lobby Floor Suite 138
Charlotte, NC 28202
To speak with a Certification Specialist, please call: 704.336.2473
1. PLEASE READ THIS APPLICATION AND CERTIFICATION CRITERIA
COMPLETELY BEFORE SUBMITTING
2. YOU MUST SUBMIT ALL REQUIRED DOCUMENTS - SEE CHECKLIST
3. NO FAXED APPLICATIONS ACCEPTED
4. APPLICATION MUST BE NOTARIZED
5. ALL INCOMPLETE APPLICATIONS WILL BE RETURNED
6. PLEASE ALLOW 15 DAYS FOR PROCESSING
*This application can also be used for MWBE certification. The City of Charlotte SBO makes no representations as to the qualifications of any Business Enterprise.
Page 4 of 14
CHECKLIST
Complete This Checklist To Ensure All Required Documents Are Included Thank you for your interest in becoming a certified SBE and/or MWBE with the City of Charlotte. Please review the checklist below and use it as a guide to complete your application and organize the appropriate submission documents. Please make sure to include all supplemental documentation (as applicable) with your application. Failure to submit a complete and accurate application could result in your application being returned to you with no action taken. Please mail or deliver a complete application with required documents to the address on the front of this packet. Faxed applications will not be accepted. SBE & MWBE APPLICANTS MUST SUBMIT:
Work experience resume(s) that include places of ownership/employment and corresponding dates. List of equipment (leased or owned) along with signed lease agreements, titles/proof of ownership of equipment needed to operate your business. Signed lease for office/storage space.
Tax returns for the past 3 years (or life of firm if less than 3 years old). If no tax returns have been filed, a current Balance Sheet is acceptable. A new business must provide a current Balance Sheet. All financial documents (tax returns and PNW statements are shredded once firm is approved for certification. Firms that are denied certification will have all original documents returned to sender).
Copies of relevant licenses. Other DBE/MBE/WBE/HUB/SBA 8(a) or SDB certifications or denials and de-certifications letters. Proof of citizenship or permanent residence (birth certificate, passport, voter registration card, green card or military i.d.). Architectural, Engineering, Surveyors, Attorney’s, CPA’s and other restricted professions must include a copy of the professional license for
certification. (For a full list of professions, visit http://www.nccommerce.com/en/BusinessServices/StartYourBusiness/BusinessLicensesPermits/ Personal Net Worth (PNW) Statement: the eligible owner(s) must provide a notarized personal net worth statement (see PNW template attached)
to verify that the owner does not exceed the $750,000 personal net worth limitation. A financial statement from a CPA or Attorney stating that the owner(s) PNW does not exceed $750,000 can also be accepted in place of an actual statement. (SBE Applicants only)
Proof of Ethnicity (passport, green card, birth certificate) (MWBE Applicants only). If any of these documents do not prove ethnicity, you will need to complete the ethnicity affidavit.
SUBMIT ADDITIONAL INFORMATION ACCORDING TO YOUR BUSINESS STRUCTURE SOLE PROPRIETORSHIP:
Business license (or professional license where business license is not required – Mecklenburg County Business License Office 704.336.6315. PARTNERSHIP OR JOINT VENTURE:
Copy of Partnership or Joint Venture Agreement. Business License (or professional license where business license is not required).
CORPORATION OR LLC:
Official Articles of Incorporation (signed by state official). Both sides of all Corporate Stock Certificates and Stock. Transfer Ledger. Shareholders Agreement. Minutes of all stockholder and Board of Directors meetings. Corporate by-laws and any amendments. Business License (or professional license where business license is not required).
Page 5 of 14
SBE CERTIFICATION CRITERIA For the City of Charlotte’s SBO Program
To qualify for SBE Certification, a firm must meet the City of Charlotte definition of an SBE and complete all sections of the certification application.
1. Geographic Restriction: The business enterprise must have its principle place of business within the Charlotte Metropolitan Statistical Area (MSA)*. We certify in the Charlotte MSA and the following Counties:
Mecklenburg Cabarrus Anson York Union Gaston Lincoln Rowan
2. Ownership Requirements: At least fifty-one percent (51%) of the interest in the Business Enterprise must be owned by one or more
Eligible Owner(s). A person shall be deemed an “Eligible Owner” of all or a portion of a Business Enterprise if such person: a. Owns in his or her own name the legal and equitable interest in the Business Enterprise; b. Acquired the interest in a real and substantial arms-length transaction utilizing real and substantial consideration; c. The Personal Net Worth of the eligible owner(s), should not exceed $750,000, excluding: (i) up to $500,000 of their combined
equity in their primary residence; and (ii) the combined interest in the applicant(s) Business Enterprise (value of the business), and (iii) owner(s) and spouse's total retirement investments as defined by the US Tax Code and IRS (If married a joint PNW statement needs to be submitted); and
d. Is not currently an official, officer or employee of the City
3. Management and control: The daily business operations of the Business Enterprise shall be managed and controlled by one or more Eligible Owners being defined as (the “Managing Eligible Owners”). The Managing Eligible Owner(s) shall be deemed to manage and control the daily business operations only if:
a. Their management and control is specifically demonstrated to be real, substantial and continuing and goes beyond the pro-forma
ownership of the Business Enterprise as reflected in its ownership documents; b. They possess the power to and actually direct the management and policies of the Business Enterprise; c. They make both routine and major decisions on matters of management, policy and operations; and d. They are not subject to formal or informal restrictions that are inconsistent with the customary discretion of majority owners.
In addition, one or more Managing Eligible Owners must:
a. Hold the professional license or contractor license necessary for operation of each type of business for which the Business
Enterprise seeks certification; b. Have substantial experience in the trade or industry which would be necessary to make routine and major decisions for the
Business Enterprise; and c. Regularly hold themselves out to the public and sign important documents and financial instruments in a manner that is indicative of
primary management and control of daily business operations and responsibility for routine and major decisions.
4. Citizenship Requirements: Owner(s) must be U.S. citizen(s) or Permanent Resident
5. Actively in business for three (3) months: The Business Enterprise may not be certified as an SBE until three (3) months after satisfaction of all of the following requirements:
a. Formation of the Business Enterprise; b. Commencement of sustained business activity in the trade or profession described on the certification application; and c. Commencement of ownership, management and control of daily business operations by the identified Eligible Owner(s).
6. Perform a commercially useful function: The Business Enterprise must be a for-profit business that performs a commercially useful
function. A Business Enterprise does not perform a commercially useful function if it merely acts as a conduit by passing the scope of work for which it is scheduled to perform or supply on the contract to a non-SBE firm.
7. Personal Net Worth Statement: The applicant business must provide sufficient documentation to verify that the Eligible Owner meets
personal net worth criteria. Notarized personal net worth statements (provided by the SBO Office) or statements from CPA or attorney that you “do not” exceed the $750,000 Personal Net Worth limitation (SBE Applicants Only).
The Charlotte, Gastonia, Concord, NC-SC MSA as of December 2005 as defined by the office of Management and Budget
Page 6 of 14
8. Threshold size: The annual sales volume of the Business Enterprise and the number of employees of the Business Enterprise cannot exceed the size standards set forth in the table below:
For details on SBA size standards, please visit the SBA website at http://www.sba.gov/size/sizetable2002.html. For purposes of the above standards, the “annual receipts” and number of employees of an applicant shall be determined in accordance with the definitions and methodology established by the Small Business Administration at 13 C.F. R. 121.201 et. seq., as amended, or successor regulation or classification system (the “SBA Size Regulations”). The size limitation for any firm not included in the categories listed above shall be one fourth of the applicable size standard established by the SBA Size Regulations.
Industry NAICS Section
Average Annual Gross Receipts over
the last 3-yr
No. of Employees
General Construction 23 $7,750,000.00 N/A Specialty Construction Trades 238 $3,250,000.00 N/A Manufacturing 31-33 N/A 125 or less Wholesale Trade 42 N/A 125 or less Retail Trade 44-45 $2,350,000.00 N/A Transportation 48-49 $3,400,000.00 N/A Information 51 $3,200,000.00 N/A Finance, Insurance 52 $1,625,000.00 N/A Real Estate 53 $2,350,000.00 N/A Professional and Technical Services 54 $2,200,000.00 N/A Administrative and Support Services 56 $2,300,000.00 N/A Food Service 72 $1,850,000.00 N/A Other 81 $1,800,000.00 N/A
Page 7 of 14
MWBE CERTIFICATION CRITERIA
To qualify for MWBE Certification, a firm must meet the definition of an MWBE as follows and complete all sections of the certification application:
1. Geographic Restriction: There is no geographic restriction for MWBE certification. 2. MWBE Classifications:
African American Native American Non-Minority Woman Asian American Hispanic American
3. Ownership Requirements: The necessary ownership criteria is established at a minimum of fifty-one percent (51%) of all
corporate assets and liabilities vested in the minority or woman owner(s).
a. Their management and control is specifically demonstrated to be real, substantial and continuing and goes beyond the pro-forma ownership of the business enterprise as reflected in its ownership documents;
b. They possess the power to and actually direct the management and policies of the Business Enterprise.
4. Management and control: The daily business operations of the Business Enterprise shall be managed and controlled by the minority or woman owner. All licenses must be in the minority and/or woman owner’s name.
a. They make both routine and major decisions on matters of management, policy and operations; b. They are not subject to formal or informal restrictions that are inconsistent with the customary discretion of majority
owners; and, c. Regularly hold themselves out to the public and sign important documents and financial instruments in a manner that is
indicative of primary management and control of daily business operations and responsibility for routine and major decisions.
5. Waiting period for transfer in ownership: The Business Enterprise may not be certified as an MWBE until one year after the
date of transfer from majority ownership. 6. Citizenship Requirements: Owner(s) must be U.S. citizen(s) or Permanent Residents
For resources and information on starting a business and obtaining business licenses: www.businesslicense.com
Page 8 of 14
SMALL BUSINESS OPPORTUNITY PROGRAM APPLICATION Please print or type all responses. Do not leave any items blank. Write “None” or “Not Applicable” as necessary. Attach additional pages as necessary and identify the item being completed on the attachment. The City of Charlotte reserves the right to request additional information, if warranted, to verify eligibility. Make a copy of this signed application and keep for your records.
Application Date:
Certification Application for: Small Business Enterprise (SBE) Minority OR Women Business Enterprise (MWBE)
SECTION I: GENERAL INFORMATION
Vendor #: (SBO use only)
Authorized Name of Business Enterprise:
“Doing Business As” name, if any:
Street Address (No P.O. Box):
City, State, Zip + 4: County:
Mailing Address, if different:
Business Telephone: Business Fax:
Website: Email:
Name of Owner/President/CEO: Email: Name of Contact, if different: Email: SECTION II: BUSINESS PROFILE Legal form of business enterprise: Sole proprietorship Partnership Corporation Joint Venture
Limited Liability Company
Date Established: Date Incorporated:
N.C. Business License # OR Charlotte Mecklenburg Privilege License #: Other License(s) & Number:
List any business or trade name(s) previously used by this Business Enterprise:
1. 2.
Check appropriate status1 (Use these codes throughout app)
B – African American C – Caucasian American N – Native American A – Asian American H – Hispanic American
Check appropriate gender M – Male F – Female
1 This information is collected for statistical purposes for SBEs but is required for MBE/WBE certification.
Page 9 of 14
SECTION II: BUSINESS PROFILE cont
Are all owners U.S. Citizens? Yes No Or Permanent Residents? Yes No
Is the business located in a residence? Yes No
If yes, please provide name of home owner(s): If the business is located in a non-owner’s residence, is there a rental/lease agreement? If yes, please submit a copy of the signed lease for office or storage space.
Yes No
State name of renter or lessee Does any other Business Enterprise(s) share the same residential space, office space or warehouse space? If yes, please provide the following:
Yes No
Name of other Business Enterprise(s):
Owner(s) of other Business Enterprise(s):
Type of business for other business:
Does this business have any other certifications: Yes No If yes, please check below: SBA 8 (a) (SDBs) MBDA DBE HUB Other
SECTION III: BUSINESS OWNERSHIP List all individuals or holding companies with any ownership interest and provide the following information for each:
Name & Address
%
Of O
wner
ship
Ethn
icity
Code
s (B
, C, N
, A, H
)
Gend
er
Corporation, Partnerships, or
Joint Venture
Current Employer (Name & Address)
# of Shares
Class
1.
2.
3.
4.
5.
6.
Does the applicant business have any other interest in other businesses? If yes, please provide the name of business(es) and ownership (%):
Yes No
Page 10 of 14
SECTION III: OWNERSHIP cont Initial investment of acquired ownership – List all contributions/investments of cash, equipment, real estate, expertise, or other consideration provided by each owner to acquire ownership. Owner Name Owner Name Owner Name Cash $ Cash $ Cash $ Real Estate $ Real Estate $ Real Estate $ Equipment $ Equipment $ Equipment $ Other $ Other $ Other $ TOTAL $ TOTAL $ TOTAL $ List Total Shares AUTHORIZED: Amount $ Class Amount $ Class List Total Shares ISSUED: Amount $ Class Identify Company Officers and Board of Directors (Use Ethnicity Codes: B- African American, C- Caucasian American, N- Native American, A- Asian American, H- Hispanic American) Name Title Ethnicity2 Gender3 Company Officers
Board of Directors
Has the ownership of the stock changed in the last year? If YES, please explain. Yes No SECTION IV: WORK SPECIALTY List primary product or service: List additional goods and/or service the applicant business can provide (Please print clearly): List Additional Services Below NIGP Code* List Additional Services Below NIGP Code*
*The City’s list of NIGP Codes is available at http://smallbiz.charmeck.org. 2Required only for MWBE certification 3Required only for MWBE certification
Page 11 of 14
SECTION IV: WORK SPECIALTY cont. List the area in which the applicant business can provide materials or service(s):
Construction A&E (Architecture, Engineering, Surveying) Commodities (goods and supplies) Professional Services (Legal, Acct.) General Services (Marketing, Staffing)
SECTION V: PERSONNEL AND MANAGEMENT Current number of employees: Full-time Part-time List management personnel who are primarily responsible for the following activities (Use Ethnicity Codes: B- African American, C- Caucasian American, N- Native American, A- Asian American, H- Hispanic American): Name Title Ethnicity4 Gender5 Financial Decisions
Estimating and bidding
Hiring and firing of management personnel
Hiring and firing of personnel
Marketing and Sales
Supervision of Operations
Signing of Payroll
Negotiating Bonds/Loans
Office Management
Negotiating Contracts
Signing Contracts
4Required only for MWBE certification 5Required only for MWBE certification
Page 12 of 14
TAX IDENTIFICATION NUMBER Federal Employer ID # OR TIN (Tax ID #): OR
Applicant’s Social Security #:
The City and County are required by law to obtain the following from all individuals and businesses that receive payment from the City or County: (a) a federal employer identification number for all corporations; (b) a partnership identification number for all partnerships, and (c) a social security number for all individuals and sole proprietorships. Failure to provide this information may result in federal tax backup withholding or withholding of payment by the City or County. If you are a subcontractor on a City / County contract and will not receive any payment directly from the City or County, then you must still provide the information above, but you may obtain and submit a federal employer identification number in lieu of your social security number, even if you are doing business as an individual or sole proprietorship. Failure to provide this information may disqualify you from participating in City or County contracts. For individuals and businesses that receive payment from the City or County, the information requested above will be reported to the Internal Revenue Service for federal tax withholding purposes. For all individuals and businesses completing this form, the information requested herein will be used for internal data tracking purposes, such as accounts payable and procurement analyses and determining whether there is disparity in City / County contracting based on race or gender.
Page 13 of 14
CONTINUE TO NEXT PAGE SECTION VI: FINANCIAL INFORMATION Please list the firm’s gross receipts for each of the last three (3) years. If the firm has not been in business for three years, provide gross receipts for each year in business:
$ $ $ Year Receipts Year Receipts Year Receipts
Does the applicant normally provide a payment or performance bond for its contracts? Yes No Please provide the following information for two (2) professional references: A. Firm/Agency Name Telephone Number
Address Date of Contract B. Firm/Agency Name Telephone Number
Address Date of Contract How did your business learn about our program?
From another business entity Website Other Advertising, Marketing or Publication I certify under penalty of perjury that my personal net worth does not exceed $750,000 and that my business resides in County. The City of Charlotte is authorized to verify the accuracy of this statement to determine whether I meet the size standards of its Small Business Opportunity Program.
Signature Date
Page 14 of 14
AFFIDAVIT OF CERTIFICATION A material or false statement or omission made in connection with this application is sufficient cause for denial of certification, revocation of a prior approval, initiation of suspension or debarment proceedings, and may subject the person and/or entity making the false statement to any and all civil and criminal penalties available pursuant to applicable federal and state law. I (full name), swear or affirm under penalty of law that I am (title) of applicant firm (firm name) and that I have read and understood all of the questions in this application and that all of the foregoing information and statements submitted in this application and its attachments and supporting documents are true and correct to the best of my knowledge, and that all responses to the questions are full and complete, omitting no material information. The responses include all material information necessary to fully and accurately identify and explain the operations, capabilities, and pertinent history of the named firm as well as the ownership, control, and affiliations thereof. I recognize that the information submitted in the application is for the purpose of inducing certification approval by a government agency. I understand that a government agency may, by means it deems appropriate, determine the accuracy and truth of the statements in the application, and I authorize such agency to contact any entity named in the application, and the named firm’s bonding companies, banking institutions, credit agencies, contractors, clients, and other certifying agencies for the purpose of verifying the information supplied and determining the named firm’s eligibility. I agree to submit to government audit, examination and review of books records, documents and files, in whatever form they exist, of the names firm and is affiliates, inspection of its place(s) of business and equipment, and to permit interviews of principals, agents, and employees. I understand that refusal to permit such inquiries shall be grounds for denial of certification. If awarded a contract or subcontract, I agree to promptly and directly provide the prime contractor, if any, and the City of Charlotte on an ongoing basis, current, complete, and accurate information regarding (1) work performed on the project; (2) proposed changes, if any, to the foregoing arrangements. I agree to provide written notice to the City of Charlotte of any material change in the information contained in the original application within 30 days of such change (e.g., ownership, address, telephone number, etc.). I acknowledge and agree that any misrepresentations in this application or in records pertaining to a contract or subcontract will be grounds for terminating any contract or subcontract which may be awarded; denial or revocation of certification; suspension and debarment; and for initiating action under federal and/or state law concerning false statement, fraud or other applicable offenses. I declare under penalty of perjury that the foregoing is true and correct. I declare under penalty of perjury that the information provided in this application and supporting documents relating to my certification status and me is true and correct. Print Name Signature Date Print Name Signature Date Print Name Signature Date Print Name Signature Date
NOTARY CERTIFICATE
STATE OF
COUNTY OF
Subscribed and sworn to before me this day of , 20 .
Signature of Notary Public Print/typed name of Notary Public
County of residence Date commission expires
*THIS PAGE MUST BE NOTARIZED.
City of Charlotte Small Business Opportunity Program Personal Net Worth Statement
ASSETS
LIABILITIES
Real Estate Mortgages 1.Residential Home Estimated Market Value
$ 1.Residential Home Principal Balance
$
2. Other Real Estate Estimated Market Value
$ 2. Other Real Estate Principal Balances
$
Personal Property Loans And Other Debts3. Automobiles Blue Book Value Of All Cars
$ 3. Automobile Loans $
4. Other Vehicles (Motor Homes, Boats, Motorcycles, etc.)
$ 4. Accounts Payable $
5. Jewelry Estimated Value
$ 5. Installment Accounts (Accounts with a set regular payment)
$
6. Household Items (Furniture, Computers, Electronics, etc.)
$ 6. Unpaid Taxes $
7. Other Assets $ 7. Other Liabilities $ Investments 8. Retirement Accounts (401K, IRAs, Keogh, etc.)
$
9. Stocks, Bonds and Mutual Funds (Estimated Current Value)
$
10. Ownership in Applicant Business (Estimated Current Value)
$
11. Ownership in Other Businesses (Estimated Current Value)
$
Cash 12. Cash on Hand Checking and Saving Accounts
$
13. Other
$
PROGRAM EXCLUSIONS 8. Ownership in Applicant Business $ 9. Retirement Accounts $ 10. Eligible Equity in Residential Home $ Total Assets (Add lines 1-13) $ Total Liabilities (Add lines 1-10) $ TOTAL NET WORTH
(Total Assets minus Total Liabilities) $
Applicant Name: Residence Address: City, State, Zip Code: Business Name: Home Phone: Email:
- 1 - Personal Net Worth- Rev.8/2008
- 2 - Personal Net Worth- Rev.8/2008
SCHEDULE A- Real Estate Owned PROPERTY A PROPERTY B PROPERTY C
Type of Property Address Date Purchased Original Cost Present Market Value Mortgage Holder Mortgage Balance Monthly Payment SCHEDULE B- Other Personal Property and Other Assets (Describe, and if any is pledged as security, state name and address of lien holder, amount of lien and terms of payment). Every person who signs this financial statement certifies and agrees that (1) the information provided is true and complete and gives an accurate description of such person financial condition; except as listed on this statement, (2) title to all listed assets is solely in the name of such person and no other person or entity has interest in such assets, unless otherwise listed in this statement. In the event of any change in such person's financial condition, such person agrees to send written notice to the City of Charlotte- SBOP within 30 business days of the occurrence of any change. Please note that additional supporting documentation can be required. I certify under penalty of perjury than my personal net worth does not exceed $750,000 and that my business headquarters resides in _____________________ County. The City of Charlotte is authorized to verify the accuracy of this statement to determine whether I meet the size standards of its Small Business Opportunity Program. Print Name _______________________________ Signature _____________________ Today's Date_____________ Print Name _______________________________ Signature _____________________ Today's Date_____________ NOTARY CERTIFICATE State of _________________________________ County of ________________________________ Subscribed and sworn to before me this ________ day of _______________________, 20_____. Signature of Notary Public ________________________________ Print Name of Notary Public _______________________________ County of Residence ____________________ Date Commission Expires __________________.
NOTARY SEAL
This page must be notarized
Small Business Opportunity Program | SBE/MWBE Recertification Application | http://smallbiz.charmeck.org Updated May 2008 Page 1 of 2
SMALL BUSINESS OPPORTUNITY PROGRAM CITY OF CHARLOTTE ECONOMIC DEVELOPMENT OFFICE
600 East Fourth Street, Suite 138, Charlotte, NC 28202 ♦ PH 704.432.1395 ♦ FAX 704.336.7944
SMALL BUSINESS ENTERPRISE (SBE) MINORITY OR WOMAN OWNED ENTERPRISE (MWBE)
RECERTIFICATION APPLICATION Directions: Please fill out this form in its entirety – all sections are required, unless otherwise noted. Please make certain to submit all required documents. Faxed applications will not be accepted.
YOU MUST MAIL THIS APPLICATION AND ALL SUPPORTING DOCUMENTATION TO: SMALL BUSINESS OPPORTUNITY PROGRAM
600 EAST FOURTH STREET, SUITE 138 CHARLOTTE, NC 28202
RECERTIFICATION ELIGIBILITY REQUIREMENTS
SBE Requirements: □ Firm is headquartered in Mecklenburg, Anson, Cabarrus, Gaston, Lincoln, Rowan, Union, or York County. □ 51% of the Firm or greater is not owned by another firm. □ Firm’s eligible1 owners each have a personal net worth less than $750,000. □ Firm’s 3 year average gross receipts are less than ¼ SBA Industry Revenue Standards2. □ Firm’s SBE Certification has not lapsed greater than 12 months.
MWBE Requirements: □ 51% of the Firm is owned by a minority or a woman. □ Firm’s MWBE Certification has not lapsed greater than 12 months.
REQUIRED DOCUMENTS Please submit copies of the following: □ Past 3 years of your firm’s Federal Tax Returns including Schedule C / Schedule K-1. □ Current Business License or State Professional License. □ SBE applicants must submit a Personal Net Worth Form3 or a notarized letter form your CPA / Bank attesting your personal net worth is less
than $750,000. A personal net worth document is required for each eligible1 owner.
CERTIFICATION SOUGHT SBE MWBE
BUSINESS CONTACT INFORMATION
VENDOR #:
NAME OF BUSINESS (OR DBA NAME):
LEGAL NAME OF BUSINESS (IF DIFFERENT): STREET ADDRESS:
CITY: STATE: ZIP: COUNTY:
CONTINUE TO NEXT PAGE
Small Business Opportunity Program | SBE/MWBE Recertification Application | http://smallbiz.charmeck.org Updated May 2008 Page 2 of 2
MAILING ADDRESS:
CITY: STATE: ZIP: COUNTY: PHONE: FAX: WEB ADDRESS:
MAJORITY OWNER / PRIMARY CONTACT INFORMATION
□ Mr. □ Ms. NAME: POSITION:
PHONE: FAX: EMAIL:
SECONDARY CONTACT INFORMATION (IF APPLICABLE)
□ Mr. □ Ms. NAME: POSITION:
PHONE: FAX: EMAIL:
QUESTIONNAIRE
During the past 3 years, have changes occurred in:
Legal structure of the firm (Proprietorship, Partnership, Corporation, LLC, etc.) ? YES NO
Ownership (including changes in any shares) ? YES NO
Corporation’s Officers, Directors, or By-Laws ? YES NO Business agreements (Partnership Agreements, Shareholder Agreements, LLC Operating
Agreements, etc.) ? YES NO
Duties of owners or other key employees ? YES NO
If you answered YES to any of the above, please submit supporting documentation.
SIGNATURE OF MAJORITY OWNER The undersigned swears under penalty of perjury that the application responses and accompanying documents are true, complete and correct to the best of his/her knowledge. PRINTED NAME __________________________________________________ SIGNATURE __________________________________________________ DATE ____/____/_______ (MM/DD/YYYY)
(1) Eligible Owner(s) are defined as person(s) who hold 51% of the firm or greater. (2) SBA Industry Revenue Standards are defined by the US Small Business Administration (SBA) for all industries. The City of Charlotte utilizes a methodology where by gross
receipts are averaged over a period of 3 years. This average must be less than ¼ the SBA Industry Revenue Standard listed. (3) Personal Net Worth Form is available on our website http://smallbiz.charmeck.org
I. SPECIFICATION SECTIONS:
A. Applicable in total to the work of this Bid Package:
Division 00 - Procurement and Contracting Requirements (entire Section)
Division 01 - General Requirements (entire Section)
Section 051200 - Structural Steel Framing
Section 055213 - Pipe and Tube Railings
Section 057300 - Decorative Metal Railings
B. Applicable only as required by the work of this Bid Package:
Section 061000 - Rough Carpentry
Section 064023 - Interior Architectural Woodwork
Section 099100 - Painting (Professional Line Products)
II.
General Considerations
GC1.0
GC2.0
GC3.0
GC4.0
GC5.0
GC6.0
It is the responsibility of this Subcontractor to provide temporary protection
and heat as necessary to continue work when environmental conditions do
not meet requirements of the project specifications. Provide written
guidelines to define how temporary protection will be maintained.
Include all holes, clips, etc., for connection by other trades to steel
fabrications (e.g. wood blocking).
This Bid Package to include all demolition and modification of existing steel
railings.
Include touch-up painting of all primed steel.
Furnish verification of welder’s certifications.
Unless otherwise indicated in this document all furnishing, hoisting and
erection for this scope of work is part of this Bid Package.
Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
SPECIFIC SUMMARY OF WORK
Bid Package No. 05B - Miscellaneous Steel and Railings
WORK DESCRIPTION: Furnish all labor, materials, supervision, equipment,
insurance, overhead and profit, necessary or incidental, as required to complete the
scope of work identified in the construction drawings and applicable specification
sections referenced above. Performance of the work must include, but is not
necessarily limited to the following:
April 17, 2009
DIVISION OF WORK: Bid Package No. 05B - Trade Subcontractor is exclusively responsible for
work described in the following:
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Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
SPECIFIC SUMMARY OF WORK
Bid Package No. 05B - Miscellaneous Steel and Railings
April 17, 2009
GC7.0
A. Steel Structures - Not Used
B. Miscellaneous Steel and Railings
B1.0
B2.0
B3.0
B4.0
B5.0
B6.0
B7.0
B8.0
B9.0
B10.0
B11.0 This bid package is responsible for viewing the existing handrails prior to
the bid.
Provide and install all miscellaneous angle supports for overhead doors,
folding partition tracks, curtain track supports.
This Bid Package is responsible for providing all loose lintels.
Provide and install all miscellaneous vanity and counter supports as
indicated in the drawings and specifications.
Provide custom TV mounting brackets as shown on drawings (if applicable)
and specifications, if not specified in another division of the specifications.
Provide and install all miscellaneous steel supports for Owner-furnished,
Owner-installed equipment including, but not limited to all unistrut, floor
leveling plates, etc.
This Bid Package is responsible for providing and installing all clip angles
and shelf angles.
The project goal for the Discovery Place Renovation Project is seven
percent (7%). In accordance with the City of Charlotte’s Small Business
Opportunity Program, the established goal for this Bid Package is thirty
percent (30%). Please refer to the SBO program policy included herein. For
further questions, please contact the SBO Program Manager for the
Discovery Place Renovation Project - Lil Associates II, Inc., Jasmine Hines,
704-372-3331 or [email protected].
This Bid Package includes welding masonry ties to structure as indicated
on drawings and specifications.
This Bid Package is responsible for all steel bench supports
This Bid Package is responsible for allsteel and stainless steel hand rails.
This includes but not limited to cable lines and mesh infill. This Bid
Package also to include metal mesh screen as shown on drawings.
This Bid Package is responsible for providing and installing all lintels at
existing masonry walls.
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Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
SPECIFIC SUMMARY OF WORK
Bid Package No. 05B - Miscellaneous Steel and Railings
April 17, 2009
C. Miscellaneous Architectural Steel
C1.0
C2.0
D. Ornamental Handrails & Railings
D1.0
D2.0
D3.0
D4.0
Furnish and install all exterior stainless steel handrails as shown on the
drawings and specifications.
Include providing and installing all stainless steel rails, angle and
framework shown in specifications and plans.
Provide and install all steel and stainless steel wall and floor mounted
railings, as indicated in the drawings and specifications. This includes
modification of existing hand rails and gaurdrails.
Provide and install all steel and stainless steel pipe railings, as indicated in
the drawings and specifications.
Included are all necessary items to complete installation including but not
limited to concrete, and/or core drilling, misc anchoring systems, temporary
protection and temporary bracing.
ALL ALTERNATES, UNIT PRICES AND EQUIPMENT RATES MUST INCLUDE
SUBCONTRACTOR’S OVERHEAD, PROFIT AND BOND COSTS.
Provide and install all metal mesh screens and screen frame work.
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Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
SPECIFIC SUMMARY OF WORK
Bid Package No. 05B - Miscellaneous Steel and Railings
April 17, 2009
1.
1.1
1.2
1.3
1.4
1.5
2.
2.1
2.2
2.3
3.
3.1
3.2
Architectural Metals
Metal mesh screen
lsStaging & Logistics
Stainless Steel framework
Metal Fabrications
Lintels
1
Layout
Misc. Staging & Logistics Items
Mobilizations(s)
Each Bid Package is required to provide a price breakdown of their lump sum bid, at bid time. The
price breakdown is for information and evaluation purposes only. The BID AMOUNT quoted shall
be the full compensation for each Bid Package as defined by the Scope of Work. Bid Amounts
shall be broken down as identified below.
Demo existing steel railings
Engineering / Design Services
1 ls
Misc metal fabrications
Bench support
AmountsItem # Item Description Quantity Unit
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Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
SPECIFIC SUMMARY OF WORK
Bid Package No. 05B - Miscellaneous Steel and Railings
April 17, 2009
4.
4.1
4.2
4.3
Modify existing rails with cables and mesh infill
New railings with cables and mesh infill
Metal Railings 1 ls
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Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
SPECIFIC SUMMARY OF WORK
Bid Package No. 05B - Miscellaneous Steel and Railings
April 17, 2009
Has a Bid Bond been Included as Indicated by the Contract Documents p Yes
1
4
No
weeks
After Receipt of Approved Shop Drawings / Samples
Provide the Anticipated Lead-Time for:
After Receipt of Approved Shop Drawings / Samples
Provide the Anticipated Lead-Time for:
After Receipt of Approved Shop Drawings / Samples weeks
Subtotal
p
Out of Town Living Expenses for Labor Crews (IF APPLICABLE)
No
Provide the Anticipated Lead-Time for:
Bond Amount as Required by Contract Documents
LEAD TIMES:
LEAD TIMES:
weeks
LEAD TIMES:
T O T A L P R I C E (Lines 1 + 2 + 3 + 4)
MISCELLANEOUS CONSIDERATIONS:
Professional Liability Insurance ($2,000,000.00) will be Provided p Yes p
ENTER COMPANY NAME HERE:
2
3
AmountsBID SUMMARY:
Sales Tax on Materials Incorporated into the Site & Buildings
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SBO PROVISIONS AND FORMS
Revised June 1, 2007
FOR
Discovery Place Renovations
Phase 2 – Miscellaneous Steel and Railings _____________________________________________________________________
Revised June 1, 2007 (E&PM)
1. APPLICATION: The City of Charlotte’s Small Business Opportunity Program (SBO Program) is incorporated into and made a part of this solicitation and the resulting contract (the “Contract”). Copies of the SBO Program may be obtained on-line at http://smallbiz.charmeck.org or from the SBO Office, 600 E. Fourth Street, Charlotte, North Carolina 28202-2850, Phone 704-336-2473. Capitalized terms used in this document are defined in the SBO Program. 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 Rodgers Builders, Inc. The SBO Program requires that you (a) meet the SBE Utilization Goal listed in Section 2 below; or (b) comply with the Good Faith Efforts requirements referenced in Section 3 below. Failure to comply with the SBO Program in the bid/proposal phase will constitute grounds for rejection of your bid. Failure to comply after contract award may result in assessment of damages or termination of your contract.
2. THE SBE UTILIZATION GOAL FOR THIS CONTRACT HAS BEEN SET AT: 30 % Each Bidder must submit the proposed SBE utilization on the Form 3 listing subcontractors and suppliers that will be providing goods or services and projected dollar amount for each SBE. Bidders must also indicate the total dollar value of SBE participation for the contract. In the event the bidder has no SBE participation, the Bidder is still required to indicate this on Form 3 by entering the word or number zero. Blank forms will be deemed to represent zero participation. Bids submitted which do not have the above required SBE information indicated on Form 3 may cause the bid to be considered non-responsive and it may be rejected. Form 3 must be submitted with your bid. Rodgers Builders, Inc. will only give Bidders credit toward the SBE Goal for those SBES that are certified SBEs as of the Bid Opening and that meet Part B Section 3 of the SBO Program. Please note that to count an SBE toward your SBE Utilization Goal; you will need to have that SBE sign a Letter of Intent on Form 4 (or an equivalent form containing the same information). Rodgers Builders, Inc. will request your Letters of Intent if you are a finalist for contract award, and you must submit a separate Form 4 for each SBE identified on the Form 3 within 3 Business Days after Rodgers Builders, Inc. requests it.
3. GOOD FAITH EFFORTS: IF YOU DO NOT MEET THE SBE UTILIZATION GOAL, then you
must meet the Good Faith Efforts requirements set forth in Part B Section 5 of the SBO Program. These are summarized below. Failure to do so will constitute grounds for rejection of your bid.
Documenting Good Faith Efforts. To demonstrate Good Faith Efforts compliance, you must complete and submit Form 5 Good Faith Efforts (GFE) / Statement of GFE Compliance. Form 5 states the minimum required Good Faith Efforts points for this Contract, and lists the number of points attainable for each type of Good Faith Effort. Rodgers Builders, Inc. will request your Good Faith Efforts (GFE) / Statement of GFE Compliance if you are a finalist for contract award, and you must submit Form 5 within 1 Business Days after the Rodgers Builders, Inc. requests it. It is important that you carefully review Part B Section 5 of the SBO Program as soon as possible so as to put yourself in a position to provide the documentation. Please note that the due date for Form 5 has been specifically modified and approved by the Department of Economic Development for the Discovery Place Renovation project in order to facilitate meeting the schedule requirements of the project. 3.1 SBE Contacts:
In order to receive credit for this Good Faith Effort at least 7 Calendar Days prior to Bid Opening, you must contact at least 2 SBE firms (the “Minimum Contacts”) listed in the SBE Source List provided with Rodgers Builders, Inc.’s bid or proposal packet or that can be found on the Small Business Development Program website located at http://epmcontracts.charmeck.org. Please refer to Part B Section 5.3.2 of the SBO Program regarding how these Minimum Contacts must be made and documented. Minimum Contacts must be recorded on Form 2, which is submitted along with Form 5. Please note that you must make the Minimum Contacts at least 7 Calendar Days before Bid Opening. It is important that you carefully review Part B Section 5.3.2 of the SBO Program as soon as possible so as to put yourself in a position to provide Form 2 and any other documentation as requested by Rodgers Builders, Inc.
Good Faith Negotiation. You must negotiate in good faith with all interested SBE firms. Part B Section 4.4 of the SBO Program defines what negotiating in “good faith” means. Among other things, it means that if an SBE is low bid on a contract for construction or for the procurement of goods, then you must contract with that SBE
Revised June 1, 2007 (E&PM)
unless it is not “Qualified” within the meaning of the SBO Program. To demonstrate Good Faith Negotiation Compliance you must submit good faith documentation as requested by Rodgers Builders, Inc. to support your efforts for each subcontracting opportunity identified by Rodgers Builders, Inc. for which the low bid by an SBE is not accepted. You must provide such forms and information within 1 Business Days after Rodgers Builders, Inc. requests it. Failure to comply with the requirements set forth in this section shall constitute grounds for rejecting a bid.
Self-Performance. Bidders that do not meet the SBE Utilization Goal and desire to self perform all of the Contract must nevertheless demonstrate that they complied with the Good Faith Efforts requirements as provided in Part B Section 5.6 of the SBO Program. Failure to do so shall constitute grounds for rejection of your bid. Bidders that intend to self perform may be required to submit additional documentation to Rodgers Builders, Inc. at least 14 calendar days prior to the Bid Opening to obtain clearance for self performance.
Plans and Specifications. Plans and Specifications may be viewed at Rodgers Builders, Inc., Center City office located at 400 West Trade Street, Charlotte, NC 28202. Other locations:
Richa Graphics 204 N. Tryon St.
Charlotte, NC 28202 704-333-9744
Carolinas AGC (CAGC) 1100 Euclid Ave
Charlotte NC 28203 704-372-1450
Metrolina Contractors Resource Center
3124 W. Trade Street, Suite A, 704-332-5746
Hispanic Contractors Association of Carolinas 2923 E Independence Blvd
Charlotte NC 28205 877-227-1680
4. MANDATORY SUBCONTRACTING REQUIREMENTS
Per Part B Section 2.5 of the SBO Program, City Council has the authority to establish mandatory, subcontracting requirements for certain contracts. The blank checked below indicates whether such requirements have been established for this Contract:
City Council has established a mandatory subcontracting requirement of percent ( %) for this Contract.
City Council has not established a mandatory subcontracting requirement for this Contract. 5. SBO PROGRAM PROVISIONS APPLICABLE AFTER CONTRACT AWARD
If you are awarded a Contract with Rodgers Builders, Inc., note in particular the following Sections of the SBO Program that relate to post award requirements and activity:
a. Compliance with committed SBE utilization level throughout the Contract per Part D Section 2 of the
SBO Program. b. Terminating or Replacing an SBE on a contract per Part D Section 5 of the SBO Program. c. New Subcontractor Opportunities/Additions to Scope, Contract Amendments per Part D Section 6 of the
SBO Program. d. Payments to SBEs per Part D Section 7 of the SBO Program. e. Utilization Reports and Documentation of Payments per Part D Section 8 of the SBO Program.
6. SBO CONTRACT PROVISIONS
The following provisions are incorporated into any contract that may result from this solicitation. Small Business Opportunity Program. Rodgers Builders, Inc. has adopted a Small Business Opportunity Program, which is posted on the City’s website and available in hard copy form upon request to Rodgers Builders, Inc.. The parties agree that:
(i) The terms of the City’s Small Business Program, as revised from time to time, together with all rules and
guidelines established under such program (collectively, the “SBO Program”) is incorporated into this Agreement by reference; and
(ii) A violation of the SBO Program shall constitute a material breach of this Agreement, and shall entitle Rodgers Builders, Inc. to exercise any of the remedies set forth in Part D of the SBO Program, including but not limited to liquidated damages; and
Revised June 1, 2007 (E&PM)
(iii) Without limiting any of the other remedies Rodgers Builders, Inc. has under the SBO Program, Rodgers Builders, Inc. shall be entitled to withhold periodic payments and final payment due to the Contractor under this Agreement until Rodgers Builders, Inc. has received in a form satisfactory to Rodgers Builders, Inc. all claim releases and other documentation required by the City’s SBO Program, and 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 G.S. 143-134.1; and
(iv) The remedies set forth in Part D Section 13 of the SBO Program shall be deemed cumulative and not exclusive and may be exercised successively or concurrently, in addition to any other available remedy; and
(v) Rodgers Builders, Inc. will incur costs if the Contractor violates the SBO Program, and such costs are difficult to ascertain due to their indefiniteness and uncertainty. Accordingly, the Contractor agrees to pay Rodgers Builders, Inc. liquidated damages at the rates set forth in Part D of the SBO Program.
(vi) The Contractor agrees to participate in any dispute resolution process specified by Rodgers Builders, Inc. from time to time for the resolution of disputes arising from the SBO Program.
(vii) Nothing in this Section shall be construed to relieve a Contractor from any obligation it may have under N.C. Gen. Stat. 143-134.1 regarding the payment of subcontractors.
Remedies for Violation of SBO Program. A violation of the SBO Program by a Contractor shall constitute a material breach of the Contract, and shall entitle Rodgers Builders, Inc. or private owner to:
(i) Exercise all rights and remedies that it may have at law or at equity for violation of the SBO Program;
Terminate the Contract for default; (ii) Suspend the Contract for default; (iii) Withhold all payments due to the Contractor under the Contract until such violation has been fully cured
or Rodgers Builders, Inc. and the Contractor have reached a mutually agreeable resolution; (iv) Assess liquidated damages as provided in the following Part D Section 13.2; and/or (v) Offset any liquidated damages and/or any amounts necessary to cure any violation of the SBO Program
from any retainage being held by Rodgers Builders, Inc. on the Contract, or from any other amounts due to the Contractor under the Contract.
The remedies set forth herein shall be deemed cumulative and not exclusive, and may be exercised successively or concurrently, in addition to any other available remedy.
Liquidated Damages. Rodgers Builders, Inc. and the Contractor acknowledge and agree that Rodgers Builders, Inc. will incur costs if the Contractor violates the SBO Program in one or more of the ways set forth below. The parties further acknowledge and agree that Rodgers Builders, Inc. will incur damages as a result of such failure, but that the costs Rodgers Builders, Inc. might reasonably be anticipated to accrue as a result of such failures are difficult to ascertain due to their indefiniteness and uncertainty. Accordingly, the Contractor agrees to pay Rodgers Builders, Inc. liquidated at the rates set forth below for each specified violation of the SBO Program. The Contractor further agrees that for each specified violation the agreed upon liquidated damages are reasonably proximate to the loss Rodgers Builders, Inc. will incur as a result of such violation:
(i) Failure to meet the SBE Goal. If Rodgers Builders, Inc. determines upon completion or termination of
a Contract that the Contractor did not meet the Committed SBE Goal and that such failure is not otherwise excused under Part D Section 2, Rodgers Builders, Inc. may assess the lesser of : (a) $30,000 or (b) the dollar difference between the Committed SBE Goal and the Contractor’s actual SBE utilization;
(ii) Using SBE as a Conduit. If the Contractor lists an SBE to receive credit toward a Committed SBE Goal with knowledge that the SBE will be acting as a Conduit or will not be performing a Commercially Useful Function reasonably commensurate with the payment amount for which the Contractor will be seeking credit, Rodgers Builders, Inc. may assess the lesser of: (a) $20,000 or (b) the dollar amount the Contractor indicated that it would pay such SBE in the SBEs contract (or if no contract has been signed, the SBE’s Letter of Intent);
(iii) Wrongful Termination or Replacement of SBE Services. If the Contractor terminates or replaces an SBE in violation of the SBO Program, Rodgers Builders, Inc. may assess the lesser of: (a) $20,000 or (b) the dollar amount of the work remaining to be performed by the terminated SBE at the time it was
Revised June 1, 2007 (E&PM)
terminated (or if the SBE was not terminated because it was never retained, then, the dollar amount that the Contractor indicated it would pay the SBE in the SBE’s letter of intent) or ;
(iv) Failure to Comply with SBO Program Upon Termination or Withdrawal by SBE. If the Contractor fails to comply with Part D Section 5 of the SBO Program upon the termination or withdrawal of an SBE the City may assess the lesser of: (a) $20,000 or (b) the dollar amount of the work remaining to be performed by the SBE that withdrew or was terminated at the time of the termination or withdrawal;
(v) Failure to Comply with SBO Program to Add New Subcontractors. If the Contractor fails to comply with Part D of the SBO Program in adding new subcontractors to a Contract, or in the event of a Contract amendment or increase in the scope of work on a contract, Rodgers Builders, Inc. may assess the lesser of: (a) $20,000; or (b) the dollar amount of the new or additional work;
(vi) False Statements and Misrepresentations. If the Contractor makes a false statement or material misrepresentation regarding any matter relevant to the SBO Program (including but not limited to information provided regarding payments made to SBEs), Rodgers Builders, Inc. may assess the lesser of: (a) $25,000; or (b) the dollar difference between what the Contractor represented and the truth;
(vii) Failure to Respond to Request for Information. If the Contractor fails to provide any report, documentation, affidavit, certification or written submission required under the SBO Program within the time period ser forth therein, Rodgers Builders, Inc. may assess $25 per day for each day that such report, documentation or written submission is overdue.
7. SBO FORMS
Bidders shall submit the following forms with Bid document or at a time specified:
Submission Requirements Form No. Notification of Subcontractor / Purchasing Opportunities. Identifies all the subcontracting or supplier opportunities available on the Contract.
Submission is optional. If submitted, it must be received by Rodgers Builders, Inc. fourteen (14) Calendar Days before the Bid Opening date.
Form 1
SBE Solicitation. Identifies all SBEs the Bidder contacted or those that contacted the Bidder and the scope of work for which they were contacted. Includes date and method of contact for SBE firms. Good Faith Negotiation is documented on this form.
Rodgers Builders, Inc. will request this form from finalists for contract award. Must submit within three (3) Business Days after requested by Rodgers Builders, Inc.
Form 2
Subcontractor / Supplier Utilization Commitment. Identifies all subcontractors, suppliers, manufacturers, brokers and/or members of a joint venture to be utilized on the contract and dollar amounts committed to SBEs. Bidders must include all subcontractors known at the time the Bid or proposal is submitted.
Due with bid.
Form 3
Letter of Intent. Bidders must submit a separate Letter of Intent executed by each SBE listed on Form 3 that the Bidder will use on the Contract.
Rodgers Builders, Inc. will request this form from finalists for contract award. Must submit within three (3) Business Days after requested by Rodgers Builders, Inc.
Form 4 or alternative as permitted by the City
Good Faith Efforts (GFE) / Statement of GFE Compliance. States the minimum GFE points required for this solicitation and the number of points attributable to each GFE item. Bidder must check each GFE item for which it earned points, as described in Part C Section 5.3 of the SBO Program.
Rodgers Builders, Inc. will request this form from finalists for contract award. Must submit within one (1) Business Days after requested by Rodgers Builders, Inc.
Form 5
Revised June 1, 2007 (E&PM)
Payment Affidavit. Contractor shall provide with each pay request to Rodgers Builders, Inc. a payment affidavit showings payments made to all subcontractors, suppliers, manufacturers, brokers, and / or members of a joint venture in connection with the contract.
Due with each pay request. Form 6 or alternative proof as permitted by the City
All SBO Forms are also available on-line at http://epmcontracts.charmeck.org. Forms must be received by fax, e-mail or US Mail.
8. Please find below a list of activities that Rodgers Builders, Inc. has identified as potential Small Business
Enterprise (SBE) subcontracting opportunities. This is a potential listing not all inclusive. Bidder may identify additional or different opportunities.
NIGP Code Description
54075 Railings 57000 Metals: Bars, Plates, Rods, Sheets, Strips, Structural Shapes 91485 Welding
A list of SBE vendors can be accessed at the following Website: http://smallbiz.charmeck.org A SBE vendor source list is also included herein.
MISCELLANEOUS STEEL AND RAILINGS SBE LIST
by NIGP Code 54075 - Railings Architectural Railings & Grilles, Inc. VMS #: S10018 Physical 8041 Arrowridge BV Contact: Marshall Page Dula Address: Charlotte NC 28273 Phone: (704) 365-5152 Fax: (704) 373-2995 Mailing 8041 Arrowridge BV E-Mail: [email protected] Address: Charlotte NC 28273 Website: www.aluminum-rails.com Certification Dates: SBE-Aug 27 2007 - Aug 27 2010
Bullington Construction VMS #: SM13612 Physical 417 Foxglove LN Contact: Cindy Bullington Address: Indian Trail NC 28079 Phone: (704) 753-4401 Fax: (704) 753-5713 Mailing E-Mail: [email protected] Address: Website: Certification Dates: SBE-Jun 10 2005 - Jun 10 2008 , MWBE-Jun 10 2005 - Jun 10 2008
Gastonia Iron Works VMS #: SM9028 Physical 624 Legion RD Contact: Jerry Pace Address: Mount Holly NC 28120 Phone: (704) 827-1146 Fax: (704) 822-0028 Mailing P.O. Box 748 E-Mail: [email protected] Address: Mt. Holly NC 28120 Website: Certification Dates: SBE-Jul 21 2006 - Jul 21 2009 , MWBE-Jul 21 2006 - Jul 21 2009
57000 - METALS: BARS, PLATES, RODS, SHEETS, STRIPS, STRUCTURAL SHAPES, Commercial Fabricators, Inc. VMS #: SM14934 Physical 2045 Industrial DR Contact: Richard Tucker Address: Newton NC 28658 Phone: (828) 465-1010 Fax: (828) 464-6792 Mailing P.O. Box 165 E-Mail: [email protected] Address: Newton NC 28658 Website: www.commfab.com Certification Dates: SBE-Apr 21 2006 - Apr 21 2009 , MWBE-Apr 21 2006 - Apr 21 2009
91485 - Welding Covington Mobile Welding Service, LLC. VMS #: SM14127 Physical 5905 Farm Pond LN Contact: James Covington Address: Charlotte NC 28212 Phone: (704) 890-2806 Fax: (704) 890-2806 Mailing P.O. Box 29710 E-Mail: Address: Charlotte NC 28229 Website: Certification Dates: SBE-Sep 26 2005 - Sep 26 2008 , MWBE-Sep 26 2005 - Sep 26 2008
Dynamites Portable Welding VMS #: SM13529 Physical 10120 Green Hedge AV Contact: Belinda Royal Address: Charlotte NC 28269 Phone: (704) 634-8777 Fax: (704) 948-6312 Mailing E-Mail: [email protected] Address: Website: Certification Dates: SBE-Sep 28 2005 - Sep 28 2008 , MWBE-Sep 28 2005 - Sep 28 2008
Page 1 of 2 Discovery Place Renovations - Phase 2 - Miscellaneous Metals
91485 - Welding Evans Welding Services, Inc. VMS #: SM8142 Physical 1908 Little Rock RD Contact: Sam Evans Address: Charlotte NC 28214 Phone: (704) 395-9400 Fax: (704) 395-9440 Mailing E-Mail: [email protected] Address: Website: Certification Dates: SBE-Jan 8 2008 - Jan 8 2011 , MWBE-Jan 8 2008 - Jan 8 2011
Gastonia Iron Works VMS #: SM9028 Physical 624 Legion RD Contact: Jerry Pace Address: Mount Holly NC 28120 Phone: (704) 827-1146 Fax: (704) 822-0028 Mailing P.O. Box 748 E-Mail: [email protected] Address: Mt. Holly NC 28120 Website: Certification Dates: SBE-Jul 21 2006 - Jul 21 2009 , MWBE-Jul 21 2006 - Jul 21 2009
Leebo's Welding & Fabrication, Inc. VMS #: SM8911 Physical 6399 Tyco Meadows LN Contact: Sandra G. Lee Address: Iron Station NC 28080 Phone: (704) 732-6074 Fax: (704) 736-1495 Mailing E-Mail: [email protected] Address: Website: Certification Dates: MWBE-Jul 27 2006 - Jul 27 2009 , SBE-Jul 27 2006 - Jul 27 2009
Wallace Welding & Construction VMS #: S15015 Physical 2500 Carrington CT Contact: Walter Wallace Address: Charlotte NC 28208 Phone: (704) 394-1419 Fax: (704) 394-1419 Mailing E-Mail: [email protected] Address: Website: Certification Dates: SBE-Apr 6 2006 - Apr 6 2009
96269 - Personnel Services, Temporary Absolute Business Connections, Inc. VMS #: SM16725 Physical 5701 Executive Center DR Contact: Donna Rodgers Address: Charlotte NC 28212 Phone: (704) 537-0010 Fax: (704) 537-0701 Mailing P.O. Box 25767 E-Mail: [email protected] Address: Charlotte NC 28212 Website: www.absolutebusinessconnections.com Certification Dates: SBE-Sep 24 2007 - Sep 24 2010 , MWBE-Sep 24 2007 - Sep 24 2010
C.C. Smith Construction, Inc. VMS #: SM8330 Physical 9111 Washam Potts RD Contact: Zandra Smith Address: Cornelius NC 28031 Phone: (704) 890-1909 Fax: (704) 892-6137 Mailing 1022 Carter AV E-Mail: [email protected] Address: Charlotte NC 28206 Website: Certification Dates: SBE-Apr 7 2006 - Apr 7 2009 , MWBE-Apr 7 2006 - Apr 7 2009
Pro Labor Power VMS #: SM8377 Physical 9009 Albemarle RD Contact: Robert Janda Address: Charlotte NC 28227 Phone: (704) 491-0678 Fax: (815) 717-7413 Mailing 9009 Albemarle RD E-Mail: [email protected] Address: Charlotte NC 28227 Website: Certification Dates: MWBE-Feb 5 2007 - Feb 5 2010 , SBE-Feb 5 2007 - Feb 5 2010
Page 2 of 2 Discovery Place Renovations - Phase 2 - Miscellaneous Metals
Small Business Opportunity Program
Revised June 1, 2007
Notification of Subcontracting / Purchasing Opportunities SBOP Form 1
** Per Part B, Section 5.3.1 of the SBO Program, in order to receive credit as a Good Faith Effort (GFE), a Bidder must provide to Rodgers Builders Inc., no later than 14 Days before Bid Opening this Form 1 or another document providing the same information. (POTENTIAL GFE Points: 15)
Bidder Name:
Project Name: Discovery Place Renovation – Phase 2 – Misc. Steel & Railings Project Number: 512-06-023
Identify the portions of the contract for which there are intended subcontractor, supplier, or service provider opportunities.
NIGP code Description of Service or Goods (as identified in bid)
Submit this form to: Jasmine Hines
E-mail: [email protected]
Fax Number: 704-372-3341
Small Business Opportunity Program
Revised June 1, 2007
SBE Solicitation Form SBOP Form 2 Copy this Form as needed. (page 1 of 2)
** Per Part B, Section 5.3.2.3 of the SBO Program, in order to receive credit for Contacting SBEs, a Bidder must submit an SBE Solicitation Form (Form 2) within one (1) Business Days after requested by Rodgers Builders, Inc. (POTENTIAL GFE Points: 10)
Bidder Name:
Project Name: Discovery Place Renovation – Phase 2 – Misc. Steel & Railings Project Number: 512-06-023
SBE Firm: Contact Person: NIGP Code: Scope of Work: Initial Contact Date: Method: Phone Fax Email Courier Mail In person Follow-up: Date: Method: Phone In person Response: No response Not bidding Is bidding $ ______________ Other (explain) Selected? Yes No SBE Firm: Contact Person: NIGP Code: Scope of Work: Initial Contact: Date: Method: Phone Fax Email Courier Mail In person Follow-up: Date: Method: Phone In person Response: No response Not bidding Is bidding $ ______________ Other (explain) Selected? Yes No SBE Firm: Contact Person: NIGP Code: Scope of Work: Initial Contact: Date: Method: Phone Fax Email Courier Mail In person Follow-up: Date: Method: Phone In person Response: No response Not bidding Is bidding $ ______________ Other (explain) Selected? Yes No SBE Firm: Contact Person: NIGP Code: Scope of Work: Initial Contact: Date: Method: Phone Fax Email Courier Mail In person Follow-up: Date: Method: Phone In person Response: No response Not bidding Is bidding $ ______________ Other (explain) Selected? Yes No SBE Firm: Contact Person: NIGP Code: Scope of Work: Initial Contact: Date: Method: Phone Fax Email Courier Mail In person Follow-up: Date: Method: Phone In person Response: No response Not bidding Is bidding $ ______________ Other (explain) Selected? Yes No
Small Business Opportunity Program
Revised June 1, 2007
SBE Solicitation Form SBOP Form 2 Copy this Form as needed. (page 2 of 2)
Pursuant to Part B, Section 4.4 of the SBO Program (Failure to Negotiate In Good Faith), Rodgers Builders, Inc. may find that a Bidder did not meet its Good Faith Negotiation obligation if in Rodgers Builders’ judgment, the Bidder rejects an Interested SBE’s bid for reasons other than: (a) the SBE’s bid was higher than what was proposed by the subcontractor or supplier the Bidder decided to use or higher than the Bidder’s cost of performing such work on its own; (b) the SBE was not a “Qualified SBE” as defined in Part A; or (c) the Business Enterprise that will be performing in place of the Interested SBE is more qualified than the Interested SBE, to the extent that such difference in qualification would materially impact the Bidder’s Bid, or (d) there was a material deficiency with the Interested SBE’s bid (such as it being submitted late, containing inaccurate information, etc.). The undersigned certifies that the information submitted on this Form 2 is true and accurate as of the date indicated below. The undersign further certifies that contacts by U.S. Postal Service, telephone conversations and in person contacts documented on this Form 2 were made in accordance with the requirements of Part B, Section 5.3.2 of the SBO Program and that this shall satisfy as the affidavit confirming such contacts.
Company
Signature of Authorized Official Title Submittal Date
Sworn to before me this day of __________________________ , 200____
NOTARY PUBLIC
My commission expires on
Small Business Opportunity Program
Revised June 1, 2007
Subcontractor / Supplier Utilization Commitment SBOP Form 3 This form MUST be submitted with your bid. (page 1 of 2)
Bidder Name:
Project Name: Discovery Place Renovation – Phase 2 - Misc. Steel & Railings Project Number: 512-06-023
1. Below is a list of all SBEs that you intend to use on this contract
SBE Name Description of work / materials NIGP code VMS # Total Projected $
I acknowledge that I have inquired with each SBE listed above as to their Certification Status (i.e. - the SBE expiration date)
2. Below is a list of all non-SBEs that you intend to use on this contract
Firm Name Description of work / materials NIGP code VMS #
Total Subcontractor / Supplier Utilization (including SBEs and Non-SBEs) $ Total SBE Utilization $
Total Bid Amount (including Contingency) $ Percent SBE Utilization (Total SBE Utilization divided by Total Bid Amount) %
** If SBE Goal is not met, please provide an explanation here:
Signature of Authorized Official Printed Name Title Submittal Date
Small Business Opportunity Program
Revised June 1, 2007
Subcontractor / Supplier Utilization Commitment SBOP Form 3 This form must be submitted with your bid. (page 2 of 2)
All Subcontractors and Suppliers must be registered with the City of Charlotte. Pursuant to Appendix A, Section 8 of the SBO Policy, each subcontractor or supplier (non-SBE and SBE subcontractors) that you use on this contract must be registered in the City’s vendor registration database. You will need to provide the vendor registration number for each subcontractor and supplier used on this contract as a condition for receiving final payment on this Contract. What happens if you add 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, pursuant to Part D of the SBO Program, you must comply with the following:
• You must maintain the level of SBE participation proposed on this form throughout the duration of the Contract, except as specifically allowed in Part D, Section 2.2.
• If you need to add or replace an SBE, you must comply with Part D, Section 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 Part D, Section 6.
Subcontractor/Supplier Utilization Commitment Pursuant to Part B, Section 3.6, Rodgers Builders Inc. Solicitation Documents for each Construction Contract will include a form labeled “Subcontractor/Supplier Utilization Commitment” (“Form 3”), which captures information regarding the SBEs and other subcontractors and suppliers that the Bidder intends to use on the Contract. Failure to properly complete and submit Form 3 with the Bid constitutes grounds for rejection of the Bid. Pursuant to Part B, Section 3.7, within (3) Business Days after receiving a request from Rodgers Builders, Inc (or within such longer time as may be communicated by Rodgers Builders, Inc. in writing), Bidders must submit a separate Letter of Intent for each SBE listed on Form 3. Bidders may use the Letter of Intent that Rodgers Builders, Inc. provides with Rodgers Builders, Inc.’s Solicitation Documents or may use an alternative form if it contains the same information as Form 4. Regardless of the form, each Letter of Intent must be executed by both the SBE and the Bidder. Rodgers Builders, Inc. shall not count proposed SBE utilization for which it has not received a Letter of Intent within such time period, unless the SBE certifies to Rodgers Builders, Inc. that it originally agreed to participate in the Contract at the level reported by the Bidder, but subsequently declined to do so.
Signature Your signature on the preceding page indicates that the undersigned Company certifies and agrees that (a) it has complied with all provisions of the SBO Program and (b) failure to properly document such compliance in the manner and within the time periods established by the SBO Program shall constitute a forfeiture of the Company’s bid bond, and shall entitle Rodgers Builders, Inc. to recover under the bid bond and, (c) in the absence of a bid bond, such failure shall entitle Rodgers Builders, Inc. to recover damages for breach of contract.
Small Business Opportunity Program
Revised June 1, 2007
Letter of Intent SBOP Form 4
** Per Part B, Section 3.7, Bidders must submit a separate Letter of Intent for each SBE listed on Form 3 within (3) Business Days after receiving a request from Rodgers Builders, Inc. Bidders may use the Form 4 provided with Rodgers Builders, Inc.’s Solicitation Documents or an alternative form containing the same information as Form 4. Each LOI must be executed by both the SBE and the Bidder.
Pursuant to Part D, Section 5.3.1, Bidders shall also be required to provide a Form 4 for each SBE they add to a Contract subsequent to Contract award. Bidder Name:
Project Name: Discovery Place Renovation – Phase 2 - Misc. Steel & Railings Project Number: 512-06-023
Bidders must submit a separate Letter of Intent for each SBE listed on Form 3 and this form must be signed by both the Bidder and SBE firm.
A. To be completed by the Bidder/Service Provider
Name of Bidder:
Address:
Contact Person:
Telephone: Fax:
I, the bidder, acknowledge a QuickPay Commitment or QuickPay Agreement has been extended to this SBE for the work identified below, and that I have submitted, either previously or with this Form, a copy of said Agreement. YES NO
B. To be completed by SBE at any tier Name of SBE:
Address:
Contact Person:
Telephone: Fax:
I, the SBE, certify that my SBE Certification Profile is active and up to date. Certification Expiration Date: / / .
C. Identify in complete details the scope of work to be performed or item(s) to be supplied by the SBE. On unit price bids, identify which bid line item the SBE’s scope of work or supply corresponds:
D. Cost of work to be performed by SBE: $
E. Cost of work to be performed by SBE as a percentage of total amount of City contract: %
Bidder certifies that it intends to utilize the SBE listed above, and that the description, cost and percentage of work to be performed by the SBE as described above is accurate. The SBE Firm certifies that it has agreed to provide such work/supplies for the amount stated above.
Bidder: Date: Signature and Title
SBE Firm: Date: Signature and Title
Small Business Opportunity Program
Revised June 1, 2007
Good Faith Efforts (GFE) and Statement of GFE Compliance SBO Form 5 If NOT meeting the goal, Bidder must submit this form within one business days after Rodgers Builders, Inc. requests it. (Page 1 of 3)
Bidder Name:
Project Name: Discovery Place Renovation – Phase 2 - Misc. Steel & Railings Project Number: 512-06-023
Below is a list of Good Faith Efforts as defined in Part B: Section 5.3. To the left of each item is the number of points assigned to that item for this project. Please place an “X” in the first column for each item you are claiming credit. Failure to achieve the minimum number of Good Faith Efforts points stated in the blank below constitutes grounds for rejection of your bid.
Minimum Number of GFE Points Required: 170
15 Section 5.3.1: Notification of Subcontracting Opportunities. Providing to Rodgers Builders, Inc. not later than fourteen (14) calendar days prior to Bid Opening a list of the areas in which the Bidder intends to seek subcontractors and suppliers. The Bidder may report this information on Form 1 or on another document providing the same information as Form 1.
10
Section 5.3.2: SBE Contacts: To receive credit for this GFE, the Bidder must contact a minimum number of SBEs, as specified in Rodgers Builders, Inc. Solicitation Documents. Further, a Bidder must submit an SBE Solicitation Form (“Form 2”) within 3 Business Days after Rodgers Builders, Inc. requests it, unless a different time is specified in Rodgers Builders, Inc. Solicitation Documents.
A Bidder must make the required contacts not less than 7 Days before Bid Opening to receive credit. Refer to Part B, Section 5.3.2 of the SBO Policy for requirements of the Solicitation Method, Solicitation Content, and Solicitation Documentation.
10
Section 5.3.3: Making Plans Available. Making any project descriptions, construction plans, specifications or requirements applicable to the project available for review by Interested SBEs at least seven (7) calendar days before Bid Opening.
To satisfy this requirement, the Bidder must either: (a) provide SBEs with a hard copy of the Project Documents via an acceptable means of document delivery; OR (b) provide necessary physical access and adequate time for SBEs to fully review the Project documents at the Bidder’s place of business within the Charlotte MSA or, if the Bidder has no place of business within the Charlotte MSA, at an alternate location within the Charlotte MSA where the information can be reviewed at no cost to SBEs; AND (c) notify all SBEs contacted as part of the Bidder’s Section 5.3.2 SBE contacts of the locations (including the address) where plans, specifications, and other documents applicable to the Project, can be reviewed.
15 Section 5.3.4: Breaking Down Work. To receive credit for this GFE, the Bidder MUST: (a) notify SBEs as part of a Bidder’s Section 5.3.2 SBE Contacts that the Bidder is willing to divide or combine elements of work into economically feasible units on a case-by-case basis to facilitate SBE participation, and (b) negotiate in good faith with any SBEs that request such divisions.
10 Section 5.3.5: Attendance at Pre-Bid. To receive credit for this GFE, the Bidder must attend any pre-bid meetings scheduled by Rodgers Builders, Inc. for the Contract in question.
15
Section 5.3.6: Conducting a Pre-Bid for SBEs. To receive credit for this GFE, the Bidder MUST conduct a pre-bid meeting for SBEs at least three (3) Business days prior to Bid Opening. The pre-bid meeting must take place within Mecklenburg County, or, if the Bidder has no place of business within Mecklenburg County, at an alternate location within the Charlotte MSA. Not less than 48 hours before the pre-bid meeting, the Bidder must communicate the time and location of the meeting to the SBEs that the Bidder is required to contact to earn GFE points under Section 5.3.2.
40
Section 5.3.7: Training and Mentoring. A Bidder may receive credit for this GFE in one of two (2) ways: (a) Training: Providing training or mentoring to at least two (2) SBEs within 120 days before Bid Opening and the Bidder
must have the training or mentoring certified by the Program Manager.
(b) SBDP Mentor-Protégé Program. The Bidder may also receive credit for this GFE if the Bidder demonstrates that it is participating in the Small Business Development Mentor-Protégé program and that it is a mentor in good standing. The Program Manager shall have the discretion to deny credit for mentoring and training if the mentor is not in good standing.
Small Business Opportunity Program
Revised June 1, 2007
Good Faith Efforts (GFE) and Statement of GFE Compliance SBO Form 5 (Page 2 of 3)
Bidder Name:
Project Name: Discovery Place Renovation – Phase I - Misc. Steel & Railings Project Number: 512-06-023
10
Section 5.3.8: Working with SBE Assistance Organizations. To receive credit for this GFE, the Bidder must document that they have performed one of the following within the (120) day period preceding the Bid Opening for an SBE Assistance Organization as defined in Appendix 1 of Part A:
(a) Provide location for SBE Assistance Organization Event: Providing a meeting location for the SBE Assistance Organization to host a regular meeting or special event at no cost or at a reduced rate.
(b) Provide training for SBE Assistance Organization members: Providing training or facilitating workshops aimed at increasing the capacity or skill level or the SBE Assistance Organization members, or participating in training or a workshop sponsored by the SBE Assistance Organization.
(c) Contracting with new SBE: Documenting that the SBE Assistance Organization helped to identify an SBE with whom the Bidder subsequently subcontracted work (whether on a City Construction Contract or other contract). Rodgers Builders, Inc. will not give the Bidder credit for this GFE if the Bidder contracts with an SBE that the Bidder has used on previous projects.
20
Section 5.3.9: Bonding or Insurance Assistance on Construction Contract. To receive credit for this GFE, the Bidder must assist an SBE in obtaining its own bond or insurance coverage for a City contract or another contract by (a) providing direct assistance, (b) showing that the SBE did not have access to the bond or insurance coverage before the Bidder’s assistance; and (c) providing the assistance within the 120 Days preceding the Bid Opening.
To document satisfaction of this GFE, the Bidder must submit: (a) the name of the SBE; (b) a description of the assistance the Bidder provided; (c) the date the Bidder provided the assistance; (d) the name of a contact person with the SBE who can verify that the Bidder provided the assistance; and (e) any additional information requested by Rodgers Builders, Inc.
20
Section 5.3.10: Covering Subcontractors Under Bidder’s Bond or Insurance on the Construction Contract Up for Award. To receive credit for this GFE, the Bidder must commit to cover one or more SBEs under the Bidder’s bond or insurance for work that the Bidder and Rodgers Builders, Inc. would typically require a bond, without requiring the SBEs to provide their own bond or insurance coverage. To document satisfaction of this GFE, the Bidder must (a) identify the SBE to which the Bidder made the commitment; and (b) document that such commitment was communicated to the SBE before the Bidder received the SBE’s bid. Bidders will not receive credit for bonding SBEs on work for which Rodgers Builders, Inc. does not typically require a bond, such as hauling.
20
Section 5.3.11: Entering Into Joint Venture with SBEs. To receive credit for this GFE, the Bidder must document the existence of a Joint Venture agreement between the Bidder and an SBE that increases opportunities for SBE business participation, whether on City Contracts or other contracts. To document satisfaction of this GFE, Bidders must document that they have entered into such an agreement within the 120 Days before the Bid Opening, and such documentation must include; (a) the name of the SBE; (b) a description of the Joint Venture; (c) evidence of the date the Bidder and the SBE entered into the agreement; and (d) the name of a contact person with the SBE who can verify the terms of the agreement.
25
Section 5.3.12: Facilitating Joint Ventures between SBEs. To receive credit for this GFE, the Bidder must within the 120 Days before the Bid Opening facilitate a Joint Venture agreement between SBEs that would not otherwise be able to participate in the Construction Contract. To document satisfaction of this GFE, the Bidder must: (a) comply with Section 3.4.4 (b) submit the names of the two SBEs for which the Bidder facilitated a Joint Venture; (c) provide a description of the steps the Bidder took to facilitate the Joint Venture; and (d) provide a statement from at least one of the SBEs indicating that it would not have been able to participate in the Construction Contract but for the Joint Venture. Additionally, the SBE Joint Venture must be listed on Form 3 as an SBE participating in the Construction Contract for which the Bidder is submitting a Bid.
25
Section 5.3.13: Financial Assistance. To receive credit for this GFE, the Bidder must provide one of the following types of assistance to an SBE during the preceding 90 Days before Bid Opening: (a) assistance in obtaining equipment, a loan, capital, lines of credit, (b) joint pay agreements or guaranties to secure loans, the purchase of supplies, or letters of credit, including waiving credit that is ordinarily required; or (c) assistance in obtaining the same unit pricing with the Bidder’s suppliers as the Bidder. Such assistance may be in connection with a City Construction Contract or any other contract.
To receive credit for this GFE, Bidders must document: (a) the name of the SBE; (b) the description of the assistance the Bidder provided; (c) the date the Bidder provided the assistance; and (d) the name of a contact person with the SBE who can verify that the Bidder provided the assistance was provided.
Small Business Opportunity Program
Revised June 1, 2007
Good Faith Efforts (GFE) and Statement of GFE Compliance SBO Form 5 (Page 3 of 3)
Bidder Name:
Project Name: Discovery Place Renovation – Phase I - Misc. Steel & Railings Project Number: 512-06-023
20
Section 5.3.14: Quick Pay Agreements On The Construction Contract Up For Award. For purposes of this Section, the term “Quick Pay Commitment” means a commitment to pay all SBEs participating in the Construction Contract within 20 Days after the Contractor confirms that the SBE has properly performed and the SBE’s work has been properly completed.
To receive credit for this GFE, Bidders must either: (a) provide Rodgers Builders, Inc. with a copy of a policy containing the above-referenced Quick Pay Commitment that the Bidder has adopted for the project and document that the Bidder informed each SBE about the Quick Pay Commitment as part of the Bidder’s SBE contacts under Section 5.3.2; OR (b) provide a legally binding Quick Pay Commitment in the form of an Agreement with each SBE that will participate in the Construction Contract up for award. Including a statement in a Bid solicitation letter indicating that the Bidder will consider entering into quick pay agreements will not suffice.
0
Section 5.3.15: Attendance at City SBO Workshops or Networking Sessions. To receive credit for this GFE, the Bidder must attend a workshop, seminar or networking session held by Rodgers Builders, Inc. to (a) educate contractors or SBEs about the requirements of the SBO Program and how Bidders can comply with the Program; or (b) increase the capacity or skill level of SBEs; or (c) provide networking opportunities for SBEs. To receive credit for this GFE, Bidders must document that they attended such a workshop or seminar during the preceding 90-Days before Bid Opening. The KBU shall not give Bidders credit toward this GFE category for the Bidder’s attendance at a Pre-Bid conference.
15
Section 5.3.16: Follow-up Contacts. To receive credit for this GFE, the Bidder must follow-up with each SBE that the Bidder contacted under Section 5.3.2 that did not reply that it was unwilling to participate in the Construction Contract.
Additionally, the Bidder must: (a) make each follow-up contact subsequent to the initial contact and at least 48 hours before Bid Opening; (b) make each follow-up contact by telephone or in person and (c) provide documentation for each follow-up contact in accordance with Section 5.3.2.3. Rodgers Builders, Inc. may request additional documentation in accordance with Section 5.3.2.4, and may verify the contacts as Rodgers Builders, Inc. deems appropriate.
15 Section 5.3.17: Achieving 50% of SBE Participation Goal. To receive credit for this GFE, the Bidder’s Committed SBE Goal must be at least 50% of the SBE Goal established by Rodgers Builders, Inc. for the Contract.
20
Section 5.3.18: Additional SBE Outreach. To receive credit for this GFE, not less than 7 Days before the Bid Opening, a Bidder must contact 75% of the total number of SBEs Rodgers Builders, Inc. lists or identifies in Rodgers Builders, Inc. Solicitation Documents for the Contract being bid. For example, if Rodgers Builders, Inc. lists 80 SBEs in Rodgers Builders, Inc. Solicitation Documents and requires that Bidders contact a minimum of 20, a Bidder would have to contact 60 SBEs to meet to receive credit under this Section. To receive credit, the Bidder must comply with the solicitation requirements outlined in Section 5.3.2.1, Section 5.3.2.2 and Section 5.3.2.3 (a) through (f).
25
Section 5.3.19: SBE Participation On Non-City Contracts. To receive credit for this GFE, the Bidder must document that during the 120-Day period before Bid Opening, the Bidder used SBEs on non-City contracts where the SBE subcontract value equaled or exceeded the amount the Bidder would have to pay SBEs to meet the SBE Goal for the Construction Contract at issue. To receive credit for this item, Bidders must document for each non-City SBE subcontract: (a) the name of the project and the parties to the contract; (b) the name of the SBEs the Bidder paid on the project; (c) the amount the Bidder paid to each SBE; and (d) any additional documentation requested by the Program Manager for verification purposes.
25
Section 5.3.20: Working With a New SBE. To receive credit for this GFE, the Bidder must document that during the 120-Day period before Bid Opening, the Bidder hired an SBE that it had not previously contracted with to perform at least $10,000 of work, whether on a City contract or other contract. To receive credit for this item, Bidders must document: (a) the name of the project on which the Bidder hired the new SBE; (b) the name of the new SBE the Bidder hired; (c) the amount the Bidder paid or the estimated amount the Bidder will pay to the new SBE; and (d) any additional documentation requested by the Program Manager for verification purposes.
375 Total Available GFE Points 170 Total GFE Points Attained
Per Part B, Section 5 of the SBO Program, if a Bidder has not fully met the SBE Goal, then it must document it has met the GFE requirements by completing this Form. Bidder must submit Form 5 within one business days after Rodgers Builders, Inc. requests it as modified for Discovery Place Renovations Only. Failure to do so constitutes grounds for rejection of the Bid.
Small Business Opportunity Program
Revised June 1, 2007
Payment Affidavit - Subcontractor / Supplier Utilization SBO Form 6 To be submitted with each request for payment from Rodgers Builders Inc. Copy this form as needed.
Invoice Amount: Payment or Invoice #:
Project Name: Discovery Place Renovation – Phase 2 - Misc. Steel & Railings Contract Number:
Payment Period: From To KBU: (Department) Section 1: Payments to SUBCONTRACTORS Complete the chart below for all subcontractors used on the Project/Contract regardless of dollar amount. All subcontractors must be registered in the City’s Vendor Registration System.
Subcontractor’s Name Description of Work Performed NIGP Code City VMS
Number Payment
this Pay Period Cumulative Payments
Section 2: Payments to SUPPLIERS All suppliers providing goods under City contracts must be listed on the Sales Tax Statement submitted with each pay request. Rodgers Builders, Inc. may request on a case-by-case basis that the Contractor require certain suppliers to be registered in the City’s Vendor Registration System and may withhold payment of any amounts due the Contractor in the event the Contractor fails to comply with such request.
The undersigned Company certifies the preceding chart is a true and accurate statement of all payments that have been or will be made to subcontractors and suppliers on this Project/Contract. If no subcontractors or suppliers are listed on the preceding chart, the Company certifies that no subcontractors or suppliers were used in performing the Project/Contract for the payment period indicated. Failure to provide accurate and truthful information is a violation of the Small Business Opportunity Program and is subject to the sanctions prescribed therein.
This day of 200
Name of Company VMS #
Signature Print Name and Title
I. SPECIFICATION SECTIONS:
A. Applicable in total to the work of this Bid Package:
Division 00 - Procurement and Contracting Requirements (entire Section)
Division 01 - General Requirements (entire Section)
Section 064023 - Interior Architectural Woodwork
Section 123553 - Laboratory Casework
B. Applicable only as required by the work of this Bid Package:
Section 061000 - Rough Carpentry
II.
General Considerations
GC1.0
GC2.0
GC3.0
A. Wood Structures - Not Used
B. Rough Carpentry - Not Used
C. Millwork and Finish Carpentry - Not Used
WORK DESCRIPTION: Furnish all labor, materials, supervision, equipment, insurance,
overhead and profit, necessary or incidental, as required to complete the scope of work
identified in the construction drawings and applicable specification sections referenced
above. Performance of the work must include, but is not necessarily limited to the
following:
This Bid Package includes furnishing and installing all items related to this scope
of work.
This Subcontractor to make provisions for any materials delivered to job site to
avoid any bowing, warping, cracking or splitting of wood products.
The project goal for the Discovery Place Renovation Project is seven percent
(7%). In accordance with the City of Charlotte’s Small Business Opportunity
Program, the established goal for this Bid Package is twelve percent (12%).
Please refer to the SBO program policy included herein. For further questions,
please contact the SBO Program Manager for the Discovery Place Renovation
Project - Lil Associates II, Inc., Jasmine Hines, 704-372-3331 or
DIVISION OF WORK: Bid Package No. 06D - Trade Subcontractor is exclusively responsible for work
described in the following:
Bid Package No. 06D - Cabinetry and Casework
April 17, 2009
SPECIFIC SUMMARY OF WORK
Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
Rodgers Builders…Our Passion is Building.®
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Bid Package No. 06D - Cabinetry and Casework
April 17, 2009
SPECIFIC SUMMARY OF WORK
Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
D. Cabinetry and Casework
D1.0
D2.0
D2.01
D2.02
D2.021
D2.022
D2.023
D2.024
D2.025
D2.026
D2.027
D2.028
D2.029
D3.0
D3.01
D3.02
D3.03
D4.0
D5.0
D5.01
D5.02
Furnish and install all required cabinet hardware and accessories
including, but not limited to, the following:
Glass, stainless steel and/or miscellaneous materials to be
included as part of a millwork/cabinetwork assembly.
Sheet metal work.-if applicable
Fabric coverings.-if applicable
Back lighting fixtures
Miscellaneous support steel.
Attached blocking (Concealed Blocking by Others).
Review and acceptance of the design and construction of the following as
adequate for proper installation of the work:
Any and all product testing services (by an agency acceptable to the State of
North Carolina) related to casework manufacturing that is necessary to satisfy the
requirements of the specifications, testing agencies, and prevailing jurisdictional
authorities.
Hinges, pulls, drawer slides, standards, and brackets, etc.
This scope of work is inclusive of all project requirements for millwork and finish
carpentry.
The areas of work within this Bid Package are as follows:
Floor leveling.
Drywall partitions and bulkheads.
To the work of other trades to which they adjoin.
Miscellaneous moldings and trim (wood, metal, plastic, or
otherwise).
Anchoring devices.
Concealed blocking.
Caulking and sealants of all fabrications and assemblies furnished under this Bid
Package and as required by the drawings and specifications as follows:
To one another.
All factory (shop) prefinished cabinetwork/casework shown or otherwise
indicated (including counter tops).
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Bid Package No. 06D - Cabinetry and Casework
April 17, 2009
SPECIFIC SUMMARY OF WORK
Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
D6.0
D7.0
D8.0
D9.0
D10.0
D11.0
D12.0
D13.0
D14.0
D15.0
D16.0
D17.0
D18.0
D19.0
Provide and install Benches including all solid surfaces as well as
wood substrate.This Trade Subcontractor to be Architectural Woodwork Institute
(AWI) Certified, providing proof of this certification.
It is the responsibility of this Trade Bid Package to furnish and install all wood
moldings and trim. This includes but is not limited to wood base, wood door trim,
wood presentation rail, wood trim at exhibit halls, wood trim at tackable wall
covering. All fasteners for moldings and trim must be set under this Bid Package
for puttying and sanding by those applying the final finishing.
Furnish and install all plastic laminate on millwork and wall surfaces designated to
receive plastic laminate.
Prior to installation, prepare all cabinets for plumbing and electric penetrations.
This Bid Package includes the delivery of products in the sequence required by
Rodgers Builders, Inc.
Any and all cutouts and routing necessary to receive the work provided under this
or other Bid Packages.
This Bid Package is responsible for providing, installing, and maintaining all
countertops. This Bid Package is to perform field measurements prior to
fabrication/delivery. This Bid Package is to coordinate delivery to maintain access
and unrestricted exits for all trades on the project.
All fasteners for moldings and trim must be set under this Bid Package for
puttying and sanding by those applying the final finishing.
Provide and install all solid surface products as indicated in the drawings and
specifications. This includes but is not limited to Countertops, window sills,
backsplashes, casework accents and benches. This Bid Package is also
responsible for providing and installing the bench cushion.
This Bid Package is responsible for providing and installing all shelving.
All fasteners for moldings and trim must be set under this Bid Package for
puttying and sanding by those applying the final finishing.
Field touch up/painting of all prefinished items and items to receive field applied
finishes under the work of this or other Bid Packages.
Field touch up/painting of all prefinished items and items to receive field applied
finishes under the work of this or other Bid Packages.
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Bid Package No. 06D - Cabinetry and Casework
April 17, 2009
SPECIFIC SUMMARY OF WORK
Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
D20.0
D21.0
D22.0
D23.0
This Bid Package is responsible for providing and installing all
wood products and hangers for new projector cove.
This Bid Package is responsible for providing and installing the
ticket desk which is in Phase 1 space. See Schedule, Separate
mobilization will be required to install the Phase 1 ticket desk.
This package is responsible for providing and installing all low-
voltage lighting that is to be within or attached to Millwork and
Casework.
This Bid Package is responsible for all Lab Stations and tops
both fixed and moveable.
ALL ALTERNATES, UNIT PRICES AND EQUIPMENT RATES MUST INCLUDE
SUBCONTRACTOR’S OVERHEAD, PROFIT AND BOND COSTS.
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Bid Package No. 06D - Cabinetry and Casework
April 17, 2009
SPECIFIC SUMMARY OF WORK
Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
1.
1.1
1.2
1.3
1.4
2.
2.1
2.2
2.3
2.4
2.5
Wall trim at tackable wall covering
Architectural Woodwork
Wood base if applicable
Presentation/ drawing rail back trim -if applicable
Misc. Staging & Logistics Items
Engineering / Design Services
Each Bid Package is required to provide a price breakdown of their lump sum bid, at bid time. The price
breakdown is for information and evaluation purposes only. The BID AMOUNT quoted shall be the full
compensation for each Bid Package as defined by the Scope of Work. Bid Amounts shall be broken
down as identified below.
Mobilizations(s)
Staging & Logistics 1 ls
Layout
1 ls
Wall trim at exhibit halls
Item # Item Description Quantity Unit Amounts
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Bid Package No. 06D - Cabinetry and Casework
April 17, 2009
SPECIFIC SUMMARY OF WORK
Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
3.
3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.8
3.9
4.
4.1
4.2
4.3
4.4
4.5
5.
5.1
5.2
Lab stations and tops
Solid Surface Countertops/ and Chemical resistant
tops
Solid Surface window sills
Custom Cabinets
Base Cabinets
Solid Surfacing Countertops
1 ls
Custom ticket desk Cabinets
Solid Surface Bench apron
Bench
Caulk Cabinets to Vertical Surfaces
Shelving
Caulk Architectural Woodwork to Vertical Surfaces
Solid surface accents on case work
ls
Wall Cabinets
Vanities/ Counters
1
ls
Cash Wrap
1
Joint Sealants
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Page 6 of 8 5/11/2009 4:15 PM
Bid Package No. 06D - Cabinetry and Casework
April 17, 2009
SPECIFIC SUMMARY OF WORK
Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
6.
6.1
6.2
1 ls
Back lighting fixtures
Misc Items
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Page 7 of 8 5/11/2009 4:15 PM
Bid Package No. 06D - Cabinetry and Casework
April 17, 2009
SPECIFIC SUMMARY OF WORK
Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
LEAD TIMES:
weeks
LEAD TIMES:
weeks
LEAD TIMES:
Provide the Anticipated Lead-Time for:
After Receipt of Approved Shop Drawings / Samples weeks
Provide the Anticipated Lead-Time for:
2 Sales Tax on Materials Incorporated into the Site & Buildings
No
T O T A L P R I C E (Lines 1 + 2 + 3 + 4)
Provide the Anticipated Lead-Time for:
After Receipt of Approved Shop Drawings / Samples
After Receipt of Approved Shop Drawings / Samples
3 Bond Amount as Required by Contract Documents
Professional Liability Insurance ($2,000,000.00) will be Provided p Yes p No
MISCELLANEOUS CONSIDERATIONS:
4
Has a Bid Bond been Included as Indicated by the Contract Documents p Yes p
1 Subtotal
BID SUMMARY: Amounts
ENTER COMPANY NAME HERE:
Out of Town Living Expenses for Labor Crews (IF APPLICABLE)
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SBO PROVISIONS AND FORMS
Revised June 1, 2007
FOR
Discovery Place Renovations
Phase 2 – Cabinetry and Casework _____________________________________________________________________
Revised June 1, 2007 (E&PM)
1. APPLICATION: The City of Charlotte’s Small Business Opportunity Program (SBO Program) is incorporated into and made a part of this solicitation and the resulting contract (the “Contract”). Copies of the SBO Program may be obtained on-line at http://smallbiz.charmeck.org or from the SBO Office, 600 E. Fourth Street, Charlotte, North Carolina 28202-2850, Phone 704-336-2473. Capitalized terms used in this document are defined in the SBO Program. 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 Rodgers Builders, Inc. The SBO Program requires that you (a) meet the SBE Utilization Goal listed in Section 2 below; or (b) comply with the Good Faith Efforts requirements referenced in Section 3 below. Failure to comply with the SBO Program in the bid/proposal phase will constitute grounds for rejection of your bid. Failure to comply after contract award may result in assessment of damages or termination of your contract.
2. THE SBE UTILIZATION GOAL FOR THIS CONTRACT HAS BEEN SET AT: 12 % Each Bidder must submit the proposed SBE utilization on the Form 3 listing subcontractors and suppliers that will be providing goods or services and projected dollar amount for each SBE. Bidders must also indicate the total dollar value of SBE participation for the contract. In the event the bidder has no SBE participation, the Bidder is still required to indicate this on Form 3 by entering the word or number zero. Blank forms will be deemed to represent zero participation. Bids submitted which do not have the above required SBE information indicated on Form 3 may cause the bid to be considered non-responsive and it may be rejected. Form 3 must be submitted with your bid. Rodgers Builders, Inc. will only give Bidders credit toward the SBE Goal for those SBES that are certified SBEs as of the Bid Opening and that meet Part B Section 3 of the SBO Program. Please note that to count an SBE toward your SBE Utilization Goal; you will need to have that SBE sign a Letter of Intent on Form 4 (or an equivalent form containing the same information). Rodgers Builders, Inc. will request your Letters of Intent if you are a finalist for contract award, and you must submit a separate Form 4 for each SBE identified on the Form 3 within 3 Business Days after Rodgers Builders, Inc. requests it.
3. GOOD FAITH EFFORTS: IF YOU DO NOT MEET THE SBE UTILIZATION GOAL, then you
must meet the Good Faith Efforts requirements set forth in Part B Section 5 of the SBO Program. These are summarized below. Failure to do so will constitute grounds for rejection of your bid.
Documenting Good Faith Efforts. To demonstrate Good Faith Efforts compliance, you must complete and submit Form 5 Good Faith Efforts (GFE) / Statement of GFE Compliance. Form 5 states the minimum required Good Faith Efforts points for this Contract, and lists the number of points attainable for each type of Good Faith Effort. Rodgers Builders, Inc. will request your Good Faith Efforts (GFE) / Statement of GFE Compliance if you are a finalist for contract award, and you must submit Form 5 within 1 Business Days after the Rodgers Builders, Inc. requests it. It is important that you carefully review Part B Section 5 of the SBO Program as soon as possible so as to put yourself in a position to provide the documentation. Please note that the due date for Form 5 has been specifically modified and approved by the Department of Economic Development for the Discovery Place Renovation project in order to facilitate meeting the schedule requirements of the project. 3.1 SBE Contacts:
In order to receive credit for this Good Faith Effort at least 7 Calendar Days prior to Bid Opening, you must contact at least 2 SBE firms (the “Minimum Contacts”) listed in the SBE Source List provided with Rodgers Builders, Inc.’s bid or proposal packet or that can be found on the Small Business Development Program website located at http://epmcontracts.charmeck.org. Please refer to Part B Section 5.3.2 of the SBO Program regarding how these Minimum Contacts must be made and documented. Minimum Contacts must be recorded on Form 2, which is submitted along with Form 5. Please note that you must make the Minimum Contacts at least 7 Calendar Days before Bid Opening. It is important that you carefully review Part B Section 5.3.2 of the SBO Program as soon as possible so as to put yourself in a position to provide Form 2 and any other documentation as requested by Rodgers Builders, Inc.
