19-IFB-1760151794-PTW-DPS-Private Road and Bridge - IFB Attachment I FINAL.pdf

ATTACHMENT I: NORTH CAROLINA EMERGENCY MANAGEMENT ADDITIONAL MANDATORY

PROVISIONS

NORTH CAROLINA PUBLIC SAFETY

EMERGENCY MANAGEMENT DIVISION

REPLACEMENT OF PRIVATE BRIDGE AND ROADWAY APPROACHES ON:

Site# 044-01-cdc5b Jade Drive over Turkey Creek in Haywood County

Site# 100.01.00202 South Face Lane over the Cane River in Yancey County

Site # 100-01-00206 Timeless Lane over the Cane River in Yancey County

Site# 001-01-

NCEM PRIVATE ROAD AND BRIDGE PROGRAM

The Disaster Recovery Act of 2025 – Part I. SUBPART II-C.

The Private Road and Bridge Repair and Replacement Program (“Program”) was established within North Carolina Emergency Management (“NCEM”) on March 19, 2025, for the repair and replacement of private roads and bridges damaged or destroyed by Hurricane Helene.

NOTICE:

ALL VENDORS SHALL COMPLY WITH ALL APPLICABLE LAWS REGULATING THE PRACTICE OF GENERAL CONTRACTING AS CONTAINED IN CHAPTER 87 OF THE GENERAL STATUTES OF NORTH CAROLINA WHICH REQUIRES THE VENDOR TO BE LICENSED BY THE N.C. LICENSING BOARD FOR CONTRACTORS WHEN BIDDING ON ANY NON-FEDERAL AID PROJECT WHERE THE BID IS $30,000 OR MORE, EXCEPT FOR CERTAIN SPECIALTY WORK AS DETERMINED BY THE LICENSING BOARD. VENDORS SHALL ALSO COMPLY WITH ALL OTHER APPLICABLE LAWS REGULATING THE PRACTICES OF ELECTRICAL, PLUMBING, HEATING AND AIR CONDITIONING AND REFRIGERATION CONTRACTING AS CONTAINED IN CHAPTER 87 OF THE GENERAL STATUTES OF NORTH CAROLINA. NOTWITHSTANDING THESE LIMITATIONS ON BIDDING, THE VENDOR WHO IS AWARDED ANY FEDERAL - AID FUNDED PROJECT SHALL COMPLY WITH CHAPTER 87 OF THE GENERAL STATUTES OF NORTH CAROLINA FOR LICENSING

REQUIREMENTS WITHIN 60 CALENDAR DAYS OF BID OPENING.

BIDS FOR THE CONSTRUCTION OF

CONTRACT No. 19-IFB-1760151794-PTW

NORTH CAROLINA PUBLIC SAFETY

EMERGENCY MANAGEMENT DIVISION

RALEIGH, NORTH CAROLINA

The Vendor has carefully examined the location of the proposed work to be known as Contract No 19-IFB- 1760151794PTW; has carefully examined the plans and specifications, which are acknowledged to be part of the bid package, the special provisions, the proposal, the form of contract, and the forms of contract payment bond and contract performance bond; and thoroughly understands the stipulations, requirements and provisions. The undersigned bidder agrees to bound upon their execution of the bid and subsequent award to them by the Department of Transportation in accordance with this proposal to provide the necessary contract payment bond and contract performance bond within fourteen days after the written notice of award is received by the vendor.

The undersigned Vendor further agrees to provide all necessary machinery, tools, labor, and other means of construction; and to do all the work and to furnish all materials, except as otherwise noted, necessary to perform and complete the said contract in accordance with the 2024 Standard Specifications for Roads and Structures by the dates(s) specified in the Project Special Provisions and in accordance with the requirements of the Engineer, and at the unit or lump sum prices, as the case may be, for the various items given on the sheets contained herein.

The Vendor shall provide and furnish all the materials, machinery, implements, appliances and tools, and perform the work and required labor to construct and complete Contract No. 19-IFB-1760151794PTW, for the unit or lump sum prices, as the case may be, bid by the Vendor in their bid and according to the bid package, plans, and specifications prepared by said Department, which bid package, plans, and specifications show the details covering this project, and hereby become a part of this contract.

The published volume entitled North Carolina Department of Transportation, Raleigh, Standard Specifications for Roads and Structures, January 2024 with all amendments and supplements thereto, is by reference incorporated into and made a part of this contract; that, except as herein modified, all the construction and work included in this contract is to be done in accordance with the specifications contained in said volume, and amendments and supplements thereto, under the direction of the Engineer.

The quantities shown in the itemized bid package for the project are considered to be approximate only and are given as the basis for comparison of bids. The Department of Public Safety, Emergency Management Division may increase or decrease the quantity of any item or portion of the work as may be deemed necessary or expedient.

An increase or decrease in the quantity of an item will not be regarded as sufficient ground for an increase or decrease in the unit prices, nor in the time allowed for the completion of the work, except as provided for the contract.

Accompanying this bid is a bid bond secured by a corporate surety, or certified check payable to the order of the Department of Public Safety, for five percent of the total bid price, which deposit is to be forfeited as liquidated damages in case this bid is accepted and the Vendor shall fail to provide the required payment and performance bonds, under the condition of this proposal, within 14 calendar days after the written notice of award is received by him, as provided in the Standard Specifications; otherwise said deposit will be returned to the Vendor

G-2

PROJECT SPECIAL PROVISIONS

GENERAL

DIVISION LET CONTRACT PREQUALIFICATION:

(07-01-14)(12-1-16) (Helene)

Any prospective vendor that wishes to bid as a prime Vendor on this project shall be prequalified as a “Bidder” or “PO Prime Contractor”.

Prospective vendors shall obtain prequalification approval at least two (2) business days prior to any letting in which they intend to submit a bid. It is recommended that the prospective vendors file all required statements and documents with the State Prequalification Engineer no less than four (4) weeks before a given letting. A bid shall not be awarded unless all prequalification requirements have been met by the vendors and have been found acceptable by the Program Manager.

Information regarding prequalification can be found at:

https://connect.ncdot.gov/business/Prequal/Pages/default.aspx

Prior to performing the work, the prime Vendor and/or subcontractor(s) shall be prequalified in the work code(s) which are identified as work items in the prime Vendor’s construction progress schedule that they will complete themselves. Any Vendor identified as working outside their expertise may be considered in default of contract

INTERESTED PARTIES LIST NOT REQUIRED:

(6-21-22)(Rev. 2-20-24) SP1 G02

Revise the Standard Specifications as follows:

The Interested Parties List sign up process is not applicable to this contract.

Page 1-13, Article 102-3 PROPOSALS AND INTERESTED PARTIES LIST, lines 12-15, Page 1-14, Article 102-8 PREPARATION AND SUBMISSION OF BIDS, lines 43-44, HAUL ROADS:

(7-16-24) EM Helene SP1 G04

Revise the Standard Specifications as follows:

Page 1-45, Article 105-15 RESTRICTION OF LOAD LIMITS, line 31, At least 30 days prior to use, the Vendor shall notify the Program Manager of any public road proposed for use as a haul road for the project.

BUILD AMERICA, BUY AMERICA (BABA):

(11-15-22)(Rev. 11-18-25) EM Helene 106 SP1 G05 B

Revise the as follows:

Page 1- -1 GENERAL REQUIREMENTS, G-3

(C) Build America, Buy America (BABA)

-aid projects shall comply with applicable federal requirements, including the Build America, Buy America (BABA) Act and the United States.

This acknowledgment is a project-l supplier. The Department reserves the right to deny payment or recover payment for any item incorporated into covered, linked to the associated bill of lading, invoice, or packing list.

Compliance with BABA requirements is the responsibility of the manufacturer or supplier. The Engineer will retain

CONTRACT TIME AND LIQUIDATED DAMAGES:

(8-15-00) (Rev. 5-16-23) 108 SP1 G08 A

G-4

The date of availability for this contract is JANUARY 15, 2026, except that work in jurisdictional waters and wetlands shall not begin until a meeting between the DOT, Regulatory Agencies, and the Vendor is held as stipulated in the permits contained elsewhere in this proposal. This delay in availability has been considered in determining the contract time for this project.

Completion Dates by Contract Contract No. Project Location / Description Completion Date

1 Site #044-01-cdc5b – Jade Drive over Turkey Creek, Haywood County May 15, 2026

2 Site #100.01.00202 – South Face Lane over the Cane River, Yancey County

July 15,2026

3 Site #100-01-00206 – Timeless Lane over the Cane River, Yancey County

September 10, 2026

4 Site #001-01-00403 – Ivey Baptist Rd over Ivy Creek, Buncombe County September 10, 2026

Except where otherwise provided by the contract, observation periods required by the contract will not be a part of the work to be completed by the completion date and/or intermediate contract times stated in the contract. The acceptable completion of the observation periods that extend beyond the final completion date shall be a part of the work covered by the performance and payment bonds.

The liquidated damages for Contract No.1 Contract No.2, Contract No. 3, and Contract No 4 are One Thousand Dollars ($1,000.00) per calendar day.

CONSTRUCTION MORATORIUM:

(1-19-16)

SP1 G18C

April 1st through October 15th of any year.

POSTED WEIGHT LIMITS:

(7-1-95) (Rev.9-15-15)

SP1 G24R

The Vendor's attention is directed to Article 105-15 of the 2024 Standard Specifications and to the fact that various Primary and Secondary Roads and bridges may be posted with weight limits less than the legal limit. Do not exceed the posted weight limits in transporting materials and/or equipment to the projects. Make a thorough examination of all projects and haul routes and be prepared to discuss them at the Preconstruction Conference.