Good Faith Negotiation. You must negotiate in good faith with all interested SBE firms. Part B Section 4.4 of the SBO Program defines what negotiating in “good faith” means. Among other things, it means that if an SBE is low bid on a contract for construction or for the procurement of goods, then you must contract with that SBE
Revised June 1, 2007 (E&PM)
unless it is not “Qualified” within the meaning of the SBO Program. To demonstrate Good Faith Negotiation Compliance you must submit good faith documentation as requested by Rodgers Builders, Inc. to support your efforts for each subcontracting opportunity identified by Rodgers Builders, Inc. for which the low bid by an SBE is not accepted. You must provide such forms and information within 1 Business Days after Rodgers Builders, Inc. requests it. Failure to comply with the requirements set forth in this section shall constitute grounds for rejecting a bid.
Self-Performance. Bidders that do not meet the SBE Utilization Goal and desire to self perform all of the Contract must nevertheless demonstrate that they complied with the Good Faith Efforts requirements as provided in Part B Section 5.6 of the SBO Program. Failure to do so shall constitute grounds for rejection of your bid. Bidders that intend to self perform may be required to submit additional documentation to Rodgers Builders, Inc. at least 14 calendar days prior to the Bid Opening to obtain clearance for self performance.
Plans and Specifications. Plans and Specifications may be viewed at Rodgers Builders, Inc., Center City office located at 400 West Trade Street, Charlotte, NC 28202. Other locations:
Richa Graphics 204 N. Tryon St.
Charlotte, NC 28202 704-333-9744
Carolinas AGC (CAGC) 1100 Euclid Ave
Charlotte NC 28203 704-372-1450
Metrolina Contractors Resource Center
3124 W. Trade Street, Suite A, 704-332-5746
Hispanic Contractors Association of Carolinas 2923 E Independence Blvd
Charlotte NC 28205 877-227-1680
4. MANDATORY SUBCONTRACTING REQUIREMENTS
Per Part B Section 2.5 of the SBO Program, City Council has the authority to establish mandatory, subcontracting requirements for certain contracts. The blank checked below indicates whether such requirements have been established for this Contract:
City Council has established a mandatory subcontracting requirement of percent ( %) for this Contract.
City Council has not established a mandatory subcontracting requirement for this Contract. 5. SBO PROGRAM PROVISIONS APPLICABLE AFTER CONTRACT AWARD
If you are awarded a Contract with Rodgers Builders, Inc., note in particular the following Sections of the SBO Program that relate to post award requirements and activity:
a. Compliance with committed SBE utilization level throughout the Contract per Part D Section 2 of the
SBO Program. b. Terminating or Replacing an SBE on a contract per Part D Section 5 of the SBO Program. c. New Subcontractor Opportunities/Additions to Scope, Contract Amendments per Part D Section 6 of the
SBO Program. d. Payments to SBEs per Part D Section 7 of the SBO Program. e. Utilization Reports and Documentation of Payments per Part D Section 8 of the SBO Program.
6. SBO CONTRACT PROVISIONS
The following provisions are incorporated into any contract that may result from this solicitation. Small Business Opportunity Program. Rodgers Builders, Inc. has adopted a Small Business Opportunity Program, which is posted on the City’s website and available in hard copy form upon request to Rodgers Builders, Inc.. The parties agree that:
(i) The terms of the City’s Small Business Program, as revised from time to time, together with all rules and
guidelines established under such program (collectively, the “SBO Program”) is incorporated into this Agreement by reference; and
(ii) A violation of the SBO Program shall constitute a material breach of this Agreement, and shall entitle Rodgers Builders, Inc. to exercise any of the remedies set forth in Part D of the SBO Program, including but not limited to liquidated damages; and
Revised June 1, 2007 (E&PM)
(iii) Without limiting any of the other remedies Rodgers Builders, Inc. has under the SBO Program, Rodgers Builders, Inc. shall be entitled to withhold periodic payments and final payment due to the Contractor under this Agreement until Rodgers Builders, Inc. has received in a form satisfactory to Rodgers Builders, Inc. all claim releases and other documentation required by the City’s SBO Program, and 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 G.S. 143-134.1; and
(iv) The remedies set forth in Part D Section 13 of the SBO Program shall be deemed cumulative and not exclusive and may be exercised successively or concurrently, in addition to any other available remedy; and
(v) Rodgers Builders, Inc. will incur costs if the Contractor violates the SBO Program, and such costs are difficult to ascertain due to their indefiniteness and uncertainty. Accordingly, the Contractor agrees to pay Rodgers Builders, Inc. liquidated damages at the rates set forth in Part D of the SBO Program.
(vi) The Contractor agrees to participate in any dispute resolution process specified by Rodgers Builders, Inc. from time to time for the resolution of disputes arising from the SBO Program.
(vii) Nothing in this Section shall be construed to relieve a Contractor from any obligation it may have under N.C. Gen. Stat. 143-134.1 regarding the payment of subcontractors.
Remedies for Violation of SBO Program. A violation of the SBO Program by a Contractor shall constitute a material breach of the Contract, and shall entitle Rodgers Builders, Inc. or private owner to:
(i) Exercise all rights and remedies that it may have at law or at equity for violation of the SBO Program;
Terminate the Contract for default; (ii) Suspend the Contract for default; (iii) Withhold all payments due to the Contractor under the Contract until such violation has been fully cured
or Rodgers Builders, Inc. and the Contractor have reached a mutually agreeable resolution; (iv) Assess liquidated damages as provided in the following Part D Section 13.2; and/or (v) Offset any liquidated damages and/or any amounts necessary to cure any violation of the SBO Program
from any retainage being held by Rodgers Builders, Inc. on the Contract, or from any other amounts due to the Contractor under the Contract.
The remedies set forth herein shall be deemed cumulative and not exclusive, and may be exercised successively or concurrently, in addition to any other available remedy.
Liquidated Damages. Rodgers Builders, Inc. and the Contractor acknowledge and agree that Rodgers Builders, Inc. will incur costs if the Contractor violates the SBO Program in one or more of the ways set forth below. The parties further acknowledge and agree that Rodgers Builders, Inc. will incur damages as a result of such failure, but that the costs Rodgers Builders, Inc. might reasonably be anticipated to accrue as a result of such failures are difficult to ascertain due to their indefiniteness and uncertainty. Accordingly, the Contractor agrees to pay Rodgers Builders, Inc. liquidated at the rates set forth below for each specified violation of the SBO Program. The Contractor further agrees that for each specified violation the agreed upon liquidated damages are reasonably proximate to the loss Rodgers Builders, Inc. will incur as a result of such violation:
(i) Failure to meet the SBE Goal. If Rodgers Builders, Inc. determines upon completion or termination of
a Contract that the Contractor did not meet the Committed SBE Goal and that such failure is not otherwise excused under Part D Section 2, Rodgers Builders, Inc. may assess the lesser of : (a) $30,000 or (b) the dollar difference between the Committed SBE Goal and the Contractor’s actual SBE utilization;
(ii) Using SBE as a Conduit. If the Contractor lists an SBE to receive credit toward a Committed SBE Goal with knowledge that the SBE will be acting as a Conduit or will not be performing a Commercially Useful Function reasonably commensurate with the payment amount for which the Contractor will be seeking credit, Rodgers Builders, Inc. may assess the lesser of: (a) $20,000 or (b) the dollar amount the Contractor indicated that it would pay such SBE in the SBEs contract (or if no contract has been signed, the SBE’s Letter of Intent);
(iii) Wrongful Termination or Replacement of SBE Services. If the Contractor terminates or replaces an SBE in violation of the SBO Program, Rodgers Builders, Inc. may assess the lesser of: (a) $20,000 or (b) the dollar amount of the work remaining to be performed by the terminated SBE at the time it was
Revised June 1, 2007 (E&PM)
terminated (or if the SBE was not terminated because it was never retained, then, the dollar amount that the Contractor indicated it would pay the SBE in the SBE’s letter of intent) or ;
(iv) Failure to Comply with SBO Program Upon Termination or Withdrawal by SBE. If the Contractor fails to comply with Part D Section 5 of the SBO Program upon the termination or withdrawal of an SBE the City may assess the lesser of: (a) $20,000 or (b) the dollar amount of the work remaining to be performed by the SBE that withdrew or was terminated at the time of the termination or withdrawal;
(v) Failure to Comply with SBO Program to Add New Subcontractors. If the Contractor fails to comply with Part D of the SBO Program in adding new subcontractors to a Contract, or in the event of a Contract amendment or increase in the scope of work on a contract, Rodgers Builders, Inc. may assess the lesser of: (a) $20,000; or (b) the dollar amount of the new or additional work;
(vi) False Statements and Misrepresentations. If the Contractor makes a false statement or material misrepresentation regarding any matter relevant to the SBO Program (including but not limited to information provided regarding payments made to SBEs), Rodgers Builders, Inc. may assess the lesser of: (a) $25,000; or (b) the dollar difference between what the Contractor represented and the truth;
(vii) Failure to Respond to Request for Information. If the Contractor fails to provide any report, documentation, affidavit, certification or written submission required under the SBO Program within the time period ser forth therein, Rodgers Builders, Inc. may assess $25 per day for each day that such report, documentation or written submission is overdue.
7. SBO FORMS
Bidders shall submit the following forms with Bid document or at a time specified:
Submission Requirements Form No. Notification of Subcontractor / Purchasing Opportunities. Identifies all the subcontracting or supplier opportunities available on the Contract.
Submission is optional. If submitted, it must be received by Rodgers Builders, Inc. fourteen (14) Calendar Days before the Bid Opening date.
Form 1
SBE Solicitation. Identifies all SBEs the Bidder contacted or those that contacted the Bidder and the scope of work for which they were contacted. Includes date and method of contact for SBE firms. Good Faith Negotiation is documented on this form.
Rodgers Builders, Inc. will request this form from finalists for contract award. Must submit within three (3) Business Days after requested by Rodgers Builders, Inc.
Form 2
Subcontractor / Supplier Utilization Commitment. Identifies all subcontractors, suppliers, manufacturers, brokers and/or members of a joint venture to be utilized on the contract and dollar amounts committed to SBEs. Bidders must include all subcontractors known at the time the Bid or proposal is submitted.
Due with bid.
Form 3
Letter of Intent. Bidders must submit a separate Letter of Intent executed by each SBE listed on Form 3 that the Bidder will use on the Contract.
Rodgers Builders, Inc. will request this form from finalists for contract award. Must submit within three (3) Business Days after requested by Rodgers Builders, Inc.
Form 4 or alternative as permitted by the City
Good Faith Efforts (GFE) / Statement of GFE Compliance. States the minimum GFE points required for this solicitation and the number of points attributable to each GFE item. Bidder must check each GFE item for which it earned points, as described in Part C Section 5.3 of the SBO Program.
Rodgers Builders, Inc. will request this form from finalists for contract award. Must submit within one (1) Business Days after requested by Rodgers Builders, Inc.
Form 5
Revised June 1, 2007 (E&PM)
Payment Affidavit. Contractor shall provide with each pay request to Rodgers Builders, Inc. a payment affidavit showings payments made to all subcontractors, suppliers, manufacturers, brokers, and / or members of a joint venture in connection with the contract.
Due with each pay request. Form 6 or alternative proof as permitted by the City
All SBO Forms are also available on-line at http://epmcontracts.charmeck.org. Forms must be received by fax, e-mail or US Mail.
8. Please find below a list of activities that Rodgers Builders, Inc. has identified as potential Small Business
Enterprise (SBE) subcontracting opportunities. This is a potential listing not all inclusive. Bidder may identify additional or different opportunities.
NIGP Code Description
15049 Millwork 91488 Wood 96269 Temporary Labor
A list of SBE vendors can be accessed at the following Website: http://smallbiz.charmeck.org A SBE vendor source list is also included herein.
CABINETRY AND CASEWORK SBE LIST
by NIGP Code 15049 - Millwork: Counters, Custom-Made Cabinets, Shelves, Stairs, etc. Alston Group, LLC, The VMS #: SM16960 Physical 4298 Kiser Woods Drive Contact: Henry C. Alston Jr Address: Charlotte NC 28025 Phone: (980) 521-6787 Fax: (203) 738-2250 Mailing E-Mail: [email protected] Address: Website: Certification Dates: MWBE-Nov 2 2007 - Nov 2 2010 , SBE-Nov 2 2007 - Nov 2 2010
Southern Door Supply Co. Inc VMS #: SM16224 Physical 1435 S Mint ST Contact: Kathleen Fennell Address: Charlotte NC 28203 Phone: (704) 400-6393 Fax: (704) 377-9085 Mailing 2014 Bay ST E-Mail: [email protected] Address: Charlotte NC 28205 Website: Certification Dates: MWBE-Apr 16 2007 - Apr 16 2010 , SBE-Apr 16 2007 - Apr 16 2010
91488 - Wood Reliable Woodworks, Inc. VMS #: S9165 Physical 2989 Old Salisbury RD Contact: Tammy S. Airheart Address: Concord NC 28025 Phone: (704) 785-9663 Fax: (704) 785-9666 Mailing 2989 Old Salisbury RD E-Mail: [email protected] Address: Concord NC 28025 Website: Certification Dates: SBE-Feb 20 2007 - Feb 20 2010
Williams Realty & Remodeling, Inc. VMS #: SM17186 Physical 2317 Laura DR Contact: Michael Williams Address: Charlotte NC 28212 Phone: (704) 804-1112 Fax: (704) 804-1112 Mailing E-Mail: williamsrealtyand [email protected] Address: Website: www.myspace.com/williamsremodeling Certification Dates: MWBE-Feb 8 2008 - Feb 8 2011 , SBE-Feb 8 2008 - Feb 8 2011
96269 - Personnel Services, Temporary Absolute Business Connections, Inc. VMS #: SM16725 Physical 5701 Executive Center DR Contact: Donna Rodgers Address: Charlotte NC 28212 Phone: (704) 537-0010 Fax: (704) 537-0701 Mailing P.O. Box 25767 E-Mail: [email protected] Address: Charlotte NC 28212 Website: www.absolutebusinessconnections.com Certification Dates: SBE-Sep 24 2007 - Sep 24 2010 , MWBE-Sep 24 2007 - Sep 24 2010 C.C. Smith Construction, Inc. VMS #: SM8330 Physical 9111 Washam Potts RD Contact: Zandra Smith Address: Cornelius NC 28031 Phone: (704) 890-1909 Fax: (704) 892-6137 Mailing 1022 Carter AV E-Mail: [email protected] Address: Charlotte NC 28206 Website: Certification Dates: SBE-Apr 7 2006 - Apr 7 2009 , MWBE-Apr 7 2006 - Apr 7 2009
Pro Labor Power VMS #: SM8377 Physical 9009 Albemarle RD Contact: Robert Janda Address: Charlotte NC 28227 Phone: (704) 491-0678 Fax: (815) 717-7413 Mailing 9009 Albemarle RD E-Mail: [email protected] Address: Charlotte NC 28227 Website: Certification Dates: MWBE-Feb 5 2007 - Feb 5 2010 , SBE-Feb 5 2007 - Feb 5 2010
Small Business Opportunity Program
Revised June 1, 2007
Notification of Subcontracting / Purchasing Opportunities SBOP Form 1
** Per Part B, Section 5.3.1 of the SBO Program, in order to receive credit as a Good Faith Effort (GFE), a Bidder must provide to Rodgers Builders Inc., no later than 14 Days before Bid Opening this Form 1 or another document providing the same information. (POTENTIAL GFE Points: 15)
Bidder Name:
Project Name: Discovery Place Renovation – Phase 2 – Cabinetry and Casework Project Number: 512-06-023
Identify the portions of the contract for which there are intended subcontractor, supplier, or service provider opportunities.
NIGP code Description of Service or Goods (as identified in bid)
Submit this form to: Jasmine Hines
E-mail: [email protected]
Fax Number: 704-372-3341
Small Business Opportunity Program
Revised June 1, 2007
SBE Solicitation Form SBOP Form 2 Copy this Form as needed. (page 1 of 2)
** Per Part B, Section 5.3.2.3 of the SBO Program, in order to receive credit for Contacting SBEs, a Bidder must submit an SBE Solicitation Form (Form 2) within one (1) Business Days after requested by Rodgers Builders, Inc. (POTENTIAL GFE Points: 10)
Bidder Name:
Project Name: Discovery Place Renovation – Phase 2 – Cabinetry and Casework Project Number: 512-06-023
SBE Firm: Contact Person: NIGP Code: Scope of Work: Initial Contact Date: Method: Phone Fax Email Courier Mail In person Follow-up: Date: Method: Phone In person Response: No response Not bidding Is bidding $ ______________ Other (explain) Selected? Yes No SBE Firm: Contact Person: NIGP Code: Scope of Work: Initial Contact: Date: Method: Phone Fax Email Courier Mail In person Follow-up: Date: Method: Phone In person Response: No response Not bidding Is bidding $ ______________ Other (explain) Selected? Yes No SBE Firm: Contact Person: NIGP Code: Scope of Work: Initial Contact: Date: Method: Phone Fax Email Courier Mail In person Follow-up: Date: Method: Phone In person Response: No response Not bidding Is bidding $ ______________ Other (explain) Selected? Yes No SBE Firm: Contact Person: NIGP Code: Scope of Work: Initial Contact: Date: Method: Phone Fax Email Courier Mail In person Follow-up: Date: Method: Phone In person Response: No response Not bidding Is bidding $ ______________ Other (explain) Selected? Yes No SBE Firm: Contact Person: NIGP Code: Scope of Work: Initial Contact: Date: Method: Phone Fax Email Courier Mail In person Follow-up: Date: Method: Phone In person Response: No response Not bidding Is bidding $ ______________ Other (explain) Selected? Yes No
Small Business Opportunity Program
Revised June 1, 2007
SBE Solicitation Form SBOP Form 2 Copy this Form as needed. (page 2 of 2)
Pursuant to Part B, Section 4.4 of the SBO Program (Failure to Negotiate In Good Faith), Rodgers Builders, Inc. may find that a Bidder did not meet its Good Faith Negotiation obligation if in Rodgers Builders’ judgment, the Bidder rejects an Interested SBE’s bid for reasons other than: (a) the SBE’s bid was higher than what was proposed by the subcontractor or supplier the Bidder decided to use or higher than the Bidder’s cost of performing such work on its own; (b) the SBE was not a “Qualified SBE” as defined in Part A; or (c) the Business Enterprise that will be performing in place of the Interested SBE is more qualified than the Interested SBE, to the extent that such difference in qualification would materially impact the Bidder’s Bid, or (d) there was a material deficiency with the Interested SBE’s bid (such as it being submitted late, containing inaccurate information, etc.). The undersigned certifies that the information submitted on this Form 2 is true and accurate as of the date indicated below. The undersign further certifies that contacts by U.S. Postal Service, telephone conversations and in person contacts documented on this Form 2 were made in accordance with the requirements of Part B, Section 5.3.2 of the SBO Program and that this shall satisfy as the affidavit confirming such contacts.
Company
Signature of Authorized Official Title Submittal Date
Sworn to before me this day of __________________________ , 200____
NOTARY PUBLIC
My commission expires on
Small Business Opportunity Program
Revised June 1, 2007
Subcontractor / Supplier Utilization Commitment SBOP Form 3 This form MUST be submitted with your bid. (page 1 of 2)
Bidder Name:
Project Name: Discovery Place Renovation – Phase 2 - Cabinetry and Casework Project Number: 512-06-023
1. Below is a list of all SBEs that you intend to use on this contract
SBE Name Description of work / materials NIGP code VMS # Total Projected $
I acknowledge that I have inquired with each SBE listed above as to their Certification Status (i.e. - the SBE expiration date)
2. Below is a list of all non-SBEs that you intend to use on this contract
Firm Name Description of work / materials NIGP code VMS #
Total Subcontractor / Supplier Utilization (including SBEs and Non-SBEs) $ Total SBE Utilization $
Total Bid Amount (including Contingency) $ Percent SBE Utilization (Total SBE Utilization divided by Total Bid Amount) %
** If SBE Goal is not met, please provide an explanation here:
Signature of Authorized Official Printed Name Title Submittal Date
Small Business Opportunity Program
Revised June 1, 2007
Subcontractor / Supplier Utilization Commitment SBOP Form 3 This form must be submitted with your bid. (page 2 of 2)
All Subcontractors and Suppliers must be registered with the City of Charlotte. Pursuant to Appendix A, Section 8 of the SBO Policy, each subcontractor or supplier (non-SBE and SBE subcontractors) that you use on this contract must be registered in the City’s vendor registration database. You will need to provide the vendor registration number for each subcontractor and supplier used on this contract as a condition for receiving final payment on this Contract. What happens if you add 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, pursuant to Part D of the SBO Program, you must comply with the following:
• You must maintain the level of SBE participation proposed on this form throughout the duration of the Contract, except as specifically allowed in Part D, Section 2.2.
• If you need to add or replace an SBE, you must comply with Part D, Section 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 Part D, Section 6.
Subcontractor/Supplier Utilization Commitment Pursuant to Part B, Section 3.6, Rodgers Builders Inc. Solicitation Documents for each Construction Contract will include a form labeled “Subcontractor/Supplier Utilization Commitment” (“Form 3”), which captures information regarding the SBEs and other subcontractors and suppliers that the Bidder intends to use on the Contract. Failure to properly complete and submit Form 3 with the Bid constitutes grounds for rejection of the Bid. Pursuant to Part B, Section 3.7, within (3) Business Days after receiving a request from Rodgers Builders, Inc (or within such longer time as may be communicated by Rodgers Builders, Inc. in writing), Bidders must submit a separate Letter of Intent for each SBE listed on Form 3. Bidders may use the Letter of Intent that Rodgers Builders, Inc. provides with Rodgers Builders, Inc.’s Solicitation Documents or may use an alternative form if it contains the same information as Form 4. Regardless of the form, each Letter of Intent must be executed by both the SBE and the Bidder. Rodgers Builders, Inc. shall not count proposed SBE utilization for which it has not received a Letter of Intent within such time period, unless the SBE certifies to Rodgers Builders, Inc. that it originally agreed to participate in the Contract at the level reported by the Bidder, but subsequently declined to do so.
Signature Your signature on the preceding page indicates that the undersigned Company certifies and agrees that (a) it has complied with all provisions of the SBO Program and (b) failure to properly document such compliance in the manner and within the time periods established by the SBO Program shall constitute a forfeiture of the Company’s bid bond, and shall entitle Rodgers Builders, Inc. to recover under the bid bond and, (c) in the absence of a bid bond, such failure shall entitle Rodgers Builders, Inc. to recover damages for breach of contract.
Small Business Opportunity Program
Revised June 1, 2007
Letter of Intent SBOP Form 4
** Per Part B, Section 3.7, Bidders must submit a separate Letter of Intent for each SBE listed on Form 3 within (3) Business Days after receiving a request from Rodgers Builders, Inc. Bidders may use the Form 4 provided with Rodgers Builders, Inc.’s Solicitation Documents or an alternative form containing the same information as Form 4. Each LOI must be executed by both the SBE and the Bidder.
Pursuant to Part D, Section 5.3.1, Bidders shall also be required to provide a Form 4 for each SBE they add to a Contract subsequent to Contract award. Bidder Name:
Project Name: Discovery Place Renovation – Phase 2 - Cabinetry and Casework Project Number: 512-06-023
Bidders must submit a separate Letter of Intent for each SBE listed on Form 3 and this form must be signed by both the Bidder and SBE firm.
A. To be completed by the Bidder/Service Provider
Name of Bidder:
Address:
Contact Person:
Telephone: Fax:
I, the bidder, acknowledge a QuickPay Commitment or QuickPay Agreement has been extended to this SBE for the work identified below, and that I have submitted, either previously or with this Form, a copy of said Agreement. YES NO
B. To be completed by SBE at any tier Name of SBE:
Address:
Contact Person:
Telephone: Fax:
I, the SBE, certify that my SBE Certification Profile is active and up to date. Certification Expiration Date: / / .
C. Identify in complete details the scope of work to be performed or item(s) to be supplied by the SBE. On unit price bids, identify which bid line item the SBE’s scope of work or supply corresponds:
D. Cost of work to be performed by SBE: $
E. Cost of work to be performed by SBE as a percentage of total amount of City contract: %
Bidder certifies that it intends to utilize the SBE listed above, and that the description, cost and percentage of work to be performed by the SBE as described above is accurate. The SBE Firm certifies that it has agreed to provide such work/supplies for the amount stated above.
Bidder: Date: Signature and Title
SBE Firm: Date: Signature and Title
Small Business Opportunity Program
Revised June 1, 2007
Good Faith Efforts (GFE) and Statement of GFE Compliance SBO Form 5 If NOT meeting the goal, Bidder must submit this form within one business days after Rodgers Builders, Inc. requests it. (Page 1 of 3)
Bidder Name:
Project Name: Discovery Place Renovation – Phase 2 - Cabinetry and Casework Project Number: 512-06-023
Below is a list of Good Faith Efforts as defined in Part B: Section 5.3. To the left of each item is the number of points assigned to that item for this project. Please place an “X” in the first column for each item you are claiming credit. Failure to achieve the minimum number of Good Faith Efforts points stated in the blank below constitutes grounds for rejection of your bid.
Minimum Number of GFE Points Required: 170
15 Section 5.3.1: Notification of Subcontracting Opportunities. Providing to Rodgers Builders, Inc. not later than fourteen (14) calendar days prior to Bid Opening a list of the areas in which the Bidder intends to seek subcontractors and suppliers. The Bidder may report this information on Form 1 or on another document providing the same information as Form 1.
10
Section 5.3.2: SBE Contacts: To receive credit for this GFE, the Bidder must contact a minimum number of SBEs, as specified in Rodgers Builders, Inc. Solicitation Documents. Further, a Bidder must submit an SBE Solicitation Form (“Form 2”) within 3 Business Days after Rodgers Builders, Inc. requests it, unless a different time is specified in Rodgers Builders, Inc. Solicitation Documents.
A Bidder must make the required contacts not less than 7 Days before Bid Opening to receive credit. Refer to Part B, Section 5.3.2 of the SBO Policy for requirements of the Solicitation Method, Solicitation Content, and Solicitation Documentation.
10
Section 5.3.3: Making Plans Available. Making any project descriptions, construction plans, specifications or requirements applicable to the project available for review by Interested SBEs at least seven (7) calendar days before Bid Opening.
To satisfy this requirement, the Bidder must either: (a) provide SBEs with a hard copy of the Project Documents via an acceptable means of document delivery; OR (b) provide necessary physical access and adequate time for SBEs to fully review the Project documents at the Bidder’s place of business within the Charlotte MSA or, if the Bidder has no place of business within the Charlotte MSA, at an alternate location within the Charlotte MSA where the information can be reviewed at no cost to SBEs; AND (c) notify all SBEs contacted as part of the Bidder’s Section 5.3.2 SBE contacts of the locations (including the address) where plans, specifications, and other documents applicable to the Project, can be reviewed.
15 Section 5.3.4: Breaking Down Work. To receive credit for this GFE, the Bidder MUST: (a) notify SBEs as part of a Bidder’s Section 5.3.2 SBE Contacts that the Bidder is willing to divide or combine elements of work into economically feasible units on a case-by-case basis to facilitate SBE participation, and (b) negotiate in good faith with any SBEs that request such divisions.
10 Section 5.3.5: Attendance at Pre-Bid. To receive credit for this GFE, the Bidder must attend any pre-bid meetings scheduled by Rodgers Builders, Inc. for the Contract in question.
15
Section 5.3.6: Conducting a Pre-Bid for SBEs. To receive credit for this GFE, the Bidder MUST conduct a pre-bid meeting for SBEs at least three (3) Business days prior to Bid Opening. The pre-bid meeting must take place within Mecklenburg County, or, if the Bidder has no place of business within Mecklenburg County, at an alternate location within the Charlotte MSA. Not less than 48 hours before the pre-bid meeting, the Bidder must communicate the time and location of the meeting to the SBEs that the Bidder is required to contact to earn GFE points under Section 5.3.2.
40
Section 5.3.7: Training and Mentoring. A Bidder may receive credit for this GFE in one of two (2) ways: (a) Training: Providing training or mentoring to at least two (2) SBEs within 120 days before Bid Opening and the Bidder
must have the training or mentoring certified by the Program Manager.
(b) SBDP Mentor-Protégé Program. The Bidder may also receive credit for this GFE if the Bidder demonstrates that it is participating in the Small Business Development Mentor-Protégé program and that it is a mentor in good standing. The Program Manager shall have the discretion to deny credit for mentoring and training if the mentor is not in good standing.
Small Business Opportunity Program
Revised June 1, 2007
Good Faith Efforts (GFE) and Statement of GFE Compliance SBO Form 5 (Page 2 of 3)
Bidder Name:
Project Name: Discovery Place Renovation – Phase I - Cabinetry and Casework Project Number: 512-06-023
10
Section 5.3.8: Working with SBE Assistance Organizations. To receive credit for this GFE, the Bidder must document that they have performed one of the following within the (120) day period preceding the Bid Opening for an SBE Assistance Organization as defined in Appendix 1 of Part A:
(a) Provide location for SBE Assistance Organization Event: Providing a meeting location for the SBE Assistance Organization to host a regular meeting or special event at no cost or at a reduced rate.
(b) Provide training for SBE Assistance Organization members: Providing training or facilitating workshops aimed at increasing the capacity or skill level or the SBE Assistance Organization members, or participating in training or a workshop sponsored by the SBE Assistance Organization.
(c) Contracting with new SBE: Documenting that the SBE Assistance Organization helped to identify an SBE with whom the Bidder subsequently subcontracted work (whether on a City Construction Contract or other contract). Rodgers Builders, Inc. will not give the Bidder credit for this GFE if the Bidder contracts with an SBE that the Bidder has used on previous projects.
20
Section 5.3.9: Bonding or Insurance Assistance on Construction Contract. To receive credit for this GFE, the Bidder must assist an SBE in obtaining its own bond or insurance coverage for a City contract or another contract by (a) providing direct assistance, (b) showing that the SBE did not have access to the bond or insurance coverage before the Bidder’s assistance; and (c) providing the assistance within the 120 Days preceding the Bid Opening.
To document satisfaction of this GFE, the Bidder must submit: (a) the name of the SBE; (b) a description of the assistance the Bidder provided; (c) the date the Bidder provided the assistance; (d) the name of a contact person with the SBE who can verify that the Bidder provided the assistance; and (e) any additional information requested by Rodgers Builders, Inc.
20
Section 5.3.10: Covering Subcontractors Under Bidder’s Bond or Insurance on the Construction Contract Up for Award. To receive credit for this GFE, the Bidder must commit to cover one or more SBEs under the Bidder’s bond or insurance for work that the Bidder and Rodgers Builders, Inc. would typically require a bond, without requiring the SBEs to provide their own bond or insurance coverage. To document satisfaction of this GFE, the Bidder must (a) identify the SBE to which the Bidder made the commitment; and (b) document that such commitment was communicated to the SBE before the Bidder received the SBE’s bid. Bidders will not receive credit for bonding SBEs on work for which Rodgers Builders, Inc. does not typically require a bond, such as hauling.
20
Section 5.3.11: Entering Into Joint Venture with SBEs. To receive credit for this GFE, the Bidder must document the existence of a Joint Venture agreement between the Bidder and an SBE that increases opportunities for SBE business participation, whether on City Contracts or other contracts. To document satisfaction of this GFE, Bidders must document that they have entered into such an agreement within the 120 Days before the Bid Opening, and such documentation must include; (a) the name of the SBE; (b) a description of the Joint Venture; (c) evidence of the date the Bidder and the SBE entered into the agreement; and (d) the name of a contact person with the SBE who can verify the terms of the agreement.
25
Section 5.3.12: Facilitating Joint Ventures between SBEs. To receive credit for this GFE, the Bidder must within the 120 Days before the Bid Opening facilitate a Joint Venture agreement between SBEs that would not otherwise be able to participate in the Construction Contract. To document satisfaction of this GFE, the Bidder must: (a) comply with Section 3.4.4 (b) submit the names of the two SBEs for which the Bidder facilitated a Joint Venture; (c) provide a description of the steps the Bidder took to facilitate the Joint Venture; and (d) provide a statement from at least one of the SBEs indicating that it would not have been able to participate in the Construction Contract but for the Joint Venture. Additionally, the SBE Joint Venture must be listed on Form 3 as an SBE participating in the Construction Contract for which the Bidder is submitting a Bid.
25
Section 5.3.13: Financial Assistance. To receive credit for this GFE, the Bidder must provide one of the following types of assistance to an SBE during the preceding 90 Days before Bid Opening: (a) assistance in obtaining equipment, a loan, capital, lines of credit, (b) joint pay agreements or guaranties to secure loans, the purchase of supplies, or letters of credit, including waiving credit that is ordinarily required; or (c) assistance in obtaining the same unit pricing with the Bidder’s suppliers as the Bidder. Such assistance may be in connection with a City Construction Contract or any other contract.
To receive credit for this GFE, Bidders must document: (a) the name of the SBE; (b) the description of the assistance the Bidder provided; (c) the date the Bidder provided the assistance; and (d) the name of a contact person with the SBE who can verify that the Bidder provided the assistance was provided.
Small Business Opportunity Program
Revised June 1, 2007
Good Faith Efforts (GFE) and Statement of GFE Compliance SBO Form 5 (Page 3 of 3)
Bidder Name:
Project Name: Discovery Place Renovation – Phase I - Cabinetry and Casework Project Number: 512-06-023
20
Section 5.3.14: Quick Pay Agreements On The Construction Contract Up For Award. For purposes of this Section, the term “Quick Pay Commitment” means a commitment to pay all SBEs participating in the Construction Contract within 20 Days after the Contractor confirms that the SBE has properly performed and the SBE’s work has been properly completed.
To receive credit for this GFE, Bidders must either: (a) provide Rodgers Builders, Inc. with a copy of a policy containing the above-referenced Quick Pay Commitment that the Bidder has adopted for the project and document that the Bidder informed each SBE about the Quick Pay Commitment as part of the Bidder’s SBE contacts under Section 5.3.2; OR (b) provide a legally binding Quick Pay Commitment in the form of an Agreement with each SBE that will participate in the Construction Contract up for award. Including a statement in a Bid solicitation letter indicating that the Bidder will consider entering into quick pay agreements will not suffice.
0
Section 5.3.15: Attendance at City SBO Workshops or Networking Sessions. To receive credit for this GFE, the Bidder must attend a workshop, seminar or networking session held by Rodgers Builders, Inc. to (a) educate contractors or SBEs about the requirements of the SBO Program and how Bidders can comply with the Program; or (b) increase the capacity or skill level of SBEs; or (c) provide networking opportunities for SBEs. To receive credit for this GFE, Bidders must document that they attended such a workshop or seminar during the preceding 90-Days before Bid Opening. The KBU shall not give Bidders credit toward this GFE category for the Bidder’s attendance at a Pre-Bid conference.
15
Section 5.3.16: Follow-up Contacts. To receive credit for this GFE, the Bidder must follow-up with each SBE that the Bidder contacted under Section 5.3.2 that did not reply that it was unwilling to participate in the Construction Contract.
Additionally, the Bidder must: (a) make each follow-up contact subsequent to the initial contact and at least 48 hours before Bid Opening; (b) make each follow-up contact by telephone or in person and (c) provide documentation for each follow-up contact in accordance with Section 5.3.2.3. Rodgers Builders, Inc. may request additional documentation in accordance with Section 5.3.2.4, and may verify the contacts as Rodgers Builders, Inc. deems appropriate.
15 Section 5.3.17: Achieving 50% of SBE Participation Goal. To receive credit for this GFE, the Bidder’s Committed SBE Goal must be at least 50% of the SBE Goal established by Rodgers Builders, Inc. for the Contract.
20
Section 5.3.18: Additional SBE Outreach. To receive credit for this GFE, not less than 7 Days before the Bid Opening, a Bidder must contact 75% of the total number of SBEs Rodgers Builders, Inc. lists or identifies in Rodgers Builders, Inc. Solicitation Documents for the Contract being bid. For example, if Rodgers Builders, Inc. lists 80 SBEs in Rodgers Builders, Inc. Solicitation Documents and requires that Bidders contact a minimum of 20, a Bidder would have to contact 60 SBEs to meet to receive credit under this Section. To receive credit, the Bidder must comply with the solicitation requirements outlined in Section 5.3.2.1, Section 5.3.2.2 and Section 5.3.2.3 (a) through (f).
25
Section 5.3.19: SBE Participation On Non-City Contracts. To receive credit for this GFE, the Bidder must document that during the 120-Day period before Bid Opening, the Bidder used SBEs on non-City contracts where the SBE subcontract value equaled or exceeded the amount the Bidder would have to pay SBEs to meet the SBE Goal for the Construction Contract at issue. To receive credit for this item, Bidders must document for each non-City SBE subcontract: (a) the name of the project and the parties to the contract; (b) the name of the SBEs the Bidder paid on the project; (c) the amount the Bidder paid to each SBE; and (d) any additional documentation requested by the Program Manager for verification purposes.
25
Section 5.3.20: Working With a New SBE. To receive credit for this GFE, the Bidder must document that during the 120-Day period before Bid Opening, the Bidder hired an SBE that it had not previously contracted with to perform at least $10,000 of work, whether on a City contract or other contract. To receive credit for this item, Bidders must document: (a) the name of the project on which the Bidder hired the new SBE; (b) the name of the new SBE the Bidder hired; (c) the amount the Bidder paid or the estimated amount the Bidder will pay to the new SBE; and (d) any additional documentation requested by the Program Manager for verification purposes.
375 Total Available GFE Points 170 Total GFE Points Attained
Per Part B, Section 5 of the SBO Program, if a Bidder has not fully met the SBE Goal, then it must document it has met the GFE requirements by completing this Form. Bidder must submit Form 5 within one business days after Rodgers Builders, Inc. requests it as modified for Discovery Place Renovations Only. Failure to do so constitutes grounds for rejection of the Bid.
Small Business Opportunity Program
Revised June 1, 2007
Payment Affidavit - Subcontractor / Supplier Utilization SBO Form 6 To be submitted with each request for payment from Rodgers Builders Inc. Copy this form as needed.
Invoice Amount: Payment or Invoice #:
Project Name: Discovery Place Renovation – Phase 2 - Cabinetry and Casework Contract Number:
Payment Period: From To KBU: (Department) Section 1: Payments to SUBCONTRACTORS Complete the chart below for all subcontractors used on the Project/Contract regardless of dollar amount. All subcontractors must be registered in the City’s Vendor Registration System.
Subcontractor’s Name Description of Work Performed NIGP Code City VMS
Number Payment
this Pay Period Cumulative Payments
Section 2: Payments to SUPPLIERS All suppliers providing goods under City contracts must be listed on the Sales Tax Statement submitted with each pay request. Rodgers Builders, Inc. may request on a case-by-case basis that the Contractor require certain suppliers to be registered in the City’s Vendor Registration System and may withhold payment of any amounts due the Contractor in the event the Contractor fails to comply with such request.
The undersigned Company certifies the preceding chart is a true and accurate statement of all payments that have been or will be made to subcontractors and suppliers on this Project/Contract. If no subcontractors or suppliers are listed on the preceding chart, the Company certifies that no subcontractors or suppliers were used in performing the Project/Contract for the payment period indicated. Failure to provide accurate and truthful information is a violation of the Small Business Opportunity Program and is subject to the sanctions prescribed therein.
This day of 200
Name of Company VMS #
Signature Print Name and Title
I. SPECIFICATION SECTIONS:
A. Applicable in total to the work of this Bid Package:
Division 00 - Procurement and Contracting Requirements (entire Section)
Division 01 - General Requirements (entire Section)
Section 083213 - Sliding Aluminum-Framed Glass Doors
Section 084113 - Aluminum-Framed Entrance Doors and Storefronts
Section 084126 - All Glass Entrance and Store fronts
Section 088000 - Glazing
B. Applicable only as required by the work of this Bid Package:
Section 061000 - Rough Carpentry
Section 079200 - Joint Sealants
Section 081113 - Hollow Metal Doors and Frames
II.
General Considerations
GC1.0
GC2.0
GC3.0
GC4.0
April 17, 2009
WORK DESCRIPTION: Furnish all labor, materials, supervision, equipment, insurance,
overhead and profit, necessary or incidental, as required to complete the scope of work
identified in the construction drawings and applicable specification sections referenced
above. Performance of the work must include, but is not necessarily limited to the
following:
All tape, stickers and adhesive to be removed from glazing by this
Subcontractor.
Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
SPECIFIC SUMMARY OF WORK
Bid Package No. 08A - Glass Assemblies
This Subcontractor to clean glass at end of installation, using cleaning products
as recommended by the manufacturer.
This Bid Package Subcontractor is responsible for making preliminary
adjustments at the time of installation as well as any adjustments required for
final acceptance through the warranty period.
The project goal for the Discovery Place Renovation Project is seven percent
(7%). In accordance with the City of Charlotte’s Small Business Opportunity
Program, the established goal for this Bid Package is seven percent (7%).
Please refer to the SBO program policy included herein. For further questions,
please contact the SBO Program Manager for the Discovery Place Renovation
Project - Lil Associates II, Inc., Jasmine Hines, 704-372-3331 or
DIVISION OF WORK: Bid Package No. 08A - Trade Subcontractor is exclusively responsible for
work described in the following:
Rodgers Builders…Our Passion is Building.®
BPM DP Formal Phase 2 2009 04 171
Page 1 of 7 5/11/2009 4:24 PM
April 17, 2009
Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
SPECIFIC SUMMARY OF WORK
Bid Package No. 08A - Glass Assemblies
A. Glass Assemblies
A1.0
A2.0
A3.0
A4.0
A5.0
A6.0
A7.0
A8.0
A9.0
A10.0
This Bid Package is responsible for furnishing and installing temporary caulking
of windows if it is not appropriate to install with permanent caulking at the time
of the window assembly installation.
Include fabrication and installation of all glazing for doors, view windows,
storefront and curtain wall.
At the time of “dry-in” as established by Rodgers Builders, Inc. all openings
must be enclosed. Temporary measures approved by Rodgers Builders, Inc.
may be accepted if permanent enclosures are not in place. Temporary
measures must be capable of maintaining adequate temperature and humidity
conditions. Maintenance of temporary enclosures is also a part of this Bid
Package.
This Bid Package Subcontractor is responsible for final cleaning of all exterior
glass included as part of this Bid Package and is to be completed just prior to
substantial completion or as directed by Rodgers Builders, Inc.
This Bid Package Subcontractor is responsible for furnishing and installing
entry doors and all automatic door operators.
This Bid Package Subcontractor is responsible for furnishing and installing door
lites and sidelights.
Include all exterior and interior caulking required to complete storefront assuring
adequate water tightness. This includes all caulking within the windows, sill
angles and pans, and caulking between windows and adjacent surfaces.
This Bid Package Subcontractor is responsible for assuring proper measures
are taken to prevent breakage of glass, regardless of the source of the
breakage. The exception to this is breakage due to overt negligence by other
than this Subcontractor.
All associated firestopping for a complete system as it relates to this scope of
work is a part of the Masonry Bid Package, except for fire stopping contained
within the window or curtain wall systems, which is a part of this Bid Package.
All exterior windows located in masonry veneer walls will be installed prior to the
installation of the brick veneer. This Bid Package includes protecting the
windows once they are installed. This protection is separate from that provided
as a part of the Masonry Bid Package.
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Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
SPECIFIC SUMMARY OF WORK
Bid Package No. 08A - Glass Assemblies
A11.0
A12.0
A13.0
A14.0
A15.0
A16.0
A17.0
A18.0
A19.0
A20.0 This Bid Package is to include providing and installing all floor, wall and glass
mounted aluminum handrails
This Bid Package to provide and install all Glass handrail systems including but
not limited to glass, framework, cap and aluminum handrails that attach to
glass.
This Bid Package to include all door hardware for those doors included under
this Bid Package.
This Bid Package is responsible for all demolition and modification of glass
handrail systems and glass guardrail systems.
This Bid Package is responsible for furnishing and installing all sliding door
systems.
This Bid Package is responsible for providing and installing all glass handrail
systems and glass guardrail systems.
This Bid Package is responsible for furnishing and installing all pass thru
windows.
This Bid Package is responsible for demolition and refurbishment of glass
systems shown to be refurbished.
This Bid Package is responsible for relocation of the existing Handicap access
button associated with the entry door.
Frameless mirrors indicated on the drawings and specifications are to be made
part of this Bid Package.
ALL ALTERNATES, UNIT PRICES AND EQUIPMENT RATES MUST INCLUDE
SUBCONTRACTOR’S OVERHEAD, PROFIT AND BOND COSTS.
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Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
SPECIFIC SUMMARY OF WORK
Bid Package No. 08A - Glass Assemblies
1.
1.1
1.2
1.3
1.4
1.5
1.6
2.
2.1
2.2
3.
3.1
3.2
4.
4.1
4.2
4.3
Alum. Doors, Frames, Hardware - Single
Interior Glazed Aluminum Partitions
Interior Glazed Aluminum Partitions
Aluminum Entrance Doors 1 ls
ls
1 ls
Staging & Logistics 1
Alum. Doors, Frames, Hardware - Double
Sliding Glass Doors 1 ls
ea
1 ls
ea
ea Sliding Glass Doors
Layout
1
1
Mobilizations(s)
ls
Engineering / Design Services
Glass rail demo 1 ls
ls
Misc. Staging & Logistics Items
pr
Each Bid Package is required to provide a price breakdown of their lump sum bid, at bid time. The
price breakdown is for information and evaluation purposes only. The BID AMOUNT quoted shall be
the full compensation for each Bid Package as defined by the Scope of Work. Bid Amounts shall be
broken down as identified below.
Item # Item Description Quantity Unit Amounts
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Interior Renovations Phase 2 Formal Packages
SPECIFIC SUMMARY OF WORK
Bid Package No. 08A - Glass Assemblies
5.
5.1
5.2
6.
6.1
6.2
6.3
7.
7.1
7.2
7.3
7.4
8.
8.1
8.2
8.3
9.
9.1
9.2
9.3
9.4
lf
Caulking
Misc. Glazing Items 1 ls
Aluminum Punched Windows sf
Aluminum Storefront & Entrances sf
Power Door Operators ea
Aluminum Window Infill
1 lsAluminum Window Infill
ls
ea
1
pr
eaInterior Frameless Mirrors
Glazing
light and side light glass
Relocate H.C. button
Glass
Power Door Operators
Glazed Aluminum Wall Systems 1 ls
1 ls
Water Tightness Testing 1 ls
Temporary Protection
Wood Blocking & Shims
1 ls
sf
lf
Rodgers Builders…Our Passion is Building.®
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Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
SPECIFIC SUMMARY OF WORK
Bid Package No. 08A - Glass Assemblies
9.5
10.
10.1
10.2
11.
11.1
11.2
12.
12.1
12.2
12.3
1 ls
Refurbish existing glass system 1
Pass Thru Windows
Pass Thru Windows
Hand rails
Refurbish existing glass system
ls
1 ls
Aluminum handrails
Glass handrails systems
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Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
SPECIFIC SUMMARY OF WORK
Bid Package No. 08A - Glass Assemblies
LEAD TIMES:
LEAD TIMES:
Provide the Anticipated Lead-Time for:
After Receipt of Approved Shop Drawings / Samples
Provide the Anticipated Lead-Time for:
After Receipt of Approved Shop Drawings / Samples weeks
After Receipt of Approved Shop Drawings / Samples weeks
Professional Liability Insurance ($2,000,000.00) will be Provided p Yes p No
3 Bond Amount as Required by Contract Documents
T O T A L P R I C E (Lines 1 + 2 + 3 + 4)
weeks
LEAD TIMES:
Provide the Anticipated Lead-Time for:
ENTER COMPANY NAME HERE:
2 Sales Tax on Materials Incorporated into the Site & Buildings
1 Subtotal
AmountsBID SUMMARY:
Has a Bid Bond been Included as Indicated by the Contract Documents p Yes p No
MISCELLANEOUS CONSIDERATIONS:
4 Out of Town Living Expenses for Labor Crews (IF APPLICABLE)
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SBO PROVISIONS AND FORMS
Revised June 1, 2007
FOR
Discovery Place Renovations
Phase 2 – Glass Assemblies _____________________________________________________________________
Revised June 1, 2007 (E&PM)
1. APPLICATION: The City of Charlotte’s Small Business Opportunity Program (SBO Program) is incorporated into and made a part of this solicitation and the resulting contract (the “Contract”). Copies of the SBO Program may be obtained on-line at http://smallbiz.charmeck.org or from the SBO Office, 600 E. Fourth Street, Charlotte, North Carolina 28202-2850, Phone 704-336-2473. Capitalized terms used in this document are defined in the SBO Program. 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 Rodgers Builders, Inc. The SBO Program requires that you (a) meet the SBE Utilization Goal listed in Section 2 below; or (b) comply with the Good Faith Efforts requirements referenced in Section 3 below. Failure to comply with the SBO Program in the bid/proposal phase will constitute grounds for rejection of your bid. Failure to comply after contract award may result in assessment of damages or termination of your contract.
2. THE SBE UTILIZATION GOAL FOR THIS CONTRACT HAS BEEN SET AT: 7 % Each Bidder must submit the proposed SBE utilization on the Form 3 listing subcontractors and suppliers that will be providing goods or services and projected dollar amount for each SBE. Bidders must also indicate the total dollar value of SBE participation for the contract. In the event the bidder has no SBE participation, the Bidder is still required to indicate this on Form 3 by entering the word or number zero. Blank forms will be deemed to represent zero participation. Bids submitted which do not have the above required SBE information indicated on Form 3 may cause the bid to be considered non-responsive and it may be rejected. Form 3 must be submitted with your bid. Rodgers Builders, Inc. will only give Bidders credit toward the SBE Goal for those SBES that are certified SBEs as of the Bid Opening and that meet Part B Section 3 of the SBO Program. Please note that to count an SBE toward your SBE Utilization Goal; you will need to have that SBE sign a Letter of Intent on Form 4 (or an equivalent form containing the same information). Rodgers Builders, Inc. will request your Letters of Intent if you are a finalist for contract award, and you must submit a separate Form 4 for each SBE identified on the Form 3 within 3 Business Days after Rodgers Builders, Inc. requests it.
3. GOOD FAITH EFFORTS: IF YOU DO NOT MEET THE SBE UTILIZATION GOAL, then you
must meet the Good Faith Efforts requirements set forth in Part B Section 5 of the SBO Program. These are summarized below. Failure to do so will constitute grounds for rejection of your bid.
Documenting Good Faith Efforts. To demonstrate Good Faith Efforts compliance, you must complete and submit Form 5 Good Faith Efforts (GFE) / Statement of GFE Compliance. Form 5 states the minimum required Good Faith Efforts points for this Contract, and lists the number of points attainable for each type of Good Faith Effort. Rodgers Builders, Inc. will request your Good Faith Efforts (GFE) / Statement of GFE Compliance if you are a finalist for contract award, and you must submit Form 5 within 1 Business Days after the Rodgers Builders, Inc. requests it. It is important that you carefully review Part B Section 5 of the SBO Program as soon as possible so as to put yourself in a position to provide the documentation. Please note that the due date for Form 5 has been specifically modified and approved by the Department of Economic Development for the Discovery Place Renovation project in order to facilitate meeting the schedule requirements of the project. 3.1 SBE Contacts:
In order to receive credit for this Good Faith Effort at least 7 Calendar Days prior to Bid Opening, you must contact at least 2 SBE firms (the “Minimum Contacts”) listed in the SBE Source List provided with Rodgers Builders, Inc.’s bid or proposal packet or that can be found on the Small Business Development Program website located at http://epmcontracts.charmeck.org. Please refer to Part B Section 5.3.2 of the SBO Program regarding how these Minimum Contacts must be made and documented. Minimum Contacts must be recorded on Form 2, which is submitted along with Form 5. Please note that you must make the Minimum Contacts at least 7 Calendar Days before Bid Opening. It is important that you carefully review Part B Section 5.3.2 of the SBO Program as soon as possible so as to put yourself in a position to provide Form 2 and any other documentation as requested by Rodgers Builders, Inc.
Good Faith Negotiation. You must negotiate in good faith with all interested SBE firms. Part B Section 4.4 of the SBO Program defines what negotiating in “good faith” means. Among other things, it means that if an SBE is low bid on a contract for construction or for the procurement of goods, then you must contract with that SBE
Revised June 1, 2007 (E&PM)
unless it is not “Qualified” within the meaning of the SBO Program. To demonstrate Good Faith Negotiation Compliance you must submit good faith documentation as requested by Rodgers Builders, Inc. to support your efforts for each subcontracting opportunity identified by Rodgers Builders, Inc. for which the low bid by an SBE is not accepted. You must provide such forms and information within 1 Business Days after Rodgers Builders, Inc. requests it. Failure to comply with the requirements set forth in this section shall constitute grounds for rejecting a bid.
Self-Performance. Bidders that do not meet the SBE Utilization Goal and desire to self perform all of the Contract must nevertheless demonstrate that they complied with the Good Faith Efforts requirements as provided in Part B Section 5.6 of the SBO Program. Failure to do so shall constitute grounds for rejection of your bid. Bidders that intend to self perform may be required to submit additional documentation to Rodgers Builders, Inc. at least 14 calendar days prior to the Bid Opening to obtain clearance for self performance.
Plans and Specifications. Plans and Specifications may be viewed at Rodgers Builders, Inc., Center City office located at 400 West Trade Street, Charlotte, NC 28202. Other locations:
Richa Graphics 204 N. Tryon St.
Charlotte, NC 28202 704-333-9744
Carolinas AGC (CAGC) 1100 Euclid Ave
Charlotte NC 28203 704-372-1450
Metrolina Contractors Resource Center
3124 W. Trade Street, Suite A, 704-332-5746
Hispanic Contractors Association of Carolinas 2923 E Independence Blvd
Charlotte NC 28205 877-227-1680
4. MANDATORY SUBCONTRACTING REQUIREMENTS
Per Part B Section 2.5 of the SBO Program, City Council has the authority to establish mandatory, subcontracting requirements for certain contracts. The blank checked below indicates whether such requirements have been established for this Contract:
City Council has established a mandatory subcontracting requirement of percent ( %) for this Contract.
City Council has not established a mandatory subcontracting requirement for this Contract. 5. SBO PROGRAM PROVISIONS APPLICABLE AFTER CONTRACT AWARD
If you are awarded a Contract with Rodgers Builders, Inc., note in particular the following Sections of the SBO Program that relate to post award requirements and activity:
a. Compliance with committed SBE utilization level throughout the Contract per Part D Section 2 of the
SBO Program. b. Terminating or Replacing an SBE on a contract per Part D Section 5 of the SBO Program. c. New Subcontractor Opportunities/Additions to Scope, Contract Amendments per Part D Section 6 of the
SBO Program. d. Payments to SBEs per Part D Section 7 of the SBO Program. e. Utilization Reports and Documentation of Payments per Part D Section 8 of the SBO Program.
6. SBO CONTRACT PROVISIONS
The following provisions are incorporated into any contract that may result from this solicitation. Small Business Opportunity Program. Rodgers Builders, Inc. has adopted a Small Business Opportunity Program, which is posted on the City’s website and available in hard copy form upon request to Rodgers Builders, Inc.. The parties agree that:
(i) The terms of the City’s Small Business Program, as revised from time to time, together with all rules and
guidelines established under such program (collectively, the “SBO Program”) is incorporated into this Agreement by reference; and
(ii) A violation of the SBO Program shall constitute a material breach of this Agreement, and shall entitle Rodgers Builders, Inc. to exercise any of the remedies set forth in Part D of the SBO Program, including but not limited to liquidated damages; and
Revised June 1, 2007 (E&PM)
(iii) Without limiting any of the other remedies Rodgers Builders, Inc. has under the SBO Program, Rodgers Builders, Inc. shall be entitled to withhold periodic payments and final payment due to the Contractor under this Agreement until Rodgers Builders, Inc. has received in a form satisfactory to Rodgers Builders, Inc. all claim releases and other documentation required by the City’s SBO Program, and 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 G.S. 143-134.1; and
(iv) The remedies set forth in Part D Section 13 of the SBO Program shall be deemed cumulative and not exclusive and may be exercised successively or concurrently, in addition to any other available remedy; and
(v) Rodgers Builders, Inc. will incur costs if the Contractor violates the SBO Program, and such costs are difficult to ascertain due to their indefiniteness and uncertainty. Accordingly, the Contractor agrees to pay Rodgers Builders, Inc. liquidated damages at the rates set forth in Part D of the SBO Program.
(vi) The Contractor agrees to participate in any dispute resolution process specified by Rodgers Builders, Inc. from time to time for the resolution of disputes arising from the SBO Program.
(vii) Nothing in this Section shall be construed to relieve a Contractor from any obligation it may have under N.C. Gen. Stat. 143-134.1 regarding the payment of subcontractors.
Remedies for Violation of SBO Program. A violation of the SBO Program by a Contractor shall constitute a material breach of the Contract, and shall entitle Rodgers Builders, Inc. or private owner to:
(i) Exercise all rights and remedies that it may have at law or at equity for violation of the SBO Program;
Terminate the Contract for default; (ii) Suspend the Contract for default; (iii) Withhold all payments due to the Contractor under the Contract until such violation has been fully cured
or Rodgers Builders, Inc. and the Contractor have reached a mutually agreeable resolution; (iv) Assess liquidated damages as provided in the following Part D Section 13.2; and/or (v) Offset any liquidated damages and/or any amounts necessary to cure any violation of the SBO Program
from any retainage being held by Rodgers Builders, Inc. on the Contract, or from any other amounts due to the Contractor under the Contract.
The remedies set forth herein shall be deemed cumulative and not exclusive, and may be exercised successively or concurrently, in addition to any other available remedy.
Liquidated Damages. Rodgers Builders, Inc. and the Contractor acknowledge and agree that Rodgers Builders, Inc. will incur costs if the Contractor violates the SBO Program in one or more of the ways set forth below. The parties further acknowledge and agree that Rodgers Builders, Inc. will incur damages as a result of such failure, but that the costs Rodgers Builders, Inc. might reasonably be anticipated to accrue as a result of such failures are difficult to ascertain due to their indefiniteness and uncertainty. Accordingly, the Contractor agrees to pay Rodgers Builders, Inc. liquidated at the rates set forth below for each specified violation of the SBO Program. The Contractor further agrees that for each specified violation the agreed upon liquidated damages are reasonably proximate to the loss Rodgers Builders, Inc. will incur as a result of such violation:
(i) Failure to meet the SBE Goal. If Rodgers Builders, Inc. determines upon completion or termination of
a Contract that the Contractor did not meet the Committed SBE Goal and that such failure is not otherwise excused under Part D Section 2, Rodgers Builders, Inc. may assess the lesser of : (a) $30,000 or (b) the dollar difference between the Committed SBE Goal and the Contractor’s actual SBE utilization;
(ii) Using SBE as a Conduit. If the Contractor lists an SBE to receive credit toward a Committed SBE Goal with knowledge that the SBE will be acting as a Conduit or will not be performing a Commercially Useful Function reasonably commensurate with the payment amount for which the Contractor will be seeking credit, Rodgers Builders, Inc. may assess the lesser of: (a) $20,000 or (b) the dollar amount the Contractor indicated that it would pay such SBE in the SBEs contract (or if no contract has been signed, the SBE’s Letter of Intent);
(iii) Wrongful Termination or Replacement of SBE Services. If the Contractor terminates or replaces an SBE in violation of the SBO Program, Rodgers Builders, Inc. may assess the lesser of: (a) $20,000 or (b) the dollar amount of the work remaining to be performed by the terminated SBE at the time it was
Revised June 1, 2007 (E&PM)
terminated (or if the SBE was not terminated because it was never retained, then, the dollar amount that the Contractor indicated it would pay the SBE in the SBE’s letter of intent) or ;
(iv) Failure to Comply with SBO Program Upon Termination or Withdrawal by SBE. If the Contractor fails to comply with Part D Section 5 of the SBO Program upon the termination or withdrawal of an SBE the City may assess the lesser of: (a) $20,000 or (b) the dollar amount of the work remaining to be performed by the SBE that withdrew or was terminated at the time of the termination or withdrawal;
(v) Failure to Comply with SBO Program to Add New Subcontractors. If the Contractor fails to comply with Part D of the SBO Program in adding new subcontractors to a Contract, or in the event of a Contract amendment or increase in the scope of work on a contract, Rodgers Builders, Inc. may assess the lesser of: (a) $20,000; or (b) the dollar amount of the new or additional work;
(vi) False Statements and Misrepresentations. If the Contractor makes a false statement or material misrepresentation regarding any matter relevant to the SBO Program (including but not limited to information provided regarding payments made to SBEs), Rodgers Builders, Inc. may assess the lesser of: (a) $25,000; or (b) the dollar difference between what the Contractor represented and the truth;
(vii) Failure to Respond to Request for Information. If the Contractor fails to provide any report, documentation, affidavit, certification or written submission required under the SBO Program within the time period ser forth therein, Rodgers Builders, Inc. may assess $25 per day for each day that such report, documentation or written submission is overdue.
7. SBO FORMS
Bidders shall submit the following forms with Bid document or at a time specified:
Submission Requirements Form No. Notification of Subcontractor / Purchasing Opportunities. Identifies all the subcontracting or supplier opportunities available on the Contract.
Submission is optional. If submitted, it must be received by Rodgers Builders, Inc. fourteen (14) Calendar Days before the Bid Opening date.
Form 1
SBE Solicitation. Identifies all SBEs the Bidder contacted or those that contacted the Bidder and the scope of work for which they were contacted. Includes date and method of contact for SBE firms. Good Faith Negotiation is documented on this form.
Rodgers Builders, Inc. will request this form from finalists for contract award. Must submit within three (3) Business Days after requested by Rodgers Builders, Inc.
Form 2
Subcontractor / Supplier Utilization Commitment. Identifies all subcontractors, suppliers, manufacturers, brokers and/or members of a joint venture to be utilized on the contract and dollar amounts committed to SBEs. Bidders must include all subcontractors known at the time the Bid or proposal is submitted.
Due with bid.
Form 3
Letter of Intent. Bidders must submit a separate Letter of Intent executed by each SBE listed on Form 3 that the Bidder will use on the Contract.
Rodgers Builders, Inc. will request this form from finalists for contract award. Must submit within three (3) Business Days after requested by Rodgers Builders, Inc.
Form 4 or alternative as permitted by the City
Good Faith Efforts (GFE) / Statement of GFE Compliance. States the minimum GFE points required for this solicitation and the number of points attributable to each GFE item. Bidder must check each GFE item for which it earned points, as described in Part C Section 5.3 of the SBO Program.
Rodgers Builders, Inc. will request this form from finalists for contract award. Must submit within one (1) Business Days after requested by Rodgers Builders, Inc.
Form 5
Revised June 1, 2007 (E&PM)
Payment Affidavit. Contractor shall provide with each pay request to Rodgers Builders, Inc. a payment affidavit showings payments made to all subcontractors, suppliers, manufacturers, brokers, and / or members of a joint venture in connection with the contract.
Due with each pay request. Form 6 or alternative proof as permitted by the City
All SBO Forms are also available on-line at http://epmcontracts.charmeck.org. Forms must be received by fax, e-mail or US Mail.
8. Please find below a list of activities that Rodgers Builders, Inc. has identified as potential Small Business
Enterprise (SBE) subcontracting opportunities. This is a potential listing not all inclusive. Bidder may identify additional or different opportunities.
NIGP Code Description
91447 Glass and Glazing 96286 Transportation 99847 Glass 96269 Temporary Labor
A list of SBE vendors can be accessed at the following Website: http://smallbiz.charmeck.org A SBE vendor source list is also included herein.
GLASS ASSEMBLIES SBE LIST
by NIGP Code 91447 - Glass and Glazing Alston Group, LLC, The VMS #: SM16960 Physical 4298 Kiser Woods Drive Contact: Henry C. Alston Jr Address: Charlotte NC 28025 Phone: (980) 521-6787 Fax: (203) 738-2250 Mailing E-Mail: [email protected] Address: Website: Certification Dates: MWBE-Nov 2 2007 - Nov 2 2010 , SBE-Nov 2 2007 - Nov 2 2010
96269 - Personnel Services, Temporary Absolute Business Connections, Inc. VMS #: SM16725 Physical 5701 Executive Center DR Contact: Donna Rodgers Address: Charlotte NC 28212 Phone: (704) 537-0010 Fax: (704) 537-0701 Mailing P.O. Box 25767 E-Mail: [email protected] Address: Charlotte NC 28212 Website: www.absolutebusinessconnections.com Certification Dates: SBE-Sep 24 2007 - Sep 24 2010 , MWBE-Sep 24 2007 - Sep 24 2010
C.C. Smith Construction, Inc. VMS #: SM8330 Physical 9111 Washam Potts RD Contact: Zandra Smith Address: Cornelius NC 28031 Phone: (704) 890-1909 Fax: (704) 892-6137 Mailing 1022 Carter AV E-Mail: [email protected] Address: Charlotte NC 28206 Website: Certification Dates: SBE-Apr 7 2006 - Apr 7 2009 , MWBE-Apr 7 2006 - Apr 7 2009 Pro Labor Power VMS #: SM8377 Physical 9009 Albemarle RD Contact: Robert Janda Address: Charlotte NC 28227 Phone: (704) 491-0678 Fax: (815) 717-7413 Mailing 9009 Albemarle RD E-Mail: [email protected] Address: Charlotte NC 28227 Website: Certification Dates: MWBE-Feb 5 2007 - Feb 5 2010 , SBE-Feb 5 2007 - Feb 5 2010
96286 - Transportation of Goods and Other Freight Services AOL Solutions, Inc. VMS #: SM20729 Physical 1836 Center Park Dr. Contact: Michael Hosseini Address: Charlotte NC 28217 Phone: (704) 321-2596 Fax: (704) 321-2934 Mailing E-Mail: [email protected] Address: Website: Certification Dates: MWBE-Nov 3 2006 - Nov 3 2009 , SBE-Nov 3 2006 - Nov 3 2009 DLG Moving & Labor Services, Inc. VMS #: SM9140 Physical 7106 Pawtuckett RD Contact: Gregory B. Carson Address: Charlotte NC 28214 Phone: (704) 408-8354 Fax: (704) 394-2402 Mailing P.O. Box 667608 E-Mail: Address: Charlotte NC 28266 Website: Certification Dates: MWBE-Nov 3 2006 - Nov 3 2009 , SBE-Nov 3 2006 - Nov 3 2009
Express Logistics Services, Inc. VMS #: SM15648 Physical 2518 Sulleyfield PL Contact: Kojo Sapon Address: Charlotte NC 28273 Phone: (704) 241-6336 Fax: (803) 396-3896 Mailing E-Mail: [email protected] Address: Charlotte NC 28219 Website: Certification Dates: SBE-Jan 26 2007 - Jan 26 2010 , MWBE-Jan 26 2007 - Jan 26 2010
Page 1 of 2 Discovery Place Renovations - Phase 2 - Glass Assemblies
96286 - Transportation of Goods and Other Freight Services Hazel Holmes Trucking Inc. VMS #: SM8404 Physical 6116 Rozzelles Ferry RD Contact: Mr. Hazel L. Holmes Address: Charlotte NC 28214 Phone: (704) 391-0054 Fax: (704) 393-2723 Mailing P.O. Box 667565 E-Mail: [email protected] Address: Charlotte NC 28266 Website: Certification Dates: SBE-Oct 2 2006 - Oct 2 2009 , MWBE-Oct 2 2006 - Oct 2 2009
Time Delivery Express, Inc. VMS #: S15106 Physical 1486 S paraham RD Contact: Walter R. Kirkpatrick Address: York SC 29745 Phone: (803) 684-2163 Fax: (803) 684-6832 Mailing E-Mail: [email protected] Address: Website: Certification Dates: SBE-May 2 2006 - May 2 2009
99847 - Glass C. A. Scism Construction Company VMS #: SM9702 Physical 16200 Blackberry Hills DR Contact: Margaret M. Scism Address: Midland NC 28107 Phone: (704) 545-1494 Fax: (704) 545-9294 Mailing 16200 Blackberry Hills DR E-Mail: [email protected] Address: Midland NC 28107 Website: Certification Dates: MWBE-May 30 2007 - May 30 2010 , SBE-May 30 2007 - May 30 2010
Page 2 of 2 Discovery Place Renovations - Phase 2 - Glass Assemblies
Small Business Opportunity Program
Revised June 1, 2007
Notification of Subcontracting / Purchasing Opportunities SBOP Form 1
** Per Part B, Section 5.3.1 of the SBO Program, in order to receive credit as a Good Faith Effort (GFE), a Bidder must provide to Rodgers Builders Inc., no later than 14 Days before Bid Opening this Form 1 or another document providing the same information. (POTENTIAL GFE Points: 15)
Bidder Name:
Project Name: Discovery Place Renovation – Phase 2 – Glass Assemblies Project Number: 512-06-023
Identify the portions of the contract for which there are intended subcontractor, supplier, or service provider opportunities.
NIGP code Description of Service or Goods (as identified in bid)
Submit this form to: Jasmine Hines
E-mail: [email protected]
Fax Number: 704-372-3341
Small Business Opportunity Program
Revised June 1, 2007
SBE Solicitation Form SBOP Form 2 Copy this Form as needed. (page 1 of 2)
** Per Part B, Section 5.3.2.3 of the SBO Program, in order to receive credit for Contacting SBEs, a Bidder must submit an SBE Solicitation Form (Form 2) within one (1) Business Days after requested by Rodgers Builders, Inc. (POTENTIAL GFE Points: 10)
Bidder Name:
Project Name: Discovery Place Renovation – Phase 2 – Glass Assemblies Project Number: 512-06-023
SBE Firm: Contact Person: NIGP Code: Scope of Work: Initial Contact Date: Method: Phone Fax Email Courier Mail In person Follow-up: Date: Method: Phone In person Response: No response Not bidding Is bidding $ ______________ Other (explain) Selected? Yes No SBE Firm: Contact Person: NIGP Code: Scope of Work: Initial Contact: Date: Method: Phone Fax Email Courier Mail In person Follow-up: Date: Method: Phone In person Response: No response Not bidding Is bidding $ ______________ Other (explain) Selected? Yes No SBE Firm: Contact Person: NIGP Code: Scope of Work: Initial Contact: Date: Method: Phone Fax Email Courier Mail In person Follow-up: Date: Method: Phone In person Response: No response Not bidding Is bidding $ ______________ Other (explain) Selected? Yes No SBE Firm: Contact Person: NIGP Code: Scope of Work: Initial Contact: Date: Method: Phone Fax Email Courier Mail In person Follow-up: Date: Method: Phone In person Response: No response Not bidding Is bidding $ ______________ Other (explain) Selected? Yes No SBE Firm: Contact Person: NIGP Code: Scope of Work: Initial Contact: Date: Method: Phone Fax Email Courier Mail In person Follow-up: Date: Method: Phone In person Response: No response Not bidding Is bidding $ ______________ Other (explain) Selected? Yes No
Small Business Opportunity Program
Revised June 1, 2007
SBE Solicitation Form SBOP Form 2 Copy this Form as needed. (page 2 of 2)
Pursuant to Part B, Section 4.4 of the SBO Program (Failure to Negotiate In Good Faith), Rodgers Builders, Inc. may find that a Bidder did not meet its Good Faith Negotiation obligation if in Rodgers Builders’ judgment, the Bidder rejects an Interested SBE’s bid for reasons other than: (a) the SBE’s bid was higher than what was proposed by the subcontractor or supplier the Bidder decided to use or higher than the Bidder’s cost of performing such work on its own; (b) the SBE was not a “Qualified SBE” as defined in Part A; or (c) the Business Enterprise that will be performing in place of the Interested SBE is more qualified than the Interested SBE, to the extent that such difference in qualification would materially impact the Bidder’s Bid, or (d) there was a material deficiency with the Interested SBE’s bid (such as it being submitted late, containing inaccurate information, etc.). The undersigned certifies that the information submitted on this Form 2 is true and accurate as of the date indicated below. The undersign further certifies that contacts by U.S. Postal Service, telephone conversations and in person contacts documented on this Form 2 were made in accordance with the requirements of Part B, Section 5.3.2 of the SBO Program and that this shall satisfy as the affidavit confirming such contacts.
Company
Signature of Authorized Official Title Submittal Date
Sworn to before me this day of __________________________ , 200____
NOTARY PUBLIC
My commission expires on
Small Business Opportunity Program
Revised June 1, 2007
Subcontractor / Supplier Utilization Commitment SBOP Form 3 This form MUST be submitted with your bid. (page 1 of 2)
Bidder Name:
Project Name: Discovery Place Renovation – Phase 2 - Glass Assemblies Project Number: 512-06-023
1. Below is a list of all SBEs that you intend to use on this contract
SBE Name Description of work / materials NIGP code VMS # Total Projected $
I acknowledge that I have inquired with each SBE listed above as to their Certification Status (i.e. - the SBE expiration date)
2. Below is a list of all non-SBEs that you intend to use on this contract
Firm Name Description of work / materials NIGP code VMS #
Total Subcontractor / Supplier Utilization (including SBEs and Non-SBEs) $ Total SBE Utilization $
Total Bid Amount (including Contingency) $ Percent SBE Utilization (Total SBE Utilization divided by Total Bid Amount) %
** If SBE Goal is not met, please provide an explanation here:
Signature of Authorized Official Printed Name Title Submittal Date
Small Business Opportunity Program
Revised June 1, 2007
Subcontractor / Supplier Utilization Commitment SBOP Form 3 This form must be submitted with your bid. (page 2 of 2)
All Subcontractors and Suppliers must be registered with the City of Charlotte. Pursuant to Appendix A, Section 8 of the SBO Policy, each subcontractor or supplier (non-SBE and SBE subcontractors) that you use on this contract must be registered in the City’s vendor registration database. You will need to provide the vendor registration number for each subcontractor and supplier used on this contract as a condition for receiving final payment on this Contract. What happens if you add 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, pursuant to Part D of the SBO Program, you must comply with the following:
• You must maintain the level of SBE participation proposed on this form throughout the duration of the Contract, except as specifically allowed in Part D, Section 2.2.
• If you need to add or replace an SBE, you must comply with Part D, Section 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 Part D, Section 6.
Subcontractor/Supplier Utilization Commitment Pursuant to Part B, Section 3.6, Rodgers Builders Inc. Solicitation Documents for each Construction Contract will include a form labeled “Subcontractor/Supplier Utilization Commitment” (“Form 3”), which captures information regarding the SBEs and other subcontractors and suppliers that the Bidder intends to use on the Contract. Failure to properly complete and submit Form 3 with the Bid constitutes grounds for rejection of the Bid. Pursuant to Part B, Section 3.7, within (3) Business Days after receiving a request from Rodgers Builders, Inc (or within such longer time as may be communicated by Rodgers Builders, Inc. in writing), Bidders must submit a separate Letter of Intent for each SBE listed on Form 3. Bidders may use the Letter of Intent that Rodgers Builders, Inc. provides with Rodgers Builders, Inc.’s Solicitation Documents or may use an alternative form if it contains the same information as Form 4. Regardless of the form, each Letter of Intent must be executed by both the SBE and the Bidder. Rodgers Builders, Inc. shall not count proposed SBE utilization for which it has not received a Letter of Intent within such time period, unless the SBE certifies to Rodgers Builders, Inc. that it originally agreed to participate in the Contract at the level reported by the Bidder, but subsequently declined to do so.
Signature Your signature on the preceding page indicates that the undersigned Company certifies and agrees that (a) it has complied with all provisions of the SBO Program and (b) failure to properly document such compliance in the manner and within the time periods established by the SBO Program shall constitute a forfeiture of the Company’s bid bond, and shall entitle Rodgers Builders, Inc. to recover under the bid bond and, (c) in the absence of a bid bond, such failure shall entitle Rodgers Builders, Inc. to recover damages for breach of contract.
Small Business Opportunity Program
Revised June 1, 2007
Letter of Intent SBOP Form 4
** Per Part B, Section 3.7, Bidders must submit a separate Letter of Intent for each SBE listed on Form 3 within (3) Business Days after receiving a request from Rodgers Builders, Inc. Bidders may use the Form 4 provided with Rodgers Builders, Inc.’s Solicitation Documents or an alternative form containing the same information as Form 4. Each LOI must be executed by both the SBE and the Bidder.
Pursuant to Part D, Section 5.3.1, Bidders shall also be required to provide a Form 4 for each SBE they add to a Contract subsequent to Contract award. Bidder Name:
Project Name: Discovery Place Renovation – Phase 2 - Glass Assemblies Project Number: 512-06-023
Bidders must submit a separate Letter of Intent for each SBE listed on Form 3 and this form must be signed by both the Bidder and SBE firm.
A. To be completed by the Bidder/Service Provider
Name of Bidder:
Address:
Contact Person:
Telephone: Fax:
I, the bidder, acknowledge a QuickPay Commitment or QuickPay Agreement has been extended to this SBE for the work identified below, and that I have submitted, either previously or with this Form, a copy of said Agreement. YES NO
B. To be completed by SBE at any tier Name of SBE:
Address:
Contact Person:
Telephone: Fax:
I, the SBE, certify that my SBE Certification Profile is active and up to date. Certification Expiration Date: / / .
C. Identify in complete details the scope of work to be performed or item(s) to be supplied by the SBE. On unit price bids, identify which bid line item the SBE’s scope of work or supply corresponds:
D. Cost of work to be performed by SBE: $
E. Cost of work to be performed by SBE as a percentage of total amount of City contract: %
Bidder certifies that it intends to utilize the SBE listed above, and that the description, cost and percentage of work to be performed by the SBE as described above is accurate. The SBE Firm certifies that it has agreed to provide such work/supplies for the amount stated above.
Bidder: Date: Signature and Title
SBE Firm: Date: Signature and Title
Small Business Opportunity Program
Revised June 1, 2007
Good Faith Efforts (GFE) and Statement of GFE Compliance SBO Form 5 If NOT meeting the goal, Bidder must submit this form within one business days after Rodgers Builders, Inc. requests it. (Page 1 of 3)
Bidder Name:
Project Name: Discovery Place Renovation – Phase 2 - Glass Assemblies Project Number: 512-06-023
Below is a list of Good Faith Efforts as defined in Part B: Section 5.3. To the left of each item is the number of points assigned to that item for this project. Please place an “X” in the first column for each item you are claiming credit. Failure to achieve the minimum number of Good Faith Efforts points stated in the blank below constitutes grounds for rejection of your bid.
Minimum Number of GFE Points Required: 170
15 Section 5.3.1: Notification of Subcontracting Opportunities. Providing to Rodgers Builders, Inc. not later than fourteen (14) calendar days prior to Bid Opening a list of the areas in which the Bidder intends to seek subcontractors and suppliers. The Bidder may report this information on Form 1 or on another document providing the same information as Form 1.
10
Section 5.3.2: SBE Contacts: To receive credit for this GFE, the Bidder must contact a minimum number of SBEs, as specified in Rodgers Builders, Inc. Solicitation Documents. Further, a Bidder must submit an SBE Solicitation Form (“Form 2”) within 3 Business Days after Rodgers Builders, Inc. requests it, unless a different time is specified in Rodgers Builders, Inc. Solicitation Documents.
A Bidder must make the required contacts not less than 7 Days before Bid Opening to receive credit. Refer to Part B, Section 5.3.2 of the SBO Policy for requirements of the Solicitation Method, Solicitation Content, and Solicitation Documentation.
10
Section 5.3.3: Making Plans Available. Making any project descriptions, construction plans, specifications or requirements applicable to the project available for review by Interested SBEs at least seven (7) calendar days before Bid Opening.
To satisfy this requirement, the Bidder must either: (a) provide SBEs with a hard copy of the Project Documents via an acceptable means of document delivery; OR (b) provide necessary physical access and adequate time for SBEs to fully review the Project documents at the Bidder’s place of business within the Charlotte MSA or, if the Bidder has no place of business within the Charlotte MSA, at an alternate location within the Charlotte MSA where the information can be reviewed at no cost to SBEs; AND (c) notify all SBEs contacted as part of the Bidder’s Section 5.3.2 SBE contacts of the locations (including the address) where plans, specifications, and other documents applicable to the Project, can be reviewed.
15 Section 5.3.4: Breaking Down Work. To receive credit for this GFE, the Bidder MUST: (a) notify SBEs as part of a Bidder’s Section 5.3.2 SBE Contacts that the Bidder is willing to divide or combine elements of work into economically feasible units on a case-by-case basis to facilitate SBE participation, and (b) negotiate in good faith with any SBEs that request such divisions.
10 Section 5.3.5: Attendance at Pre-Bid. To receive credit for this GFE, the Bidder must attend any pre-bid meetings scheduled by Rodgers Builders, Inc. for the Contract in question.
15
Section 5.3.6: Conducting a Pre-Bid for SBEs. To receive credit for this GFE, the Bidder MUST conduct a pre-bid meeting for SBEs at least three (3) Business days prior to Bid Opening. The pre-bid meeting must take place within Mecklenburg County, or, if the Bidder has no place of business within Mecklenburg County, at an alternate location within the Charlotte MSA. Not less than 48 hours before the pre-bid meeting, the Bidder must communicate the time and location of the meeting to the SBEs that the Bidder is required to contact to earn GFE points under Section 5.3.2.
40
Section 5.3.7: Training and Mentoring. A Bidder may receive credit for this GFE in one of two (2) ways: (a) Training: Providing training or mentoring to at least two (2) SBEs within 120 days before Bid Opening and the Bidder
must have the training or mentoring certified by the Program Manager.
(b) SBDP Mentor-Protégé Program. The Bidder may also receive credit for this GFE if the Bidder demonstrates that it is participating in the Small Business Development Mentor-Protégé program and that it is a mentor in good standing. The Program Manager shall have the discretion to deny credit for mentoring and training if the mentor is not in good standing.
Small Business Opportunity Program
Revised June 1, 2007
Good Faith Efforts (GFE) and Statement of GFE Compliance SBO Form 5 (Page 2 of 3)
Bidder Name:
Project Name: Discovery Place Renovation – Phase I - Glass Assemblies Project Number: 512-06-023
10
Section 5.3.8: Working with SBE Assistance Organizations. To receive credit for this GFE, the Bidder must document that they have performed one of the following within the (120) day period preceding the Bid Opening for an SBE Assistance Organization as defined in Appendix 1 of Part A:
(a) Provide location for SBE Assistance Organization Event: Providing a meeting location for the SBE Assistance Organization to host a regular meeting or special event at no cost or at a reduced rate.
(b) Provide training for SBE Assistance Organization members: Providing training or facilitating workshops aimed at increasing the capacity or skill level or the SBE Assistance Organization members, or participating in training or a workshop sponsored by the SBE Assistance Organization.
(c) Contracting with new SBE: Documenting that the SBE Assistance Organization helped to identify an SBE with whom the Bidder subsequently subcontracted work (whether on a City Construction Contract or other contract). Rodgers Builders, Inc. will not give the Bidder credit for this GFE if the Bidder contracts with an SBE that the Bidder has used on previous projects.
20
Section 5.3.9: Bonding or Insurance Assistance on Construction Contract. To receive credit for this GFE, the Bidder must assist an SBE in obtaining its own bond or insurance coverage for a City contract or another contract by (a) providing direct assistance, (b) showing that the SBE did not have access to the bond or insurance coverage before the Bidder’s assistance; and (c) providing the assistance within the 120 Days preceding the Bid Opening.
To document satisfaction of this GFE, the Bidder must submit: (a) the name of the SBE; (b) a description of the assistance the Bidder provided; (c) the date the Bidder provided the assistance; (d) the name of a contact person with the SBE who can verify that the Bidder provided the assistance; and (e) any additional information requested by Rodgers Builders, Inc.
20
Section 5.3.10: Covering Subcontractors Under Bidder’s Bond or Insurance on the Construction Contract Up for Award. To receive credit for this GFE, the Bidder must commit to cover one or more SBEs under the Bidder’s bond or insurance for work that the Bidder and Rodgers Builders, Inc. would typically require a bond, without requiring the SBEs to provide their own bond or insurance coverage. To document satisfaction of this GFE, the Bidder must (a) identify the SBE to which the Bidder made the commitment; and (b) document that such commitment was communicated to the SBE before the Bidder received the SBE’s bid. Bidders will not receive credit for bonding SBEs on work for which Rodgers Builders, Inc. does not typically require a bond, such as hauling.
20
Section 5.3.11: Entering Into Joint Venture with SBEs. To receive credit for this GFE, the Bidder must document the existence of a Joint Venture agreement between the Bidder and an SBE that increases opportunities for SBE business participation, whether on City Contracts or other contracts. To document satisfaction of this GFE, Bidders must document that they have entered into such an agreement within the 120 Days before the Bid Opening, and such documentation must include; (a) the name of the SBE; (b) a description of the Joint Venture; (c) evidence of the date the Bidder and the SBE entered into the agreement; and (d) the name of a contact person with the SBE who can verify the terms of the agreement.
25
Section 5.3.12: Facilitating Joint Ventures between SBEs. To receive credit for this GFE, the Bidder must within the 120 Days before the Bid Opening facilitate a Joint Venture agreement between SBEs that would not otherwise be able to participate in the Construction Contract. To document satisfaction of this GFE, the Bidder must: (a) comply with Section 3.4.4 (b) submit the names of the two SBEs for which the Bidder facilitated a Joint Venture; (c) provide a description of the steps the Bidder took to facilitate the Joint Venture; and (d) provide a statement from at least one of the SBEs indicating that it would not have been able to participate in the Construction Contract but for the Joint Venture. Additionally, the SBE Joint Venture must be listed on Form 3 as an SBE participating in the Construction Contract for which the Bidder is submitting a Bid.
25
Section 5.3.13: Financial Assistance. To receive credit for this GFE, the Bidder must provide one of the following types of assistance to an SBE during the preceding 90 Days before Bid Opening: (a) assistance in obtaining equipment, a loan, capital, lines of credit, (b) joint pay agreements or guaranties to secure loans, the purchase of supplies, or letters of credit, including waiving credit that is ordinarily required; or (c) assistance in obtaining the same unit pricing with the Bidder’s suppliers as the Bidder. Such assistance may be in connection with a City Construction Contract or any other contract.
To receive credit for this GFE, Bidders must document: (a) the name of the SBE; (b) the description of the assistance the Bidder provided; (c) the date the Bidder provided the assistance; and (d) the name of a contact person with the SBE who can verify that the Bidder provided the assistance was provided.
Small Business Opportunity Program
Revised June 1, 2007
Good Faith Efforts (GFE) and Statement of GFE Compliance SBO Form 5 (Page 3 of 3)
Bidder Name:
Project Name: Discovery Place Renovation – Phase I - Glass Assemblies Project Number: 512-06-023
20
Section 5.3.14: Quick Pay Agreements On The Construction Contract Up For Award. For purposes of this Section, the term “Quick Pay Commitment” means a commitment to pay all SBEs participating in the Construction Contract within 20 Days after the Contractor confirms that the SBE has properly performed and the SBE’s work has been properly completed.
To receive credit for this GFE, Bidders must either: (a) provide Rodgers Builders, Inc. with a copy of a policy containing the above-referenced Quick Pay Commitment that the Bidder has adopted for the project and document that the Bidder informed each SBE about the Quick Pay Commitment as part of the Bidder’s SBE contacts under Section 5.3.2; OR (b) provide a legally binding Quick Pay Commitment in the form of an Agreement with each SBE that will participate in the Construction Contract up for award. Including a statement in a Bid solicitation letter indicating that the Bidder will consider entering into quick pay agreements will not suffice.
0
Section 5.3.15: Attendance at City SBO Workshops or Networking Sessions. To receive credit for this GFE, the Bidder must attend a workshop, seminar or networking session held by Rodgers Builders, Inc. to (a) educate contractors or SBEs about the requirements of the SBO Program and how Bidders can comply with the Program; or (b) increase the capacity or skill level of SBEs; or (c) provide networking opportunities for SBEs. To receive credit for this GFE, Bidders must document that they attended such a workshop or seminar during the preceding 90-Days before Bid Opening. The KBU shall not give Bidders credit toward this GFE category for the Bidder’s attendance at a Pre-Bid conference.
15
Section 5.3.16: Follow-up Contacts. To receive credit for this GFE, the Bidder must follow-up with each SBE that the Bidder contacted under Section 5.3.2 that did not reply that it was unwilling to participate in the Construction Contract.
Additionally, the Bidder must: (a) make each follow-up contact subsequent to the initial contact and at least 48 hours before Bid Opening; (b) make each follow-up contact by telephone or in person and (c) provide documentation for each follow-up contact in accordance with Section 5.3.2.3. Rodgers Builders, Inc. may request additional documentation in accordance with Section 5.3.2.4, and may verify the contacts as Rodgers Builders, Inc. deems appropriate.
15 Section 5.3.17: Achieving 50% of SBE Participation Goal. To receive credit for this GFE, the Bidder’s Committed SBE Goal must be at least 50% of the SBE Goal established by Rodgers Builders, Inc. for the Contract.
20
Section 5.3.18: Additional SBE Outreach. To receive credit for this GFE, not less than 7 Days before the Bid Opening, a Bidder must contact 75% of the total number of SBEs Rodgers Builders, Inc. lists or identifies in Rodgers Builders, Inc. Solicitation Documents for the Contract being bid. For example, if Rodgers Builders, Inc. lists 80 SBEs in Rodgers Builders, Inc. Solicitation Documents and requires that Bidders contact a minimum of 20, a Bidder would have to contact 60 SBEs to meet to receive credit under this Section. To receive credit, the Bidder must comply with the solicitation requirements outlined in Section 5.3.2.1, Section 5.3.2.2 and Section 5.3.2.3 (a) through (f).
25
Section 5.3.19: SBE Participation On Non-City Contracts. To receive credit for this GFE, the Bidder must document that during the 120-Day period before Bid Opening, the Bidder used SBEs on non-City contracts where the SBE subcontract value equaled or exceeded the amount the Bidder would have to pay SBEs to meet the SBE Goal for the Construction Contract at issue. To receive credit for this item, Bidders must document for each non-City SBE subcontract: (a) the name of the project and the parties to the contract; (b) the name of the SBEs the Bidder paid on the project; (c) the amount the Bidder paid to each SBE; and (d) any additional documentation requested by the Program Manager for verification purposes.
25
Section 5.3.20: Working With a New SBE. To receive credit for this GFE, the Bidder must document that during the 120-Day period before Bid Opening, the Bidder hired an SBE that it had not previously contracted with to perform at least $10,000 of work, whether on a City contract or other contract. To receive credit for this item, Bidders must document: (a) the name of the project on which the Bidder hired the new SBE; (b) the name of the new SBE the Bidder hired; (c) the amount the Bidder paid or the estimated amount the Bidder will pay to the new SBE; and (d) any additional documentation requested by the Program Manager for verification purposes.
375 Total Available GFE Points 170 Total GFE Points Attained
Per Part B, Section 5 of the SBO Program, if a Bidder has not fully met the SBE Goal, then it must document it has met the GFE requirements by completing this Form. Bidder must submit Form 5 within one business days after Rodgers Builders, Inc. requests it as modified for Discovery Place Renovations Only. Failure to do so constitutes grounds for rejection of the Bid.