NO MAJOR CONTRACT ITEMS:

G-5

(2-19-02) (Rev. 8-21-07) SP1 G31

None of the items included in this contract will be major items.

NO SPECIALTY ITEMS:

(7-1-95)(Rev. 1-16-24) SP1 G34

None of the items included in this contract will be specialty items (see Article 108-6 of the Standard Specifications).

CERTIFICATION FOR FEDERAL-AID CONTRACTS:

(3-21-90) EM Disaster SP1 G85

The prospective participant certifies, by signing and submitting this bid, to the best of his or her knowledge and belief, that:

(A) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(B) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The prospective participant also agrees by submitting his or her bid that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.

RESTRICTIONS ON ITS EQUIPMENT AND SERVICES:

(11-17-20) SP01 G090

All telecommunications, video or other ITS equipment or services installed or utilized on this project must be in conformance with UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS 2 CFR, § 200.216 Prohibition on certain telecommunications and video surveillance services or equipment.

G-6

USE OF UNMANNED AIRCRAFT SYSTEM (UAS):

(8-20-19)(Rev. 8-19-25) SP1 G092

The Vendor shall adhere to all Federal, State and Local regulations and guidelines for the use of Unmanned Aircraft Systems (UAS). This includes but is not limited to US 14 CFR Part 107, NC GS 15A-300, all FAA rules, regulations and policies and all NCDOT UAS Policies. The required operator certifications include possessing a current Federal Aviation Administration (FAA) Remote Pilot Certificate, as well as operating a UAS registered with the FAA.

All UAS operations shall be approved by the Engineer prior to beginning the operations.

All Vendors or subcontractors operating UAS shall have UAS specific general liability insurance to cover all operations under this contract.

The use of UAS is at the Vendor’s discretion. No measurement or payment will be made for the use of UAS. In the event that the Department directs the Vendor to utilize UAS, payment will be in accordance with Article 104-7 Extra Work.

EQUIPMENT IDLING GUIDELINES:

(1-19-21) SP1 G096

Exercise reduced fuel consumption and reduced equipment emissions during the construction of all work associated with this contract. Employees engaged in the construction of this project should turn off vehicles when stopped for more than thirty (30) minutes and off-highway equipment should idle no longer than fifteen (15) consecutive minutes.

These guidelines for turning off vehicles and equipment when idling do not apply to:

1. Idling when queuing.

2. Idling to verify the vehicle is in safe operating condition.

3. Idling for testing, servicing, repairing or diagnostic purposes.

4. Idling necessary to accomplish work for which the vehicle was designed (such as operating a crane, mixing concrete, etc.).

5. Idling required to bring the machine system to operating temperature.

6. Emergency vehicles, utility company, construction, and maintenance vehicles where the engines must run to perform needed work.

7. Idling to ensure safe operation of the vehicle.

8. Idling when the propulsion engine is providing auxiliary power for other than heating or air conditioning.

(such as hydraulic systems for pavers)

9. When specific traffic, safety, or emergency situations arise.

10. If the ambient temperature is less than 32 degrees Fahrenheit. Limited idling to provide for the safety of vehicle occupants (e.g. to run the heater).

11. If the ambient temperature is greater than 90 degrees Fahrenheit. Limited idling to provide for the safety of vehicle occupants of off-highway equipment (e.g. to run the air conditioning) no more than 30 minutes.

12. Diesel powered vehicles may idle for up to 30 minutes to minimize restart problems.

Any vehicle, truck, or equipment in which the primary source of fuel is natural gas or electricity is exempt from the idling limitations set forth in this special provision.

G-7

U.S. DEPARTMENT OF TRANSPORTATION HOTLINE:

(11-22-94) SP1 G100

To report bid rigging activities call: 1-800-424-9071

The U.S. Department of Transportation (DOT) operates the above toll-free hotline Monday through Friday, 8:00 a.m. to 5:00 p.m. eastern time. Anyone with knowledge of possible bid rigging, vendor collusion, or other fraudulent activities should use the hotline to report such activities.

The hotline is part of the DOT's continuing effort to identify and investigate highway construction contract fraud and abuse is operated under the direction of the DOT Inspector General. All information will be treated confidentially, and caller anonymity will be respected.

SUBSURFACE INFORMATION:

(7-1-95)(Rev. 8-16-22) 450 SP1 G112 B

Subsurface information is available on the structure portion of this project for informational purposes only and should not be used for bidding purposes. The Vendor should make their own investigation as to the subsurface conditions associated with this project.