Small Business Opportunity Program
Revised June 1, 2007
Payment Affidavit - Subcontractor / Supplier Utilization SBO Form 6 To be submitted with each request for payment from Rodgers Builders Inc. Copy this form as needed.
Invoice Amount: Payment or Invoice #:
Project Name: Discovery Place Renovation – Phase 2 - Glass Assemblies Contract Number:
Payment Period: From To KBU: (Department) Section 1: Payments to SUBCONTRACTORS Complete the chart below for all subcontractors used on the Project/Contract regardless of dollar amount. All subcontractors must be registered in the City’s Vendor Registration System.
Subcontractor’s Name Description of Work Performed NIGP Code City VMS
Number Payment
this Pay Period Cumulative Payments
Section 2: Payments to SUPPLIERS All suppliers providing goods under City contracts must be listed on the Sales Tax Statement submitted with each pay request. Rodgers Builders, Inc. may request on a case-by-case basis that the Contractor require certain suppliers to be registered in the City’s Vendor Registration System and may withhold payment of any amounts due the Contractor in the event the Contractor fails to comply with such request.
The undersigned Company certifies the preceding chart is a true and accurate statement of all payments that have been or will be made to subcontractors and suppliers on this Project/Contract. If no subcontractors or suppliers are listed on the preceding chart, the Company certifies that no subcontractors or suppliers were used in performing the Project/Contract for the payment period indicated. Failure to provide accurate and truthful information is a violation of the Small Business Opportunity Program and is subject to the sanctions prescribed therein.
This day of 200
Name of Company VMS #
Signature Print Name and Title
I. SPECIFICATION SECTIONS:
A. Applicable in total to the work of this Bid Package:
Division 00 - Procurement and Contracting Requirements (entire Section)
Division 01 - General Requirements (entire Section)
Section 081113 - Hollow Metal Doors and Frames
Section 083213 - Sliding Aluminum-Framed Glass Doors
Section 087100 - Door Hardware
B. Applicable only as required by the work of this Bid Package:
Section 061000 - Rough Carpentry
Section 079200 - Joint Sealants
Section 088000 - Glazing
II.
General Considerations
GC1.0
GC2.0
GC3.0
GC4.0
A. Glass Assemblies - Not Used
Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
SPECIFIC SUMMARY OF WORK
Bid Package No. 08B1 - Passage Door Assemblies
April 17, 2009
The project goal for the Discovery Place Renovation Project is seven percent
(7%). In accordance with the City of Charlotte’s Small Business Opportunity
Program, the established goal for this Bid Package is seven percent (7%).
Please refer to the SBO program policy included herein. For further questions,
please contact the SBO Program Manager for the Discovery Place Renovation
Project - Lil Associates II, Inc., Jasmine Hines, 704-372-3331 or
DIVISION OF WORK: Bid Package No. 08B1 - Trade Subcontractor is exclusively responsible for
work described in the following:
WORK DESCRIPTION: Furnish all labor, materials, supervision, equipment, insurance,
overhead and profit, necessary or incidental, as required to complete the scope of work
identified in the construction drawings and applicable specification sections referenced
above. Performance of the work must include, but is not necessarily limited to the
following:
All tape, stickers and adhesive to be removed from glazing by this
Subcontractor.
This Subcontractor to clean glass at end of installation, using cleaning products
as recommended by the manufacturer.
This Bid Package Subcontractor is responsible for making preliminary
adjustments at the time of installation as well as any adjustments required for
final acceptance through the warranty period.
Rodgers Builders…Our Passion is Building.®
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Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
SPECIFIC SUMMARY OF WORK
Bid Package No. 08B1 - Passage Door Assemblies
April 17, 2009
B. Passage Door Assemblies
B1.0
B2.0
B3.0
B4.0
B5.0
B6.0
B7.0
B8.0
B9.0
B10.0
ALL ALTERNATES, UNIT PRICES AND EQUIPMENT RATES MUST INCLUDE
SUBCONTRACTOR’S OVERHEAD, PROFIT AND BOND COSTS.
This Bid Package includes all provisions for keying and cores as detailed in the
Specifications including construction keying for duration of construction until final
keying is installed.
Furnish all hollow metal door and window frames. Installation is by others.
Furnish and install all hollow metal doors, wood doors, laminated-face doors,
wood frames, pre-assembled door and frame units, and hardware, including but
not limited too, cylinders, magnetic hold opens, and security provisions.
Hardware installation to be in accordance with Subcontractor schedule and
sequence.
Verify electrical drawings and electrical hardware requirements are coordinated.
In the case that the opening or hardware schedule conflicts with electrical rough
in, the required rough-in will be provided in the frame based on the most
stringent requirement.
Include all pre-machining, pre-fitting, and pre-finishing of all wood doors, if
applicable
This Bid Package Subcontractor is responsible for preliminary adjustments
required during installation and is responsible for the adjustment required at the
time of final acceptance by Rodgers Builders, Inc., the Owner, and the Architect
along with re-adjustments required at the end of the Warranty period.
Upon completion of installation, a copy of the door and hardware schedule for
this Bid Package is to be turned over to Rodgers Builders, Inc. with all items
individually checked, verified, signed and dated as installed completely and
operating properly.
This Bid Package includes furnishing and installing all stainless steel hardware.
All frames to include conduit and electrical box and prep for electric hinges,
strikes, contact switches, car readers, or other elements as required by the
drawings and specifications.
This Bid Package responsible for fabricating and installing custom doors and
"hidden doors" and associated hardware.
Rodgers Builders…Our Passion is Building.®
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Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
SPECIFIC SUMMARY OF WORK
Bid Package No. 08B1 - Passage Door Assemblies
April 17, 2009
1.
1.1
1.2
1.3
1.4
2.
2.1
2.2
2.3
2.4
2.5
3.
3.1
Engineering / Design Services -as applicable
ea
ls
Quantity UnitItem # Item Description Amounts
Misc. Staging & Logistics Items
Mobilizations(s)
Staging & Logistics 1
Each Bid Package is required to provide a price breakdown of their lump sum bid at bid time. The price
breakdown is for information and evaluation purposes only. The BID AMOUNT quoted shall be the full
compensation for each Bid Package as defined by the Scope of Work. Bid Amounts shall be broken
down as identified below.
Hollow Metal Doors
ls
ea
Wood Doors -if applicable
Flush Wood Doors-if applicable
Layout
1
HM Door Frames - Single
ls
ea
Hollow Metal 1
HM Window Frames
HM Door Frames - Double
HM Door Frames - Sidelites ea
ea
ea
Rodgers Builders…Our Passion is Building.®
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Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
SPECIFIC SUMMARY OF WORK
Bid Package No. 08B1 - Passage Door Assemblies
April 17, 2009
4.
4.1
4.2
4.3
4.4
5.
5.1
5.2
Hardware for HM Doors
ea
eaHardware for Aluminum Doors
HM Door and Window Frames
Items Furnished FOB Jobsite for Installation by
Others - Finish Door Hardware
1
Finish Door Hardware
Stainless Steel Hardware
Keying and Coreing
1 ls
ea
ls
Rodgers Builders…Our Passion is Building.®
BPM DP Formal Phase 2 2009 04 171
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Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
SPECIFIC SUMMARY OF WORK
Bid Package No. 08B1 - Passage Door Assemblies
April 17, 2009
Provide the Anticipated Lead-Time for:
After Receipt of Approved Shop Drawings / Samples weeks
LEAD TIMES:
p Yes p No
Provide the Anticipated Lead-Time for:
Has a Bid Bond been Included as Indicated by the Contract Documents
MISCELLANEOUS CONSIDERATIONS:
ENTER COMPANY NAME HERE:
2 Sales Tax on Materials Incorporated into the Site & Buildings
1 Subtotal
LEAD TIMES:
LEAD TIMES:
Provide the Anticipated Lead-Time for:
After Receipt of Approved Shop Drawings / Samples weeks
After Receipt of Approved Shop Drawings / Samples weeks
T O T A L P R I C E (Lines 1 + 2 + 3)
p NoProfessional Liability Insurance ($2,000,000.00) will be Provided Yes
AmountsBID SUMMARY:
3 Bond Amount as Required by Contract Documents
p
Rodgers Builders…Our Passion is Building.®
BPM DP Formal Phase 2 2009 04 171
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SBO PROVISIONS AND FORMS
Revised June 1, 2007
FOR
Discovery Place Renovations
Phase 2 – Passage Door Assemblies _____________________________________________________________________
Revised June 1, 2007 (E&PM)
1. APPLICATION: The City of Charlotte’s Small Business Opportunity Program (SBO Program) is incorporated into and made a part of this solicitation and the resulting contract (the “Contract”). Copies of the SBO Program may be obtained on-line at http://smallbiz.charmeck.org or from the SBO Office, 600 E. Fourth Street, Charlotte, North Carolina 28202-2850, Phone 704-336-2473. Capitalized terms used in this document are defined in the SBO Program. 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 Rodgers Builders, Inc. The SBO Program requires that you (a) meet the SBE Utilization Goal listed in Section 2 below; or (b) comply with the Good Faith Efforts requirements referenced in Section 3 below. Failure to comply with the SBO Program in the bid/proposal phase will constitute grounds for rejection of your bid. Failure to comply after contract award may result in assessment of damages or termination of your contract.
2. THE SBE UTILIZATION GOAL FOR THIS CONTRACT HAS BEEN SET AT: 7 % Each Bidder must submit the proposed SBE utilization on the Form 3 listing subcontractors and suppliers that will be providing goods or services and projected dollar amount for each SBE. Bidders must also indicate the total dollar value of SBE participation for the contract. In the event the bidder has no SBE participation, the Bidder is still required to indicate this on Form 3 by entering the word or number zero. Blank forms will be deemed to represent zero participation. Bids submitted which do not have the above required SBE information indicated on Form 3 may cause the bid to be considered non-responsive and it may be rejected. Form 3 must be submitted with your bid. Rodgers Builders, Inc. will only give Bidders credit toward the SBE Goal for those SBES that are certified SBEs as of the Bid Opening and that meet Part B Section 3 of the SBO Program. Please note that to count an SBE toward your SBE Utilization Goal; you will need to have that SBE sign a Letter of Intent on Form 4 (or an equivalent form containing the same information). Rodgers Builders, Inc. will request your Letters of Intent if you are a finalist for contract award, and you must submit a separate Form 4 for each SBE identified on the Form 3 within 3 Business Days after Rodgers Builders, Inc. requests it.
3. GOOD FAITH EFFORTS: IF YOU DO NOT MEET THE SBE UTILIZATION GOAL, then you
must meet the Good Faith Efforts requirements set forth in Part B Section 5 of the SBO Program. These are summarized below. Failure to do so will constitute grounds for rejection of your bid.
Documenting Good Faith Efforts. To demonstrate Good Faith Efforts compliance, you must complete and submit Form 5 Good Faith Efforts (GFE) / Statement of GFE Compliance. Form 5 states the minimum required Good Faith Efforts points for this Contract, and lists the number of points attainable for each type of Good Faith Effort. Rodgers Builders, Inc. will request your Good Faith Efforts (GFE) / Statement of GFE Compliance if you are a finalist for contract award, and you must submit Form 5 within 1 Business Days after the Rodgers Builders, Inc. requests it. It is important that you carefully review Part B Section 5 of the SBO Program as soon as possible so as to put yourself in a position to provide the documentation. Please note that the due date for Form 5 has been specifically modified and approved by the Department of Economic Development for the Discovery Place Renovation project in order to facilitate meeting the schedule requirements of the project. 3.1 SBE Contacts:
In order to receive credit for this Good Faith Effort at least 7 Calendar Days prior to Bid Opening, you must contact at least 2 SBE firms (the “Minimum Contacts”) listed in the SBE Source List provided with Rodgers Builders, Inc.’s bid or proposal packet or that can be found on the Small Business Development Program website located at http://epmcontracts.charmeck.org. Please refer to Part B Section 5.3.2 of the SBO Program regarding how these Minimum Contacts must be made and documented. Minimum Contacts must be recorded on Form 2, which is submitted along with Form 5. Please note that you must make the Minimum Contacts at least 7 Calendar Days before Bid Opening. It is important that you carefully review Part B Section 5.3.2 of the SBO Program as soon as possible so as to put yourself in a position to provide Form 2 and any other documentation as requested by Rodgers Builders, Inc.
Good Faith Negotiation. You must negotiate in good faith with all interested SBE firms. Part B Section 4.4 of the SBO Program defines what negotiating in “good faith” means. Among other things, it means that if an SBE is low bid on a contract for construction or for the procurement of goods, then you must contract with that SBE
Revised June 1, 2007 (E&PM)
unless it is not “Qualified” within the meaning of the SBO Program. To demonstrate Good Faith Negotiation Compliance you must submit good faith documentation as requested by Rodgers Builders, Inc. to support your efforts for each subcontracting opportunity identified by Rodgers Builders, Inc. for which the low bid by an SBE is not accepted. You must provide such forms and information within 1 Business Days after Rodgers Builders, Inc. requests it. Failure to comply with the requirements set forth in this section shall constitute grounds for rejecting a bid.
Self-Performance. Bidders that do not meet the SBE Utilization Goal and desire to self perform all of the Contract must nevertheless demonstrate that they complied with the Good Faith Efforts requirements as provided in Part B Section 5.6 of the SBO Program. Failure to do so shall constitute grounds for rejection of your bid. Bidders that intend to self perform may be required to submit additional documentation to Rodgers Builders, Inc. at least 14 calendar days prior to the Bid Opening to obtain clearance for self performance.
Plans and Specifications. Plans and Specifications may be viewed at Rodgers Builders, Inc., Center City office located at 400 West Trade Street, Charlotte, NC 28202. Other locations:
Richa Graphics 204 N. Tryon St.
Charlotte, NC 28202 704-333-9744
Carolinas AGC (CAGC) 1100 Euclid Ave
Charlotte NC 28203 704-372-1450
Metrolina Contractors Resource Center
3124 W. Trade Street, Suite A, 704-332-5746
Hispanic Contractors Association of Carolinas 2923 E Independence Blvd
Charlotte NC 28205 877-227-1680
4. MANDATORY SUBCONTRACTING REQUIREMENTS
Per Part B Section 2.5 of the SBO Program, City Council has the authority to establish mandatory, subcontracting requirements for certain contracts. The blank checked below indicates whether such requirements have been established for this Contract:
City Council has established a mandatory subcontracting requirement of percent ( %) for this Contract.
City Council has not established a mandatory subcontracting requirement for this Contract. 5. SBO PROGRAM PROVISIONS APPLICABLE AFTER CONTRACT AWARD
If you are awarded a Contract with Rodgers Builders, Inc., note in particular the following Sections of the SBO Program that relate to post award requirements and activity:
a. Compliance with committed SBE utilization level throughout the Contract per Part D Section 2 of the
SBO Program. b. Terminating or Replacing an SBE on a contract per Part D Section 5 of the SBO Program. c. New Subcontractor Opportunities/Additions to Scope, Contract Amendments per Part D Section 6 of the
SBO Program. d. Payments to SBEs per Part D Section 7 of the SBO Program. e. Utilization Reports and Documentation of Payments per Part D Section 8 of the SBO Program.
6. SBO CONTRACT PROVISIONS
The following provisions are incorporated into any contract that may result from this solicitation. Small Business Opportunity Program. Rodgers Builders, Inc. has adopted a Small Business Opportunity Program, which is posted on the City’s website and available in hard copy form upon request to Rodgers Builders, Inc.. The parties agree that:
(i) The terms of the City’s Small Business Program, as revised from time to time, together with all rules and
guidelines established under such program (collectively, the “SBO Program”) is incorporated into this Agreement by reference; and
(ii) A violation of the SBO Program shall constitute a material breach of this Agreement, and shall entitle Rodgers Builders, Inc. to exercise any of the remedies set forth in Part D of the SBO Program, including but not limited to liquidated damages; and
Revised June 1, 2007 (E&PM)
(iii) Without limiting any of the other remedies Rodgers Builders, Inc. has under the SBO Program, Rodgers Builders, Inc. shall be entitled to withhold periodic payments and final payment due to the Contractor under this Agreement until Rodgers Builders, Inc. has received in a form satisfactory to Rodgers Builders, Inc. all claim releases and other documentation required by the City’s SBO Program, and 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 G.S. 143-134.1; and
(iv) The remedies set forth in Part D Section 13 of the SBO Program shall be deemed cumulative and not exclusive and may be exercised successively or concurrently, in addition to any other available remedy; and
(v) Rodgers Builders, Inc. will incur costs if the Contractor violates the SBO Program, and such costs are difficult to ascertain due to their indefiniteness and uncertainty. Accordingly, the Contractor agrees to pay Rodgers Builders, Inc. liquidated damages at the rates set forth in Part D of the SBO Program.
(vi) The Contractor agrees to participate in any dispute resolution process specified by Rodgers Builders, Inc. from time to time for the resolution of disputes arising from the SBO Program.
(vii) Nothing in this Section shall be construed to relieve a Contractor from any obligation it may have under N.C. Gen. Stat. 143-134.1 regarding the payment of subcontractors.
Remedies for Violation of SBO Program. A violation of the SBO Program by a Contractor shall constitute a material breach of the Contract, and shall entitle Rodgers Builders, Inc. or private owner to:
(i) Exercise all rights and remedies that it may have at law or at equity for violation of the SBO Program;
Terminate the Contract for default; (ii) Suspend the Contract for default; (iii) Withhold all payments due to the Contractor under the Contract until such violation has been fully cured
or Rodgers Builders, Inc. and the Contractor have reached a mutually agreeable resolution; (iv) Assess liquidated damages as provided in the following Part D Section 13.2; and/or (v) Offset any liquidated damages and/or any amounts necessary to cure any violation of the SBO Program
from any retainage being held by Rodgers Builders, Inc. on the Contract, or from any other amounts due to the Contractor under the Contract.
The remedies set forth herein shall be deemed cumulative and not exclusive, and may be exercised successively or concurrently, in addition to any other available remedy.
Liquidated Damages. Rodgers Builders, Inc. and the Contractor acknowledge and agree that Rodgers Builders, Inc. will incur costs if the Contractor violates the SBO Program in one or more of the ways set forth below. The parties further acknowledge and agree that Rodgers Builders, Inc. will incur damages as a result of such failure, but that the costs Rodgers Builders, Inc. might reasonably be anticipated to accrue as a result of such failures are difficult to ascertain due to their indefiniteness and uncertainty. Accordingly, the Contractor agrees to pay Rodgers Builders, Inc. liquidated at the rates set forth below for each specified violation of the SBO Program. The Contractor further agrees that for each specified violation the agreed upon liquidated damages are reasonably proximate to the loss Rodgers Builders, Inc. will incur as a result of such violation:
(i) Failure to meet the SBE Goal. If Rodgers Builders, Inc. determines upon completion or termination of
a Contract that the Contractor did not meet the Committed SBE Goal and that such failure is not otherwise excused under Part D Section 2, Rodgers Builders, Inc. may assess the lesser of : (a) $30,000 or (b) the dollar difference between the Committed SBE Goal and the Contractor’s actual SBE utilization;
(ii) Using SBE as a Conduit. If the Contractor lists an SBE to receive credit toward a Committed SBE Goal with knowledge that the SBE will be acting as a Conduit or will not be performing a Commercially Useful Function reasonably commensurate with the payment amount for which the Contractor will be seeking credit, Rodgers Builders, Inc. may assess the lesser of: (a) $20,000 or (b) the dollar amount the Contractor indicated that it would pay such SBE in the SBEs contract (or if no contract has been signed, the SBE’s Letter of Intent);
(iii) Wrongful Termination or Replacement of SBE Services. If the Contractor terminates or replaces an SBE in violation of the SBO Program, Rodgers Builders, Inc. may assess the lesser of: (a) $20,000 or (b) the dollar amount of the work remaining to be performed by the terminated SBE at the time it was
Revised June 1, 2007 (E&PM)
terminated (or if the SBE was not terminated because it was never retained, then, the dollar amount that the Contractor indicated it would pay the SBE in the SBE’s letter of intent) or ;
(iv) Failure to Comply with SBO Program Upon Termination or Withdrawal by SBE. If the Contractor fails to comply with Part D Section 5 of the SBO Program upon the termination or withdrawal of an SBE the City may assess the lesser of: (a) $20,000 or (b) the dollar amount of the work remaining to be performed by the SBE that withdrew or was terminated at the time of the termination or withdrawal;
(v) Failure to Comply with SBO Program to Add New Subcontractors. If the Contractor fails to comply with Part D of the SBO Program in adding new subcontractors to a Contract, or in the event of a Contract amendment or increase in the scope of work on a contract, Rodgers Builders, Inc. may assess the lesser of: (a) $20,000; or (b) the dollar amount of the new or additional work;
(vi) False Statements and Misrepresentations. If the Contractor makes a false statement or material misrepresentation regarding any matter relevant to the SBO Program (including but not limited to information provided regarding payments made to SBEs), Rodgers Builders, Inc. may assess the lesser of: (a) $25,000; or (b) the dollar difference between what the Contractor represented and the truth;
(vii) Failure to Respond to Request for Information. If the Contractor fails to provide any report, documentation, affidavit, certification or written submission required under the SBO Program within the time period ser forth therein, Rodgers Builders, Inc. may assess $25 per day for each day that such report, documentation or written submission is overdue.
7. SBO FORMS
Bidders shall submit the following forms with Bid document or at a time specified:
Submission Requirements Form No. Notification of Subcontractor / Purchasing Opportunities. Identifies all the subcontracting or supplier opportunities available on the Contract.
Submission is optional. If submitted, it must be received by Rodgers Builders, Inc. fourteen (14) Calendar Days before the Bid Opening date.
Form 1
SBE Solicitation. Identifies all SBEs the Bidder contacted or those that contacted the Bidder and the scope of work for which they were contacted. Includes date and method of contact for SBE firms. Good Faith Negotiation is documented on this form.
Rodgers Builders, Inc. will request this form from finalists for contract award. Must submit within three (3) Business Days after requested by Rodgers Builders, Inc.
Form 2
Subcontractor / Supplier Utilization Commitment. Identifies all subcontractors, suppliers, manufacturers, brokers and/or members of a joint venture to be utilized on the contract and dollar amounts committed to SBEs. Bidders must include all subcontractors known at the time the Bid or proposal is submitted.
Due with bid.
Form 3
Letter of Intent. Bidders must submit a separate Letter of Intent executed by each SBE listed on Form 3 that the Bidder will use on the Contract.
Rodgers Builders, Inc. will request this form from finalists for contract award. Must submit within three (3) Business Days after requested by Rodgers Builders, Inc.
Form 4 or alternative as permitted by the City
Good Faith Efforts (GFE) / Statement of GFE Compliance. States the minimum GFE points required for this solicitation and the number of points attributable to each GFE item. Bidder must check each GFE item for which it earned points, as described in Part C Section 5.3 of the SBO Program.
Rodgers Builders, Inc. will request this form from finalists for contract award. Must submit within one (1) Business Days after requested by Rodgers Builders, Inc.
Form 5
Revised June 1, 2007 (E&PM)
Payment Affidavit. Contractor shall provide with each pay request to Rodgers Builders, Inc. a payment affidavit showings payments made to all subcontractors, suppliers, manufacturers, brokers, and / or members of a joint venture in connection with the contract.
Due with each pay request. Form 6 or alternative proof as permitted by the City
All SBO Forms are also available on-line at http://epmcontracts.charmeck.org. Forms must be received by fax, e-mail or US Mail.
8. Please find below a list of activities that Rodgers Builders, Inc. has identified as potential Small Business
Enterprise (SBE) subcontracting opportunities. This is a potential listing not all inclusive. Bidder may identify additional or different opportunities.
NIGP Code Description
15027 Doors, Frames and Jambs, Wood 55931 Doors and Windows 90937 Doors and Windows 91041 Door Installation, Maintenance and Repair (Metal) 91015 Door Installation, Maintenance and Repair (Wood) 96269 Temporary Labor 96286 Transportation
A list of SBE vendors can be accessed at the following Website: http://smallbiz.charmeck.org A SBE vendor source list is also included herein.
PASSAGE DOOR ASSEMBLIES SBE LIST
by NIGP Code
15027 - Doors, Frames, and Jambs, Wood Alston Group, LLC, The VMS #: SM16960 Physical 4298 Kiser Woods Drive Contact: Henry C. Alston Jr Address: Charlotte NC 28025 Phone: (980) 521-6787 Fax: (203) 738-2250 Mailing E-Mail: [email protected] Address: Website: Certification Dates: MWBE-Nov 2 2007 - Nov 2 2010 , SBE-Nov 2 2007 - Nov 2 2010
Schotte 1 Construction Inc VMS #: SM16869 Physical 5311 77 Center Drive Contact: Fritz Schotte Address: Charlotte NC 28202 Phone: (704) 401-8945 Fax: (704) 529-2664 Mailing E-Mail: [email protected] Address: Website: Certification Dates: MWBE-Oct 9 2007 - Oct 9 2010 , SBE-Oct 9 2007 - Oct 9 2010
55931 - Doors and Windows Do It All Interiors Remodeling & Renovations VMS #: SM9883 Physical 6206 Cross Creek LN Contact: Raymond A. Brown Address: Charlotte NC 28212 Phone: (980) 721-6391 Fax: Mailing P.O. Box 30701 E-Mail: [email protected] Address: Charlotte NC 28230 Website: Certification Dates: MWBE-Oct 17 2007 - Oct 17 2010 , SBE-Oct 17 2007 - Oct 17 2010
Right Now Contractors, Inc VMS #: S14772 Physical 2763 Hwy 150e Contact: Larry R. Eller Address: Lincolnton NC 28092 Phone: (704) 572-0375 Fax: (704) 735-0330 Mailing E-Mail: [email protected] Address: Website: Certification Dates: SBE-Feb 2 2006 - Feb 2 2009
Wilson & Sons Construction VMS #: SM12976 Physical 3473 Walker RD Contact: Mitzi Tomanchek Address: Maiden NC 28650 Phone: (828) 428-0165 Fax: (828) 428-0165 Mailing E-Mail: [email protected] Address: Website: Certification Dates: SBE-Apr 12 2005 - Apr 12 2008 , MWBE-Apr 12 2005 - Apr 12 2008
Window2Wall, Inc. VMS #: SM16898 Physical 1224 W Franklin BV Contact: Michael Feaster Address: Gastonia NC 28052 Phone: (704) 675-5455 Fax: (704) 675-5539 Mailing 617 Clearwood CT E-Mail: [email protected] Address: Gastonia NC 28052 Website: Certification Dates: SBE-Feb 5 2008 - Feb 5 2011 , MWBE-Feb 5 2008 - Feb 5 2011
Page 1 of 4 Discovery Place Renovations - Phase 2 - Passage Door Assemblies
90937 - Doors and Windows Williams Realty & Remodeling, Inc. VMS #: SM17186 Physical 2317 Laura DR Contact: Michael Williams Address: Charlotte NC 28212 Phone: (704) 804-1112 Fax: (704) 804-1112 Mailing E-Mail: williamsrealtyand [email protected] Address: Website: www.myspace.com/williamsremodeling Certification Dates: MWBE-Feb 8 2008 - Feb 8 2011 , SBE-Feb 8 2008 - Feb 8 2011
91014 - Door Installation, Maintenance, and Repair (Metal) All American Landscaping Management VMS #: SM15919 Physical 4115 Rosefield CT Contact: Rafael Lopez Address: Charlotte NC 28215 Phone: (704) 499-8404 Fax: (704) 499-8404 Mailing E-Mail: [email protected] Address: Website: Certification Dates: MWBE-Mar 8 2007 - Mar 8 2010 , SBE-Mar 8 2007 - Mar 8 2010
Stuart Page Company, Inc. VMS #: SM9196 Physical 1801 Stallings RD Contact: Kimberly A. Page Address: Charlotte NC 28105 Phone: (704) 545-0695 Fax: (704) 545-0472 Mailing P.O. Box 691443 E-Mail: [email protected] Address: Charlotte NC 28227 Website: www.stuartpagecompany.com Certification Dates: MWBE-Nov 26 2007 - Nov 26 2010 , SBE-Jan 8 2008 - Jan 8 2011
91015 - Door Installation, Maintenance, and Repair (Wood) All American Landscaping Management VMS #: SM15919 Physical 4115 Rosefield CT Contact: Rafael Lopez Address: Charlotte NC 28215 Phone: (704) 499-8404 Fax: (704) 499-8404 Mailing E-Mail: [email protected] Address: Website: Certification Dates: MWBE-Mar 8 2007 - Mar 8 2010 , SBE-Mar 8 2007 - Mar 8 2010
Schotte 1 Construction Inc VMS #: SM16869 Physical 5311 77 Center Drive Contact: Fritz Schotte Address: Charlotte NC 28202 Phone: (704) 401-8945 Fax: (704) 529-2664 Mailing E-Mail: [email protected] Address: Website: Certification Dates: MWBE-Oct 9 2007 - Oct 9 2010 , SBE-Oct 9 2007 - Oct 9 2010
Southern Door Supply Co. Inc VMS #: SM16224 Physical 1435 S Mint ST Contact: Kathleen Fennell Address: Charlotte NC 28203 Phone: (704) 400-6393 Fax: (704) 377-9085 Mailing 2014 Bay ST E-Mail: [email protected] Address: Charlotte NC 28205 Website: Certification Dates: MWBE-Apr 16 2007 - Apr 16 2010 , SBE-Apr 16 2007 - Apr 16 2010 91015 - Door Installation, Maintenance, and Repair (Wood) Williams Realty & Remodeling, Inc. VMS #: SM17186 Physical 2317 Laura DR Contact: Michael Williams Address: Charlotte NC 28212 Phone: (704) 804-1112 Fax: (704) 804-1112 Mailing E-Mail: williamsrealtyand [email protected] Address: Website: www.myspace.com/williamsremodeling Certification Dates: MWBE-Feb 8 2008 - Feb 8 2011 , SBE-Feb 8 2008 - Feb 8 2011
Page 2 of 4 Discovery Place Renovations - Phase 2 – Passage Door Assemblies
91015 - Door Installation, Maintenance, and Repair (Wood) Window2Wall, Inc. VMS #: SM16898 Physical 1224 W Franklin BV Contact: Michael Feaster Address: Gastonia NC 28052 Phone: (704) 675-5455 Fax: (704) 675-5539 Mailing 617 Clearwood CT E-Mail: [email protected] Address: Gastonia NC 28052 Website: Certification Dates: SBE-Feb 5 2008 - Feb 5 2011 , MWBE-Feb 5 2008 - Feb 5 2011
96269 - Personnel Services, Temporary Absolute Business Connections, Inc. VMS #: SM16725 Physical 5701 Executive Center DR Contact: Donna Rodgers Address: Charlotte NC 28212 Phone: (704) 537-0010 Fax: (704) 537-0701 Mailing P.O. Box 25767 E-Mail: [email protected] Address: Charlotte NC 28212 Website: www.absolutebusinessconnections.com Certification Dates: SBE-Sep 24 2007 - Sep 24 2010 , MWBE-Sep 24 2007 - Sep 24 2010 C.C. Smith Construction, Inc. VMS #: SM8330 Physical 9111 Washam Potts RD Contact: Zandra Smith Address: Cornelius NC 28031 Phone: (704) 890-1909 Fax: (704) 892-6137 Mailing 1022 Carter AV E-Mail: [email protected] Address: Charlotte NC 28206 Website: Certification Dates: SBE-Apr 7 2006 - Apr 7 2009 , MWBE-Apr 7 2006 - Apr 7 2009
Pro Labor Power VMS #: SM8377 Physical 9009 Albemarle RD Contact: Robert Janda Address: Charlotte NC 28227 Phone: (704) 491-0678 Fax: (815) 717-7413 Mailing 9009 Albemarle RD E-Mail: [email protected] Address: Charlotte NC 28227 Website: Certification Dates: MWBE-Feb 5 2007 - Feb 5 2010 , SBE-Feb 5 2007 - Feb 5 2010
96286 - Transportation of Goods and Other Freight Services DLG Moving & Labor Services, Inc. VMS #: SM9140 Physical 7106 Pawtuckett RD Contact: Gregory B. Carson Address: Charlotte NC 28214 Phone: (704) 408-8354 Fax: (704) 394-2402 Mailing P.O. Box 667608 E-Mail: Address: Charlotte NC 28266 Website: Certification Dates: MWBE-Nov 3 2006 - Nov 3 2009 , SBE-Nov 3 2006 - Nov 3 2009 Express Logistics Services, Inc. VMS #: SM15648 Physical 2518 Sulleyfield PL Contact: Kojo Sapon Address: Charlotte NC 28273 Phone: (704) 241-6336 Fax: (803) 396-3896 Mailing E-Mail: [email protected] Address: Charlotte NC 28219 Website: Certification Dates: SBE-Jan 26 2007 - Jan 26 2010 , MWBE-Jan 26 2007 - Jan 26 2010
Hazel Holmes Trucking Inc. VMS #: SM8404 Physical 6116 Rozzelles Ferry RD Contact: Mr. Hazel L. Holmes Address: Charlotte NC 28214 Phone: (704) 391-0054 Fax: (704) 393-2723 Mailing P.O. Box 667565 E-Mail: [email protected] Address: Charlotte NC 28266 Website: Certification Dates: SBE-Oct 2 2006 - Oct 2 2009 , MWBE-Oct 2 2006 - Oct 2 2009
Page 3 of 4 Discovery Place Renovations - Phase 2 – Passage Door Assemblies
96286 - Transportation of Goods and Other Freight Services Time Delivery Express, Inc. VMS #: S15106 Physical 1486 S paraham RD Contact: Walter R. Kirkpatrick Address: York SC 29745 Phone: (803) 684-2163 Fax: (803) 684-6832 Mailing E-Mail: [email protected] Address: Website: Certification Dates: SBE-May 2 2006 - May 2 2009
WC Courier Services, Inc VMS #: SM14444 Physical 1101 Tyvola RD Contact: Woody Cherenfant Address: Charlotte NC 28217 Phone: (704) 525-2929 Fax: (704) 525-2928 Mailing E-Mail: [email protected] Address: Website: Certification Dates: SBE-Nov 10 2005 - Nov 10 2008 , MWBE-Nov 10 2005 - Nov 10 2008
Page 4 of 4 Discovery Place Renovations - Phase 2 – Passage Door Assemblies
Small Business Opportunity Program
Revised June 1, 2007
Notification of Subcontracting / Purchasing Opportunities SBOP Form 1
** Per Part B, Section 5.3.1 of the SBO Program, in order to receive credit as a Good Faith Effort (GFE), a Bidder must provide to Rodgers Builders Inc., no later than 14 Days before Bid Opening this Form 1 or another document providing the same information. (POTENTIAL GFE Points: 15)
Bidder Name:
Project Name: Discovery Place Renovation – Phase 2 – Passage Door Assemblies Project Number: 512-06-023
Identify the portions of the contract for which there are intended subcontractor, supplier, or service provider opportunities.
NIGP code Description of Service or Goods (as identified in bid)
Submit this form to: Jasmine Hines
E-mail: [email protected]
Fax Number: 704-372-3341
Small Business Opportunity Program
Revised June 1, 2007
SBE Solicitation Form SBOP Form 2 Copy this Form as needed. (page 1 of 2)
** Per Part B, Section 5.3.2.3 of the SBO Program, in order to receive credit for Contacting SBEs, a Bidder must submit an SBE Solicitation Form (Form 2) within one (1) Business Days after requested by Rodgers Builders, Inc. (POTENTIAL GFE Points: 10)
Bidder Name:
Project Name: Discovery Place Renovation – Phase 2 – Passage Door Assemblies Project Number: 512-06-023
SBE Firm: Contact Person: NIGP Code: Scope of Work: Initial Contact Date: Method: Phone Fax Email Courier Mail In person Follow-up: Date: Method: Phone In person Response: No response Not bidding Is bidding $ ______________ Other (explain) Selected? Yes No SBE Firm: Contact Person: NIGP Code: Scope of Work: Initial Contact: Date: Method: Phone Fax Email Courier Mail In person Follow-up: Date: Method: Phone In person Response: No response Not bidding Is bidding $ ______________ Other (explain) Selected? Yes No SBE Firm: Contact Person: NIGP Code: Scope of Work: Initial Contact: Date: Method: Phone Fax Email Courier Mail In person Follow-up: Date: Method: Phone In person Response: No response Not bidding Is bidding $ ______________ Other (explain) Selected? Yes No SBE Firm: Contact Person: NIGP Code: Scope of Work: Initial Contact: Date: Method: Phone Fax Email Courier Mail In person Follow-up: Date: Method: Phone In person Response: No response Not bidding Is bidding $ ______________ Other (explain) Selected? Yes No SBE Firm: Contact Person: NIGP Code: Scope of Work: Initial Contact: Date: Method: Phone Fax Email Courier Mail In person Follow-up: Date: Method: Phone In person Response: No response Not bidding Is bidding $ ______________ Other (explain) Selected? Yes No
Small Business Opportunity Program
Revised June 1, 2007
SBE Solicitation Form SBOP Form 2 Copy this Form as needed. (page 2 of 2)
Pursuant to Part B, Section 4.4 of the SBO Program (Failure to Negotiate In Good Faith), Rodgers Builders, Inc. may find that a Bidder did not meet its Good Faith Negotiation obligation if in Rodgers Builders’ judgment, the Bidder rejects an Interested SBE’s bid for reasons other than: (a) the SBE’s bid was higher than what was proposed by the subcontractor or supplier the Bidder decided to use or higher than the Bidder’s cost of performing such work on its own; (b) the SBE was not a “Qualified SBE” as defined in Part A; or (c) the Business Enterprise that will be performing in place of the Interested SBE is more qualified than the Interested SBE, to the extent that such difference in qualification would materially impact the Bidder’s Bid, or (d) there was a material deficiency with the Interested SBE’s bid (such as it being submitted late, containing inaccurate information, etc.). The undersigned certifies that the information submitted on this Form 2 is true and accurate as of the date indicated below. The undersign further certifies that contacts by U.S. Postal Service, telephone conversations and in person contacts documented on this Form 2 were made in accordance with the requirements of Part B, Section 5.3.2 of the SBO Program and that this shall satisfy as the affidavit confirming such contacts.
Company
Signature of Authorized Official Title Submittal Date
Sworn to before me this day of __________________________ , 200____
NOTARY PUBLIC
My commission expires on
Small Business Opportunity Program
Revised June 1, 2007
Subcontractor / Supplier Utilization Commitment SBOP Form 3 This form MUST be submitted with your bid. (page 1 of 2)
Bidder Name:
Project Name: Discovery Place Renovation – Phase 2 - Passage Door Assemblies Project Number: 512-06-023
1. Below is a list of all SBEs that you intend to use on this contract
SBE Name Description of work / materials NIGP code VMS # Total Projected $
I acknowledge that I have inquired with each SBE listed above as to their Certification Status (i.e. - the SBE expiration date)
2. Below is a list of all non-SBEs that you intend to use on this contract
Firm Name Description of work / materials NIGP code VMS #
Total Subcontractor / Supplier Utilization (including SBEs and Non-SBEs) $ Total SBE Utilization $
Total Bid Amount (including Contingency) $ Percent SBE Utilization (Total SBE Utilization divided by Total Bid Amount) %
** If SBE Goal is not met, please provide an explanation here:
Signature of Authorized Official Printed Name Title Submittal Date
Small Business Opportunity Program
Revised June 1, 2007
Subcontractor / Supplier Utilization Commitment SBOP Form 3 This form must be submitted with your bid. (page 2 of 2)
All Subcontractors and Suppliers must be registered with the City of Charlotte. Pursuant to Appendix A, Section 8 of the SBO Policy, each subcontractor or supplier (non-SBE and SBE subcontractors) that you use on this contract must be registered in the City’s vendor registration database. You will need to provide the vendor registration number for each subcontractor and supplier used on this contract as a condition for receiving final payment on this Contract. What happens if you add 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, pursuant to Part D of the SBO Program, you must comply with the following:
• You must maintain the level of SBE participation proposed on this form throughout the duration of the Contract, except as specifically allowed in Part D, Section 2.2.
• If you need to add or replace an SBE, you must comply with Part D, Section 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 Part D, Section 6.
Subcontractor/Supplier Utilization Commitment Pursuant to Part B, Section 3.6, Rodgers Builders Inc. Solicitation Documents for each Construction Contract will include a form labeled “Subcontractor/Supplier Utilization Commitment” (“Form 3”), which captures information regarding the SBEs and other subcontractors and suppliers that the Bidder intends to use on the Contract. Failure to properly complete and submit Form 3 with the Bid constitutes grounds for rejection of the Bid. Pursuant to Part B, Section 3.7, within (3) Business Days after receiving a request from Rodgers Builders, Inc (or within such longer time as may be communicated by Rodgers Builders, Inc. in writing), Bidders must submit a separate Letter of Intent for each SBE listed on Form 3. Bidders may use the Letter of Intent that Rodgers Builders, Inc. provides with Rodgers Builders, Inc.’s Solicitation Documents or may use an alternative form if it contains the same information as Form 4. Regardless of the form, each Letter of Intent must be executed by both the SBE and the Bidder. Rodgers Builders, Inc. shall not count proposed SBE utilization for which it has not received a Letter of Intent within such time period, unless the SBE certifies to Rodgers Builders, Inc. that it originally agreed to participate in the Contract at the level reported by the Bidder, but subsequently declined to do so.
Signature Your signature on the preceding page indicates that the undersigned Company certifies and agrees that (a) it has complied with all provisions of the SBO Program and (b) failure to properly document such compliance in the manner and within the time periods established by the SBO Program shall constitute a forfeiture of the Company’s bid bond, and shall entitle Rodgers Builders, Inc. to recover under the bid bond and, (c) in the absence of a bid bond, such failure shall entitle Rodgers Builders, Inc. to recover damages for breach of contract.
Small Business Opportunity Program
Revised June 1, 2007
Letter of Intent SBOP Form 4
** Per Part B, Section 3.7, Bidders must submit a separate Letter of Intent for each SBE listed on Form 3 within (3) Business Days after receiving a request from Rodgers Builders, Inc. Bidders may use the Form 4 provided with Rodgers Builders, Inc.’s Solicitation Documents or an alternative form containing the same information as Form 4. Each LOI must be executed by both the SBE and the Bidder.
Pursuant to Part D, Section 5.3.1, Bidders shall also be required to provide a Form 4 for each SBE they add to a Contract subsequent to Contract award. Bidder Name:
Project Name: Discovery Place Renovation – Phase 2 - Passage Door Assemblies Project Number: 512-06-023
Bidders must submit a separate Letter of Intent for each SBE listed on Form 3 and this form must be signed by both the Bidder and SBE firm.
A. To be completed by the Bidder/Service Provider
Name of Bidder:
Address:
Contact Person:
Telephone: Fax:
I, the bidder, acknowledge a QuickPay Commitment or QuickPay Agreement has been extended to this SBE for the work identified below, and that I have submitted, either previously or with this Form, a copy of said Agreement. YES NO
B. To be completed by SBE at any tier Name of SBE:
Address:
Contact Person:
Telephone: Fax:
I, the SBE, certify that my SBE Certification Profile is active and up to date. Certification Expiration Date: / / .
C. Identify in complete details the scope of work to be performed or item(s) to be supplied by the SBE. On unit price bids, identify which bid line item the SBE’s scope of work or supply corresponds:
D. Cost of work to be performed by SBE: $
E. Cost of work to be performed by SBE as a percentage of total amount of City contract: %
Bidder certifies that it intends to utilize the SBE listed above, and that the description, cost and percentage of work to be performed by the SBE as described above is accurate. The SBE Firm certifies that it has agreed to provide such work/supplies for the amount stated above.
Bidder: Date: Signature and Title
SBE Firm: Date: Signature and Title
Small Business Opportunity Program
Revised June 1, 2007
Good Faith Efforts (GFE) and Statement of GFE Compliance SBO Form 5 If NOT meeting the goal, Bidder must submit this form within one business days after Rodgers Builders, Inc. requests it. (Page 1 of 3)
Bidder Name:
Project Name: Discovery Place Renovation – Phase 2 - Passage Door Assemblies Project Number: 512-06-023
Below is a list of Good Faith Efforts as defined in Part B: Section 5.3. To the left of each item is the number of points assigned to that item for this project. Please place an “X” in the first column for each item you are claiming credit. Failure to achieve the minimum number of Good Faith Efforts points stated in the blank below constitutes grounds for rejection of your bid.
Minimum Number of GFE Points Required: 170
15 Section 5.3.1: Notification of Subcontracting Opportunities. Providing to Rodgers Builders, Inc. not later than fourteen (14) calendar days prior to Bid Opening a list of the areas in which the Bidder intends to seek subcontractors and suppliers. The Bidder may report this information on Form 1 or on another document providing the same information as Form 1.
10
Section 5.3.2: SBE Contacts: To receive credit for this GFE, the Bidder must contact a minimum number of SBEs, as specified in Rodgers Builders, Inc. Solicitation Documents. Further, a Bidder must submit an SBE Solicitation Form (“Form 2”) within 3 Business Days after Rodgers Builders, Inc. requests it, unless a different time is specified in Rodgers Builders, Inc. Solicitation Documents.
A Bidder must make the required contacts not less than 7 Days before Bid Opening to receive credit. Refer to Part B, Section 5.3.2 of the SBO Policy for requirements of the Solicitation Method, Solicitation Content, and Solicitation Documentation.
10
Section 5.3.3: Making Plans Available. Making any project descriptions, construction plans, specifications or requirements applicable to the project available for review by Interested SBEs at least seven (7) calendar days before Bid Opening.
To satisfy this requirement, the Bidder must either: (a) provide SBEs with a hard copy of the Project Documents via an acceptable means of document delivery; OR (b) provide necessary physical access and adequate time for SBEs to fully review the Project documents at the Bidder’s place of business within the Charlotte MSA or, if the Bidder has no place of business within the Charlotte MSA, at an alternate location within the Charlotte MSA where the information can be reviewed at no cost to SBEs; AND (c) notify all SBEs contacted as part of the Bidder’s Section 5.3.2 SBE contacts of the locations (including the address) where plans, specifications, and other documents applicable to the Project, can be reviewed.
15 Section 5.3.4: Breaking Down Work. To receive credit for this GFE, the Bidder MUST: (a) notify SBEs as part of a Bidder’s Section 5.3.2 SBE Contacts that the Bidder is willing to divide or combine elements of work into economically feasible units on a case-by-case basis to facilitate SBE participation, and (b) negotiate in good faith with any SBEs that request such divisions.
10 Section 5.3.5: Attendance at Pre-Bid. To receive credit for this GFE, the Bidder must attend any pre-bid meetings scheduled by Rodgers Builders, Inc. for the Contract in question.
15
Section 5.3.6: Conducting a Pre-Bid for SBEs. To receive credit for this GFE, the Bidder MUST conduct a pre-bid meeting for SBEs at least three (3) Business days prior to Bid Opening. The pre-bid meeting must take place within Mecklenburg County, or, if the Bidder has no place of business within Mecklenburg County, at an alternate location within the Charlotte MSA. Not less than 48 hours before the pre-bid meeting, the Bidder must communicate the time and location of the meeting to the SBEs that the Bidder is required to contact to earn GFE points under Section 5.3.2.
40
Section 5.3.7: Training and Mentoring. A Bidder may receive credit for this GFE in one of two (2) ways: (a) Training: Providing training or mentoring to at least two (2) SBEs within 120 days before Bid Opening and the Bidder
must have the training or mentoring certified by the Program Manager.
(b) SBDP Mentor-Protégé Program. The Bidder may also receive credit for this GFE if the Bidder demonstrates that it is participating in the Small Business Development Mentor-Protégé program and that it is a mentor in good standing. The Program Manager shall have the discretion to deny credit for mentoring and training if the mentor is not in good standing.
Small Business Opportunity Program
Revised June 1, 2007
Good Faith Efforts (GFE) and Statement of GFE Compliance SBO Form 5 (Page 2 of 3)
Bidder Name:
Project Name: Discovery Place Renovation – Phase I - Passage Door Assemblies Project Number: 512-06-023
10
Section 5.3.8: Working with SBE Assistance Organizations. To receive credit for this GFE, the Bidder must document that they have performed one of the following within the (120) day period preceding the Bid Opening for an SBE Assistance Organization as defined in Appendix 1 of Part A:
(a) Provide location for SBE Assistance Organization Event: Providing a meeting location for the SBE Assistance Organization to host a regular meeting or special event at no cost or at a reduced rate.
(b) Provide training for SBE Assistance Organization members: Providing training or facilitating workshops aimed at increasing the capacity or skill level or the SBE Assistance Organization members, or participating in training or a workshop sponsored by the SBE Assistance Organization.
(c) Contracting with new SBE: Documenting that the SBE Assistance Organization helped to identify an SBE with whom the Bidder subsequently subcontracted work (whether on a City Construction Contract or other contract). Rodgers Builders, Inc. will not give the Bidder credit for this GFE if the Bidder contracts with an SBE that the Bidder has used on previous projects.
20
Section 5.3.9: Bonding or Insurance Assistance on Construction Contract. To receive credit for this GFE, the Bidder must assist an SBE in obtaining its own bond or insurance coverage for a City contract or another contract by (a) providing direct assistance, (b) showing that the SBE did not have access to the bond or insurance coverage before the Bidder’s assistance; and (c) providing the assistance within the 120 Days preceding the Bid Opening.
To document satisfaction of this GFE, the Bidder must submit: (a) the name of the SBE; (b) a description of the assistance the Bidder provided; (c) the date the Bidder provided the assistance; (d) the name of a contact person with the SBE who can verify that the Bidder provided the assistance; and (e) any additional information requested by Rodgers Builders, Inc.
20
Section 5.3.10: Covering Subcontractors Under Bidder’s Bond or Insurance on the Construction Contract Up for Award. To receive credit for this GFE, the Bidder must commit to cover one or more SBEs under the Bidder’s bond or insurance for work that the Bidder and Rodgers Builders, Inc. would typically require a bond, without requiring the SBEs to provide their own bond or insurance coverage. To document satisfaction of this GFE, the Bidder must (a) identify the SBE to which the Bidder made the commitment; and (b) document that such commitment was communicated to the SBE before the Bidder received the SBE’s bid. Bidders will not receive credit for bonding SBEs on work for which Rodgers Builders, Inc. does not typically require a bond, such as hauling.
20
Section 5.3.11: Entering Into Joint Venture with SBEs. To receive credit for this GFE, the Bidder must document the existence of a Joint Venture agreement between the Bidder and an SBE that increases opportunities for SBE business participation, whether on City Contracts or other contracts. To document satisfaction of this GFE, Bidders must document that they have entered into such an agreement within the 120 Days before the Bid Opening, and such documentation must include; (a) the name of the SBE; (b) a description of the Joint Venture; (c) evidence of the date the Bidder and the SBE entered into the agreement; and (d) the name of a contact person with the SBE who can verify the terms of the agreement.
25
Section 5.3.12: Facilitating Joint Ventures between SBEs. To receive credit for this GFE, the Bidder must within the 120 Days before the Bid Opening facilitate a Joint Venture agreement between SBEs that would not otherwise be able to participate in the Construction Contract. To document satisfaction of this GFE, the Bidder must: (a) comply with Section 3.4.4 (b) submit the names of the two SBEs for which the Bidder facilitated a Joint Venture; (c) provide a description of the steps the Bidder took to facilitate the Joint Venture; and (d) provide a statement from at least one of the SBEs indicating that it would not have been able to participate in the Construction Contract but for the Joint Venture. Additionally, the SBE Joint Venture must be listed on Form 3 as an SBE participating in the Construction Contract for which the Bidder is submitting a Bid.
25
Section 5.3.13: Financial Assistance. To receive credit for this GFE, the Bidder must provide one of the following types of assistance to an SBE during the preceding 90 Days before Bid Opening: (a) assistance in obtaining equipment, a loan, capital, lines of credit, (b) joint pay agreements or guaranties to secure loans, the purchase of supplies, or letters of credit, including waiving credit that is ordinarily required; or (c) assistance in obtaining the same unit pricing with the Bidder’s suppliers as the Bidder. Such assistance may be in connection with a City Construction Contract or any other contract.
To receive credit for this GFE, Bidders must document: (a) the name of the SBE; (b) the description of the assistance the Bidder provided; (c) the date the Bidder provided the assistance; and (d) the name of a contact person with the SBE who can verify that the Bidder provided the assistance was provided.
Small Business Opportunity Program
Revised June 1, 2007
Good Faith Efforts (GFE) and Statement of GFE Compliance SBO Form 5 (Page 3 of 3)
Bidder Name:
Project Name: Discovery Place Renovation – Phase I - Passage Door Assemblies Project Number: 512-06-023
20
Section 5.3.14: Quick Pay Agreements On The Construction Contract Up For Award. For purposes of this Section, the term “Quick Pay Commitment” means a commitment to pay all SBEs participating in the Construction Contract within 20 Days after the Contractor confirms that the SBE has properly performed and the SBE’s work has been properly completed.
To receive credit for this GFE, Bidders must either: (a) provide Rodgers Builders, Inc. with a copy of a policy containing the above-referenced Quick Pay Commitment that the Bidder has adopted for the project and document that the Bidder informed each SBE about the Quick Pay Commitment as part of the Bidder’s SBE contacts under Section 5.3.2; OR (b) provide a legally binding Quick Pay Commitment in the form of an Agreement with each SBE that will participate in the Construction Contract up for award. Including a statement in a Bid solicitation letter indicating that the Bidder will consider entering into quick pay agreements will not suffice.
0
Section 5.3.15: Attendance at City SBO Workshops or Networking Sessions. To receive credit for this GFE, the Bidder must attend a workshop, seminar or networking session held by Rodgers Builders, Inc. to (a) educate contractors or SBEs about the requirements of the SBO Program and how Bidders can comply with the Program; or (b) increase the capacity or skill level of SBEs; or (c) provide networking opportunities for SBEs. To receive credit for this GFE, Bidders must document that they attended such a workshop or seminar during the preceding 90-Days before Bid Opening. The KBU shall not give Bidders credit toward this GFE category for the Bidder’s attendance at a Pre-Bid conference.
15
Section 5.3.16: Follow-up Contacts. To receive credit for this GFE, the Bidder must follow-up with each SBE that the Bidder contacted under Section 5.3.2 that did not reply that it was unwilling to participate in the Construction Contract.
Additionally, the Bidder must: (a) make each follow-up contact subsequent to the initial contact and at least 48 hours before Bid Opening; (b) make each follow-up contact by telephone or in person and (c) provide documentation for each follow-up contact in accordance with Section 5.3.2.3. Rodgers Builders, Inc. may request additional documentation in accordance with Section 5.3.2.4, and may verify the contacts as Rodgers Builders, Inc. deems appropriate.
15 Section 5.3.17: Achieving 50% of SBE Participation Goal. To receive credit for this GFE, the Bidder’s Committed SBE Goal must be at least 50% of the SBE Goal established by Rodgers Builders, Inc. for the Contract.
20
Section 5.3.18: Additional SBE Outreach. To receive credit for this GFE, not less than 7 Days before the Bid Opening, a Bidder must contact 75% of the total number of SBEs Rodgers Builders, Inc. lists or identifies in Rodgers Builders, Inc. Solicitation Documents for the Contract being bid. For example, if Rodgers Builders, Inc. lists 80 SBEs in Rodgers Builders, Inc. Solicitation Documents and requires that Bidders contact a minimum of 20, a Bidder would have to contact 60 SBEs to meet to receive credit under this Section. To receive credit, the Bidder must comply with the solicitation requirements outlined in Section 5.3.2.1, Section 5.3.2.2 and Section 5.3.2.3 (a) through (f).
25
Section 5.3.19: SBE Participation On Non-City Contracts. To receive credit for this GFE, the Bidder must document that during the 120-Day period before Bid Opening, the Bidder used SBEs on non-City contracts where the SBE subcontract value equaled or exceeded the amount the Bidder would have to pay SBEs to meet the SBE Goal for the Construction Contract at issue. To receive credit for this item, Bidders must document for each non-City SBE subcontract: (a) the name of the project and the parties to the contract; (b) the name of the SBEs the Bidder paid on the project; (c) the amount the Bidder paid to each SBE; and (d) any additional documentation requested by the Program Manager for verification purposes.
25
Section 5.3.20: Working With a New SBE. To receive credit for this GFE, the Bidder must document that during the 120-Day period before Bid Opening, the Bidder hired an SBE that it had not previously contracted with to perform at least $10,000 of work, whether on a City contract or other contract. To receive credit for this item, Bidders must document: (a) the name of the project on which the Bidder hired the new SBE; (b) the name of the new SBE the Bidder hired; (c) the amount the Bidder paid or the estimated amount the Bidder will pay to the new SBE; and (d) any additional documentation requested by the Program Manager for verification purposes.
375 Total Available GFE Points 170 Total GFE Points Attained
Per Part B, Section 5 of the SBO Program, if a Bidder has not fully met the SBE Goal, then it must document it has met the GFE requirements by completing this Form. Bidder must submit Form 5 within one business days after Rodgers Builders, Inc. requests it as modified for Discovery Place Renovations Only. Failure to do so constitutes grounds for rejection of the Bid.
Small Business Opportunity Program
Revised June 1, 2007
Payment Affidavit - Subcontractor / Supplier Utilization SBO Form 6 To be submitted with each request for payment from Rodgers Builders Inc. Copy this form as needed.
Invoice Amount: Payment or Invoice #:
Project Name: Discovery Place Renovation – Phase 2 - Passage Door Assemblies Contract Number:
Payment Period: From To KBU: (Department) Section 1: Payments to SUBCONTRACTORS Complete the chart below for all subcontractors used on the Project/Contract regardless of dollar amount. All subcontractors must be registered in the City’s Vendor Registration System.
Subcontractor’s Name Description of Work Performed NIGP Code City VMS
Number Payment
this Pay Period Cumulative Payments
Section 2: Payments to SUPPLIERS All suppliers providing goods under City contracts must be listed on the Sales Tax Statement submitted with each pay request. Rodgers Builders, Inc. may request on a case-by-case basis that the Contractor require certain suppliers to be registered in the City’s Vendor Registration System and may withhold payment of any amounts due the Contractor in the event the Contractor fails to comply with such request.
The undersigned Company certifies the preceding chart is a true and accurate statement of all payments that have been or will be made to subcontractors and suppliers on this Project/Contract. If no subcontractors or suppliers are listed on the preceding chart, the Company certifies that no subcontractors or suppliers were used in performing the Project/Contract for the payment period indicated. Failure to provide accurate and truthful information is a violation of the Small Business Opportunity Program and is subject to the sanctions prescribed therein.
This day of 200
Name of Company VMS #
Signature Print Name and Title
I. SPECIFICATION SECTIONS:
A. Applicable in total to the work of this Bid Package:
Division 00 - Procurement and Contracting Requirements (entire Section)
Division 01 - General Requirements (entire Section)
Section 092216 - Non-Structural Metal Framing
Section 092900 - Gypsum Board
B. Applicable only as required by the work of this Bid Package:
Section 061000 - Rough Carpentry
Section 078446 - Fire-Resistive Joint Systems
Section 079200 - Joint Sealants
Section 099100 - Painting (Professional Line Products)
Section 099600 - High-Performance Coating
II.
General Considerations
GC1.0
GC2.0
GC3.0
WORK DESCRIPTION: Furnish all labor, materials, supervision, equipment, insurance,
overhead and profit, necessary or incidental, as required to complete the scope of work
identified in the construction drawings and applicable specification sections referenced
above. Performance of the work must include, but is not necessarily limited to the
following:
Include all seismic provisions as required by specifications and all applicable
building codes.
All Owner stock material is to be stored as a part of this Bid Package until
requested at closeout. All material to be turned over to the Owner as Owner Stock
is to be held until requested by Rodgers Builders, Inc. or the Owner. No stock
material is to be stored in the building during construction.
The project goal for the Discovery Place Renovation Project is seven percent
(7%). In accordance with the City of Charlotte’s Small Business Opportunity
Program, the established goal for this Bid Package is fifteen percent (15%).
Please refer to the SBO program policy included herein. For further questions,
please contact the SBO Program Manager for the Discovery Place Renovation
Project - Lil Associates II, Inc., Jasmine Hines, 704-372-3331 or
Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
SPECIFIC SUMMARY OF WORK
Bid Package No. 09A - Drywall Assemblies
April 17, 2009
DIVISION OF WORK: Bid Package No. 09A - Trade Subcontractor is exclusively responsible for work
described in the following:
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Interior Renovations Phase 2 Formal Packages
SPECIFIC SUMMARY OF WORK
Bid Package No. 09A - Drywall Assemblies
April 17, 2009
A. Drywall Assemblies
A1.0
A2.0
A3.0
A4.0
A5.0
A6.0
A7.0
A8.0
A9.0
A10.0
A11.0
A12.0
All expansion, control, and construction joint assemblies as indicated on the
documents or as may be required to comply with industry standards and good
practice for the application involved are to be included in this scope of work.
This Subcontractor is to review and accept the design and construction of the
following as adequate for proper installation of the work of this Bid Package: (a)
concrete floors, (b) CMU walls, (c) concrete walls, (d) structural framing, (e) wind
bracing, (f) floor leveling.
This Subcontractor is responsible for acceptance of temperature and humidity
conditions in which installation will occur.
Furnish and install all acoustical wall panels as required by the drawings and
specifications.
Include any supplemental framing necessary to support the ceiling grid
installation.
Furnish and install all perimeter wall caulking and fire stop assemblies, including
metal brackets required to install firestopping.
This Bid Package includes installing all wall and ceiling expansion joints as it
relates to scope of work per the drawings and specifications.
Furnish and install all sound insulation and sound rated sealant for both walls and
drywall ceilings as required by the drawings and specifications.
This Bid Package includes responsibility for receiving all hollow metal frames
(including unloading from the truck, and inventorying for quantity and damage
assessment). Hollow metal frames are to be stored per the direction of the
Rodgers Builders, Inc. and installed in the sequence designated by the schedule
and/or the Rodgers Builders, Inc. This Bid Package Includes installation of hollow
metal frames in stud walls only. Hollow metal frames that are to be installed in
masonry walls are a part of the Masonry Bid Package. All doorframe jambs to be
installed with double studs in accordance with Rodgers Builders, Inc. provided
details.
This Bid Package includes responsibility to coordinate all wall and hard ceiling
rough-in openings for all recessed items indicated on the construction documents
and responsibility to maintain the wall or ceiling rated assembly.
Furnish and install all wall insulation.
Furnish and install all necessary sealants required to complete construction of all
rated walls. This includes rating for smoke, fire, and sound.
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Interior Renovations Phase 2 Formal Packages
SPECIFIC SUMMARY OF WORK
Bid Package No. 09A - Drywall Assemblies
April 17, 2009
A13.0
A14.0
A15.0
A16.0
A17.0
A18.0
A19.0
A20.0
A21.0
A22.0
A23.0
A24.0
This scope of work includes coordination of all wall and hard ceiling rough-ins for
all recessed items indicated on the documents and is responsible for maintaining
the wall or ceiling rated assembly.
Furnish and install soffits and finished ceiling as indicated on the bid documents.
Install all access doors furnished by others along with those indicated to be
provided by the Drywall/Ceiling Subcontractor.
All metal studs must be a minimum of twenty (20) gauge.
This Subcontractor is responsible for providing metal stud engineering, and no
cost will be added for additional sizes after engineered calculations are
completed.
Furnish and install all wall insulation or any other insulation not specifically
assigned to another Bid Package. All patching required to complete and comply
with the spray fireproofing criteria will be provided in this Bid Package.
Furnish and install all hold down clips where required by codes or application.
Provide drywall assemblies configurations necessary to accommodation of the
accessories, specialties, and equipment indicated in Division 10 through Division
16 of the Project Manual.
Mold resistant drywall is to be used for top out of all rated partitions and for the
construction of all shafts and electrical rooms.
Sand and finish drywall surfaces in a manner ready to receive its final specified
finish without further preparation or touch-up by others. Do so prior to and
subsequent to priming by the Painting Subcontractor. All point-up following prime
paint to be completed in forty-eight (48) hours. All finishing to be sufficient to
ensure that a minimum area is required to be re-primed following point-up.
This scope of work includes required stenciling of rated walls.
Furnish and install all in-wallmetal blocking as required by the documents and/or
for the installation of work of other trades. This includes, but is not limited to,
casework, millwork, toilet accessories, toilet partitions, urinal screens, handrails,
wall rails, windows, storefronts, window treatments, miscellaneous hospital
equipment, and Division 10 (specialty items) as may be required. All in wall metal
blocking furnished and installed by this Subcontractor.
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Interior Renovations Phase 2 Formal Packages
SPECIFIC SUMMARY OF WORK
Bid Package No. 09A - Drywall Assemblies
April 17, 2009
A25.0
A26.0
ALL-01
ALL-02 Provide an allowance for additional top of wall fire caulking of five thousand
dollars ($5,000) over and above what is indicated in the drawings and
specifications. This value to be included in the base bid.
BID PACKAGE SPECIFIC ALLOWANCES
The following Allowance(s) is/are to be included in the Base Bid of this Bid Package.
Provide an allowance for Point up and patching of twenty thousand dollars
($20,000) over and above what is typically required for a project of this
magnitude. This value to be included in the base bid.
This Trade Bid Package is responsible for furnishing and installing all plywood
substrate that attaches to metal framing. Plywood to be fire retardant when
indicated.
This Trade Bid Package is responsible for all drywall finishing per drawings and
specifications. This is also to include all level of finishes, including but not limited
to level five (5) where indicated.
ALL ALTERNATES, UNIT PRICES AND EQUIPMENT RATES MUST INCLUDE
SUBCONTRACTOR’S OVERHEAD, PROFIT AND BOND COSTS.
Rodgers Builders…Our Passion is Building.®
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Discovery Place
Interior Renovations Phase 2 Formal Packages
SPECIFIC SUMMARY OF WORK
Bid Package No. 09A - Drywall Assemblies
April 17, 2009
1.
1.1
1.2
1.3
1.4
1.5
2.
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9
Item # Item Description Quantity Unit Amounts
Each Bid Package is required to provide a price breakdown of their lump sum bid at bid time. The price
breakdown is for information and evaluation purposes only. The BID AMOUNT quoted shall be the full
compensation for each Bid Package as defined by the Scope of Work. Bid Amounts shall be broken
down as identified below.
lsStaging & Logistics
Interior GWB Assemblies 1
GWB Assembly Type ______
GWB Assembly Type ______
GWB Assembly Type ______
GWB Assembly Type ______
GWB Assembly Type ______
GWB Assembly Type ______
GWB Assembly Type ______
Engineering / Design Services
Misc. Staging & Logistics Items
1
Layout
Mobilizations(s)
GWB Assembly Type ______
ls
Rodgers Builders…Our Passion is Building.®
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Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
SPECIFIC SUMMARY OF WORK
Bid Package No. 09A - Drywall Assemblies
April 17, 2009
3.
3.1
3.2
3.3
4.
4.1
4.2
4.3
4.4
4.5
4.6
4.7
4.8
4.9
5.
5.1
5.2
Misc. Drywall Items
High Impact GWB
Mold Resistant GWB and High Impact GWB
Mold Resistant GWB
1 ls
GWB Ceilings
Stencil rated walls
1 ls
GWB Half Beam Soffits
GWB Full Beam Soffits
Hollow metal frames
Access doors
Light Gauge Stage Framing
GWB Bulkheads
GWB Draftstopping
Metal Wall blocking
Unload, Store, Protect, and Install Items Furnished by
Others
1 ls
Rodgers Builders…Our Passion is Building.®
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Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
SPECIFIC SUMMARY OF WORK
Bid Package No. 09A - Drywall Assemblies
April 17, 2009
6.
6.1
6.2 $5,000
Provide an allowance for Point up and patching
of twenty thousand dollars ($20,000) over and
above what is typically required for a project of
this magnitude. This value to be included in the
base bid.
Provide an allowance for additional top of wall
fire caulking of five thousand dollars ($5,000)
over and above what is indicated in the
drawings and specifications. This value to be
included in the base bid.
$20,000
Allowances
Rodgers Builders…Our Passion is Building.®
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Discovery Place
Interior Renovations Phase 2 Formal Packages
SPECIFIC SUMMARY OF WORK
Bid Package No. 09A - Drywall Assemblies
April 17, 2009
LEAD TIMES:
AmountsBID SUMMARY:
Provide the Anticipated Lead-Time for:
After Receipt of Approved Shop Drawings / Samples
Has a Bid Bond been Included as Indicated by the Contract Documents p
Provide the Anticipated Lead-Time for:
After Receipt of Approved Shop Drawings / Samples weeks
MISCELLANEOUS CONSIDERATIONS:
4 Out of Town Living Expenses for Labor Crews (IF APPLICABLE)
Yes p No
After Receipt of Approved Shop Drawings / Samples weeks
p No
LEAD TIMES:
1 Subtotal
3 Bond Amount as Required by Contract Documents
Professional Liability Insurance ($2,000,000.00) will be Provided p Yes
weeks
LEAD TIMES:
Provide the Anticipated Lead-Time for:
T O T A L P R I C E (Lines 1 + 2 + 3 + 4)
ENTER COMPANY NAME HERE:
2 Sales Tax on Materials Incorporated into the Site & Buildings
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SBO PROVISIONS AND FORMS
Revised June 1, 2007
FOR
Discovery Place Renovations
Phase 2 – Drywall Assemblies _____________________________________________________________________
Revised June 1, 2007 (E&PM)
1. APPLICATION: The City of Charlotte’s Small Business Opportunity Program (SBO Program) is incorporated into and made a part of this solicitation and the resulting contract (the “Contract”). Copies of the SBO Program may be obtained on-line at http://smallbiz.charmeck.org or from the SBO Office, 600 E. Fourth Street, Charlotte, North Carolina 28202-2850, Phone 704-336-2473. Capitalized terms used in this document are defined in the SBO Program. 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 Rodgers Builders, Inc. The SBO Program requires that you (a) meet the SBE Utilization Goal listed in Section 2 below; or (b) comply with the Good Faith Efforts requirements referenced in Section 3 below. Failure to comply with the SBO Program in the bid/proposal phase will constitute grounds for rejection of your bid. Failure to comply after contract award may result in assessment of damages or termination of your contract.
2. THE SBE UTILIZATION GOAL FOR THIS CONTRACT HAS BEEN SET AT: 15 % Each Bidder must submit the proposed SBE utilization on the Form 3 listing subcontractors and suppliers that will be providing goods or services and projected dollar amount for each SBE. Bidders must also indicate the total dollar value of SBE participation for the contract. In the event the bidder has no SBE participation, the Bidder is still required to indicate this on Form 3 by entering the word or number zero. Blank forms will be deemed to represent zero participation. Bids submitted which do not have the above required SBE information indicated on Form 3 may cause the bid to be considered non-responsive and it may be rejected. Form 3 must be submitted with your bid. Rodgers Builders, Inc. will only give Bidders credit toward the SBE Goal for those SBES that are certified SBEs as of the Bid Opening and that meet Part B Section 3 of the SBO Program. Please note that to count an SBE toward your SBE Utilization Goal; you will need to have that SBE sign a Letter of Intent on Form 4 (or an equivalent form containing the same information). Rodgers Builders, Inc. will request your Letters of Intent if you are a finalist for contract award, and you must submit a separate Form 4 for each SBE identified on the Form 3 within 3 Business Days after Rodgers Builders, Inc. requests it.
3. GOOD FAITH EFFORTS: IF YOU DO NOT MEET THE SBE UTILIZATION GOAL, then you
must meet the Good Faith Efforts requirements set forth in Part B Section 5 of the SBO Program. These are summarized below. Failure to do so will constitute grounds for rejection of your bid.
Documenting Good Faith Efforts. To demonstrate Good Faith Efforts compliance, you must complete and submit Form 5 Good Faith Efforts (GFE) / Statement of GFE Compliance. Form 5 states the minimum required Good Faith Efforts points for this Contract, and lists the number of points attainable for each type of Good Faith Effort. Rodgers Builders, Inc. will request your Good Faith Efforts (GFE) / Statement of GFE Compliance if you are a finalist for contract award, and you must submit Form 5 within 1 Business Days after the Rodgers Builders, Inc. requests it. It is important that you carefully review Part B Section 5 of the SBO Program as soon as possible so as to put yourself in a position to provide the documentation. Please note that the due date for Form 5 has been specifically modified and approved by the Department of Economic Development for the Discovery Place Renovation project in order to facilitate meeting the schedule requirements of the project. 3.1 SBE Contacts:
In order to receive credit for this Good Faith Effort at least 7 Calendar Days prior to Bid Opening, you must contact at least 2 SBE firms (the “Minimum Contacts”) listed in the SBE Source List provided with Rodgers Builders, Inc.’s bid or proposal packet or that can be found on the Small Business Development Program website located at http://epmcontracts.charmeck.org. Please refer to Part B Section 5.3.2 of the SBO Program regarding how these Minimum Contacts must be made and documented. Minimum Contacts must be recorded on Form 2, which is submitted along with Form 5. Please note that you must make the Minimum Contacts at least 7 Calendar Days before Bid Opening. It is important that you carefully review Part B Section 5.3.2 of the SBO Program as soon as possible so as to put yourself in a position to provide Form 2 and any other documentation as requested by Rodgers Builders, Inc.
Good Faith Negotiation. You must negotiate in good faith with all interested SBE firms. Part B Section 4.4 of the SBO Program defines what negotiating in “good faith” means. Among other things, it means that if an SBE is low bid on a contract for construction or for the procurement of goods, then you must contract with that SBE
Revised June 1, 2007 (E&PM)
unless it is not “Qualified” within the meaning of the SBO Program. To demonstrate Good Faith Negotiation Compliance you must submit good faith documentation as requested by Rodgers Builders, Inc. to support your efforts for each subcontracting opportunity identified by Rodgers Builders, Inc. for which the low bid by an SBE is not accepted. You must provide such forms and information within 1 Business Days after Rodgers Builders, Inc. requests it. Failure to comply with the requirements set forth in this section shall constitute grounds for rejecting a bid.
Self-Performance. Bidders that do not meet the SBE Utilization Goal and desire to self perform all of the Contract must nevertheless demonstrate that they complied with the Good Faith Efforts requirements as provided in Part B Section 5.6 of the SBO Program. Failure to do so shall constitute grounds for rejection of your bid. Bidders that intend to self perform may be required to submit additional documentation to Rodgers Builders, Inc. at least 14 calendar days prior to the Bid Opening to obtain clearance for self performance.
Plans and Specifications. Plans and Specifications may be viewed at Rodgers Builders, Inc., Center City office located at 400 West Trade Street, Charlotte, NC 28202. Other locations:
Richa Graphics 204 N. Tryon St.
Charlotte, NC 28202 704-333-9744
Carolinas AGC (CAGC) 1100 Euclid Ave
Charlotte NC 28203 704-372-1450
Metrolina Contractors Resource Center
3124 W. Trade Street, Suite A, 704-332-5746
Hispanic Contractors Association of Carolinas 2923 E Independence Blvd
Charlotte NC 28205 877-227-1680
4. MANDATORY SUBCONTRACTING REQUIREMENTS
Per Part B Section 2.5 of the SBO Program, City Council has the authority to establish mandatory, subcontracting requirements for certain contracts. The blank checked below indicates whether such requirements have been established for this Contract:
City Council has established a mandatory subcontracting requirement of percent ( %) for this Contract.
City Council has not established a mandatory subcontracting requirement for this Contract. 5. SBO PROGRAM PROVISIONS APPLICABLE AFTER CONTRACT AWARD
If you are awarded a Contract with Rodgers Builders, Inc., note in particular the following Sections of the SBO Program that relate to post award requirements and activity:
a. Compliance with committed SBE utilization level throughout the Contract per Part D Section 2 of the
SBO Program. b. Terminating or Replacing an SBE on a contract per Part D Section 5 of the SBO Program. c. New Subcontractor Opportunities/Additions to Scope, Contract Amendments per Part D Section 6 of the
SBO Program. d. Payments to SBEs per Part D Section 7 of the SBO Program. e. Utilization Reports and Documentation of Payments per Part D Section 8 of the SBO Program.
6. SBO CONTRACT PROVISIONS
The following provisions are incorporated into any contract that may result from this solicitation. Small Business Opportunity Program. Rodgers Builders, Inc. has adopted a Small Business Opportunity Program, which is posted on the City’s website and available in hard copy form upon request to Rodgers Builders, Inc.. The parties agree that:
(i) The terms of the City’s Small Business Program, as revised from time to time, together with all rules and
guidelines established under such program (collectively, the “SBO Program”) is incorporated into this Agreement by reference; and
(ii) A violation of the SBO Program shall constitute a material breach of this Agreement, and shall entitle Rodgers Builders, Inc. to exercise any of the remedies set forth in Part D of the SBO Program, including but not limited to liquidated damages; and
Revised June 1, 2007 (E&PM)
(iii) Without limiting any of the other remedies Rodgers Builders, Inc. has under the SBO Program, Rodgers Builders, Inc. shall be entitled to withhold periodic payments and final payment due to the Contractor under this Agreement until Rodgers Builders, Inc. has received in a form satisfactory to Rodgers Builders, Inc. all claim releases and other documentation required by the City’s SBO Program, and 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 G.S. 143-134.1; and
(iv) The remedies set forth in Part D Section 13 of the SBO Program shall be deemed cumulative and not exclusive and may be exercised successively or concurrently, in addition to any other available remedy; and
(v) Rodgers Builders, Inc. will incur costs if the Contractor violates the SBO Program, and such costs are difficult to ascertain due to their indefiniteness and uncertainty. Accordingly, the Contractor agrees to pay Rodgers Builders, Inc. liquidated damages at the rates set forth in Part D of the SBO Program.
(vi) The Contractor agrees to participate in any dispute resolution process specified by Rodgers Builders, Inc. from time to time for the resolution of disputes arising from the SBO Program.
(vii) Nothing in this Section shall be construed to relieve a Contractor from any obligation it may have under N.C. Gen. Stat. 143-134.1 regarding the payment of subcontractors.
Remedies for Violation of SBO Program. A violation of the SBO Program by a Contractor shall constitute a material breach of the Contract, and shall entitle Rodgers Builders, Inc. or private owner to:
(i) Exercise all rights and remedies that it may have at law or at equity for violation of the SBO Program;
Terminate the Contract for default; (ii) Suspend the Contract for default; (iii) Withhold all payments due to the Contractor under the Contract until such violation has been fully cured
or Rodgers Builders, Inc. and the Contractor have reached a mutually agreeable resolution; (iv) Assess liquidated damages as provided in the following Part D Section 13.2; and/or (v) Offset any liquidated damages and/or any amounts necessary to cure any violation of the SBO Program
from any retainage being held by Rodgers Builders, Inc. on the Contract, or from any other amounts due to the Contractor under the Contract.
The remedies set forth herein shall be deemed cumulative and not exclusive, and may be exercised successively or concurrently, in addition to any other available remedy.
Liquidated Damages. Rodgers Builders, Inc. and the Contractor acknowledge and agree that Rodgers Builders, Inc. will incur costs if the Contractor violates the SBO Program in one or more of the ways set forth below. The parties further acknowledge and agree that Rodgers Builders, Inc. will incur damages as a result of such failure, but that the costs Rodgers Builders, Inc. might reasonably be anticipated to accrue as a result of such failures are difficult to ascertain due to their indefiniteness and uncertainty. Accordingly, the Contractor agrees to pay Rodgers Builders, Inc. liquidated at the rates set forth below for each specified violation of the SBO Program. The Contractor further agrees that for each specified violation the agreed upon liquidated damages are reasonably proximate to the loss Rodgers Builders, Inc. will incur as a result of such violation:
(i) Failure to meet the SBE Goal. If Rodgers Builders, Inc. determines upon completion or termination of
a Contract that the Contractor did not meet the Committed SBE Goal and that such failure is not otherwise excused under Part D Section 2, Rodgers Builders, Inc. may assess the lesser of : (a) $30,000 or (b) the dollar difference between the Committed SBE Goal and the Contractor’s actual SBE utilization;
(ii) Using SBE as a Conduit. If the Contractor lists an SBE to receive credit toward a Committed SBE Goal with knowledge that the SBE will be acting as a Conduit or will not be performing a Commercially Useful Function reasonably commensurate with the payment amount for which the Contractor will be seeking credit, Rodgers Builders, Inc. may assess the lesser of: (a) $20,000 or (b) the dollar amount the Contractor indicated that it would pay such SBE in the SBEs contract (or if no contract has been signed, the SBE’s Letter of Intent);
(iii) Wrongful Termination or Replacement of SBE Services. If the Contractor terminates or replaces an SBE in violation of the SBO Program, Rodgers Builders, Inc. may assess the lesser of: (a) $20,000 or (b) the dollar amount of the work remaining to be performed by the terminated SBE at the time it was
Revised June 1, 2007 (E&PM)
terminated (or if the SBE was not terminated because it was never retained, then, the dollar amount that the Contractor indicated it would pay the SBE in the SBE’s letter of intent) or ;
(iv) Failure to Comply with SBO Program Upon Termination or Withdrawal by SBE. If the Contractor fails to comply with Part D Section 5 of the SBO Program upon the termination or withdrawal of an SBE the City may assess the lesser of: (a) $20,000 or (b) the dollar amount of the work remaining to be performed by the SBE that withdrew or was terminated at the time of the termination or withdrawal;
(v) Failure to Comply with SBO Program to Add New Subcontractors. If the Contractor fails to comply with Part D of the SBO Program in adding new subcontractors to a Contract, or in the event of a Contract amendment or increase in the scope of work on a contract, Rodgers Builders, Inc. may assess the lesser of: (a) $20,000; or (b) the dollar amount of the new or additional work;
(vi) False Statements and Misrepresentations. If the Contractor makes a false statement or material misrepresentation regarding any matter relevant to the SBO Program (including but not limited to information provided regarding payments made to SBEs), Rodgers Builders, Inc. may assess the lesser of: (a) $25,000; or (b) the dollar difference between what the Contractor represented and the truth;
(vii) Failure to Respond to Request for Information. If the Contractor fails to provide any report, documentation, affidavit, certification or written submission required under the SBO Program within the time period ser forth therein, Rodgers Builders, Inc. may assess $25 per day for each day that such report, documentation or written submission is overdue.
7. SBO FORMS
Bidders shall submit the following forms with Bid document or at a time specified:
Submission Requirements Form No. Notification of Subcontractor / Purchasing Opportunities. Identifies all the subcontracting or supplier opportunities available on the Contract.
Submission is optional. If submitted, it must be received by Rodgers Builders, Inc. fourteen (14) Calendar Days before the Bid Opening date.
Form 1
SBE Solicitation. Identifies all SBEs the Bidder contacted or those that contacted the Bidder and the scope of work for which they were contacted. Includes date and method of contact for SBE firms. Good Faith Negotiation is documented on this form.
Rodgers Builders, Inc. will request this form from finalists for contract award. Must submit within three (3) Business Days after requested by Rodgers Builders, Inc.
Form 2
Subcontractor / Supplier Utilization Commitment. Identifies all subcontractors, suppliers, manufacturers, brokers and/or members of a joint venture to be utilized on the contract and dollar amounts committed to SBEs. Bidders must include all subcontractors known at the time the Bid or proposal is submitted.
Due with bid.
Form 3
Letter of Intent. Bidders must submit a separate Letter of Intent executed by each SBE listed on Form 3 that the Bidder will use on the Contract.
Rodgers Builders, Inc. will request this form from finalists for contract award. Must submit within three (3) Business Days after requested by Rodgers Builders, Inc.
Form 4 or alternative as permitted by the City
Good Faith Efforts (GFE) / Statement of GFE Compliance. States the minimum GFE points required for this solicitation and the number of points attributable to each GFE item. Bidder must check each GFE item for which it earned points, as described in Part C Section 5.3 of the SBO Program.
Rodgers Builders, Inc. will request this form from finalists for contract award. Must submit within one (1) Business Days after requested by Rodgers Builders, Inc.
Form 5
Revised June 1, 2007 (E&PM)
Payment Affidavit. Contractor shall provide with each pay request to Rodgers Builders, Inc. a payment affidavit showings payments made to all subcontractors, suppliers, manufacturers, brokers, and / or members of a joint venture in connection with the contract.
Due with each pay request. Form 6 or alternative proof as permitted by the City
All SBO Forms are also available on-line at http://epmcontracts.charmeck.org. Forms must be received by fax, e-mail or US Mail.
8. Please find below a list of activities that Rodgers Builders, Inc. has identified as potential Small Business
Enterprise (SBE) subcontracting opportunities. This is a potential listing not all inclusive. Bidder may identify additional or different opportunities.
NIGP Code Description
15033 Grout, Drywall 91075 Wall and Ceiling Repair 96269 Temporary Labor
A list of SBE vendors can be accessed at the following Website: http://smallbiz.charmeck.org A SBE vendor source list is also included herein.
DRYWALL ASSEMBLIES SBE LIST
by NIGP Code 15033 - Grout, Drywall Access Consulting Services Co. VMS #: SM9116 Physical 4822 Albemarle RD Contact: Kevin Smith Address: Charlotte NC 28205 Phone: (704) 536-9815 Fax: (704) 536-9816 Mailing P.O. Box 25769 E-Mail: [email protected] Address: Charlotte NC 28229 Website: www.accesservices.net Certification Dates: MWBE-Jan 5 2007 - Jan 5 2010 , SBE-Jan 5 2007 - Jan 5 2010
Do It All Interiors Remodeling & Renovations VMS #: SM9883 Physical 6206 Cross Creek LN Contact: Raymond A. Brown Address: Charlotte NC 28212 Phone: (980) 721-6391 Fax: Mailing P.O. Box 30701 E-Mail: [email protected] Address: Charlotte NC 28230 Website: Certification Dates: MWBE-Oct 17 2007 - Oct 17 2010 , SBE-Oct 17 2007 - Oct 17 2010
Inner City Drywall, Inc. VMS #: SM8796 Physical 6016F McDaniel LN Contact: Arthur Person Address: Charlotte NC 28213 Phone: (704) 597-5552 Fax: (704) 597-2047 Mailing PO Box 561884 E-Mail: [email protected] Address: Charlotte NC 28256 Website: Certification Dates: SBE-Dec 27 2005 - Dec 27 2008 , MWBE-Dec 27 2005 - Dec 27 2008
K.A.F. Construction Co., LLC VMS #: S13007 Physical 9829 Parkridge AV Contact: Lynn Freeman Address: Charlotte NC 28214 Phone: (704) 392-6506 Fax: Mailing E-Mail: Address: Website: Certification Dates: SBE-Mar 18 2005 - Mar 18 2008
Versatile Handyman Services VMS #: SM16532 Physical 3239 Edsel PL Contact: Marc Reid Address: Charlotte NC 28205 Phone: (704) 712-0650 Fax: Mailing E-Mail: Address: Website: Certification Dates: SBE-Jul 9 2007 - Jul 9 2010 , MWBE-Jul 9 2007 - Jul 9 2010
91075 - Wall and Ceiling Repair and Replacement (Including Drywalling) Do It All Interiors Remodeling & Renovations VMS #: SM9883 Physical 6206 Cross Creek LN Contact: Raymond A. Brown Address: Charlotte NC 28212 Phone: (980) 721-6391 Fax: Mailing P.O. Box 30701 E-Mail: [email protected] Address: Charlotte NC 28230 Website: Certification Dates: MWBE-Oct 17 2007 - Oct 17 2010 , SBE-Oct 17 2007 - Oct 17 2010
Page 1 of 3 Discovery Place Renovations - Phase 2 - Drywall
91075 - Wall and Ceiling Repair and Replacement (Including Drywalling) Hoyle's General Contractor, Inc. VMS #: SM9265 Physical 701-Q Atando AV Contact: Alvarez Abernathy Address: Charlotte NC 28206 Phone: (704) 371-4559 Fax: (704) 371-4579 Mailing E-Mail: [email protected] Address: Website: www.hoylec.com Certification Dates: SBE-Dec 11 2006 - Dec 11 2009 , MWBE-Dec 11 2006 - Dec 11 2009
Inner City Drywall, Inc. VMS #: SM8796 Physical 6016F McDaniel LN Contact: Arthur Person Address: Charlotte NC 28213 Phone: (704) 597-5552 Fax: (704) 597-2047 Mailing PO Box 561884 E-Mail: [email protected] Address: Charlotte NC 28256 Website: Certification Dates: SBE-Dec 27 2005 - Dec 27 2008 , MWBE-Dec 27 2005 - Dec 27 2008
Munoz Contracting, LLC VMS #: SM8383 Physical 1801 Choyce CI Contact: Jose L. Munoz Address: Charlotte NC 28217 Phone: (704) 713-6308 Fax: (704) 527-7624 Mailing 1801 Choyce CI E-Mail: [email protected] Address: Charlotte NC 28217 Website: www.munozcontracting.com Certification Dates: MWBE-May 4 2007 - May 4 2010 , SBE-May 4 2007 - May 4 2010
Schotte 1 Construction Inc VMS #: SM16869 Physical 5311 77 Center Drive Contact: Fritz Schotte Address: Charlotte NC 28202 Phone: (704) 401-8945 Fax: (704) 529-2664 Mailing E-Mail: [email protected] Address: Website: Certification Dates: MWBE-Oct 9 2007 - Oct 9 2010 , SBE-Oct 9 2007 - Oct 9 2010
Stevens Interiors, Inc. VMS #: S16662 Physical 529 Tulip DR Contact: Thomas A. Stevens Address: Gastonia NC 28052 Phone: (704) 868-8300 Fax: (704) 868-8005 Mailing E-Mail: [email protected] Address: Website: Certification Dates: SBE-Nov 8 2007 - Nov 8 2010
Swartz's & Crabtree VMS #: SM14442 Physical 2134 Downing ST Contact: Rosie Hamilton Address: Charlotte NC 28205 Phone: (704) 621-0288 Fax: Mailing P.O. Box 32754 E-Mail: [email protected] Address: Charlotte NC 28232 Website: Certification Dates: SBE-Nov 10 2005 - Nov 10 2008 , MWBE-Nov 10 2005 - Nov 10 2008
Page 2 of 3 Discovery Place Renovations - Phase 2 - Drywall
91075 - Wall and Ceiling Repair and Replacement (Including Drywalling) The AZ Group Contractors, Inc. VMS #: SM17088 Physical 4421-B Central AV Contact: Key Ramos Address: Charlotte NC 28205 Phone: (704) 532-1400 Fax: (704) 532-3772 Mailing E-Mail: [email protected] Address: Website: Certification Dates: SBE-Jan 4 2008 - Jan 4 2011 , MWBE-Jan 4 2008 - Jan 4 2011
Vanderhall & Alexander Construction, LLC VMS #: SM16706 Physical 2121 Commonwealth AV Contact: Antwan Alexander Address: Charlotte NC 28205 Phone: (704) 333-5557 Fax: (704) 333-5560 Mailing E-Mail: [email protected] Address: Website: Certification Dates: SBE-Sep 26 2007 - Sep 26 2010 , MWBE-Sep 26 2007 - Sep 26 2010
Vecumex Construction, Inc VMS #: SM15093 Physical 8915 Fuschia CT Contact: Carlos Gonzalez Address: Charlotte NC 28206 Phone: (704) 506-2271 Fax: (704) 563-1459 Mailing E-Mail: [email protected] Address: Website: Certification Dates: SBE-Apr 28 2006 - Apr 28 2009 , MWBE-Apr 28 2006 - Apr 28 2009
Williams Realty & Remodeling, Inc. VMS #: SM17186 Physical 2317 Laura DR Contact: Michael Williams Address: Charlotte NC 28212 Phone: (704) 804-1112 Fax: (704) 804-1112 Mailing E-Mail: williamsrealtyand [email protected] Address: Website: www.myspace.com/williamsremodeling Certification Dates: MWBE-Feb 8 2008 - Feb 8 2011 , SBE-Feb 8 2008 - Feb 8 2011
96269 - Personnel Services, Temporary Absolute Business Connections, Inc. VMS #: SM16725 Physical 5701 Executive Center DR Contact: Donna Rodgers Address: Charlotte NC 28212 Phone: (704) 537-0010 Fax: (704) 537-0701 Mailing P.O. Box 25767 E-Mail: [email protected] Address: Charlotte NC 28212 Website: www.absolutebusinessconnections.com Certification Dates: SBE-Sep 24 2007 - Sep 24 2010 , MWBE-Sep 24 2007 - Sep 24 2010 C.C. Smith Construction, Inc. VMS #: SM8330 Physical 9111 Washam Potts RD Contact: Zandra Smith Address: Cornelius NC 28031 Phone: (704) 890-1909 Fax: (704) 892-6137 Mailing 1022 Carter AV E-Mail: [email protected] Address: Charlotte NC 28206 Website: Certification Dates: SBE-Apr 7 2006 - Apr 7 2009 , MWBE-Apr 7 2006 - Apr 7 2009
Pro Labor Power VMS #: SM8377 Physical 9009 Albemarle RD Contact: Robert Janda Address: Charlotte NC 28227 Phone: (704) 491-0678 Fax: (815) 717-7413 Mailing 9009 Albemarle RD E-Mail: [email protected] Address: Charlotte NC 28227 Website: Certification Dates: MWBE-Feb 5 2007 - Feb 5 2010 , SBE-Feb 5 2007 - Feb 5 2010
Page 3 of 3 Discovery Place Renovations - Phase 2 - Drywall
Small Business Opportunity Program
Revised June 1, 2007
Notification of Subcontracting / Purchasing Opportunities SBOP Form 1
** Per Part B, Section 5.3.1 of the SBO Program, in order to receive credit as a Good Faith Effort (GFE), a Bidder must provide to Rodgers Builders Inc., no later than 14 Days before Bid Opening this Form 1 or another document providing the same information. (POTENTIAL GFE Points: 15)
Bidder Name:
Project Name: Discovery Place Renovation – Phase 2 – Drywall Project Number: 512-06-023
Identify the portions of the contract for which there are intended subcontractor, supplier, or service provider opportunities.
NIGP code Description of Service or Goods (as identified in bid)
Submit this form to: Jasmine Hines
E-mail: [email protected]
Fax Number: 704-372-3341
Small Business Opportunity Program
Revised June 1, 2007
SBE Solicitation Form SBOP Form 2 Copy this Form as needed. (page 1 of 2)
** Per Part B, Section 5.3.2.3 of the SBO Program, in order to receive credit for Contacting SBEs, a Bidder must submit an SBE Solicitation Form (Form 2) within one (1) Business Days after requested by Rodgers Builders, Inc. (POTENTIAL GFE Points: 10)
Bidder Name:
Project Name: Discovery Place Renovation – Phase 2 – Drywall Project Number: 512-06-023
SBE Firm: Contact Person: NIGP Code: Scope of Work: Initial Contact Date: Method: Phone Fax Email Courier Mail In person Follow-up: Date: Method: Phone In person Response: No response Not bidding Is bidding $ ______________ Other (explain) Selected? Yes No SBE Firm: Contact Person: NIGP Code: Scope of Work: Initial Contact: Date: Method: Phone Fax Email Courier Mail In person Follow-up: Date: Method: Phone In person Response: No response Not bidding Is bidding $ ______________ Other (explain) Selected? Yes No SBE Firm: Contact Person: NIGP Code: Scope of Work: Initial Contact: Date: Method: Phone Fax Email Courier Mail In person Follow-up: Date: Method: Phone In person Response: No response Not bidding Is bidding $ ______________ Other (explain) Selected? Yes No SBE Firm: Contact Person: NIGP Code: Scope of Work: Initial Contact: Date: Method: Phone Fax Email Courier Mail In person Follow-up: Date: Method: Phone In person Response: No response Not bidding Is bidding $ ______________ Other (explain) Selected? Yes No SBE Firm: Contact Person: NIGP Code: Scope of Work: Initial Contact: Date: Method: Phone Fax Email Courier Mail In person Follow-up: Date: Method: Phone In person Response: No response Not bidding Is bidding $ ______________ Other (explain) Selected? Yes No
Small Business Opportunity Program
Revised June 1, 2007
SBE Solicitation Form SBOP Form 2 Copy this Form as needed. (page 2 of 2)
Pursuant to Part B, Section 4.4 of the SBO Program (Failure to Negotiate In Good Faith), Rodgers Builders, Inc. may find that a Bidder did not meet its Good Faith Negotiation obligation if in Rodgers Builders’ judgment, the Bidder rejects an Interested SBE’s bid for reasons other than: (a) the SBE’s bid was higher than what was proposed by the subcontractor or supplier the Bidder decided to use or higher than the Bidder’s cost of performing such work on its own; (b) the SBE was not a “Qualified SBE” as defined in Part A; or (c) the Business Enterprise that will be performing in place of the Interested SBE is more qualified than the Interested SBE, to the extent that such difference in qualification would materially impact the Bidder’s Bid, or (d) there was a material deficiency with the Interested SBE’s bid (such as it being submitted late, containing inaccurate information, etc.). The undersigned certifies that the information submitted on this Form 2 is true and accurate as of the date indicated below. The undersign further certifies that contacts by U.S. Postal Service, telephone conversations and in person contacts documented on this Form 2 were made in accordance with the requirements of Part B, Section 5.3.2 of the SBO Program and that this shall satisfy as the affidavit confirming such contacts.
Company
Signature of Authorized Official Title Submittal Date
Sworn to before me this day of __________________________ , 200____
NOTARY PUBLIC
My commission expires on
Small Business Opportunity Program
Revised June 1, 2007
Subcontractor / Supplier Utilization Commitment SBOP Form 3 This form MUST be submitted with your bid. (page 1 of 2)
Bidder Name:
Project Name: Discovery Place Renovation – Phase 2 – Drywall Assemblies Project Number: 512-06-023
1. Below is a list of all SBEs that you intend to use on this contract
SBE Name Description of work / materials NIGP code VMS # Total Projected $
I acknowledge that I have inquired with each SBE listed above as to their Certification Status (i.e. - the SBE expiration date)
2. Below is a list of all non-SBEs that you intend to use on this contract
Firm Name Description of work / materials NIGP code VMS #
Total Subcontractor / Supplier Utilization (including SBEs and Non-SBEs) $ Total SBE Utilization $
Total Bid Amount (including Contingency) $ Percent SBE Utilization (Total SBE Utilization divided by Total Bid Amount) %
** If SBE Goal is not met, please provide an explanation here:
Signature of Authorized Official Printed Name Title Submittal Date
Small Business Opportunity Program
Revised June 1, 2007
Subcontractor / Supplier Utilization Commitment SBOP Form 3 This form must be submitted with your bid. (page 2 of 2)
All Subcontractors and Suppliers must be registered with the City of Charlotte. Pursuant to Appendix A, Section 8 of the SBO Policy, each subcontractor or supplier (non-SBE and SBE subcontractors) that you use on this contract must be registered in the City’s vendor registration database. You will need to provide the vendor registration number for each subcontractor and supplier used on this contract as a condition for receiving final payment on this Contract. What happens if you add 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, pursuant to Part D of the SBO Program, you must comply with the following:
• You must maintain the level of SBE participation proposed on this form throughout the duration of the Contract, except as specifically allowed in Part D, Section 2.2.
• If you need to add or replace an SBE, you must comply with Part D, Section 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 Part D, Section 6.
Subcontractor/Supplier Utilization Commitment Pursuant to Part B, Section 3.6, Rodgers Builders Inc. Solicitation Documents for each Construction Contract will include a form labeled “Subcontractor/Supplier Utilization Commitment” (“Form 3”), which captures information regarding the SBEs and other subcontractors and suppliers that the Bidder intends to use on the Contract. Failure to properly complete and submit Form 3 with the Bid constitutes grounds for rejection of the Bid. Pursuant to Part B, Section 3.7, within (3) Business Days after receiving a request from Rodgers Builders, Inc (or within such longer time as may be communicated by Rodgers Builders, Inc. in writing), Bidders must submit a separate Letter of Intent for each SBE listed on Form 3. Bidders may use the Letter of Intent that Rodgers Builders, Inc. provides with Rodgers Builders, Inc.’s Solicitation Documents or may use an alternative form if it contains the same information as Form 4. Regardless of the form, each Letter of Intent must be executed by both the SBE and the Bidder. Rodgers Builders, Inc. shall not count proposed SBE utilization for which it has not received a Letter of Intent within such time period, unless the SBE certifies to Rodgers Builders, Inc. that it originally agreed to participate in the Contract at the level reported by the Bidder, but subsequently declined to do so.
Signature Your signature on the preceding page indicates that the undersigned Company certifies and agrees that (a) it has complied with all provisions of the SBO Program and (b) failure to properly document such compliance in the manner and within the time periods established by the SBO Program shall constitute a forfeiture of the Company’s bid bond, and shall entitle Rodgers Builders, Inc. to recover under the bid bond and, (c) in the absence of a bid bond, such failure shall entitle Rodgers Builders, Inc. to recover damages for breach of contract.
Small Business Opportunity Program
Revised June 1, 2007
Letter of Intent SBOP Form 4
** Per Part B, Section 3.7, Bidders must submit a separate Letter of Intent for each SBE listed on Form 3 within (3) Business Days after receiving a request from Rodgers Builders, Inc. Bidders may use the Form 4 provided with Rodgers Builders, Inc.’s Solicitation Documents or an alternative form containing the same information as Form 4. Each LOI must be executed by both the SBE and the Bidder.
Pursuant to Part D, Section 5.3.1, Bidders shall also be required to provide a Form 4 for each SBE they add to a Contract subsequent to Contract award. Bidder Name:
Project Name: Discovery Place Renovation – Phase 2 - Drywall Assemblies Project Number: 512-06-023
Bidders must submit a separate Letter of Intent for each SBE listed on Form 3 and this form must be signed by both the Bidder and SBE firm.
A. To be completed by the Bidder/Service Provider
Name of Bidder:
Address:
Contact Person:
Telephone: Fax:
I, the bidder, acknowledge a QuickPay Commitment or QuickPay Agreement has been extended to this SBE for the work identified below, and that I have submitted, either previously or with this Form, a copy of said Agreement. YES NO
B. To be completed by SBE at any tier Name of SBE:
Address:
Contact Person:
Telephone: Fax:
I, the SBE, certify that my SBE Certification Profile is active and up to date. Certification Expiration Date: / / .
C. Identify in complete details the scope of work to be performed or item(s) to be supplied by the SBE. On unit price bids, identify which bid line item the SBE’s scope of work or supply corresponds:
D. Cost of work to be performed by SBE: $
E. Cost of work to be performed by SBE as a percentage of total amount of City contract: %
Bidder certifies that it intends to utilize the SBE listed above, and that the description, cost and percentage of work to be performed by the SBE as described above is accurate. The SBE Firm certifies that it has agreed to provide such work/supplies for the amount stated above.
Bidder: Date: Signature and Title
SBE Firm: Date: Signature and Title
Small Business Opportunity Program
Revised June 1, 2007
Good Faith Efforts (GFE) and Statement of GFE Compliance SBO Form 5 If NOT meeting the goal, Bidder must submit this form within one business days after Rodgers Builders, Inc. requests it. (Page 1 of 3)
Bidder Name:
Project Name: Discovery Place Renovation – Phase 2 – Drywall Assemblies Project Number: 512-06-023
Below is a list of Good Faith Efforts as defined in Part B: Section 5.3. To the left of each item is the number of points assigned to that item for this project. Please place an “X” in the first column for each item you are claiming credit. Failure to achieve the minimum number of Good Faith Efforts points stated in the blank below constitutes grounds for rejection of your bid.
Minimum Number of GFE Points Required: 170
15 Section 5.3.1: Notification of Subcontracting Opportunities. Providing to Rodgers Builders, Inc. not later than fourteen (14) calendar days prior to Bid Opening a list of the areas in which the Bidder intends to seek subcontractors and suppliers. The Bidder may report this information on Form 1 or on another document providing the same information as Form 1.
10
Section 5.3.2: SBE Contacts: To receive credit for this GFE, the Bidder must contact a minimum number of SBEs, as specified in Rodgers Builders, Inc. Solicitation Documents. Further, a Bidder must submit an SBE Solicitation Form (“Form 2”) within 3 Business Days after Rodgers Builders, Inc. requests it, unless a different time is specified in Rodgers Builders, Inc. Solicitation Documents.
A Bidder must make the required contacts not less than 7 Days before Bid Opening to receive credit. Refer to Part B, Section 5.3.2 of the SBO Policy for requirements of the Solicitation Method, Solicitation Content, and Solicitation Documentation.
10
Section 5.3.3: Making Plans Available. Making any project descriptions, construction plans, specifications or requirements applicable to the project available for review by Interested SBEs at least seven (7) calendar days before Bid Opening.
To satisfy this requirement, the Bidder must either: (a) provide SBEs with a hard copy of the Project Documents via an acceptable means of document delivery; OR (b) provide necessary physical access and adequate time for SBEs to fully review the Project documents at the Bidder’s place of business within the Charlotte MSA or, if the Bidder has no place of business within the Charlotte MSA, at an alternate location within the Charlotte MSA where the information can be reviewed at no cost to SBEs; AND (c) notify all SBEs contacted as part of the Bidder’s Section 5.3.2 SBE contacts of the locations (including the address) where plans, specifications, and other documents applicable to the Project, can be reviewed.
15 Section 5.3.4: Breaking Down Work. To receive credit for this GFE, the Bidder MUST: (a) notify SBEs as part of a Bidder’s Section 5.3.2 SBE Contacts that the Bidder is willing to divide or combine elements of work into economically feasible units on a case-by-case basis to facilitate SBE participation, and (b) negotiate in good faith with any SBEs that request such divisions.
10 Section 5.3.5: Attendance at Pre-Bid. To receive credit for this GFE, the Bidder must attend any pre-bid meetings scheduled by Rodgers Builders, Inc. for the Contract in question.
15
Section 5.3.6: Conducting a Pre-Bid for SBEs. To receive credit for this GFE, the Bidder MUST conduct a pre-bid meeting for SBEs at least three (3) Business days prior to Bid Opening. The pre-bid meeting must take place within Mecklenburg County, or, if the Bidder has no place of business within Mecklenburg County, at an alternate location within the Charlotte MSA. Not less than 48 hours before the pre-bid meeting, the Bidder must communicate the time and location of the meeting to the SBEs that the Bidder is required to contact to earn GFE points under Section 5.3.2.
40
Section 5.3.7: Training and Mentoring. A Bidder may receive credit for this GFE in one of two (2) ways: (a) Training: Providing training or mentoring to at least two (2) SBEs within 120 days before Bid Opening and the Bidder
must have the training or mentoring certified by the Program Manager.
(b) SBDP Mentor-Protégé Program. The Bidder may also receive credit for this GFE if the Bidder demonstrates that it is participating in the Small Business Development Mentor-Protégé program and that it is a mentor in good standing. The Program Manager shall have the discretion to deny credit for mentoring and training if the mentor is not in good standing.
Small Business Opportunity Program
Revised June 1, 2007
Good Faith Efforts (GFE) and Statement of GFE Compliance SBO Form 5 (Page 2 of 3)
Bidder Name:
Project Name: Discovery Place Renovation – Phase I - Drywall Assemblies Project Number: 512-06-023
10
Section 5.3.8: Working with SBE Assistance Organizations. To receive credit for this GFE, the Bidder must document that they have performed one of the following within the (120) day period preceding the Bid Opening for an SBE Assistance Organization as defined in Appendix 1 of Part A:
(a) Provide location for SBE Assistance Organization Event: Providing a meeting location for the SBE Assistance Organization to host a regular meeting or special event at no cost or at a reduced rate.
(b) Provide training for SBE Assistance Organization members: Providing training or facilitating workshops aimed at increasing the capacity or skill level or the SBE Assistance Organization members, or participating in training or a workshop sponsored by the SBE Assistance Organization.
(c) Contracting with new SBE: Documenting that the SBE Assistance Organization helped to identify an SBE with whom the Bidder subsequently subcontracted work (whether on a City Construction Contract or other contract). Rodgers Builders, Inc. will not give the Bidder credit for this GFE if the Bidder contracts with an SBE that the Bidder has used on previous projects.
20
Section 5.3.9: Bonding or Insurance Assistance on Construction Contract. To receive credit for this GFE, the Bidder must assist an SBE in obtaining its own bond or insurance coverage for a City contract or another contract by (a) providing direct assistance, (b) showing that the SBE did not have access to the bond or insurance coverage before the Bidder’s assistance; and (c) providing the assistance within the 120 Days preceding the Bid Opening.
To document satisfaction of this GFE, the Bidder must submit: (a) the name of the SBE; (b) a description of the assistance the Bidder provided; (c) the date the Bidder provided the assistance; (d) the name of a contact person with the SBE who can verify that the Bidder provided the assistance; and (e) any additional information requested by Rodgers Builders, Inc.
20
Section 5.3.10: Covering Subcontractors Under Bidder’s Bond or Insurance on the Construction Contract Up for Award. To receive credit for this GFE, the Bidder must commit to cover one or more SBEs under the Bidder’s bond or insurance for work that the Bidder and Rodgers Builders, Inc. would typically require a bond, without requiring the SBEs to provide their own bond or insurance coverage. To document satisfaction of this GFE, the Bidder must (a) identify the SBE to which the Bidder made the commitment; and (b) document that such commitment was communicated to the SBE before the Bidder received the SBE’s bid. Bidders will not receive credit for bonding SBEs on work for which Rodgers Builders, Inc. does not typically require a bond, such as hauling.
20
Section 5.3.11: Entering Into Joint Venture with SBEs. To receive credit for this GFE, the Bidder must document the existence of a Joint Venture agreement between the Bidder and an SBE that increases opportunities for SBE business participation, whether on City Contracts or other contracts. To document satisfaction of this GFE, Bidders must document that they have entered into such an agreement within the 120 Days before the Bid Opening, and such documentation must include; (a) the name of the SBE; (b) a description of the Joint Venture; (c) evidence of the date the Bidder and the SBE entered into the agreement; and (d) the name of a contact person with the SBE who can verify the terms of the agreement.
25
Section 5.3.12: Facilitating Joint Ventures between SBEs. To receive credit for this GFE, the Bidder must within the 120 Days before the Bid Opening facilitate a Joint Venture agreement between SBEs that would not otherwise be able to participate in the Construction Contract. To document satisfaction of this GFE, the Bidder must: (a) comply with Section 3.4.4 (b) submit the names of the two SBEs for which the Bidder facilitated a Joint Venture; (c) provide a description of the steps the Bidder took to facilitate the Joint Venture; and (d) provide a statement from at least one of the SBEs indicating that it would not have been able to participate in the Construction Contract but for the Joint Venture. Additionally, the SBE Joint Venture must be listed on Form 3 as an SBE participating in the Construction Contract for which the Bidder is submitting a Bid.
25
Section 5.3.13: Financial Assistance. To receive credit for this GFE, the Bidder must provide one of the following types of assistance to an SBE during the preceding 90 Days before Bid Opening: (a) assistance in obtaining equipment, a loan, capital, lines of credit, (b) joint pay agreements or guaranties to secure loans, the purchase of supplies, or letters of credit, including waiving credit that is ordinarily required; or (c) assistance in obtaining the same unit pricing with the Bidder’s suppliers as the Bidder. Such assistance may be in connection with a City Construction Contract or any other contract.
To receive credit for this GFE, Bidders must document: (a) the name of the SBE; (b) the description of the assistance the Bidder provided; (c) the date the Bidder provided the assistance; and (d) the name of a contact person with the SBE who can verify that the Bidder provided the assistance was provided.
Small Business Opportunity Program
Revised June 1, 2007
Good Faith Efforts (GFE) and Statement of GFE Compliance SBO Form 5 (Page 3 of 3)
Bidder Name:
Project Name: Discovery Place Renovation – Phase I - Drywall Assemblies Project Number: 512-06-023
20
Section 5.3.14: Quick Pay Agreements On The Construction Contract Up For Award. For purposes of this Section, the term “Quick Pay Commitment” means a commitment to pay all SBEs participating in the Construction Contract within 20 Days after the Contractor confirms that the SBE has properly performed and the SBE’s work has been properly completed.
To receive credit for this GFE, Bidders must either: (a) provide Rodgers Builders, Inc. with a copy of a policy containing the above-referenced Quick Pay Commitment that the Bidder has adopted for the project and document that the Bidder informed each SBE about the Quick Pay Commitment as part of the Bidder’s SBE contacts under Section 5.3.2; OR (b) provide a legally binding Quick Pay Commitment in the form of an Agreement with each SBE that will participate in the Construction Contract up for award. Including a statement in a Bid solicitation letter indicating that the Bidder will consider entering into quick pay agreements will not suffice.
0
Section 5.3.15: Attendance at City SBO Workshops or Networking Sessions. To receive credit for this GFE, the Bidder must attend a workshop, seminar or networking session held by Rodgers Builders, Inc. to (a) educate contractors or SBEs about the requirements of the SBO Program and how Bidders can comply with the Program; or (b) increase the capacity or skill level of SBEs; or (c) provide networking opportunities for SBEs. To receive credit for this GFE, Bidders must document that they attended such a workshop or seminar during the preceding 90-Days before Bid Opening. The KBU shall not give Bidders credit toward this GFE category for the Bidder’s attendance at a Pre-Bid conference.
15
Section 5.3.16: Follow-up Contacts. To receive credit for this GFE, the Bidder must follow-up with each SBE that the Bidder contacted under Section 5.3.2 that did not reply that it was unwilling to participate in the Construction Contract.
Additionally, the Bidder must: (a) make each follow-up contact subsequent to the initial contact and at least 48 hours before Bid Opening; (b) make each follow-up contact by telephone or in person and (c) provide documentation for each follow-up contact in accordance with Section 5.3.2.3. Rodgers Builders, Inc. may request additional documentation in accordance with Section 5.3.2.4, and may verify the contacts as Rodgers Builders, Inc. deems appropriate.
15 Section 5.3.17: Achieving 50% of SBE Participation Goal. To receive credit for this GFE, the Bidder’s Committed SBE Goal must be at least 50% of the SBE Goal established by Rodgers Builders, Inc. for the Contract.
20
Section 5.3.18: Additional SBE Outreach. To receive credit for this GFE, not less than 7 Days before the Bid Opening, a Bidder must contact 75% of the total number of SBEs Rodgers Builders, Inc. lists or identifies in Rodgers Builders, Inc. Solicitation Documents for the Contract being bid. For example, if Rodgers Builders, Inc. lists 80 SBEs in Rodgers Builders, Inc. Solicitation Documents and requires that Bidders contact a minimum of 20, a Bidder would have to contact 60 SBEs to meet to receive credit under this Section. To receive credit, the Bidder must comply with the solicitation requirements outlined in Section 5.3.2.1, Section 5.3.2.2 and Section 5.3.2.3 (a) through (f).
25
Section 5.3.19: SBE Participation On Non-City Contracts. To receive credit for this GFE, the Bidder must document that during the 120-Day period before Bid Opening, the Bidder used SBEs on non-City contracts where the SBE subcontract value equaled or exceeded the amount the Bidder would have to pay SBEs to meet the SBE Goal for the Construction Contract at issue. To receive credit for this item, Bidders must document for each non-City SBE subcontract: (a) the name of the project and the parties to the contract; (b) the name of the SBEs the Bidder paid on the project; (c) the amount the Bidder paid to each SBE; and (d) any additional documentation requested by the Program Manager for verification purposes.
25
Section 5.3.20: Working With a New SBE. To receive credit for this GFE, the Bidder must document that during the 120-Day period before Bid Opening, the Bidder hired an SBE that it had not previously contracted with to perform at least $10,000 of work, whether on a City contract or other contract. To receive credit for this item, Bidders must document: (a) the name of the project on which the Bidder hired the new SBE; (b) the name of the new SBE the Bidder hired; (c) the amount the Bidder paid or the estimated amount the Bidder will pay to the new SBE; and (d) any additional documentation requested by the Program Manager for verification purposes.
375 Total Available GFE Points 170 Total GFE Points Attained
Per Part B, Section 5 of the SBO Program, if a Bidder has not fully met the SBE Goal, then it must document it has met the GFE requirements by completing this Form. Bidder must submit Form 5 within one business days after Rodgers Builders, Inc. requests it as modified for Discovery Place Renovations Only. Failure to do so constitutes grounds for rejection of the Bid.
Small Business Opportunity Program
Revised June 1, 2007
Payment Affidavit - Subcontractor / Supplier Utilization SBO Form 6 To be submitted with each request for payment from Rodgers Builders Inc. Copy this form as needed.
Invoice Amount: Payment or Invoice #: Project Name: Discovery Place Renovation – Phase 2 - Drywall Assemblies Contract Number: Payment Period: From To KBU: (Department) Section 1: Payments to SUBCONTRACTORS Complete the chart below for all subcontractors used on the Project/Contract regardless of dollar amount. All subcontractors must be registered in the City’s Vendor Registration System.
Subcontractor’s Name Description of Work Performed NIGP Code City VMS
Number Payment
this Pay Period Cumulative Payments
Section 2: Payments to SUPPLIERS All suppliers providing goods under City contracts must be listed on the Sales Tax Statement submitted with each pay request. Rodgers Builders, Inc. may request on a case-by-case basis that the Contractor require certain suppliers to be registered in the City’s Vendor Registration System and may withhold payment of any amounts due the Contractor in the event the Contractor fails to comply with such request.
The undersigned Company certifies the preceding chart is a true and accurate statement of all payments that have been or will be made to subcontractors and suppliers on this Project/Contract. If no subcontractors or suppliers are listed on the preceding chart, the Company certifies that no subcontractors or suppliers were used in performing the Project/Contract for the payment period indicated. Failure to provide accurate and truthful information is a violation of the Small Business Opportunity Program and is subject to the sanctions prescribed therein.
This day of 200
Name of Company VMS #
Signature Print Name and Title
I. SPECIFICATION SECTIONS:
A. Applicable in total to the work of this Bid Package:
Division 00 - Procurement and Contracting Requirements (entire Section)
Division 01 - General Requirements (entire Section)
Section 095113 - Acoustical Panel Ceilings
Section 097713 - Stretched-Fabric Wall Systems
B. Applicable only as required by the work of this Bid Package:
Section 078446 - Fire-Resistive Joint Systems
Section 079200 - Joint Sealants
II.
General Considerations
GC1.0
GC2.0
GC3.0
A. Drywall Assemblies - Not Used
B. Stucco/EIFS Applications - Not Used
The project goal for the Discovery Place Renovation Project is seven percent (7%).
In accordance with the City of Charlotte’s Small Business Opportunity Program, the
established goal for this Bid Package is seven percent (7%). Please refer to the
SBO program policy included herein. For further questions, please contact the SBO
Program Manager for the Discovery Place Renovation Project - Lil Associates II,
Inc., Jasmine Hines, 704-372-3331 or [email protected].
WORK DESCRIPTION: Furnish all labor, materials, supervision, equipment, insurance,
overhead and profit, necessary or incidental, as required to complete the scope of work
identified in the construction drawings and applicable specification sections referenced
above. Performance of the work must include, but is not necessarily limited to the following:
Include all seismic provisions as required by specifications and all applicable
building codes.
All Owner stock material is to be stored as a part of this Bid Package until requested
at closeout. All material to be turned over to the Owner as Owner Stock is to be held
until requested by Rodgers Builders, Inc. or the Owner. No stock material is to be
stored in the building during construction.
Bid Package No. 09C - Acoustical Assemblies
April 17, 2009
Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
SPECIFIC SUMMARY OF WORK
DIVISION OF WORK: Bid Package No. 09C - Trade Subcontractor is exclusively responsible for
work described in the following:
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Bid Package No. 09C - Acoustical Assemblies
April 17, 2009
Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
SPECIFIC SUMMARY OF WORK
C. Acoustical Assemblies
C1.0
C2.0
C3.0
C4.0
C5.0
C6.0
C7.0
C8.0
C9.0
ALL-01 Include an allowance of six thousand dollars ($6,000) for replacement of acoustical
tiles in third floor office space. THIS TO BE INCLUDED IN THE BASE BID.
BID PACKAGE SPECIFIC ALLOWANCES
The following Allowance(s) is/are to be included in the Base Bid of this Bid Package.
This Trade Bid Package is responsible for furnishing and installing all Stretched wall
fabric and Tackable wall Covering systems complete in accordance with the
drawings and specifications.
This Trade Bid Package is responsible for furnishing and installing open grid ceiling
systems complete as shown in the drawings and specifications. This excludes
unistrut grid system.
This Bid Package is to provide and install all metal mesh and metal grid ceiling
systems.
ALL ALTERNATES, UNIT PRICES AND EQUIPMENT RATES MUST INCLUDE
SUBCONTRACTOR’S OVERHEAD, PROFIT AND BOND COSTS.
Include batt insulation above lay-in ceilings as indicated in the drawings and
specifications.
Additional supports and hangers wires required at all light fixtures and other hanging
devices are included as a part of this Bid Package.
All acoustical units, exposed systems, provisions for the installation of lighting
fixtures, diffusers, grilles, and similar items provided under other sections, cutting,
drilling, scribing, and fitting as required for all fixtures and mechanical penetrations
and all trim and accessories necessary for a complete installation.
This Bid Package includes providing and installing all ceiling fire resistive joint
systems and expansion joints as it relates to scope of work per the construction
documents. Any ceiling fire resistive joint systems and expansion joints that adjoin
this scope of work are to be included.
Included in this Bid Package is all ceiling tile, ceiling grid, hangers, edge angle, and
appurtenances as required for a complete ceiling system.
Include any supplemental framing necessary to support the ceiling grid installation.
Rodgers Builders…Our Passion is Building.®
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Bid Package No. 09C - Acoustical Assemblies
April 17, 2009
Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
SPECIFIC SUMMARY OF WORK
1.
1.1
1.2
1.3
1.4
2.
2.1
2.2
2.3
2.4
2.5
2.6
lsStaging & Logistics 1
Item # Amounts
Each Bid Package is required to provide a price breakdown of their lump sum bid, at bid time. The price
breakdown is for information and evaluation purposes only. The BID AMOUNT quoted shall be the full
compensation for each Bid Package as defined by the Scope of Work. Bid Amounts shall be broken
down as identified below.
Acoustical Assemblies 1 ls
Engineering / Design Services
ACT Type ____
ACT Type ____
Mobilizations(s)
Layout
Misc. Staging & Logistics Items
Attic Stock
ACT Type ____
ACT Type ____
Open grid Ceilings
Item Description Quantity Unit
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Bid Package No. 09C - Acoustical Assemblies
April 17, 2009
Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
SPECIFIC SUMMARY OF WORK
3.
3.1
4.
4.1
5.
5.1
Stretched-Fabric Wall Systems
Stretched-Fabric Wall Systems
$6,000
Metal Mesh and Metal grid Ceilings Systems
Metal Mesh and Metal grid Ceilings Systems
1 ls
1
Include an allowance of six thousand dollars
($6,000) for replacement of acoustical tiles in
third floor office space. THIS TO BE INCLUDED
IN THE BASE BID.
ls
Allowances
Rodgers Builders…Our Passion is Building.®
BPM DP Formal Phase 2 2009 04 171
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Bid Package No. 09C - Acoustical Assemblies
April 17, 2009
Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
SPECIFIC SUMMARY OF WORK
LEAD TIMES:
Provide the Anticipated Lead-Time for:
After Receipt of Approved Shop Drawings / Samples weeks
Has a Bid Bond been Included as Indicated by the Contract Documents p p No
Professional Liability Insurance ($2,000,000.00) will be Provided
Provide the Anticipated Lead-Time for:
Provide the Anticipated Lead-Time for:
After Receipt of Approved Shop Drawings / Samples weeks
After Receipt of Approved Shop Drawings / Samples
p Yes p No
weeks
LEAD TIMES:
LEAD TIMES:
ENTER COMPANY NAME HERE:
2 Sales Tax on Materials Incorporated into the Site & Buildings
1
T O T A L P R I C E (Lines 1 + 2 + 3 + 4)
Yes
MISCELLANEOUS CONSIDERATIONS:
4 Out of Town Living Expenses for Labor Crews (IF APPLICABLE)
BID SUMMARY:
3 Bond Amount as Required by Contract Documents
Subtotal
Amounts
Rodgers Builders…Our Passion is Building.®
BPM DP Formal Phase 2 2009 04 171
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SBO PROVISIONS AND FORMS
Revised June 1, 2007
FOR
Discovery Place Renovations
Phase 2 – Acoustical Assemblies _____________________________________________________________________
Revised June 1, 2007 (E&PM)
1. APPLICATION: The City of Charlotte’s Small Business Opportunity Program (SBO Program) is incorporated into and made a part of this solicitation and the resulting contract (the “Contract”). Copies of the SBO Program may be obtained on-line at http://smallbiz.charmeck.org or from the SBO Office, 600 E. Fourth Street, Charlotte, North Carolina 28202-2850, Phone 704-336-2473. Capitalized terms used in this document are defined in the SBO Program. 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 Rodgers Builders, Inc. The SBO Program requires that you (a) meet the SBE Utilization Goal listed in Section 2 below; or (b) comply with the Good Faith Efforts requirements referenced in Section 3 below. Failure to comply with the SBO Program in the bid/proposal phase will constitute grounds for rejection of your bid. Failure to comply after contract award may result in assessment of damages or termination of your contract.
2. THE SBE UTILIZATION GOAL FOR THIS CONTRACT HAS BEEN SET AT: 7 % Each Bidder must submit the proposed SBE utilization on the Form 3 listing subcontractors and suppliers that will be providing goods or services and projected dollar amount for each SBE. Bidders must also indicate the total dollar value of SBE participation for the contract. In the event the bidder has no SBE participation, the Bidder is still required to indicate this on Form 3 by entering the word or number zero. Blank forms will be deemed to represent zero participation. Bids submitted which do not have the above required SBE information indicated on Form 3 may cause the bid to be considered non-responsive and it may be rejected. Form 3 must be submitted with your bid. Rodgers Builders, Inc. will only give Bidders credit toward the SBE Goal for those SBES that are certified SBEs as of the Bid Opening and that meet Part B Section 3 of the SBO Program. Please note that to count an SBE toward your SBE Utilization Goal; you will need to have that SBE sign a Letter of Intent on Form 4 (or an equivalent form containing the same information). Rodgers Builders, Inc. will request your Letters of Intent if you are a finalist for contract award, and you must submit a separate Form 4 for each SBE identified on the Form 3 within 3 Business Days after Rodgers Builders, Inc. requests it.
3. GOOD FAITH EFFORTS: IF YOU DO NOT MEET THE SBE UTILIZATION GOAL, then you
must meet the Good Faith Efforts requirements set forth in Part B Section 5 of the SBO Program. These are summarized below. Failure to do so will constitute grounds for rejection of your bid.
Documenting Good Faith Efforts. To demonstrate Good Faith Efforts compliance, you must complete and submit Form 5 Good Faith Efforts (GFE) / Statement of GFE Compliance. Form 5 states the minimum required Good Faith Efforts points for this Contract, and lists the number of points attainable for each type of Good Faith Effort. Rodgers Builders, Inc. will request your Good Faith Efforts (GFE) / Statement of GFE Compliance if you are a finalist for contract award, and you must submit Form 5 within 1 Business Days after the Rodgers Builders, Inc. requests it. It is important that you carefully review Part B Section 5 of the SBO Program as soon as possible so as to put yourself in a position to provide the documentation. Please note that the due date for Form 5 has been specifically modified and approved by the Department of Economic Development for the Discovery Place Renovation project in order to facilitate meeting the schedule requirements of the project. 3.1 SBE Contacts:
In order to receive credit for this Good Faith Effort at least 7 Calendar Days prior to Bid Opening, you must contact at least 2 SBE firms (the “Minimum Contacts”) listed in the SBE Source List provided with Rodgers Builders, Inc.’s bid or proposal packet or that can be found on the Small Business Development Program website located at http://epmcontracts.charmeck.org. Please refer to Part B Section 5.3.2 of the SBO Program regarding how these Minimum Contacts must be made and documented. Minimum Contacts must be recorded on Form 2, which is submitted along with Form 5. Please note that you must make the Minimum Contacts at least 7 Calendar Days before Bid Opening. It is important that you carefully review Part B Section 5.3.2 of the SBO Program as soon as possible so as to put yourself in a position to provide Form 2 and any other documentation as requested by Rodgers Builders, Inc.
Good Faith Negotiation. You must negotiate in good faith with all interested SBE firms. Part B Section 4.4 of the SBO Program defines what negotiating in “good faith” means. Among other things, it means that if an SBE is low bid on a contract for construction or for the procurement of goods, then you must contract with that SBE
Revised June 1, 2007 (E&PM)
unless it is not “Qualified” within the meaning of the SBO Program. To demonstrate Good Faith Negotiation Compliance you must submit good faith documentation as requested by Rodgers Builders, Inc. to support your efforts for each subcontracting opportunity identified by Rodgers Builders, Inc. for which the low bid by an SBE is not accepted. You must provide such forms and information within 1 Business Days after Rodgers Builders, Inc. requests it. Failure to comply with the requirements set forth in this section shall constitute grounds for rejecting a bid.
Self-Performance. Bidders that do not meet the SBE Utilization Goal and desire to self perform all of the Contract must nevertheless demonstrate that they complied with the Good Faith Efforts requirements as provided in Part B Section 5.6 of the SBO Program. Failure to do so shall constitute grounds for rejection of your bid. Bidders that intend to self perform may be required to submit additional documentation to Rodgers Builders, Inc. at least 14 calendar days prior to the Bid Opening to obtain clearance for self performance.
Plans and Specifications. Plans and Specifications may be viewed at Rodgers Builders, Inc., Center City office located at 400 West Trade Street, Charlotte, NC 28202. Other locations:
Richa Graphics 204 N. Tryon St.
Charlotte, NC 28202 704-333-9744
Carolinas AGC (CAGC) 1100 Euclid Ave
Charlotte NC 28203 704-372-1450
Metrolina Contractors Resource Center
3124 W. Trade Street, Suite A, 704-332-5746
Hispanic Contractors Association of Carolinas 2923 E Independence Blvd
Charlotte NC 28205 877-227-1680
4. MANDATORY SUBCONTRACTING REQUIREMENTS
Per Part B Section 2.5 of the SBO Program, City Council has the authority to establish mandatory, subcontracting requirements for certain contracts. The blank checked below indicates whether such requirements have been established for this Contract:
City Council has established a mandatory subcontracting requirement of percent ( %) for this Contract.
City Council has not established a mandatory subcontracting requirement for this Contract. 5. SBO PROGRAM PROVISIONS APPLICABLE AFTER CONTRACT AWARD
If you are awarded a Contract with Rodgers Builders, Inc., note in particular the following Sections of the SBO Program that relate to post award requirements and activity:
a. Compliance with committed SBE utilization level throughout the Contract per Part D Section 2 of the
SBO Program. b. Terminating or Replacing an SBE on a contract per Part D Section 5 of the SBO Program. c. New Subcontractor Opportunities/Additions to Scope, Contract Amendments per Part D Section 6 of the
SBO Program. d. Payments to SBEs per Part D Section 7 of the SBO Program. e. Utilization Reports and Documentation of Payments per Part D Section 8 of the SBO Program.
6. SBO CONTRACT PROVISIONS
The following provisions are incorporated into any contract that may result from this solicitation. Small Business Opportunity Program. Rodgers Builders, Inc. has adopted a Small Business Opportunity Program, which is posted on the City’s website and available in hard copy form upon request to Rodgers Builders, Inc.. The parties agree that:
(i) The terms of the City’s Small Business Program, as revised from time to time, together with all rules and
guidelines established under such program (collectively, the “SBO Program”) is incorporated into this Agreement by reference; and
(ii) A violation of the SBO Program shall constitute a material breach of this Agreement, and shall entitle Rodgers Builders, Inc. to exercise any of the remedies set forth in Part D of the SBO Program, including but not limited to liquidated damages; and
Revised June 1, 2007 (E&PM)
(iii) Without limiting any of the other remedies Rodgers Builders, Inc. has under the SBO Program, Rodgers Builders, Inc. shall be entitled to withhold periodic payments and final payment due to the Contractor under this Agreement until Rodgers Builders, Inc. has received in a form satisfactory to Rodgers Builders, Inc. all claim releases and other documentation required by the City’s SBO Program, and 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 G.S. 143-134.1; and
(iv) The remedies set forth in Part D Section 13 of the SBO Program shall be deemed cumulative and not exclusive and may be exercised successively or concurrently, in addition to any other available remedy; and
(v) Rodgers Builders, Inc. will incur costs if the Contractor violates the SBO Program, and such costs are difficult to ascertain due to their indefiniteness and uncertainty. Accordingly, the Contractor agrees to pay Rodgers Builders, Inc. liquidated damages at the rates set forth in Part D of the SBO Program.
(vi) The Contractor agrees to participate in any dispute resolution process specified by Rodgers Builders, Inc. from time to time for the resolution of disputes arising from the SBO Program.
(vii) Nothing in this Section shall be construed to relieve a Contractor from any obligation it may have under N.C. Gen. Stat. 143-134.1 regarding the payment of subcontractors.
Remedies for Violation of SBO Program. A violation of the SBO Program by a Contractor shall constitute a material breach of the Contract, and shall entitle Rodgers Builders, Inc. or private owner to:
(i) Exercise all rights and remedies that it may have at law or at equity for violation of the SBO Program;
Terminate the Contract for default; (ii) Suspend the Contract for default; (iii) Withhold all payments due to the Contractor under the Contract until such violation has been fully cured
or Rodgers Builders, Inc. and the Contractor have reached a mutually agreeable resolution; (iv) Assess liquidated damages as provided in the following Part D Section 13.2; and/or (v) Offset any liquidated damages and/or any amounts necessary to cure any violation of the SBO Program
from any retainage being held by Rodgers Builders, Inc. on the Contract, or from any other amounts due to the Contractor under the Contract.
The remedies set forth herein shall be deemed cumulative and not exclusive, and may be exercised successively or concurrently, in addition to any other available remedy.
Liquidated Damages. Rodgers Builders, Inc. and the Contractor acknowledge and agree that Rodgers Builders, Inc. will incur costs if the Contractor violates the SBO Program in one or more of the ways set forth below. The parties further acknowledge and agree that Rodgers Builders, Inc. will incur damages as a result of such failure, but that the costs Rodgers Builders, Inc. might reasonably be anticipated to accrue as a result of such failures are difficult to ascertain due to their indefiniteness and uncertainty. Accordingly, the Contractor agrees to pay Rodgers Builders, Inc. liquidated at the rates set forth below for each specified violation of the SBO Program. The Contractor further agrees that for each specified violation the agreed upon liquidated damages are reasonably proximate to the loss Rodgers Builders, Inc. will incur as a result of such violation:
(i) Failure to meet the SBE Goal. If Rodgers Builders, Inc. determines upon completion or termination of
a Contract that the Contractor did not meet the Committed SBE Goal and that such failure is not otherwise excused under Part D Section 2, Rodgers Builders, Inc. may assess the lesser of : (a) $30,000 or (b) the dollar difference between the Committed SBE Goal and the Contractor’s actual SBE utilization;
(ii) Using SBE as a Conduit. If the Contractor lists an SBE to receive credit toward a Committed SBE Goal with knowledge that the SBE will be acting as a Conduit or will not be performing a Commercially Useful Function reasonably commensurate with the payment amount for which the Contractor will be seeking credit, Rodgers Builders, Inc. may assess the lesser of: (a) $20,000 or (b) the dollar amount the Contractor indicated that it would pay such SBE in the SBEs contract (or if no contract has been signed, the SBE’s Letter of Intent);
(iii) Wrongful Termination or Replacement of SBE Services. If the Contractor terminates or replaces an SBE in violation of the SBO Program, Rodgers Builders, Inc. may assess the lesser of: (a) $20,000 or (b) the dollar amount of the work remaining to be performed by the terminated SBE at the time it was
Revised June 1, 2007 (E&PM)
terminated (or if the SBE was not terminated because it was never retained, then, the dollar amount that the Contractor indicated it would pay the SBE in the SBE’s letter of intent) or ;
(iv) Failure to Comply with SBO Program Upon Termination or Withdrawal by SBE. If the Contractor fails to comply with Part D Section 5 of the SBO Program upon the termination or withdrawal of an SBE the City may assess the lesser of: (a) $20,000 or (b) the dollar amount of the work remaining to be performed by the SBE that withdrew or was terminated at the time of the termination or withdrawal;
(v) Failure to Comply with SBO Program to Add New Subcontractors. If the Contractor fails to comply with Part D of the SBO Program in adding new subcontractors to a Contract, or in the event of a Contract amendment or increase in the scope of work on a contract, Rodgers Builders, Inc. may assess the lesser of: (a) $20,000; or (b) the dollar amount of the new or additional work;
(vi) False Statements and Misrepresentations. If the Contractor makes a false statement or material misrepresentation regarding any matter relevant to the SBO Program (including but not limited to information provided regarding payments made to SBEs), Rodgers Builders, Inc. may assess the lesser of: (a) $25,000; or (b) the dollar difference between what the Contractor represented and the truth;
(vii) Failure to Respond to Request for Information. If the Contractor fails to provide any report, documentation, affidavit, certification or written submission required under the SBO Program within the time period ser forth therein, Rodgers Builders, Inc. may assess $25 per day for each day that such report, documentation or written submission is overdue.
7. SBO FORMS
Bidders shall submit the following forms with Bid document or at a time specified:
Submission Requirements Form No. Notification of Subcontractor / Purchasing Opportunities. Identifies all the subcontracting or supplier opportunities available on the Contract.
Submission is optional. If submitted, it must be received by Rodgers Builders, Inc. fourteen (14) Calendar Days before the Bid Opening date.
Form 1
SBE Solicitation. Identifies all SBEs the Bidder contacted or those that contacted the Bidder and the scope of work for which they were contacted. Includes date and method of contact for SBE firms. Good Faith Negotiation is documented on this form.
Rodgers Builders, Inc. will request this form from finalists for contract award. Must submit within three (3) Business Days after requested by Rodgers Builders, Inc.
Form 2
Subcontractor / Supplier Utilization Commitment. Identifies all subcontractors, suppliers, manufacturers, brokers and/or members of a joint venture to be utilized on the contract and dollar amounts committed to SBEs. Bidders must include all subcontractors known at the time the Bid or proposal is submitted.
Due with bid.
Form 3
Letter of Intent. Bidders must submit a separate Letter of Intent executed by each SBE listed on Form 3 that the Bidder will use on the Contract.
Rodgers Builders, Inc. will request this form from finalists for contract award. Must submit within three (3) Business Days after requested by Rodgers Builders, Inc.
Form 4 or alternative as permitted by the City
Good Faith Efforts (GFE) / Statement of GFE Compliance. States the minimum GFE points required for this solicitation and the number of points attributable to each GFE item. Bidder must check each GFE item for which it earned points, as described in Part C Section 5.3 of the SBO Program.
Rodgers Builders, Inc. will request this form from finalists for contract award. Must submit within one (1) Business Days after requested by Rodgers Builders, Inc.
Form 5
Revised June 1, 2007 (E&PM)
Payment Affidavit. Contractor shall provide with each pay request to Rodgers Builders, Inc. a payment affidavit showings payments made to all subcontractors, suppliers, manufacturers, brokers, and / or members of a joint venture in connection with the contract.
Due with each pay request. Form 6 or alternative proof as permitted by the City
All SBO Forms are also available on-line at http://epmcontracts.charmeck.org. Forms must be received by fax, e-mail or US Mail.
8. Please find below a list of activities that Rodgers Builders, Inc. has identified as potential Small Business
Enterprise (SBE) subcontracting opportunities. This is a potential listing not all inclusive. Bidder may identify additional or different opportunities.
NIGP Code Description
91001 Acoustical Ceilings and Walls 96269 Temporary Labor
A list of SBE vendors can be accessed at the following Website: http://smallbiz.charmeck.org A SBE vendor source list is also included herein.
ACOUSTICAL ASSEMBLIES SBE LIST
by NIGP Code
91001 - Acoustical Ceilings and Walls: Cleaning, Installation, Restoration, Maintenance and B-Ayni Contractors, Inc VMS #: SM14579 Physical 8415 Burnt Umber DR Contact: Don Gyening Address: Charlotte NC 28215 Phone: (704) 537-1467 Fax: (704) 537-1711 Mailing E-Mail: [email protected] Address: Website: Certification Dates: SBE-Dec 15 2005 - Dec 15 2008 , MWBE-Dec 15 2008 - Dec 15 2008
C. A. Scism Construction Company VMS #: SM9702 Physical 16200 Blackberry Hills DR Contact: Margaret M. Scism Address: Midland NC 28107 Phone: (704) 545-1494 Fax: (704) 545-9294 Mailing 16200 Blackberry Hills DR E-Mail: [email protected] Address: Midland NC 28107 Website: Certification Dates: MWBE-May 30 2007 - May 30 2010 , SBE-May 30 2007 - May 30 2010
Hoyle's General Contractor, Inc. VMS #: SM9265 Physical 701-Q Atando AV Contact: Alvarez Abernathy Address: Charlotte NC 28206 Phone: (704) 371-4559 Fax: (704) 371-4579 Mailing E-Mail: [email protected] Address: Website: www.hoylec.com Certification Dates: SBE-Dec 11 2006 - Dec 11 2009 , MWBE-Dec 11 2006 - Dec 11 2009
K.A.F. Construction Co., LLC VMS #: S13007 Physical 9829 Parkridge AV Contact: Lynn Freeman Address: Charlotte NC 28214 Phone: (704) 392-6506 Fax: Mailing E-Mail: Address: Website: Certification Dates: SBE-Mar 18 2005 - Mar 18 2008
Munoz Contracting, LLC VMS #: SM8383 Physical 1801 Choyce CI Contact: Jose L. Munoz Address: Charlotte NC 28217 Phone: (704) 713-6308 Fax: (704) 527-7624 Mailing 1801 Choyce CI E-Mail: [email protected] Address: Charlotte NC 28217 Website: www.munozcontracting.com Certification Dates: MWBE-May 4 2007 - May 4 2010 , SBE-May 4 2007 - May 4 2010
Stevens Interiors, Inc. VMS #: S16662 Physical 529 Tulip DR Contact: Thomas A. Stevens Address: Gastonia NC 28052 Phone: (704) 868-8300 Fax: (704) 868-8005 Mailing E-Mail: [email protected] Address: Website: Certification Dates: SBE-Nov 8 2007 - Nov 8 2010
Page 1 of 2 Discovery Place Renovations - Phase 2 - Acoustical Assemblies
91001 - Acoustical Ceilings and Walls: Cleaning, Installation, Restoration, Maintenance and The AZ Group Contractors, Inc. VMS #: SM17088 Physical 4421-B Central AV Contact: Key Ramos Address: Charlotte NC 28205 Phone: (704) 532-1400 Fax: (704) 532-3772 Mailing E-Mail: [email protected] Address: Website: Certification Dates: SBE-Jan 4 2008 - Jan 4 2011 , MWBE-Jan 4 2008 - Jan 4 2011
Williams Realty & Remodeling, Inc. VMS #: SM17186 Physical 2317 Laura DR Contact: Michael Williams Address: Charlotte NC 28212 Phone: (704) 804-1112 Fax: (704) 804-1112 Mailing E-Mail: williamsrealtyand [email protected] Address: Website: www.myspace.com/williamsremodeling Certification Dates: MWBE-Feb 8 2008 - Feb 8 2011 , SBE-Feb 8 2008 - Feb 8 2011
96269 - Personnel Services, Temporary Absolute Business Connections, Inc. VMS #: SM16725 Physical 5701 Executive Center DR Contact: Donna Rodgers Address: Charlotte NC 28212 Phone: (704) 537-0010 Fax: (704) 537-0701 Mailing P.O. Box 25767 E-Mail: [email protected] Address: Charlotte NC 28212 Website: www.absolutebusinessconnections.com Certification Dates: SBE-Sep 24 2007 - Sep 24 2010 , MWBE-Sep 24 2007 - Sep 24 2010
C.C. Smith Construction, Inc. VMS #: SM8330 Physical 9111 Washam Potts RD Contact: Zandra Smith Address: Cornelius NC 28031 Phone: (704) 890-1909 Fax: (704) 892-6137 Mailing 1022 Carter AV E-Mail: [email protected] Address: Charlotte NC 28206 Website: Certification Dates: SBE-Apr 7 2006 - Apr 7 2009 , MWBE-Apr 7 2006 - Apr 7 2009
Pro Labor Power VMS #: SM8377 Physical 9009 Albemarle RD Contact: Robert Janda Address: Charlotte NC 28227 Phone: (704) 491-0678 Fax: (815) 717-7413 Mailing 9009 Albemarle RD E-Mail: [email protected] Address: Charlotte NC 28227 Website: Certification Dates: MWBE-Feb 5 2007 - Feb 5 2010 , SBE-Feb 5 2007 - Feb 5 2010
Page 2 of 2 Discovery Place Renovations - Phase 2 - Acoustical Assemblies
Small Business Opportunity Program
Revised June 1, 2007
Notification of Subcontracting / Purchasing Opportunities SBOP Form 1
** Per Part B, Section 5.3.1 of the SBO Program, in order to receive credit as a Good Faith Effort (GFE), a Bidder must provide to Rodgers Builders Inc., no later than 14 Days before Bid Opening this Form 1 or another document providing the same information. (POTENTIAL GFE Points: 15)
Bidder Name:
Project Name: Discovery Place Renovation – Phase 2 – Acoustical Assemblies Project Number: 512-06-023
Identify the portions of the contract for which there are intended subcontractor, supplier, or service provider opportunities.
NIGP code Description of Service or Goods (as identified in bid)
Submit this form to: Jasmine Hines
E-mail: [email protected]
Fax Number: 704-372-3341
Small Business Opportunity Program
Revised June 1, 2007
SBE Solicitation Form SBOP Form 2 Copy this Form as needed. (page 1 of 2)
** Per Part B, Section 5.3.2.3 of the SBO Program, in order to receive credit for Contacting SBEs, a Bidder must submit an SBE Solicitation Form (Form 2) within one (1) Business Days after requested by Rodgers Builders, Inc. (POTENTIAL GFE Points: 10)
Bidder Name:
Project Name: Discovery Place Renovation – Phase 2 – Acoustical Assemblies Project Number: 512-06-023
SBE Firm: Contact Person: NIGP Code: Scope of Work: Initial Contact Date: Method: Phone Fax Email Courier Mail In person Follow-up: Date: Method: Phone In person Response: No response Not bidding Is bidding $ ______________ Other (explain) Selected? Yes No SBE Firm: Contact Person: NIGP Code: Scope of Work: Initial Contact: Date: Method: Phone Fax Email Courier Mail In person Follow-up: Date: Method: Phone In person Response: No response Not bidding Is bidding $ ______________ Other (explain) Selected? Yes No SBE Firm: Contact Person: NIGP Code: Scope of Work: Initial Contact: Date: Method: Phone Fax Email Courier Mail In person Follow-up: Date: Method: Phone In person Response: No response Not bidding Is bidding $ ______________ Other (explain) Selected? Yes No SBE Firm: Contact Person: NIGP Code: Scope of Work: Initial Contact: Date: Method: Phone Fax Email Courier Mail In person Follow-up: Date: Method: Phone In person Response: No response Not bidding Is bidding $ ______________ Other (explain) Selected? Yes No SBE Firm: Contact Person: NIGP Code: Scope of Work: Initial Contact: Date: Method: Phone Fax Email Courier Mail In person Follow-up: Date: Method: Phone In person Response: No response Not bidding Is bidding $ ______________ Other (explain) Selected? Yes No
Small Business Opportunity Program
Revised June 1, 2007
SBE Solicitation Form SBOP Form 2 Copy this Form as needed. (page 2 of 2)
Pursuant to Part B, Section 4.4 of the SBO Program (Failure to Negotiate In Good Faith), Rodgers Builders, Inc. may find that a Bidder did not meet its Good Faith Negotiation obligation if in Rodgers Builders’ judgment, the Bidder rejects an Interested SBE’s bid for reasons other than: (a) the SBE’s bid was higher than what was proposed by the subcontractor or supplier the Bidder decided to use or higher than the Bidder’s cost of performing such work on its own; (b) the SBE was not a “Qualified SBE” as defined in Part A; or (c) the Business Enterprise that will be performing in place of the Interested SBE is more qualified than the Interested SBE, to the extent that such difference in qualification would materially impact the Bidder’s Bid, or (d) there was a material deficiency with the Interested SBE’s bid (such as it being submitted late, containing inaccurate information, etc.). The undersigned certifies that the information submitted on this Form 2 is true and accurate as of the date indicated below. The undersign further certifies that contacts by U.S. Postal Service, telephone conversations and in person contacts documented on this Form 2 were made in accordance with the requirements of Part B, Section 5.3.2 of the SBO Program and that this shall satisfy as the affidavit confirming such contacts.
Company
Signature of Authorized Official Title Submittal Date
Sworn to before me this day of __________________________ , 200____
NOTARY PUBLIC
My commission expires on
Small Business Opportunity Program
Revised June 1, 2007
Subcontractor / Supplier Utilization Commitment SBOP Form 3 This form MUST be submitted with your bid. (page 1 of 2)
Bidder Name:
Project Name: Discovery Place Renovation – Phase 2 - Acoustical Assemblies Project Number: 512-06-023
1. Below is a list of all SBEs that you intend to use on this contract
SBE Name Description of work / materials NIGP code VMS # Total Projected $
I acknowledge that I have inquired with each SBE listed above as to their Certification Status (i.e. - the SBE expiration date)
2. Below is a list of all non-SBEs that you intend to use on this contract
Firm Name Description of work / materials NIGP code VMS #
Total Subcontractor / Supplier Utilization (including SBEs and Non-SBEs) $ Total SBE Utilization $
Total Bid Amount (including Contingency) $ Percent SBE Utilization (Total SBE Utilization divided by Total Bid Amount) %
** If SBE Goal is not met, please provide an explanation here:
Signature of Authorized Official Printed Name Title Submittal Date
Small Business Opportunity Program
Revised June 1, 2007
Subcontractor / Supplier Utilization Commitment SBOP Form 3 This form must be submitted with your bid. (page 2 of 2)
All Subcontractors and Suppliers must be registered with the City of Charlotte. Pursuant to Appendix A, Section 8 of the SBO Policy, each subcontractor or supplier (non-SBE and SBE subcontractors) that you use on this contract must be registered in the City’s vendor registration database. You will need to provide the vendor registration number for each subcontractor and supplier used on this contract as a condition for receiving final payment on this Contract. What happens if you add 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, pursuant to Part D of the SBO Program, you must comply with the following:
• You must maintain the level of SBE participation proposed on this form throughout the duration of the Contract, except as specifically allowed in Part D, Section 2.2.
• If you need to add or replace an SBE, you must comply with Part D, Section 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 Part D, Section 6.
Subcontractor/Supplier Utilization Commitment Pursuant to Part B, Section 3.6, Rodgers Builders Inc. Solicitation Documents for each Construction Contract will include a form labeled “Subcontractor/Supplier Utilization Commitment” (“Form 3”), which captures information regarding the SBEs and other subcontractors and suppliers that the Bidder intends to use on the Contract. Failure to properly complete and submit Form 3 with the Bid constitutes grounds for rejection of the Bid. Pursuant to Part B, Section 3.7, within (3) Business Days after receiving a request from Rodgers Builders, Inc (or within such longer time as may be communicated by Rodgers Builders, Inc. in writing), Bidders must submit a separate Letter of Intent for each SBE listed on Form 3. Bidders may use the Letter of Intent that Rodgers Builders, Inc. provides with Rodgers Builders, Inc.’s Solicitation Documents or may use an alternative form if it contains the same information as Form 4. Regardless of the form, each Letter of Intent must be executed by both the SBE and the Bidder. Rodgers Builders, Inc. shall not count proposed SBE utilization for which it has not received a Letter of Intent within such time period, unless the SBE certifies to Rodgers Builders, Inc. that it originally agreed to participate in the Contract at the level reported by the Bidder, but subsequently declined to do so.
Signature Your signature on the preceding page indicates that the undersigned Company certifies and agrees that (a) it has complied with all provisions of the SBO Program and (b) failure to properly document such compliance in the manner and within the time periods established by the SBO Program shall constitute a forfeiture of the Company’s bid bond, and shall entitle Rodgers Builders, Inc. to recover under the bid bond and, (c) in the absence of a bid bond, such failure shall entitle Rodgers Builders, Inc. to recover damages for breach of contract.
Small Business Opportunity Program
Revised June 1, 2007
Letter of Intent SBOP Form 4
** Per Part B, Section 3.7, Bidders must submit a separate Letter of Intent for each SBE listed on Form 3 within (3) Business Days after receiving a request from Rodgers Builders, Inc. Bidders may use the Form 4 provided with Rodgers Builders, Inc.’s Solicitation Documents or an alternative form containing the same information as Form 4. Each LOI must be executed by both the SBE and the Bidder.
Pursuant to Part D, Section 5.3.1, Bidders shall also be required to provide a Form 4 for each SBE they add to a Contract subsequent to Contract award. Bidder Name:
Project Name: Discovery Place Renovation – Phase 2 - Acoustical Assemblies Project Number: 512-06-023
Bidders must submit a separate Letter of Intent for each SBE listed on Form 3 and this form must be signed by both the Bidder and SBE firm.
A. To be completed by the Bidder/Service Provider
Name of Bidder:
Address:
Contact Person:
Telephone: Fax:
I, the bidder, acknowledge a QuickPay Commitment or QuickPay Agreement has been extended to this SBE for the work identified below, and that I have submitted, either previously or with this Form, a copy of said Agreement. YES NO
B. To be completed by SBE at any tier Name of SBE:
Address:
Contact Person:
Telephone: Fax:
I, the SBE, certify that my SBE Certification Profile is active and up to date. Certification Expiration Date: / / .
C. Identify in complete details the scope of work to be performed or item(s) to be supplied by the SBE. On unit price bids, identify which bid line item the SBE’s scope of work or supply corresponds:
D. Cost of work to be performed by SBE: $
E. Cost of work to be performed by SBE as a percentage of total amount of City contract: %
Bidder certifies that it intends to utilize the SBE listed above, and that the description, cost and percentage of work to be performed by the SBE as described above is accurate. The SBE Firm certifies that it has agreed to provide such work/supplies for the amount stated above.
Bidder: Date: Signature and Title
SBE Firm: Date: Signature and Title
Small Business Opportunity Program
Revised June 1, 2007
Good Faith Efforts (GFE) and Statement of GFE Compliance SBO Form 5 If NOT meeting the goal, Bidder must submit this form within one business days after Rodgers Builders, Inc. requests it. (Page 1 of 3)
Bidder Name:
Project Name: Discovery Place Renovation – Phase 2 - Acoustical Assemblies Project Number: 512-06-023
Below is a list of Good Faith Efforts as defined in Part B: Section 5.3. To the left of each item is the number of points assigned to that item for this project. Please place an “X” in the first column for each item you are claiming credit. Failure to achieve the minimum number of Good Faith Efforts points stated in the blank below constitutes grounds for rejection of your bid.
Minimum Number of GFE Points Required: 170
15 Section 5.3.1: Notification of Subcontracting Opportunities. Providing to Rodgers Builders, Inc. not later than fourteen (14) calendar days prior to Bid Opening a list of the areas in which the Bidder intends to seek subcontractors and suppliers. The Bidder may report this information on Form 1 or on another document providing the same information as Form 1.
10
Section 5.3.2: SBE Contacts: To receive credit for this GFE, the Bidder must contact a minimum number of SBEs, as specified in Rodgers Builders, Inc. Solicitation Documents. Further, a Bidder must submit an SBE Solicitation Form (“Form 2”) within 3 Business Days after Rodgers Builders, Inc. requests it, unless a different time is specified in Rodgers Builders, Inc. Solicitation Documents.
A Bidder must make the required contacts not less than 7 Days before Bid Opening to receive credit. Refer to Part B, Section 5.3.2 of the SBO Policy for requirements of the Solicitation Method, Solicitation Content, and Solicitation Documentation.
10
Section 5.3.3: Making Plans Available. Making any project descriptions, construction plans, specifications or requirements applicable to the project available for review by Interested SBEs at least seven (7) calendar days before Bid Opening.
To satisfy this requirement, the Bidder must either: (a) provide SBEs with a hard copy of the Project Documents via an acceptable means of document delivery; OR (b) provide necessary physical access and adequate time for SBEs to fully review the Project documents at the Bidder’s place of business within the Charlotte MSA or, if the Bidder has no place of business within the Charlotte MSA, at an alternate location within the Charlotte MSA where the information can be reviewed at no cost to SBEs; AND (c) notify all SBEs contacted as part of the Bidder’s Section 5.3.2 SBE contacts of the locations (including the address) where plans, specifications, and other documents applicable to the Project, can be reviewed.
15 Section 5.3.4: Breaking Down Work. To receive credit for this GFE, the Bidder MUST: (a) notify SBEs as part of a Bidder’s Section 5.3.2 SBE Contacts that the Bidder is willing to divide or combine elements of work into economically feasible units on a case-by-case basis to facilitate SBE participation, and (b) negotiate in good faith with any SBEs that request such divisions.
10 Section 5.3.5: Attendance at Pre-Bid. To receive credit for this GFE, the Bidder must attend any pre-bid meetings scheduled by Rodgers Builders, Inc. for the Contract in question.
15
Section 5.3.6: Conducting a Pre-Bid for SBEs. To receive credit for this GFE, the Bidder MUST conduct a pre-bid meeting for SBEs at least three (3) Business days prior to Bid Opening. The pre-bid meeting must take place within Mecklenburg County, or, if the Bidder has no place of business within Mecklenburg County, at an alternate location within the Charlotte MSA. Not less than 48 hours before the pre-bid meeting, the Bidder must communicate the time and location of the meeting to the SBEs that the Bidder is required to contact to earn GFE points under Section 5.3.2.
40
Section 5.3.7: Training and Mentoring. A Bidder may receive credit for this GFE in one of two (2) ways: (a) Training: Providing training or mentoring to at least two (2) SBEs within 120 days before Bid Opening and the Bidder
must have the training or mentoring certified by the Program Manager.
(b) SBDP Mentor-Protégé Program. The Bidder may also receive credit for this GFE if the Bidder demonstrates that it is participating in the Small Business Development Mentor-Protégé program and that it is a mentor in good standing. The Program Manager shall have the discretion to deny credit for mentoring and training if the mentor is not in good standing.
Small Business Opportunity Program
Revised June 1, 2007
Good Faith Efforts (GFE) and Statement of GFE Compliance SBO Form 5 (Page 2 of 3)
Bidder Name:
Project Name: Discovery Place Renovation – Phase I - Acoustical Assemblies Project Number: 512-06-023
10
Section 5.3.8: Working with SBE Assistance Organizations. To receive credit for this GFE, the Bidder must document that they have performed one of the following within the (120) day period preceding the Bid Opening for an SBE Assistance Organization as defined in Appendix 1 of Part A:
(a) Provide location for SBE Assistance Organization Event: Providing a meeting location for the SBE Assistance Organization to host a regular meeting or special event at no cost or at a reduced rate.
(b) Provide training for SBE Assistance Organization members: Providing training or facilitating workshops aimed at increasing the capacity or skill level or the SBE Assistance Organization members, or participating in training or a workshop sponsored by the SBE Assistance Organization.
(c) Contracting with new SBE: Documenting that the SBE Assistance Organization helped to identify an SBE with whom the Bidder subsequently subcontracted work (whether on a City Construction Contract or other contract). Rodgers Builders, Inc. will not give the Bidder credit for this GFE if the Bidder contracts with an SBE that the Bidder has used on previous projects.
20
Section 5.3.9: Bonding or Insurance Assistance on Construction Contract. To receive credit for this GFE, the Bidder must assist an SBE in obtaining its own bond or insurance coverage for a City contract or another contract by (a) providing direct assistance, (b) showing that the SBE did not have access to the bond or insurance coverage before the Bidder’s assistance; and (c) providing the assistance within the 120 Days preceding the Bid Opening.
To document satisfaction of this GFE, the Bidder must submit: (a) the name of the SBE; (b) a description of the assistance the Bidder provided; (c) the date the Bidder provided the assistance; (d) the name of a contact person with the SBE who can verify that the Bidder provided the assistance; and (e) any additional information requested by Rodgers Builders, Inc.
20
Section 5.3.10: Covering Subcontractors Under Bidder’s Bond or Insurance on the Construction Contract Up for Award. To receive credit for this GFE, the Bidder must commit to cover one or more SBEs under the Bidder’s bond or insurance for work that the Bidder and Rodgers Builders, Inc. would typically require a bond, without requiring the SBEs to provide their own bond or insurance coverage. To document satisfaction of this GFE, the Bidder must (a) identify the SBE to which the Bidder made the commitment; and (b) document that such commitment was communicated to the SBE before the Bidder received the SBE’s bid. Bidders will not receive credit for bonding SBEs on work for which Rodgers Builders, Inc. does not typically require a bond, such as hauling.
20
Section 5.3.11: Entering Into Joint Venture with SBEs. To receive credit for this GFE, the Bidder must document the existence of a Joint Venture agreement between the Bidder and an SBE that increases opportunities for SBE business participation, whether on City Contracts or other contracts. To document satisfaction of this GFE, Bidders must document that they have entered into such an agreement within the 120 Days before the Bid Opening, and such documentation must include; (a) the name of the SBE; (b) a description of the Joint Venture; (c) evidence of the date the Bidder and the SBE entered into the agreement; and (d) the name of a contact person with the SBE who can verify the terms of the agreement.
25
Section 5.3.12: Facilitating Joint Ventures between SBEs. To receive credit for this GFE, the Bidder must within the 120 Days before the Bid Opening facilitate a Joint Venture agreement between SBEs that would not otherwise be able to participate in the Construction Contract. To document satisfaction of this GFE, the Bidder must: (a) comply with Section 3.4.4 (b) submit the names of the two SBEs for which the Bidder facilitated a Joint Venture; (c) provide a description of the steps the Bidder took to facilitate the Joint Venture; and (d) provide a statement from at least one of the SBEs indicating that it would not have been able to participate in the Construction Contract but for the Joint Venture. Additionally, the SBE Joint Venture must be listed on Form 3 as an SBE participating in the Construction Contract for which the Bidder is submitting a Bid.
25
Section 5.3.13: Financial Assistance. To receive credit for this GFE, the Bidder must provide one of the following types of assistance to an SBE during the preceding 90 Days before Bid Opening: (a) assistance in obtaining equipment, a loan, capital, lines of credit, (b) joint pay agreements or guaranties to secure loans, the purchase of supplies, or letters of credit, including waiving credit that is ordinarily required; or (c) assistance in obtaining the same unit pricing with the Bidder’s suppliers as the Bidder. Such assistance may be in connection with a City Construction Contract or any other contract.
To receive credit for this GFE, Bidders must document: (a) the name of the SBE; (b) the description of the assistance the Bidder provided; (c) the date the Bidder provided the assistance; and (d) the name of a contact person with the SBE who can verify that the Bidder provided the assistance was provided.
Small Business Opportunity Program
Revised June 1, 2007
Good Faith Efforts (GFE) and Statement of GFE Compliance SBO Form 5 (Page 3 of 3)
Bidder Name:
Project Name: Discovery Place Renovation – Phase I - Acoustical Assemblies Project Number: 512-06-023
20
Section 5.3.14: Quick Pay Agreements On The Construction Contract Up For Award. For purposes of this Section, the term “Quick Pay Commitment” means a commitment to pay all SBEs participating in the Construction Contract within 20 Days after the Contractor confirms that the SBE has properly performed and the SBE’s work has been properly completed.
To receive credit for this GFE, Bidders must either: (a) provide Rodgers Builders, Inc. with a copy of a policy containing the above-referenced Quick Pay Commitment that the Bidder has adopted for the project and document that the Bidder informed each SBE about the Quick Pay Commitment as part of the Bidder’s SBE contacts under Section 5.3.2; OR (b) provide a legally binding Quick Pay Commitment in the form of an Agreement with each SBE that will participate in the Construction Contract up for award. Including a statement in a Bid solicitation letter indicating that the Bidder will consider entering into quick pay agreements will not suffice.
0
Section 5.3.15: Attendance at City SBO Workshops or Networking Sessions. To receive credit for this GFE, the Bidder must attend a workshop, seminar or networking session held by Rodgers Builders, Inc. to (a) educate contractors or SBEs about the requirements of the SBO Program and how Bidders can comply with the Program; or (b) increase the capacity or skill level of SBEs; or (c) provide networking opportunities for SBEs. To receive credit for this GFE, Bidders must document that they attended such a workshop or seminar during the preceding 90-Days before Bid Opening. The KBU shall not give Bidders credit toward this GFE category for the Bidder’s attendance at a Pre-Bid conference.
15
Section 5.3.16: Follow-up Contacts. To receive credit for this GFE, the Bidder must follow-up with each SBE that the Bidder contacted under Section 5.3.2 that did not reply that it was unwilling to participate in the Construction Contract.
Additionally, the Bidder must: (a) make each follow-up contact subsequent to the initial contact and at least 48 hours before Bid Opening; (b) make each follow-up contact by telephone or in person and (c) provide documentation for each follow-up contact in accordance with Section 5.3.2.3. Rodgers Builders, Inc. may request additional documentation in accordance with Section 5.3.2.4, and may verify the contacts as Rodgers Builders, Inc. deems appropriate.
15 Section 5.3.17: Achieving 50% of SBE Participation Goal. To receive credit for this GFE, the Bidder’s Committed SBE Goal must be at least 50% of the SBE Goal established by Rodgers Builders, Inc. for the Contract.
20
Section 5.3.18: Additional SBE Outreach. To receive credit for this GFE, not less than 7 Days before the Bid Opening, a Bidder must contact 75% of the total number of SBEs Rodgers Builders, Inc. lists or identifies in Rodgers Builders, Inc. Solicitation Documents for the Contract being bid. For example, if Rodgers Builders, Inc. lists 80 SBEs in Rodgers Builders, Inc. Solicitation Documents and requires that Bidders contact a minimum of 20, a Bidder would have to contact 60 SBEs to meet to receive credit under this Section. To receive credit, the Bidder must comply with the solicitation requirements outlined in Section 5.3.2.1, Section 5.3.2.2 and Section 5.3.2.3 (a) through (f).
25
Section 5.3.19: SBE Participation On Non-City Contracts. To receive credit for this GFE, the Bidder must document that during the 120-Day period before Bid Opening, the Bidder used SBEs on non-City contracts where the SBE subcontract value equaled or exceeded the amount the Bidder would have to pay SBEs to meet the SBE Goal for the Construction Contract at issue. To receive credit for this item, Bidders must document for each non-City SBE subcontract: (a) the name of the project and the parties to the contract; (b) the name of the SBEs the Bidder paid on the project; (c) the amount the Bidder paid to each SBE; and (d) any additional documentation requested by the Program Manager for verification purposes.
25
Section 5.3.20: Working With a New SBE. To receive credit for this GFE, the Bidder must document that during the 120-Day period before Bid Opening, the Bidder hired an SBE that it had not previously contracted with to perform at least $10,000 of work, whether on a City contract or other contract. To receive credit for this item, Bidders must document: (a) the name of the project on which the Bidder hired the new SBE; (b) the name of the new SBE the Bidder hired; (c) the amount the Bidder paid or the estimated amount the Bidder will pay to the new SBE; and (d) any additional documentation requested by the Program Manager for verification purposes.
375 Total Available GFE Points 170 Total GFE Points Attained
Per Part B, Section 5 of the SBO Program, if a Bidder has not fully met the SBE Goal, then it must document it has met the GFE requirements by completing this Form. Bidder must submit Form 5 within one business days after Rodgers Builders, Inc. requests it as modified for Discovery Place Renovations Only. Failure to do so constitutes grounds for rejection of the Bid.
Small Business Opportunity Program
Revised June 1, 2007
Payment Affidavit - Subcontractor / Supplier Utilization SBO Form 6 To be submitted with each request for payment from Rodgers Builders Inc. Copy this form as needed.
Invoice Amount: Payment or Invoice #: Project Name: Discovery Place Renovation – Phase 2 - Acoustical Assemblies Contract Number: Payment Period: From To KBU: (Department) Section 1: Payments to SUBCONTRACTORS Complete the chart below for all subcontractors used on the Project/Contract regardless of dollar amount. All subcontractors must be registered in the City’s Vendor Registration System.
Subcontractor’s Name Description of Work Performed NIGP Code City VMS
Number Payment
this Pay Period Cumulative Payments
Section 2: Payments to SUPPLIERS All suppliers providing goods under City contracts must be listed on the Sales Tax Statement submitted with each pay request. Rodgers Builders, Inc. may request on a case-by-case basis that the Contractor require certain suppliers to be registered in the City’s Vendor Registration System and may withhold payment of any amounts due the Contractor in the event the Contractor fails to comply with such request.
The undersigned Company certifies the preceding chart is a true and accurate statement of all payments that have been or will be made to subcontractors and suppliers on this Project/Contract. If no subcontractors or suppliers are listed on the preceding chart, the Company certifies that no subcontractors or suppliers were used in performing the Project/Contract for the payment period indicated. Failure to provide accurate and truthful information is a violation of the Small Business Opportunity Program and is subject to the sanctions prescribed therein.
This day of 200
Name of Company VMS #
Signature Print Name and Title
I. SPECIFICATION SECTIONS:
A. Applicable in total to the work of this Bid Package:
Division 00 - Procurement and Contracting Requirements (entire Section)
Division 01 - General Requirements (entire Section)
Section 035416 - Hydraulic Cement Underlayment
Section 093000 - Tiling
Section 096513 - Resilient Base and Accessories
Section 096516 - Resilient Sheet Flooring
Section 096519 - Resilient Tile Flooring
Section 096813 - Tile Carpeting -GSA Purchased Product
Section 096816 - Sheet Carpeting -GSA Purchased Product
B. Applicable only as required by the work of this Bid Package:
Section 024119 - Selective Structure Demolition
Section 078446 - Fire-Resistive Joint Systems
Section 079200 - Joint Sealants
II.
General Considerations
GC1.0
GC2.0
GC3.0
Include all seismic provisions as required by specifications and all applicable building
codes.
All Owner stock material is to be stored as a part of this Bid Package until requested
at closeout. All material to be turned over to the Owner as Owner Stock is to be held
until requested by Rodgers Builders, Inc. or the Owner. No stock material is to be
stored in the building during construction.
The project goal for the Discovery Place Renovation Project is seven percent (7%).
In accordance with the City of Charlotte’s Small Business Opportunity Program, the
established goal for this Bid Package is twelve percent (12%). Please refer to the
SBO program policy included herein. For further questions, please contact the SBO
Program Manager for the Discovery Place Renovation Project - Lil Associates II,
Inc., Jasmine Hines, 704-372-3331 or [email protected].
WORK DESCRIPTION: Furnish all labor, materials, supervision, equipment, insurance,
overhead and profit, necessary or incidental, as required to complete the scope of work
identified in the construction drawings and applicable specification sections referenced
above. Performance of the work must include, but is not necessarily limited to the following:
Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
SPECIFIC SUMMARY OF WORK
Bid Package No. 09E - GSA Floor Coverings – Resilient, Carpeting and Hard tile
April 17, 2009
DIVISION OF WORK: Bid Package No. 09E - Trade Subcontractor is exclusively responsible for work
described in the following:
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Discovery Place
Interior Renovations Phase 2 Formal Packages
SPECIFIC SUMMARY OF WORK
Bid Package No. 09E - GSA Floor Coverings – Resilient, Carpeting and Hard tile
April 17, 2009
GC4.0
A. Drywall Assemblies - Not Used
B. Stucco/EIFS Applications - Not Used
C. Acoustical Assemblies - Not Used
D. Hard Tile
D1.0
D2.0
D3.0
D4.0
D5.0
D6.0
D7.0
D8.0
D9.0
D10.0
D10.01
This Bid Package includes responsibility for all floor preparatory work necessary for
the recommended installation of the products including variances in the slab
substrate that exceed the tolerances outlined in the concrete specifications or as a
result of building demolition in existing buildings. Gypsum based floor patching
material is not allowed.
Buffing and waxing floor coverings is the responsibility of this Bid Package. This
includes both initial cleaning after installation and final waxing prior to substantial
completion.
Clarification - Hard tile products are not GSA - products, but must be included in bid.
Caulking and sealants of all fabrication and assemblies furnished under this Bid
Package and as required by the drawings and specifications as follows:
This Bid Package includes furnishing, installing, and maintaining temporary
protection for all floor finishes that are installed as a part of this Bid Package until
project substantial completion.
Ensure adhesives for floor tile are compatible with curing compounds utilized on the
concrete.
Cleaning and acceptance of surfaces to receive tile applications.
Include all hard tile applications, trim, and accessories for a complete and
functioning system as indicated by the drawings and specifications.
To one another
Marble thresholds at hard tile floor junctures with other flooring materials.
This Bid Package includes responsibility for single ply waterproof membrane at
elevated slabs as indicated on construction documents. This Bid Package to provide
a leak proof system at all shower pans including all waterproofing, flashing, and
other appurtenances.
Patching around penetrations by other trades.
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Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
SPECIFIC SUMMARY OF WORK
Bid Package No. 09E - GSA Floor Coverings – Resilient, Carpeting and Hard tile
April 17, 2009
D10.02
D11.0
D12.0
D13.0
E. GSA Floor Coverings – Resilient, Carpeting and Hard tile
E1.0
E2.0
E3.0
E4.0
E5.0
This Bid Package is responsible for replacing all existing expansion joint covers with
new regardless if shown on drawings and specifications.
This Bid Package includes responsibility for all floor preparatory work necessary for
the recommended installation of the products including variances in the slab
substrate that exceed the tolerances outlined in the concrete specifications or as a
result of building demolition in existing buildings. Gypsum based floor patching
material is not allowed. All materials and installers to be used for floor preparatory
work must be submitted to and approved by the Construction Manager and the
Architect. No floor preparatory work is to take place until moisture tests are
performed.
Unless otherwise specified, buffing and waxing of floor coverings per the
manufacturers recommendations is the responsibility of this Bid Package. This
includes both initial cleaning after installation and final waxing prior to substantial
completion.
This Bid Package includes furnishing, installing, and maintaining temporary
protection, and traffic control for all floor finishes that are installed as a part of this
Bid Package until project substantial completion.
Ensure adhesives are compatible with curing compounds utilized on concrete and
the intended use of the area in which flooring is installed. Unless the Subcontractor
specifically requests clarifications by the Owner or Architect adhesive selection is the
responsibility of the Subcontractor.
Cleaning and acceptance of surfaces to receive flooring applications.
To the work of other trades to which they adjoin that is in place prior to
work of this Bid Package.
Field touch up/painting of all prefinished items and items to receive field applied
finishes under the work of this or other Bid Packages.
This Bid Package includes all floor and wall tile applications.
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Discovery Place
Interior Renovations Phase 2 Formal Packages
SPECIFIC SUMMARY OF WORK
Bid Package No. 09E - GSA Floor Coverings – Resilient, Carpeting and Hard tile
April 17, 2009
E6.0
E7.0
E8.0
E8.01
E8.02
E9.0
E10.0
E11.0
E12.0
E14.0
E15.0
E16.0 This Bid Package includes demolishing and removal, and haul-off of existing
flooring, mastic, and underlayments at all locations where new flooring products are
to be installed. All preparatory work to be included.
Furnish and install all resilient base and carpet base as indicated in the drawings
and specifications. Unless specified otherwise, all base material is to be furnished in
roll goods.
This Subcontractor is responsible for moisture testing by an approved independent
testing agency as required by the manufacturer(s) prior to the installation of the
flooring materials. In addition to the testing required by the floor manufacturer, the
Construction Manager requires that Relative Humidity tests in accordance with
ASTM F 2170-02 be performed by an independent testing agency. The costs for all
of these tests are included in this Bid Package. Unless specified otherwise, all tests
required by the manufacturer must be completed in accordance with the square
footage guidelines provided. Failure to do so may result in rejection and replacement
of flooring. All testing must be documented and provided to Rodgers Builders before
flooring installation proceeds.
Include all floor coverings, trim, and accessories for a complete and functioning
system as indicated by the drawings and specifications.
Caulking and sealants of all fabrication and assemblies furnished under this Bid
Package and as required by the drawings and specifications as follows:
Unless specified otherwise all installers must have at least five years experience
with the flooring product to be installed.
To one another
To the work of other trades to which they adjoin that is in place prior to
work of this Bid Package.
Field touch up/painting of all prefinished items and items to receive field applied
finishes under the work of this or other Bid Packages.
This is to include all scope of work as indicated above and below.
This Trade Bid Package to include all rubber treads, rubber flooring and rubber base
as indicated in the drawings and specifications.
This Bid Package is to include all floor patching, floor prep and floor leveling to
achieve a aesthetically pleasing and level floor while complying to the drawings and
specifications.
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Discovery Place
Interior Renovations Phase 2 Formal Packages
SPECIFIC SUMMARY OF WORK
Bid Package No. 09E - GSA Floor Coverings – Resilient, Carpeting and Hard tile
April 17, 2009
E17.0
E18.0
E19.0
E20.0
E21.0
E22.0
E23.0
E24.0
E25.0
E26.0
This Bid Package to include all minor floor leveling in the base bid. Minor floor
leveling is defined as anything one-eighth inch (1/8") or less.
This Bid Package to include removal and replacement of all existing floor expansion
joint covers regardless if indicated on drawings to be replaced.
This Trade Bid Package to provide and install all resilient products as shown in the
drawings and specifications. These products include but are not limited to VCT,
sheet linoleum, LVT, rubber flooring, flexible drain tile and Rubber treads.
This Bid Package includes Patching carpet in Phase 1 and at new ticketing desk
installation.
This Bid Package includes all removal of existing flooring and mastic
in areas to be sealed concrete floor finish are the responsibility of this
package. Mastic must be completely removed and ready to receive
Sealer.
This Bid Package includes phased demolition so that finishes will be replaced
immediately following removal of existing flooring. At the end of each work shift all
new flooring will be in place. No floor area exposed to public will be left uncovered
for more than a ten (10) hour period.
This Bid Package is responsible for recycling all recyclable carpet materials that
have been demolished. This Bid Package will also be responsible for providing
proof and chain of custody concerning recycled carpet material.
This Bid Package includes providing and installing all floor related fire resistive joint
systems and expansion joints as it relates to scope of work per the construction
documents. Any floor fire resistive joint systems and expansion joints that adjoin this
scope of work are to be included.
This Trade Bid Package to provide and install all tile carpet, sheet carpet, and walk
off carpet as shown in the drawings and specifications. This Trade Bid Package to
provide all carpet padding if applicable.
This Bid Package includes purchase and installation of all flooring products by a
qualified GSA installer.
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Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
SPECIFIC SUMMARY OF WORK
Bid Package No. 09E - GSA Floor Coverings – Resilient, Carpeting and Hard tile
April 17, 2009
ALL-01
UP-01 Provide a unit price for major floor Leveling per square foot.
Provide an allowance of fifteen thousand dollars ($15,000) for major floor leveling.
Major floor leveling is defined as being any thing over one-eighth inch (1/8") deep.
This allowance to be included in the base bid.
BID PACKAGE SPECIFIC ALLOWANCES
The following Allowance(s) is/are to be included in the Base Bid of this bid package.
BID PACKAGE SPECIFIC UNIT PRICES
The following Unit Price(s) is/are to be inserted on page 4 of the bid form in order for the bid to be
considered responsive.
ALL ALTERNATES, UNIT PRICES AND EQUIPMENT RATES MUST INCLUDE
SUBCONTRACTOR’S OVERHEAD, PROFIT AND BOND COSTS.
Rodgers Builders…Our Passion is Building.®
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Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
SPECIFIC SUMMARY OF WORK
Bid Package No. 09E - GSA Floor Coverings – Resilient, Carpeting and Hard tile
April 17, 2009
1.
1.1
1.2
1.3
1.4
1.5
1.6
1.7
2.
2.1
2.2
2.3
2.4
2.5
2.6
Amounts
Attic Stock
Resilient
Misc. Staging & Logistics Items
Engineering / Design Services- if applicable
Layout / Staking
Each Bid Package is required to provide a price breakdown of their lump sum bid, at bid time. The price
breakdown is for information and evaluation purposes only. The BID AMOUNT quoted shall be the full
compensation for each Bid Package as defined by the Scope of Work. Bid Amounts shall be broken
down as identified below.
lsStaging & Logistics 1
Resilient Flooring 1
Flooring demo and haul-off
Recycle Carpet
ls
Slab Moisture Testing
Mobilizations(s)
Slab Moisture Testing
LVT
Item # Item Description Quantity Unit
Rodgers Builders…Our Passion is Building.®
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Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
SPECIFIC SUMMARY OF WORK
Bid Package No. 09E - GSA Floor Coverings – Resilient, Carpeting and Hard tile
April 17, 2009
3.
3.1
3.2
3.3
4.
4.1
4.2
4.3
4.4
4.5
4.6
4.7
6.
6.1
6.2
Carpet Type _____
Rubber Wall Base & Accessories
Attic Stock
Resilient Base and Accessories
Carpet Type _____
1 ls
1
Provide an allowance of fifteen thousand dollars
($15,000) for major floor leveling. Major floor
leveling is defined as being any thing over one-
eighth inch (1/8") deep. This allowance to be
included in the base bid.
Carpet Type _____
Slab Moisture Testing
lsCarpet
Attic Stock
Carpet Type _____
$15,000
Allowances
Rodgers Builders…Our Passion is Building.®
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Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
SPECIFIC SUMMARY OF WORK
Bid Package No. 09E - GSA Floor Coverings – Resilient, Carpeting and Hard tile
April 17, 2009
LEAD TIMES:
Provide the Anticipated Lead-Time for:
After Receipt of Approved Shop Drawings / Samples weeks
Provide the Anticipated Lead-Time for:
After Receipt of Approved Shop Drawings / Samples
Has a Bid Bond been Included as Indicated by the Contract Documents
weeks
LEAD TIMES:
LEAD TIMES:
p Yes
Provide the Anticipated Lead-Time for:
p
1 Subtotal
AmountsBID SUMMARY:
ENTER COMPANY NAME HERE:
2 Sales Tax on Materials Incorporated into the Site & Buildings
3 Bond Amount as Required by Contract Documents
After Receipt of Approved Shop Drawings / Samples weeks
No
MISCELLANEOUS CONSIDERATIONS:
4 Out of Town Living Expenses for Labor Crews (IF APPLICABLE)
T O T A L P R I C E (Lines 1 + 2 + 3 + 4)
Professional Liability Insurance ($2,000,000.00) will be Provided p Yes p No
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SBO PROVISIONS AND FORMS
Revised June 1, 2007
FOR
Discovery Place Renovations
Phase 2 – Floor Covering _____________________________________________________________________
Revised June 1, 2007 (E&PM)
1. APPLICATION: The City of Charlotte’s Small Business Opportunity Program (SBO Program) is incorporated into and made a part of this solicitation and the resulting contract (the “Contract”). Copies of the SBO Program may be obtained on-line at http://smallbiz.charmeck.org or from the SBO Office, 600 E. Fourth Street, Charlotte, North Carolina 28202-2850, Phone 704-336-2473. Capitalized terms used in this document are defined in the SBO Program. 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 Rodgers Builders, Inc. The SBO Program requires that you (a) meet the SBE Utilization Goal listed in Section 2 below; or (b) comply with the Good Faith Efforts requirements referenced in Section 3 below. Failure to comply with the SBO Program in the bid/proposal phase will constitute grounds for rejection of your bid. Failure to comply after contract award may result in assessment of damages or termination of your contract.