TWELVE MONTH GUARANTEE

(7-15-03) SP1 G145

(A) The Vendor shall guarantee materials and workmanship against latent and patent defects arising from faulty materials, faulty workmanship or negligence for a period of twelve months following the date of final acceptance of the work for maintenance and shall replace such defective materials and workmanship without cost to the Department. The Vendor will not be responsible for damage due to faulty design, normal wear and tear, for negligence on the part of the Department, and/or for use in excess of the design.

(B) Where items of equipment or material carry a manufacturer’s guarantee for any period in excess of twelve months, then the manufacturer’s guarantee shall apply for that particular piece of equipment or material.

The Department’s first remedy shall be through the manufacturer although the Vendor is responsible for invoking the warranted repair work with the manufacturer. The Vendor’s responsibility shall be limited to the term of the manufacturer’s guarantee. NCDOT would be afforded the same warranty as provided by the Manufacturer.

This guarantee provision shall be invoked only for major components of work in which the Vendor would be wholly responsible for under the terms of the contract. Examples would include pavement structures, bridge components, and sign structures. This provision will not be used as a mechanism to force the Vendor to return to the project to make repairs or perform additional work that the Department would normally compensate the Vendor for. In addition, routine maintenance activities (i.e. mowing grass, debris removal, ruts in earth shoulders,) are not parts of this guarantee.

Appropriate provisions of the payment and/or performance bonds shall cover this guarantee for the project.

To ensure uniform application statewide the Division Engineer will forward details regarding the circumstances surrounding any proposed guarantee repairs to the Chief Engineer for review and approval prior to the work being performed.

G-8

OUTSOURCING OUTSIDE THE USA:

(9-21-04) (Rev. 5-16-06)EM Disaster SP1 G150

All work on consultant contracts, services contracts, and construction contracts shall be performed in the United States of America. No work shall be outsourced outside of the United States of America.

Outsourcing for the purpose of this provision is defined as the practice of subcontracting labor, work, services, staffing, or personnel to entities located outside of the United States.

The NC Public Safety, Emergency Management Division Program Manager shall approve exceptions to this provision in writing.

RESPONSIBILITY FOR DAMAGES:

The Vendor shall indemnify and save harmless the NC Public Safety, Emergency Management Division and its officers, agents, and employees from all suits, actions or claims by any character brought for any injury or damages received or sustained by any person, persons, or property by reason of any act of the Vendor, its agents or employees, in the performing of the Contract.

Any damages to adjacent shoulders, medians, paved areas, utilities, property owners, or other facilities that may occur during the work shall be at the Vendor's expense and be repaired or replaced by the Vendor to the satisfaction of the Program Manager.

UTILITY CONFLICTS:

It shall be the responsibility of the Vendor to contact all affected utility owners and determine the precise locations of all utilities prior to beginning construction. Utility owners shall be contacted a minimum of 48 hours prior to the commencement of operations. Special care shall be used in working around or near existing utilities, protecting them when necessary to provide uninterrupted service. In the event that any utility service is interrupted, the Vendor shall notify the utility owner immediately and shall cooperate with the owner, or his representative, in the restoration of service in the shortest time possible. Existing fire hydrants shall be kept accessible to fire departments at all times.

The Vendor shall adhere to all applicable regulations and follow accepted safety procedures when working in the vicinity of utilities in order to ensure the safety of construction personnel and the public. Utilities damaged by the Vendor due to his negligence will be repaired at the Vendor’s expense.

It will be the Vendor’s responsibility to protect all existing utilities during the construction of this project. The Vendor should make a thorough investigation of all existing utilities and make his own determination of the requirements to comply with Section 1505 of the Standard Specifications. Any costs associated with the protection of existing utilities will be incidental to other items in the contract and no further compensation will be made.

DRIVEWAYS AND PRIVATE PROPERTY

The Vendor shall maintain access to driveways for all residents and property owners throughout the life of the contract. The Vendor shall not perform work for private citizens or agencies in conjunction with this project or within the project limits of this contract.

G-9

EROSION AND SEDIMENT CONTROL/STORMWATER CERTIFICATION:

EM Helene SP1 G180

General

Schedule and conduct construction activities in a manner that will minimize soil erosion and the resulting sedimentation and turbidity of surface waters. Comply with the requirements herein regardless of whether or not a National Pollution discharge Elimination System (NPDES) permit for the work is required.

Establish a chain of responsibility for operations and subVendors’ operations to ensure that the Erosion and Sediment Control/Stormwater Pollution Prevention Plan is implemented and maintained over the life of the contract.

(A) Certified Supervisor - Provide a certified Erosion and Sediment Control/Stormwater Supervisor to manage the Vendor and subVendor operations, ensure compliance with Federal, State and Local ordinances and regulations, and manage the Quality Control Program.

(B) Certified Foreman - Provide a certified, trained foreman for each construction operation that increases the potential for soil erosion or the possible sedimentation and turbidity of surface waters.

(C) Certified Installer - Provide a certified installer to install or direct the installation for erosion or sediment/stormwater control practices.