2. THE SBE UTILIZATION GOAL FOR THIS CONTRACT HAS BEEN SET AT: 12% Each Bidder must submit the proposed SBE utilization on the Form 3 listing subcontractors and suppliers that will be providing goods or services and projected dollar amount for each SBE. Bidders must also indicate the total dollar value of SBE participation for the contract. In the event the bidder has no SBE participation, the Bidder is still required to indicate this on Form 3 by entering the word or number zero. Blank forms will be deemed to represent zero participation. Bids submitted which do not have the above required SBE information indicated on Form 3 may cause the bid to be considered non-responsive and it may be rejected. Form 3 must be submitted with your bid. Rodgers Builders, Inc. will only give Bidders credit toward the SBE Goal for those SBES that are certified SBEs as of the Bid Opening and that meet Part B Section 3 of the SBO Program. Please note that to count an SBE toward your SBE Utilization Goal; you will need to have that SBE sign a Letter of Intent on Form 4 (or an equivalent form containing the same information). Rodgers Builders, Inc. will request your Letters of Intent if you are a finalist for contract award, and you must submit a separate Form 4 for each SBE identified on the Form 3 within 3 Business Days after Rodgers Builders, Inc. requests it.
3. GOOD FAITH EFFORTS: IF YOU DO NOT MEET THE SBE UTILIZATION GOAL, then you
must meet the Good Faith Efforts requirements set forth in Part B Section 5 of the SBO Program. These are summarized below. Failure to do so will constitute grounds for rejection of your bid.
Documenting Good Faith Efforts. To demonstrate Good Faith Efforts compliance, you must complete and submit Form 5 Good Faith Efforts (GFE) / Statement of GFE Compliance. Form 5 states the minimum required Good Faith Efforts points for this Contract, and lists the number of points attainable for each type of Good Faith Effort. Rodgers Builders, Inc. will request your Good Faith Efforts (GFE) / Statement of GFE Compliance if you are a finalist for contract award, and you must submit Form 5 within 1 Business Days after the Rodgers Builders, Inc. requests it. It is important that you carefully review Part B Section 5 of the SBO Program as soon as possible so as to put yourself in a position to provide the documentation. Please note that the due date for Form 5 has been specifically modified and approved by the Department of Economic Development for the Discovery Place Renovation project in order to facilitate meeting the schedule requirements of the project. 3.1 SBE Contacts:
In order to receive credit for this Good Faith Effort at least 7 Calendar Days prior to Bid Opening, you must contact at least 2 SBE firms (the “Minimum Contacts”) listed in the SBE Source List provided with Rodgers Builders, Inc.’s bid or proposal packet or that can be found on the Small Business Development Program website located at http://epmcontracts.charmeck.org. Please refer to Part B Section 5.3.2 of the SBO Program regarding how these Minimum Contacts must be made and documented. Minimum Contacts must be recorded on Form 2, which is submitted along with Form 5. Please note that you must make the Minimum Contacts at least 7 Calendar Days before Bid Opening. It is important that you carefully review Part B Section 5.3.2 of the SBO Program as soon as possible so as to put yourself in a position to provide Form 2 and any other documentation as requested by Rodgers Builders, Inc.
Good Faith Negotiation. You must negotiate in good faith with all interested SBE firms. Part B Section 4.4 of the SBO Program defines what negotiating in “good faith” means. Among other things, it means that if an SBE is low bid on a contract for construction or for the procurement of goods, then you must contract with that SBE
Revised June 1, 2007 (E&PM)
unless it is not “Qualified” within the meaning of the SBO Program. To demonstrate Good Faith Negotiation Compliance you must submit good faith documentation as requested by Rodgers Builders, Inc. to support your efforts for each subcontracting opportunity identified by Rodgers Builders, Inc. for which the low bid by an SBE is not accepted. You must provide such forms and information within 1 Business Days after Rodgers Builders, Inc. requests it. Failure to comply with the requirements set forth in this section shall constitute grounds for rejecting a bid.
Self-Performance. Bidders that do not meet the SBE Utilization Goal and desire to self perform all of the Contract must nevertheless demonstrate that they complied with the Good Faith Efforts requirements as provided in Part B Section 5.6 of the SBO Program. Failure to do so shall constitute grounds for rejection of your bid. Bidders that intend to self perform may be required to submit additional documentation to Rodgers Builders, Inc. at least 14 calendar days prior to the Bid Opening to obtain clearance for self performance.
Plans and Specifications. Plans and Specifications may be viewed at Rodgers Builders, Inc., Center City office located at 400 West Trade Street, Charlotte, NC 28202. Other locations:
Richa Graphics 204 N. Tryon St.
Charlotte, NC 28202 704-333-9744
Carolinas AGC (CAGC) 1100 Euclid Ave
Charlotte NC 28203 704-372-1450
Metrolina Contractors Resource Center
3124 W. Trade Street, Suite A, 704-332-5746
Hispanic Contractors Association of Carolinas 2923 E Independence Blvd
Charlotte NC 28205 877-227-1680
4. MANDATORY SUBCONTRACTING REQUIREMENTS
Per Part B Section 2.5 of the SBO Program, City Council has the authority to establish mandatory, subcontracting requirements for certain contracts. The blank checked below indicates whether such requirements have been established for this Contract:
City Council has established a mandatory subcontracting requirement of percent ( %) for this Contract.
City Council has not established a mandatory subcontracting requirement for this Contract. 5. SBO PROGRAM PROVISIONS APPLICABLE AFTER CONTRACT AWARD
If you are awarded a Contract with Rodgers Builders, Inc., note in particular the following Sections of the SBO Program that relate to post award requirements and activity:
a. Compliance with committed SBE utilization level throughout the Contract per Part D Section 2 of the
SBO Program. b. Terminating or Replacing an SBE on a contract per Part D Section 5 of the SBO Program. c. New Subcontractor Opportunities/Additions to Scope, Contract Amendments per Part D Section 6 of the
SBO Program. d. Payments to SBEs per Part D Section 7 of the SBO Program. e. Utilization Reports and Documentation of Payments per Part D Section 8 of the SBO Program.
6. SBO CONTRACT PROVISIONS
The following provisions are incorporated into any contract that may result from this solicitation. Small Business Opportunity Program. Rodgers Builders, Inc. has adopted a Small Business Opportunity Program, which is posted on the City’s website and available in hard copy form upon request to Rodgers Builders, Inc.. The parties agree that:
(i) The terms of the City’s Small Business Program, as revised from time to time, together with all rules and
guidelines established under such program (collectively, the “SBO Program”) is incorporated into this Agreement by reference; and
(ii) A violation of the SBO Program shall constitute a material breach of this Agreement, and shall entitle Rodgers Builders, Inc. to exercise any of the remedies set forth in Part D of the SBO Program, including but not limited to liquidated damages; and
Revised June 1, 2007 (E&PM)
(iii) Without limiting any of the other remedies Rodgers Builders, Inc. has under the SBO Program, Rodgers Builders, Inc. shall be entitled to withhold periodic payments and final payment due to the Contractor under this Agreement until Rodgers Builders, Inc. has received in a form satisfactory to Rodgers Builders, Inc. all claim releases and other documentation required by the City’s SBO Program, and 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 G.S. 143-134.1; and
(iv) The remedies set forth in Part D Section 13 of the SBO Program shall be deemed cumulative and not exclusive and may be exercised successively or concurrently, in addition to any other available remedy; and
(v) Rodgers Builders, Inc. will incur costs if the Contractor violates the SBO Program, and such costs are difficult to ascertain due to their indefiniteness and uncertainty. Accordingly, the Contractor agrees to pay Rodgers Builders, Inc. liquidated damages at the rates set forth in Part D of the SBO Program.
(vi) The Contractor agrees to participate in any dispute resolution process specified by Rodgers Builders, Inc. from time to time for the resolution of disputes arising from the SBO Program.
(vii) Nothing in this Section shall be construed to relieve a Contractor from any obligation it may have under N.C. Gen. Stat. 143-134.1 regarding the payment of subcontractors.
Remedies for Violation of SBO Program. A violation of the SBO Program by a Contractor shall constitute a material breach of the Contract, and shall entitle Rodgers Builders, Inc. or private owner to:
(i) Exercise all rights and remedies that it may have at law or at equity for violation of the SBO Program;
Terminate the Contract for default; (ii) Suspend the Contract for default; (iii) Withhold all payments due to the Contractor under the Contract until such violation has been fully cured
or Rodgers Builders, Inc. and the Contractor have reached a mutually agreeable resolution; (iv) Assess liquidated damages as provided in the following Part D Section 13.2; and/or (v) Offset any liquidated damages and/or any amounts necessary to cure any violation of the SBO Program
from any retainage being held by Rodgers Builders, Inc. on the Contract, or from any other amounts due to the Contractor under the Contract.
The remedies set forth herein shall be deemed cumulative and not exclusive, and may be exercised successively or concurrently, in addition to any other available remedy.
Liquidated Damages. Rodgers Builders, Inc. and the Contractor acknowledge and agree that Rodgers Builders, Inc. will incur costs if the Contractor violates the SBO Program in one or more of the ways set forth below. The parties further acknowledge and agree that Rodgers Builders, Inc. will incur damages as a result of such failure, but that the costs Rodgers Builders, Inc. might reasonably be anticipated to accrue as a result of such failures are difficult to ascertain due to their indefiniteness and uncertainty. Accordingly, the Contractor agrees to pay Rodgers Builders, Inc. liquidated at the rates set forth below for each specified violation of the SBO Program. The Contractor further agrees that for each specified violation the agreed upon liquidated damages are reasonably proximate to the loss Rodgers Builders, Inc. will incur as a result of such violation:
(i) Failure to meet the SBE Goal. If Rodgers Builders, Inc. determines upon completion or termination of
a Contract that the Contractor did not meet the Committed SBE Goal and that such failure is not otherwise excused under Part D Section 2, Rodgers Builders, Inc. may assess the lesser of : (a) $30,000 or (b) the dollar difference between the Committed SBE Goal and the Contractor’s actual SBE utilization;
(ii) Using SBE as a Conduit. If the Contractor lists an SBE to receive credit toward a Committed SBE Goal with knowledge that the SBE will be acting as a Conduit or will not be performing a Commercially Useful Function reasonably commensurate with the payment amount for which the Contractor will be seeking credit, Rodgers Builders, Inc. may assess the lesser of: (a) $20,000 or (b) the dollar amount the Contractor indicated that it would pay such SBE in the SBEs contract (or if no contract has been signed, the SBE’s Letter of Intent);
(iii) Wrongful Termination or Replacement of SBE Services. If the Contractor terminates or replaces an SBE in violation of the SBO Program, Rodgers Builders, Inc. may assess the lesser of: (a) $20,000 or (b) the dollar amount of the work remaining to be performed by the terminated SBE at the time it was
Revised June 1, 2007 (E&PM)
terminated (or if the SBE was not terminated because it was never retained, then, the dollar amount that the Contractor indicated it would pay the SBE in the SBE’s letter of intent) or ;
(iv) Failure to Comply with SBO Program Upon Termination or Withdrawal by SBE. If the Contractor fails to comply with Part D Section 5 of the SBO Program upon the termination or withdrawal of an SBE the City may assess the lesser of: (a) $20,000 or (b) the dollar amount of the work remaining to be performed by the SBE that withdrew or was terminated at the time of the termination or withdrawal;
(v) Failure to Comply with SBO Program to Add New Subcontractors. If the Contractor fails to comply with Part D of the SBO Program in adding new subcontractors to a Contract, or in the event of a Contract amendment or increase in the scope of work on a contract, Rodgers Builders, Inc. may assess the lesser of: (a) $20,000; or (b) the dollar amount of the new or additional work;
(vi) False Statements and Misrepresentations. If the Contractor makes a false statement or material misrepresentation regarding any matter relevant to the SBO Program (including but not limited to information provided regarding payments made to SBEs), Rodgers Builders, Inc. may assess the lesser of: (a) $25,000; or (b) the dollar difference between what the Contractor represented and the truth;
(vii) Failure to Respond to Request for Information. If the Contractor fails to provide any report, documentation, affidavit, certification or written submission required under the SBO Program within the time period ser forth therein, Rodgers Builders, Inc. may assess $25 per day for each day that such report, documentation or written submission is overdue.
7. SBO FORMS
Bidders shall submit the following forms with Bid document or at a time specified:
Submission Requirements Form No. Notification of Subcontractor / Purchasing Opportunities. Identifies all the subcontracting or supplier opportunities available on the Contract.
Submission is optional. If submitted, it must be received by Rodgers Builders, Inc. fourteen (14) Calendar Days before the Bid Opening date.
Form 1
SBE Solicitation. Identifies all SBEs the Bidder contacted or those that contacted the Bidder and the scope of work for which they were contacted. Includes date and method of contact for SBE firms. Good Faith Negotiation is documented on this form.
Rodgers Builders, Inc. will request this form from finalists for contract award. Must submit within three (3) Business Days after requested by Rodgers Builders, Inc.
Form 2
Subcontractor / Supplier Utilization Commitment. Identifies all subcontractors, suppliers, manufacturers, brokers and/or members of a joint venture to be utilized on the contract and dollar amounts committed to SBEs. Bidders must include all subcontractors known at the time the Bid or proposal is submitted.
Due with bid.
Form 3
Letter of Intent. Bidders must submit a separate Letter of Intent executed by each SBE listed on Form 3 that the Bidder will use on the Contract.
Rodgers Builders, Inc. will request this form from finalists for contract award. Must submit within three (3) Business Days after requested by Rodgers Builders, Inc.
Form 4 or alternative as permitted by the City
Good Faith Efforts (GFE) / Statement of GFE Compliance. States the minimum GFE points required for this solicitation and the number of points attributable to each GFE item. Bidder must check each GFE item for which it earned points, as described in Part C Section 5.3 of the SBO Program.
Rodgers Builders, Inc. will request this form from finalists for contract award. Must submit within one (1) Business Days after requested by Rodgers Builders, Inc.
Form 5
Revised June 1, 2007 (E&PM)
Payment Affidavit. Contractor shall provide with each pay request to Rodgers Builders, Inc. a payment affidavit showings payments made to all subcontractors, suppliers, manufacturers, brokers, and / or members of a joint venture in connection with the contract.
Due with each pay request. Form 6 or alternative proof as permitted by the City
All SBO Forms are also available on-line at http://epmcontracts.charmeck.org. Forms must be received by fax, e-mail or US Mail.
8. Please find below a list of activities that Rodgers Builders, Inc. has identified as potential Small Business
Enterprise (SBE) subcontracting opportunities. This is a potential listing not all inclusive. Bidder may identify additional or different opportunities.
NIGP Code Description
36000 Floor covering, floor covering installation and removal 91025 Flooring Maintenance and Repair to Include Refinishing and Sealing 96269 Temporary Labor
A list of SBE vendors can be accessed at the following Website: http://smallbiz.charmeck.org A SBE vendor source list is also included herein.
FLOOR COVERING SBE LIST
by NIGP Code
36000 - FLOOR COVERING, FLOOR COVERING INSTALLATION AND REMOVAL Denise Ballance Flooring Installations VMS #: SM8228 Physical 9024 Mt. Holly RD Contact: Denise Ballance Address: Charlotte NC 28214 Phone: (704) 393-8070 Fax: Mailing E-Mail: Address: Website: Certification Dates: SBE-Jul 5 2005 - Jul 5 2008 , MWBE-Jul 5 2005 - Jul 5 2008
Mekki Modular Systems Inc. VMS #: SM8192 Physical 330 E Hebron ST Contact: Kristina Calhoun Address: Charlotte NC 28273 Phone: (704) 676-0050 Fax: (704) 676-0054 Mailing 330 E Hebron ST E-Mail: [email protected] Address: Charlotte NC 28273 Website: www.mekkimodularsystems.com Certification Dates: MWBE-May 18 2006 - May 18 2009 , SBE-May 18 2006 - May 18 2009
Supreme Flooring Incorporated VMS #: SM15211 Physical 801-C Atando AV Contact: Thelancy M. Price Address: Charlotte NC 28206 Phone: (704) 334-0991 Fax: (704) 334-0981 Mailing E-Mail: [email protected] Address: Website: www.supremeflooringinc.com Certification Dates: SBE-May 30 2006 - May 30 2009 , MWBE-May 30 2006 - May 30 2009
91025 - Flooring Maintenance and Repair to Include Refinishing and Sealing Atlantic Coast Waterproofing VMS #: SM9302 Physical 7915 Chapman ST Contact: Mark Harring Address: Charlotte NC 28216 Phone: (704) 399-0561 Fax: (704) 392-5572 Mailing E-Mail: [email protected] Address: Website: Certification Dates: SBE-Oct 4 2007 - Oct 4 2010 , MWBE-Oct 4 2007 - Oct 4 2010 Byers Janitorial Service, Inc VMS #: S8406 Physical 1113 Claremont RD Contact: Phillip Byers Address: Charlotte NC 28205 Phone: (704) 395-8330 Fax: (704) 395-8331 Mailing PO BOX 790102 E-Mail: [email protected] Address: Charlotte NC 28206 Website: www.byersjanitorial.com Certification Dates: SBE-Jun 5 2006 - Jun 5 2009
JEDC Company VMS #: SM10988 Physical 259 Victoria AV Contact: Montero J Putman Address: Charlotte NC 28202 Phone: (704) 334-2171 Fax: (704) 334-2172 Mailing E-Mail: [email protected] Address: Website: Certification Dates: MWBE-Dec 11 2007 - Dec 11 2010 , SBE-Dec 11 2007 - Dec 11 2010
Page 1 of 2 Discovery Place Renovations - Phase 2 - Flooring
91025 - Flooring Maintenance and Repair to Include Refinishing and Sealing Supreme Flooring Incorporated VMS #: SM15211 Physical 801-C Atando AV Contact: Thelancy M. Price Address: Charlotte NC 28206 Phone: (704) 334-0991 Fax: (704) 334-0981 Mailing E-Mail: [email protected] Address: Website: www.supremeflooringinc.com Certification Dates: SBE-May 30 2006 - May 30 2009 , MWBE-May 30 2006 - May 30 2009
Williams Realty & Remodeling, Inc. VMS #: SM17186 Physical 2317 Laura DR Contact: Michael Williams Address: Charlotte NC 28212 Phone: (704) 804-1112 Fax: (704) 804-1112 Mailing E-Mail: williamsrealtyand [email protected] Address: Website: www.myspace.com/williamsremodeling Certification Dates: MWBE-Feb 8 2008 - Feb 8 2011 , SBE-Feb 8 2008 - Feb 8 2011
96269 - Personnel Services, Temporary Absolute Business Connections, Inc. VMS #: SM16725 Physical 5701 Executive Center DR Contact: Donna Rodgers Address: Charlotte NC 28212 Phone: (704) 537-0010 Fax: (704) 537-0701 Mailing P.O. Box 25767 E-Mail: [email protected] Address: Charlotte NC 28212 Website: www.absolutebusinessconnections.com Certification Dates: SBE-Sep 24 2007 - Sep 24 2010 , MWBE-Sep 24 2007 - Sep 24 2010
C.C. Smith Construction, Inc. VMS #: SM8330 Physical 9111 Washam Potts RD Contact: Zandra Smith Address: Cornelius NC 28031 Phone: (704) 890-1909 Fax: (704) 892-6137 Mailing 1022 Carter AV E-Mail: [email protected] Address: Charlotte NC 28206 Website: Certification Dates: SBE-Apr 7 2006 - Apr 7 2009 , MWBE-Apr 7 2006 - Apr 7 2009
Pro Labor Power VMS #: SM8377 Physical 9009 Albemarle RD Contact: Robert Janda Address: Charlotte NC 28227 Phone: (704) 491-0678 Fax: (815) 717-7413 Mailing 9009 Albemarle RD E-Mail: [email protected] Address: Charlotte NC 28227 Website: Certification Dates: MWBE-Feb 5 2007 - Feb 5 2010 , SBE-Feb 5 2007 - Feb 5 2010
Page 2 of 2 Discovery Place Renovations - Phase 2 - Flooring
Small Business Opportunity Program
Revised June 1, 2007
Notification of Subcontracting / Purchasing Opportunities SBOP Form 1
** Per Part B, Section 5.3.1 of the SBO Program, in order to receive credit as a Good Faith Effort (GFE), a Bidder must provide to Rodgers Builders Inc., no later than 14 Days before Bid Opening this Form 1 or another document providing the same information. (POTENTIAL GFE Points: 15)
Bidder Name:
Project Name: Discovery Place Renovation – Phase 2 – Floor Covering Project Number: 512-06-023
Identify the portions of the contract for which there are intended subcontractor, supplier, or service provider opportunities.
NIGP code Description of Service or Goods (as identified in bid)
Submit this form to: Jasmine Hines
E-mail: [email protected]
Fax Number: 704-372-3341
Small Business Opportunity Program
Revised June 1, 2007
SBE Solicitation Form SBOP Form 2 Copy this Form as needed. (page 1 of 2)
** Per Part B, Section 5.3.2.3 of the SBO Program, in order to receive credit for Contacting SBEs, a Bidder must submit an SBE Solicitation Form (Form 2) within one (1) Business Days after requested by Rodgers Builders, Inc. (POTENTIAL GFE Points: 10)
Bidder Name:
Project Name: Discovery Place Renovation – Phase 2 – Floor Covering Project Number: 512-06-023
SBE Firm: Contact Person: NIGP Code: Scope of Work: Initial Contact Date: Method: Phone Fax Email Courier Mail In person Follow-up: Date: Method: Phone In person Response: No response Not bidding Is bidding $ ______________ Other (explain) Selected? Yes No SBE Firm: Contact Person: NIGP Code: Scope of Work: Initial Contact: Date: Method: Phone Fax Email Courier Mail In person Follow-up: Date: Method: Phone In person Response: No response Not bidding Is bidding $ ______________ Other (explain) Selected? Yes No SBE Firm: Contact Person: NIGP Code: Scope of Work: Initial Contact: Date: Method: Phone Fax Email Courier Mail In person Follow-up: Date: Method: Phone In person Response: No response Not bidding Is bidding $ ______________ Other (explain) Selected? Yes No SBE Firm: Contact Person: NIGP Code: Scope of Work: Initial Contact: Date: Method: Phone Fax Email Courier Mail In person Follow-up: Date: Method: Phone In person Response: No response Not bidding Is bidding $ ______________ Other (explain) Selected? Yes No SBE Firm: Contact Person: NIGP Code: Scope of Work: Initial Contact: Date: Method: Phone Fax Email Courier Mail In person Follow-up: Date: Method: Phone In person Response: No response Not bidding Is bidding $ ______________ Other (explain) Selected? Yes No
Small Business Opportunity Program
Revised June 1, 2007
SBE Solicitation Form SBOP Form 2 Copy this Form as needed. (page 2 of 2)
Pursuant to Part B, Section 4.4 of the SBO Program (Failure to Negotiate In Good Faith), Rodgers Builders, Inc. may find that a Bidder did not meet its Good Faith Negotiation obligation if in Rodgers Builders’ judgment, the Bidder rejects an Interested SBE’s bid for reasons other than: (a) the SBE’s bid was higher than what was proposed by the subcontractor or supplier the Bidder decided to use or higher than the Bidder’s cost of performing such work on its own; (b) the SBE was not a “Qualified SBE” as defined in Part A; or (c) the Business Enterprise that will be performing in place of the Interested SBE is more qualified than the Interested SBE, to the extent that such difference in qualification would materially impact the Bidder’s Bid, or (d) there was a material deficiency with the Interested SBE’s bid (such as it being submitted late, containing inaccurate information, etc.). The undersigned certifies that the information submitted on this Form 2 is true and accurate as of the date indicated below. The undersign further certifies that contacts by U.S. Postal Service, telephone conversations and in person contacts documented on this Form 2 were made in accordance with the requirements of Part B, Section 5.3.2 of the SBO Program and that this shall satisfy as the affidavit confirming such contacts.
Company
Signature of Authorized Official Title Submittal Date
Sworn to before me this day of __________________________ , 200____
NOTARY PUBLIC
My commission expires on
Small Business Opportunity Program
Revised June 1, 2007
Subcontractor / Supplier Utilization Commitment SBOP Form 3 This form MUST be submitted with your bid. (page 1 of 2)
Bidder Name:
Project Name: Discovery Place Renovation – Phase 2 - Floor Covering Project Number: 512-06-023
1. Below is a list of all SBEs that you intend to use on this contract
SBE Name Description of work / materials NIGP code VMS # Total Projected $
I acknowledge that I have inquired with each SBE listed above as to their Certification Status (i.e. - the SBE expiration date)
2. Below is a list of all non-SBEs that you intend to use on this contract
Firm Name Description of work / materials NIGP code VMS #
Total Subcontractor / Supplier Utilization (including SBEs and Non-SBEs) $ Total SBE Utilization $
Total Bid Amount (including Contingency) $ Percent SBE Utilization (Total SBE Utilization divided by Total Bid Amount) %
** If SBE Goal is not met, please provide an explanation here:
Signature of Authorized Official Printed Name Title Submittal Date
Small Business Opportunity Program
Revised June 1, 2007
Subcontractor / Supplier Utilization Commitment SBOP Form 3 This form must be submitted with your bid. (page 2 of 2)
All Subcontractors and Suppliers must be registered with the City of Charlotte. Pursuant to Appendix A, Section 8 of the SBO Policy, each subcontractor or supplier (non-SBE and SBE subcontractors) that you use on this contract must be registered in the City’s vendor registration database. You will need to provide the vendor registration number for each subcontractor and supplier used on this contract as a condition for receiving final payment on this Contract. What happens if you add 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, pursuant to Part D of the SBO Program, you must comply with the following:
• You must maintain the level of SBE participation proposed on this form throughout the duration of the Contract, except as specifically allowed in Part D, Section 2.2.
• If you need to add or replace an SBE, you must comply with Part D, Section 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 Part D, Section 6.
Subcontractor/Supplier Utilization Commitment Pursuant to Part B, Section 3.6, Rodgers Builders Inc. Solicitation Documents for each Construction Contract will include a form labeled “Subcontractor/Supplier Utilization Commitment” (“Form 3”), which captures information regarding the SBEs and other subcontractors and suppliers that the Bidder intends to use on the Contract. Failure to properly complete and submit Form 3 with the Bid constitutes grounds for rejection of the Bid. Pursuant to Part B, Section 3.7, within (3) Business Days after receiving a request from Rodgers Builders, Inc (or within such longer time as may be communicated by Rodgers Builders, Inc. in writing), Bidders must submit a separate Letter of Intent for each SBE listed on Form 3. Bidders may use the Letter of Intent that Rodgers Builders, Inc. provides with Rodgers Builders, Inc.’s Solicitation Documents or may use an alternative form if it contains the same information as Form 4. Regardless of the form, each Letter of Intent must be executed by both the SBE and the Bidder. Rodgers Builders, Inc. shall not count proposed SBE utilization for which it has not received a Letter of Intent within such time period, unless the SBE certifies to Rodgers Builders, Inc. that it originally agreed to participate in the Contract at the level reported by the Bidder, but subsequently declined to do so.
Signature Your signature on the preceding page indicates that the undersigned Company certifies and agrees that (a) it has complied with all provisions of the SBO Program and (b) failure to properly document such compliance in the manner and within the time periods established by the SBO Program shall constitute a forfeiture of the Company’s bid bond, and shall entitle Rodgers Builders, Inc. to recover under the bid bond and, (c) in the absence of a bid bond, such failure shall entitle Rodgers Builders, Inc. to recover damages for breach of contract.
Small Business Opportunity Program
Revised June 1, 2007
Letter of Intent SBOP Form 4
** Per Part B, Section 3.7, Bidders must submit a separate Letter of Intent for each SBE listed on Form 3 within (3) Business Days after receiving a request from Rodgers Builders, Inc. Bidders may use the Form 4 provided with Rodgers Builders, Inc.’s Solicitation Documents or an alternative form containing the same information as Form 4. Each LOI must be executed by both the SBE and the Bidder.
Pursuant to Part D, Section 5.3.1, Bidders shall also be required to provide a Form 4 for each SBE they add to a Contract subsequent to Contract award. Bidder Name:
Project Name: Discovery Place Renovation – Phase 2 - Floor Covering Project Number: 512-06-023
Bidders must submit a separate Letter of Intent for each SBE listed on Form 3 and this form must be signed by both the Bidder and SBE firm.
A. To be completed by the Bidder/Service Provider
Name of Bidder:
Address:
Contact Person:
Telephone: Fax:
I, the bidder, acknowledge a QuickPay Commitment or QuickPay Agreement has been extended to this SBE for the work identified below, and that I have submitted, either previously or with this Form, a copy of said Agreement. YES NO
B. To be completed by SBE at any tier Name of SBE:
Address:
Contact Person:
Telephone: Fax:
I, the SBE, certify that my SBE Certification Profile is active and up to date. Certification Expiration Date: / / .
C. Identify in complete details the scope of work to be performed or item(s) to be supplied by the SBE. On unit price bids, identify which bid line item the SBE’s scope of work or supply corresponds:
D. Cost of work to be performed by SBE: $
E. Cost of work to be performed by SBE as a percentage of total amount of City contract: %
Bidder certifies that it intends to utilize the SBE listed above, and that the description, cost and percentage of work to be performed by the SBE as described above is accurate. The SBE Firm certifies that it has agreed to provide such work/supplies for the amount stated above.
Bidder: Date: Signature and Title
SBE Firm: Date: Signature and Title
Small Business Opportunity Program
Revised June 1, 2007
Good Faith Efforts (GFE) and Statement of GFE Compliance SBO Form 5 If NOT meeting the goal, Bidder must submit this form within one business days after Rodgers Builders, Inc. requests it. (Page 1 of 3)
Bidder Name:
Project Name: Discovery Place Renovation – Phase 2 - Floor Covering Project Number: 512-06-023
Below is a list of Good Faith Efforts as defined in Part B: Section 5.3. To the left of each item is the number of points assigned to that item for this project. Please place an “X” in the first column for each item you are claiming credit. Failure to achieve the minimum number of Good Faith Efforts points stated in the blank below constitutes grounds for rejection of your bid.
Minimum Number of GFE Points Required: 170
15 Section 5.3.1: Notification of Subcontracting Opportunities. Providing to Rodgers Builders, Inc. not later than fourteen (14) calendar days prior to Bid Opening a list of the areas in which the Bidder intends to seek subcontractors and suppliers. The Bidder may report this information on Form 1 or on another document providing the same information as Form 1.
10
Section 5.3.2: SBE Contacts: To receive credit for this GFE, the Bidder must contact a minimum number of SBEs, as specified in Rodgers Builders, Inc. Solicitation Documents. Further, a Bidder must submit an SBE Solicitation Form (“Form 2”) within 3 Business Days after Rodgers Builders, Inc. requests it, unless a different time is specified in Rodgers Builders, Inc. Solicitation Documents.
A Bidder must make the required contacts not less than 7 Days before Bid Opening to receive credit. Refer to Part B, Section 5.3.2 of the SBO Policy for requirements of the Solicitation Method, Solicitation Content, and Solicitation Documentation.
10
Section 5.3.3: Making Plans Available. Making any project descriptions, construction plans, specifications or requirements applicable to the project available for review by Interested SBEs at least seven (7) calendar days before Bid Opening.
To satisfy this requirement, the Bidder must either: (a) provide SBEs with a hard copy of the Project Documents via an acceptable means of document delivery; OR (b) provide necessary physical access and adequate time for SBEs to fully review the Project documents at the Bidder’s place of business within the Charlotte MSA or, if the Bidder has no place of business within the Charlotte MSA, at an alternate location within the Charlotte MSA where the information can be reviewed at no cost to SBEs; AND (c) notify all SBEs contacted as part of the Bidder’s Section 5.3.2 SBE contacts of the locations (including the address) where plans, specifications, and other documents applicable to the Project, can be reviewed.
15 Section 5.3.4: Breaking Down Work. To receive credit for this GFE, the Bidder MUST: (a) notify SBEs as part of a Bidder’s Section 5.3.2 SBE Contacts that the Bidder is willing to divide or combine elements of work into economically feasible units on a case-by-case basis to facilitate SBE participation, and (b) negotiate in good faith with any SBEs that request such divisions.
10 Section 5.3.5: Attendance at Pre-Bid. To receive credit for this GFE, the Bidder must attend any pre-bid meetings scheduled by Rodgers Builders, Inc. for the Contract in question.
15
Section 5.3.6: Conducting a Pre-Bid for SBEs. To receive credit for this GFE, the Bidder MUST conduct a pre-bid meeting for SBEs at least three (3) Business days prior to Bid Opening. The pre-bid meeting must take place within Mecklenburg County, or, if the Bidder has no place of business within Mecklenburg County, at an alternate location within the Charlotte MSA. Not less than 48 hours before the pre-bid meeting, the Bidder must communicate the time and location of the meeting to the SBEs that the Bidder is required to contact to earn GFE points under Section 5.3.2.
40
Section 5.3.7: Training and Mentoring. A Bidder may receive credit for this GFE in one of two (2) ways: (a) Training: Providing training or mentoring to at least two (2) SBEs within 120 days before Bid Opening and the Bidder
must have the training or mentoring certified by the Program Manager.
(b) SBDP Mentor-Protégé Program. The Bidder may also receive credit for this GFE if the Bidder demonstrates that it is participating in the Small Business Development Mentor-Protégé program and that it is a mentor in good standing. The Program Manager shall have the discretion to deny credit for mentoring and training if the mentor is not in good standing.
Small Business Opportunity Program
Revised June 1, 2007
Good Faith Efforts (GFE) and Statement of GFE Compliance SBO Form 5 (Page 2 of 3)
Bidder Name:
Project Name: Discovery Place Renovation – Phase I - Floor Covering Project Number: 512-06-023
10
Section 5.3.8: Working with SBE Assistance Organizations. To receive credit for this GFE, the Bidder must document that they have performed one of the following within the (120) day period preceding the Bid Opening for an SBE Assistance Organization as defined in Appendix 1 of Part A:
(a) Provide location for SBE Assistance Organization Event: Providing a meeting location for the SBE Assistance Organization to host a regular meeting or special event at no cost or at a reduced rate.
(b) Provide training for SBE Assistance Organization members: Providing training or facilitating workshops aimed at increasing the capacity or skill level or the SBE Assistance Organization members, or participating in training or a workshop sponsored by the SBE Assistance Organization.
(c) Contracting with new SBE: Documenting that the SBE Assistance Organization helped to identify an SBE with whom the Bidder subsequently subcontracted work (whether on a City Construction Contract or other contract). Rodgers Builders, Inc. will not give the Bidder credit for this GFE if the Bidder contracts with an SBE that the Bidder has used on previous projects.
20
Section 5.3.9: Bonding or Insurance Assistance on Construction Contract. To receive credit for this GFE, the Bidder must assist an SBE in obtaining its own bond or insurance coverage for a City contract or another contract by (a) providing direct assistance, (b) showing that the SBE did not have access to the bond or insurance coverage before the Bidder’s assistance; and (c) providing the assistance within the 120 Days preceding the Bid Opening.
To document satisfaction of this GFE, the Bidder must submit: (a) the name of the SBE; (b) a description of the assistance the Bidder provided; (c) the date the Bidder provided the assistance; (d) the name of a contact person with the SBE who can verify that the Bidder provided the assistance; and (e) any additional information requested by Rodgers Builders, Inc.
20
Section 5.3.10: Covering Subcontractors Under Bidder’s Bond or Insurance on the Construction Contract Up for Award. To receive credit for this GFE, the Bidder must commit to cover one or more SBEs under the Bidder’s bond or insurance for work that the Bidder and Rodgers Builders, Inc. would typically require a bond, without requiring the SBEs to provide their own bond or insurance coverage. To document satisfaction of this GFE, the Bidder must (a) identify the SBE to which the Bidder made the commitment; and (b) document that such commitment was communicated to the SBE before the Bidder received the SBE’s bid. Bidders will not receive credit for bonding SBEs on work for which Rodgers Builders, Inc. does not typically require a bond, such as hauling.
20
Section 5.3.11: Entering Into Joint Venture with SBEs. To receive credit for this GFE, the Bidder must document the existence of a Joint Venture agreement between the Bidder and an SBE that increases opportunities for SBE business participation, whether on City Contracts or other contracts. To document satisfaction of this GFE, Bidders must document that they have entered into such an agreement within the 120 Days before the Bid Opening, and such documentation must include; (a) the name of the SBE; (b) a description of the Joint Venture; (c) evidence of the date the Bidder and the SBE entered into the agreement; and (d) the name of a contact person with the SBE who can verify the terms of the agreement.
25
Section 5.3.12: Facilitating Joint Ventures between SBEs. To receive credit for this GFE, the Bidder must within the 120 Days before the Bid Opening facilitate a Joint Venture agreement between SBEs that would not otherwise be able to participate in the Construction Contract. To document satisfaction of this GFE, the Bidder must: (a) comply with Section 3.4.4 (b) submit the names of the two SBEs for which the Bidder facilitated a Joint Venture; (c) provide a description of the steps the Bidder took to facilitate the Joint Venture; and (d) provide a statement from at least one of the SBEs indicating that it would not have been able to participate in the Construction Contract but for the Joint Venture. Additionally, the SBE Joint Venture must be listed on Form 3 as an SBE participating in the Construction Contract for which the Bidder is submitting a Bid.
25
Section 5.3.13: Financial Assistance. To receive credit for this GFE, the Bidder must provide one of the following types of assistance to an SBE during the preceding 90 Days before Bid Opening: (a) assistance in obtaining equipment, a loan, capital, lines of credit, (b) joint pay agreements or guaranties to secure loans, the purchase of supplies, or letters of credit, including waiving credit that is ordinarily required; or (c) assistance in obtaining the same unit pricing with the Bidder’s suppliers as the Bidder. Such assistance may be in connection with a City Construction Contract or any other contract.
To receive credit for this GFE, Bidders must document: (a) the name of the SBE; (b) the description of the assistance the Bidder provided; (c) the date the Bidder provided the assistance; and (d) the name of a contact person with the SBE who can verify that the Bidder provided the assistance was provided.
Small Business Opportunity Program
Revised June 1, 2007
Good Faith Efforts (GFE) and Statement of GFE Compliance SBO Form 5 (Page 3 of 3)
Bidder Name:
Project Name: Discovery Place Renovation – Phase I - Floor Covering Project Number: 512-06-023
20
Section 5.3.14: Quick Pay Agreements On The Construction Contract Up For Award. For purposes of this Section, the term “Quick Pay Commitment” means a commitment to pay all SBEs participating in the Construction Contract within 20 Days after the Contractor confirms that the SBE has properly performed and the SBE’s work has been properly completed.
To receive credit for this GFE, Bidders must either: (a) provide Rodgers Builders, Inc. with a copy of a policy containing the above-referenced Quick Pay Commitment that the Bidder has adopted for the project and document that the Bidder informed each SBE about the Quick Pay Commitment as part of the Bidder’s SBE contacts under Section 5.3.2; OR (b) provide a legally binding Quick Pay Commitment in the form of an Agreement with each SBE that will participate in the Construction Contract up for award. Including a statement in a Bid solicitation letter indicating that the Bidder will consider entering into quick pay agreements will not suffice.
0
Section 5.3.15: Attendance at City SBO Workshops or Networking Sessions. To receive credit for this GFE, the Bidder must attend a workshop, seminar or networking session held by Rodgers Builders, Inc. to (a) educate contractors or SBEs about the requirements of the SBO Program and how Bidders can comply with the Program; or (b) increase the capacity or skill level of SBEs; or (c) provide networking opportunities for SBEs. To receive credit for this GFE, Bidders must document that they attended such a workshop or seminar during the preceding 90-Days before Bid Opening. The KBU shall not give Bidders credit toward this GFE category for the Bidder’s attendance at a Pre-Bid conference.
15
Section 5.3.16: Follow-up Contacts. To receive credit for this GFE, the Bidder must follow-up with each SBE that the Bidder contacted under Section 5.3.2 that did not reply that it was unwilling to participate in the Construction Contract.
Additionally, the Bidder must: (a) make each follow-up contact subsequent to the initial contact and at least 48 hours before Bid Opening; (b) make each follow-up contact by telephone or in person and (c) provide documentation for each follow-up contact in accordance with Section 5.3.2.3. Rodgers Builders, Inc. may request additional documentation in accordance with Section 5.3.2.4, and may verify the contacts as Rodgers Builders, Inc. deems appropriate.
15 Section 5.3.17: Achieving 50% of SBE Participation Goal. To receive credit for this GFE, the Bidder’s Committed SBE Goal must be at least 50% of the SBE Goal established by Rodgers Builders, Inc. for the Contract.
20
Section 5.3.18: Additional SBE Outreach. To receive credit for this GFE, not less than 7 Days before the Bid Opening, a Bidder must contact 75% of the total number of SBEs Rodgers Builders, Inc. lists or identifies in Rodgers Builders, Inc. Solicitation Documents for the Contract being bid. For example, if Rodgers Builders, Inc. lists 80 SBEs in Rodgers Builders, Inc. Solicitation Documents and requires that Bidders contact a minimum of 20, a Bidder would have to contact 60 SBEs to meet to receive credit under this Section. To receive credit, the Bidder must comply with the solicitation requirements outlined in Section 5.3.2.1, Section 5.3.2.2 and Section 5.3.2.3 (a) through (f).
25
Section 5.3.19: SBE Participation On Non-City Contracts. To receive credit for this GFE, the Bidder must document that during the 120-Day period before Bid Opening, the Bidder used SBEs on non-City contracts where the SBE subcontract value equaled or exceeded the amount the Bidder would have to pay SBEs to meet the SBE Goal for the Construction Contract at issue. To receive credit for this item, Bidders must document for each non-City SBE subcontract: (a) the name of the project and the parties to the contract; (b) the name of the SBEs the Bidder paid on the project; (c) the amount the Bidder paid to each SBE; and (d) any additional documentation requested by the Program Manager for verification purposes.
25
Section 5.3.20: Working With a New SBE. To receive credit for this GFE, the Bidder must document that during the 120-Day period before Bid Opening, the Bidder hired an SBE that it had not previously contracted with to perform at least $10,000 of work, whether on a City contract or other contract. To receive credit for this item, Bidders must document: (a) the name of the project on which the Bidder hired the new SBE; (b) the name of the new SBE the Bidder hired; (c) the amount the Bidder paid or the estimated amount the Bidder will pay to the new SBE; and (d) any additional documentation requested by the Program Manager for verification purposes.
375 Total Available GFE Points 170 Total GFE Points Attained
Per Part B, Section 5 of the SBO Program, if a Bidder has not fully met the SBE Goal, then it must document it has met the GFE requirements by completing this Form. Bidder must submit Form 5 within one business days after Rodgers Builders, Inc. requests it as modified for Discovery Place Renovations Only. Failure to do so constitutes grounds for rejection of the Bid.
Small Business Opportunity Program
Revised June 1, 2007
Payment Affidavit - Subcontractor / Supplier Utilization SBO Form 6 To be submitted with each request for payment from Rodgers Builders Inc. Copy this form as needed.
Invoice Amount: Payment or Invoice #:
Project Name: Discovery Place Renovation – Phase 2 - Floor Covering Contract Number:
Payment Period: From To KBU: (Department) Section 1: Payments to SUBCONTRACTORS Complete the chart below for all subcontractors used on the Project/Contract regardless of dollar amount. All subcontractors must be registered in the City’s Vendor Registration System.
Subcontractor’s Name Description of Work Performed NIGP Code City VMS
Number Payment
this Pay Period Cumulative Payments
Section 2: Payments to SUPPLIERS All suppliers providing goods under City contracts must be listed on the Sales Tax Statement submitted with each pay request. Rodgers Builders, Inc. may request on a case-by-case basis that the Contractor require certain suppliers to be registered in the City’s Vendor Registration System and may withhold payment of any amounts due the Contractor in the event the Contractor fails to comply with such request.
The undersigned Company certifies the preceding chart is a true and accurate statement of all payments that have been or will be made to subcontractors and suppliers on this Project/Contract. If no subcontractors or suppliers are listed on the preceding chart, the Company certifies that no subcontractors or suppliers were used in performing the Project/Contract for the payment period indicated. Failure to provide accurate and truthful information is a violation of the Small Business Opportunity Program and is subject to the sanctions prescribed therein.
This day of 200
Name of Company VMS #
Signature Print Name and Title
I. SPECIFICATION SECTIONS:
A. Applicable in total to the work of this Bid Package:
Division 00 - Procurement and Contracting Requirements (entire Section)
Division 01 - General Requirements (entire Section)
Section 079200 - Joint Sealants
Section 099100 - Painting (Professional Line Products)
Section 099600 - High-Performance Coating
B. Applicable only as required by the work of this Bid Package:
Section 064023 - Interior Architectural Woodwork
Section 081113 - Hollow Metal Doors and Frames
Section 092900 - Gypsum Board
Section 095113 - Acoustical Panel Ceilings
Section 210500 - Common Work Results for Fire Protection
Section 211313 - Fire -Suppression Piping
Section 220553 - Identification for Plumbing Piping and Equipment
Section 230500 - Common Work Results for HVAC
Section 230553 - Identification for HVAC Piping and Equipment
Section 260500 - Common Work Results for Electrical
Section 260553 - Identification for Electrical Systems
II.
General Considerations
GC1.0
GC2.0
WORK DESCRIPTION: Furnish all labor, materials, supervision, equipment, insurance,
overhead and profit, necessary or incidental, as required to complete the scope of work
identified in the construction drawings and applicable specification sections referenced
above. Performance of the work must include, but is not necessarily limited to the following:
Include all seismic provisions as required by specifications and all applicable
building codes.
All Owner stock material is to be stored as a part of this Bid Package until requested
at closeout. All material to be turned over to the Owner as Owner Stock is to be held
until requested by Rodgers Builders, Inc. or the Owner. No stock material is to be
stored in the building during construction.
Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
SPECIFIC SUMMARY OF WORK
Bid Package No. 09F - Painting & Wall Covering
April 17, 2009
DIVISION OF WORK: Bid Package No. 09F - Trade Subcontractor is exclusively responsible for
work described in the following:
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Interior Renovations Phase 2 Formal Packages
SPECIFIC SUMMARY OF WORK
Bid Package No. 09F - Painting & Wall Covering
April 17, 2009
GC3.0
A. Drywall Assemblies - Not Used
B. Stucco/EIFS Applications - Not Used
C. Acoustical Assemblies - Not Used
D. Hard Tile - Not Used
E. GSA Floor Coverings – Resilient, Carpeting and Hard tile - Not Used
F. Painting & Wall Covering
F1.0
F2.0
F3.0
F4.0
F5.0
F6.0
F7.0
F8.0
F9.0
Include caulking of hollow metal frames, interior side of the exterior window, elevator
frames, and access doors.
Touch up prime paint as necessary on all structural and miscellaneous steel that is
to be finish painted. This includes removal of scale and minor construction dust and
dirt.
Refer to Project Manual Division 5 Specification Sections for information on shop
priming, etc. of fabricated items to be jobsite finished.
Fill all nail and screw holes in millwork to be finished.
This Bid Package includes all interior and exterior painting, coatings, and wall
coverings.
All stenciling of walls as required, except for fire rated walls and partitions.
Include all painting of piping, duct, and conduit in exposed ceilings as specified. This
Bid Package includes all field-applied painting, including that specified in Divisions
15 and 16.
Include exterior painting of all exposed metals, including lintels.
The ceiling grid may be installed prior to prime painting in areas as directed by the
Rodgers Builders, Inc. The Painting Subcontractor must make previsions to
accommodate this into performance of their work.
The project goal for the Discovery Place Renovation Project is seven percent (7%).
In accordance with the City of Charlotte’s Small Business Opportunity Program, the
established goal for this Bid Package is fifteen percent (15%). Please refer to the
SBO program policy included herein. For further questions, please contact the SBO
Program Manager for the Discovery Place Renovation Project - Lil Associates II,
Inc., Jasmine Hines, 704-372-3331 or [email protected].
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Interior Renovations Phase 2 Formal Packages
SPECIFIC SUMMARY OF WORK
Bid Package No. 09F - Painting & Wall Covering
April 17, 2009
F10.0
F11.0
F12.0
F13.0
F14.0
F15.0
F16.0
F17.0
F18.0
F19.0
F20.0
F21.0
F22.0
F23.0
F24.0
This Bid Package includes surface preparation and sizing as required for all wall
coverings, if wall coverings are required.
Subcontractor to assume a minimum of one (1) prime coat and two (2) finish coats
unless otherwise indicated in the drawings and specifications.
This Trade Bid Package also includes Staining and sealing for all non-factory
finished wood products.
This Trade Bid Package includes Cleaning and sealing all concrete as indicated in
the finish schedule.
This Trade Bid Package is responsible for painting all walls of any room where one
wall of the space is indicated to be painted.
This Trade Bid Package includes paint removal as shown in the drawings and
specifications.
This Trade Bid Package includes all high performance coatings and epoxy paints as
indicated in the drawings and specifications. All prep work associated with these
coatings is also to be included in this Bid Package.
This Trade Bid Package includes Painting all exposed structure.
Back paint all wood in contact with concrete, masonry, or other moisture area.
Paint surfaces above, behind, or below grills, gratings, diffusers, louvers, lighting
fixtures, etc. which are exposed to view through these items.
Paint any surface not specifically mentioned to be painted herein, on the drawings,
or in the specifications but for which painting is typically necessary for a complete
job.
This Bid Package to protect all adjacent surfaces prior to installation. Protection is to
be removed following each successive coat if other trades are required to work in
the area.
This Bid Package includes the painting in separate coats as required by the
manufacturer and specifications, in a sequence as dictated by Rodgers Builders,
Inc.
This Bid Package includes reasonable accommodation for repriming after Masonry
and Drywall Subcontractors point-up and patch walls.
This Bid Package includes verification that lighting, environmental conditions, and
substrate are acceptable prior to installing painting or wall covering.
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Interior Renovations Phase 2 Formal Packages
SPECIFIC SUMMARY OF WORK
Bid Package No. 09F - Painting & Wall Covering
April 17, 2009
F25.0
F26.0
F27.0
F28.0
ALL-01
This Bid Package is responsible for multiple mobilizations and phased touch-up of
all painting.
This Trade Bid Package includes all marine grade coatings as indicated in the
drawings and specifications. All prep work associated with these coatings is also to
be included in this Bid Package.
This Trade Bid Package includes staining and/or painting of all wood trim.
This Bid Package is responsible for painting of all unistrut grid.
BID PACKAGE SPECIFIC ALLOWANCES
The following Allowance(s) is/are to be included in the Base Bid of this Bid Package.
Provide an Allowance of ten thousand dollars ($10,000) for labor and Material for
additional touch-up beyond what is required for painting for a typical project of this
magnitude. Include this value in the Base bid.
ALL ALTERNATES, UNIT PRICES AND EQUIPMENT RATES MUST INCLUDE
SUBCONTRACTOR’S OVERHEAD, PROFIT AND BOND COSTS.
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Interior Renovations Phase 2 Formal Packages
SPECIFIC SUMMARY OF WORK
Bid Package No. 09F - Painting & Wall Covering
April 17, 2009
1.
1.1
1.2
1.3
1.4
1.5
1.6
1.7
2.
2.1
2.2
2.3
2.4
2.5
2.6
Unit Amounts
Staging & Logistics
Item Description Quantity
Layout
ls1
Paint Doors, Ceilings & Trim 1
Paint Interior GWB Walls
ls
Epoxy Paint Walls & Ceilings
Paint Interior GWB Ceilings & Soffits
Paint Wood Trim
Protection of surfaces
Mobilizations(s)
Engineering / Design Services
Paint CMU
Misc. Staging & Logistics Items
Prep all surfaces to receive paint stains or
coatings.
Item #
Each Bid Package is required to provide a price breakdown of their lump sum bid, at bid time. The price
breakdown is for information and evaluation purposes only. The BID AMOUNT quoted shall be the full
compensation for each Bid Package as defined by the Scope of Work. Bid Amounts shall be broken
down as identified below.
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Interior Renovations Phase 2 Formal Packages
SPECIFIC SUMMARY OF WORK
Bid Package No. 09F - Painting & Wall Covering
April 17, 2009
3.
3.1
3.2
3.3
3.4
4.
4.1
4.2
4.3
4.4
4.5
4.6
5.
5.1
5.2
Misc. Interior Painting 1 ls
Paint Exposed Structure
Paint Stairs & Railings
Field Finish Wood Doors
Paint Hollow Metal Doors
Finish Doors & Frames
Paint Hollow Metal Frames
1 ls
Provide an Allowance of ten thousand dollars
($10,000) for labor and Material for additional
touch-up beyond what is required for painting for
a typical project of this magnitude. Include this
value in the Base bid.
Paint Inside of Wood Windows
Paint Lintels
Paint Inside of Wood Doors/Frames
Allowances
$10,000
Rodgers Builders…Our Passion is Building.®
BPM DP Formal Phase 2 2009 04 171
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Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
SPECIFIC SUMMARY OF WORK
Bid Package No. 09F - Painting & Wall Covering
April 17, 2009
Provide the Anticipated Lead-Time for:
Has a Bid Bond been Included as Indicated by the Contract Documents p Yes p No
Professional Liability Insurance ($2,000,000.00) will be Provided p Yes
Provide the Anticipated Lead-Time for:
After Receipt of Approved Shop Drawings / Samples weeks
LEAD TIMES:
weeks
LEAD TIMES:
weeks
LEAD TIMES:
Provide the Anticipated Lead-Time for:
After Receipt of Approved Shop Drawings / Samples
p No
MISCELLANEOUS CONSIDERATIONS:
4 Out of Town Living Expenses for Labor Crews (IF APPLICABLE)
AmountsBID SUMMARY:
After Receipt of Approved Shop Drawings / Samples
3 Bond Amount as Required by Contract Documents
T O T A L P R I C E (Lines 1 + 2 + 3 + 4)
ENTER COMPANY NAME HERE:
2 Sales Tax on Materials Incorporated into the Site & Buildings
1 Subtotal
Rodgers Builders…Our Passion is Building.®
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SBO PROVISIONS AND FORMS
Revised June 1, 2007
FOR
Discovery Place Renovations
Phase 2 – Paint and Wallcovering _____________________________________________________________________
Revised June 1, 2007 (E&PM)
1. APPLICATION: The City of Charlotte’s Small Business Opportunity Program (SBO Program) is incorporated into and made a part of this solicitation and the resulting contract (the “Contract”). Copies of the SBO Program may be obtained on-line at http://smallbiz.charmeck.org or from the SBO Office, 600 E. Fourth Street, Charlotte, North Carolina 28202-2850, Phone 704-336-2473. Capitalized terms used in this document are defined in the SBO Program. 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 Rodgers Builders, Inc. The SBO Program requires that you (a) meet the SBE Utilization Goal listed in Section 2 below; or (b) comply with the Good Faith Efforts requirements referenced in Section 3 below. Failure to comply with the SBO Program in the bid/proposal phase will constitute grounds for rejection of your bid. Failure to comply after contract award may result in assessment of damages or termination of your contract.
2. THE SBE UTILIZATION GOAL FOR THIS CONTRACT HAS BEEN SET AT: 15 % Each Bidder must submit the proposed SBE utilization on the Form 3 listing subcontractors and suppliers that will be providing goods or services and projected dollar amount for each SBE. Bidders must also indicate the total dollar value of SBE participation for the contract. In the event the bidder has no SBE participation, the Bidder is still required to indicate this on Form 3 by entering the word or number zero. Blank forms will be deemed to represent zero participation. Bids submitted which do not have the above required SBE information indicated on Form 3 may cause the bid to be considered non-responsive and it may be rejected. Form 3 must be submitted with your bid. Rodgers Builders, Inc. will only give Bidders credit toward the SBE Goal for those SBES that are certified SBEs as of the Bid Opening and that meet Part B Section 3 of the SBO Program. Please note that to count an SBE toward your SBE Utilization Goal; you will need to have that SBE sign a Letter of Intent on Form 4 (or an equivalent form containing the same information). Rodgers Builders, Inc. will request your Letters of Intent if you are a finalist for contract award, and you must submit a separate Form 4 for each SBE identified on the Form 3 within 3 Business Days after Rodgers Builders, Inc. requests it.
3. GOOD FAITH EFFORTS: IF YOU DO NOT MEET THE SBE UTILIZATION GOAL, then you
must meet the Good Faith Efforts requirements set forth in Part B Section 5 of the SBO Program. These are summarized below. Failure to do so will constitute grounds for rejection of your bid.
Documenting Good Faith Efforts. To demonstrate Good Faith Efforts compliance, you must complete and submit Form 5 Good Faith Efforts (GFE) / Statement of GFE Compliance. Form 5 states the minimum required Good Faith Efforts points for this Contract, and lists the number of points attainable for each type of Good Faith Effort. Rodgers Builders, Inc. will request your Good Faith Efforts (GFE) / Statement of GFE Compliance if you are a finalist for contract award, and you must submit Form 5 within 1 Business Days after the Rodgers Builders, Inc. requests it. It is important that you carefully review Part B Section 5 of the SBO Program as soon as possible so as to put yourself in a position to provide the documentation. Please note that the due date for Form 5 has been specifically modified and approved by the Department of Economic Development for the Discovery Place Renovation project in order to facilitate meeting the schedule requirements of the project. 3.1 SBE Contacts:
In order to receive credit for this Good Faith Effort at least 7 Calendar Days prior to Bid Opening, you must contact at least 2 SBE firms (the “Minimum Contacts”) listed in the SBE Source List provided with Rodgers Builders, Inc.’s bid or proposal packet or that can be found on the Small Business Development Program website located at http://epmcontracts.charmeck.org. Please refer to Part B Section 5.3.2 of the SBO Program regarding how these Minimum Contacts must be made and documented. Minimum Contacts must be recorded on Form 2, which is submitted along with Form 5. Please note that you must make the Minimum Contacts at least 7 Calendar Days before Bid Opening. It is important that you carefully review Part B Section 5.3.2 of the SBO Program as soon as possible so as to put yourself in a position to provide Form 2 and any other documentation as requested by Rodgers Builders, Inc.
Good Faith Negotiation. You must negotiate in good faith with all interested SBE firms. Part B Section 4.4 of the SBO Program defines what negotiating in “good faith” means. Among other things, it means that if an SBE is low bid on a contract for construction or for the procurement of goods, then you must contract with that SBE
Revised June 1, 2007 (E&PM)
unless it is not “Qualified” within the meaning of the SBO Program. To demonstrate Good Faith Negotiation Compliance you must submit good faith documentation as requested by Rodgers Builders, Inc. to support your efforts for each subcontracting opportunity identified by Rodgers Builders, Inc. for which the low bid by an SBE is not accepted. You must provide such forms and information within 1 Business Days after Rodgers Builders, Inc. requests it. Failure to comply with the requirements set forth in this section shall constitute grounds for rejecting a bid.
Self-Performance. Bidders that do not meet the SBE Utilization Goal and desire to self perform all of the Contract must nevertheless demonstrate that they complied with the Good Faith Efforts requirements as provided in Part B Section 5.6 of the SBO Program. Failure to do so shall constitute grounds for rejection of your bid. Bidders that intend to self perform may be required to submit additional documentation to Rodgers Builders, Inc. at least 14 calendar days prior to the Bid Opening to obtain clearance for self performance.
Plans and Specifications. Plans and Specifications may be viewed at Rodgers Builders, Inc., Center City office located at 400 West Trade Street, Charlotte, NC 28202. Other locations:
Richa Graphics 204 N. Tryon St.
Charlotte, NC 28202 704-333-9744
Carolinas AGC (CAGC) 1100 Euclid Ave
Charlotte NC 28203 704-372-1450
Metrolina Contractors Resource Center
3124 W. Trade Street, Suite A, 704-332-5746
Hispanic Contractors Association of Carolinas 2923 E Independence Blvd
Charlotte NC 28205 877-227-1680
4. MANDATORY SUBCONTRACTING REQUIREMENTS
Per Part B Section 2.5 of the SBO Program, City Council has the authority to establish mandatory, subcontracting requirements for certain contracts. The blank checked below indicates whether such requirements have been established for this Contract:
City Council has established a mandatory subcontracting requirement of percent ( %) for this Contract.
City Council has not established a mandatory subcontracting requirement for this Contract. 5. SBO PROGRAM PROVISIONS APPLICABLE AFTER CONTRACT AWARD
If you are awarded a Contract with Rodgers Builders, Inc., note in particular the following Sections of the SBO Program that relate to post award requirements and activity:
a. Compliance with committed SBE utilization level throughout the Contract per Part D Section 2 of the
SBO Program. b. Terminating or Replacing an SBE on a contract per Part D Section 5 of the SBO Program. c. New Subcontractor Opportunities/Additions to Scope, Contract Amendments per Part D Section 6 of the
SBO Program. d. Payments to SBEs per Part D Section 7 of the SBO Program. e. Utilization Reports and Documentation of Payments per Part D Section 8 of the SBO Program.
6. SBO CONTRACT PROVISIONS
The following provisions are incorporated into any contract that may result from this solicitation. Small Business Opportunity Program. Rodgers Builders, Inc. has adopted a Small Business Opportunity Program, which is posted on the City’s website and available in hard copy form upon request to Rodgers Builders, Inc.. The parties agree that:
(i) The terms of the City’s Small Business Program, as revised from time to time, together with all rules and
guidelines established under such program (collectively, the “SBO Program”) is incorporated into this Agreement by reference; and
(ii) A violation of the SBO Program shall constitute a material breach of this Agreement, and shall entitle Rodgers Builders, Inc. to exercise any of the remedies set forth in Part D of the SBO Program, including but not limited to liquidated damages; and
Revised June 1, 2007 (E&PM)
(iii) Without limiting any of the other remedies Rodgers Builders, Inc. has under the SBO Program, Rodgers Builders, Inc. shall be entitled to withhold periodic payments and final payment due to the Contractor under this Agreement until Rodgers Builders, Inc. has received in a form satisfactory to Rodgers Builders, Inc. all claim releases and other documentation required by the City’s SBO Program, and 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 G.S. 143-134.1; and
(iv) The remedies set forth in Part D Section 13 of the SBO Program shall be deemed cumulative and not exclusive and may be exercised successively or concurrently, in addition to any other available remedy; and
(v) Rodgers Builders, Inc. will incur costs if the Contractor violates the SBO Program, and such costs are difficult to ascertain due to their indefiniteness and uncertainty. Accordingly, the Contractor agrees to pay Rodgers Builders, Inc. liquidated damages at the rates set forth in Part D of the SBO Program.
(vi) The Contractor agrees to participate in any dispute resolution process specified by Rodgers Builders, Inc. from time to time for the resolution of disputes arising from the SBO Program.
(vii) Nothing in this Section shall be construed to relieve a Contractor from any obligation it may have under N.C. Gen. Stat. 143-134.1 regarding the payment of subcontractors.
Remedies for Violation of SBO Program. A violation of the SBO Program by a Contractor shall constitute a material breach of the Contract, and shall entitle Rodgers Builders, Inc. or private owner to:
(i) Exercise all rights and remedies that it may have at law or at equity for violation of the SBO Program;
Terminate the Contract for default; (ii) Suspend the Contract for default; (iii) Withhold all payments due to the Contractor under the Contract until such violation has been fully cured
or Rodgers Builders, Inc. and the Contractor have reached a mutually agreeable resolution; (iv) Assess liquidated damages as provided in the following Part D Section 13.2; and/or (v) Offset any liquidated damages and/or any amounts necessary to cure any violation of the SBO Program
from any retainage being held by Rodgers Builders, Inc. on the Contract, or from any other amounts due to the Contractor under the Contract.
The remedies set forth herein shall be deemed cumulative and not exclusive, and may be exercised successively or concurrently, in addition to any other available remedy.
Liquidated Damages. Rodgers Builders, Inc. and the Contractor acknowledge and agree that Rodgers Builders, Inc. will incur costs if the Contractor violates the SBO Program in one or more of the ways set forth below. The parties further acknowledge and agree that Rodgers Builders, Inc. will incur damages as a result of such failure, but that the costs Rodgers Builders, Inc. might reasonably be anticipated to accrue as a result of such failures are difficult to ascertain due to their indefiniteness and uncertainty. Accordingly, the Contractor agrees to pay Rodgers Builders, Inc. liquidated at the rates set forth below for each specified violation of the SBO Program. The Contractor further agrees that for each specified violation the agreed upon liquidated damages are reasonably proximate to the loss Rodgers Builders, Inc. will incur as a result of such violation:
(i) Failure to meet the SBE Goal. If Rodgers Builders, Inc. determines upon completion or termination of
a Contract that the Contractor did not meet the Committed SBE Goal and that such failure is not otherwise excused under Part D Section 2, Rodgers Builders, Inc. may assess the lesser of : (a) $30,000 or (b) the dollar difference between the Committed SBE Goal and the Contractor’s actual SBE utilization;
(ii) Using SBE as a Conduit. If the Contractor lists an SBE to receive credit toward a Committed SBE Goal with knowledge that the SBE will be acting as a Conduit or will not be performing a Commercially Useful Function reasonably commensurate with the payment amount for which the Contractor will be seeking credit, Rodgers Builders, Inc. may assess the lesser of: (a) $20,000 or (b) the dollar amount the Contractor indicated that it would pay such SBE in the SBEs contract (or if no contract has been signed, the SBE’s Letter of Intent);
(iii) Wrongful Termination or Replacement of SBE Services. If the Contractor terminates or replaces an SBE in violation of the SBO Program, Rodgers Builders, Inc. may assess the lesser of: (a) $20,000 or (b) the dollar amount of the work remaining to be performed by the terminated SBE at the time it was
Revised June 1, 2007 (E&PM)
terminated (or if the SBE was not terminated because it was never retained, then, the dollar amount that the Contractor indicated it would pay the SBE in the SBE’s letter of intent) or ;
(iv) Failure to Comply with SBO Program Upon Termination or Withdrawal by SBE. If the Contractor fails to comply with Part D Section 5 of the SBO Program upon the termination or withdrawal of an SBE the City may assess the lesser of: (a) $20,000 or (b) the dollar amount of the work remaining to be performed by the SBE that withdrew or was terminated at the time of the termination or withdrawal;
(v) Failure to Comply with SBO Program to Add New Subcontractors. If the Contractor fails to comply with Part D of the SBO Program in adding new subcontractors to a Contract, or in the event of a Contract amendment or increase in the scope of work on a contract, Rodgers Builders, Inc. may assess the lesser of: (a) $20,000; or (b) the dollar amount of the new or additional work;
(vi) False Statements and Misrepresentations. If the Contractor makes a false statement or material misrepresentation regarding any matter relevant to the SBO Program (including but not limited to information provided regarding payments made to SBEs), Rodgers Builders, Inc. may assess the lesser of: (a) $25,000; or (b) the dollar difference between what the Contractor represented and the truth;
(vii) Failure to Respond to Request for Information. If the Contractor fails to provide any report, documentation, affidavit, certification or written submission required under the SBO Program within the time period ser forth therein, Rodgers Builders, Inc. may assess $25 per day for each day that such report, documentation or written submission is overdue.
7. SBO FORMS
Bidders shall submit the following forms with Bid document or at a time specified:
Submission Requirements Form No. Notification of Subcontractor / Purchasing Opportunities. Identifies all the subcontracting or supplier opportunities available on the Contract.
Submission is optional. If submitted, it must be received by Rodgers Builders, Inc. fourteen (14) Calendar Days before the Bid Opening date.
Form 1
SBE Solicitation. Identifies all SBEs the Bidder contacted or those that contacted the Bidder and the scope of work for which they were contacted. Includes date and method of contact for SBE firms. Good Faith Negotiation is documented on this form.
Rodgers Builders, Inc. will request this form from finalists for contract award. Must submit within three (3) Business Days after requested by Rodgers Builders, Inc.
Form 2
Subcontractor / Supplier Utilization Commitment. Identifies all subcontractors, suppliers, manufacturers, brokers and/or members of a joint venture to be utilized on the contract and dollar amounts committed to SBEs. Bidders must include all subcontractors known at the time the Bid or proposal is submitted.
Due with bid.
Form 3
Letter of Intent. Bidders must submit a separate Letter of Intent executed by each SBE listed on Form 3 that the Bidder will use on the Contract.
Rodgers Builders, Inc. will request this form from finalists for contract award. Must submit within three (3) Business Days after requested by Rodgers Builders, Inc.
Form 4 or alternative as permitted by the City
Good Faith Efforts (GFE) / Statement of GFE Compliance. States the minimum GFE points required for this solicitation and the number of points attributable to each GFE item. Bidder must check each GFE item for which it earned points, as described in Part C Section 5.3 of the SBO Program.
Rodgers Builders, Inc. will request this form from finalists for contract award. Must submit within one (1) Business Days after requested by Rodgers Builders, Inc.
Form 5
Revised June 1, 2007 (E&PM)
Payment Affidavit. Contractor shall provide with each pay request to Rodgers Builders, Inc. a payment affidavit showings payments made to all subcontractors, suppliers, manufacturers, brokers, and / or members of a joint venture in connection with the contract.
Due with each pay request. Form 6 or alternative proof as permitted by the City
All SBO Forms are also available on-line at http://epmcontracts.charmeck.org. Forms must be received by fax, e-mail or US Mail.
8. Please find below a list of activities that Rodgers Builders, Inc. has identified as potential Small Business
Enterprise (SBE) subcontracting opportunities. This is a potential listing not all inclusive. Bidder may identify additional or different opportunities.
NIGP Code Description
14545 Paint and Varnish 63000 Paint, Protective Coatings, Varnish, Wallpaper and related 63500 Painting Equipment and Accessories 91461 Painting and Wallpapering 96269 Temporary Labor
A list of SBE vendors can be accessed at the following Website: http://smallbiz.charmeck.org A SBE vendor source list is also included herein.
PAINT AND WALLCOVERING SBE LIST
by NIGP Code
14545 - Paint and Varnish An Eimaj Painting Company VMS #: SM16702 Physical 6111 Big Horn CI Contact: Jamie Young Address: Charlotte NC 28214 Phone: (980) 253-4013 Fax: (704) 398-2968 Mailing E-Mail: [email protected] Address: Website: www.aneimajco.com Certification Dates: SBE-Sep 7 2007 - Sep 7 2010 , MWBE-Sep 7 2007 - Sep 7 2010
TBM Construction & Industrial Supply, Inc. VMS #: S9723 Physical 444 Crompton ST Contact: Lisa Mahoney Address: Charlotte NC 28273 Phone: (704) 583-0373 Fax: (704) 583-2989 Mailing E-Mail: [email protected] Address: Charlotte NC 28224 Website: www.tbmsupply.com Certification Dates: SBE-Sep 16 2005 - Sep 16 2008
63000 - PAINT, PROTECTIVE COATINGS, VARNISH, WALLPAPER, AND RELATED Building Bethel Construction Company VMS #: SM16800 Physical 1915 Mineral Springs RD Contact: Christopher Cookhorne Address: Charlotte NC 28262 Phone: (704) 607-5540 Fax: Mailing E-Mail: [email protected] Address: Website: Certification Dates: SBE-Oct 2 2007 - Oct 2 2010 , MWBE-Oct 2 2007 - Oct 2 2010
Corporate Painting, Inc. VMS #: SM8753 Physical 424 Blairhill RD Contact: Anita Orbison Address: Charlotte NC 28217 Phone: (704) 521-6083 Fax: (704) 521-8959 Mailing 424 Blairhill RD E-Mail: [email protected] Address: Charlotte NC 28217 Website: Certification Dates: SBE-Apr 26 2006 - Apr 26 2009 , MWBE-Apr 26 2006 - Apr 26 2009
63500 - PAINTING EQUIPMENT AND ACCESSORIES Allison's Painting Service VMS #: SM14028 Physical 298 Esther CR Contact: Thomas Allison Address: Kannapolis NC 28083 Phone: (704) 933-2324 Fax: (704) 933-2323 Mailing E-Mail: [email protected] Address: Website: Certification Dates: SBE-Sep 19 2005 - Sep 19 2008 , MWBE-Sep 19 2005 - Sep 19 2008
91461 - Painting and Wallpapering A & J Masonry, Inc. VMS #: SM8556 Physical 9145 Brightleaf PL Contact: James Vanderhall Address: Charlotte NC 28269 Phone: (704) 536-2603 Fax: (704) 597-5451 Mailing E-Mail: [email protected] Address: Website: www.ajmasonry.com Certification Dates: SBE-Mar 26 2007 - Mar 26 2010 , MWBE-Mar 29 2007 - Mar 29 2010
Page 1 of 6 Discovery Place Renovations - Phase 2 - Paint and Wallcovering
91461 - Painting and Wallpapering A Second Coat (DBA Tim McDonnell) VMS #: S16667 Physical 1329 Courtland RD E Contact: Tim McDonnell Address: Charlotte NC 28209 Phone: (704) 451-8656 Fax: Mailing E-Mail: [email protected] Address: Website: Certification Dates: SBE-Aug 15 2007 - Aug 15 2010
Affordable Painting VMS #: SM16867 Physical 7340-D Pebblestone DR Contact: Victor Veliz Address: Charlotte NC 28212 Phone: (704) 461-1877 Fax: (704) 631-9931 Mailing E-Mail: [email protected] Address: Website: affordable-Painting1.com Certification Dates: MWBE-Oct 8 2007 - Oct 8 2010 , SBE-Oct 8 2007 - Oct 8 2010
Alazhar Construction Group, Inc. VMS #: SM15121 Physical 720 E 36th ST Contact: Mark A Wright Address: Charlotte NC 28205 Phone: (704) 299-3312 Fax: (704) 510-9504 Mailing E-Mail: [email protected] Address: Website: Certification Dates: SBE-Apr 25 2006 - Apr 25 2009 , MWBE-Apr 25 2006 - Apr 25 2009
All American Landscaping Management VMS #: SM15919 Physical 4115 Rosefield CT Contact: Rafael Lopez Address: Charlotte NC 28215 Phone: (704) 499-8404 Fax: (704) 499-8404 Mailing E-Mail: [email protected] Address: Website: Certification Dates: MWBE-Mar 8 2007 - Mar 8 2010 , SBE-Mar 8 2007 - Mar 8 2010
All State Painting & Construction VMS #: SM14232 Physical 3210 Old House CI Contact: Erica Green Address: Matthews NC 28105 Phone: (704) 567-7998 Fax: (704) 567-7998 Mailing E-Mail: [email protected] Address: Website: Certification Dates: MWBE-Oct 14 2005 - Oct 14 2008 , SBE-Oct 14 2005 - Oct 14 2008
Allison's Painting Service VMS #: SM14028 Physical 298 Esther CR Contact: Thomas Allison Address: Kannapolis NC 28083 Phone: (704) 933-2324 Fax: (704) 933-2323 Mailing E-Mail: [email protected] Address: Website: Certification Dates: SBE-Sep 19 2005 - Sep 19 2008 , MWBE-Sep 19 2005 - Sep 19 2008
Page 2 of 6 Discovery Place Renovations - Phase 2 - Paint and Wallcovering
91461 - Painting and Wallpapering An Eimaj Painting Company VMS #: SM16702 Physical 6111 Big Horn CI Contact: Jamie Young Address: Charlotte NC 28214 Phone: (980) 253-4013 Fax: (704) 398-2968 Mailing E-Mail: [email protected] Address: Website: www.aneimajco.com Certification Dates: SBE-Sep 7 2007 - Sep 7 2010 , MWBE-Sep 7 2007 - Sep 7 2010
Carolina Fire Dogs, LLC VMS #: SM15527 Physical 14301 Ruddy CT Contact: Chris E. Salley Address: Charlotte NC 28273 Phone: (704) 654-7271 Fax: (480) 275-3717 Mailing E-Mail: [email protected] Address: Website: www.carolinafiredogs.com Certification Dates: SBE-Oct 4 2006 - Oct 4 2009 , MWBE-Oct 4 2006 - Oct 4 2009
Chartia Construction Company, Inc. VMS #: SM15175 Physical 2821 Liatris LN Contact: Troy Walker Address: Charlotte NC 28213 Phone: (704) 509-5542 Fax: (704) 509-5542 Mailing E-Mail: [email protected] Address: Website: Certification Dates: SBE-Feb 23 2007 - Feb 23 2010 , MWBE-Feb 23 2007 - Feb 23 2010
Corporate Painting, Inc. VMS #: SM8753 Physical 424 Blairhill RD Contact: Anita Orbison Address: Charlotte NC 28217 Phone: (704) 521-6083 Fax: (704) 521-8959 Mailing 424 Blairhill RD E-Mail: [email protected] Address: Charlotte NC 28217 Website: Certification Dates: SBE-Apr 26 2006 - Apr 26 2009 , MWBE-Apr 26 2006 - Apr 26 2009
Covenant Painting Solutions, Inc. VMS #: SM8187 Physical 1536 Union RD Contact: Bobby J. Spikes Address: Gastonia NC 28054 Phone: (704) 861-0188 Fax: (704) 861-1588 Mailing E-Mail: [email protected] Address: Website: Certification Dates: SBE-Dec 16 2005 - Dec 16 2008 , MWBE-Dec 16 2005 - Dec 16 2008
Do It All Interiors Remodeling & Renovations VMS #: SM9883 Physical 6206 Cross Creek LN Contact: Raymond A. Brown Address: Charlotte NC 28212 Phone: (980) 721-6391 Fax: Mailing P.O. Box 30701 E-Mail: [email protected] Address: Charlotte NC 28230 Website: Certification Dates: MWBE-Oct 17 2007 - Oct 17 2010 , SBE-Oct 17 2007 - Oct 17 2010
Page 3 of 6 Discovery Place Renovations - Phase 2 - Paint and Wallcovering
91461 - Painting and Wallpapering G & J Office Solutions VMS #: SM15921 Physical 1910-D Prospect DR Contact: George Anthony Address: Charlotte NC 28213 Phone: (704) 921-4771 Fax: Mailing E-Mail: [email protected] Address: Website: Certification Dates: SBE-Jan 26 2007 - Jan 26 2010 , MWBE-Jan 26 2007 - Jan 26 2010
Hoyle's General Contractor, Inc. VMS #: SM9265 Physical 701-Q Atando AV Contact: Alvarez Abernathy Address: Charlotte NC 28206 Phone: (704) 371-4559 Fax: (704) 371-4579 Mailing E-Mail: [email protected] Address: Website: www.hoylec.com Certification Dates: SBE-Dec 11 2006 - Dec 11 2009 , MWBE-Dec 11 2006 - Dec 11 2009
Inner City Drywall, Inc. VMS #: SM8796 Physical 6016F McDaniel LN Contact: Arthur Person Address: Charlotte NC 28213 Phone: (704) 597-5552 Fax: (704) 597-2047 Mailing PO Box 561884 E-Mail: [email protected] Address: Charlotte NC 28256 Website: Certification Dates: SBE-Dec 27 2005 - Dec 27 2008 , MWBE-Dec 27 2005 - Dec 27 2008
MAKK Services Unlimited, Inc. VMS #: SM8396 Physical 6937 Pawtuckett RD Contact: Michelle Grier Address: Charlotte NC 28214 Phone: (704) 507-1921 Fax: (704) 398-3475 Mailing E-Mail: [email protected] Address: Charlotte NC 28256 Website: Certification Dates: MWBE-Aug 2 2006 - Aug 2 2009 , SBE-Aug 2 2006 - Aug 2 2009
McCoy's Painting, Inc. VMS #: SM8732 Physical 815 W Kingston AV Contact: Will McCoy Address: Charlotte NC 28203 Phone: (704) 301-2941 Fax: (704) 969-4025 Mailing 815 W Kingston AV E-Mail: [email protected] Address: Charlotte NC 28203 Website: Certification Dates: SBE-Jul 3 2006 - Jul 3 2009 , MWBE-Jul 3 2006 - Jul 3 2009
Millennium Lawn Care VMS #: SM14189 Physical 9236 Singer CT Contact: Nicky Foster Address: Harrisburg NC 28075 Phone: (704) 200-4463 Fax: (704) 455-2879 Mailing E-Mail: [email protected] Address: Website: Certification Dates: SBE-Sep 20 2005 - Sep 20 2008 , MWBE-Sep 20 2005 - Sep 20 2008
Page 4 of 6 Discovery Place Renovations - Phase 2 - Paint and Wallcovering
91461 - Painting and Wallpapering Mullis & Associates Contracting Services VMS #: S14538 Physical 11041 Vista Haven Contact: Joe Mullis Address: Charlotte NC 28226 Phone: (704) 752-8441 Fax: (704) 752-7442 Mailing E-Mail: [email protected] Address: Website: Certification Dates: SBE-Jan 17 2006 - Jan 17 2009
Polk Waterproofing Co., Inc. VMS #: SM9213 Physical 3016 Griffin Shortcut RD Contact: Joe F. Polk Address: Peachland NC 28133 Phone: (704) 202-2985 Fax: Mailing P.O. Box 77034 E-Mail: Address: Charlotte NC 28271 Website: Certification Dates: MWBE-Jan 31 2007 - Jan 31 2010 , SBE-Jan 31 2007 - Jan 31 2010
Scott's Painting and Decorating VMS #: SM14486 Physical 6019 Queensborough CT Contact: Lucius Scott Address: Charlotte NC 28216 Phone: (704) 649-1473 Fax: (704) 399-6567 Mailing E-Mail: [email protected] Address: Website: Certification Dates: SBE-Nov 17 2005 - Nov 17 2008 , MWBE-Nov 17 2005 - Nov 17 2008
SD Paint Made Easy VMS #: SM17282 Physical 2217-D MatthewsTownship Parkway Contact: Sheldon Bethune Address: Matthews NC 28105 Phone: (704) 606-7050 Fax: Mailing E-Mail: [email protected] Address: Website: Certification Dates: MWBE-Feb 25 2008 - Feb 25 2011 , SBE-Feb 25 2008 - Feb 25 2011
Swartz's & Crabtree VMS #: SM14442 Physical 2134 Downing ST Contact: Rosie Hamilton Address: Charlotte NC 28205 Phone: (704) 621-0288 Fax: Mailing P.O. Box 32754 E-Mail: [email protected] Address: Charlotte NC 28232 Website: Certification Dates: SBE-Nov 10 2005 - Nov 10 2008 , MWBE-Nov 10 2005 - Nov 10 2008
The AZ Group Contractors, Inc. VMS #: SM17088 Physical 4421-B Central AV Contact: Key Ramos Address: Charlotte NC 28205 Phone: (704) 532-1400 Fax: (704) 532-3772 Mailing E-Mail: [email protected] Address: Website: Certification Dates: SBE-Jan 4 2008 - Jan 4 2011 , MWBE-Jan 4 2008 - Jan 4 2011
Page 5 of 6 Discovery Place Renovations - Phase 2 - Paint and Wallcovering
91461 - Painting and Wallpapering Treadaway & Sons Painting & Wallcovering Inc. VMS #: S10558 Physical 715 Louise AV Contact: Mike Treadaway Address: Charlotte NC 28204 Phone: (704) 332-6557 Fax: (704) 332-6558 Mailing E-Mail: [email protected] Address: Website: treadawaypainting.com Certification Dates: SBE-Feb 16 2006 - Feb 16 2009
Vanderhall & Alexander Construction, LLC VMS #: SM16706 Physical 2121 Commonwealth AV Contact: Antwan Alexander Address: Charlotte NC 28205 Phone: (704) 333-5557 Fax: (704) 333-5560 Mailing E-Mail: [email protected] Address: Website: Certification Dates: SBE-Sep 26 2007 - Sep 26 2010 , MWBE-Sep 26 2007 - Sep 26 2010
Versatile Handyman Services VMS #: SM16532 Physical 3239 Edsel PL Contact: Marc Reid Address: Charlotte NC 28205 Phone: (704) 712-0650 Fax: Mailing E-Mail: Address: Website: Certification Dates: SBE-Jul 9 2007 - Jul 9 2010 , MWBE-Jul 9 2007 - Jul 9 2010
Williams Realty & Remodeling, Inc. VMS #: SM17186 Physical 2317 Laura DR Contact: Michael Williams Address: Charlotte NC 28212 Phone: (704) 804-1112 Fax: (704) 804-1112 Mailing E-Mail: williamsrealtyand [email protected] Address: Website: www.myspace.com/williamsremodeling Certification Dates: MWBE-Feb 8 2008 - Feb 8 2011 , SBE-Feb 8 2008 - Feb 8 2011
XXI Century Murals VMS #: S17299 Physical 11512 Five Cedars RD Contact: Araik Minasyan Address: Charlotte NC 28226 Phone: (704) 543-6488 Fax: Mailing E-Mail: [email protected] Address: Website: Certification Dates: SBE-Feb 14 2008 - Feb 14 2011
96269 - Personnel Services, Temporary Absolute Business Connections, Inc. VMS #: SM16725 Physical 5701 Executive Center DR Contact: Donna Rodgers Address: Charlotte NC 28212 Phone: (704) 537-0010 Fax: (704) 537-0701 Mailing P.O. Box 25767 E-Mail: [email protected] Address: Charlotte NC 28212 Website: www.absolutebusinessconnections.com Certification Dates: SBE-Sep 24 2007 - Sep 24 2010 , MWBE-Sep 24 2007 - Sep 24 2010
Page 6 of 6 Discovery Place Renovations - Phase 2 - Paint and Wallcovering
Small Business Opportunity Program
Revised June 1, 2007
Notification of Subcontracting / Purchasing Opportunities SBOP Form 1
** Per Part B, Section 5.3.1 of the SBO Program, in order to receive credit as a Good Faith Effort (GFE), a Bidder must provide to Rodgers Builders Inc., no later than 14 Days before Bid Opening this Form 1 or another document providing the same information. (POTENTIAL GFE Points: 15)
Bidder Name:
Project Name: Discovery Place Renovation – Phase 2 – Paint and Wallcovering Project Number: 512-06-023
Identify the portions of the contract for which there are intended subcontractor, supplier, or service provider opportunities.
NIGP code Description of Service or Goods (as identified in bid)
Submit this form to: Jasmine Hines
E-mail: [email protected]
Fax Number: 704-372-3341
Small Business Opportunity Program
Revised June 1, 2007
SBE Solicitation Form SBOP Form 2 Copy this Form as needed. (page 1 of 2)
** Per Part B, Section 5.3.2.3 of the SBO Program, in order to receive credit for Contacting SBEs, a Bidder must submit an SBE Solicitation Form (Form 2) within one (1) Business Days after requested by Rodgers Builders, Inc. (POTENTIAL GFE Points: 10)
Bidder Name:
Project Name: Discovery Place Renovation – Phase 2 – Paint and Wallcovering Project Number: 512-06-023
SBE Firm: Contact Person: NIGP Code: Scope of Work: Initial Contact Date: Method: Phone Fax Email Courier Mail In person Follow-up: Date: Method: Phone In person Response: No response Not bidding Is bidding $ ______________ Other (explain) Selected? Yes No SBE Firm: Contact Person: NIGP Code: Scope of Work: Initial Contact: Date: Method: Phone Fax Email Courier Mail In person Follow-up: Date: Method: Phone In person Response: No response Not bidding Is bidding $ ______________ Other (explain) Selected? Yes No SBE Firm: Contact Person: NIGP Code: Scope of Work: Initial Contact: Date: Method: Phone Fax Email Courier Mail In person Follow-up: Date: Method: Phone In person Response: No response Not bidding Is bidding $ ______________ Other (explain) Selected? Yes No SBE Firm: Contact Person: NIGP Code: Scope of Work: Initial Contact: Date: Method: Phone Fax Email Courier Mail In person Follow-up: Date: Method: Phone In person Response: No response Not bidding Is bidding $ ______________ Other (explain) Selected? Yes No SBE Firm: Contact Person: NIGP Code: Scope of Work: Initial Contact: Date: Method: Phone Fax Email Courier Mail In person Follow-up: Date: Method: Phone In person Response: No response Not bidding Is bidding $ ______________ Other (explain) Selected? Yes No
Small Business Opportunity Program
Revised June 1, 2007
SBE Solicitation Form SBOP Form 2 Copy this Form as needed. (page 2 of 2)
Pursuant to Part B, Section 4.4 of the SBO Program (Failure to Negotiate In Good Faith), Rodgers Builders, Inc. may find that a Bidder did not meet its Good Faith Negotiation obligation if in Rodgers Builders’ judgment, the Bidder rejects an Interested SBE’s bid for reasons other than: (a) the SBE’s bid was higher than what was proposed by the subcontractor or supplier the Bidder decided to use or higher than the Bidder’s cost of performing such work on its own; (b) the SBE was not a “Qualified SBE” as defined in Part A; or (c) the Business Enterprise that will be performing in place of the Interested SBE is more qualified than the Interested SBE, to the extent that such difference in qualification would materially impact the Bidder’s Bid, or (d) there was a material deficiency with the Interested SBE’s bid (such as it being submitted late, containing inaccurate information, etc.). The undersigned certifies that the information submitted on this Form 2 is true and accurate as of the date indicated below. The undersign further certifies that contacts by U.S. Postal Service, telephone conversations and in person contacts documented on this Form 2 were made in accordance with the requirements of Part B, Section 5.3.2 of the SBO Program and that this shall satisfy as the affidavit confirming such contacts.
Company
Signature of Authorized Official Title Submittal Date
Sworn to before me this day of __________________________ , 200____
NOTARY PUBLIC
My commission expires on
Small Business Opportunity Program
Revised June 1, 2007
Subcontractor / Supplier Utilization Commitment SBOP Form 3 This form MUST be submitted with your bid. (page 1 of 2)
Bidder Name:
Project Name: Discovery Place Renovation – Phase 2 - Paint and Wallcovering Project Number: 512-06-023
1. Below is a list of all SBEs that you intend to use on this contract
SBE Name Description of work / materials NIGP code VMS # Total Projected $
I acknowledge that I have inquired with each SBE listed above as to their Certification Status (i.e. - the SBE expiration date)
2. Below is a list of all non-SBEs that you intend to use on this contract
Firm Name Description of work / materials NIGP code VMS #
Total Subcontractor / Supplier Utilization (including SBEs and Non-SBEs) $ Total SBE Utilization $
Total Bid Amount (including Contingency) $ Percent SBE Utilization (Total SBE Utilization divided by Total Bid Amount) %
** If SBE Goal is not met, please provide an explanation here:
Signature of Authorized Official Printed Name Title Submittal Date
Small Business Opportunity Program
Revised June 1, 2007
Subcontractor / Supplier Utilization Commitment SBOP Form 3 This form must be submitted with your bid. (page 2 of 2)
All Subcontractors and Suppliers must be registered with the City of Charlotte. Pursuant to Appendix A, Section 8 of the SBO Policy, each subcontractor or supplier (non-SBE and SBE subcontractors) that you use on this contract must be registered in the City’s vendor registration database. You will need to provide the vendor registration number for each subcontractor and supplier used on this contract as a condition for receiving final payment on this Contract. What happens if you add 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, pursuant to Part D of the SBO Program, you must comply with the following:
• You must maintain the level of SBE participation proposed on this form throughout the duration of the Contract, except as specifically allowed in Part D, Section 2.2.