(D) Certified Designer - Provide a certified designer for the design of the erosion and sediment control/stormwater component of reclamation plans and, if applicable, for the design of the project erosion and sediment control/stormwater plan.

Roles and Responsibilities

(A) Certified Erosion and Sediment Control/Stormwater Supervisor - The Certified Supervisor shall be Level II and responsible for ensuring the erosion and sediment control/stormwater plan is adequately implemented and maintained on the project and for conducting the quality control program. The Certified Supervisor shall be on the project within 24 hours’ notice from initial exposure of an erodible surface to the project’s final acceptance. Perform the following duties:

(1) Manage Operations - Coordinate and schedule the work of subcontractors so that erosion and sediment control/stormwater measures are fully executed for each operation and in a timely manner over the duration of the contract.

(a) Oversee the work of subcontractors so that appropriate erosion and sediment control/stormwater preventive measures are conformed to at each stage of the work.

(b) Prepare the required National Pollutant Discharge Elimination System (NPDES)

Inspection Record and submit to the Program Manager.

(c) Attend all weekly or monthly construction meetings to discuss the findings of the NPDES inspection and other related issues.

(d) Implement the erosion and sediment control/stormwater site plans requested.

(e) Provide any needed erosion and sediment control/stormwater practices for the Vendor’s temporary work not shown on the plans, such as, but not limited to work platforms, temporary construction, pumping operations, plant and storage yards, and cofferdams.

(f) Acquire applicable permits and comply with requirements for borrow pits, dewatering, and any temporary work conducted by the Vendor in jurisdictional areas.

(g) Conduct all erosion and sediment control/stormwater work in a timely and workmanlike manner.

G-10

(h) Fully perform and install erosion and sediment control/stormwater work prior to any suspension of the work.

(i) Coordinate with Department, Federal, State and Local Regulatory agencies on resolution of erosion and sediment control/stormwater issues due to the Vendor’s operations.

(j) Ensure that proper cleanup occurs from vehicle tracking on paved surfaces or any location where sediment leaves the Right-of-Way.

(k) Have available a set of erosion and sediment control/stormwater plans that are initialed and include the installation date of Best Management Practices. These practices shall include temporary and permanent ground cover and be properly updated to reflect necessary plan and field changes for use and review by Department personnel as well as regulatory agencies.

(2) Requirements set forth under the NPDES Permit - The Department's NPDES Stormwater permit

(NCS000250) outlines certain objectives and management measures pertaining to construction activities. The permit references NCG010000, General Permit to Discharge Stormwater under the NPDES, and states that the Department shall incorporate the applicable requirements into its delegated Erosion and Sediment Control Program for construction activities disturbing one or more acres of land. The Department further incorporates these requirements on all contracted bridge and culvert work at jurisdictional waters, regardless of size. Some of the requirements are, but are not limited to:24

(a) Control project site waste to prevent contamination of surface or ground waters of the state, i.e. from equipment operation/maintenance, construction materials, concrete washout, chemicals, litter, fuels, lubricants, coolants, hydraulic fluids, any other petroleum products, and sanitary waste.

(b) Inspect erosion and sediment control/stormwater devices and stormwater discharge outfalls at least once every 7 calendar days and within 24 hours after a rainfall event equal to or greater than 1.0 inch that occurs within a 24-hour period. Additional monitoring may be required at the discretion of Division of Water Resources personnel if the receiving stream is 303(d) listed for turbidity and the project has had documented problems managing turbidity.

(c) Maintain an onsite rain gauge or use the Department’s Multi-Sensor Precipitation Estimate website to maintain a daily record of rainfall amounts and dates.

(d) Maintain erosion and sediment control/stormwater inspection records for review by Department and Regulatory personnel upon request.

(e) Implement approved reclamation plans on all borrow pits, waste sites and staging areas.

(f) Maintain a log of turbidity test results as outlined in the Department's Procedure for

Monitoring Borrow Pit Discharge.

(g) Provide secondary containment for bulk storage of liquid materials.

(h) Provide training for employees concerning general erosion and sediment control/stormwater awareness, the Department’s NPDES Stormwater Permit NCS000250 requirements, and the applicable requirements of the General Permit, NCG010000.

(i) Report violations of the NPDES permit to the Program Manager immediately who will notify the Division of Water Quality Regional Office within 24 hours of becoming aware of the violation.

(3) Quality Control Program - Maintain a quality control program to control erosion, prevent sedimentation and follow provisions/conditions of permits. The quality control program shall:

(a) Follow permit requirements related to the Vendor and subcontractors’ construction activities.

G-11

(b) Ensure that all operators and subcontractors on site have the proper erosion and sediment control/stormwater certification.

(c) Notify the Program Manager when the required certified erosion and sediment control/stormwater personnel are not available on the job site when needed.

(d) Conduct the inspections required by the NPDES permit.

(e) Take corrective actions in the proper timeframe as required by the NPDES permit for problem areas identified during the NPDES inspections.

(f) Incorporate erosion control into the work in a timely manner and stabilize disturbed areas with mulch/seed or vegetative cover on a section-by-section basis.

(g) Use flocculants approved by state regulatory authorities where appropriate and where required for turbidity and sedimentation reduction.

(h) Ensure proper installation and maintenance of temporary erosion and sediment control devices.

(i) Remove temporary erosion or sediment control devices when they are no longer necessary as agreed upon by the Program Manager.

(j) The Vendor’s quality control and inspection procedures shall be subject to review by the

Program Manager. Maintain NPDES inspection records and make records available at all times for verification by the Program Manager.

(B) Certified Foreman - At least one Certified Foreman shall be onsite for each type of work listed herein during the respective construction activities to control erosion, prevent sedimentation and follow permit provisions:

(1) Foreman in charge of grading activities

(2) Foreman in charge of bridge or culvert construction over jurisdictional areas

(3) Foreman in charge of utility activities

The Vendor may request to use the same person as the Level II Supervisor and Level II Foreman. This person shall be onsite whenever construction activities as described above are taking place. This request shall be approved by the Program Manager prior to work beginning.

The Vendor may request to name a single Level II Foreman to oversee multiple construction activities on small bridge or culvert replacement projects. This request shall be approved by the Program Manager provide at least one onsite, Level I Certified Installer for each of the following erosion and sediment control/stormwater crew:

(1) Seeding and Mulching

(2) Temporary Seeding

(3) Temporary Mulching

(4) Sodding

(5) Silt fence or other perimeter erosion/sediment control device installations

(6) Erosion control blanket installation

(7) Hydraulic tackifier installation

(8) Turbidity curtain installation

(9) Rock ditch check/sediment dam installation

(10) Ditch liner/matting installation

(11) Inlet protection

(12) Riprap placement

(13) Stormwater BMP installations (such as but not limited to level spreaders, retention/detention devices)

(14) Pipe installations within jurisdictional areas

G-12

If a Level I Certified Installer is not onsite, the Vendor may substitute a Level II Foreman for a Level I Installer, provided the Level II Foreman is not tasked to another crew requiring Level II Foreman oversight.

(D) Certified Designer - Include the certification number of the Level III Certified Designer on the erosion and sediment control/stormwater component of all reclamation plans and if applicable, the certification number of the Level III Certified Designer on the design of the project erosion and sediment control/stormwater plan.

Preconstruction Meeting

Furnish the names of the Certified Erosion and Sediment Control/Stormwater Supervisor, Certified Foremen, Certified Installers and Certified Designer and notify the Program Manager of changes in certified personnel over the life of the contract within 2 days of change.

Ethical Responsibility

Any company performing work for the Department of Public Safety, Emergency Management Division has the ethical responsibility to fully disclose any reprimand or dismissal of an employee resulting from improper testing or falsification of records.

Revocation or Suspension of Certification

Upon recommendation of the Program Manager to the certification entity, certification for Supervisor, Certified Foremen, Certified Installers and Certified Designer may be revoked or suspended with the issuance of an Immediate Corrective Action (ICA), Notice of Violation (NOV), or Cease and Desist Order for erosion and sediment control/stormwater related issues.

The Program Manager may recommend suspension or permanent revocation of certification due to the following:

(A) Failure to adequately perform the duties as defined within this certification provision.

(B) Issuance of an ICA, NOV, or Cease and Desist Order.

(C) Failure to fully perform environmental commitments as detailed within the permit conditions and specifications.

(D) Demonstration of erroneous documentation or reporting techniques.

(E) Cheating or copying another candidate’s work on an examination.

(F) Intentional falsification of records.

(G) Directing a subordinate under direct or indirect supervision to perform any of the above actions.

(H) Dismissal from a company for any of the above reasons.

(I) Suspension or revocation of one’s certification by another entity.

Suspension or revocation of a certification will be sent by certified mail to the certificant and the Corporate Head of the company that employs the certificant.

A certificant has the right to appeal any adverse action which results in suspension or permanent revocation of certification by responding, in writing, to the Contract Manager within 10 calendar days after receiving notice of the proposed adverse action.

Failure to appeal within 10 calendar days will result in the proposed adverse action becoming effective on the date specified on the certified notice. Failure to appeal within the time specified will result in a waiver of all future appeal rights regarding the adverse action taken. The certificant will not be allowed to perform duties associated with the certification during the appeal process.

G-13

The Program Manager will hear the appeal and make a decision within 7 days of hearing the appeal. Decision of the Program Manager will be final and will be made in writing to the certificant.

If a certification is temporarily suspended, the certificant shall pass any applicable written examination and any proficiency examination, at the conclusion of the specified suspension period, prior to having the certification reinstated.