• If you need to add or replace an SBE, you must comply with Part D, Section 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 Part D, Section 6.
Subcontractor/Supplier Utilization Commitment Pursuant to Part B, Section 3.6, Rodgers Builders Inc. Solicitation Documents for each Construction Contract will include a form labeled “Subcontractor/Supplier Utilization Commitment” (“Form 3”), which captures information regarding the SBEs and other subcontractors and suppliers that the Bidder intends to use on the Contract. Failure to properly complete and submit Form 3 with the Bid constitutes grounds for rejection of the Bid. Pursuant to Part B, Section 3.7, within (3) Business Days after receiving a request from Rodgers Builders, Inc (or within such longer time as may be communicated by Rodgers Builders, Inc. in writing), Bidders must submit a separate Letter of Intent for each SBE listed on Form 3. Bidders may use the Letter of Intent that Rodgers Builders, Inc. provides with Rodgers Builders, Inc.’s Solicitation Documents or may use an alternative form if it contains the same information as Form 4. Regardless of the form, each Letter of Intent must be executed by both the SBE and the Bidder. Rodgers Builders, Inc. shall not count proposed SBE utilization for which it has not received a Letter of Intent within such time period, unless the SBE certifies to Rodgers Builders, Inc. that it originally agreed to participate in the Contract at the level reported by the Bidder, but subsequently declined to do so.
Signature Your signature on the preceding page indicates that the undersigned Company certifies and agrees that (a) it has complied with all provisions of the SBO Program and (b) failure to properly document such compliance in the manner and within the time periods established by the SBO Program shall constitute a forfeiture of the Company’s bid bond, and shall entitle Rodgers Builders, Inc. to recover under the bid bond and, (c) in the absence of a bid bond, such failure shall entitle Rodgers Builders, Inc. to recover damages for breach of contract.
Small Business Opportunity Program
Revised June 1, 2007
Letter of Intent SBOP Form 4
** Per Part B, Section 3.7, Bidders must submit a separate Letter of Intent for each SBE listed on Form 3 within (3) Business Days after receiving a request from Rodgers Builders, Inc. Bidders may use the Form 4 provided with Rodgers Builders, Inc.’s Solicitation Documents or an alternative form containing the same information as Form 4. Each LOI must be executed by both the SBE and the Bidder.
Pursuant to Part D, Section 5.3.1, Bidders shall also be required to provide a Form 4 for each SBE they add to a Contract subsequent to Contract award. Bidder Name:
Project Name: Discovery Place Renovation – Phase 2 - Paint and Wallcovering Project Number: 512-06-023
Bidders must submit a separate Letter of Intent for each SBE listed on Form 3 and this form must be signed by both the Bidder and SBE firm.
A. To be completed by the Bidder/Service Provider
Name of Bidder:
Address:
Contact Person:
Telephone: Fax:
I, the bidder, acknowledge a QuickPay Commitment or QuickPay Agreement has been extended to this SBE for the work identified below, and that I have submitted, either previously or with this Form, a copy of said Agreement. YES NO
B. To be completed by SBE at any tier Name of SBE:
Address:
Contact Person:
Telephone: Fax:
I, the SBE, certify that my SBE Certification Profile is active and up to date. Certification Expiration Date: / / .
C. Identify in complete details the scope of work to be performed or item(s) to be supplied by the SBE. On unit price bids, identify which bid line item the SBE’s scope of work or supply corresponds:
D. Cost of work to be performed by SBE: $
E. Cost of work to be performed by SBE as a percentage of total amount of City contract: %
Bidder certifies that it intends to utilize the SBE listed above, and that the description, cost and percentage of work to be performed by the SBE as described above is accurate. The SBE Firm certifies that it has agreed to provide such work/supplies for the amount stated above.
Bidder: Date: Signature and Title
SBE Firm: Date: Signature and Title
Small Business Opportunity Program
Revised June 1, 2007
Good Faith Efforts (GFE) and Statement of GFE Compliance SBO Form 5 If NOT meeting the goal, Bidder must submit this form within one business days after Rodgers Builders, Inc. requests it. (Page 1 of 3)
Bidder Name:
Project Name: Discovery Place Renovation – Phase 2 - Paint and Wallcovering Project Number: 512-06-023
Below is a list of Good Faith Efforts as defined in Part B: Section 5.3. To the left of each item is the number of points assigned to that item for this project. Please place an “X” in the first column for each item you are claiming credit. Failure to achieve the minimum number of Good Faith Efforts points stated in the blank below constitutes grounds for rejection of your bid.
Minimum Number of GFE Points Required: 170
15 Section 5.3.1: Notification of Subcontracting Opportunities. Providing to Rodgers Builders, Inc. not later than fourteen (14) calendar days prior to Bid Opening a list of the areas in which the Bidder intends to seek subcontractors and suppliers. The Bidder may report this information on Form 1 or on another document providing the same information as Form 1.
10
Section 5.3.2: SBE Contacts: To receive credit for this GFE, the Bidder must contact a minimum number of SBEs, as specified in Rodgers Builders, Inc. Solicitation Documents. Further, a Bidder must submit an SBE Solicitation Form (“Form 2”) within 3 Business Days after Rodgers Builders, Inc. requests it, unless a different time is specified in Rodgers Builders, Inc. Solicitation Documents.
A Bidder must make the required contacts not less than 7 Days before Bid Opening to receive credit. Refer to Part B, Section 5.3.2 of the SBO Policy for requirements of the Solicitation Method, Solicitation Content, and Solicitation Documentation.
10
Section 5.3.3: Making Plans Available. Making any project descriptions, construction plans, specifications or requirements applicable to the project available for review by Interested SBEs at least seven (7) calendar days before Bid Opening.
To satisfy this requirement, the Bidder must either: (a) provide SBEs with a hard copy of the Project Documents via an acceptable means of document delivery; OR (b) provide necessary physical access and adequate time for SBEs to fully review the Project documents at the Bidder’s place of business within the Charlotte MSA or, if the Bidder has no place of business within the Charlotte MSA, at an alternate location within the Charlotte MSA where the information can be reviewed at no cost to SBEs; AND (c) notify all SBEs contacted as part of the Bidder’s Section 5.3.2 SBE contacts of the locations (including the address) where plans, specifications, and other documents applicable to the Project, can be reviewed.
15 Section 5.3.4: Breaking Down Work. To receive credit for this GFE, the Bidder MUST: (a) notify SBEs as part of a Bidder’s Section 5.3.2 SBE Contacts that the Bidder is willing to divide or combine elements of work into economically feasible units on a case-by-case basis to facilitate SBE participation, and (b) negotiate in good faith with any SBEs that request such divisions.
10 Section 5.3.5: Attendance at Pre-Bid. To receive credit for this GFE, the Bidder must attend any pre-bid meetings scheduled by Rodgers Builders, Inc. for the Contract in question.
15
Section 5.3.6: Conducting a Pre-Bid for SBEs. To receive credit for this GFE, the Bidder MUST conduct a pre-bid meeting for SBEs at least three (3) Business days prior to Bid Opening. The pre-bid meeting must take place within Mecklenburg County, or, if the Bidder has no place of business within Mecklenburg County, at an alternate location within the Charlotte MSA. Not less than 48 hours before the pre-bid meeting, the Bidder must communicate the time and location of the meeting to the SBEs that the Bidder is required to contact to earn GFE points under Section 5.3.2.
40
Section 5.3.7: Training and Mentoring. A Bidder may receive credit for this GFE in one of two (2) ways: (a) Training: Providing training or mentoring to at least two (2) SBEs within 120 days before Bid Opening and the Bidder
must have the training or mentoring certified by the Program Manager.
(b) SBDP Mentor-Protégé Program. The Bidder may also receive credit for this GFE if the Bidder demonstrates that it is participating in the Small Business Development Mentor-Protégé program and that it is a mentor in good standing. The Program Manager shall have the discretion to deny credit for mentoring and training if the mentor is not in good standing.
Small Business Opportunity Program
Revised June 1, 2007
Good Faith Efforts (GFE) and Statement of GFE Compliance SBO Form 5 (Page 2 of 3)
Bidder Name:
Project Name: Discovery Place Renovation – Phase I - Paint and Wallcovering Project Number: 512-06-023
10
Section 5.3.8: Working with SBE Assistance Organizations. To receive credit for this GFE, the Bidder must document that they have performed one of the following within the (120) day period preceding the Bid Opening for an SBE Assistance Organization as defined in Appendix 1 of Part A:
(a) Provide location for SBE Assistance Organization Event: Providing a meeting location for the SBE Assistance Organization to host a regular meeting or special event at no cost or at a reduced rate.
(b) Provide training for SBE Assistance Organization members: Providing training or facilitating workshops aimed at increasing the capacity or skill level or the SBE Assistance Organization members, or participating in training or a workshop sponsored by the SBE Assistance Organization.
(c) Contracting with new SBE: Documenting that the SBE Assistance Organization helped to identify an SBE with whom the Bidder subsequently subcontracted work (whether on a City Construction Contract or other contract). Rodgers Builders, Inc. will not give the Bidder credit for this GFE if the Bidder contracts with an SBE that the Bidder has used on previous projects.
20
Section 5.3.9: Bonding or Insurance Assistance on Construction Contract. To receive credit for this GFE, the Bidder must assist an SBE in obtaining its own bond or insurance coverage for a City contract or another contract by (a) providing direct assistance, (b) showing that the SBE did not have access to the bond or insurance coverage before the Bidder’s assistance; and (c) providing the assistance within the 120 Days preceding the Bid Opening.
To document satisfaction of this GFE, the Bidder must submit: (a) the name of the SBE; (b) a description of the assistance the Bidder provided; (c) the date the Bidder provided the assistance; (d) the name of a contact person with the SBE who can verify that the Bidder provided the assistance; and (e) any additional information requested by Rodgers Builders, Inc.
20
Section 5.3.10: Covering Subcontractors Under Bidder’s Bond or Insurance on the Construction Contract Up for Award. To receive credit for this GFE, the Bidder must commit to cover one or more SBEs under the Bidder’s bond or insurance for work that the Bidder and Rodgers Builders, Inc. would typically require a bond, without requiring the SBEs to provide their own bond or insurance coverage. To document satisfaction of this GFE, the Bidder must (a) identify the SBE to which the Bidder made the commitment; and (b) document that such commitment was communicated to the SBE before the Bidder received the SBE’s bid. Bidders will not receive credit for bonding SBEs on work for which Rodgers Builders, Inc. does not typically require a bond, such as hauling.
20
Section 5.3.11: Entering Into Joint Venture with SBEs. To receive credit for this GFE, the Bidder must document the existence of a Joint Venture agreement between the Bidder and an SBE that increases opportunities for SBE business participation, whether on City Contracts or other contracts. To document satisfaction of this GFE, Bidders must document that they have entered into such an agreement within the 120 Days before the Bid Opening, and such documentation must include; (a) the name of the SBE; (b) a description of the Joint Venture; (c) evidence of the date the Bidder and the SBE entered into the agreement; and (d) the name of a contact person with the SBE who can verify the terms of the agreement.
25
Section 5.3.12: Facilitating Joint Ventures between SBEs. To receive credit for this GFE, the Bidder must within the 120 Days before the Bid Opening facilitate a Joint Venture agreement between SBEs that would not otherwise be able to participate in the Construction Contract. To document satisfaction of this GFE, the Bidder must: (a) comply with Section 3.4.4 (b) submit the names of the two SBEs for which the Bidder facilitated a Joint Venture; (c) provide a description of the steps the Bidder took to facilitate the Joint Venture; and (d) provide a statement from at least one of the SBEs indicating that it would not have been able to participate in the Construction Contract but for the Joint Venture. Additionally, the SBE Joint Venture must be listed on Form 3 as an SBE participating in the Construction Contract for which the Bidder is submitting a Bid.
25
Section 5.3.13: Financial Assistance. To receive credit for this GFE, the Bidder must provide one of the following types of assistance to an SBE during the preceding 90 Days before Bid Opening: (a) assistance in obtaining equipment, a loan, capital, lines of credit, (b) joint pay agreements or guaranties to secure loans, the purchase of supplies, or letters of credit, including waiving credit that is ordinarily required; or (c) assistance in obtaining the same unit pricing with the Bidder’s suppliers as the Bidder. Such assistance may be in connection with a City Construction Contract or any other contract.
To receive credit for this GFE, Bidders must document: (a) the name of the SBE; (b) the description of the assistance the Bidder provided; (c) the date the Bidder provided the assistance; and (d) the name of a contact person with the SBE who can verify that the Bidder provided the assistance was provided.
Small Business Opportunity Program
Revised June 1, 2007
Good Faith Efforts (GFE) and Statement of GFE Compliance SBO Form 5 (Page 3 of 3)
Bidder Name:
Project Name: Discovery Place Renovation – Phase I - Paint and Wallcovering Project Number: 512-06-023
20
Section 5.3.14: Quick Pay Agreements On The Construction Contract Up For Award. For purposes of this Section, the term “Quick Pay Commitment” means a commitment to pay all SBEs participating in the Construction Contract within 20 Days after the Contractor confirms that the SBE has properly performed and the SBE’s work has been properly completed.
To receive credit for this GFE, Bidders must either: (a) provide Rodgers Builders, Inc. with a copy of a policy containing the above-referenced Quick Pay Commitment that the Bidder has adopted for the project and document that the Bidder informed each SBE about the Quick Pay Commitment as part of the Bidder’s SBE contacts under Section 5.3.2; OR (b) provide a legally binding Quick Pay Commitment in the form of an Agreement with each SBE that will participate in the Construction Contract up for award. Including a statement in a Bid solicitation letter indicating that the Bidder will consider entering into quick pay agreements will not suffice.
0
Section 5.3.15: Attendance at City SBO Workshops or Networking Sessions. To receive credit for this GFE, the Bidder must attend a workshop, seminar or networking session held by Rodgers Builders, Inc. to (a) educate contractors or SBEs about the requirements of the SBO Program and how Bidders can comply with the Program; or (b) increase the capacity or skill level of SBEs; or (c) provide networking opportunities for SBEs. To receive credit for this GFE, Bidders must document that they attended such a workshop or seminar during the preceding 90-Days before Bid Opening. The KBU shall not give Bidders credit toward this GFE category for the Bidder’s attendance at a Pre-Bid conference.
15
Section 5.3.16: Follow-up Contacts. To receive credit for this GFE, the Bidder must follow-up with each SBE that the Bidder contacted under Section 5.3.2 that did not reply that it was unwilling to participate in the Construction Contract.
Additionally, the Bidder must: (a) make each follow-up contact subsequent to the initial contact and at least 48 hours before Bid Opening; (b) make each follow-up contact by telephone or in person and (c) provide documentation for each follow-up contact in accordance with Section 5.3.2.3. Rodgers Builders, Inc. may request additional documentation in accordance with Section 5.3.2.4, and may verify the contacts as Rodgers Builders, Inc. deems appropriate.
15 Section 5.3.17: Achieving 50% of SBE Participation Goal. To receive credit for this GFE, the Bidder’s Committed SBE Goal must be at least 50% of the SBE Goal established by Rodgers Builders, Inc. for the Contract.
20
Section 5.3.18: Additional SBE Outreach. To receive credit for this GFE, not less than 7 Days before the Bid Opening, a Bidder must contact 75% of the total number of SBEs Rodgers Builders, Inc. lists or identifies in Rodgers Builders, Inc. Solicitation Documents for the Contract being bid. For example, if Rodgers Builders, Inc. lists 80 SBEs in Rodgers Builders, Inc. Solicitation Documents and requires that Bidders contact a minimum of 20, a Bidder would have to contact 60 SBEs to meet to receive credit under this Section. To receive credit, the Bidder must comply with the solicitation requirements outlined in Section 5.3.2.1, Section 5.3.2.2 and Section 5.3.2.3 (a) through (f).
25
Section 5.3.19: SBE Participation On Non-City Contracts. To receive credit for this GFE, the Bidder must document that during the 120-Day period before Bid Opening, the Bidder used SBEs on non-City contracts where the SBE subcontract value equaled or exceeded the amount the Bidder would have to pay SBEs to meet the SBE Goal for the Construction Contract at issue. To receive credit for this item, Bidders must document for each non-City SBE subcontract: (a) the name of the project and the parties to the contract; (b) the name of the SBEs the Bidder paid on the project; (c) the amount the Bidder paid to each SBE; and (d) any additional documentation requested by the Program Manager for verification purposes.
25
Section 5.3.20: Working With a New SBE. To receive credit for this GFE, the Bidder must document that during the 120-Day period before Bid Opening, the Bidder hired an SBE that it had not previously contracted with to perform at least $10,000 of work, whether on a City contract or other contract. To receive credit for this item, Bidders must document: (a) the name of the project on which the Bidder hired the new SBE; (b) the name of the new SBE the Bidder hired; (c) the amount the Bidder paid or the estimated amount the Bidder will pay to the new SBE; and (d) any additional documentation requested by the Program Manager for verification purposes.
375 Total Available GFE Points 170 Total GFE Points Attained
Per Part B, Section 5 of the SBO Program, if a Bidder has not fully met the SBE Goal, then it must document it has met the GFE requirements by completing this Form. Bidder must submit Form 5 within one business days after Rodgers Builders, Inc. requests it as modified for Discovery Place Renovations Only. Failure to do so constitutes grounds for rejection of the Bid.
Small Business Opportunity Program
Revised June 1, 2007
Payment Affidavit - Subcontractor / Supplier Utilization SBO Form 6 To be submitted with each request for payment from Rodgers Builders Inc. Copy this form as needed.
Invoice Amount: Payment or Invoice #:
Project Name: Discovery Place Renovation – Phase 2 - Paint and Wallcovering Contract Number:
Payment Period: From To KBU: (Department) Section 1: Payments to SUBCONTRACTORS Complete the chart below for all subcontractors used on the Project/Contract regardless of dollar amount. All subcontractors must be registered in the City’s Vendor Registration System.
Subcontractor’s Name Description of Work Performed NIGP Code City VMS
Number Payment
this Pay Period Cumulative Payments
Section 2: Payments to SUPPLIERS All suppliers providing goods under City contracts must be listed on the Sales Tax Statement submitted with each pay request. Rodgers Builders, Inc. may request on a case-by-case basis that the Contractor require certain suppliers to be registered in the City’s Vendor Registration System and may withhold payment of any amounts due the Contractor in the event the Contractor fails to comply with such request.
The undersigned Company certifies the preceding chart is a true and accurate statement of all payments that have been or will be made to subcontractors and suppliers on this Project/Contract. If no subcontractors or suppliers are listed on the preceding chart, the Company certifies that no subcontractors or suppliers were used in performing the Project/Contract for the payment period indicated. Failure to provide accurate and truthful information is a violation of the Small Business Opportunity Program and is subject to the sanctions prescribed therein.
This day of 200
Name of Company VMS #
Signature Print Name and Title
I. SPECIFICATION SECTIONS:
A. Applicable in total to the work of this Bid Package:
Division 00 - Procurement and Contracting Requirements (entire Section)
Division 01 - General Requirements (entire Section)
Section 220500 - Common Work Results for Plumbing
Section 220513 - Common Motor Requirements for Plumbing Equipment
Section 220519 - Meters and Gages for Plumbing Piping
Section 220523 - General Duty Valves for Plumbing Piping
Section 220529 - Hangers and Supports for Plumbing Piping and Equipment
Section 220553 - Identification for Plumbing Piping and Equipment
Section 220700 - Plumbing Insulation
Section 221116 - Domestic Water Piping
Section 221119 - Domestic Water Piping Specialties
Section 221316 - Sanitary Waste and Vent Piping
Section 221319 - Drainage piping Specialties
Section 224000 - Plumbing Fixtures
B. Applicable only as required by the work of this Bid Package:
Section 024119 - Selective Structure Demolition
Section 078413 - Penetration Firestopping
Section 083113 - Access Doors and Frames
II.
General Considerations
GC1.0
Section 220548 - Vibration and Seismic Controls for Plumbing Piping and
Equipment
Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
SPECIFIC SUMMARY OF WORK
DIVISION OF WORK: Bid Package No. 15C - Trade Subcontractor is exclusively responsible for
work described in the following:
Any and all engineering services (by an engineer registered in the State of North
Carolina) related to installation of any of the work of this Bid Package that is
necessary to satisfy the requirements of the specifications, testing agencies, and
prevailing jurisdictional authority.
Bid Package No. 15C - Plumbing Systems
April 17, 2009
WORK DESCRIPTION: Furnish all labor, materials, supervision, equipment, insurance,
overhead and profit, necessary or incidental, as required to complete the scope of work
identified in the construction drawings and applicable specification sections referenced
above. Performance of the work must include, but is not necessarily limited to the
following:
Rodgers Builders…Our Passion is Building.®
BPM DP Formal Phase 2 2009 04 171
Page 1 of 10 5/11/2009 4:37 PM
Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
SPECIFIC SUMMARY OF WORK
Bid Package No. 15C - Plumbing Systems
April 17, 2009
GC2.0
GC3.0
GC4.0
A. Fire Protection - Not Used
B. Combined Plumbing and HVAC Systems - Not Used
C. Plumbing Systems
C1.0
C2.0
C3.0
C4.0
C5.0
C6.0
C7.0
This Bid Package includes furnishing all access doors required but not shown on
the drawings. The installation of the access panels will be a part of the Drywall
Bid Package.
Provide all labor, material and equipment necessary for installation of all roof
leader piping complete to storm drainage structures.
All testing of plumbing piping, including pressure tests for valves, etc.
This Bid Package includes core drilling, and making tie-ins, as necessary, for all
plumbing.
Furnish and installation of all required hangers and labels for plumbing system to
comply with codes.
All wall and elevated slab core drilling, slab cutting/removal, additional valves
required to tie new plumbing systems to existing plumbing systems, and
coordination of tie-ins and/or shutdowns as required. All slab penetrations may be
core drilled at the Subcontractor’s option.
Include the thermal wrapping of exposed piping for handicap sinks as applicable.
The project goal for the Discovery Place Renovation Project is seven percent
(7%). In accordance with the City of Charlotte’s Small Business Opportunity
Program, the established goal for this Bid Package is ten percent (10%). Please
refer to the SBO program policy included herein. For further questions, please
contact the SBO Program Manager for the Discovery Place Renovation Project -
Lil Associates II, Inc., Jasmine Hines, 704-372-3331 or
All fire-stop thru-penetrations in rated walls must be labeled on the wall adjacent
to the penetration accordingly by the Trade Bid Package making the penetration.
This Bid Package will produce Coordination Drawings in CAD and attend
coordination meetings. Coordination drawings will include locating systems,
elevations of equipment and required work clearances. This Bid Package will
review other trades shop drawings and coordination drawings to ensure there are
no conflicts with their work.
Rodgers Builders…Our Passion is Building.®
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Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
SPECIFIC SUMMARY OF WORK
Bid Package No. 15C - Plumbing Systems
April 17, 2009
C8.0
C9.0
C10.0
C11.0
C11.01
C11.02
C11.03
C11.04
C11.05
C11.06
C11.07
C11.08
C11.09
C11.10
C11.11
C11.12
C11.13
C11.14
C11.15
C11.16
C11.17
C11.18
C11.19
C11.20
All associated fire stopping must be included in the scope of work of this Bid
Package.
Painting of metal studs identifying that the work of this Bid Package is completed
and inspected and the walls and ceiling are ready to have gypsum board hung.
Patching of all penetrations necessary to this scope of work is a part of this scope
of work including, but not limited to, acoustical sealants as required by the
documents.
Samples and brochures.
Equipment guarantees and warranties.
Valves and Valve charts
As-built drawings.
Roof boots and roof patching for all plumbing related penetrations.
Responsibility for the following as it relates to the work of this Bid Package:
Working/coordination drawings.
Concrete and Housekeeping pads
Painting, stenciling and tagging.
Inserts and pipe hangers.
Cutting, core drilling and patching of penetrations through the work of
other trades.
Sleeves – furnish and install (floors, walls, and ceilings) if required
Starters and motors required for plumbing equipment not provided by
Electrical Subcontractor.
Maintenance and operation manuals
Testing and approvals.
Shower receptor/floor waterproofing membrane if/as required for the
application.
Acid waste piping and acid waste collection systems.
Disconnect switches integral with equipment so requiring.
Insulation on piping and devices.
Blocking and backing as required for the application
Transfer switches on equipment so requiring.
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Discovery Place
Interior Renovations Phase 2 Formal Packages
SPECIFIC SUMMARY OF WORK
Bid Package No. 15C - Plumbing Systems
April 17, 2009
C11.21
C11.22
C12.0
C12.01
C12.02
C12.03
C13.0
C14.0
C15.0
C16.0
C16.01
C16.02
C16.03
C16.04
C16.05
C16.06
C16.07
C16.08
C16.09
C16.10
C16.11
Floor and roof penetrations
Domestic cold water supply piping.
Sanitary sewer piping.
Unless otherwise stipulated in the specifications, all factory-manufactured
products provided are to have factory applied finishes, insulation, and jacketing
as appropriate. Integral support framing is also to have factory applied finishes.
Trench drainage system and associated piping.
Hot water heating system.
Associated caulking and sealants for fixtures, and equipment to
finished surfaces.
Review and acceptance of the design and construction of the following as
adequate for proper installation of the work:
Partition systems
Drawings and specifications performance stipulations for mechanical
and plumbing systems.
This Bid Package includes responsibility to include final connections to Owner
furnished equipment, if required.
This Subcontractor is responsible for repair of all damage to spray-on fireproofing
resulting from the work of this Bid Package.
Complete plumbing systems including but not limited to the following:
All plumbing work.
Ceiling systems
Hot water piping recirculation system.
Gas piping
Fixture rough-ins (including ventilation piping system).
Plumbing fixtures and trim.
Floor drainage system.
Roof drainage system.
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Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
SPECIFIC SUMMARY OF WORK
Bid Package No. 15C - Plumbing Systems
April 17, 2009
C17.0
C18.0
C19.0
C20.0
C21.0
ALL-01 Provide an allowance for additional fire penetration caulking of five thousand
dollars ($5,000) over and above what is indicated in the pricing documents. This
value to be included in the base bid.
This Trade Bid Package is responsible for all trenching and disposal for concrete
for plumbing systems located under slabs. All demolished concrete is to be
hauled off site. This Trade Bid Package is also responsible for concrete patch
back of plumbing floor trenches including but not limited to reinforcing epoxy
material, doweling material and concrete.
All Demolition of plumbing systems as required by the drawings and
specifications is to be the responsibility of this Subcontractor. This is to include
but not limited to all cutting and capping and removal and haul off.
ALL ALTERNATES, UNIT PRICES AND EQUIPMENT RATES MUST INCLUDE
SUBCONTRACTOR’S OVERHEAD, PROFIT AND BOND COSTS.
This bid package to use Ground Penetrating Radar (GPR) for all Slab
Penetrations.
Backfill and prep of plumbing trenches is included in this Bid Package, this
includes but is not limited to vapor barrier, doweling and all misc trench prep
work.
This Bid Package includes Providing and installing all concrete for patching of
plumbing trenches.
BID PACKAGE SPECIFIC ALLOWANCES
The following Allowance(s) is/are to be included in the Base Bid of this Bid Package.
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Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
SPECIFIC SUMMARY OF WORK
Bid Package No. 15C - Plumbing Systems
April 17, 2009
1.
1.01
1.02
1.03
1.04
1.05
1.06
1.07
1.08
1.09
1.10
1.11
1.12
1.13
1.14
GPR for penetrations ls
Scaffolding / Staging / Hoisting 1 ls
ls
1 ls
ls
Manhours to Coordinate Cutting and Patching 1
1
ls
Sawcutting, Demo of Concrete, Trenching,
Backfill, & Slab Replacement
ls
Coring / Sleeving / Firestopping
Mobilizations(s)
1
General
Coordination / Record Drawings
1
1 ls
1
ls
Valve Tags, Pipe Markers, & Charts
1General Conditions / Overhead / Profit
Excavation & Backfill 1 ls
ls
Selective Demolition - Cut, Cap, Drop to Floor,
Make Safe, and Remove from Site
Vibration Isolation & Seismic Restraint 1 ls
Phasing 1
ls
Amounts
Each Bid Package is required to provide a price breakdown of their lump sum bid, at bid time. The price
breakdown is for information and evaluation purposes only. The BID AMOUNT quoted shall be the full
compensation for each Bid Package as defined by the Scope of Work. Bid Amounts shall be broken
down as identified below.
Item #Item Description(All Items may not be part of this project)
Quantity Unit
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Discovery Place
Interior Renovations Phase 2 Formal Packages
SPECIFIC SUMMARY OF WORK
Bid Package No. 15C - Plumbing Systems
April 17, 2009
2.
2.01
2.02
2.03
2.05
2.06
2.07
3.
3.01
3.02
3.03
3.04
3.05
4.
4.01
4.02
4.03
4.04
4.05
ea
Sinks with Associated Faucet, Strainer,
Supplies, and Stops
One Piece Fiberglass / Acrylic Shower w /
Thermostatic Mixing Valve, Shower Head
Shower Base, Shower -if applicable
Lavatory with Associated Faucet, Strainer,
Supplies, and Stops
Gas Piping lf
lf
Sanitary & Vent Piping System (Conventional,
Kitchen, Laundry)
Storm / Rainleader Piping System (Storm &
Overflow)
lf
Laboratory Waste & Vent Piping System
Piping, Fittings, & Valves
Domestic Water Piping
Drainage Equipment
ea
ea
Trench Drain w / Frame & Grate
ea
ea
ea
ea
Water Closets with Associated Flush Valve,
Seat, & Trim
lf
ea
ea
Cleanouts (Floor, Wall, Dandy, IBCO)
lf
Floor Sinks
Floor Drains w / Trap Primers
Plumbing Fixtures
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Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
SPECIFIC SUMMARY OF WORK
Bid Package No. 15C - Plumbing Systems
April 17, 2009
4.06
4.07
5.
5.01
5.02
6.
6.01
6.02
6.03
6.04
6.05
6.06
6.07
7.
7.01
7.02
8.
8.1
8.2
Specialties
eaMop Basin / Janitor's Sink w / Assoc. Faucet,
Strainer, Bumper Guard, & Mop Hanger
ea
Plumbing Equipment
ea
ea
ea
Furnish Access Doors
ea
Solids Interceptor
ea
Wall Valve Boxes
ea
Emergency Eyewash
Acid Waste Studor Vent
lf
Insulation
Hose Bibbs
ls1
Domestic Water Piping System
Items Furnished FOB Jobsite for Installation by
Others
Plumbing Access Doors
Furnish Access Doors
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Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
SPECIFIC SUMMARY OF WORK
Bid Package No. 15C - Plumbing Systems
April 17, 2009
9.
9.10
9.20
10.
10.1
10.2
Unload, Store, Protect, and Install Items Furnished by
Others
Allowances
1 ls
Provide an allowance for additional fire
penetration caulking of five thousand dollars
($5,000) over and above what is indicated in
the pricing documents. This value to be
included in the base bid.
$5,000
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Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
SPECIFIC SUMMARY OF WORK
Bid Package No. 15C - Plumbing Systems
April 17, 2009
weeks
LEAD TIMES:
LEAD TIMES:
Provide the Anticipated Lead-Time for:
After Receipt of Approved Shop Drawings / Samples weeks
Provide the Anticipated Lead-Time for:
After Receipt of Approved Shop Drawings / Samples
Has a Bid Bond been Included as Indicated by the Contract Documents p Yes p No
Professional Liability Insurance ($2,000,000.00) will be Provided p Yes p No
LEAD TIMES:
Provide the Anticipated Lead-Time for:
After Receipt of Approved Shop Drawings / Samples weeks
2 Sales Tax on Materials Incorporated into the Site & Buildings
1
3 Bond Amount as Required by Contract Documents
Amounts
MISCELLANEOUS CONSIDERATIONS:
T O T A L P R I C E (Lines 1 + 2 + 3 + 4)
4 Out of Town Living Expenses for Labor Crews (IF APPLICABLE)
Subtotal
BID SUMMARY:
ENTER COMPANY NAME HERE:
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SBO PROVISIONS AND FORMS
Revised June 1, 2007
FOR
Discovery Place Renovations
Phase 2 – Plumbing Systems _____________________________________________________________________
Revised June 1, 2007 (E&PM)
1. APPLICATION: The City of Charlotte’s Small Business Opportunity Program (SBO Program) is incorporated into and made a part of this solicitation and the resulting contract (the “Contract”). Copies of the SBO Program may be obtained on-line at http://smallbiz.charmeck.org or from the SBO Office, 600 E. Fourth Street, Charlotte, North Carolina 28202-2850, Phone 704-336-2473. Capitalized terms used in this document are defined in the SBO Program. 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 Rodgers Builders, Inc. The SBO Program requires that you (a) meet the SBE Utilization Goal listed in Section 2 below; or (b) comply with the Good Faith Efforts requirements referenced in Section 3 below. Failure to comply with the SBO Program in the bid/proposal phase will constitute grounds for rejection of your bid. Failure to comply after contract award may result in assessment of damages or termination of your contract.
2. THE SBE UTILIZATION GOAL FOR THIS CONTRACT HAS BEEN SET AT: 10 % Each Bidder must submit the proposed SBE utilization on the Form 3 listing subcontractors and suppliers that will be providing goods or services and projected dollar amount for each SBE. Bidders must also indicate the total dollar value of SBE participation for the contract. In the event the bidder has no SBE participation, the Bidder is still required to indicate this on Form 3 by entering the word or number zero. Blank forms will be deemed to represent zero participation. Bids submitted which do not have the above required SBE information indicated on Form 3 may cause the bid to be considered non-responsive and it may be rejected. Form 3 must be submitted with your bid. Rodgers Builders, Inc. will only give Bidders credit toward the SBE Goal for those SBES that are certified SBEs as of the Bid Opening and that meet Part B Section 3 of the SBO Program. Please note that to count an SBE toward your SBE Utilization Goal; you will need to have that SBE sign a Letter of Intent on Form 4 (or an equivalent form containing the same information). Rodgers Builders, Inc. will request your Letters of Intent if you are a finalist for contract award, and you must submit a separate Form 4 for each SBE identified on the Form 3 within 3 Business Days after Rodgers Builders, Inc. requests it.
3. GOOD FAITH EFFORTS: IF YOU DO NOT MEET THE SBE UTILIZATION GOAL, then you
must meet the Good Faith Efforts requirements set forth in Part B Section 5 of the SBO Program. These are summarized below. Failure to do so will constitute grounds for rejection of your bid.
Documenting Good Faith Efforts. To demonstrate Good Faith Efforts compliance, you must complete and submit Form 5 Good Faith Efforts (GFE) / Statement of GFE Compliance. Form 5 states the minimum required Good Faith Efforts points for this Contract, and lists the number of points attainable for each type of Good Faith Effort. Rodgers Builders, Inc. will request your Good Faith Efforts (GFE) / Statement of GFE Compliance if you are a finalist for contract award, and you must submit Form 5 within 1 Business Days after the Rodgers Builders, Inc. requests it. It is important that you carefully review Part B Section 5 of the SBO Program as soon as possible so as to put yourself in a position to provide the documentation. Please note that the due date for Form 5 has been specifically modified and approved by the Department of Economic Development for the Discovery Place Renovation project in order to facilitate meeting the schedule requirements of the project. 3.1 SBE Contacts:
In order to receive credit for this Good Faith Effort at least 7 Calendar Days prior to Bid Opening, you must contact at least 2 SBE firms (the “Minimum Contacts”) listed in the SBE Source List provided with Rodgers Builders, Inc.’s bid or proposal packet or that can be found on the Small Business Development Program website located at http://epmcontracts.charmeck.org. Please refer to Part B Section 5.3.2 of the SBO Program regarding how these Minimum Contacts must be made and documented. Minimum Contacts must be recorded on Form 2, which is submitted along with Form 5. Please note that you must make the Minimum Contacts at least 7 Calendar Days before Bid Opening. It is important that you carefully review Part B Section 5.3.2 of the SBO Program as soon as possible so as to put yourself in a position to provide Form 2 and any other documentation as requested by Rodgers Builders, Inc.
Good Faith Negotiation. You must negotiate in good faith with all interested SBE firms. Part B Section 4.4 of the SBO Program defines what negotiating in “good faith” means. Among other things, it means that if an SBE is low bid on a contract for construction or for the procurement of goods, then you must contract with that SBE
Revised June 1, 2007 (E&PM)
unless it is not “Qualified” within the meaning of the SBO Program. To demonstrate Good Faith Negotiation Compliance you must submit good faith documentation as requested by Rodgers Builders, Inc. to support your efforts for each subcontracting opportunity identified by Rodgers Builders, Inc. for which the low bid by an SBE is not accepted. You must provide such forms and information within 1 Business Days after Rodgers Builders, Inc. requests it. Failure to comply with the requirements set forth in this section shall constitute grounds for rejecting a bid.
Self-Performance. Bidders that do not meet the SBE Utilization Goal and desire to self perform all of the Contract must nevertheless demonstrate that they complied with the Good Faith Efforts requirements as provided in Part B Section 5.6 of the SBO Program. Failure to do so shall constitute grounds for rejection of your bid. Bidders that intend to self perform may be required to submit additional documentation to Rodgers Builders, Inc. at least 14 calendar days prior to the Bid Opening to obtain clearance for self performance.
Plans and Specifications. Plans and Specifications may be viewed at Rodgers Builders, Inc., Center City office located at 400 West Trade Street, Charlotte, NC 28202. Other locations:
Richa Graphics 204 N. Tryon St.
Charlotte, NC 28202 704-333-9744
Carolinas AGC (CAGC) 1100 Euclid Ave
Charlotte NC 28203 704-372-1450
Metrolina Contractors Resource Center
3124 W. Trade Street, Suite A, 704-332-5746
Hispanic Contractors Association of Carolinas 2923 E Independence Blvd
Charlotte NC 28205 877-227-1680
4. MANDATORY SUBCONTRACTING REQUIREMENTS
Per Part B Section 2.5 of the SBO Program, City Council has the authority to establish mandatory, subcontracting requirements for certain contracts. The blank checked below indicates whether such requirements have been established for this Contract:
City Council has established a mandatory subcontracting requirement of percent ( %) for this Contract.
City Council has not established a mandatory subcontracting requirement for this Contract. 5. SBO PROGRAM PROVISIONS APPLICABLE AFTER CONTRACT AWARD
If you are awarded a Contract with Rodgers Builders, Inc., note in particular the following Sections of the SBO Program that relate to post award requirements and activity:
a. Compliance with committed SBE utilization level throughout the Contract per Part D Section 2 of the
SBO Program. b. Terminating or Replacing an SBE on a contract per Part D Section 5 of the SBO Program. c. New Subcontractor Opportunities/Additions to Scope, Contract Amendments per Part D Section 6 of the
SBO Program. d. Payments to SBEs per Part D Section 7 of the SBO Program. e. Utilization Reports and Documentation of Payments per Part D Section 8 of the SBO Program.
6. SBO CONTRACT PROVISIONS
The following provisions are incorporated into any contract that may result from this solicitation. Small Business Opportunity Program. Rodgers Builders, Inc. has adopted a Small Business Opportunity Program, which is posted on the City’s website and available in hard copy form upon request to Rodgers Builders, Inc.. The parties agree that:
(i) The terms of the City’s Small Business Program, as revised from time to time, together with all rules and
guidelines established under such program (collectively, the “SBO Program”) is incorporated into this Agreement by reference; and
(ii) A violation of the SBO Program shall constitute a material breach of this Agreement, and shall entitle Rodgers Builders, Inc. to exercise any of the remedies set forth in Part D of the SBO Program, including but not limited to liquidated damages; and
Revised June 1, 2007 (E&PM)
(iii) Without limiting any of the other remedies Rodgers Builders, Inc. has under the SBO Program, Rodgers Builders, Inc. shall be entitled to withhold periodic payments and final payment due to the Contractor under this Agreement until Rodgers Builders, Inc. has received in a form satisfactory to Rodgers Builders, Inc. all claim releases and other documentation required by the City’s SBO Program, and 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 G.S. 143-134.1; and
(iv) The remedies set forth in Part D Section 13 of the SBO Program shall be deemed cumulative and not exclusive and may be exercised successively or concurrently, in addition to any other available remedy; and
(v) Rodgers Builders, Inc. will incur costs if the Contractor violates the SBO Program, and such costs are difficult to ascertain due to their indefiniteness and uncertainty. Accordingly, the Contractor agrees to pay Rodgers Builders, Inc. liquidated damages at the rates set forth in Part D of the SBO Program.
(vi) The Contractor agrees to participate in any dispute resolution process specified by Rodgers Builders, Inc. from time to time for the resolution of disputes arising from the SBO Program.
(vii) Nothing in this Section shall be construed to relieve a Contractor from any obligation it may have under N.C. Gen. Stat. 143-134.1 regarding the payment of subcontractors.
Remedies for Violation of SBO Program. A violation of the SBO Program by a Contractor shall constitute a material breach of the Contract, and shall entitle Rodgers Builders, Inc. or private owner to:
(i) Exercise all rights and remedies that it may have at law or at equity for violation of the SBO Program;
Terminate the Contract for default; (ii) Suspend the Contract for default; (iii) Withhold all payments due to the Contractor under the Contract until such violation has been fully cured
or Rodgers Builders, Inc. and the Contractor have reached a mutually agreeable resolution; (iv) Assess liquidated damages as provided in the following Part D Section 13.2; and/or (v) Offset any liquidated damages and/or any amounts necessary to cure any violation of the SBO Program
from any retainage being held by Rodgers Builders, Inc. on the Contract, or from any other amounts due to the Contractor under the Contract.
The remedies set forth herein shall be deemed cumulative and not exclusive, and may be exercised successively or concurrently, in addition to any other available remedy.
Liquidated Damages. Rodgers Builders, Inc. and the Contractor acknowledge and agree that Rodgers Builders, Inc. will incur costs if the Contractor violates the SBO Program in one or more of the ways set forth below. The parties further acknowledge and agree that Rodgers Builders, Inc. will incur damages as a result of such failure, but that the costs Rodgers Builders, Inc. might reasonably be anticipated to accrue as a result of such failures are difficult to ascertain due to their indefiniteness and uncertainty. Accordingly, the Contractor agrees to pay Rodgers Builders, Inc. liquidated at the rates set forth below for each specified violation of the SBO Program. The Contractor further agrees that for each specified violation the agreed upon liquidated damages are reasonably proximate to the loss Rodgers Builders, Inc. will incur as a result of such violation:
(i) Failure to meet the SBE Goal. If Rodgers Builders, Inc. determines upon completion or termination of
a Contract that the Contractor did not meet the Committed SBE Goal and that such failure is not otherwise excused under Part D Section 2, Rodgers Builders, Inc. may assess the lesser of : (a) $30,000 or (b) the dollar difference between the Committed SBE Goal and the Contractor’s actual SBE utilization;
(ii) Using SBE as a Conduit. If the Contractor lists an SBE to receive credit toward a Committed SBE Goal with knowledge that the SBE will be acting as a Conduit or will not be performing a Commercially Useful Function reasonably commensurate with the payment amount for which the Contractor will be seeking credit, Rodgers Builders, Inc. may assess the lesser of: (a) $20,000 or (b) the dollar amount the Contractor indicated that it would pay such SBE in the SBEs contract (or if no contract has been signed, the SBE’s Letter of Intent);
(iii) Wrongful Termination or Replacement of SBE Services. If the Contractor terminates or replaces an SBE in violation of the SBO Program, Rodgers Builders, Inc. may assess the lesser of: (a) $20,000 or (b) the dollar amount of the work remaining to be performed by the terminated SBE at the time it was
Revised June 1, 2007 (E&PM)
terminated (or if the SBE was not terminated because it was never retained, then, the dollar amount that the Contractor indicated it would pay the SBE in the SBE’s letter of intent) or ;
(iv) Failure to Comply with SBO Program Upon Termination or Withdrawal by SBE. If the Contractor fails to comply with Part D Section 5 of the SBO Program upon the termination or withdrawal of an SBE the City may assess the lesser of: (a) $20,000 or (b) the dollar amount of the work remaining to be performed by the SBE that withdrew or was terminated at the time of the termination or withdrawal;
(v) Failure to Comply with SBO Program to Add New Subcontractors. If the Contractor fails to comply with Part D of the SBO Program in adding new subcontractors to a Contract, or in the event of a Contract amendment or increase in the scope of work on a contract, Rodgers Builders, Inc. may assess the lesser of: (a) $20,000; or (b) the dollar amount of the new or additional work;
(vi) False Statements and Misrepresentations. If the Contractor makes a false statement or material misrepresentation regarding any matter relevant to the SBO Program (including but not limited to information provided regarding payments made to SBEs), Rodgers Builders, Inc. may assess the lesser of: (a) $25,000; or (b) the dollar difference between what the Contractor represented and the truth;
(vii) Failure to Respond to Request for Information. If the Contractor fails to provide any report, documentation, affidavit, certification or written submission required under the SBO Program within the time period ser forth therein, Rodgers Builders, Inc. may assess $25 per day for each day that such report, documentation or written submission is overdue.
7. SBO FORMS
Bidders shall submit the following forms with Bid document or at a time specified:
Submission Requirements Form No. Notification of Subcontractor / Purchasing Opportunities. Identifies all the subcontracting or supplier opportunities available on the Contract.
Submission is optional. If submitted, it must be received by Rodgers Builders, Inc. fourteen (14) Calendar Days before the Bid Opening date.
Form 1
SBE Solicitation. Identifies all SBEs the Bidder contacted or those that contacted the Bidder and the scope of work for which they were contacted. Includes date and method of contact for SBE firms. Good Faith Negotiation is documented on this form.
Rodgers Builders, Inc. will request this form from finalists for contract award. Must submit within three (3) Business Days after requested by Rodgers Builders, Inc.
Form 2
Subcontractor / Supplier Utilization Commitment. Identifies all subcontractors, suppliers, manufacturers, brokers and/or members of a joint venture to be utilized on the contract and dollar amounts committed to SBEs. Bidders must include all subcontractors known at the time the Bid or proposal is submitted.
Due with bid.
Form 3
Letter of Intent. Bidders must submit a separate Letter of Intent executed by each SBE listed on Form 3 that the Bidder will use on the Contract.
Rodgers Builders, Inc. will request this form from finalists for contract award. Must submit within three (3) Business Days after requested by Rodgers Builders, Inc.
Form 4 or alternative as permitted by the City
Good Faith Efforts (GFE) / Statement of GFE Compliance. States the minimum GFE points required for this solicitation and the number of points attributable to each GFE item. Bidder must check each GFE item for which it earned points, as described in Part C Section 5.3 of the SBO Program.
Rodgers Builders, Inc. will request this form from finalists for contract award. Must submit within one (1) Business Days after requested by Rodgers Builders, Inc.
Form 5
Revised June 1, 2007 (E&PM)
Payment Affidavit. Contractor shall provide with each pay request to Rodgers Builders, Inc. a payment affidavit showings payments made to all subcontractors, suppliers, manufacturers, brokers, and / or members of a joint venture in connection with the contract.
Due with each pay request. Form 6 or alternative proof as permitted by the City
All SBO Forms are also available on-line at http://epmcontracts.charmeck.org. Forms must be received by fax, e-mail or US Mail.
8. Please find below a list of activities that Rodgers Builders, Inc. has identified as potential Small Business
Enterprise (SBE) subcontracting opportunities. This is a potential listing not all inclusive. Bidder may identify additional or different opportunities.
NIGP Code Description
65800 Pipe and Tubing 65900 Pipe Tube Fittings 65997 Pipe Fittings, Misc 91339 Construction, Pipe Culvert 91340 Construction, Pipeline 91468 Plumbing 93462 Pipe and Pipe Fittings Maintenance 93464 Plumbing Equipment and Fixtures 96269 Temporary Labor
A list of SBE vendors can be accessed at the following Website: http://smallbiz.charmeck.org A SBE vendor source list is also included herein.
PLUMBING SBE LIST
by NIGP Code 65800 - PIPE AND TUBING LSC Supply, LLC VMS #: SM9690 Physical 555 Gatsbt PL NW Contact: Lisa S. Cunningham Address: Concord NC 28027 Phone: (980) 521-3312 Fax: (704) 784-4405 Mailing P.O. Box 1090 E-Mail: [email protected] Address: Concord NC 28026 Website: Certification Dates: SBE-May 3 2007 - May 3 2010 , MWBE-May 3 2007 - May 3 2010
65900 - PIPE AND TUBING FITTINGS LSC Supply, LLC VMS #: SM9690 Physical 555 Gatsbt PL NW Contact: Lisa S. Cunningham Address: Concord NC 28027 Phone: (980) 521-3312 Fax: (704) 784-4405 Mailing P.O. Box 1090 E-Mail: [email protected] Address: Concord NC 28026 Website: Certification Dates: SBE-May 3 2007 - May 3 2010 , MWBE-May 3 2007 - May 3 2010
Measurement Controls Inc. VMS #: SM9105 Physical 6131 Old Concord RD Contact: Paresh Patel Address: Charlotte NC 28213 Phone: (704) 921-1101 Fax: (704) 921-1010 Mailing P.O. Box 562775 E-Mail: [email protected] Address: Charlotte NC 28256 Website: www.measurementcontrols.com Certification Dates: MWBE-Aug 24 2006 - Aug 24 2009 , SBE-Aug 24 2006 - Aug 24 2009
65997 - Pipe Fittings, Misc. (Not Otherwise Classified) Dynamites Portable Welding VMS #: SM13529 Physical 10120 Green Hedge AV Contact: Belinda Royal Address: Charlotte NC 28269 Phone: (704) 634-8777 Fax: (704) 948-6312 Mailing E-Mail: [email protected] Address: Website: Certification Dates: SBE-Sep 28 2005 - Sep 28 2008 , MWBE-Sep 28 2005 - Sep 28 2008
91339 - Construction, Pipe Culvert Harvest Environmental Services VMS #: S10067 Physical 551 East Hebron ST Contact: Richard S. Massey Address: Charlotte NC 28273 Phone: (704) 553-0717 Fax: (704) 553-0758 Mailing P.O. Box 240066 E-Mail: [email protected] Address: Charlotte NC 28224 Website: www.harvestenvironmental.com Certification Dates: SBE-Jul 13 2007 - Jul 13 2010
M.H. Graves Construction Co. VMS #: SM12589 Physical 5424 Amado ST Contact: Marcus Graves Address: Charlotte NC 28215 Phone: (704) 719-9963 Fax: (704) 719-9963 Mailing E-Mail: [email protected] Address: Website: Certification Dates: MWBE-Jul 25 2007 - Jul 25 2010 , SBE-Jul 25 2007 - Jul 25 2010
Page 1 of 4 Discovery Place Renovations - Phase 2 -Plumbing
91339 - Construction, Pipe Culvert Reliable Woodworks, Inc. VMS #: S9165 Physical 2989 Old Salisbury RD Contact: Tammy S. Airheart Address: Concord NC 28025 Phone: (704) 785-9663 Fax: (704) 785-9666 Mailing 2989 Old Salisbury RD E-Mail: [email protected] Address: Concord NC 28025 Website: Certification Dates: SBE-Feb 20 2007 - Feb 20 2010
State Construction Company of the Carolinas, LLC VMS #: SM8496 Physical 3901 Joe ST Contact: April Thomas Fuller Address: Charlotte NC 28206 Phone: (704) 596-0069 Fax: (704) 598-6273 Mailing P.O. Box 26415 E-Mail: [email protected] Address: Charlotte NC 28221 Website: Certification Dates: MWBE-Aug 2 2007 - Aug 2 2010 , SBE-Aug 2 2007 - Aug 2 2010
W.C. Black & Sons, Inc VMS #: S15096 Physical 5108 Chaviot RD Contact: Jason Black Address: Charlotte NC 28269 Phone: (704) 597-5954 Fax: (704) 597-5954 Mailing E-Mail: [email protected] Address: Website: Certification Dates: SBE-Apr 17 2006 - Apr 17 2009
91340 - Construction, Pipeline King of Kings Construction, LLC VMS #: SM16577 Physical 5929 Hamilton Oaks DR Contact: Richard Miller Address: Charlotte NC 28216 Phone: (704) 281-7297 Fax: Mailing E-Mail: [email protected] Address: Charlotte NC 28216 Website: www.kingofkingsnc.com Certification Dates: MWBE-Oct 9 2007 - Oct 9 2010 , SBE-Oct 9 2007 - Oct 9 2010
91468 - Plumbing Burris Plumbing, Inc. VMS #: SM12147 Physical 3414 Hatwynn RD Contact: Brenda Burris Address: Charlotte NC 28269 Phone: (704) 510-2123 Fax: (704) 510-2077 Mailing P.O. Box 480263 E-Mail: [email protected] Address: Charlotte NC 28269 Website: Certification Dates: MWBE-Mar 9 2005 - Mar 9 2008 , SBE-Mar 9 2005 - Mar 9 2008
Chartia Construction Company, Inc. VMS #: SM15175 Physical 2821 Liatris LN Contact: Troy Walker Address: Charlotte NC 28213 Phone: (704) 509-5542 Fax: (704) 509-5542 Mailing E-Mail: [email protected] Address: Website: Certification Dates: SBE-Feb 23 2007 - Feb 23 2010 , MWBE-Feb 23 2007 - Feb 23 2010
Page 2 of 4 Discovery Place Renovations - Phase 2 - Plumbing
91468 - Plumbing Elm Engineering, Inc. VMS #: SM13890 Physical 212 S Tryon ST Contact: Mary C. Reitterer Address: Charlotte NC 28281 Phone: (704) 335-0396 Fax: (704) 335-0399 Mailing E-Mail: [email protected] Address: Website: www.elmengr.com Certification Dates: SBE-Jun 30 2005 - Jun 30 2008 , MWBE-Sep 29 2005 - Sep 29 2008
Miller Plumbing Contractor, Inc. VMS #: SM10071 Physical 6744 Plyler RD Contact: Phyllis R. Miller Address: Kannapolis NC 28081 Phone: (704) 938-9030 Fax: (704) 938-9030 Mailing 604 Hillside ST E-Mail: Address: Kannapolis NC 28081 Website: Certification Dates: MWBE-Aug 7 2007 - Aug 7 2010 , SBE-Jan 23 2008 - Jan 23 2011
New Millennium Plumbing LLC VMS #: SM8951 Physical 1810 Birch Heights CT Contact: Johnny Heyward Address: Charlotte NC 28213 Phone: (704) 309-9565 Fax: (704) 535-3239 Mailing PO Box 25605 E-Mail: [email protected] Address: Charlotte NC 28229 Website: Certification Dates: SBE-Jan 24 2007 - Jan 24 2010 , MWBE-Jan 24 2007 - Jan 24 2010
Pipeline Solutions Plumbing VMS #: S13673 Physical 6225 Eagle Peak DR Contact: Timothy A. Thomas Address: Charlotte NC 28214 Phone: (704) 651-2923 Fax: (704) 391-5522 Mailing E-Mail: [email protected]; Address: Website: Certification Dates: SBE-Sep 26 2005 - Sep 26 2008
Reed's Plumbing Company, Inc VMS #: SM15626 Physical 1532 Running Brook RD Contact: Lori Reed Address: Charlotte NC 28214 Phone: (704) 399-7785 Fax: (704) 399-0908 Mailing E-Mail: [email protected] Address: Website: [email protected] Certification Dates: MWBE-Oct 10 2006 - Oct 10 2009 , SBE-Oct 10 2006 - Oct 10 2009
Williams Realty & Remodeling, Inc. VMS #: SM17186 Physical 2317 Laura DR Contact: Michael Williams Address: Charlotte NC 28212 Phone: (704) 804-1112 Fax: (704) 804-1112 Mailing E-Mail: williamsrealtyand [email protected] Address: Website: www.myspace.com/williamsremodeling Certification Dates: MWBE-Feb 8 2008 - Feb 8 2011 , SBE-Feb 8 2008 - Feb 8 2011
93462 - Pipe and Pipe Fittings Maintenance and Repair Evans Welding Services, Inc. VMS #: SM8142 Physical 1908 Little Rock RD Contact: Sam Evans Address: Charlotte NC 28214 Phone: (704) 395-9400 Fax: (704) 395-9440 Mailing E-Mail: [email protected] Address: Website: Certification Dates: SBE-Jan 8 2008 - Jan 8 2011 , MWBE-Jan 8 2008 - Jan 8 2011
Page 3 of 4 Discovery Place Renovations - Phase 2 - Plumbing
93464 - Plumbing Equipment and Fixtures, Maintenance and Repair Burris Plumbing, Inc. VMS #: SM12147 Physical 3414 Hatwynn RD Contact: Brenda Burris Address: Charlotte NC 28269 Phone: (704) 510-2123 Fax: (704) 510-2077 Mailing P.O. Box 480263 E-Mail: [email protected] Address: Charlotte NC 28269 Website: Certification Dates: MWBE-Mar 9 2005 - Mar 9 2008, SBE-Mar 9 2005 - Mar 9 2008
New Millennium Plumbing LLC VMS #: SM8951 Physical 1810 Birch Heights CT Contact: Johnny Heyward Address: Charlotte NC 28213 Phone: (704) 309-9565 Fax: (704) 535-3239 Mailing PO Box 25605 E-Mail: [email protected] Address: Charlotte NC 28229 Website: Certification Dates: SBE-Jan 24 2007 - Jan 24 2010, MWBE-Jan 24 2007 - Jan 24 2010
96269 - Personnel Services, Temporary Absolute Business Connections, Inc. VMS #: SM16725 Physical 5701 Executive Center DR Contact: Donna Rodgers Address: Charlotte NC 28212 Phone: (704) 537-0010 Fax: (704) 537-0701 Mailing P.O. Box 25767 E-Mail: [email protected] Address: Charlotte NC 28212 Website: www.absolutebusinessconnections.com Certification Dates: SBE-Sep 24 2007 - Sep 24 2010 , MWBE-Sep 24 2007 - Sep 24 2010
C.C. Smith Construction, Inc. VMS #: SM8330 Physical 9111 Washam Potts RD Contact: Zandra Smith Address: Cornelius NC 28031 Phone: (704) 890-1909 Fax: (704) 892-6137 Mailing 1022 Carter AV E-Mail: [email protected] Address: Charlotte NC 28206 Website: Certification Dates: SBE-Apr 7 2006 - Apr 7 2009 , MWBE-Apr 7 2006 - Apr 7 2009
Pro Labor Power VMS #: SM8377 Physical 9009 Albemarle RD Contact: Robert Janda Address: Charlotte NC 28227 Phone: (704) 491-0678 Fax: (815) 717-7413 Mailing 9009 Albemarle RD E-Mail: [email protected] Address: Charlotte NC 28227 Website: Certification Dates: MWBE-Feb 5 2007 - Feb 5 2010 , SBE-Feb 5 2007 - Feb 5 2010
Page 4 of 4 Discovery Place Renovations - Phase 2 - Plumbing
Small Business Opportunity Program
Revised June 1, 2007
Notification of Subcontracting / Purchasing Opportunities SBOP Form 1
** Per Part B, Section 5.3.1 of the SBO Program, in order to receive credit as a Good Faith Effort (GFE), a Bidder must provide to Rodgers Builders Inc., no later than 14 Days before Bid Opening this Form 1 or another document providing the same information. (POTENTIAL GFE Points: 15)
Bidder Name:
Project Name: Discovery Place Renovation – Phase 2 – Plumbing Project Number: 512-06-023
Identify the portions of the contract for which there are intended subcontractor, supplier, or service provider opportunities.
NIGP code Description of Service or Goods (as identified in bid)
Submit this form to: Jasmine Hines
E-mail: [email protected]
Fax Number: 704-372-3341
Small Business Opportunity Program
Revised June 1, 2007
SBE Solicitation Form SBOP Form 2 Copy this Form as needed. (page 1 of 2)
** Per Part B, Section 5.3.2.3 of the SBO Program, in order to receive credit for Contacting SBEs, a Bidder must submit an SBE Solicitation Form (Form 2) within one (1) Business Days after requested by Rodgers Builders, Inc. (POTENTIAL GFE Points: 10)
Bidder Name:
Project Name: Discovery Place Renovation – Phase 2 – Plumbing Project Number: 512-06-023
SBE Firm: Contact Person: NIGP Code: Scope of Work: Initial Contact Date: Method: Phone Fax Email Courier Mail In person Follow-up: Date: Method: Phone In person Response: No response Not bidding Is bidding $ ______________ Other (explain) Selected? Yes No SBE Firm: Contact Person: NIGP Code: Scope of Work: Initial Contact: Date: Method: Phone Fax Email Courier Mail In person Follow-up: Date: Method: Phone In person Response: No response Not bidding Is bidding $ ______________ Other (explain) Selected? Yes No SBE Firm: Contact Person: NIGP Code: Scope of Work: Initial Contact: Date: Method: Phone Fax Email Courier Mail In person Follow-up: Date: Method: Phone In person Response: No response Not bidding Is bidding $ ______________ Other (explain) Selected? Yes No SBE Firm: Contact Person: NIGP Code: Scope of Work: Initial Contact: Date: Method: Phone Fax Email Courier Mail In person Follow-up: Date: Method: Phone In person Response: No response Not bidding Is bidding $ ______________ Other (explain) Selected? Yes No SBE Firm: Contact Person: NIGP Code: Scope of Work: Initial Contact: Date: Method: Phone Fax Email Courier Mail In person Follow-up: Date: Method: Phone In person Response: No response Not bidding Is bidding $ ______________ Other (explain) Selected? Yes No
Small Business Opportunity Program
Revised June 1, 2007
SBE Solicitation Form SBOP Form 2 Copy this Form as needed. (page 2 of 2)
Pursuant to Part B, Section 4.4 of the SBO Program (Failure to Negotiate In Good Faith), Rodgers Builders, Inc. may find that a Bidder did not meet its Good Faith Negotiation obligation if in Rodgers Builders’ judgment, the Bidder rejects an Interested SBE’s bid for reasons other than: (a) the SBE’s bid was higher than what was proposed by the subcontractor or supplier the Bidder decided to use or higher than the Bidder’s cost of performing such work on its own; (b) the SBE was not a “Qualified SBE” as defined in Part A; or (c) the Business Enterprise that will be performing in place of the Interested SBE is more qualified than the Interested SBE, to the extent that such difference in qualification would materially impact the Bidder’s Bid, or (d) there was a material deficiency with the Interested SBE’s bid (such as it being submitted late, containing inaccurate information, etc.). The undersigned certifies that the information submitted on this Form 2 is true and accurate as of the date indicated below. The undersign further certifies that contacts by U.S. Postal Service, telephone conversations and in person contacts documented on this Form 2 were made in accordance with the requirements of Part B, Section 5.3.2 of the SBO Program and that this shall satisfy as the affidavit confirming such contacts.
Company
Signature of Authorized Official Title Submittal Date
Sworn to before me this day of __________________________ , 200____
NOTARY PUBLIC
My commission expires on
Small Business Opportunity Program
Revised June 1, 2007
Subcontractor / Supplier Utilization Commitment SBOP Form 3 This form MUST be submitted with your bid. (page 1 of 2)
Bidder Name:
Project Name: Discovery Place Renovation – Phase 2 - Plumbing Project Number: 512-06-023
1. Below is a list of all SBEs that you intend to use on this contract
SBE Name Description of work / materials NIGP code VMS # Total Projected $
I acknowledge that I have inquired with each SBE listed above as to their Certification Status (i.e. - the SBE expiration date)
2. Below is a list of all non-SBEs that you intend to use on this contract
Firm Name Description of work / materials NIGP code VMS #
Total Subcontractor / Supplier Utilization (including SBEs and Non-SBEs) $ Total SBE Utilization $
Total Bid Amount (including Contingency) $ Percent SBE Utilization (Total SBE Utilization divided by Total Bid Amount) %
** If SBE Goal is not met, please provide an explanation here:
Signature of Authorized Official Printed Name Title Submittal Date
Small Business Opportunity Program
Revised June 1, 2007
Subcontractor / Supplier Utilization Commitment SBOP Form 3 This form must be submitted with your bid. (page 2 of 2)
All Subcontractors and Suppliers must be registered with the City of Charlotte. Pursuant to Appendix A, Section 8 of the SBO Policy, each subcontractor or supplier (non-SBE and SBE subcontractors) that you use on this contract must be registered in the City’s vendor registration database. You will need to provide the vendor registration number for each subcontractor and supplier used on this contract as a condition for receiving final payment on this Contract. What happens if you add 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, pursuant to Part D of the SBO Program, you must comply with the following:
• You must maintain the level of SBE participation proposed on this form throughout the duration of the Contract, except as specifically allowed in Part D, Section 2.2.
• If you need to add or replace an SBE, you must comply with Part D, Section 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 Part D, Section 6.
Subcontractor/Supplier Utilization Commitment Pursuant to Part B, Section 3.6, Rodgers Builders Inc. Solicitation Documents for each Construction Contract will include a form labeled “Subcontractor/Supplier Utilization Commitment” (“Form 3”), which captures information regarding the SBEs and other subcontractors and suppliers that the Bidder intends to use on the Contract. Failure to properly complete and submit Form 3 with the Bid constitutes grounds for rejection of the Bid. Pursuant to Part B, Section 3.7, within (3) Business Days after receiving a request from Rodgers Builders, Inc (or within such longer time as may be communicated by Rodgers Builders, Inc. in writing), Bidders must submit a separate Letter of Intent for each SBE listed on Form 3. Bidders may use the Letter of Intent that Rodgers Builders, Inc. provides with Rodgers Builders, Inc.’s Solicitation Documents or may use an alternative form if it contains the same information as Form 4. Regardless of the form, each Letter of Intent must be executed by both the SBE and the Bidder. Rodgers Builders, Inc. shall not count proposed SBE utilization for which it has not received a Letter of Intent within such time period, unless the SBE certifies to Rodgers Builders, Inc. that it originally agreed to participate in the Contract at the level reported by the Bidder, but subsequently declined to do so.
Signature Your signature on the preceding page indicates that the undersigned Company certifies and agrees that (a) it has complied with all provisions of the SBO Program and (b) failure to properly document such compliance in the manner and within the time periods established by the SBO Program shall constitute a forfeiture of the Company’s bid bond, and shall entitle Rodgers Builders, Inc. to recover under the bid bond and, (c) in the absence of a bid bond, such failure shall entitle Rodgers Builders, Inc. to recover damages for breach of contract.
Small Business Opportunity Program
Revised June 1, 2007
Letter of Intent SBOP Form 4
** Per Part B, Section 3.7, Bidders must submit a separate Letter of Intent for each SBE listed on Form 3 within (3) Business Days after receiving a request from Rodgers Builders, Inc. Bidders may use the Form 4 provided with Rodgers Builders, Inc.’s Solicitation Documents or an alternative form containing the same information as Form 4. Each LOI must be executed by both the SBE and the Bidder.
Pursuant to Part D, Section 5.3.1, Bidders shall also be required to provide a Form 4 for each SBE they add to a Contract subsequent to Contract award. Bidder Name:
Project Name: Discovery Place Renovation – Phase 2 - Plumbing Project Number: 512-06-023
Bidders must submit a separate Letter of Intent for each SBE listed on Form 3 and this form must be signed by both the Bidder and SBE firm.
A. To be completed by the Bidder/Service Provider
Name of Bidder:
Address:
Contact Person:
Telephone: Fax:
I, the bidder, acknowledge a QuickPay Commitment or QuickPay Agreement has been extended to this SBE for the work identified below, and that I have submitted, either previously or with this Form, a copy of said Agreement. YES NO
B. To be completed by SBE at any tier Name of SBE:
Address:
Contact Person:
Telephone: Fax:
I, the SBE, certify that my SBE Certification Profile is active and up to date. Certification Expiration Date: / / .
C. Identify in complete details the scope of work to be performed or item(s) to be supplied by the SBE. On unit price bids, identify which bid line item the SBE’s scope of work or supply corresponds:
D. Cost of work to be performed by SBE: $
E. Cost of work to be performed by SBE as a percentage of total amount of City contract: %
Bidder certifies that it intends to utilize the SBE listed above, and that the description, cost and percentage of work to be performed by the SBE as described above is accurate. The SBE Firm certifies that it has agreed to provide such work/supplies for the amount stated above.
Bidder: Date: Signature and Title
SBE Firm: Date: Signature and Title
Small Business Opportunity Program
Revised June 1, 2007
Good Faith Efforts (GFE) and Statement of GFE Compliance SBO Form 5 If NOT meeting the goal, Bidder must submit this form within one business days after Rodgers Builders, Inc. requests it. (Page 1 of 3)
Bidder Name:
Project Name: Discovery Place Renovation – Phase 2 - Plumbing Project Number: 512-06-023
Below is a list of Good Faith Efforts as defined in Part B: Section 5.3. To the left of each item is the number of points assigned to that item for this project. Please place an “X” in the first column for each item you are claiming credit. Failure to achieve the minimum number of Good Faith Efforts points stated in the blank below constitutes grounds for rejection of your bid.
Minimum Number of GFE Points Required: 170
15 Section 5.3.1: Notification of Subcontracting Opportunities. Providing to Rodgers Builders, Inc. not later than fourteen (14) calendar days prior to Bid Opening a list of the areas in which the Bidder intends to seek subcontractors and suppliers. The Bidder may report this information on Form 1 or on another document providing the same information as Form 1.
10
Section 5.3.2: SBE Contacts: To receive credit for this GFE, the Bidder must contact a minimum number of SBEs, as specified in Rodgers Builders, Inc. Solicitation Documents. Further, a Bidder must submit an SBE Solicitation Form (“Form 2”) within 3 Business Days after Rodgers Builders, Inc. requests it, unless a different time is specified in Rodgers Builders, Inc. Solicitation Documents.
A Bidder must make the required contacts not less than 7 Days before Bid Opening to receive credit. Refer to Part B, Section 5.3.2 of the SBO Policy for requirements of the Solicitation Method, Solicitation Content, and Solicitation Documentation.
10
Section 5.3.3: Making Plans Available. Making any project descriptions, construction plans, specifications or requirements applicable to the project available for review by Interested SBEs at least seven (7) calendar days before Bid Opening.
To satisfy this requirement, the Bidder must either: (a) provide SBEs with a hard copy of the Project Documents via an acceptable means of document delivery; OR (b) provide necessary physical access and adequate time for SBEs to fully review the Project documents at the Bidder’s place of business within the Charlotte MSA or, if the Bidder has no place of business within the Charlotte MSA, at an alternate location within the Charlotte MSA where the information can be reviewed at no cost to SBEs; AND (c) notify all SBEs contacted as part of the Bidder’s Section 5.3.2 SBE contacts of the locations (including the address) where plans, specifications, and other documents applicable to the Project, can be reviewed.
15 Section 5.3.4: Breaking Down Work. To receive credit for this GFE, the Bidder MUST: (a) notify SBEs as part of a Bidder’s Section 5.3.2 SBE Contacts that the Bidder is willing to divide or combine elements of work into economically feasible units on a case-by-case basis to facilitate SBE participation, and (b) negotiate in good faith with any SBEs that request such divisions.
10 Section 5.3.5: Attendance at Pre-Bid. To receive credit for this GFE, the Bidder must attend any pre-bid meetings scheduled by Rodgers Builders, Inc. for the Contract in question.
15
Section 5.3.6: Conducting a Pre-Bid for SBEs. To receive credit for this GFE, the Bidder MUST conduct a pre-bid meeting for SBEs at least three (3) Business days prior to Bid Opening. The pre-bid meeting must take place within Mecklenburg County, or, if the Bidder has no place of business within Mecklenburg County, at an alternate location within the Charlotte MSA. Not less than 48 hours before the pre-bid meeting, the Bidder must communicate the time and location of the meeting to the SBEs that the Bidder is required to contact to earn GFE points under Section 5.3.2.
40
Section 5.3.7: Training and Mentoring. A Bidder may receive credit for this GFE in one of two (2) ways: (a) Training: Providing training or mentoring to at least two (2) SBEs within 120 days before Bid Opening and the Bidder
must have the training or mentoring certified by the Program Manager.
(b) SBDP Mentor-Protégé Program. The Bidder may also receive credit for this GFE if the Bidder demonstrates that it is participating in the Small Business Development Mentor-Protégé program and that it is a mentor in good standing. The Program Manager shall have the discretion to deny credit for mentoring and training if the mentor is not in good standing.
Small Business Opportunity Program
Revised June 1, 2007
Good Faith Efforts (GFE) and Statement of GFE Compliance SBO Form 5 (Page 2 of 3)
Bidder Name:
Project Name: Discovery Place Renovation – Phase I - Plumbing Project Number: 512-06-023
10
Section 5.3.8: Working with SBE Assistance Organizations. To receive credit for this GFE, the Bidder must document that they have performed one of the following within the (120) day period preceding the Bid Opening for an SBE Assistance Organization as defined in Appendix 1 of Part A:
(a) Provide location for SBE Assistance Organization Event: Providing a meeting location for the SBE Assistance Organization to host a regular meeting or special event at no cost or at a reduced rate.
(b) Provide training for SBE Assistance Organization members: Providing training or facilitating workshops aimed at increasing the capacity or skill level or the SBE Assistance Organization members, or participating in training or a workshop sponsored by the SBE Assistance Organization.
(c) Contracting with new SBE: Documenting that the SBE Assistance Organization helped to identify an SBE with whom the Bidder subsequently subcontracted work (whether on a City Construction Contract or other contract). Rodgers Builders, Inc. will not give the Bidder credit for this GFE if the Bidder contracts with an SBE that the Bidder has used on previous projects.
20
Section 5.3.9: Bonding or Insurance Assistance on Construction Contract. To receive credit for this GFE, the Bidder must assist an SBE in obtaining its own bond or insurance coverage for a City contract or another contract by (a) providing direct assistance, (b) showing that the SBE did not have access to the bond or insurance coverage before the Bidder’s assistance; and (c) providing the assistance within the 120 Days preceding the Bid Opening.
To document satisfaction of this GFE, the Bidder must submit: (a) the name of the SBE; (b) a description of the assistance the Bidder provided; (c) the date the Bidder provided the assistance; (d) the name of a contact person with the SBE who can verify that the Bidder provided the assistance; and (e) any additional information requested by Rodgers Builders, Inc.
20
Section 5.3.10: Covering Subcontractors Under Bidder’s Bond or Insurance on the Construction Contract Up for Award. To receive credit for this GFE, the Bidder must commit to cover one or more SBEs under the Bidder’s bond or insurance for work that the Bidder and Rodgers Builders, Inc. would typically require a bond, without requiring the SBEs to provide their own bond or insurance coverage. To document satisfaction of this GFE, the Bidder must (a) identify the SBE to which the Bidder made the commitment; and (b) document that such commitment was communicated to the SBE before the Bidder received the SBE’s bid. Bidders will not receive credit for bonding SBEs on work for which Rodgers Builders, Inc. does not typically require a bond, such as hauling.
20
Section 5.3.11: Entering Into Joint Venture with SBEs. To receive credit for this GFE, the Bidder must document the existence of a Joint Venture agreement between the Bidder and an SBE that increases opportunities for SBE business participation, whether on City Contracts or other contracts. To document satisfaction of this GFE, Bidders must document that they have entered into such an agreement within the 120 Days before the Bid Opening, and such documentation must include; (a) the name of the SBE; (b) a description of the Joint Venture; (c) evidence of the date the Bidder and the SBE entered into the agreement; and (d) the name of a contact person with the SBE who can verify the terms of the agreement.
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Section 5.3.12: Facilitating Joint Ventures between SBEs. To receive credit for this GFE, the Bidder must within the 120 Days before the Bid Opening facilitate a Joint Venture agreement between SBEs that would not otherwise be able to participate in the Construction Contract. To document satisfaction of this GFE, the Bidder must: (a) comply with Section 3.4.4 (b) submit the names of the two SBEs for which the Bidder facilitated a Joint Venture; (c) provide a description of the steps the Bidder took to facilitate the Joint Venture; and (d) provide a statement from at least one of the SBEs indicating that it would not have been able to participate in the Construction Contract but for the Joint Venture. Additionally, the SBE Joint Venture must be listed on Form 3 as an SBE participating in the Construction Contract for which the Bidder is submitting a Bid.
25
Section 5.3.13: Financial Assistance. To receive credit for this GFE, the Bidder must provide one of the following types of assistance to an SBE during the preceding 90 Days before Bid Opening: (a) assistance in obtaining equipment, a loan, capital, lines of credit, (b) joint pay agreements or guaranties to secure loans, the purchase of supplies, or letters of credit, including waiving credit that is ordinarily required; or (c) assistance in obtaining the same unit pricing with the Bidder’s suppliers as the Bidder. Such assistance may be in connection with a City Construction Contract or any other contract.
To receive credit for this GFE, Bidders must document: (a) the name of the SBE; (b) the description of the assistance the Bidder provided; (c) the date the Bidder provided the assistance; and (d) the name of a contact person with the SBE who can verify that the Bidder provided the assistance was provided.
Small Business Opportunity Program
Revised June 1, 2007
Good Faith Efforts (GFE) and Statement of GFE Compliance SBO Form 5 (Page 3 of 3)
Bidder Name:
Project Name: Discovery Place Renovation – Phase I - Plumbing Project Number: 512-06-023
20
Section 5.3.14: Quick Pay Agreements On The Construction Contract Up For Award. For purposes of this Section, the term “Quick Pay Commitment” means a commitment to pay all SBEs participating in the Construction Contract within 20 Days after the Contractor confirms that the SBE has properly performed and the SBE’s work has been properly completed.
To receive credit for this GFE, Bidders must either: (a) provide Rodgers Builders, Inc. with a copy of a policy containing the above-referenced Quick Pay Commitment that the Bidder has adopted for the project and document that the Bidder informed each SBE about the Quick Pay Commitment as part of the Bidder’s SBE contacts under Section 5.3.2; OR (b) provide a legally binding Quick Pay Commitment in the form of an Agreement with each SBE that will participate in the Construction Contract up for award. Including a statement in a Bid solicitation letter indicating that the Bidder will consider entering into quick pay agreements will not suffice.
0
Section 5.3.15: Attendance at City SBO Workshops or Networking Sessions. To receive credit for this GFE, the Bidder must attend a workshop, seminar or networking session held by Rodgers Builders, Inc. to (a) educate contractors or SBEs about the requirements of the SBO Program and how Bidders can comply with the Program; or (b) increase the capacity or skill level of SBEs; or (c) provide networking opportunities for SBEs. To receive credit for this GFE, Bidders must document that they attended such a workshop or seminar during the preceding 90-Days before Bid Opening. The KBU shall not give Bidders credit toward this GFE category for the Bidder’s attendance at a Pre-Bid conference.
15
Section 5.3.16: Follow-up Contacts. To receive credit for this GFE, the Bidder must follow-up with each SBE that the Bidder contacted under Section 5.3.2 that did not reply that it was unwilling to participate in the Construction Contract.
Additionally, the Bidder must: (a) make each follow-up contact subsequent to the initial contact and at least 48 hours before Bid Opening; (b) make each follow-up contact by telephone or in person and (c) provide documentation for each follow-up contact in accordance with Section 5.3.2.3. Rodgers Builders, Inc. may request additional documentation in accordance with Section 5.3.2.4, and may verify the contacts as Rodgers Builders, Inc. deems appropriate.
15 Section 5.3.17: Achieving 50% of SBE Participation Goal. To receive credit for this GFE, the Bidder’s Committed SBE Goal must be at least 50% of the SBE Goal established by Rodgers Builders, Inc. for the Contract.
20
Section 5.3.18: Additional SBE Outreach. To receive credit for this GFE, not less than 7 Days before the Bid Opening, a Bidder must contact 75% of the total number of SBEs Rodgers Builders, Inc. lists or identifies in Rodgers Builders, Inc. Solicitation Documents for the Contract being bid. For example, if Rodgers Builders, Inc. lists 80 SBEs in Rodgers Builders, Inc. Solicitation Documents and requires that Bidders contact a minimum of 20, a Bidder would have to contact 60 SBEs to meet to receive credit under this Section. To receive credit, the Bidder must comply with the solicitation requirements outlined in Section 5.3.2.1, Section 5.3.2.2 and Section 5.3.2.3 (a) through (f).
25
Section 5.3.19: SBE Participation On Non-City Contracts. To receive credit for this GFE, the Bidder must document that during the 120-Day period before Bid Opening, the Bidder used SBEs on non-City contracts where the SBE subcontract value equaled or exceeded the amount the Bidder would have to pay SBEs to meet the SBE Goal for the Construction Contract at issue. To receive credit for this item, Bidders must document for each non-City SBE subcontract: (a) the name of the project and the parties to the contract; (b) the name of the SBEs the Bidder paid on the project; (c) the amount the Bidder paid to each SBE; and (d) any additional documentation requested by the Program Manager for verification purposes.
25
Section 5.3.20: Working With a New SBE. To receive credit for this GFE, the Bidder must document that during the 120-Day period before Bid Opening, the Bidder hired an SBE that it had not previously contracted with to perform at least $10,000 of work, whether on a City contract or other contract. To receive credit for this item, Bidders must document: (a) the name of the project on which the Bidder hired the new SBE; (b) the name of the new SBE the Bidder hired; (c) the amount the Bidder paid or the estimated amount the Bidder will pay to the new SBE; and (d) any additional documentation requested by the Program Manager for verification purposes.
375 Total Available GFE Points 170 Total GFE Points Attained
Per Part B, Section 5 of the SBO Program, if a Bidder has not fully met the SBE Goal, then it must document it has met the GFE requirements by completing this Form. Bidder must submit Form 5 within one business days after Rodgers Builders, Inc. requests it as modified for Discovery Place Renovations Only. Failure to do so constitutes grounds for rejection of the Bid.
Small Business Opportunity Program
Revised June 1, 2007
Payment Affidavit - Subcontractor / Supplier Utilization SBO Form 6 To be submitted with each request for payment from Rodgers Builders Inc. Copy this form as needed.
Invoice Amount: Payment or Invoice #: Project Name: Discovery Place Renovation – Phase 2 - Plumbing Contract Number: Payment Period: From To KBU: (Department) Section 1: Payments to SUBCONTRACTORS Complete the chart below for all subcontractors used on the Project/Contract regardless of dollar amount. All subcontractors must be registered in the City’s Vendor Registration System.
Subcontractor’s Name Description of Work Performed NIGP Code City VMS
Number Payment
this Pay Period Cumulative Payments
Section 2: Payments to SUPPLIERS All suppliers providing goods under City contracts must be listed on the Sales Tax Statement submitted with each pay request. Rodgers Builders, Inc. may request on a case-by-case basis that the Contractor require certain suppliers to be registered in the City’s Vendor Registration System and may withhold payment of any amounts due the Contractor in the event the Contractor fails to comply with such request.
The undersigned Company certifies the preceding chart is a true and accurate statement of all payments that have been or will be made to subcontractors and suppliers on this Project/Contract. If no subcontractors or suppliers are listed on the preceding chart, the Company certifies that no subcontractors or suppliers were used in performing the Project/Contract for the payment period indicated. Failure to provide accurate and truthful information is a violation of the Small Business Opportunity Program and is subject to the sanctions prescribed therein.
This day of 200
Name of Company VMS #
Signature Print Name and Title
I. SPECIFICATION SECTIONS:
A. Applicable in total to the work of this Bid Package:
Division 00 - Procurement and Contracting Requirements (entire Section)
Division 01 - General Requirements (entire Section)
Section 230500 - Common Work Results for HVAC
Section 230513 - Common Motor Requirements for HVAC Equipment
Section 230516 - Expansion Fittings and Loops for HVAC Piping
Section 230519 - Meters and Gages for HVAC Piping
Section 230523 - General-Duty Valves for HVAC Piping
Section 230529 - Hangers and Supports for HVAC Piping and Equipment
Section 230548 - Vibration and Seismic Controls for HVAC Piping and Equipment
Section 230553 - Identification for HVAC Piping and Equipment
Section 230593 - Testing, Adjusting, and Balancing for HVAC
Section 230700 - HVAC Duct Insulation
Section 230701 - HVAC Piping Insulation
Section 230900 - Instrumentation and Control for HVAC
Section 232113 - Hydronic Piping
Section 232123 - Hydronic Pumps
Section 232500 - HVAC Water Treatment
Section 233113 - Metal Ducts
Section 233300 - Air Duct Accessories
Section 233416 - Centrifugal HVAC Fans
Section 233423 - HVAC Power Ventilators
Section 233600 - Air Terminal Units
Section 236423 - Scroll Water Chillers
Section 238126 - Split-System Air-Conditioners
Section 236423 - Scroll Water Chillers
Section 238126 - Split-System Air-Conditioners
Section 238413 - Humidifiers
B. Applicable only as required by the work of this Bid Package:
Section 024119 - Selective Structure Demolition
Section 078413 - Penetration Firestopping
Section 083113 - Access Doors and Frames
Section 260500 - Common Work Results for Electrical
Section 260519 - Low-Voltage Electrical Power Conductors and Cables
Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
SPECIFIC SUMMARY OF WORK
Bid Package No. 15D - HVAC Systems
April 17, 2009
DIVISION OF WORK: Bid Package No. 15D - Trade Subcontractor is exclusively responsible for
work described in the following:
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Interior Renovations Phase 2 Formal Packages
SPECIFIC SUMMARY OF WORK
Bid Package No. 15D - HVAC Systems
April 17, 2009
II.
General Considerations
GC1.0
GC2.0
GC3.0
GC4.0
GC5.0
GC6.0
Section 264313 - Transient-Voltage Suppression for Low-Voltage Electrical
Power Circuits
WORK DESCRIPTION: Furnish all labor, materials, supervision, equipment, insurance,
overhead and profit, necessary or incidental, as required to complete the scope of work
identified in the construction drawings and applicable specification sections referenced
above. Performance of the work must include, but is not necessarily limited to the
following:
Any and all engineering services (by an engineer registered in the State of North
Carolina) related to installation of any of the work of this Bid Package that is
necessary to satisfy the requirements of the specifications, testing agencies, and
prevailing jurisdictional authority.
All fire-stop thru-penetrations in rated walls must be labeled on the wall adjacent
to the penetration accordingly by the Trade Bid Package making the penetration.
This Bid Package will produce Coordination Drawings in CAD and attend
coordination meetings. Coordination drawings will include locating systems,
elevations of equipment and required work clearances. This Bid Package will
review other trades shop drawings and coordination drawings to ensure there are
no conflicts with their work.
The project goal for the Discovery Place Renovation Project is seven percent
(7%). In accordance with the City of Charlotte’s Small Business Opportunity
Program, the established goal for this Bid Package is seven percent (7%). Please
refer to the SBO program policy included herein. For further questions, please
contact the SBO Program Manager for the Discovery Place Renovation Project -
Lil Associates II, Inc., Jasmine Hines, 704-372-3331 or
This Bid Package is responsible for keeping Chiller system functional throughout
construction by means of using/modifying existing equipment or rental of
temporary systems. This should maintain existing conditions standards.
This Bid Package is responsible for keeping HVAC system functional throughout
construction by means of using/modifying existing equipment or rental of
temporary systems. This should maintain existing conditions standards.
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Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
SPECIFIC SUMMARY OF WORK
Bid Package No. 15D - HVAC Systems
April 17, 2009
GC7.0
A. Fire Protection - Not Used
B. Combined Plumbing and HVAC Systems - Not Used
C. Plumbing Systems - Not Used
D. HVAC Systems
D1.0
D2.0
D3.0
D4.0
D5.0
D6.0
D7.0
D8.0
D9.0
Provide any and all dampers required by code for the partition whether or not
required dampers are indicated on the drawings.
This Bid Package is responsible for keeping Humidity levels in the rainforest to
ensure that Plants are keep at ideal rainforest humidity conditions. This should
maintain existing conditions standards.
All testing of ductwork and related piping, including pressure tests for valves, etc.
This Subcontractor to coordinate and support independent Test and Balance
Contractor, including the provision of support personnel to assist in starting and
controlling air flow. Where necessary, personnel will be provided during off-hours
if necessary to support these operations.
This Bid Package includes furnishing all access doors required but not shown on
the drawings. The installation of the access panels will be a part of the Drywall
Bid Package.
Provide a temporary control system so the air handling unit and the HVAC
system can be used during construction to maintain a constant temperature and
humidity in enclosed areas of the building. The temporary controls should include
fan speed and supply air temperature control. Freezestat and high/low static
pressure safety shall be operational.
Include furnishing and installation of all required hangers and labels for HVAC
system to comply with all prevailing codes.
Provide temporary heating, cooling, humidification, and ventilation requirements
as directed in the drawings and specifications and the general conditions of this
Bid Package Manual.
Furnish and install all controls and energy management systems.
Patching of all penetrations necessary to this scope of work is a part of this scope
of work including, but not limited to, acoustical sealants as required by the
documents.
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Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
SPECIFIC SUMMARY OF WORK
Bid Package No. 15D - HVAC Systems
April 17, 2009
D10.0
D11.0
D12.0
D12.01
D12.02
D12.03
D12.04
D12.05
D12.06
D12.07
D12.08
D12.09
D12.10
D12.11
D12.12
D12.13
D12.14
D12.15
D12.16
D12.17
D12.18
D12.19
D12.20
Code Compliance.
Starters and motors not provided by Electrical Subcontractor.
Painting, stenciling and tagging.
Valve charts
Inserts and pipe hangers.
Equipment guarantees and warranties.
Working/coordination drawings.
Roofing boots and roof penetration patching for all Mechanical work.
Maintenance and operation manuals
Cutting, core drilling and patching of penetrations through the work of
other trades.
Sleeves – furnish and install (floors, walls, and ceilings) -as applicable
Associated caulking and sealants for fixtures, and equipment to finished
surfaces.
Painting of metal studs identifying that the work of this Bid Package is completed
and inspected and the walls and ceiling are ready to have gypsum board hung.
All Exhaust hoods and venting.
Control wiring and systems devices.
Concrete and Housekeeping pads.
Disconnect switches integral with equipment so requiring.
Insulation on piping and devices.
Roof supports (curbs, etc.).
Installation of in-duct smoke detectors and any and all life safety
devices furnished by others for integration without the work of this Bid
Package.
As-built drawings.
All associated fire stopping must be included in the scope of work of this Bid
Package.
Responsibility for the following as it relates to the work of this Bid Package:
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Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
SPECIFIC SUMMARY OF WORK
Bid Package No. 15D - HVAC Systems
April 17, 2009
D12.21
D12.22
D12.23
D13.0
D13.01
D13.02
D13.03
D14.0
D15.0
D16.0
D17.0
D17.01
D17.02
D17.03
D17.04
D18.0
D19.0
Blocking and backing as required for the application
Replacement of evaporative cooler.
Review and acceptance of the design and construction of the following as
adequate for proper installation of the work:
Ceiling systems
All chilled water, cooling, heating, and exhaust equipment.
All piping and above equipment (including pumps and water treatment).
All ductwork (including insulation, louvers, fire dampers, access panels,
and distribution devices, and mounting or duct detectors).
All temperature controls including raceway and wiring, pneumatic
tubing, dampers and equipment. All lighting control interface is to be
included in this package.
Partition systems
Complete heating, ventilation, exhaust, and cooling systems including but not
limited to the following:
This Bid Package includes responsibility to include final connections to Owner
furnished equipment.
Unless otherwise stipulated in the specifications, all factory-manufactured
products provided are to have factory applied finishes, insulation, and jacketing
as appropriate. Integral support framing is also to have factory applied finishes.