Measurement and Payment

All work described within this provision and the role of Certified Erosion and Sediment Control/Stormwater Supervisor, Certified Foremen, Certified Installers and Certified Designer will be incidental to the project for which no direct compensation will be made.

PROCEDURE FOR MONITORING BORROW PIT DISCHARGE:

(2-20-07) (Rev. 1-16-24) 105-16, 230, 801 SP1 G181

Water discharge from borrow pit sites shall not cause surface waters to exceed 50 NTUs (nephelometric turbidity unit) in streams not designated as trout waters and 10 NTUs in streams, lakes or reservoirs designated as trout waters. For lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTUs. If the turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased.

If during any operating day, the downstream water quality exceeds the standard, the Vendor shall do all of the following:

(A) Either cease discharge or modify the discharge volume or turbidity levels to bring the downstream turbidity levels into compliance, or

(B) Evaluate the upstream conditions to determine if the exceedance of the standard is due to natural background conditions. If the background turbidity measurements exceed the standard, operation of the pit and discharge can continue as long as the stream turbidity levels are not increased due to the discharge.

(C) Measure and record the turbidity test results (time, date and sampler) at all defined sampling locations 30 minutes after startup and at a minimum, one additional sampling of all sampling locations during that 24-hour period in which the borrow pit is discharging.

(D) Notify DWQ within 24 hours of any stream turbidity standard exceedances that are not brought into compliance.

During the Environmental Assessment required by Article 230-4 of the Standard Specifications, the Vendor shall define the point at which the discharge enters into the State’s surface waters and the appropriate sampling locations. Sampling locations shall include points upstream and downstream from the point at which the discharge enters these waters. Upstream sampling location shall be located so that it is not influenced by backwater conditions and represents natural background conditions. Downstream sampling location shall be located at the point where complete mixing of the discharge and receiving water has occurred.

The discharge shall be closely monitored when water from the dewatering activities is introduced into jurisdictional wetlands. Any time visible sedimentation (deposition of sediment) on the wetland surface is observed, the dewatering activity will be suspended until turbidity levels in the stilling basin can be reduced to a level where sediment deposition does not occur. Staining of wetland surfaces from suspended clay particles, occurring after evaporation or infiltration, does not constitute sedimentation. No activities shall occur in wetlands that adversely affect the functioning of a wetland. Visible sedimentation will be considered an indication of possible adverse impacts on wetland use.

G-14

The Program Manager will perform independent turbidity tests on a random basis. These results will be maintained in a log within the project records. Records will include, at a minimum, turbidity test results, time, date and name of sampler. Should the Department’s test results exceed those of the Vendor’s test results, an immediate test shall be performed jointly with the results superseding the previous test results of both the Department and the Vendor.

The Vendor shall use the NCDOT Turbidity Reduction Options for Borrow Pits Matrix, available at https://connect.ncdot.gov/resources/roadside/FieldOperationsDocuments/ TurbidityReductionOptionSheet.pdf to plan, design, construct, and maintain BMPs to address water quality standards. Tier I Methods include stilling basins which are standard compensatory BMPs. Other Tier I methods are non-compensatory and shall be used when needed to meet the stream turbidity standards. Tier II Methods are also non-compensatory and are options that may be needed for protection of rare or unique resources or where special environmental conditions exist at the site which have led to additional requirements being placed in the DWQ’s 401 Certifications and approval letters, Isolated Wetland Permits, Riparian Buffer Authorization or a DOT Reclamation Plan’s Environmental Assessment for the specific site. Should the Vendor exhaust all Tier I Methods on a site exclusive of rare or unique resources or special environmental conditions, Tier II Methods may be required by regulators on a case-by-case basis per supplemental agreement.

The Vendor may use cation exchange capacity (CEC) values from proposed site borings to plan and develop the bid for the project. CEC values exceeding 15 milliequivalents per 100 grams of soil may indicate a high potential for turbidity and should be avoided when dewatering into surface water is proposed.

No additional compensation for monitoring borrow pit discharge will be paid.

SUPERVISION BY VENDOR:

At all times during the life of this contract the Vendor(s) shall provide one permanent employee who shall have the authority and capability for overall responsibility of the project(s) and who shall be personally available at the work site within 24 hours’ notice. Such employee shall be fully authorized to conduct all business with the subcontractors, to negotiate and execute all supplemental agreements, and to execute the orders or directions of the Program Manager.

At all times that work is actually being performed, the Vendor(s) shall have present on the project(s) one competent individual who is authorized to act in a supervisory capacity over all work on the project(s), including work subcontracted. The individual(s) who has been so authorized shall be experienced in the type of work being performed and shall be fully capable of managing, directing, and coordinating the work; of reading and thoroughly understanding the contracts; and receiving and carrying out directions from the Program Manager or his authorized representatives. They shall be an employee of the Vendor(s) unless otherwise approved by the Program Manager.