Transfer switches on equipment so requiring.
This Subcontractor is responsible for repair of all damage to spray-on fireproofing
resulting from the work of this Bid Package.
Drawings and specifications performance stipulations for mechanical
and plumbing systems.
All shop-fabricated ductwork must be shop sealed immediately upon completion
of fabrication with an impervious membrane at each end and remain so until
made ready for installation on site.
This Bid Package includes responsibility for providing all necessary filtration to
protect the mechanical ductwork system from construction dust during temporary
operation. Cleanliness of ductwork upon commissioning of the facility must meet
industry standards at a minimum should be Architect’s project manual not
address this.
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Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
SPECIFIC SUMMARY OF WORK
Bid Package No. 15D - HVAC Systems
April 17, 2009
D20.0
D21.0
21.01
21.02
21.03
D22.0
D23.0
D24.0
D25.0
D26.0 This Trade Bid Package is to include all temporary heating and cooling
requirements to keep controlled air in all occupied areas.
Included in this package is furnishing and installing all fume hoods.
The Mechanical Subcontractor shall pressure test all high and medium
pressure duct systems, return duct systems, isolation fan duct systems,
and specialty fan systems, prior to concealment or insulating.
Measured leakage may not exceed five percent (5%) of the design flow
when tested at design pressure.
Rodgers Builders, Inc. will witness all final pressure testing and review
the documents generated. The documents should include a sketch of
the duct system(s) tested, testing data and leakage rates. The testing
documents will be included as part of the project close out documents.
In the event duct systems go un-tested and subsequent air leakage is
found, all duct sealing, duct replacement and additional testing will be at
no additional cost to the Owner or Rodgers Builders, Inc. This
consideration is not to be used in lieu of project document criteria, and
should be considered a minimum requirement, superseded only by a
more stringent requirement.
The Mechanical Subcontractor shall pressure test all ducting used for
smoke control purposes, prior to concealment or insulating, to ensure
that it maintains one and one-half (1.5) times the maximum static
design pressure. Measured leakage may not exceed five percent (5%)
of the design flow.
This Bid Package is responsible for taking a leadership role in the coordination
drawing meeting and process. This Bid Package will combine all the MEP
Coordination drawings into a master set and print the drawings in color for
submittal.
This Trade Bid Package is responsible for all HVAC systems demolition and haul-
off.
Furnish and install all louvers, grills, and dampers, including Architectural louvers
and grills.
Duct testing requirements:
It is the responsibility of this Bid Package to provide negative air measures to
ensure construction debris and dust remain in areas closed for construction, and
do not permeate to areas that are open to public or patrons.
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Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
SPECIFIC SUMMARY OF WORK
Bid Package No. 15D - HVAC Systems
April 17, 2009
D27.0
D28.0
D29.0
D30.0
D31.0
D32.0
ALL-01
BID PACKAGE SPECIFIC ALLOWANCES
The following Allowance(s) is/are to be included in the Base Bid of this Bid Package.
ALL ALTERNATES, UNIT PRICES AND EQUIPMENT RATES MUST INCLUDE
SUBCONTRACTOR’S OVERHEAD, PROFIT AND BOND COSTS.
This Bid Package to use Ground Penetrating Radar (GPR) for all Slab
Penetrations.
This Bid Package is responsible for taking a leadership role in the coordination
drawing meeting and process. This Bid Package will combine all the MEP
Coordination drawings into a master set and print the drawings in color for
submittal.
This Bid Package is responsible for providing and maintaining prefilter material
on HVAC returns in the construction throughout the project.
The existing Building control systems are by Carrier. Only Carrier will be used for
Controls Systems work.
This Bid Package is responsible for providing and installing motors starters and
controls.
This Bid Package includes lighting controls and interface with the Building
Automation System.
Provide an allowance for additional fire penetration caulking of five thousand
dollars ($5,000) over and above what is indicated in the drawings and
specifications. This value to be included in the base bid.
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Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
SPECIFIC SUMMARY OF WORK
Bid Package No. 15D - HVAC Systems
April 17, 2009
1.
1.01
1.02
1.03
1.04
1.05
1.06
1.07
1.08
1.09
1.10
1.11
1.12
1.13
1.14
1.15
GPR for penetrations
Roof Penetration Patchng 1
ls
1
General
ls1
Selective Demolition - Cut, Cap, Drop to Floor,
Make Safe, and Remove from Site
Temporary HVAC,
1
Coring / Sleeving / Firestopping
Coordination Drawings / Record Drawings
1
1
Rigging 1 ls
1
Each Bid Package is required to provide a price breakdown of their lump sum bid, at bid time. The price
breakdown is for information and evaluation purposes only. The BID AMOUNT quoted shall be the full
compensation for each Bid Package as defined by the Scope of Work. Bid Amounts shall be broken
down as identified below.
ls
1 ls
1Phasing
Valve Tags, Pipe Markers, & Charts
General Conditions / Overhead / Profit
Amounts
Vibration Isolation & Seismic Restraint
Manhours to Coordinate Cutting and Patching
Item #Item Description(All Items may not be part of this project)
Quantity Unit
1
Mobilizations(s)
ls
Scaffolding / Staging / Hoisting
ls
ls
ls
ls
1 ls
1 ls
ls
ls
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Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
SPECIFIC SUMMARY OF WORK
Bid Package No. 15D - HVAC Systems
April 17, 2009
2.
2.01
2.02
2.03
2.04
2.05
2.06
3.
3.01
3.02
4.
4.01
4.02
4.03
4.04
4.05
Chiller
Hydronic Equipment
Pumps (InLine, Base Mounted, Horizontal Split
Case)
Temp use of existing, or temporary chiller use
Piping, Fittings, & Valves
Heating / Cooling Coil
ea
lf
Condensate Drain Piping System
Heating Water Piping System
Chilled Water Piping System
Condenser Water Piping System
Condensate Return Piping System
lf
lf
lf
lf
eaExhaust Fan with Associated Roof Curb
Fans
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Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
SPECIFIC SUMMARY OF WORK
Bid Package No. 15D - HVAC Systems
April 17, 2009
5.
5.01
5.02
5.03
5.04
5.05
5.06
6.
6.01
6.02
6.03
6.04
6.05
6.06
6.07
6.08
6.09
6.10
6.11
6.12
Air Handling Equipment
ea
ea
ea
Air Handling Unit
DX Split System Air Conditioning Unit with
Condensing Unit & Roof curb
Electric Unit Heaters
Linear Diffusers -if applicable
Humidifiers
Louvers
Ductwork
Return Grilles
Exhaust Registers
Variable Air Volume Box/Unit
ea
lbs
ea
ea
ea
Install Duct Mounted Smoke Detectors ea
Fire Dampers
ea
Sound Attenuators -if applicable ea
ea
Ductwork & Accessories
Fire Smoke / Dampers
Volume Dampers ea
Supply Diffusers
ea
ea
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Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
SPECIFIC SUMMARY OF WORK
Bid Package No. 15D - HVAC Systems
April 17, 2009
7.
7.01
7.02
7.03
7.04
7.05
7.06
7.07
8.
8.01
8.02
9.
9.01
9.02
9.03
9.04
9.05
eaFurnish Access Doors
eaConcrete Pads / Concrete Curbs
1
Control Wiring
Pneumatic & Electronic Control Points
Automatic Temperature Controls
Computer Hardware, Software, &
Programming
Testing & Balancing -if applicable
Variable Frequency Drives (Pump, Fan, AHU)
Motor Starters (Loose)
Control interface with lighting
Monitoring, Sensing, & Measuring Devices
ls
Thermostats
1
1
ls
ls
ls
1
Specialties
ea
1
ls
Testing & Balancing -if applicable ls
ea
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Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
SPECIFIC SUMMARY OF WORK
Bid Package No. 15D - HVAC Systems
April 17, 2009
10.
10.01
10.02
10.03
10.04
10.05
11.
11.1
11.2
12.
12.1
12.2
Allowances
Items Furnished FOB Jobsite for Installation by
Others
1 ls
Insulation: Refrigerant Relief & Vent Piping
Systems
Insulation
lf
lf
Insulation: Misc. Piping Systems lf
lfInsulation: Ductwork
Insulation: All Hydronic Piping Sys. (Chilled,
Condenser & Heating Water)
HVAC Access Doors
Provide an allowance for additional fire
penetration caulking of five thousand dollars
($5,000) over and above what is indicated in
the drawings and specifications. This value to
be included in the base bid.
$5,000
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Discovery Place
Interior Renovations Phase 2 Formal Packages
SPECIFIC SUMMARY OF WORK
Bid Package No. 15D - HVAC Systems
April 17, 2009
LEAD TIMES:
LEAD TIMES:
BID SUMMARY:
LEAD TIMES:
p Yes p No
Amounts
Bond Amount as Required by Contract Documents
After Receipt of Approved Shop Drawings / Samples
4
1
2 Sales Tax on Materials Incorporated into the Site & Buildings
Provide the Anticipated Lead-Time for:
Provide the Anticipated Lead-Time for:
After Receipt of Approved Shop Drawings / Samples
weeks
weeks
Professional Liability Insurance ($2,000,000.00) will be Provided
After Receipt of Approved Shop Drawings / Samples
weeks
Out of Town Living Expenses for Labor Crews (IF APPLICABLE)
T O T A L P R I C E (Lines 1 + 2 + 3 + 4)
MISCELLANEOUS CONSIDERATIONS:
Subtotal
3
Provide the Anticipated Lead-Time for:
ENTER COMPANY NAME HERE:
p Yes p No
Has a Bid Bond been Included as Indicated by the Contract Documents
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SBO PROVISIONS AND FORMS
Revised June 1, 2007
FOR
Discovery Place Renovations
Phase 2 – HVAC Systems _____________________________________________________________________
Revised June 1, 2007 (E&PM)
1. APPLICATION: The City of Charlotte’s Small Business Opportunity Program (SBO Program) is incorporated into and made a part of this solicitation and the resulting contract (the “Contract”). Copies of the SBO Program may be obtained on-line at http://smallbiz.charmeck.org or from the SBO Office, 600 E. Fourth Street, Charlotte, North Carolina 28202-2850, Phone 704-336-2473. Capitalized terms used in this document are defined in the SBO Program. 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 Rodgers Builders, Inc. The SBO Program requires that you (a) meet the SBE Utilization Goal listed in Section 2 below; or (b) comply with the Good Faith Efforts requirements referenced in Section 3 below. Failure to comply with the SBO Program in the bid/proposal phase will constitute grounds for rejection of your bid. Failure to comply after contract award may result in assessment of damages or termination of your contract.
2. THE SBE UTILIZATION GOAL FOR THIS CONTRACT HAS BEEN SET AT: 7 % Each Bidder must submit the proposed SBE utilization on the Form 3 listing subcontractors and suppliers that will be providing goods or services and projected dollar amount for each SBE. Bidders must also indicate the total dollar value of SBE participation for the contract. In the event the bidder has no SBE participation, the Bidder is still required to indicate this on Form 3 by entering the word or number zero. Blank forms will be deemed to represent zero participation. Bids submitted which do not have the above required SBE information indicated on Form 3 may cause the bid to be considered non-responsive and it may be rejected. Form 3 must be submitted with your bid. Rodgers Builders, Inc. will only give Bidders credit toward the SBE Goal for those SBES that are certified SBEs as of the Bid Opening and that meet Part B Section 3 of the SBO Program. Please note that to count an SBE toward your SBE Utilization Goal; you will need to have that SBE sign a Letter of Intent on Form 4 (or an equivalent form containing the same information). Rodgers Builders, Inc. will request your Letters of Intent if you are a finalist for contract award, and you must submit a separate Form 4 for each SBE identified on the Form 3 within 3 Business Days after Rodgers Builders, Inc. requests it.
3. GOOD FAITH EFFORTS: IF YOU DO NOT MEET THE SBE UTILIZATION GOAL, then you
must meet the Good Faith Efforts requirements set forth in Part B Section 5 of the SBO Program. These are summarized below. Failure to do so will constitute grounds for rejection of your bid.
Documenting Good Faith Efforts. To demonstrate Good Faith Efforts compliance, you must complete and submit Form 5 Good Faith Efforts (GFE) / Statement of GFE Compliance. Form 5 states the minimum required Good Faith Efforts points for this Contract, and lists the number of points attainable for each type of Good Faith Effort. Rodgers Builders, Inc. will request your Good Faith Efforts (GFE) / Statement of GFE Compliance if you are a finalist for contract award, and you must submit Form 5 within 1 Business Days after the Rodgers Builders, Inc. requests it. It is important that you carefully review Part B Section 5 of the SBO Program as soon as possible so as to put yourself in a position to provide the documentation. Please note that the due date for Form 5 has been specifically modified and approved by the Department of Economic Development for the Discovery Place Renovation project in order to facilitate meeting the schedule requirements of the project. 3.1 SBE Contacts:
In order to receive credit for this Good Faith Effort at least 7 Calendar Days prior to Bid Opening, you must contact at least 2 SBE firms (the “Minimum Contacts”) listed in the SBE Source List provided with Rodgers Builders, Inc.’s bid or proposal packet or that can be found on the Small Business Development Program website located at http://epmcontracts.charmeck.org. Please refer to Part B Section 5.3.2 of the SBO Program regarding how these Minimum Contacts must be made and documented. Minimum Contacts must be recorded on Form 2, which is submitted along with Form 5. Please note that you must make the Minimum Contacts at least 7 Calendar Days before Bid Opening. It is important that you carefully review Part B Section 5.3.2 of the SBO Program as soon as possible so as to put yourself in a position to provide Form 2 and any other documentation as requested by Rodgers Builders, Inc.
Good Faith Negotiation. You must negotiate in good faith with all interested SBE firms. Part B Section 4.4 of the SBO Program defines what negotiating in “good faith” means. Among other things, it means that if an SBE is low bid on a contract for construction or for the procurement of goods, then you must contract with that SBE
Revised June 1, 2007 (E&PM)
unless it is not “Qualified” within the meaning of the SBO Program. To demonstrate Good Faith Negotiation Compliance you must submit good faith documentation as requested by Rodgers Builders, Inc. to support your efforts for each subcontracting opportunity identified by Rodgers Builders, Inc. for which the low bid by an SBE is not accepted. You must provide such forms and information within 1 Business Days after Rodgers Builders, Inc. requests it. Failure to comply with the requirements set forth in this section shall constitute grounds for rejecting a bid.
Self-Performance. Bidders that do not meet the SBE Utilization Goal and desire to self perform all of the Contract must nevertheless demonstrate that they complied with the Good Faith Efforts requirements as provided in Part B Section 5.6 of the SBO Program. Failure to do so shall constitute grounds for rejection of your bid. Bidders that intend to self perform may be required to submit additional documentation to Rodgers Builders, Inc. at least 14 calendar days prior to the Bid Opening to obtain clearance for self performance.
Plans and Specifications. Plans and Specifications may be viewed at Rodgers Builders, Inc., Center City office located at 400 West Trade Street, Charlotte, NC 28202. Other locations:
Richa Graphics 204 N. Tryon St.
Charlotte, NC 28202 704-333-9744
Carolinas AGC (CAGC) 1100 Euclid Ave
Charlotte NC 28203 704-372-1450
Metrolina Contractors Resource Center
3124 W. Trade Street, Suite A, 704-332-5746
Hispanic Contractors Association of Carolinas 2923 E Independence Blvd
Charlotte NC 28205 877-227-1680
4. MANDATORY SUBCONTRACTING REQUIREMENTS
Per Part B Section 2.5 of the SBO Program, City Council has the authority to establish mandatory, subcontracting requirements for certain contracts. The blank checked below indicates whether such requirements have been established for this Contract:
City Council has established a mandatory subcontracting requirement of percent ( %) for this Contract.
City Council has not established a mandatory subcontracting requirement for this Contract. 5. SBO PROGRAM PROVISIONS APPLICABLE AFTER CONTRACT AWARD
If you are awarded a Contract with Rodgers Builders, Inc., note in particular the following Sections of the SBO Program that relate to post award requirements and activity:
a. Compliance with committed SBE utilization level throughout the Contract per Part D Section 2 of the
SBO Program. b. Terminating or Replacing an SBE on a contract per Part D Section 5 of the SBO Program. c. New Subcontractor Opportunities/Additions to Scope, Contract Amendments per Part D Section 6 of the
SBO Program. d. Payments to SBEs per Part D Section 7 of the SBO Program. e. Utilization Reports and Documentation of Payments per Part D Section 8 of the SBO Program.
6. SBO CONTRACT PROVISIONS
The following provisions are incorporated into any contract that may result from this solicitation. Small Business Opportunity Program. Rodgers Builders, Inc. has adopted a Small Business Opportunity Program, which is posted on the City’s website and available in hard copy form upon request to Rodgers Builders, Inc.. The parties agree that:
(i) The terms of the City’s Small Business Program, as revised from time to time, together with all rules and
guidelines established under such program (collectively, the “SBO Program”) is incorporated into this Agreement by reference; and
(ii) A violation of the SBO Program shall constitute a material breach of this Agreement, and shall entitle Rodgers Builders, Inc. to exercise any of the remedies set forth in Part D of the SBO Program, including but not limited to liquidated damages; and
Revised June 1, 2007 (E&PM)
(iii) Without limiting any of the other remedies Rodgers Builders, Inc. has under the SBO Program, Rodgers Builders, Inc. shall be entitled to withhold periodic payments and final payment due to the Contractor under this Agreement until Rodgers Builders, Inc. has received in a form satisfactory to Rodgers Builders, Inc. all claim releases and other documentation required by the City’s SBO Program, and 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 G.S. 143-134.1; and
(iv) The remedies set forth in Part D Section 13 of the SBO Program shall be deemed cumulative and not exclusive and may be exercised successively or concurrently, in addition to any other available remedy; and
(v) Rodgers Builders, Inc. will incur costs if the Contractor violates the SBO Program, and such costs are difficult to ascertain due to their indefiniteness and uncertainty. Accordingly, the Contractor agrees to pay Rodgers Builders, Inc. liquidated damages at the rates set forth in Part D of the SBO Program.
(vi) The Contractor agrees to participate in any dispute resolution process specified by Rodgers Builders, Inc. from time to time for the resolution of disputes arising from the SBO Program.
(vii) Nothing in this Section shall be construed to relieve a Contractor from any obligation it may have under N.C. Gen. Stat. 143-134.1 regarding the payment of subcontractors.
Remedies for Violation of SBO Program. A violation of the SBO Program by a Contractor shall constitute a material breach of the Contract, and shall entitle Rodgers Builders, Inc. or private owner to:
(i) Exercise all rights and remedies that it may have at law or at equity for violation of the SBO Program;
Terminate the Contract for default; (ii) Suspend the Contract for default; (iii) Withhold all payments due to the Contractor under the Contract until such violation has been fully cured
or Rodgers Builders, Inc. and the Contractor have reached a mutually agreeable resolution; (iv) Assess liquidated damages as provided in the following Part D Section 13.2; and/or (v) Offset any liquidated damages and/or any amounts necessary to cure any violation of the SBO Program
from any retainage being held by Rodgers Builders, Inc. on the Contract, or from any other amounts due to the Contractor under the Contract.
The remedies set forth herein shall be deemed cumulative and not exclusive, and may be exercised successively or concurrently, in addition to any other available remedy.
Liquidated Damages. Rodgers Builders, Inc. and the Contractor acknowledge and agree that Rodgers Builders, Inc. will incur costs if the Contractor violates the SBO Program in one or more of the ways set forth below. The parties further acknowledge and agree that Rodgers Builders, Inc. will incur damages as a result of such failure, but that the costs Rodgers Builders, Inc. might reasonably be anticipated to accrue as a result of such failures are difficult to ascertain due to their indefiniteness and uncertainty. Accordingly, the Contractor agrees to pay Rodgers Builders, Inc. liquidated at the rates set forth below for each specified violation of the SBO Program. The Contractor further agrees that for each specified violation the agreed upon liquidated damages are reasonably proximate to the loss Rodgers Builders, Inc. will incur as a result of such violation:
(i) Failure to meet the SBE Goal. If Rodgers Builders, Inc. determines upon completion or termination of
a Contract that the Contractor did not meet the Committed SBE Goal and that such failure is not otherwise excused under Part D Section 2, Rodgers Builders, Inc. may assess the lesser of : (a) $30,000 or (b) the dollar difference between the Committed SBE Goal and the Contractor’s actual SBE utilization;
(ii) Using SBE as a Conduit. If the Contractor lists an SBE to receive credit toward a Committed SBE Goal with knowledge that the SBE will be acting as a Conduit or will not be performing a Commercially Useful Function reasonably commensurate with the payment amount for which the Contractor will be seeking credit, Rodgers Builders, Inc. may assess the lesser of: (a) $20,000 or (b) the dollar amount the Contractor indicated that it would pay such SBE in the SBEs contract (or if no contract has been signed, the SBE’s Letter of Intent);
(iii) Wrongful Termination or Replacement of SBE Services. If the Contractor terminates or replaces an SBE in violation of the SBO Program, Rodgers Builders, Inc. may assess the lesser of: (a) $20,000 or (b) the dollar amount of the work remaining to be performed by the terminated SBE at the time it was
Revised June 1, 2007 (E&PM)
terminated (or if the SBE was not terminated because it was never retained, then, the dollar amount that the Contractor indicated it would pay the SBE in the SBE’s letter of intent) or ;
(iv) Failure to Comply with SBO Program Upon Termination or Withdrawal by SBE. If the Contractor fails to comply with Part D Section 5 of the SBO Program upon the termination or withdrawal of an SBE the City may assess the lesser of: (a) $20,000 or (b) the dollar amount of the work remaining to be performed by the SBE that withdrew or was terminated at the time of the termination or withdrawal;
(v) Failure to Comply with SBO Program to Add New Subcontractors. If the Contractor fails to comply with Part D of the SBO Program in adding new subcontractors to a Contract, or in the event of a Contract amendment or increase in the scope of work on a contract, Rodgers Builders, Inc. may assess the lesser of: (a) $20,000; or (b) the dollar amount of the new or additional work;
(vi) False Statements and Misrepresentations. If the Contractor makes a false statement or material misrepresentation regarding any matter relevant to the SBO Program (including but not limited to information provided regarding payments made to SBEs), Rodgers Builders, Inc. may assess the lesser of: (a) $25,000; or (b) the dollar difference between what the Contractor represented and the truth;
(vii) Failure to Respond to Request for Information. If the Contractor fails to provide any report, documentation, affidavit, certification or written submission required under the SBO Program within the time period ser forth therein, Rodgers Builders, Inc. may assess $25 per day for each day that such report, documentation or written submission is overdue.
7. SBO FORMS
Bidders shall submit the following forms with Bid document or at a time specified:
Submission Requirements Form No. Notification of Subcontractor / Purchasing Opportunities. Identifies all the subcontracting or supplier opportunities available on the Contract.
Submission is optional. If submitted, it must be received by Rodgers Builders, Inc. fourteen (14) Calendar Days before the Bid Opening date.
Form 1
SBE Solicitation. Identifies all SBEs the Bidder contacted or those that contacted the Bidder and the scope of work for which they were contacted. Includes date and method of contact for SBE firms. Good Faith Negotiation is documented on this form.
Rodgers Builders, Inc. will request this form from finalists for contract award. Must submit within three (3) Business Days after requested by Rodgers Builders, Inc.
Form 2
Subcontractor / Supplier Utilization Commitment. Identifies all subcontractors, suppliers, manufacturers, brokers and/or members of a joint venture to be utilized on the contract and dollar amounts committed to SBEs. Bidders must include all subcontractors known at the time the Bid or proposal is submitted.
Due with bid.
Form 3
Letter of Intent. Bidders must submit a separate Letter of Intent executed by each SBE listed on Form 3 that the Bidder will use on the Contract.
Rodgers Builders, Inc. will request this form from finalists for contract award. Must submit within three (3) Business Days after requested by Rodgers Builders, Inc.
Form 4 or alternative as permitted by the City
Good Faith Efforts (GFE) / Statement of GFE Compliance. States the minimum GFE points required for this solicitation and the number of points attributable to each GFE item. Bidder must check each GFE item for which it earned points, as described in Part C Section 5.3 of the SBO Program.
Rodgers Builders, Inc. will request this form from finalists for contract award. Must submit within one (1) Business Days after requested by Rodgers Builders, Inc.
Form 5
Revised June 1, 2007 (E&PM)
Payment Affidavit. Contractor shall provide with each pay request to Rodgers Builders, Inc. a payment affidavit showings payments made to all subcontractors, suppliers, manufacturers, brokers, and / or members of a joint venture in connection with the contract.
Due with each pay request. Form 6 or alternative proof as permitted by the City
All SBO Forms are also available on-line at http://epmcontracts.charmeck.org. Forms must be received by fax, e-mail or US Mail.
8. Please find below a list of activities that Rodgers Builders, Inc. has identified as potential Small Business
Enterprise (SBE) subcontracting opportunities. This is a potential listing not all inclusive. Bidder may identify additional or different opportunities.
NIGP Code Description
31000 Air Conditioning, Heating, and Ventilating 63028 Fire Retardant and Heat Resistant Coatings 65800 Pipe and Tubing 65997 Pipe Fittings, Misc. 91017 Energy Computerized Control System 91450 Heating, Ventilating and Air Conditioning 91453 Insulation 96286 Transportation of Goods and Other Freight Services 96269 Temporary Labor
A list of SBE vendors can be accessed at the following Website: http://smallbiz.charmeck.org A SBE vendor source list is also included herein.
HVAC SYSTEMS SBE LIST
by NIGP Code
03100 - AIR CONDITIONING, HEATING, AND VENTILATING: EQUIPMENT, PARTS Vector Supply Group, LLC VMS #: SM17182 Physical 17236 Green Dolphin LN Contact: Adrian Murrell Address: Cornelius NC 28031 Phone: (704) 892-9347 Fax: (704) 892-0082 Mailing E-Mail: [email protected] Address: Website: Certification Dates: MWBE-Jan 16 2008 - Jan 16 2011 , SBE-Jan 16 2008 - Jan 16 2011
63028 - Fire-Retardant and Heat-Resistant Coatings (Not Aluminum Paint) Carolina Fire Dogs, LLC VMS #: SM15527 Physical 14301 Ruddy CT Contact: Chris E. Salley Address: Charlotte NC 28273 Phone: (704) 654-7271 Fax: (480) 275-3717 Mailing E-Mail: [email protected] Address: Website: www.carolinafiredogs.com Certification Dates: SBE-Oct 4 2006 - Oct 4 2009 , MWBE-Oct 4 2006 - Oct 4 2009
Shipp's Fire Equipment Sales, Inc. VMS #: SM8084 Physical 52 Wilshire AV Contact: Steven L. Shipp Address: Concord NC 28025 Phone: (704) 788-2007 Fax: (704) 788-2396 Mailing P.O. Box 1641 E-Mail: [email protected] Address: Concord NC 28026 Website: Certification Dates: MWBE-Mar 16 2007 - Mar 16 2010 , SBE-Mar 16 2007 - Mar 16 2010 65800 - PIPE AND TUBING LSC Supply, LLC VMS #: SM9690 Physical 555 Gatsbt PL NW Contact: Lisa S. Cunningham Address: Concord NC 28027 Phone: (980) 521-3312 Fax: (704) 784-4405 Mailing P.O. Box 1090 E-Mail: [email protected] Address: Concord NC 28026 Website: Certification Dates: SBE-May 3 2007 - May 3 2010 , MWBE-May 3 2007 - May 3 2010
65997 - Pipe Fittings, Misc. (Not Otherwise Classified) Dynamites Portable Welding VMS #: SM13529 Physical 10120 Green Hedge AV Contact: Belinda Royal Address: Charlotte NC 28269 Phone: (704) 634-8777 Fax: (704) 948-6312 Mailing E-Mail: [email protected] Address: Website: Certification Dates: SBE-Sep 28 2005 - Sep 28 2008 , MWBE-Sep 28 2005 - Sep 28 2008
91017 - Energy Computerized Control System (HVAC, Lighting, Utilities, etc) Installation, Controlled Climate HVAC, Inc. VMS #: SM16448 Physical 8746 Purple Thistle LN Contact: Obed Guzman Address: Charlotte NC 28215 Phone: (704) 535-9192 Fax: (704) 535-9168 Mailing E-Mail: [email protected] Address: Website: Certification Dates: MWBE-Jun 18 2007 - Jun 18 2010 , SBE-Jun 18 2007 - Jun 18 2010
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91017 - Energy Computerized Control System (HVAC, Lighting, Utilities, etc) Installation, Monitoring Management, Inc. VMS #: SM8144 Physical 5921 Bluebird Hill LN Contact: Mark W. Hulland Address: Matthews NC 28104 Phone: (704) 814-6850 Fax: (704) 814-7025 Mailing P.O.Box 78858 E-Mail: [email protected]; [email protected] Address: Charlotte NC 28277 Website: www.monman.com Certification Dates: MWBE-Feb 23 2007 - Feb 23 2010 , SBE-Feb 23 2007 - Feb 23 2010
91450 - Heating, Ventilating and Air Conditioning (HVAC) AT's Heating & A/C VMS #: SM15257 Physical 6838 Ludwig DR Contact: Adam Tillman Address: Charlotte NC 28215 Phone: (704) 568-3147 Fax: Mailing E-Mail: [email protected] Address: Website: Certification Dates: SBE-Jun 9 2006 - Jun 9 2009 , MWBE-Jun 9 2006 - Jun 9 2009 Controlled Climate HVAC, Inc. VMS #: SM16448 Physical 8746 Purple Thistle LN Contact: Obed Guzman Address: Charlotte NC 28215 Phone: (704) 535-9192 Fax: (704) 535-9168 Mailing E-Mail: [email protected] Address: Website: Certification Dates: MWBE-Jun 18 2007 - Jun 18 2010 , SBE-Jun 18 2007 - Jun 18 2010
Design Conditions, LLC VMS #: S9076 Physical 3496 Gribble RD Contact: John Mims Address: Matthews NC 28104 Phone: (704) 201-9392 Fax: (704) 821-7116 Mailing P.O. Box 431 E-Mail: [email protected]; Address: Indian Trail NC 28079 Website: NA Certification Dates: SBE-Aug 3 2006 - Aug 3 2009
Norcor Tech. Corp. VMS #: SM9508 Physical 4809 Springlake DR Contact: Wellesley K. Clayton Address: Charlotte NC 28212 Phone: (704) 309-4101 Fax: (704) 568-2401 Mailing 338 S Sharon Amity RD E-Mail: [email protected] Address: Charlotte NC 28211 Website: Certification Dates: MWBE-Sep 18 2007 - Sep 18 2010 , SBE-Sep 18 2007 - Sep 18 2010
91453 - Insulation A-1 Quality Insulating Service VMS #: SM8202 Physical 3428-D Vane CT Contact: Kenny White Address: Charlotte NC 28206 Phone: (704) 331-9294 Fax: (704) 331-9295 Mailing E-Mail: [email protected] Address: Website: Certification Dates: MWBE-Apr 13 2005 - Apr 13 2008 , SBE-Apr 22 2005 - Apr 22 2008
Hunt Rayford Insulation VMS #: SM14737 Physical 200 Winding Trail Contact: Rayford Hunt Sr. Address: Stanley NC 28164 Phone: (704) 263-4877 Fax: (704) 263-4877 Mailing E-Mail: Address: Website: Certification Dates: MWBE-Jan 25 2006 - Jan 25 2009 , SBE-Jan 25 2006 - Jan 25 2009
Page 2 of 4 Discovery Place Renovations - Phase 1 - HVAC SYSTEMS
96269 - Personnel Services, Temporary Absolute Business Connections, Inc. VMS #: SM16725 Physical 5701 Executive Center DR Contact: Donna Rodgers Address: Charlotte NC 28212 Phone: (704) 537-0010 Fax: (704) 537-0701 Mailing P.O. Box 25767 E-Mail: [email protected] Address: Charlotte NC 28212 Website: www.absolutebusinessconnections.com Certification Dates: SBE-Sep 24 2007 - Sep 24 2010 , MWBE-Sep 24 2007 - Sep 24 2010
C.C. Smith Construction, Inc. VMS #: SM8330 Physical 9111 Washam Potts RD Contact: Zandra Smith Address: Cornelius NC 28031 Phone: (704) 890-1909 Fax: (704) 892-6137 Mailing 1022 Carter AV E-Mail: [email protected] Address: Charlotte NC 28206 Website: Certification Dates: SBE-Apr 7 2006 - Apr 7 2009 , MWBE-Apr 7 2006 - Apr 7 2009
Pro Labor Power VMS #: SM8377 Physical 9009 Albemarle RD Contact: Robert Janda Address: Charlotte NC 28227 Phone: (704) 491-0678 Fax: (815) 717-7413 Mailing 9009 Albemarle RD E-Mail: [email protected] Address: Charlotte NC 28227 Website: Certification Dates: MWBE-Feb 5 2007 - Feb 5 2010 , SBE-Feb 5 2007 - Feb 5 2010
96286 - Transportation of Goods and Other Freight Services AOL Solutions, Inc. VMS #: SM20729 Physical 1836 Center Park Dr. Contact: Michael Hosseini Address: Charlotte NC 28217 Phone: (704) 321-2596 Fax: (704) 321-2934 Mailing E-Mail: [email protected] Address: Website: Certification Dates: MWBE-Nov 3 2006 - Nov 3 2009 , SBE-Nov 3 2006 - Nov 3 2009 DLG Moving & Labor Services, Inc. VMS #: SM9140 Physical 7106 Pawtuckett RD Contact: Gregory B. Carson Address: Charlotte NC 28214 Phone: (704) 408-8354 Fax: (704) 394-2402 Mailing P.O. Box 667608 E-Mail: Address: Charlotte NC 28266 Website: Certification Dates: MWBE-Nov 3 2006 - Nov 3 2009 , SBE-Nov 3 2006 - Nov 3 2009
Express Logistics Services, Inc. VMS #: SM15648 Physical 2518 Sulleyfield PL Contact: Kojo Sapon Address: Charlotte NC 28273 Phone: (704) 241-6336 Fax: (803) 396-3896 Mailing E-Mail: [email protected] Address: Charlotte NC 28219 Website: Certification Dates: SBE-Jan 26 2007 - Jan 26 2010 , MWBE-Jan 26 2007 - Jan 26 2010
Time Delivery Express, Inc. VMS #: S15106 Physical 1486 S paraham RD Contact: Walter R. Kirkpatrick Address: York SC 29745 Phone: (803) 684-2163 Fax: (803) 684-6832 Mailing E-Mail: [email protected] Address: Website: Certification Dates: SBE-May 2 2006 - May 2 2009
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99879 - Pipe, Valves and Fittings Measurement Controls Inc. VMS #: SM9105 Physical 6131 Old Concord RD Contact: Paresh Patel Address: Charlotte NC 28213 Phone: (704) 921-1101 Fax: (704) 921-1010 Mailing P.O. Box 562775 E-Mail: [email protected] Address: Charlotte NC 28256 Website: www.measurementcontrols.com Certification Dates: MWBE-Aug 24 2006 - Aug 24 2009 , SBE-Aug 24 2006 - Aug 24 2009
Page 4 of 4 Discovery Place Renovations - Phase 1 - HVAC SYSTEMS
Small Business Opportunity Program
Revised June 1, 2007
Notification of Subcontracting / Purchasing Opportunities SBOP Form 1
** Per Part B, Section 5.3.1 of the SBO Program, in order to receive credit as a Good Faith Effort (GFE), a Bidder must provide to Rodgers Builders Inc., no later than 14 Days before Bid Opening this Form 1 or another document providing the same information. (POTENTIAL GFE Points: 15)
Bidder Name:
Project Name: Discovery Place Renovation – Phase 2 – HVAC Project Number: 512-06-023
Identify the portions of the contract for which there are intended subcontractor, supplier, or service provider opportunities.
NIGP code Description of Service or Goods (as identified in bid)
Submit this form to: Jasmine Hines
E-mail: [email protected]
Fax Number: 704-372-3341
Small Business Opportunity Program
Revised June 1, 2007
SBE Solicitation Form SBOP Form 2 Copy this Form as needed. (page 1 of 2)
** Per Part B, Section 5.3.2.3 of the SBO Program, in order to receive credit for Contacting SBEs, a Bidder must submit an SBE Solicitation Form (Form 2) within one (1) Business Days after requested by Rodgers Builders, Inc. (POTENTIAL GFE Points: 10)
Bidder Name:
Project Name: Discovery Place Renovation – Phase 2 – HVAC Project Number: 512-06-023
SBE Firm: Contact Person: NIGP Code: Scope of Work: Initial Contact Date: Method: Phone Fax Email Courier Mail In person Follow-up: Date: Method: Phone In person Response: No response Not bidding Is bidding $ ______________ Other (explain) Selected? Yes No SBE Firm: Contact Person: NIGP Code: Scope of Work: Initial Contact: Date: Method: Phone Fax Email Courier Mail In person Follow-up: Date: Method: Phone In person Response: No response Not bidding Is bidding $ ______________ Other (explain) Selected? Yes No SBE Firm: Contact Person: NIGP Code: Scope of Work: Initial Contact: Date: Method: Phone Fax Email Courier Mail In person Follow-up: Date: Method: Phone In person Response: No response Not bidding Is bidding $ ______________ Other (explain) Selected? Yes No SBE Firm: Contact Person: NIGP Code: Scope of Work: Initial Contact: Date: Method: Phone Fax Email Courier Mail In person Follow-up: Date: Method: Phone In person Response: No response Not bidding Is bidding $ ______________ Other (explain) Selected? Yes No SBE Firm: Contact Person: NIGP Code: Scope of Work: Initial Contact: Date: Method: Phone Fax Email Courier Mail In person Follow-up: Date: Method: Phone In person Response: No response Not bidding Is bidding $ ______________ Other (explain) Selected? Yes No
Small Business Opportunity Program
Revised June 1, 2007
SBE Solicitation Form SBOP Form 2 Copy this Form as needed. (page 2 of 2)
Pursuant to Part B, Section 4.4 of the SBO Program (Failure to Negotiate In Good Faith), Rodgers Builders, Inc. may find that a Bidder did not meet its Good Faith Negotiation obligation if in Rodgers Builders’ judgment, the Bidder rejects an Interested SBE’s bid for reasons other than: (a) the SBE’s bid was higher than what was proposed by the subcontractor or supplier the Bidder decided to use or higher than the Bidder’s cost of performing such work on its own; (b) the SBE was not a “Qualified SBE” as defined in Part A; or (c) the Business Enterprise that will be performing in place of the Interested SBE is more qualified than the Interested SBE, to the extent that such difference in qualification would materially impact the Bidder’s Bid, or (d) there was a material deficiency with the Interested SBE’s bid (such as it being submitted late, containing inaccurate information, etc.). The undersigned certifies that the information submitted on this Form 2 is true and accurate as of the date indicated below. The undersign further certifies that contacts by U.S. Postal Service, telephone conversations and in person contacts documented on this Form 2 were made in accordance with the requirements of Part B, Section 5.3.2 of the SBO Program and that this shall satisfy as the affidavit confirming such contacts.
Company
Signature of Authorized Official Title Submittal Date
Sworn to before me this day of __________________________ , 200____
NOTARY PUBLIC
My commission expires on
Small Business Opportunity Program
Revised June 1, 2007
Subcontractor / Supplier Utilization Commitment SBOP Form 3 This form MUST be submitted with your bid. (page 1 of 2)
Bidder Name:
Project Name: Discovery Place Renovation – Phase 2 - HVAC Project Number: 512-06-023
1. Below is a list of all SBEs that you intend to use on this contract
SBE Name Description of work / materials NIGP code VMS # Total Projected $
I acknowledge that I have inquired with each SBE listed above as to their Certification Status (i.e. - the SBE expiration date)
2. Below is a list of all non-SBEs that you intend to use on this contract
Firm Name Description of work / materials NIGP code VMS #
Total Subcontractor / Supplier Utilization (including SBEs and Non-SBEs) $ Total SBE Utilization $
Total Bid Amount (including Contingency) $ Percent SBE Utilization (Total SBE Utilization divided by Total Bid Amount) %
** If SBE Goal is not met, please provide an explanation here:
Signature of Authorized Official Printed Name Title Submittal Date
Small Business Opportunity Program
Revised June 1, 2007
Subcontractor / Supplier Utilization Commitment SBOP Form 3 This form must be submitted with your bid. (page 2 of 2)
All Subcontractors and Suppliers must be registered with the City of Charlotte. Pursuant to Appendix A, Section 8 of the SBO Policy, each subcontractor or supplier (non-SBE and SBE subcontractors) that you use on this contract must be registered in the City’s vendor registration database. You will need to provide the vendor registration number for each subcontractor and supplier used on this contract as a condition for receiving final payment on this Contract. What happens if you add 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, pursuant to Part D of the SBO Program, you must comply with the following:
• You must maintain the level of SBE participation proposed on this form throughout the duration of the Contract, except as specifically allowed in Part D, Section 2.2.
• If you need to add or replace an SBE, you must comply with Part D, Section 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 Part D, Section 6.
Subcontractor/Supplier Utilization Commitment Pursuant to Part B, Section 3.6, Rodgers Builders Inc. Solicitation Documents for each Construction Contract will include a form labeled “Subcontractor/Supplier Utilization Commitment” (“Form 3”), which captures information regarding the SBEs and other subcontractors and suppliers that the Bidder intends to use on the Contract. Failure to properly complete and submit Form 3 with the Bid constitutes grounds for rejection of the Bid. Pursuant to Part B, Section 3.7, within (3) Business Days after receiving a request from Rodgers Builders, Inc (or within such longer time as may be communicated by Rodgers Builders, Inc. in writing), Bidders must submit a separate Letter of Intent for each SBE listed on Form 3. Bidders may use the Letter of Intent that Rodgers Builders, Inc. provides with Rodgers Builders, Inc.’s Solicitation Documents or may use an alternative form if it contains the same information as Form 4. Regardless of the form, each Letter of Intent must be executed by both the SBE and the Bidder. Rodgers Builders, Inc. shall not count proposed SBE utilization for which it has not received a Letter of Intent within such time period, unless the SBE certifies to Rodgers Builders, Inc. that it originally agreed to participate in the Contract at the level reported by the Bidder, but subsequently declined to do so.
Signature Your signature on the preceding page indicates that the undersigned Company certifies and agrees that (a) it has complied with all provisions of the SBO Program and (b) failure to properly document such compliance in the manner and within the time periods established by the SBO Program shall constitute a forfeiture of the Company’s bid bond, and shall entitle Rodgers Builders, Inc. to recover under the bid bond and, (c) in the absence of a bid bond, such failure shall entitle Rodgers Builders, Inc. to recover damages for breach of contract.
Small Business Opportunity Program
Revised June 1, 2007
Letter of Intent SBOP Form 4
** Per Part B, Section 3.7, Bidders must submit a separate Letter of Intent for each SBE listed on Form 3 within (3) Business Days after receiving a request from Rodgers Builders, Inc. Bidders may use the Form 4 provided with Rodgers Builders, Inc.’s Solicitation Documents or an alternative form containing the same information as Form 4. Each LOI must be executed by both the SBE and the Bidder.
Pursuant to Part D, Section 5.3.1, Bidders shall also be required to provide a Form 4 for each SBE they add to a Contract subsequent to Contract award. Bidder Name:
Project Name: Discovery Place Renovation – Phase 2 - HVAC Project Number: 512-06-023
Bidders must submit a separate Letter of Intent for each SBE listed on Form 3 and this form must be signed by both the Bidder and SBE firm.
A. To be completed by the Bidder/Service Provider
Name of Bidder:
Address:
Contact Person:
Telephone: Fax:
I, the bidder, acknowledge a QuickPay Commitment or QuickPay Agreement has been extended to this SBE for the work identified below, and that I have submitted, either previously or with this Form, a copy of said Agreement. YES NO
B. To be completed by SBE at any tier Name of SBE:
Address:
Contact Person:
Telephone: Fax:
I, the SBE, certify that my SBE Certification Profile is active and up to date. Certification Expiration Date: / / .
C. Identify in complete details the scope of work to be performed or item(s) to be supplied by the SBE. On unit price bids, identify which bid line item the SBE’s scope of work or supply corresponds:
D. Cost of work to be performed by SBE: $
E. Cost of work to be performed by SBE as a percentage of total amount of City contract: %
Bidder certifies that it intends to utilize the SBE listed above, and that the description, cost and percentage of work to be performed by the SBE as described above is accurate. The SBE Firm certifies that it has agreed to provide such work/supplies for the amount stated above.
Bidder: Date: Signature and Title
SBE Firm: Date: Signature and Title
Small Business Opportunity Program
Revised June 1, 2007
Good Faith Efforts (GFE) and Statement of GFE Compliance SBO Form 5 If NOT meeting the goal, Bidder must submit this form within one business days after Rodgers Builders, Inc. requests it. (Page 1 of 3)
Bidder Name:
Project Name: Discovery Place Renovation – Phase 2 - HVAC Project Number: 512-06-023
Below is a list of Good Faith Efforts as defined in Part B: Section 5.3. To the left of each item is the number of points assigned to that item for this project. Please place an “X” in the first column for each item you are claiming credit. Failure to achieve the minimum number of Good Faith Efforts points stated in the blank below constitutes grounds for rejection of your bid.
Minimum Number of GFE Points Required: 170
15 Section 5.3.1: Notification of Subcontracting Opportunities. Providing to Rodgers Builders, Inc. not later than fourteen (14) calendar days prior to Bid Opening a list of the areas in which the Bidder intends to seek subcontractors and suppliers. The Bidder may report this information on Form 1 or on another document providing the same information as Form 1.
10
Section 5.3.2: SBE Contacts: To receive credit for this GFE, the Bidder must contact a minimum number of SBEs, as specified in Rodgers Builders, Inc. Solicitation Documents. Further, a Bidder must submit an SBE Solicitation Form (“Form 2”) within 3 Business Days after Rodgers Builders, Inc. requests it, unless a different time is specified in Rodgers Builders, Inc. Solicitation Documents.
A Bidder must make the required contacts not less than 7 Days before Bid Opening to receive credit. Refer to Part B, Section 5.3.2 of the SBO Policy for requirements of the Solicitation Method, Solicitation Content, and Solicitation Documentation.
10
Section 5.3.3: Making Plans Available. Making any project descriptions, construction plans, specifications or requirements applicable to the project available for review by Interested SBEs at least seven (7) calendar days before Bid Opening.
To satisfy this requirement, the Bidder must either: (a) provide SBEs with a hard copy of the Project Documents via an acceptable means of document delivery; OR (b) provide necessary physical access and adequate time for SBEs to fully review the Project documents at the Bidder’s place of business within the Charlotte MSA or, if the Bidder has no place of business within the Charlotte MSA, at an alternate location within the Charlotte MSA where the information can be reviewed at no cost to SBEs; AND (c) notify all SBEs contacted as part of the Bidder’s Section 5.3.2 SBE contacts of the locations (including the address) where plans, specifications, and other documents applicable to the Project, can be reviewed.
15 Section 5.3.4: Breaking Down Work. To receive credit for this GFE, the Bidder MUST: (a) notify SBEs as part of a Bidder’s Section 5.3.2 SBE Contacts that the Bidder is willing to divide or combine elements of work into economically feasible units on a case-by-case basis to facilitate SBE participation, and (b) negotiate in good faith with any SBEs that request such divisions.
10 Section 5.3.5: Attendance at Pre-Bid. To receive credit for this GFE, the Bidder must attend any pre-bid meetings scheduled by Rodgers Builders, Inc. for the Contract in question.
15
Section 5.3.6: Conducting a Pre-Bid for SBEs. To receive credit for this GFE, the Bidder MUST conduct a pre-bid meeting for SBEs at least three (3) Business days prior to Bid Opening. The pre-bid meeting must take place within Mecklenburg County, or, if the Bidder has no place of business within Mecklenburg County, at an alternate location within the Charlotte MSA. Not less than 48 hours before the pre-bid meeting, the Bidder must communicate the time and location of the meeting to the SBEs that the Bidder is required to contact to earn GFE points under Section 5.3.2.
40
Section 5.3.7: Training and Mentoring. A Bidder may receive credit for this GFE in one of two (2) ways: (a) Training: Providing training or mentoring to at least two (2) SBEs within 120 days before Bid Opening and the Bidder
must have the training or mentoring certified by the Program Manager.
(b) SBDP Mentor-Protégé Program. The Bidder may also receive credit for this GFE if the Bidder demonstrates that it is participating in the Small Business Development Mentor-Protégé program and that it is a mentor in good standing. The Program Manager shall have the discretion to deny credit for mentoring and training if the mentor is not in good standing.
Small Business Opportunity Program
Revised June 1, 2007
Good Faith Efforts (GFE) and Statement of GFE Compliance SBO Form 5 (Page 2 of 3)
Bidder Name:
Project Name: Discovery Place Renovation – Phase I - HVAC Project Number: 512-06-023
10
Section 5.3.8: Working with SBE Assistance Organizations. To receive credit for this GFE, the Bidder must document that they have performed one of the following within the (120) day period preceding the Bid Opening for an SBE Assistance Organization as defined in Appendix 1 of Part A:
(a) Provide location for SBE Assistance Organization Event: Providing a meeting location for the SBE Assistance Organization to host a regular meeting or special event at no cost or at a reduced rate.
(b) Provide training for SBE Assistance Organization members: Providing training or facilitating workshops aimed at increasing the capacity or skill level or the SBE Assistance Organization members, or participating in training or a workshop sponsored by the SBE Assistance Organization.
(c) Contracting with new SBE: Documenting that the SBE Assistance Organization helped to identify an SBE with whom the Bidder subsequently subcontracted work (whether on a City Construction Contract or other contract). Rodgers Builders, Inc. will not give the Bidder credit for this GFE if the Bidder contracts with an SBE that the Bidder has used on previous projects.
20
Section 5.3.9: Bonding or Insurance Assistance on Construction Contract. To receive credit for this GFE, the Bidder must assist an SBE in obtaining its own bond or insurance coverage for a City contract or another contract by (a) providing direct assistance, (b) showing that the SBE did not have access to the bond or insurance coverage before the Bidder’s assistance; and (c) providing the assistance within the 120 Days preceding the Bid Opening.
To document satisfaction of this GFE, the Bidder must submit: (a) the name of the SBE; (b) a description of the assistance the Bidder provided; (c) the date the Bidder provided the assistance; (d) the name of a contact person with the SBE who can verify that the Bidder provided the assistance; and (e) any additional information requested by Rodgers Builders, Inc.
20
Section 5.3.10: Covering Subcontractors Under Bidder’s Bond or Insurance on the Construction Contract Up for Award. To receive credit for this GFE, the Bidder must commit to cover one or more SBEs under the Bidder’s bond or insurance for work that the Bidder and Rodgers Builders, Inc. would typically require a bond, without requiring the SBEs to provide their own bond or insurance coverage. To document satisfaction of this GFE, the Bidder must (a) identify the SBE to which the Bidder made the commitment; and (b) document that such commitment was communicated to the SBE before the Bidder received the SBE’s bid. Bidders will not receive credit for bonding SBEs on work for which Rodgers Builders, Inc. does not typically require a bond, such as hauling.
20
Section 5.3.11: Entering Into Joint Venture with SBEs. To receive credit for this GFE, the Bidder must document the existence of a Joint Venture agreement between the Bidder and an SBE that increases opportunities for SBE business participation, whether on City Contracts or other contracts. To document satisfaction of this GFE, Bidders must document that they have entered into such an agreement within the 120 Days before the Bid Opening, and such documentation must include; (a) the name of the SBE; (b) a description of the Joint Venture; (c) evidence of the date the Bidder and the SBE entered into the agreement; and (d) the name of a contact person with the SBE who can verify the terms of the agreement.
25
Section 5.3.12: Facilitating Joint Ventures between SBEs. To receive credit for this GFE, the Bidder must within the 120 Days before the Bid Opening facilitate a Joint Venture agreement between SBEs that would not otherwise be able to participate in the Construction Contract. To document satisfaction of this GFE, the Bidder must: (a) comply with Section 3.4.4 (b) submit the names of the two SBEs for which the Bidder facilitated a Joint Venture; (c) provide a description of the steps the Bidder took to facilitate the Joint Venture; and (d) provide a statement from at least one of the SBEs indicating that it would not have been able to participate in the Construction Contract but for the Joint Venture. Additionally, the SBE Joint Venture must be listed on Form 3 as an SBE participating in the Construction Contract for which the Bidder is submitting a Bid.
25
Section 5.3.13: Financial Assistance. To receive credit for this GFE, the Bidder must provide one of the following types of assistance to an SBE during the preceding 90 Days before Bid Opening: (a) assistance in obtaining equipment, a loan, capital, lines of credit, (b) joint pay agreements or guaranties to secure loans, the purchase of supplies, or letters of credit, including waiving credit that is ordinarily required; or (c) assistance in obtaining the same unit pricing with the Bidder’s suppliers as the Bidder. Such assistance may be in connection with a City Construction Contract or any other contract.
To receive credit for this GFE, Bidders must document: (a) the name of the SBE; (b) the description of the assistance the Bidder provided; (c) the date the Bidder provided the assistance; and (d) the name of a contact person with the SBE who can verify that the Bidder provided the assistance was provided.
Small Business Opportunity Program
Revised June 1, 2007
Good Faith Efforts (GFE) and Statement of GFE Compliance SBO Form 5 (Page 3 of 3)
Bidder Name:
Project Name: Discovery Place Renovation – Phase I - HVAC Project Number: 512-06-023
20
Section 5.3.14: Quick Pay Agreements On The Construction Contract Up For Award. For purposes of this Section, the term “Quick Pay Commitment” means a commitment to pay all SBEs participating in the Construction Contract within 20 Days after the Contractor confirms that the SBE has properly performed and the SBE’s work has been properly completed.
To receive credit for this GFE, Bidders must either: (a) provide Rodgers Builders, Inc. with a copy of a policy containing the above-referenced Quick Pay Commitment that the Bidder has adopted for the project and document that the Bidder informed each SBE about the Quick Pay Commitment as part of the Bidder’s SBE contacts under Section 5.3.2; OR (b) provide a legally binding Quick Pay Commitment in the form of an Agreement with each SBE that will participate in the Construction Contract up for award. Including a statement in a Bid solicitation letter indicating that the Bidder will consider entering into quick pay agreements will not suffice.
0
Section 5.3.15: Attendance at City SBO Workshops or Networking Sessions. To receive credit for this GFE, the Bidder must attend a workshop, seminar or networking session held by Rodgers Builders, Inc. to (a) educate contractors or SBEs about the requirements of the SBO Program and how Bidders can comply with the Program; or (b) increase the capacity or skill level of SBEs; or (c) provide networking opportunities for SBEs. To receive credit for this GFE, Bidders must document that they attended such a workshop or seminar during the preceding 90-Days before Bid Opening. The KBU shall not give Bidders credit toward this GFE category for the Bidder’s attendance at a Pre-Bid conference.
15
Section 5.3.16: Follow-up Contacts. To receive credit for this GFE, the Bidder must follow-up with each SBE that the Bidder contacted under Section 5.3.2 that did not reply that it was unwilling to participate in the Construction Contract.
Additionally, the Bidder must: (a) make each follow-up contact subsequent to the initial contact and at least 48 hours before Bid Opening; (b) make each follow-up contact by telephone or in person and (c) provide documentation for each follow-up contact in accordance with Section 5.3.2.3. Rodgers Builders, Inc. may request additional documentation in accordance with Section 5.3.2.4, and may verify the contacts as Rodgers Builders, Inc. deems appropriate.
15 Section 5.3.17: Achieving 50% of SBE Participation Goal. To receive credit for this GFE, the Bidder’s Committed SBE Goal must be at least 50% of the SBE Goal established by Rodgers Builders, Inc. for the Contract.
20
Section 5.3.18: Additional SBE Outreach. To receive credit for this GFE, not less than 7 Days before the Bid Opening, a Bidder must contact 75% of the total number of SBEs Rodgers Builders, Inc. lists or identifies in Rodgers Builders, Inc. Solicitation Documents for the Contract being bid. For example, if Rodgers Builders, Inc. lists 80 SBEs in Rodgers Builders, Inc. Solicitation Documents and requires that Bidders contact a minimum of 20, a Bidder would have to contact 60 SBEs to meet to receive credit under this Section. To receive credit, the Bidder must comply with the solicitation requirements outlined in Section 5.3.2.1, Section 5.3.2.2 and Section 5.3.2.3 (a) through (f).
25
Section 5.3.19: SBE Participation On Non-City Contracts. To receive credit for this GFE, the Bidder must document that during the 120-Day period before Bid Opening, the Bidder used SBEs on non-City contracts where the SBE subcontract value equaled or exceeded the amount the Bidder would have to pay SBEs to meet the SBE Goal for the Construction Contract at issue. To receive credit for this item, Bidders must document for each non-City SBE subcontract: (a) the name of the project and the parties to the contract; (b) the name of the SBEs the Bidder paid on the project; (c) the amount the Bidder paid to each SBE; and (d) any additional documentation requested by the Program Manager for verification purposes.
25
Section 5.3.20: Working With a New SBE. To receive credit for this GFE, the Bidder must document that during the 120-Day period before Bid Opening, the Bidder hired an SBE that it had not previously contracted with to perform at least $10,000 of work, whether on a City contract or other contract. To receive credit for this item, Bidders must document: (a) the name of the project on which the Bidder hired the new SBE; (b) the name of the new SBE the Bidder hired; (c) the amount the Bidder paid or the estimated amount the Bidder will pay to the new SBE; and (d) any additional documentation requested by the Program Manager for verification purposes.
375 Total Available GFE Points 170 Total GFE Points Attained
Per Part B, Section 5 of the SBO Program, if a Bidder has not fully met the SBE Goal, then it must document it has met the GFE requirements by completing this Form. Bidder must submit Form 5 within one business days after Rodgers Builders, Inc. requests it as modified for Discovery Place Renovations Only. Failure to do so constitutes grounds for rejection of the Bid.
Small Business Opportunity Program
Revised June 1, 2007
Payment Affidavit - Subcontractor / Supplier Utilization SBO Form 6 To be submitted with each request for payment from Rodgers Builders Inc. Copy this form as needed.
Invoice Amount: Payment or Invoice #: Project Name: Discovery Place Renovation – Phase 2 - HVAC Contract Number: Payment Period: From To KBU: (Department) Section 1: Payments to SUBCONTRACTORS Complete the chart below for all subcontractors used on the Project/Contract regardless of dollar amount. All subcontractors must be registered in the City’s Vendor Registration System.
Subcontractor’s Name Description of Work Performed NIGP Code City VMS
Number Payment
this Pay Period Cumulative Payments
Section 2: Payments to SUPPLIERS All suppliers providing goods under City contracts must be listed on the Sales Tax Statement submitted with each pay request. Rodgers Builders, Inc. may request on a case-by-case basis that the Contractor require certain suppliers to be registered in the City’s Vendor Registration System and may withhold payment of any amounts due the Contractor in the event the Contractor fails to comply with such request.
The undersigned Company certifies the preceding chart is a true and accurate statement of all payments that have been or will be made to subcontractors and suppliers on this Project/Contract. If no subcontractors or suppliers are listed on the preceding chart, the Company certifies that no subcontractors or suppliers were used in performing the Project/Contract for the payment period indicated. Failure to provide accurate and truthful information is a violation of the Small Business Opportunity Program and is subject to the sanctions prescribed therein.
This day of 200
Name of Company VMS #
Signature Print Name and Title
I. SPECIFICATION SECTIONS:
A. Applicable in total to the work of this Bid Package:
Division 00 - Procurement and Contracting Requirements (entire Section)
Division 01 - General Requirements (entire Section)
Section 260500 - Common Work Results for Electrical
Section 260519 - Low-Voltage Electrical Power Conductors and Cables
Section 260526 - Grounding and Bonding for Electrical Systems
Section 260529 - Hangers and Supports for Electrical Systems
Section 260533 - Raceway and Boxes for Electrical Systems
Section 260536 - Cable Trays for Electrical Systems
Section 260543 - Underground Ducts and Raceways for Electrical Systems
Section 260548 - Vibration and Seismic Controls for Electrical Systems
Section 260553 - Identification for Electrical Systems
Section 260573 - Overcurrent Protective Device Coordination Study
Section 260923 - Lighting Control Devices
Section 262200 - Low-Voltage Transformers
Section 262416 - Panelboards
Section 262419 - Motor-Control Centers
Section 262726 - Wiring Devices
Section 262813 - Fuses
Section 262816 - Enclosed Switches and Circuit Breakers
Section 262913 - Enclosed Controllers
Section 262923 - Variable-Frequency Motor Controllers
Section 263600 - Transfer Switches
Section 265100 - Interior Lighting
Section 265600 - Exterior Lighting
Section 270100 - Telecommunications Conditions and Requirements
Section 270110 - Telecommunications Infrastructure - Outline of Work
Section 270120 - Telecommunications Labels
Section 270130 - Telecommunications Pathways
Section 270140 - Telecommunications Wire and Cable
Section 270150 - Telecommunications Firestopping
Section 270160 - Telecommunications Grounding
Section 270170 - Telecommunications Wiring Components
Section 270180 - UTP Testing and Documentation Procedure
Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
Bid Package No. 16A - Electrical
April 17, 2009
SPECIFIC SUMMARY OF WORK
DIVISION OF WORK: Bid Package No. 16A - Trade Contractor is exclusively responsible for work
described in the following:
Section 264313 - Transient-Voltage Suppression for Low-Voltage Electrical Power
Circuits
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Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
Bid Package No. 16A - Electrical
April 17, 2009
SPECIFIC SUMMARY OF WORK
Section 283111 - Digital, Addressable Fire-Alarm System General
B. Applicable only as required by the work of this Bid Package:
Section 024119 - Selective Structure Demolition
Section 078413 - Penetration Firestopping
Section 083113 - Access Doors and Frames
II.
General Considerations
GC1.0
GC2.0
GC3.0
A. Electrical
A1.0
A2.0 Any and all engineering services (by an engineer registered in the State of North
Carolina) related to installation of any of the work of this Bid Package that is
necessary to satisfy the requirements of the specifications, testing agencies, and
prevailing jurisdictional authority.
This Bid Package will produce Coordination Drawings in CAD and attend
coordination meetings. Coordination drawings will include locating systems,
elevations of equipment and required work clearances. This Bid Package will review
other trades shop drawings and coordination drawings to ensure there are no
conflicts with their work.
The project goal for the Discovery Place Renovation Project is seven percent (7%).
In accordance with the City of Charlotte’s Small Business Opportunity Program, the
established goal for this Bid Package is fifteen percent (15%). Please refer to the
SBO program policy included herein. For further questions, please contact the SBO
Program Manager for the Discovery Place Renovation Project - Lil Associates II, Inc.,
Jasmine Hines, 704-372-3331 or [email protected].
Include temporary power and lighting requirements as described in the General
Summary of Work and a pigtail to either a 208-240 volt three-phase minimum 50
amp breaker and/or a 480 volt three-phase minimum 50 amp breaker within 50 feet
of the Bid Package 09L work area if required by this project.
WORK DESCRIPTION: Furnish all labor, materials, supervision, equipment, insurance,
overhead and profit, necessary or incidental, as required to complete the scope of work
identified in the construction drawings and applicable specification sections referenced
above. Performance of the work must include, but is not necessarily limited to the following:
All fire-stop thru-penetrations in rated walls must be labeled on the wall adjacent to
the penetration accordingly by the Trade Bid Package making the penetration.
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Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
Bid Package No. 16A - Electrical
April 17, 2009
SPECIFIC SUMMARY OF WORK
A3.0
A4.0
A5.0
A6.0
A7.0
A8.0
A9.0
A10.0
A10.01
A10.02
A10.03
A10.04
A10.05
A10.06
A10.07
A10.08
A10.09
Testing and agency approvals.
Painting, stenciling and tagging.
Samples and brochures.
Equipment guarantees and warranties.
As-built drawings.
In-duct smoke detectors for HVAC installation including temporary, if
required.
Maintenance and operation manuals
Fire alarm systems work. This Bid Package will be provided with a Fire Alarm
System Quote from Simplex Grinell to use for the bid. The value of this Simplex
quote is to be included in the Base Bid. This Bid package will be responsible for a
complete code compliant fire alarm system. Coordination and testing of systems is
the responsibility of this Bid Package.
All electrical work specified in other divisions/sections of the Architect’s project
manual must be completed by the this Bid Package Subcontractor. This includes but
is not limited to motor starters, low voltage wiring, equipment interlock wiring, pool
and whirlpool equipment, lights, and timers.
Disconnect switches.
Working/coordination drawings.
Patching of all penetrations necessary to this scope of work is a part of this scope of
work including, but not limited to, acoustical sealants as required by the documents.
All associated fire stopping must be included in the scope of work of this Bid
Package.
Painting of metal studs identifying that the electrical rough-in is complete and
electrical inspection has been approved so that the walls and ceilings can be hung
with gypsum board.
Include furnishing and installation of all required hangers and labels for electrical
system to comply with all prevailing codes.
This Bid Package includes furnishing all access doors required but not shown on the
drawings. The installation of the access panels will be a part of the Drywall Bid
Package.
Responsibility for the following as it relates to the work of this Bid Package:
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Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
Bid Package No. 16A - Electrical
April 17, 2009
SPECIFIC SUMMARY OF WORK
A10.10
A10.11
A10.12
A10.13
A10.14
A10.15
A10.16
A10.17
A10.18
A10.19
A10.20
A10.21
A10.22
A11.0
A11.01
A11.02
A11.03
A12.0
A13.0
A14.0
This Bid Package includes responsibility to include final connections to Owner
furnished equipment.
Ceiling systems
Control wiring coordination with Mechanical Subcontractor.
Transfer switches on equipment so requiring (other than those designated
by others).
Associated caulking and sealants for fixtures, and equipment to finished
surfaces.
Concrete work and encasement, if required.
Partition systems
Blocking and backing as required for the application
Review and acceptance of the design and construction of the following as adequate
for proper installation of the work:
Drawings and specifications performance stipulations for all electrical,
telecommunications, and life safety systems.
Cutting, core drilling and patching of penetrations through the work of other
trades.
Housekeeping pads, transformer pads, light bollard bases, and curbs.
Wire sized properly for motors on mechanical drawings.
Motorwiring, starterswiring, controls wiring.
Telephone backboards.
Electrical rough-in and power connections to electronic faucets and flush
valves. Requirements are to be coordinated with Plumbing drawings and
specifications.
Unless otherwise stipulated in the specifications, all factory-manufactured products
provided are to have factory applied finishes, insulation, and jacketing as appropriate.
Integral support framing is also to have factory applied finishes.
This Subcontractor is responsible for repair of all damage to spray-on fireproofing
resulting from the work of this Bid Package.
Sleeves – furnish and install (floors, walls, and ceilings)
Excavation and backfill, if required.
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Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
Bid Package No. 16A - Electrical
April 17, 2009
SPECIFIC SUMMARY OF WORK
A15.0
A15.01
A15.02
A15.03
A15.04
A15.05
A15.06
A15.07
A15.08
A15.081
A15.082
A15.09
A15.10
A15.11
A15.12
A16.0
A17.0
A18.0
A19.0
Any and all necessary provisions for back boxes, and conduit for all
telecommunications provided by the Owner. These include as examples but are not
necessarily limited to medical telemetry and monitoring, security, data processing,
paging/music, intercom, cable TV, telephone, and close circuit TV.
Site electrical service and lighting (both general illumination and accent) are included
in the scope of work for this Bid Package.
Telephone & data raceways.
Equipment service & connections.
Building power distribution.
Building lighting. (New fixtures will provided for installation under this Bid
Package.
Building supplemental low voltage systems (including empty
raceways/backboxes).
Communications systems.
Fire alarm systems work. This Bid Package will be provided with a Fire
Alarm System Quote to use for the bid. The value of this quote is to be
included in the Base Bid. This Bid Package will be responsible for a
complete code compliant fire alarm system. Coordination and testing of
systems is the responsibility of this Bid Package.
Primary service beyond what is provided by the power company.
Secondary service.
Provide wiring to all flow and tamper switches.
Cutting ceiling tiles as required for installation of electrical fixtures and devices.
Paging and music systems, if applicable.
Control and signal wiring (excluding mechanical HVAC control systems).
Building service distribution.
Switchgear.
Lightning protection.
Complete electrical systems including but not limited to the following:
Rodgers Builders…Our Passion is Building.®
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Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
Bid Package No. 16A - Electrical
April 17, 2009
SPECIFIC SUMMARY OF WORK
A20.0
A20.01
A20.02
A20.03
A21.0
A22.0
A23.0
A24.0
A25.0
A26.0
A27.0
A28.0
The Electrical Subcontractor will leave existing lighting in place until such time that
new lighting is operational. A final switch over will be coordinated with both Rodgers
Builders and the owner as not to disturb the Owners operations.
This Bid Package is responsible for providing all telecommunications systems as
shown on drawings and specifications. This includes but is not limited to backbone,
cabling and devices to complete a functioning system per the drawings and
specifications.
This Trade Bid Package is responsible for all fire watches while Fire Alarm system is
not functioning, and when code and schedule require.
All electrical equipment will have UL label affixed to the outside of the assembly prior
to arriving on jobsite.
It is the responsibility of this Subcontractor to make safe and demolish all electrical
systems components as shown on the drawings and specifications. This includes but
is not limited to demolition and haul off of demolished items.
This Bid Package is to include all necessary electrical modifications and upgrades to
keep power to areas that will be occupied by the owner during construction.
This Package is responsible for furnishing and installing all unistrut systems including
but not limited to all Unistrut grid, hanging materials and incidentals.
This Bid Package is responsible for removing and relocating all electrical items and
fixtures indicated to be relocated. This includes but is not limited to new hanging
materials and means of installing. This package is responsible storage and handling
involved for this work.
Disconnect all existing equipment at its current location.
Provide connections in the new and existing facility for all new and
relocated equipment.
As further definition of the above, the requirements of this Bid Package are as
follows. Note the following pertaining to Owner operational equipment:
Moving and positioning in place of relocated and new equipment (including
anchoring) will be performed by others.
Rodgers Builders…Our Passion is Building.®
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Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
Bid Package No. 16A - Electrical
April 17, 2009
SPECIFIC SUMMARY OF WORK
A29.0
A30.0
A31.0
A32.0
A33.0
A34.0
A35.0
A36.0
A37.0
A38.0
This existing building card readers and cameras are by SFI. Only SFI will be used for
card readers and cameras systems work. This Bid Package is responsible for all
access control and camera systems work.
This existing building security systems are by Sonitrol. Only Sonitrol will be used for
Security Systems work. This Bid Package is responsible for all security systems
work.
This bid package to use Ground Penetrating Radar (GPR) for all Slab Penetrations
This Bid Package will be provided all new light fixtures by others. This Bid Package is
responsible for inventorying and accepting and installing these fixtures. This Bid
Package is responsible for these fixtures upon acceptance. This Bid Package to
include all hanging materials, miscellaneous hardware, anchors and attachments for
these fixtures. Only the fixture will be provided by others. This Bid Package is
responsible for all elements of building lighting with the exception of providing the
new fixtures.
This existing building Fire Alarm systems are by Simplex. Only Simplex will be used
for Fire alarm Systems work. This Bid Package is responsible for all Fire Alarm
systems work.
The fire alarm system should not only be UL listed as listed in specifications, but a
label needs to be visible on the outside of all equipment shipped from the factory (not
field applied).
This Bid Package is to include all engineering as required for Unistrut System. This
Bid package is responsible for all unistrut that is indicated in the drawings and
specifications.
Complete Fire Alarm drawings will need to be submitted for approval to the Electrical
Subcontractor, GC and design team and it is the responsibility of the Fire Alarm
subcontractor to provide a complete system that meets all code requirements and
inspections by Mecklenburg County and the City of Charlotte, whether specifically
shown on the bidding documents or not.
This Trade Bid Package is responsible for ALL cutting and patching as required to
install new work including but not limited to cutting in of boxes and all conduit and
infrastructure where required.
This Trade Bid Package is responsible for demolition and relocation of electrical
systems required for install new work regardless if shown on drawings or not.
Rodgers Builders…Our Passion is Building.®
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Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
Bid Package No. 16A - Electrical
April 17, 2009
SPECIFIC SUMMARY OF WORK
ALL-01
ALL-02
Provide an allowance for additional fire penetration caulking of five thousand dollars
($5,000) over and above what is indicated in the pricing documents. This value to be
included in the base bid.
Provide an allowance for additional fire alarm system devices, exit lighting, and
emergency lighting of ten thousand dollars ($10,000) over and above what is
requirered for a code compliant system. This value to be included in the base bid.
ALL ALTERNATES, UNIT PRICES AND EQUIPMENT RATES MUST INCLUDE SUBCONTRACTOR’S
OVERHEAD, PROFIT AND BOND COSTS.
BID PACKAGE SPECIFIC ALLOWANCES
The following Allowance(s) is/are to be included in the Base Bid of this Bid Package.
Rodgers Builders…Our Passion is Building.®
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Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
Bid Package No. 16A - Electrical
April 17, 2009
SPECIFIC SUMMARY OF WORK
1.
1.01
1.02
1.03
1.04
1.05
1.06
1.07
1.08
1.09
1.10
1.10
1.11
1.12
1.13
GPR for penetrations ls
1
1
ea
ls
1 ls
Mobilizations(s)
Coordination / Record Drawings
General
1 ls
Manhours to Coordinate Cutting and Patching 1
Coring / Sleeving / Firestopping 1
Phasing 1 ls
Selective Demolition - Cut, Cap, Drop to Floor,
Make Safe, and Remove from Site
Scaffolding / Staging / Hoisting
sf
1 ls
ls
Excavation & Backfill if required
Sawcutting, Demo of Concrete, Trenching,
Backfill, & Slab Replacement
ls
Seismic Restraint
ls
Temporary Light & Power - Building
ls1
1 ls
Electrical Demolition
Item # Item Description Quantity Unit Amounts
Each Bid Package is required to provide a price breakdown of their lump sum bid, at bid time. The price
breakdown is for information and evaluation purposes only. The BID AMOUNT quoted shall be the full
compensation for each Bid Package as defined by the Scope of Work. Bid Amounts shall be broken down
as identified below.
Rodgers Builders…Our Passion is Building.®
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Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
Bid Package No. 16A - Electrical
April 17, 2009
SPECIFIC SUMMARY OF WORK
2.
2.1
2.2
2.3
2.4
3.
3.1
3.2
4.
4.1
4.2
4.3
4.4
4.5
4.6
5.
5.1
5.2
5.3
5.4
ea
ea
Pad Mounted Transformer- if required
lfManhole & Foundation Penetrations; Coring &
Duct Terminator
Primary Service
Distribution Equipment - Normal Power
Secondary Service
Primary Ductbank
lf
ea
1 ls
ea
lf
ea
ea
eaDry Type Transformers
kva
Distribution Panelboards
TVSS
Circuit Breakers
Circuit Breakers
Dry Type Transformers
ea
Distribution Equipment - Emergency Power
Lighting & Power Panelboards
Lighting & Power Panelboards
Secondary Feeders between appropriate
Distribution Equipment
lf
Rodgers Builders…Our Passion is Building.®
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Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
Bid Package No. 16A - Electrical
April 17, 2009
SPECIFIC SUMMARY OF WORK
6.
6.1
6.2
6.3
6.4
6.5
6.6
6.7
6.8
6.9
6.10
7.
7.01
7.02
7.15
7.16
7.17
7.18
7.19
7.20
ea
ea
Power: Hot Water Unit Heater & Hot Water
Cabinet Unit Heater
ea
Branch Circuit Wiring Equipment
Power: HVAC Pumps including In-Line, Base Mtd
End Suction, Horiz Split Sys, Vert Split Sys.
Power: Fans
Junction Box ea ea
ea
lf
Special Purpose Receptacle ea
ea eaSingle Convenience Receptacle
Duplex Convenience Receptacle
GFI Duplex Convenience Receptacle
WP GFI Duplex Convenience Receptacle
Branch Circuit Wiring Devices
eaea
Floor Box
Branch Circuit Wiring
ea ea
lf
ea
ea
ea
ea ea
ea
ea ea
ea
Double Duplex Convenience Receptacle
Power: Chiller
Power: Air Terminal Unit
ea
Power: Fan Coil Unit
ea
Power: Fin Tube Radiation
Power: Electric Unit Heater & Electric Cabinet Unit
Heater
Rodgers Builders…Our Passion is Building.®
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Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
Bid Package No. 16A - Electrical
April 17, 2009
SPECIFIC SUMMARY OF WORK
7.21
7.22
7.23
7.24
8.
8.1
8.2
8.3
8.4
8.5
8.6
8.7
8.8
8.9
8.10
9.
9.1
9.2
9.3
9.4
ea
Lighting
Interior Light Fixture hanging material, anchors,
incidentals
ea
ea
Stand Alone Dimming Control w/Preset Scenes
Interior Light Fixtures (materials by others)
Interior Light Fixture material inventory and
storage.
ea
ea
ea
ea
Three Way Switch
Power: Air Handling Unit
Power: Variable Air Volume Unit
Power: Air Handling Unit
ea
ea
Single Pole Switch & WP Single Pole Switch
Dimming & Switches
ea
Dimming Panel ea
ea
Dimming Switch
Occupancy Sensor ea
Four Way Switch
ea
Dimmer Controller
Master Dimmer Control ea
ea
Rodgers Builders…Our Passion is Building.®
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Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
Bid Package No. 16A - Electrical
April 17, 2009
SPECIFIC SUMMARY OF WORK
10.
10.01
10.02
10.03
10.04
10.05
10.06
10.07
10.08
10.09
10.10
10.11
10.12
10.13
10.14
10.15
10.16
Fire Alarm
Engineering, Programming, & Start-Up
ea
ea
Fire Alarm Control Cabinet ea
Fire Alarm Terminal Cabinet
Strobe
Manual Pull Station
Furnish & Wire Duct Smoke Detectors
ea
ea
ea
ea
Knox Box
ea
ea
Conduit w/Cable
Remote Alarm Indicator
lf
Fire Alarm Annunciator
ea
ea
Wiring of Tamper, Pressure, & Flow Switches
ea
Horn/Strobe ea
Smoke Detector, Heat Detector
ea
Beam Detector
Magnetic Door Holder
ea
Rodgers Builders…Our Passion is Building.®
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Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
Bid Package No. 16A - Electrical
April 17, 2009
SPECIFIC SUMMARY OF WORK
11.
11.01
11.02
11.03
11.04
11.05
11.06
11.07
11.08
11.09
12.
12.01
12.02
12.03
12.04
13.
13.1
13.2
14.
14.1
Miscellaneous
Security - Turnkey 1 ls
ls
Unistrut Grid ea
1 ls
Tele/Data Outlet; Conduit; Pullstring; and Box ea
CATV Outlet; Conduit; Pullstring; and Box ea
CCTV 1 ls
Cabling/Wiring of Outlets 1 ls
Data Outlet; Conduit; Pullstring; and Box
Telephone Outlet; Conduit; Pullstring; and Box
ea
ea
Telephone Backboard - Plywood
Cable Tray lf
Telecommunications
ea
Electrical Access Doors
Unload, Store, Protect, and Install Items Furnished by
Others
Items Furnished FOB Jobsite for Installation by Others
Card readers
Interior Light Fixtures (materials by others)
Rodgers Builders…Our Passion is Building.®
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Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
Bid Package No. 16A - Electrical
April 17, 2009
SPECIFIC SUMMARY OF WORK
15.
15.1
15.2 Provide an allowance for additional fire alarm
system devices, exit lighting, and emergency
lighting of ten thousand dollars ($10,000) over and
above what is requirered for a code compliant
system. This value to be included in the base bid.
$5,000Provide an allowance for additional fire penetration
caulking of five thousand dollars ($5,000) over and
above what is indicated in the pricing documents.
This value to be included in the base bid.
Allowances
$10,000
Rodgers Builders…Our Passion is Building.®
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Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
Bid Package No. 16A - Electrical
April 17, 2009
SPECIFIC SUMMARY OF WORK
p
1
Provide the Anticipated Lead-Time for:
Professional Liability Insurance ($2,000,000.00) will be Provided
MISCELLANEOUS CONSIDERATIONS:
T O T A L P R I C E (Lines 1 + 2 + 3 + 4)
BID SUMMARY:
3
4
Amounts
After Receipt of Approved Shop Drawings / Samples
Bond Amount as Required by Contract Documents
Out of Town Living Expenses for Labor Crews (IF APPLICABLE)
LEAD TIMES:
LEAD TIMES:
Provide the Anticipated Lead-Time for:
Provide the Anticipated Lead-Time for:
After Receipt of Approved Shop Drawings / Samples weeks
After Receipt of Approved Shop Drawings / Samples weeks
NoYes
weeks
Yes
p
2 Sales Tax on Materials Incorporated into the Site & Buildings
Subtotal
p
p
Has a Bid Bond been Included as Indicated by the Contract Documents No
LEAD TIMES:
ENTER COMPANY NAME HERE:
Rodgers Builders…Our Passion is Building.®
BPM DP Formal Phase 2 2009 04 171
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SBO PROVISIONS AND FORMS
Revised June 1, 2007
FOR
Discovery Place Renovations
Phase 2 – Electrical _____________________________________________________________________
Revised June 1, 2007 (E&PM)
1. APPLICATION: The City of Charlotte’s Small Business Opportunity Program (SBO Program) is incorporated into and made a part of this solicitation and the resulting contract (the “Contract”). Copies of the SBO Program may be obtained on-line at http://smallbiz.charmeck.org or from the SBO Office, 600 E. Fourth Street, Charlotte, North Carolina 28202-2850, Phone 704-336-2473. Capitalized terms used in this document are defined in the SBO Program. 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 Rodgers Builders, Inc. The SBO Program requires that you (a) meet the SBE Utilization Goal listed in Section 2 below; or (b) comply with the Good Faith Efforts requirements referenced in Section 3 below. Failure to comply with the SBO Program in the bid/proposal phase will constitute grounds for rejection of your bid. Failure to comply after contract award may result in assessment of damages or termination of your contract.
2. THE SBE UTILIZATION GOAL FOR THIS CONTRACT HAS BEEN SET AT: 15 % Each Bidder must submit the proposed SBE utilization on the Form 3 listing subcontractors and suppliers that will be providing goods or services and projected dollar amount for each SBE. Bidders must also indicate the total dollar value of SBE participation for the contract. In the event the bidder has no SBE participation, the Bidder is still required to indicate this on Form 3 by entering the word or number zero. Blank forms will be deemed to represent zero participation. Bids submitted which do not have the above required SBE information indicated on Form 3 may cause the bid to be considered non-responsive and it may be rejected. Form 3 must be submitted with your bid. Rodgers Builders, Inc. will only give Bidders credit toward the SBE Goal for those SBES that are certified SBEs as of the Bid Opening and that meet Part B Section 3 of the SBO Program. Please note that to count an SBE toward your SBE Utilization Goal; you will need to have that SBE sign a Letter of Intent on Form 4 (or an equivalent form containing the same information). Rodgers Builders, Inc. will request your Letters of Intent if you are a finalist for contract award, and you must submit a separate Form 4 for each SBE identified on the Form 3 within 3 Business Days after Rodgers Builders, Inc. requests it.
3. GOOD FAITH EFFORTS: IF YOU DO NOT MEET THE SBE UTILIZATION GOAL, then you
must meet the Good Faith Efforts requirements set forth in Part B Section 5 of the SBO Program. These are summarized below. Failure to do so will constitute grounds for rejection of your bid.
Documenting Good Faith Efforts. To demonstrate Good Faith Efforts compliance, you must complete and submit Form 5 Good Faith Efforts (GFE) / Statement of GFE Compliance. Form 5 states the minimum required Good Faith Efforts points for this Contract, and lists the number of points attainable for each type of Good Faith Effort. Rodgers Builders, Inc. will request your Good Faith Efforts (GFE) / Statement of GFE Compliance if you are a finalist for contract award, and you must submit Form 5 within 1 Business Days after the Rodgers Builders, Inc. requests it. It is important that you carefully review Part B Section 5 of the SBO Program as soon as possible so as to put yourself in a position to provide the documentation. Please note that the due date for Form 5 has been specifically modified and approved by the Department of Economic Development for the Discovery Place Renovation project in order to facilitate meeting the schedule requirements of the project. 3.1 SBE Contacts:
In order to receive credit for this Good Faith Effort at least 7 Calendar Days prior to Bid Opening, you must contact at least 2 SBE firms (the “Minimum Contacts”) listed in the SBE Source List provided with Rodgers Builders, Inc.’s bid or proposal packet or that can be found on the Small Business Development Program website located at http://epmcontracts.charmeck.org. Please refer to Part B Section 5.3.2 of the SBO Program regarding how these Minimum Contacts must be made and documented. Minimum Contacts must be recorded on Form 2, which is submitted along with Form 5. Please note that you must make the Minimum Contacts at least 7 Calendar Days before Bid Opening. It is important that you carefully review Part B Section 5.3.2 of the SBO Program as soon as possible so as to put yourself in a position to provide Form 2 and any other documentation as requested by Rodgers Builders, Inc.
Good Faith Negotiation. You must negotiate in good faith with all interested SBE firms. Part B Section 4.4 of the SBO Program defines what negotiating in “good faith” means. Among other things, it means that if an SBE is low bid on a contract for construction or for the procurement of goods, then you must contract with that SBE
Revised June 1, 2007 (E&PM)
unless it is not “Qualified” within the meaning of the SBO Program. To demonstrate Good Faith Negotiation Compliance you must submit good faith documentation as requested by Rodgers Builders, Inc. to support your efforts for each subcontracting opportunity identified by Rodgers Builders, Inc. for which the low bid by an SBE is not accepted. You must provide such forms and information within 1 Business Days after Rodgers Builders, Inc. requests it. Failure to comply with the requirements set forth in this section shall constitute grounds for rejecting a bid.
Self-Performance. Bidders that do not meet the SBE Utilization Goal and desire to self perform all of the Contract must nevertheless demonstrate that they complied with the Good Faith Efforts requirements as provided in Part B Section 5.6 of the SBO Program. Failure to do so shall constitute grounds for rejection of your bid. Bidders that intend to self perform may be required to submit additional documentation to Rodgers Builders, Inc. at least 14 calendar days prior to the Bid Opening to obtain clearance for self performance.
Plans and Specifications. Plans and Specifications may be viewed at Rodgers Builders, Inc., Center City office located at 400 West Trade Street, Charlotte, NC 28202. Other locations:
Richa Graphics 204 N. Tryon St.
Charlotte, NC 28202 704-333-9744
Carolinas AGC (CAGC) 1100 Euclid Ave
Charlotte NC 28203 704-372-1450
Metrolina Contractors Resource Center
3124 W. Trade Street, Suite A, 704-332-5746
Hispanic Contractors Association of Carolinas 2923 E Independence Blvd
Charlotte NC 28205 877-227-1680
4. MANDATORY SUBCONTRACTING REQUIREMENTS
Per Part B Section 2.5 of the SBO Program, City Council has the authority to establish mandatory, subcontracting requirements for certain contracts. The blank checked below indicates whether such requirements have been established for this Contract:
City Council has established a mandatory subcontracting requirement of percent ( %) for this Contract.
City Council has not established a mandatory subcontracting requirement for this Contract. 5. SBO PROGRAM PROVISIONS APPLICABLE AFTER CONTRACT AWARD
If you are awarded a Contract with Rodgers Builders, Inc., note in particular the following Sections of the SBO Program that relate to post award requirements and activity:
a. Compliance with committed SBE utilization level throughout the Contract per Part D Section 2 of the
SBO Program. b. Terminating or Replacing an SBE on a contract per Part D Section 5 of the SBO Program. c. New Subcontractor Opportunities/Additions to Scope, Contract Amendments per Part D Section 6 of the
SBO Program. d. Payments to SBEs per Part D Section 7 of the SBO Program. e. Utilization Reports and Documentation of Payments per Part D Section 8 of the SBO Program.
6. SBO CONTRACT PROVISIONS
The following provisions are incorporated into any contract that may result from this solicitation. Small Business Opportunity Program. Rodgers Builders, Inc. has adopted a Small Business Opportunity Program, which is posted on the City’s website and available in hard copy form upon request to Rodgers Builders, Inc.. The parties agree that:
(i) The terms of the City’s Small Business Program, as revised from time to time, together with all rules and
guidelines established under such program (collectively, the “SBO Program”) is incorporated into this Agreement by reference; and
(ii) A violation of the SBO Program shall constitute a material breach of this Agreement, and shall entitle Rodgers Builders, Inc. to exercise any of the remedies set forth in Part D of the SBO Program, including but not limited to liquidated damages; and
Revised June 1, 2007 (E&PM)
(iii) Without limiting any of the other remedies Rodgers Builders, Inc. has under the SBO Program, Rodgers Builders, Inc. shall be entitled to withhold periodic payments and final payment due to the Contractor under this Agreement until Rodgers Builders, Inc. has received in a form satisfactory to Rodgers Builders, Inc. all claim releases and other documentation required by the City’s SBO Program, and 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 G.S. 143-134.1; and
(iv) The remedies set forth in Part D Section 13 of the SBO Program shall be deemed cumulative and not exclusive and may be exercised successively or concurrently, in addition to any other available remedy; and
(v) Rodgers Builders, Inc. will incur costs if the Contractor violates the SBO Program, and such costs are difficult to ascertain due to their indefiniteness and uncertainty. Accordingly, the Contractor agrees to pay Rodgers Builders, Inc. liquidated damages at the rates set forth in Part D of the SBO Program.
(vi) The Contractor agrees to participate in any dispute resolution process specified by Rodgers Builders, Inc. from time to time for the resolution of disputes arising from the SBO Program.
(vii) Nothing in this Section shall be construed to relieve a Contractor from any obligation it may have under N.C. Gen. Stat. 143-134.1 regarding the payment of subcontractors.
Remedies for Violation of SBO Program. A violation of the SBO Program by a Contractor shall constitute a material breach of the Contract, and shall entitle Rodgers Builders, Inc. or private owner to:
(i) Exercise all rights and remedies that it may have at law or at equity for violation of the SBO Program;
Terminate the Contract for default; (ii) Suspend the Contract for default; (iii) Withhold all payments due to the Contractor under the Contract until such violation has been fully cured
or Rodgers Builders, Inc. and the Contractor have reached a mutually agreeable resolution; (iv) Assess liquidated damages as provided in the following Part D Section 13.2; and/or (v) Offset any liquidated damages and/or any amounts necessary to cure any violation of the SBO Program
from any retainage being held by Rodgers Builders, Inc. on the Contract, or from any other amounts due to the Contractor under the Contract.
The remedies set forth herein shall be deemed cumulative and not exclusive, and may be exercised successively or concurrently, in addition to any other available remedy.
Liquidated Damages. Rodgers Builders, Inc. and the Contractor acknowledge and agree that Rodgers Builders, Inc. will incur costs if the Contractor violates the SBO Program in one or more of the ways set forth below. The parties further acknowledge and agree that Rodgers Builders, Inc. will incur damages as a result of such failure, but that the costs Rodgers Builders, Inc. might reasonably be anticipated to accrue as a result of such failures are difficult to ascertain due to their indefiniteness and uncertainty. Accordingly, the Contractor agrees to pay Rodgers Builders, Inc. liquidated at the rates set forth below for each specified violation of the SBO Program. The Contractor further agrees that for each specified violation the agreed upon liquidated damages are reasonably proximate to the loss Rodgers Builders, Inc. will incur as a result of such violation:
(i) Failure to meet the SBE Goal. If Rodgers Builders, Inc. determines upon completion or termination of
a Contract that the Contractor did not meet the Committed SBE Goal and that such failure is not otherwise excused under Part D Section 2, Rodgers Builders, Inc. may assess the lesser of : (a) $30,000 or (b) the dollar difference between the Committed SBE Goal and the Contractor’s actual SBE utilization;
(ii) Using SBE as a Conduit. If the Contractor lists an SBE to receive credit toward a Committed SBE Goal with knowledge that the SBE will be acting as a Conduit or will not be performing a Commercially Useful Function reasonably commensurate with the payment amount for which the Contractor will be seeking credit, Rodgers Builders, Inc. may assess the lesser of: (a) $20,000 or (b) the dollar amount the Contractor indicated that it would pay such SBE in the SBEs contract (or if no contract has been signed, the SBE’s Letter of Intent);
(iii) Wrongful Termination or Replacement of SBE Services. If the Contractor terminates or replaces an SBE in violation of the SBO Program, Rodgers Builders, Inc. may assess the lesser of: (a) $20,000 or (b) the dollar amount of the work remaining to be performed by the terminated SBE at the time it was
Revised June 1, 2007 (E&PM)
terminated (or if the SBE was not terminated because it was never retained, then, the dollar amount that the Contractor indicated it would pay the SBE in the SBE’s letter of intent) or ;
(iv) Failure to Comply with SBO Program Upon Termination or Withdrawal by SBE. If the Contractor fails to comply with Part D Section 5 of the SBO Program upon the termination or withdrawal of an SBE the City may assess the lesser of: (a) $20,000 or (b) the dollar amount of the work remaining to be performed by the SBE that withdrew or was terminated at the time of the termination or withdrawal;
(v) Failure to Comply with SBO Program to Add New Subcontractors. If the Contractor fails to comply with Part D of the SBO Program in adding new subcontractors to a Contract, or in the event of a Contract amendment or increase in the scope of work on a contract, Rodgers Builders, Inc. may assess the lesser of: (a) $20,000; or (b) the dollar amount of the new or additional work;
(vi) False Statements and Misrepresentations. If the Contractor makes a false statement or material misrepresentation regarding any matter relevant to the SBO Program (including but not limited to information provided regarding payments made to SBEs), Rodgers Builders, Inc. may assess the lesser of: (a) $25,000; or (b) the dollar difference between what the Contractor represented and the truth;
(vii) Failure to Respond to Request for Information. If the Contractor fails to provide any report, documentation, affidavit, certification or written submission required under the SBO Program within the time period ser forth therein, Rodgers Builders, Inc. may assess $25 per day for each day that such report, documentation or written submission is overdue.
7. SBO FORMS
Bidders shall submit the following forms with Bid document or at a time specified:
Submission Requirements Form No. Notification of Subcontractor / Purchasing Opportunities. Identifies all the subcontracting or supplier opportunities available on the Contract.
Submission is optional. If submitted, it must be received by Rodgers Builders, Inc. fourteen (14) Calendar Days before the Bid Opening date.
Form 1
SBE Solicitation. Identifies all SBEs the Bidder contacted or those that contacted the Bidder and the scope of work for which they were contacted. Includes date and method of contact for SBE firms. Good Faith Negotiation is documented on this form.
Rodgers Builders, Inc. will request this form from finalists for contract award. Must submit within three (3) Business Days after requested by Rodgers Builders, Inc.
Form 2
Subcontractor / Supplier Utilization Commitment. Identifies all subcontractors, suppliers, manufacturers, brokers and/or members of a joint venture to be utilized on the contract and dollar amounts committed to SBEs. Bidders must include all subcontractors known at the time the Bid or proposal is submitted.
Due with bid.
Form 3
Letter of Intent. Bidders must submit a separate Letter of Intent executed by each SBE listed on Form 3 that the Bidder will use on the Contract.
Rodgers Builders, Inc. will request this form from finalists for contract award. Must submit within three (3) Business Days after requested by Rodgers Builders, Inc.
Form 4 or alternative as permitted by the City
Good Faith Efforts (GFE) / Statement of GFE Compliance. States the minimum GFE points required for this solicitation and the number of points attributable to each GFE item. Bidder must check each GFE item for which it earned points, as described in Part C Section 5.3 of the SBO Program.
Rodgers Builders, Inc. will request this form from finalists for contract award. Must submit within one (1) Business Days after requested by Rodgers Builders, Inc.
Form 5
Revised June 1, 2007 (E&PM)
Payment Affidavit. Contractor shall provide with each pay request to Rodgers Builders, Inc. a payment affidavit showings payments made to all subcontractors, suppliers, manufacturers, brokers, and / or members of a joint venture in connection with the contract.
Due with each pay request. Form 6 or alternative proof as permitted by the City
All SBO Forms are also available on-line at http://epmcontracts.charmeck.org. Forms must be received by fax, e-mail or US Mail.
8. Please find below a list of activities that Rodgers Builders, Inc. has identified as potential Small Business
Enterprise (SBE) subcontracting opportunities. This is a potential listing not all inclusive. Bidder may identify additional or different opportunities.
NIGP Code Description
91082 Wiring and Other Electrical Maintenance and Repair Services 91438 Electrical 96269 Temporary Labor 99837 Electrical Supplies
A list of SBE vendors can be accessed at the following Website: http://smallbiz.charmeck.org A SBE vendor source list is also included herein.
ELECTRICAL SBE LIST
by NIGP Code 91082 - Wiring and Other Electrical Maintenance and Repair Services Kromah Electric Co. Inc. VMS #: SM15019 Physical 10400 Northwoods Forest DR Contact: Priscilla Kromah Address: Charlotte NC 28214 Phone: (704) 287-4099 Fax: (704) 393-7782 Mailing E-Mail: [email protected] Address: Website: Certification Dates: SBE-May 8 2006 - May 8 2009 , MWBE-May 8 2006 - May 8 2009
RDS Electrical Contracting of Charlotte, LLC VMS #: SM8238 Physical 2806 N Graham ST Contact: David E. Smith Address: Charlotte NC 28206 Phone: (704) 370-0800 Fax: (704) 370-0908 Mailing 2806 N Graham ST E-Mail: [email protected] Address: Charlotte NC 28206 Website: Certification Dates: MWBE-Mar 28 2007 - Mar 28 2010 , SBE-Mar 28 2007 - Mar 28 2010
Three B's Services, Inc VMS #: SM15462 Physical 3843 Water Reach LN Contact: Ricky Brown Address: Indian Trail NC 28079 Phone: (704) 361-5896 Fax: Mailing E-Mail: [email protected]; [email protected] Address: Website: Certification Dates: SBE-Aug 21 2006 - Aug 21 2009 , MWBE-Aug 21 2006 - Aug 21 2009
Vector Electric Company VMS #: S9000 Physical 4012 N Graham ST Contact: Andy McClure Address: Charlotte NC 28206 Phone: (704) 334-9713 Fax: (704) 343-0899 Mailing P.O. Box 790008 E-Mail: [email protected] Address: Charlotte NC 28206 Website: www.vectorelectriccompany.com Certification Dates: SBE-Oct 27 2006 - Oct 27 2009
91438 - Electrical A & W Electric, Inc. VMS #: SM10084 Physical 127 W 28th ST Contact: Tim M. Hebert Address: Charlotte NC 28206 Phone: (704) 333-4986 Fax: (704) 379-7903 Mailing 127 W 28th ST E-Mail: [email protected] Address: Charlotte NC 28206 Website: www.aandwelectric.com Certification Dates: MWBE-Aug 20 2007 - Aug 20 2010 , SBE-Aug 20 2007 - Aug 20 2010
Alternate Power Services Inc. VMS #: SM15605 Physical 4123 Woodleaf RD Contact: William M Boone Address: Charlotte NC 28205 Phone: (980) 235-9045 Fax: (704) 621-4121 Mailing E-Mail: [email protected] Address: Website: www.alternatepowerservices.net Certification Dates: SBE-Nov 27 2006 - Nov 27 2009 , MWBE-Nov 27 2006 - Nov 27 2009
Page 1 of 4 Discovery Place Renovations - Phase 2 - Electrical
91438 - Electrical E. Moore & Son Electric Inc. VMS #: SM8132 Physical 2708 N Graham ST Contact: Edroy Moore, Sr. Address: Charlotte NC 28206 Phone: (704) 358-8828 Fax: (704) 358-8810 Mailing 2708 N Graham ST E-Mail: [email protected]; Address: Charlotte NC 28206 Website: www.emooreelectric.com Certification Dates: SBE-Nov 23 2007 - Nov 23 2010 , MWBE-Nov 23 2007 - Nov 23 2010
Electric System Specialists, Inc. VMS #: S8974 Physical 3229 South BV Contact: John Foster Address: Charlotte NC 28209 Phone: (704) 529-5782 Fax: (704) 525-5691 Mailing E-Mail: [email protected] Address: Website: Certification Dates: SBE-Jul 5 2006 - Jul 5 2009
FQE, Inc. VMS #: S13986 Physical 1127 Mount Gallant RD Contact: John Stallings Address: Rock Hill SC 29732 Phone: (803) 366-8241 Fax: (803) 324-3771 Mailing E-Mail: [email protected] Address: Website: Certification Dates: SBE-Aug 11 2005 - Aug 11 2008
J. Moore & Sons Electric VMS #: SM8946 Physical 2538 Cedarwild RD Contact: James Moore Address: Charlotte NC 28212 Phone: (704) 536-0202 Fax: (704) 563-5417 Mailing E-Mail: [email protected] Address: Website: Certification Dates: SBE-Jun 9 2006 - Jun 9 2009 , MWBE-Jun 9 2006 - Jun 9 2009
Kromah Electric Co. Inc. VMS #: SM15019 Physical 10400 Northwoods Forest DR Contact: Priscilla Kromah Address: Charlotte NC 28214 Phone: (704) 287-4099 Fax: (704) 393-7782 Mailing E-Mail: [email protected] Address: Website: Certification Dates: SBE-May 8 2006 - May 8 2009 , MWBE-May 8 2006 - May 8 2009
Magma Construction VMS #: SM15258 Physical 4194 Barrier Store RD Contact: Mr. Chom Choe Address: Mount Pleasant NC 28124 Phone: (704) 467-4267 Fax: (704) 436-6368 Mailing E-Mail: [email protected] Address: Mt. Pleasant NC 28124 Website: Certification Dates: MWBE-Jul 27 2006 - Jul 27 2009 , SBE-Jul 27 2006 - Jul 27 2009
Page 2 of 4 Discovery Place Renovations - Phase 2 - Electrical
91438 - Electrical Major Contractors, Inc. VMS #: SM11574 Physical 3722 Performance RD Contact: Justin McConnell Address: Charlotte NC 28214 Phone: (704) 392-3133 Fax: (704) 399-9173 Mailing PO Box 68 E-Mail: [email protected] Address: Paw Creek NC 28130 Website: Certification Dates: MWBE-Dec 19 2007 - Jan 3 2011 , SBE-Dec 19 2007 - Jan 3 2011
R.D. Franklin Electric, Inc. VMS #: S10606 Physical 891 Central DR Contact: Roger D. Franklin Address: Concord NC 28027 Phone: (704) 782-0919 Fax: (704) 782-0907 Mailing P.O. Box 5045 E-Mail: [email protected] Address: Concord NC 28027 Website: Certification Dates: SBE-Oct 18 2007 - Oct 18 2010
RDS Electrical Contracting of Charlotte, LLC VMS #: SM8238 Physical 2806 N Graham ST Contact: David E. Smith Address: Charlotte NC 28206 Phone: (704) 370-0800 Fax: (704) 370-0908 Mailing 2806 N Graham ST E-Mail: [email protected] Address: Charlotte NC 28206 Website: Certification Dates: MWBE-Mar 28 2007 - Mar 28 2010 , SBE-Mar 28 2007 - Mar 28 2010
S.E.H. Electrical Services, Inc. VMS #: S12025 Physical 7501 Old Mount Holly RD Contact: Steve Horne Address: Charlotte NC 28214 Phone: (704) 392-4616 Fax: Mailing E-Mail: [email protected] Address: Paw Creek NC 28130 Website: Certification Dates: SBE-Nov 9 2007 - Nov 9 2010
Southern Image Electric Company VMS #: S15088 Physical 20920 SierraVista DR Contact: Ed Parker Address: Cornelius NC 28031 Phone: (704) 987-0300 Fax: (704) 987-0520 Mailing E-Mail: [email protected] Address: Website: Certification Dates: SBE-Apr 26 2006 - Apr 26 2009
Vector Electric Company VMS #: S9000 Physical 4012 N Graham ST Contact: Andy McClure Address: Charlotte NC 28206 Phone: (704) 334-9713 Fax: (704) 343-0899 Mailing P.O. Box 790008 E-Mail: [email protected] Address: Charlotte NC 28206 Website: www.vectorelectriccompany.com Certification Dates: SBE-Oct 27 2006 - Oct 27 2009
Page 3 of 4 Discovery Place Renovations - Phase 2 - Electrical
91438 - Electrical Williams Realty & Remodeling, Inc. VMS #: SM17186 Physical 2317 Laura DR Contact: Michael Williams Address: Charlotte NC 28212 Phone: (704) 804-1112 Fax: (704) 804-1112 Mailing E-Mail: williamsrealtyand [email protected] Address: Website: www.myspace.com/williamsremodeling Certification Dates: MWBE-Feb 8 2008 - Feb 8 2011 , SBE-Feb 8 2008 - Feb 8 2011
96269 - Personnel Services, Temporary Absolute Business Connections, Inc. VMS #: SM16725 Physical 5701 Executive Center DR Contact: Donna Rodgers Address: Charlotte NC 28212 Phone: (704) 537-0010 Fax: (704) 537-0701 Mailing P.O. Box 25767 E-Mail: [email protected] Address: Charlotte NC 28212 Website: www.absolutebusinessconnections.com Certification Dates: SBE-Sep 24 2007 - Sep 24 2010 , MWBE-Sep 24 2007 - Sep 24 2010
C.C. Smith Construction, Inc. VMS #: SM8330 Physical 9111 Washam Potts RD Contact: Zandra Smith Address: Cornelius NC 28031 Phone: (704) 890-1909 Fax: (704) 892-6137 Mailing 1022 Carter AV E-Mail: [email protected] Address: Charlotte NC 28206 Website: Certification Dates: SBE-Apr 7 2006 - Apr 7 2009 , MWBE-Apr 7 2006 - Apr 7 2009 Pro Labor Power VMS #: SM8377 Physical 9009 Albemarle RD Contact: Robert Janda Address: Charlotte NC 28227 Phone: (704) 491-0678 Fax: (815) 717-7413 Mailing 9009 Albemarle RD E-Mail: [email protected] Address: Charlotte NC 28227 Website: Certification Dates: MWBE-Feb 5 2007 - Feb 5 2010 , SBE-Feb 5 2007 - Feb 5 2010
99837 - Electrical Supplies A & W Electric, Inc. VMS #: SM10084 Physical 127 W 28th ST Contact: Tim M. Hebert Address: Charlotte NC 28206 Phone: (704) 333-4986 Fax: (704) 379-7903 Mailing 127 W 28th ST E-Mail: [email protected] Address: Charlotte NC 28206 Website: www.aandwelectric.com Certification Dates: MWBE-Aug 20 2007 - Aug 20 2010 , SBE-Aug 20 2007 - Aug 20 2010
C & J Supply, Inc. VMS #: SM9121 Physical 3414-E Forestbrook DR Contact: Curtis Johnson Address: Charlotte NC 28206 Phone: (704) 399-4722 Fax: (704) 399-4722 Mailing 3414-E Forestbrook DR E-Mail: [email protected] Address: Charlotte NC 28206 Website: Certification Dates: SBE-Oct 16 2006 - Oct 16 2009 , MWBE-Oct 16 2006 - Oct 16 2009
Carolinas Electrical Supply & Service, LLC VMS #: SM8913 Physical 6018 Oak Ridge CT Contact: Donna H. Line Address: Weddington NC 28104 Phone: (704) 562-0923 Fax: (704) 846-0733 Mailing P.O. Box 77322 E-Mail: [email protected] Address: Charlotte NC 28271 Website: Certification Dates: SBE-Dec 28 2006 - Dec 28 2009 , MWBE-Dec 28 2006 - Dec 28 2009
Page 4 of 4 Discovery Place Renovations - Phase 2 - Electrical
Small Business Opportunity Program
Revised June 1, 2007
Notification of Subcontracting / Purchasing Opportunities SBOP Form 1
** Per Part B, Section 5.3.1 of the SBO Program, in order to receive credit as a Good Faith Effort (GFE), a Bidder must provide to Rodgers Builders Inc., no later than 14 Days before Bid Opening this Form 1 or another document providing the same information. (POTENTIAL GFE Points: 15)
Bidder Name:
Project Name: Discovery Place Renovation – Phase 2 – Electrical Project Number: 512-06-023
Identify the portions of the contract for which there are intended subcontractor, supplier, or service provider opportunities.
NIGP code Description of Service or Goods (as identified in bid)
Submit this form to: Jasmine Hines
E-mail: [email protected]
Fax Number: 704-372-3341
Small Business Opportunity Program
Revised June 1, 2007
SBE Solicitation Form SBOP Form 2 Copy this Form as needed. (page 1 of 2)
** Per Part B, Section 5.3.2.3 of the SBO Program, in order to receive credit for Contacting SBEs, a Bidder must submit an SBE Solicitation Form (Form 2) within one (1) Business Days after requested by Rodgers Builders, Inc. (POTENTIAL GFE Points: 10)
Bidder Name:
Project Name: Discovery Place Renovation – Phase 2 – Electrical Project Number: 512-06-023
SBE Firm: Contact Person: NIGP Code: Scope of Work: Initial Contact Date: Method: Phone Fax Email Courier Mail In person Follow-up: Date: Method: Phone In person Response: No response Not bidding Is bidding $ ______________ Other (explain) Selected? Yes No SBE Firm: Contact Person: NIGP Code: Scope of Work: Initial Contact: Date: Method: Phone Fax Email Courier Mail In person Follow-up: Date: Method: Phone In person Response: No response Not bidding Is bidding $ ______________ Other (explain) Selected? Yes No SBE Firm: Contact Person: NIGP Code: Scope of Work: Initial Contact: Date: Method: Phone Fax Email Courier Mail In person Follow-up: Date: Method: Phone In person Response: No response Not bidding Is bidding $ ______________ Other (explain) Selected? Yes No SBE Firm: Contact Person: NIGP Code: Scope of Work: Initial Contact: Date: Method: Phone Fax Email Courier Mail In person Follow-up: Date: Method: Phone In person Response: No response Not bidding Is bidding $ ______________ Other (explain) Selected? Yes No SBE Firm: Contact Person: NIGP Code: Scope of Work: Initial Contact: Date: Method: Phone Fax Email Courier Mail In person Follow-up: Date: Method: Phone In person Response: No response Not bidding Is bidding $ ______________ Other (explain) Selected? Yes No
Small Business Opportunity Program
Revised June 1, 2007
SBE Solicitation Form SBOP Form 2 Copy this Form as needed. (page 2 of 2)
Pursuant to Part B, Section 4.4 of the SBO Program (Failure to Negotiate In Good Faith), Rodgers Builders, Inc. may find that a Bidder did not meet its Good Faith Negotiation obligation if in Rodgers Builders’ judgment, the Bidder rejects an Interested SBE’s bid for reasons other than: (a) the SBE’s bid was higher than what was proposed by the subcontractor or supplier the Bidder decided to use or higher than the Bidder’s cost of performing such work on its own; (b) the SBE was not a “Qualified SBE” as defined in Part A; or (c) the Business Enterprise that will be performing in place of the Interested SBE is more qualified than the Interested SBE, to the extent that such difference in qualification would materially impact the Bidder’s Bid, or (d) there was a material deficiency with the Interested SBE’s bid (such as it being submitted late, containing inaccurate information, etc.). The undersigned certifies that the information submitted on this Form 2 is true and accurate as of the date indicated below. The undersign further certifies that contacts by U.S. Postal Service, telephone conversations and in person contacts documented on this Form 2 were made in accordance with the requirements of Part B, Section 5.3.2 of the SBO Program and that this shall satisfy as the affidavit confirming such contacts.
Company
Signature of Authorized Official Title Submittal Date
Sworn to before me this day of __________________________ , 200____
NOTARY PUBLIC
My commission expires on
Small Business Opportunity Program
Revised June 1, 2007
Subcontractor / Supplier Utilization Commitment SBOP Form 3 This form MUST be submitted with your bid. (page 1 of 2)
Bidder Name:
Project Name: Discovery Place Renovation – Phase 2 - Electrical Project Number: 512-06-023
1. Below is a list of all SBEs that you intend to use on this contract
SBE Name Description of work / materials NIGP code VMS # Total Projected $
I acknowledge that I have inquired with each SBE listed above as to their Certification Status (i.e. - the SBE expiration date)
2. Below is a list of all non-SBEs that you intend to use on this contract
Firm Name Description of work / materials NIGP code VMS #
Total Subcontractor / Supplier Utilization (including SBEs and Non-SBEs) $ Total SBE Utilization $
Total Bid Amount (including Contingency) $ Percent SBE Utilization (Total SBE Utilization divided by Total Bid Amount) %
** If SBE Goal is not met, please provide an explanation here:
Signature of Authorized Official Printed Name Title Submittal Date
Small Business Opportunity Program
Revised June 1, 2007
Subcontractor / Supplier Utilization Commitment SBOP Form 3 This form must be submitted with your bid. (page 2 of 2)
All Subcontractors and Suppliers must be registered with the City of Charlotte. Pursuant to Appendix A, Section 8 of the SBO Policy, each subcontractor or supplier (non-SBE and SBE subcontractors) that you use on this contract must be registered in the City’s vendor registration database. You will need to provide the vendor registration number for each subcontractor and supplier used on this contract as a condition for receiving final payment on this Contract. What happens if you add 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, pursuant to Part D of the SBO Program, you must comply with the following:
• You must maintain the level of SBE participation proposed on this form throughout the duration of the Contract, except as specifically allowed in Part D, Section 2.2.
• If you need to add or replace an SBE, you must comply with Part D, Section 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 Part D, Section 6.
Subcontractor/Supplier Utilization Commitment Pursuant to Part B, Section 3.6, Rodgers Builders Inc. Solicitation Documents for each Construction Contract will include a form labeled “Subcontractor/Supplier Utilization Commitment” (“Form 3”), which captures information regarding the SBEs and other subcontractors and suppliers that the Bidder intends to use on the Contract. Failure to properly complete and submit Form 3 with the Bid constitutes grounds for rejection of the Bid. Pursuant to Part B, Section 3.7, within (3) Business Days after receiving a request from Rodgers Builders, Inc (or within such longer time as may be communicated by Rodgers Builders, Inc. in writing), Bidders must submit a separate Letter of Intent for each SBE listed on Form 3. Bidders may use the Letter of Intent that Rodgers Builders, Inc. provides with Rodgers Builders, Inc.’s Solicitation Documents or may use an alternative form if it contains the same information as Form 4. Regardless of the form, each Letter of Intent must be executed by both the SBE and the Bidder. Rodgers Builders, Inc. shall not count proposed SBE utilization for which it has not received a Letter of Intent within such time period, unless the SBE certifies to Rodgers Builders, Inc. that it originally agreed to participate in the Contract at the level reported by the Bidder, but subsequently declined to do so.
Signature Your signature on the preceding page indicates that the undersigned Company certifies and agrees that (a) it has complied with all provisions of the SBO Program and (b) failure to properly document such compliance in the manner and within the time periods established by the SBO Program shall constitute a forfeiture of the Company’s bid bond, and shall entitle Rodgers Builders, Inc. to recover under the bid bond and, (c) in the absence of a bid bond, such failure shall entitle Rodgers Builders, Inc. to recover damages for breach of contract.
Small Business Opportunity Program
Revised June 1, 2007
Letter of Intent SBOP Form 4
** Per Part B, Section 3.7, Bidders must submit a separate Letter of Intent for each SBE listed on Form 3 within (3) Business Days after receiving a request from Rodgers Builders, Inc. Bidders may use the Form 4 provided with Rodgers Builders, Inc.’s Solicitation Documents or an alternative form containing the same information as Form 4. Each LOI must be executed by both the SBE and the Bidder.
Pursuant to Part D, Section 5.3.1, Bidders shall also be required to provide a Form 4 for each SBE they add to a Contract subsequent to Contract award. Bidder Name:
Project Name: Discovery Place Renovation – Phase 2 - Electrical Project Number: 512-06-023
Bidders must submit a separate Letter of Intent for each SBE listed on Form 3 and this form must be signed by both the Bidder and SBE firm.
A. To be completed by the Bidder/Service Provider
Name of Bidder:
Address:
Contact Person:
Telephone: Fax:
I, the bidder, acknowledge a QuickPay Commitment or QuickPay Agreement has been extended to this SBE for the work identified below, and that I have submitted, either previously or with this Form, a copy of said Agreement. YES NO
B. To be completed by SBE at any tier Name of SBE:
Address:
Contact Person:
Telephone: Fax:
I, the SBE, certify that my SBE Certification Profile is active and up to date. Certification Expiration Date: / / .
C. Identify in complete details the scope of work to be performed or item(s) to be supplied by the SBE. On unit price bids, identify which bid line item the SBE’s scope of work or supply corresponds:
D. Cost of work to be performed by SBE: $
E. Cost of work to be performed by SBE as a percentage of total amount of City contract: %
Bidder certifies that it intends to utilize the SBE listed above, and that the description, cost and percentage of work to be performed by the SBE as described above is accurate. The SBE Firm certifies that it has agreed to provide such work/supplies for the amount stated above.
Bidder: Date: Signature and Title
SBE Firm: Date: Signature and Title
Small Business Opportunity Program
Revised June 1, 2007
Good Faith Efforts (GFE) and Statement of GFE Compliance SBO Form 5 If NOT meeting the goal, Bidder must submit this form within one business days after Rodgers Builders, Inc. requests it. (Page 1 of 3)
Bidder Name:
Project Name: Discovery Place Renovation – Phase 2 - Electrical Project Number: 512-06-023
Below is a list of Good Faith Efforts as defined in Part B: Section 5.3. To the left of each item is the number of points assigned to that item for this project. Please place an “X” in the first column for each item you are claiming credit. Failure to achieve the minimum number of Good Faith Efforts points stated in the blank below constitutes grounds for rejection of your bid.
Minimum Number of GFE Points Required: 170
15 Section 5.3.1: Notification of Subcontracting Opportunities. Providing to Rodgers Builders, Inc. not later than fourteen (14) calendar days prior to Bid Opening a list of the areas in which the Bidder intends to seek subcontractors and suppliers. The Bidder may report this information on Form 1 or on another document providing the same information as Form 1.
10
Section 5.3.2: SBE Contacts: To receive credit for this GFE, the Bidder must contact a minimum number of SBEs, as specified in Rodgers Builders, Inc. Solicitation Documents. Further, a Bidder must submit an SBE Solicitation Form (“Form 2”) within 3 Business Days after Rodgers Builders, Inc. requests it, unless a different time is specified in Rodgers Builders, Inc. Solicitation Documents.
A Bidder must make the required contacts not less than 7 Days before Bid Opening to receive credit. Refer to Part B, Section 5.3.2 of the SBO Policy for requirements of the Solicitation Method, Solicitation Content, and Solicitation Documentation.
10
Section 5.3.3: Making Plans Available. Making any project descriptions, construction plans, specifications or requirements applicable to the project available for review by Interested SBEs at least seven (7) calendar days before Bid Opening.
To satisfy this requirement, the Bidder must either: (a) provide SBEs with a hard copy of the Project Documents via an acceptable means of document delivery; OR (b) provide necessary physical access and adequate time for SBEs to fully review the Project documents at the Bidder’s place of business within the Charlotte MSA or, if the Bidder has no place of business within the Charlotte MSA, at an alternate location within the Charlotte MSA where the information can be reviewed at no cost to SBEs; AND (c) notify all SBEs contacted as part of the Bidder’s Section 5.3.2 SBE contacts of the locations (including the address) where plans, specifications, and other documents applicable to the Project, can be reviewed.
15 Section 5.3.4: Breaking Down Work. To receive credit for this GFE, the Bidder MUST: (a) notify SBEs as part of a Bidder’s Section 5.3.2 SBE Contacts that the Bidder is willing to divide or combine elements of work into economically feasible units on a case-by-case basis to facilitate SBE participation, and (b) negotiate in good faith with any SBEs that request such divisions.
10 Section 5.3.5: Attendance at Pre-Bid. To receive credit for this GFE, the Bidder must attend any pre-bid meetings scheduled by Rodgers Builders, Inc. for the Contract in question.
15
Section 5.3.6: Conducting a Pre-Bid for SBEs. To receive credit for this GFE, the Bidder MUST conduct a pre-bid meeting for SBEs at least three (3) Business days prior to Bid Opening. The pre-bid meeting must take place within Mecklenburg County, or, if the Bidder has no place of business within Mecklenburg County, at an alternate location within the Charlotte MSA. Not less than 48 hours before the pre-bid meeting, the Bidder must communicate the time and location of the meeting to the SBEs that the Bidder is required to contact to earn GFE points under Section 5.3.2.
40
Section 5.3.7: Training and Mentoring. A Bidder may receive credit for this GFE in one of two (2) ways: (a) Training: Providing training or mentoring to at least two (2) SBEs within 120 days before Bid Opening and the Bidder
must have the training or mentoring certified by the Program Manager.
(b) SBDP Mentor-Protégé Program. The Bidder may also receive credit for this GFE if the Bidder demonstrates that it is participating in the Small Business Development Mentor-Protégé program and that it is a mentor in good standing. The Program Manager shall have the discretion to deny credit for mentoring and training if the mentor is not in good standing.
Small Business Opportunity Program
Revised June 1, 2007
Good Faith Efforts (GFE) and Statement of GFE Compliance SBO Form 5 (Page 2 of 3)
Bidder Name:
Project Name: Discovery Place Renovation – Phase I - Electrical Project Number: 512-06-023
10
Section 5.3.8: Working with SBE Assistance Organizations. To receive credit for this GFE, the Bidder must document that they have performed one of the following within the (120) day period preceding the Bid Opening for an SBE Assistance Organization as defined in Appendix 1 of Part A:
(a) Provide location for SBE Assistance Organization Event: Providing a meeting location for the SBE Assistance Organization to host a regular meeting or special event at no cost or at a reduced rate.
(b) Provide training for SBE Assistance Organization members: Providing training or facilitating workshops aimed at increasing the capacity or skill level or the SBE Assistance Organization members, or participating in training or a workshop sponsored by the SBE Assistance Organization.
(c) Contracting with new SBE: Documenting that the SBE Assistance Organization helped to identify an SBE with whom the Bidder subsequently subcontracted work (whether on a City Construction Contract or other contract). Rodgers Builders, Inc. will not give the Bidder credit for this GFE if the Bidder contracts with an SBE that the Bidder has used on previous projects.
20
Section 5.3.9: Bonding or Insurance Assistance on Construction Contract. To receive credit for this GFE, the Bidder must assist an SBE in obtaining its own bond or insurance coverage for a City contract or another contract by (a) providing direct assistance, (b) showing that the SBE did not have access to the bond or insurance coverage before the Bidder’s assistance; and (c) providing the assistance within the 120 Days preceding the Bid Opening.
To document satisfaction of this GFE, the Bidder must submit: (a) the name of the SBE; (b) a description of the assistance the Bidder provided; (c) the date the Bidder provided the assistance; (d) the name of a contact person with the SBE who can verify that the Bidder provided the assistance; and (e) any additional information requested by Rodgers Builders, Inc.
20
Section 5.3.10: Covering Subcontractors Under Bidder’s Bond or Insurance on the Construction Contract Up for Award. To receive credit for this GFE, the Bidder must commit to cover one or more SBEs under the Bidder’s bond or insurance for work that the Bidder and Rodgers Builders, Inc. would typically require a bond, without requiring the SBEs to provide their own bond or insurance coverage. To document satisfaction of this GFE, the Bidder must (a) identify the SBE to which the Bidder made the commitment; and (b) document that such commitment was communicated to the SBE before the Bidder received the SBE’s bid. Bidders will not receive credit for bonding SBEs on work for which Rodgers Builders, Inc. does not typically require a bond, such as hauling.
20
Section 5.3.11: Entering Into Joint Venture with SBEs. To receive credit for this GFE, the Bidder must document the existence of a Joint Venture agreement between the Bidder and an SBE that increases opportunities for SBE business participation, whether on City Contracts or other contracts. To document satisfaction of this GFE, Bidders must document that they have entered into such an agreement within the 120 Days before the Bid Opening, and such documentation must include; (a) the name of the SBE; (b) a description of the Joint Venture; (c) evidence of the date the Bidder and the SBE entered into the agreement; and (d) the name of a contact person with the SBE who can verify the terms of the agreement.
25
Section 5.3.12: Facilitating Joint Ventures between SBEs. To receive credit for this GFE, the Bidder must within the 120 Days before the Bid Opening facilitate a Joint Venture agreement between SBEs that would not otherwise be able to participate in the Construction Contract. To document satisfaction of this GFE, the Bidder must: (a) comply with Section 3.4.4 (b) submit the names of the two SBEs for which the Bidder facilitated a Joint Venture; (c) provide a description of the steps the Bidder took to facilitate the Joint Venture; and (d) provide a statement from at least one of the SBEs indicating that it would not have been able to participate in the Construction Contract but for the Joint Venture. Additionally, the SBE Joint Venture must be listed on Form 3 as an SBE participating in the Construction Contract for which the Bidder is submitting a Bid.
25
Section 5.3.13: Financial Assistance. To receive credit for this GFE, the Bidder must provide one of the following types of assistance to an SBE during the preceding 90 Days before Bid Opening: (a) assistance in obtaining equipment, a loan, capital, lines of credit, (b) joint pay agreements or guaranties to secure loans, the purchase of supplies, or letters of credit, including waiving credit that is ordinarily required; or (c) assistance in obtaining the same unit pricing with the Bidder’s suppliers as the Bidder. Such assistance may be in connection with a City Construction Contract or any other contract.
To receive credit for this GFE, Bidders must document: (a) the name of the SBE; (b) the description of the assistance the Bidder provided; (c) the date the Bidder provided the assistance; and (d) the name of a contact person with the SBE who can verify that the Bidder provided the assistance was provided.
Small Business Opportunity Program
Revised June 1, 2007
Good Faith Efforts (GFE) and Statement of GFE Compliance SBO Form 5 (Page 3 of 3)
Bidder Name:
Project Name: Discovery Place Renovation – Phase I - Electrical Project Number: 512-06-023
20
Section 5.3.14: Quick Pay Agreements On The Construction Contract Up For Award. For purposes of this Section, the term “Quick Pay Commitment” means a commitment to pay all SBEs participating in the Construction Contract within 20 Days after the Contractor confirms that the SBE has properly performed and the SBE’s work has been properly completed.
To receive credit for this GFE, Bidders must either: (a) provide Rodgers Builders, Inc. with a copy of a policy containing the above-referenced Quick Pay Commitment that the Bidder has adopted for the project and document that the Bidder informed each SBE about the Quick Pay Commitment as part of the Bidder’s SBE contacts under Section 5.3.2; OR (b) provide a legally binding Quick Pay Commitment in the form of an Agreement with each SBE that will participate in the Construction Contract up for award. Including a statement in a Bid solicitation letter indicating that the Bidder will consider entering into quick pay agreements will not suffice.
0
Section 5.3.15: Attendance at City SBO Workshops or Networking Sessions. To receive credit for this GFE, the Bidder must attend a workshop, seminar or networking session held by Rodgers Builders, Inc. to (a) educate contractors or SBEs about the requirements of the SBO Program and how Bidders can comply with the Program; or (b) increase the capacity or skill level of SBEs; or (c) provide networking opportunities for SBEs. To receive credit for this GFE, Bidders must document that they attended such a workshop or seminar during the preceding 90-Days before Bid Opening. The KBU shall not give Bidders credit toward this GFE category for the Bidder’s attendance at a Pre-Bid conference.
15
Section 5.3.16: Follow-up Contacts. To receive credit for this GFE, the Bidder must follow-up with each SBE that the Bidder contacted under Section 5.3.2 that did not reply that it was unwilling to participate in the Construction Contract.
Additionally, the Bidder must: (a) make each follow-up contact subsequent to the initial contact and at least 48 hours before Bid Opening; (b) make each follow-up contact by telephone or in person and (c) provide documentation for each follow-up contact in accordance with Section 5.3.2.3. Rodgers Builders, Inc. may request additional documentation in accordance with Section 5.3.2.4, and may verify the contacts as Rodgers Builders, Inc. deems appropriate.
15 Section 5.3.17: Achieving 50% of SBE Participation Goal. To receive credit for this GFE, the Bidder’s Committed SBE Goal must be at least 50% of the SBE Goal established by Rodgers Builders, Inc. for the Contract.
20
Section 5.3.18: Additional SBE Outreach. To receive credit for this GFE, not less than 7 Days before the Bid Opening, a Bidder must contact 75% of the total number of SBEs Rodgers Builders, Inc. lists or identifies in Rodgers Builders, Inc. Solicitation Documents for the Contract being bid. For example, if Rodgers Builders, Inc. lists 80 SBEs in Rodgers Builders, Inc. Solicitation Documents and requires that Bidders contact a minimum of 20, a Bidder would have to contact 60 SBEs to meet to receive credit under this Section. To receive credit, the Bidder must comply with the solicitation requirements outlined in Section 5.3.2.1, Section 5.3.2.2 and Section 5.3.2.3 (a) through (f).
25
Section 5.3.19: SBE Participation On Non-City Contracts. To receive credit for this GFE, the Bidder must document that during the 120-Day period before Bid Opening, the Bidder used SBEs on non-City contracts where the SBE subcontract value equaled or exceeded the amount the Bidder would have to pay SBEs to meet the SBE Goal for the Construction Contract at issue. To receive credit for this item, Bidders must document for each non-City SBE subcontract: (a) the name of the project and the parties to the contract; (b) the name of the SBEs the Bidder paid on the project; (c) the amount the Bidder paid to each SBE; and (d) any additional documentation requested by the Program Manager for verification purposes.
25
Section 5.3.20: Working With a New SBE. To receive credit for this GFE, the Bidder must document that during the 120-Day period before Bid Opening, the Bidder hired an SBE that it had not previously contracted with to perform at least $10,000 of work, whether on a City contract or other contract. To receive credit for this item, Bidders must document: (a) the name of the project on which the Bidder hired the new SBE; (b) the name of the new SBE the Bidder hired; (c) the amount the Bidder paid or the estimated amount the Bidder will pay to the new SBE; and (d) any additional documentation requested by the Program Manager for verification purposes.
375 Total Available GFE Points 170 Total GFE Points Attained
Per Part B, Section 5 of the SBO Program, if a Bidder has not fully met the SBE Goal, then it must document it has met the GFE requirements by completing this Form. Bidder must submit Form 5 within one business days after Rodgers Builders, Inc. requests it as modified for Discovery Place Renovations Only. Failure to do so constitutes grounds for rejection of the Bid.
Small Business Opportunity Program
Revised June 1, 2007
Payment Affidavit - Subcontractor / Supplier Utilization SBO Form 6 To be submitted with each request for payment from Rodgers Builders Inc. Copy this form as needed.
Invoice Amount: Payment or Invoice #: Project Name: Discovery Place Renovation – Phase 2 - Electrical Contract Number: Payment Period: From To KBU: (Department) Section 1: Payments to SUBCONTRACTORS Complete the chart below for all subcontractors used on the Project/Contract regardless of dollar amount. All subcontractors must be registered in the City’s Vendor Registration System.
Subcontractor’s Name Description of Work Performed NIGP Code City VMS
Number Payment
this Pay Period Cumulative Payments
Section 2: Payments to SUPPLIERS All suppliers providing goods under City contracts must be listed on the Sales Tax Statement submitted with each pay request. Rodgers Builders, Inc. may request on a case-by-case basis that the Contractor require certain suppliers to be registered in the City’s Vendor Registration System and may withhold payment of any amounts due the Contractor in the event the Contractor fails to comply with such request.
The undersigned Company certifies the preceding chart is a true and accurate statement of all payments that have been or will be made to subcontractors and suppliers on this Project/Contract. If no subcontractors or suppliers are listed on the preceding chart, the Company certifies that no subcontractors or suppliers were used in performing the Project/Contract for the payment period indicated. Failure to provide accurate and truthful information is a violation of the Small Business Opportunity Program and is subject to the sanctions prescribed therein.
This day of 200
Name of Company VMS #
Signature Print Name and Title
Project Name: Your Company Name:
Bid Package Number: Your Company Address:
Bid Package Description: Your Company License Number:
q The “Form of Proposal” is included
q 5% Cash Deposit, 5% Check, or 5% Bid Bond of the Proposal Amount is included
q Have you acknowledged all addenda
q Have completed SBO Form 3 and is included - if applicable
q Have you completed and included Specific Summary of Work Breakdown in this Bid Package
NOTE: No written clarifications/qualifications can or will be accepted and will result in rejection of the Bid.
This Bid Package Should also contain the following forms and information:
BID PROPOSAL CHECKLISTAt Contractor's Option, This Checklist May be Attached to the Bid Envelope
ATTENTIONThis Bid Package Must Contain the Following Forms and Information Or It Will Not Be Read And Will Be Rejected
Discovery Place Interior Renovations Phase 2 Formal
Packages
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BIDDER'S NAME:
BIDDER'S ADDRESS, CITY, STATE, ZIP:
BIDDER'S PHONE & FAX NUMBER:
CONTACT NAME & EMAIL ADDRESS:
LICENSE NO.:
Project Name: Discovery Place
Interior Renovations Phase 2 Formal Packages
Project Location: Charlotte, NC
Construction Manager: Rodgers Builders, Inc.
Bid Date:
Base Bid Amount - Package No. -
Dollars ($ )
Tuesday, June 9, 2009 @ 2:00 pm E.S.T.
Enter Base Bid Amount in Words Here
The undersigned, as Bidder, hereby declares that the only person or persons interested in this Proposal as
principal or principals are named herein, and that no other person has any interest in this Form of Proposal or in
the contract to be entered into; that this Proposal is made without connection with any other person, company,
or parties making a Bid or Proposal; and that it is in all respects fair and in good faith without collusion of fraud.
Enter Package # & Description Above
Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
April 17, 2009
FORM OF PROPOSAL
The Bidder further declares that he has examined the site of the work and informed himself fully in regard to all
conditions pertaining to the place where the work is to be done, that he has examined all pricing documents
and has read all special provisions furnished prior to the opening of Bids; and he has satisfied himself relative
to the work to be performed. The Bidder proposes and agrees if this Proposal is accepted to contract with
Rodgers Builders, Inc., 5701 N. Sharon Amity Road, Charlotte, North Carolina 28215, in the form of contract
specified, to furnish all necessary materials, equipment, machinery tools, apparatus, means of transportation
and labor necessary to complete the work as outlined in the Bid Package Manual for the above referenced
project, in full and complete accordance with the plans, specifications and contract documents, to the full and
entire satisfaction of the Owner and/or Architect-Engineer.
Enter Package # & Description Above
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April 17, 2009
FORM OF PROPOSAL
ALT
NO.
1
2
3
4
5
6
7
8
9
10
AMOUNTADDDESCRIPTION OF ALTERNATE
ALTERNATES
If the noted Alternate does not affect the scope of this Bid Package it is to be marked as “no change”.
The undersigned further agrees that if any or all of the Alternates listed and described below are incorporated
and accepted within sixty (60) calendar days after receipt of a signed Subcontract, the Bidder will adjust their
Contract by the amount indicated opposite the Alternate listed. The Bidder acknowledges that they have
reviewed the requirements for each Alternate as it affects their Scope of Work and that the quoted amount
represents the total amount to either delete or add, as indicated, all work relative to each Alternate.
DEDUCT
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April 17, 2009
FORM OF PROPOSAL
CA
NO.
1
2
3
4
5
6
7
8
9
10
The undersigned further agrees that if any or all of the Cost Alternatives listed and described below are
incorporated and accepted within sixty (60) calendar days after receipt of a signed Subcontract, the Bidder will
adjust their Contract by the amount indicated opposite the Cost Alternative listed. The Bidder acknowledges
that they have reviewed the requirements for each Cost Alternative as it affects their Scope of Work and that
the quoted amount represents the total amount to either delete or add, as indicated, all work relative to each
Cost Alternative.
AMOUNTDEDUCTDESCRIPTION OF COST ALTERNATIVE ADD
COST ALTERNATIVES
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April 17, 2009
FORM OF PROPOSAL
UP
NO.
1
2
3
4
5
6
7
8
9
10
The undersigned further agrees that if any or all of the unit prices listed and described below are found to be
applicable to changes in the Scope of Work of this Bid Package throughout the duration of the work of this Bid
Package, the Bidder will adjust their contract by the amount indicated for the unit price listed, multiplied by the
additive or deductive quantity of work required. The Bidder acknowledges that they have reviewed the
requirements for each unit price as it affects their Scope of Work and that the quoted amount represents the
total amount to either delete or add, as indicated, all work relative to each unit price.
DESCRIPTION OF UNIT PRICE
UNIT PRICES
AMOUNTUNIT OF
MEASURE
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April 17, 2009
FORM OF PROPOSAL
days
Description- days
Description- days
SHOP DRAWINGS
Description- days
Description- days
Description-
Shop Drawings:
Shop drawings/Submittal Package to be provided no later than two (2)
weeks from award. Please specify if otherwise.
Rodgers Builders…Our Passion is Building.®
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Discovery Place
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April 17, 2009
FORM OF PROPOSAL
Addendum No. 1 Dated Addendum No. 6 Dated
Addendum No. 2 Dated Addendum No. 7 Dated
Addendum No. 3 Dated Addendum No. 8 Dated
Addendum No. 4 Dated Addendum No. 9 Dated
Addendum No. 5 Dated Addendum No. 10 Dated
NOTE: The Owner and Rodgers Builders, Inc. reserve the right to request further clarification or
information as required to enable complete and fair comparison of all Bids.
The undersigned further agrees that this proposal will be valid for a period of sixty (60) days from
the date of receipt of bids, and that if this proposal is accepted by Rodgers Builders, Inc. and the
Owner within this period, the Bidder will execute the Contract form and provide surety bonds as
described in the bid documents.
IMPORTANT NOTE: Each Bid Package is required to provide a price breakdown of their lump
sum bid, at bid time. This price breakdown is CRITICAL for the proper evaluation of ALL
lump sum quotes; therefore, all quotes will be considered incomplete until this information
is received. The breakdown forms can be viewed at the end of each specific scope of work.
This price breakdown is for information and evaluation purposes only. The BID AMOUNT
quoted shall be the full compensation for each Bid Package as defined by the Scope of
Work.
The undersigned hereby certifies that he / she will comply with the requirements of all Contract
Documents that were made available to the undersigned via the internet plan room or any other
media. Rodgers Builders, Inc. does not accept responsibility for the undersigned’s failure to review
all Contract Documents made available.
The undersigned, as Bidder, acknowledges that he has received and reviewed the below
enumerated addenda and has taken them into account in the preparation of this proposal.
The undersigned hereby certifies that he will comply with the provision of the Owner’s and Rodgers
Builders, Inc.’s Drug Free Work Place Policy.
Rodgers Builders…Our Passion is Building.®
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Discovery Place
Interior Renovations Phase 2 Formal Packages
April 17, 2009
FORM OF PROPOSAL
Name:
By:
Title:
WITNESS:
Proprietorship or Partnership
ATTEST:
By:
Title:
After Hours Contact:
Name:
Telephone Number:
Email Address:
This is to allow notification to attend the Bid Proposal Interview as Designated in the Instructions
(Firm or Corporation Making Bid)
(Owner, Partner, or Corp. President, Vice Presidents Only)
(Corp. Secretary or Assist. Secretary Only)
(CORPORATE SEAL)
Rodgers Builders…Our Passion is Building.®
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I. Drawings:
Issued By: LITTLE Diversified Architectural Consulting Dated: 4-17-09
Drawing No. Description
Latest
Revision
General/ Life Safety
G-000 Cover Sheet 04/17/09
G-001 Index of Drawings, Symbols, Abbreviations 05/04/09
G-010 Building Code Summary 04/17/09
G-050 Partition Types/Expansion Joint Details 04/17/09
LS-101 First Floor-Life Safety Plan 04/17/09
LS-102 Second Floor-Life Safety Plan 04/17/09
LS-103 Third Floor-Life Safety Plan 04/17/09
Civil
C000 Topographic Survey 04/17/09
C001 Existing Conditions 04/17/09
Architectural
A-011 First Floor-Demolition Plan-Phase 2 05/04/09
A-012 Second Floor-Demolition Plan-Phase 2 05/04/09
A-101 First Floor Plan-Phase 2 04/17/09
A-102 Second Floor Plan-Phase 2 05/04/09
A-104 Roof Plan-Phase 2 04/17/09
A-121 First Floor -Reflected Ceiling Plan-Phase 2 04/17/09
A-122 Second Floor Reflected 04/17/09
A-123 Third Floor-Reflected Ceiling Plan-Phase 2 04/17/09
A-124 Enlarged Ceiling Plans 04/17/09
A-131 Enlarged Plan-First Floor-World Alive 04/17/09
A-132 Enlarged Plan First Floor-Food Prep/Mechanical 04/17/09
A-133 Enlarged Plan-First Floor-Rainforest 05/04/09
A-134 Enlarged Plan First Floor-3-D Theater/Kidscience 05/04/09
A-135 Enlarged Plans-First Floor-Main Corridor 04/17/09
A-136 Enlarged Plan Second Floor-Lobby/Vision Room/Gift Shop 05/04/09
A-137 Enlarged Plan Second Floor-Science Lab 05/04/09
A-301 Building Sections 04/17/09
A-302 Building Sections 04/17/09
A-601 Door Schedule-Phase 2 Door Types Door Details 04/17/09
A-602 Window Types Window Details 04/17/09
DRAWINGS AND SPECIFICATIONS
Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
Bid Package No. 05B - 16A
April 17, 2009
Rodgers Builders…Our Passion is Building.®
Discovery Place Phase 2_Formal Pkgs_Drawing & Spec List
Page 1 of 11 5/12/2009 9:47 AM
I. Drawings:
Issued By: LITTLE Diversified Architectural Consulting Dated: 4-17-09
Drawing No. Description
Latest
Revision
DRAWINGS AND SPECIFICATIONS
Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
Bid Package No. 05B - 16A
April 17, 2009
A-700 Finish Schedule-Design Basis 04/17/09
A-701 Finish Schedule-First Floor Finish Plan-Phase 2 04/17/09
A-702 Finish Schedule-Second Floor Finish Plan-Phase 2 04/17/09
A-720 Interior Elevations 04/17/09
A-721 Interior Elevations 04/17/09
A-722 Interior Elevations 04/17/09
A-723 Interior Elevations 04/17/09
A-724 Interior Elevations 04/17/09
A-725 Interior Elevations 04/17/09
A-730 Millwork Details 04/17/09
A-731 Millwork Details-6th Street Ticket Desk 04/17/09
A-732 Millwork Details-Tryon Street Ticket Desk 04/17/09
A-733 Millwork Details-Gift Shop Cash Wrap 04/17/09
A-734 Millwork Details-Gift Shop Back Wrap 04/17/09
A-735 Miscellaneous Details 04/17/09
Structural
S101 General Notes, Partial Plan, Sections and Details 04/17/09
Plumbing
P-000 Plumbing Cover Sheet 04/17/09
P-001 Plumbing Details 04/17/09
P-101C First Floor Plumbing Plan-Water-Section C 04/17/09
P-101D First Floor Plumbing Plan-Water-Section D 04/17/09
P-101E First Floor Plumbing Plan-Water-Section E 04/17/09
P-102C Second Floor Plumbing Plan-Water-Section C 04/17/09
P-102E Second Floor Plumbing Plan-Water-Section E 04/17/09
P-201C First Floor Plumbing Plan-Waste-Section C 04/17/09
P-201D First Floor Plumbing Plan-Waste-Section D 04/17/09
P-201E First Floor Plumbing Plan-Waste-Section E 04/17/09
P-202C Second Floro Plumbing Plan-Waste-Section C 04/17/09
P-202E Second Floor Plumbing Plan-Waste-Section E 04/17/09
Rodgers Builders…Our Passion is Building.®
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Page 2 of 11 5/12/2009 9:47 AM
I. Drawings:
Issued By: LITTLE Diversified Architectural Consulting Dated: 4-17-09
Drawing No. Description
Latest
Revision
DRAWINGS AND SPECIFICATIONS
Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
Bid Package No. 05B - 16A
April 17, 2009
Mechanical
M-000 Mechanical Cover Sheet 04/17/09
M-011C First Floor Mechanical Demolition Plan Secion C 04/17/09
M-011D First Floor Mechanical Demolition Plan Section D 04/17/09
M-011E First Floor Mechanical Demolition Plan Section E 04/17/09
M-012C Second Floor Mechanical Demolition Plan Section C 04/17/09
M-012D Second Floor Mechanical Demolition Plan Section D 04/17/09
M-012E Second Floor Mechanical Demolition Plan Section E 04/17/09
M-101C First Floor Mechanical Plan-Section C 04/17/09
M-101D First Floor Mechanical Plan-Section D 04/17/09
M-101E First Floor Mechanical Plan-Section E 04/17/09
M-102C Second Floor Mechanical Plan-Section C 04/17/09
M-102D Second Floor Mechanical Plan-Section D 04/17/09
M-102E Second Floor Mechanical Plan-Section E 04/17/09
M-201 Large Scale Mechanical Room Plans 04/17/09
M-202 Large Scale Mechanical Room Schematics 04/17/09
M-401 Mechanical Details 1 04/17/09
M-402 Mechanical Details 2 04/17/09
M-403 Mechanical Details 3 04/17/09
M-404 Mechanical Schematics 04/17/09
M-501 Mechanical Schedules 1 04/17/09
Electrical
E-000 Electrical Cover Sheet 04/17/09
E-001 Demolition Power Riser Diagram 04/17/09
E-002 New Work Power Riser Diagram 04/17/09
E-003 Panel Status Schedule 04/17/09
E-004 Fire Alarm Riser Diagram 04/17/09
E-005 Luminaire Schedule 04/17/09
E-006 Luminaire Schedule 04/17/09
E-011 First Floor Demolition Plan-Electrical 04/17/09
E-012 Second Floor Demolition Plan-Electrical 04/17/09
E-020 Electrical exterior Plan 05/04/09
E-100 Lower Level 3D Theater Lighting and Power Plan 04/17/09
Rodgers Builders…Our Passion is Building.®
Discovery Place Phase 2_Formal Pkgs_Drawing & Spec List
Page 3 of 11 5/12/2009 9:47 AM
I. Drawings:
Issued By: LITTLE Diversified Architectural Consulting Dated: 4-17-09
Drawing No. Description
Latest
Revision
DRAWINGS AND SPECIFICATIONS
Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
Bid Package No. 05B - 16A
April 17, 2009
E-101C First Floor Power Plan-Section C 04/17/09
E-101D First Floor Power Plan-Section D 04/17/09
E-101E First Floor Power Plan-Section E 04/17/09
E-102C Second Floor Power Plan-Section C 04/17/09
E-102D Second Floor Power Plan-Section D 05/04/09
E-102E Second Floor Power Plan-Section E 05/04/09
E-103C Third Floor Power Plan-Section C 04/17/09
E-103D Third Floor Power Plan-Section D 04/17/09
E-103E Third Floor Power Plan-Section E 04/17/09
E-201C First Floro Lighting Plan-Section C 05/04/09
E-201D First Floor Lighting Plan-Section D 05/04/09
E-201E First Floor Lighting Plan-Section E 05/04/09
E-202C Second Floor Lighting Plan-Section C 05/04/09
E-202D Second Floor Lighting Plan-Section D 05/04/09
E-202E Second Floor Lighting Plan-Section E 05/04/09
E-203C Third Floor Lighting Plan-Section C 04/17/09
E-203D Third Floor Lighting Plan-Section D 04/17/09
E-300 Electrical Details 04/17/09
E-301 Electrical Details 04/17/09
E-302 Enlarged Mechanical Room Plan 04/17/09
E-303 Partial Power and Lighting Plan-Living Lab 04/17/09
E-304 Enlarged Power and Lighting Plan-Jellyfish and NC Coast 04/17/09
E-305 Enlarged Power Plan-Aquarium Tank Area 04/17/09
E-400 Panel Schedules 04/17/09
E-401 Panel Schedules 05/04/09
E-402 Panel Schedules 04/17/09
E-403 Panel Schedules 05/04/09
E-404 Panel Schedules 05/04/09
E-405 Panel Schedules 04/17/09
E-406 Panel Schedules 04/17/09
E-407 Panel Schedules 05/04/09
Rodgers Builders…Our Passion is Building.®
Discovery Place Phase 2_Formal Pkgs_Drawing & Spec List
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I. Drawings:
Issued By: LITTLE Diversified Architectural Consulting Dated: 4-17-09
Drawing No. Description
Latest
Revision
DRAWINGS AND SPECIFICATIONS
Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
Bid Package No. 05B - 16A
April 17, 2009
Fire Protection
FP-000 Fire Protection Cover Sheet 04/17/09
FP101C First Floor Fire Protection Plan-Section C 04/17/09
FP-101D First Floor Fire Protection Plan-Section D 04/17/09
FP-101E First Floor Fire Protection Plan-Section E 04/17/09
FP-102C Second Floor Fire Protection Plan-Section C 04/17/09
FP-102D Second Floor Fire Protection Plan-Section D 04/17/09
FP-102E Second Floor Fire Protection Plan-Section E 04/17/09
FP-103C Third Floor Fire Protection Plan-Section C 04/17/09
FP-103D Third Floor Fire Protection Plan-Section D 04/17/09
FP-103E Third Floor Fire Protection Plan-Section E 04/17/09
Telecom
TC 101 First Floor Telecom Systems Plan 05/04/09
TC 102 Second Floor Telecom Systems Plan 05/04/09
TC 103 Third Floor Telecom Systems Plan 05/04/09
TC 201 Cableing Diagrams and Descriptions of Work 05/04/09
TC 202 Telecom Details 05/04/09
TC 203 Telecom Details 05/04/09
TC 204 Telecom Rooms Enlarged Plan 05/04/09
Rodgers Builders…Our Passion is Building.®
Discovery Place Phase 2_Formal Pkgs_Drawing & Spec List
Page 5 of 11 5/12/2009 9:47 AM
II. Specifications:
Issued By: LITTLE Diversified Architectural Consulting Dated: 4-17-09
Specification
Section Description No. of Pages
PROCUREMENT AND CONTRACTING REQUIREMENTS GROUP
Division 00 - Procurement and Contracting Requirements
00 01 01 Project Title Page 1
00 01 06 Project Directory 1
00 01 07 Seals Page 4
00 01 10 Table of Contents 4
00 01 15 List of Drawing Sheets 4
SPECIFICATIONS GROUP
GENERAL REQUIREMENTS SUBGROUP
Division 01 - General Requirements
01 10 00 Summary 4
01 26 00 Contract Modification Procedures 3
01 31 00 Project Management and Coordination 8
01 32 00 Construction Progress Documentation 7
01 32 33 Photographic Documentation 3
01 33 00 Submittal Procedures 9
01 40 00 Quality Requirements 8
01 42 00 References 2
01 73 00 Execution 7
01 73 029 Cutting and Patching 4
01 77 00 Closeout Procedures 4
01 78 23 Operation and Maintenance Data 7
01 79 00 Demonstration and Training 6
FACILITY CONSTRUCTION SUBGROUP
Division 02 - Exisiting Conditions
02 41 19 Selective Structrue Demolition 6
DRAWINGS AND SPECIFICATIONS
Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
Bid Package No. 05B - 16A
April 17, 2009
Rodgers Builders…Our Passion is Building.®
Discovery Place Phase 2_Formal Pkgs_Drawing & Spec List
Page 6 of 11 5/12/2009 9:47 AM
II. Specifications:
Issued By: LITTLE Diversified Architectural Consulting Dated: 4-17-09
Specification
Section Description No. of Pages
DRAWINGS AND SPECIFICATIONS
Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
Bid Package No. 05B - 16A
April 17, 2009
Division 03 - Concrete
03 30 00 Cast-In-Place Concrete 17
03 54 16 Hydraulic Cement Underlayment 3
Division 04 - Masonry
04 20 00 Unit Masonry 15
Division 05 - Metals
05 12 00 Structural Steel Framing 8
05 52 13 Pipe and Tube Railings 8
05 73 00 Decorative Metail Railings 11
Division 06 - Wood, Plastics, and Composites
06 10 00 Rough Carpentry 6
06 40 23 Interior Architectural Woodwork 10
Division 07 - Thermal and Moisture Protection
07 62 00 Sheet Metal Flashing and Trim 7
07 84 13 Penetration Firestopping 9
07 84 46 Fire-Resistive Joint Systems 5
07 92 00 Joint Sealants 9
Division 08 - Openings
08 11 13 Hollow Metal Doors and Frames 9
08 31 13 Access Doors and Frames 4
08 32 13 Sliding Aluminum-Framed Glass Doors 7
08 41 13 Aluminum-Framed Entrances and Storefronts 10
08 41 26 All-Glass Entrances and Storefronts 4
08 44 13 Glazed Aluminum Curtain Walls 8
08 71 00 Door Hardware 32
08 80 00 Glazing 10
Rodgers Builders…Our Passion is Building.®
Discovery Place Phase 2_Formal Pkgs_Drawing & Spec List
Page 7 of 11 5/12/2009 9:47 AM
II. Specifications:
Issued By: LITTLE Diversified Architectural Consulting Dated: 4-17-09
Specification
Section Description No. of Pages
DRAWINGS AND SPECIFICATIONS
Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
Bid Package No. 05B - 16A
April 17, 2009
Division 09 - Finishes
09 22 16 Non-Structural Metal Framing 6
09 29 00 Gypsum Board 8
09 30 00 Tiling 9
09 51 13 Acoustical Panel Ceilings 12
09 65 13 Resilient Base and Accessories 5
09 65 16 Resilient Sheet Flooring 5
09 65 19 Resilient Tile Flooring 6
09 68 13 Tile Carpeting-GSA Purchased Product 5
09 68 16 Sheet Carpeting-GSA Purchased Product 5
09 77 13 Stretched-Fabric Wall Systems 5
09 91 00 Painting (Professional Line Products) 11
09 96 00 High-Performance Coatings 7
Division 10 - Specialties
10 28 00 Toilet, Bath, and Laundry Accessories 6
Division 11 - Equipment – NOT USED
Division 12 - Furnishings
12 35 53 Laboratory Casework 13
Division 13 through 19 – NOT USED
FACILITY SERVICES SUBGROUP
Division 20 - (Reserved) – NOT USED
Division 21 - Fire Suppression
21 05 00 Common Work Results for Fire Protection 8
10
Rodgers Builders…Our Passion is Building.®
Discovery Place Phase 2_Formal Pkgs_Drawing & Spec List
Page 8 of 11 5/12/2009 9:47 AM
II. Specifications:
Issued By: LITTLE Diversified Architectural Consulting Dated: 4-17-09
Specification
Section Description No. of Pages
DRAWINGS AND SPECIFICATIONS
Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
Bid Package No. 05B - 16A
April 17, 2009
Division 22 - Plumbing
22 05 00 Common Work Results for Plumbing 5
22 05 13 Common Motor Requirements for Plumbing Equipment 2
22 05 19 Meters and Gages for Plumbing Piping 2
22 05 23 General Duty Valves for Plumbing Piping 5
22 05 29 Hangers and Supports for Plumbing Piping and Equipment 5
22 05 48 Vibration and Seismic Controls for Plumbing Piping and Equipment 3
22 05 53 Identification for Plumbing Piping and Equipment 3
22 07 00 Plumbing Insulation 9
22 11 16 Domestic Water Piping 6
22 11 19 Domestic Water Piping Specialities 5
22 13 16 Sanitary Waste and Vent Piping 4
22 13 19 Drainage Piping Specialities 5
22 40 00 Plumbing Fixtures 11
Division 23 - HVAC
23 05 00 Common Work Results for HVAC 13
23 05 13 Common Motor Requirements for HVAC Equipment 3
23 05 16 Expansion Fittings and Loops for HVAC Piping 4
23 05 19 Meters and Gages for HVAC Piping 2
23 05 23 General-Duty Valves for HVAC Piping 5
23 05 29 Hangers and Supports for HVAC Piping and Equipment 4
23 05 48 Vibration and Seismic Controls for HVAC Piping and Equipment 3
23 05 53 Identification for HVAC Piping and Equipment 3
23 05 93 Testing, Adjusting, and Balancing for HVAC 17
23 07 00 HVAC Duct Insulation 7
23 07 01 HVAC Piping Insulation 11
23 09 00 Instrumentation and Control for HVAC 18
23 21 13 Hydronic Piping 6
23 21 23 Hydronic Pumps 4
23 25 00 HVAC Water Treatment 5
23 31 13 Metal Ducts 7
23 33 00 Air Duct Accessories 10
23 34 16 Centrifugal HVAC Fans 8
Rodgers Builders…Our Passion is Building.®
Discovery Place Phase 2_Formal Pkgs_Drawing & Spec List
Page 9 of 11 5/12/2009 9:47 AM
II. Specifications:
Issued By: LITTLE Diversified Architectural Consulting Dated: 4-17-09
Specification
Section Description No. of Pages
DRAWINGS AND SPECIFICATIONS
Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
Bid Package No. 05B - 16A
April 17, 2009
23 34 23 HVAC Power Ventilators 4
23 36 00 Air Terminal Units 8
23 37 13 Diffusers, Registers, and Grilles 2
23 64 23 Scroll Water Chillers 9
23 81 26 Split-System Air-Conditioners 6
Division 24 through 25 – NOT USED
Division 26 - Electrical
26 05 00 Common Work Results For Eletrical 4
26 05 19 Low-Voltage Electrical Power Conductors and Cables 6
26 05 26 Grounding and Bonding For Electrical Systems 6
26 05 29 Hangers and Supports for Electrical Systems 6
26 05 33 Raceway and Boxes For Electrical Systems 10
26 05 36 Cable Trays For Electrical Systems 5
26 05 43 Underground Ducts and Raceways for Electrical Systems 7
26 05 48 Vibration and Seismic Controls For Electrical Systems 7
26 05 53 Identification For Electrical Systems 9
26 05 73 Overcurrent Protective Device Coordination Study 5
26 09 23 Lighting Control Devices 7
26 22 00 Low-Voltage Transformers 6
26 24 16 Panelboards 9
26 24 19 Motor-Control Centers 10
26 27 26 Wiring Devices 8
26 28 13 Fuses 3
26 28 16 Enclosed Switches and Circuit Breakers 5
26 29 13 Enclosed Controllers 6
26 29 23 Variable-Frequency Motor Controllers 6
26 36 00 Transfer Switches 9
26 43 13 Transient-Voltage Suppression For Low-Voltage Electrical Power Circuits 5
26 51 00 Interior Lighting 8
26 56 00 Exterior Lighting 9
Rodgers Builders…Our Passion is Building.®
Discovery Place Phase 2_Formal Pkgs_Drawing & Spec List
Page 10 of 11 5/12/2009 9:47 AM
II. Specifications:
Issued By: LITTLE Diversified Architectural Consulting Dated: 4-17-09
Specification
Section Description No. of Pages
DRAWINGS AND SPECIFICATIONS
Bid Package Manual
Discovery Place
Interior Renovations Phase 2 Formal Packages
Bid Package No. 05B - 16A
April 17, 2009
Division 27 - Communications
27 01 00 Telecommunications Conditions and Requirements 5
27 01 10 Telecommunications Infrastructure-Outline of Work 4
27 01 20 Telecommunications Labels 8
27 01 30 Telecommunications Pathways 4
27 01 40 Telecommunications Ware and Cable 7
27 01 50 Telecommunications Firestopping 6
27 01 60 Telecommunications Grounding 4
27 01 70 Telecommunications Wiring Components 4
27 01 80 UTP Testing and Documentation Procedure 4
Division 28 - Electronic Safety and Security
28 31 11 Digital, Addressable Fire-Alarm System 11
Division 29 - (Reserved) – NOT USED
SITE AND INFRASTRUCTURE SUBGROUP
Division 30 through 39 – NOT USED
PROCESS EQUIPMENT SUBGROUP
Division 40 through 49 – NOT USED
END OF SECTION 00 01 10
Rodgers Builders…Our Passion is Building.®
Discovery Place Phase 2_Formal Pkgs_Drawing & Spec List
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Client#: 123899
SAMPLE
ACORD™ CERTIFICATE OF LIABILITY INSURANCE DATE
(MM/D
D/YYY
Y)
PRODUCER
Insurance Company of USA 01 Mayberry Lane, Suite A American City, NC 28215
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY
AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE
COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE NAIC # INSURED
ABC Construction
1234 Construction Road
City, State Zip
INSURER A: The Travelers Indemnity Company 25658
INSURER B: National Union Fire Ins Co of Pitts, 19445
INSURER C: Travelers Property Cas. Co. of Ameri 25674
INSURER D:
INSURER E:
COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OF INSURANCE POLICY NUMBER
POLICY EFFECTIVE
DATE (MM/DD/YY)
POLICY EXPIRATION
DATE (MM/DD/YY) LIMITS
A GENERAL LIABILITY
COMMERICAL GENERAL LIABILITY
CLAIMS MADE OCCUR
Indp Contractor
XCU, Contractual
GEN’L AGGREGATE LIMIT APPLIES PER:
POLICY PROJECT LOC
KK03200490 10/01/08 10/01/09 EACH OCCURENCE $1,000,000
DAMAGE TO RENTED PREMISES (Ea occurrence)
$1,000,000
MED EXP (Any one person) $5,000
PERSONAL & ADV INJURY $1,000,000
GENERAL AGGREGATE $1,000,000
PRODUCTS - COMP/OP AGG $1,000,000
$
C AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
____________________
KK03200490 10/01/08 10/01/09 COMBINED SINGLE LIMIT (Each Occurrence)
$1,000,000
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident) $
PROPERTY DAMAGE (Per accident) $
GARAGE LIABILITY
ANY AUTO
AUTO ONLY - EA ACCIDENT $
OTHER THAN AUTO ONLY:
EA ACC $
AGG $
B EXCESS/UMBRELLA LIABILITY
OCCUR CLAIMS MADE
DEDUCTIBLE
RETENTION $10,000
CUA1506670 10/01/08 10/01/09 EACH OCCURRENCE $3,000,000
AGGREGATE $3,000,000
$
$
$
C WORKERS COMPENSATION AND
EMPLOYERS’ LIABILITY
ANY PROPRIETOR/PARTNER/EXECU-TIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below
WVK3200406 10/01/08 10/01/09 WC STATU-
TORY LIMITS OTH-ER
E.L. EACH ACCIDENT $500,000
E.L. DISEASE - EA EMPLOYEE $500,000
E.L. DISEASE - POLICY LIMIT $500,000
OTHER
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
SAMPLE
(NAME OF PROJECT), Project #_____. (OWNER'S NAME), (ARCHITECT'S NAME), and Rodgers Builders, Inc. shall be named as additional insured with respect to General Liability and Auto Liability. (OWNER'S NAME), (ARCHITECT'S NAME), and Rodgers Builders, Inc. shall be included as insureds on the CGL, using ISO
Additional Insured Endorsement CG 20 10 (11/85) or current combination of CG 20 10 (10/01) CG 20 37 (10/01) or an endorsement providing equivalent coverage to the Additional Insureds. All Contractor Insurance shall be primary and non-contributory. Waiver of subrogation for Workers Compensation against Rodgers Builders, Inc. shall
apply.
CERTIFICATE HOLDER CANCELLATION
Rodgers Builders, Inc.
Post Office Box 18446 (28218) 5701 North Sharon Amity Road
Charlotte, NC 28225
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURED WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO
THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO
OBLICATION OR LIABILITY OF ANY KIND UPON THE INSURED, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
ACORD 25 (2001/08) 1 of 2 #S1300588/M1263889 PWA01 © ACORD CORPORATION 1988
INSR LTR
ADD’L INSRD
01/02/08
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contact between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08) 2 of 2 #S1300588/M1263889 PWA01 © ACORD CORPORATION 1988
SUBCONTRACTOR’S INSURANCE EXCLUSIONS FORM
Issue to Subcontractor Page 1 of 1 6/13/08
Project: __________________________________________________________________________
Insured: _________________________________________________________________________
(Subcontractor/Trade Contractor)
General Liability Policy Number: ___________________ Policy Term: ________________
Auto Policy Number: _____________________________ Policy Term: ________________
Umbrella Policy Number: _________________________ Policy Term: ________________
Workers Compensation: __________________________ Policy Term: ________________
1. Please notate if the following items are excluded from the above insured’s Commercial General Liability
Policy:
a. Explosion, Collapse, Underground Hazards, (XCU) _____
b. Contractual Coverage for the Insured’s Obligations in AIA201 _____
c. Mold _____
d. EIFS (Exterior Insulation and Finish Systems) _____
e. Pollution Liability _____
2. Are Executive Officers/Partners Excluded from Workers Compensation? ___Yes ___ No
3. Does the Commercial Umbrella Policy contain a Follow Form endorsement? ___Yes ___ No
Please indicate below any other exclusion not listed above.
_____________________________________________ _______________________________
Company Name (Insurance Agent/Carrier) Phone Number/Fax Number
_____________________________________________ _______________________________
Signature/Title Date Address
Risk Manager’s Initials: Approved Unapproved
S:\Departments\Project Management\Systems Disruptions Shutdown & Tie-In Process
Systems / Disruptions Shutdown / Tie-in Process
A. Purpose
The intent of this program is to eliminate potential disruptions to the working
and/or living environments of our clients, their employees/customers, and the
public due to work in the existing facilities.
B. Overview
The Systems Shutdown / Tie-In Process describes procedures that apply
universally to Rodgers Builders, Trade Contractors, and lower Tier
Subcontractors, who are performing construction or maintenance work on
existing utility systems.
Rodgers Builders ensures that the Systems / Disruptions Shutdown / Tie-In
Process and Documented Work Plan for Shutdowns & Tie-Ins will be completed
for all work in areas that could potentially affect clients, their
employees/customers or the public. This process is intended to indentify
necessary shutdowns / tie-ins at a minimum of 6 weeks prior to a shutdown / tie-
in.
C. Procedure
Systems Shutdown / Tie-In Matrix
Prior to the start of any demolition or disruption to utilities on any facility,
Rodgers Builders, with the help from Trade Contractors, lower Tier Trade
Contractors, Vendors, and plant operations will create a Systems Shutdown / Tie-
In Matrix that will include all projected shutdowns / tie-ins required to complete
the project.
The Systems Shutdown / Tie-In Matrix shall be compiled during the pre
construction kick off meetings. Prior to the preconstruction kick off meetings,
Trade Contractors will be notified to come prepared with a list of all anticipated
shutdowns / tie-ins and be sent a copy to the Systems Shutdown / Tie-In Matrix.
The Shutdown / Tie-In Outline will also be distributed and reviewed during
preconstruction kick off meetings to better facilitate all aspects of the Systems /
Disruptions Shutdown / Tie-In Process.
S:\Departments\Project Management\Systems Disruptions Shutdown & Tie-In Process
Systems Shutdown / Tie-In Request Form
The Project Manager ensures that a Rodgers Builders Systems Shutdown / Tie-In
Request Form is completed prior to every phase of work during the project. The
Trade Contractor performing the work is responsible for writing the work scope.
All responsible parties must review and approve the completed Systems
Shutdown / Tie-In Request Form prior to the work beginning.
The Project Manager / Superintendent require that a Rodgers Builders
Documented Work Plan for Shutdowns & Tie-Ins form is completed.
A Rodgers Builders Superintendent must be present for all work
considered high risk.
A walk through must be performed prior to the actual work.
A hard copy of each shutdown / tie-in shall be kept in a binder or
designated folder on the jobsite.
Systems Shutdown / Tie-In Meetings
Rodgers Builders requires that a meeting is scheduled with all parties to discuss
the Systems Shutdown / Tie-In Matrix. Rodgers Builders recommends this
meeting take place weekly. For upcoming shutdowns / tie-ins, Rodgers Builders
will request the presence of additional team members (Trade Contractor
personnel and maintenance staff that will be onsite during shutdown / tie-in) and
review the Systems Shutdown / Tie-In Request Form and Documented Work
Plan for Shutdowns & Tie-Ins in a step by step manner.
Training
All Rodgers Builders employees, Trade Contractors, and lower Tier
Subcontractors associated with the project should receive general
information on what to expect at the preconstruction kick off meeting.
All Rodgers Builders employees, Trade Contractors, and lower Tier
Subcontractors must be aware of and understand the policies and procedures
as prescribed by this program and other policies applicable to it.
D. Exhibits
Systems Shutdown / Tie-In Matrix
Shutdown / Tie-In Outline
Systems Shutdown / Tie-In Request Form
Documented Work Plan for Shutdowns & Tie-Ins
RBI No. ____
Item Trade Phase Shutdown Area & System of Estimated Projected Questions for Complete
No. Tie-In Description Contractor Required Impact Duration Start Date Owner Comments
M-1
M-2
M-3
M-4
M-5
M-6
M-7
M-8
E-1
E-2
E-3
E-4
E-5
E-6
E-7
E-8
P-1
P-2
P-3
P-4
P-5
P-6
P-7
P-8
PROJECT
Systems Shutdown / Tie-In Matrix
Mechanical
Electrical
Plumbing & Medical Gas
11/18/2008 Page 1
Item Trade Phase Shutdown Area & System of Estimated Projected Questions for Complete
No. Tie-In Description Contractor Required Impact Duration Start Date Owner Comments
Mechanical
FP-1
FP-2
FP-3
FP-4
FP-5
FP-6
FP-7
FP-8
UT-1
UT-2
UT-3
UT-4
UT-5
UT-6
UT-7
UT-8
LV-1
LV-2
LV-3
LV-4
LV-5
LV-6
LV-7
LV-8
Low Voltage
Utilities
Fire Protection
11/18/2008 Page 2
THIS REQUEST IS FOR: Systems Shutdown Systems Tie-In After Hours Work
Above Ceiling Permit YES NO Cable TV YES NO
Hot Work Permit YES NO Electrical YES NO
YES NO Fire Alarm YES NO
YES NO Fire Sprinkler YES NO
Lockout / Tag Out YES NO HVAC - Duct YES NO
Other - Explain: YES NO HVAC - Piping YES NO
Medical Gas YES NO
Nurse Call YES NO
Phone / Data YES NO
Plumbing YES NO
POTENTIAL RISK TO BUILDING SYSTEMS/OCCUPANTS:
SYSTEMS AFFECTED BY REFERENCED WORK:
ICRA Forms
ILSM Forms
If forms below are required, use forms provided by the facility. If
no forms are provided by the facility, use the attached forms.
GROUPS / PERSONNEL TO BOTH PLANNED IMPACT & POTENTIAL RISK:
Expected Completion Date:
WORK AREA:
DESCRIPTION:
Building Name:
Address:
Superintendent:
Project Manager:
Systems Shutdown / Tie-In Request Form Matrix Item No. ____
Project Name:
Project Number:
Requested Start Date:
PLANNED IMPACT TO BUILDING SYSTEMS/OCCUPANTS:
TRADE CONTRACTOR / SUBCONTRACTOR CONTACT INFORMATION:
MOBILE #
1
2
3
4
5
6
7
8
ENGINEER / OWNER CONTACT INFORMATION:
MOBILE #
1
2
3
4
5
Signature Date
APPROVED START DATE:
APPROVED START TIME:
APPROVED WORK WINDOW:
Signature Date
OTHER APPROVAL:
Signature Date
MECHANICAL TRADE CONTRACTOR APPROVAL:
Signature Date
FIRE PROTECTION TRADE CONTRACTOR APPROVAL:
Signature Date
OIC / CONSTRUCTION MANAGER APPROVAL:
Signature Date
ELECTRICAL TRADE CONTRACTOR APPROVAL:
Signature Date
FIRE ALARM TRADE CONTRACTOR APPROVAL:
Signature Date
COMMENTS:
ENGINEER / OWNER APPROVAL:
RBI SUPERINTENDENT APPROVAL: RBI PROJECT MANAGER APPROVAL:
NAME COMPANY NEXTEL ID 24 Hr. EMERGENCY #
NAME COMPANY NEXTEL ID 24 Hr. EMERGENCY #
Signature Date
Documented Work Plan for Systems Shutdown / Tie-In
Scope:
Purpose:
Duration:
Pre Shutdown Procedures:
Item
Number
Responsible
Party Duration
Shutdown Procedures:
Item
Number
Responsible
Party Duration
Start Up Procedures:
Item
Number
Responsible
Party Duration
Supervision
Permits Required:
Hospital Impacted Systems:
Procedure
Procedure
Procedure
Materials Required:
Contingency Plan:
Site Utility Locating and Posting Policy
North Carolina
Rodgers Builders, Inc Page 1 of 4
Site Utility Locating Program – Rev. May 2009
Rodgers Builders, Inc. – North Carolina
Site Utility Locating and Posting Policy
June 2008
Rodgers Builders, (RBI) is establishing this policy to insure that appropriate utilities, i.e.
(Natural Gas, Medical Gas, Power, Electrical, Telephone, Water and Sewer) are located
prior to excavation and kept current during construction phases of the project.
North Carolina Article 8; 86-102 “Notice required prior to excavation” states:
“Except as provided in G.S. 87-106, before commencing any excavations in highway,
public spaces or in private easements of a utility owner, a person planning to excavate
shall notify each utility owner having underground utilities located in the proposed area
to be excavated, either orally or in writing, not less than two nor more than 10 working
days prior to start, of his intent to excavate.”
This policy is also known as (NC1), NC One Call Center. Their telephone number is
1-800-632-4949 or Universal (811)
Beginning with receipt of this policy, RBI is requiring all projects to begin the following
policy for all projects and to continue and keep current this policy throughout the project.
Our intent is to insure the accuracy of located lines and to protect the client, the owner's
property, the utility line, the public, employees and workers along with monitoring the
actions of RBI subcontractors prior to any digging or breaking of the earth's surface.
Site Utility Locating and Posting Policy
North Carolina
Rodgers Builders, Inc Page 2 of 4
Site Utility Locating Program – Rev. May 2009
Procedure:
1.1 Prior to any excavation, RBI shall call The NC Call Center, (NC1) 1-800-632-
4949 or Universal (811) at least 48 hours prior any digging operations. This is a
state law and must be done. If RBI were to hit any type of utility without first
going through NC1 and obtaining a “ticket” or locate number, substantial
consequences would follow an incident. Each locate number is good for 15
working days however; it should be updated on the 13th
day following the initial
call. If this locate number has not been updated in 30, 60 or 90 days, call the 1-
800 or (811) number and depending on the situation, either the old tracking
number can be updated or a new number will be issued.
1.2 A site plan, showing all existing utilities shall be posted in the jobsite trailer with
each type utility highlighted as to it’s appropriate locate color. The plan sheet
shall bear the title: “Site Utility Location Sheet”.
Yellow - Gas
Green - Sewer
Red – Power
Blue – Water
Orange – Telephone/Fiber Optic/Cable TV
1.3 In addition to (NC1), RBI requires additional locating services of either one of the
following companies to perform a back-up locate of the specified areas. These
company’s should also be called back to the project should the marked lines fade
or become unnoticeable on the ground and digging is to resume. Don’t Guess, be
certain of the location prior to digging. NOTE: RBI now requires a Work
Order to be submitted to these company’s in order to work.
a. Precise Locate, Inc.
718 Bridge Street
Eden, NC 27288
Phone: (336) 623-1167
Mobile: (336) 616-3279
Pager: 1-800-443-7243
Contact: Andy Case
Site Utility Locating and Posting Policy
North Carolina
Rodgers Builders, Inc Page 3 of 4
Site Utility Locating Program – Rev. May 2009
b. Utility Specialists Inc.
901 McKelvey Road
Pelzer, SC 29669
Phone (864) 243-5202
Fax (864) 243-5203
Cell (864) 907-7329
Mike Taylor
c. Spot’em, Inc.
5131 Haybridge Road
Charlotte, NC 28269
Phone: (704)509-2814
Cell: (704)890-5757
Fax: (704)948-7623
Contact: Shawn McNeil
1.4 This site sheet posted in the office shall be continuously updated as new
excavations/utilities are installed as well. In addition, subcontractors shall confer
with RBI’s superintendent prior to any digging they may have to perform. A
thorough review of utility locations shall take place and any discrepancies from
the ground terrain and the site utility locating plan sheet shall be made. The RBI
Pre-Trenching Checklist Form which is a part of this program shall be complete
by All parties involved with the excavation process. Don’t Guess, be certain of
all underground lines.
1.5 In working in and around known existing utilities (power/electrical/telephone),
the process of “Soft Dig” is the method for performing excavation. The following
Company’s perform this work. This generally will take 1-2 day notice to the
company’s. NOTE: A Work Order must be submitted and Certificate of
Insurance obtained from the company in order to perform work.
1. BRS, Inc. NC
208 Hwy 49 North
Richfield, NC 28137
Phone (704)463-1355
Fax (704)463-1700
Contact: Matt Barringer
Site Utility Locating and Posting Policy
North Carolina
Rodgers Builders, Inc Page 4 of 4
Site Utility Locating Program – Rev. May 2009
2. Spot’em, Inc. NC
5131 Haybridge Road
Charlotte, NC 28269
Phone: (704)509-2814
Cell: (704)890-5757
Fax: (704)948-7623
Contact: Shawn McNeil
3. Mulkey Engineering, Inc. NC
7516 East Independence Boulevard
Suite 100
Charlotte, NC 28227
Phone: (704)537-7300
Fax: (704)537-2811
Contract: Ryan Lyttle
4. Utility Specialists Inc. SC*
907 McKelvey Road
Pelzer, SC 29669
Phone: (864)243-5202
Fax: (864)243-5203
Cell: (864)907-7329
Mike Taylor
1.6 If there should be any type of line struck by construction equipment or there are
any questions relating to this policy, please call Paul Cooper at:
Office: (704)531-5185
Mobile Phone: (704)363-4447
2nd
Mobile Phone: (704)619-5607
Pager: (704)529-3422
Pre-Trenching Checklist
North Carolina
Site Utility Locating Program – Pre Trench Checklist Page 1 of 1
Rodgers Builders, Inc.
Site Utility Policy
Date:____________
Pre-Trenching Checklist Form
The following checklist must be completed by all persons performing trenching or excavation on the
project site. Failure to complete this form will be grounds for employee or subcontractor removal
from the project.
The intent of this form is to fully communicate, investigate and eliminate the potential of
underground utilities being disturbed or disrupted from their current operational state.
Excavations and trenches should not be equipment dug within 2’0 of the overburden depth to the
marked utility. All digging shall be by hand and probing rod. Extra precautions for fiber-optic cables
and lines may include notification of the subscriber with possible onsite repair technicians available.
Date Initials
1. NC One Call System notified and tracking number obtained ___ ___
(1-800-632-4949) or Universal (811)
2. NC One Call – Utilities Located ___ ___
3. Back-up Utility Locating Company with depths verified ___ ___
4. Construction Plan Sheet marked with all utilities ___ ___
5. Owner’s Facilities Management has reviewed the area of trenching ___ ___
(where applicable for potential unknowns)
6. All employees notified of the affected area and are aware of the
utilities involved and depths. ___ ___
7. RBI Superintendent notified; verifies 1-6 above. ___ ___
_________________________________, acknowledges the aforementioned information is Signature of Subcontractor Representative
correct and true. We have verified all existing utility locations and all employees directly related to
the digging or excavating are aware of the same. If for any reason I/we encounter any problems
relating to the trenching operations, we will notify Rodgers Builders Superintendent immediately and
prior to further trenching.
Subcontractor Completing Form_______________________________, Date:_________
Rodgers Builders Superintendent Signature:_______________________, Date:________
JHA – Job Hazard Analysis
Rodgers Builders, Inc. – JHA Form – 2008 Page 1 of 2
Project:______________________________________________Date:_____________ Contractor:______________Page __ of __
Description of work:_____________________________________________________________________________JHA#_______
_______________________________________________________________________________Prepared by:________________
Falls from elevation: Yes No Underground Utilities: Yes No Energized Systems/LOTO: Yes No
Confined Space(s) Yes No Line Breaking: Yes No Health Hazards: Yes No
Respiratory Protection Yes No High Voltage Work: Yes No Scaffolding/Aerial Lifts: Yes No
Excavating/Trenching Yes No Work Permits: Yes No Asbestos and/or Lead: Yes No
Public Exposure: Yes No MEP Issues: Yes No Hazardous Materials/Waste: Yes No
Hot Work: Yes No Cranes/Rigging: Yes No Working over Water: Yes No
Sequence of Basic Job Steps Hazards Associated with Each Step Required to Eliminate or Control the Hazard
Safety and Health Considerations – Circle Box(s) that apply
JHA – Job Hazard Analysis
Rodgers Builders, Inc. – JHA Form – 2008 Page 2 of 2
REVIEW SIGNATURES AND DATE
____________________________________ _______________________________
Originator Date
____________________________________ _______________________________
Contractor Superintendent Date
____________________________________ _______________________________
Contractor Superintendent/Engineer Date
Lifting Cables/Slings/Straps (Weekly ) INSPECTION SHEET
Rodgers Builders – Sling/Cable/Strap Inspection Form RBI 09/08
Trade Contractor Name: Date:
Job Name: Location:
Instructions: 1. All parts of the Cables/Straps/Slings and its attachments
must be inspected for wear and damage and missing parts.
2. This √ symbol is for YES or OK. 3. This x symbol is for NO or REPLACE. 4. Inspect and document Weekly 5. Maintain the completed inspection report so that it is
readily available to the Rodgers Builders representative.
All
rig
gin
g h
as L
oad T
ags a
nd
dis
pla
yed
No K
inks in c
ab
les
No W
ear
“RE
D”
str
ips v
isib
le in
slin
gs
Latc
hes o
n c
ab
le h
ooks
No v
isib
le b
roken s
tra
nd w
ires
in 1
rope lay
Bird C
ag
ed W
rie
Slin
gs
Eyele
t da
ma
ge o
n s
lings
Tears
in N
ylo
n S
lings
Wire Rope Slings Choker Wire Cable Nylon
Slings/Straps
SUBMITTED BY:
COMPANY PRINT NAME SIGNATURE DATE
HARNESS & LANYARD (Weekly) INSPECTION SHEET
Rodgers Builders - Rodgers Harness Inspection.doc RBI 03/08
Inspector: Date:
Job Name: Location:
Instructions: 1. All parts of the body harness and its attachments must be
inspected for wear and damage. 2. This √ symbol is for YES or OK. 3. This x symbol is for NO or REPLACE. 4. Inspect and document monthly 5. Maintain the completed inspection report so that it is
readily available to the GSK representative.
Harn
ess W
ebb
ing
and/o
r Le
ath
er
All
Stitc
hin
g
Riv
ets
& E
ye
lets
D-R
ing(s
) &
Buckle
(s)
if a
pplic
ab
le
Lanyard
& D
ecele
ration
Devic
e
Hook S
afe
ty L
atc
h
Cert
ific
ation o
r D
ata
Tag
Pers
ona
lly O
wned
Body H
arn
ess
Employee Name Employee ID
Number Mfg.’s Serial
Number
SUBMITTED BY: COMPANY PRINT NAME SIGNATURE DATE