The Vendor(s) may, at their option, designate one employee to meet the requirements of both positions. However, whenever the designated employee is absent from the work site, an authorized individual qualified to act in a supervisory capacity on the project shall be present.

DEFAULT OF CONTRACT:

The Department of Public Safety, Emergency Management Division shall have the right to declare a default of contract for breach by the Vendor(s) of any material term or condition of the contract. Default of contract shall be in accordance with the terms, conditions, and procedures of Article 108-9 of the 2024 Standard Specifications.

G-15

EROSION AND STORMWATER CONTROL FOR SHOULDER CONSTRUCTION AND RECONSTRUCTION:

EM Helene 105-16, 225-2, Division 16 SP16 R03R

Land disturbing operations associated with shoulder construction/reconstruction may require erosion and sediment control/stormwater measure installation. National Pollutant Discharge Elimination System (NPDES) inspection and reporting may be required.

Erosion control measures shall be installed per the erosion control detail in any area where the vegetated buffer between the disturbed area and surface waters (streams, wetlands, or open waters) or drainage inlet is less than 10 feet. The Program Manager may reduce the vegetated buffer threshold for this requirement to a value between 5 and 10 feet. Erosion control measures shall be spot checked every 7 days until permanent vegetative establishment.

In areas where shoulder construction/reconstruction includes disturbance or grading on the front slope or to the toe of fill, relocating ditch line or backslope, or removing vegetation from the ditch line or swale, NPDES inspection and monitoring are required every 7 days or within 24 hours of a rainfall event of greater than 1.0 inch. Maintain daily rainfall records. Install erosion control measures per detail.

In areas where the vegetated buffer is less than 10 feet between the disturbed area and waters of the State classified as High-Quality Water (HQW), Outstanding Resource Water (ORW), Critical Areas, or Unique Wetlands, NPDES inspection and monitoring are required every 7 days or within 24 hours of a rainfall event of greater than 1.0 inch.

The Program Manager may reduce the vegetated buffer threshold for this requirement to a value between 5 and 10 feet. The plans or provisions will indicate the presence of these water classifications. Maintain daily rainfall records. Install erosion control measures per detail.

Land disturbances hardened with aggregate materials receiving sheet flow are considered non-erodible.

Sites that require lengthy sections of silt fence may substitute with rapid permanent seeding and mulching as directed by Program Manager.

NPDES documentation shall be performed by a Level II Erosion and Sediment Control/Stormwater certificate holder.

Materials used for erosion control will be measured and paid as stated in the contract.

R-1

PROJECT SPECIAL PROVISIONS

ROADWAY

CLEARING AND GRUBBING - METHOD II:

(9-17-02)(Rev. 3-19-24) EM Disaster 200 SP2 R02A

Perform clearing on this project to the limits established by Method - II shown on Standard Drawing No. 200.02 of the Roadway Standard Drawings. Conventional clearing methods may be used except where permit drawings or conditions have been included in the bid which require certain areas to be cleared by hand methods.

BURNING RESTRICTIONS: (IF APPLICABLE)

(7-1-95) 200, 210, 215 SP2 R05

Open burning is not permitted on any portion of the right-of-way limits established for this project. Do not burn the clearing, grubbing or demolition debris designated for disposal and generated from the project at locations within the project limits, off the project limits or at any waste or borrow sites in this county. Dispose of the clearing, grubbing and demolition debris by means other than burning, according to state or local rules and regulations.

FINAL SURFACE TESTING NOT REQUIRED:

(5-18-04) (Rev. 2-16-16) 610 SP6 R45

Final surface testing is not required on this project in accordance with Section 610-13, Final Surface Testing and Acceptance.

REPAIR OF EXISTING PAVEMENT:

(7-1-95)(Rev. 1-16-24) 610 SP6 R58R (revised)

Description

The Vendor's attention is directed to the fact that the existing pavement shall be removed and repaired prior to resurfacing in the areas indicated in the contract.

Materials

Refer to Division 6 of the Standard Specifications.

Item Section

Asphalt Concrete Surface Course, Type S9.5B/S9.5C 610

Construction Methods

The repair of the existing pavement includes, but is not limited to, the cutting of the existing pavement to a neat vertical joint and uniform line; the removal and disposal of pavement, base, and subgrade material as approved or directed by the Program Manager; the coating of the area to be repaired with a tack coat; and conditioning of the surface on which the base course material is to be placed.

R-2

Repair the subgrade as directed by the Program Manager, using ABC and Borrow Excavation as provided elsewhere in contract. Cover with at least one layer (minimum thickness of 1.5”) of Asphalt Concrete Surface Course, Type S9.5B/S9.5C, as directed by the Program Manager.

Machine place the asphalt in even layers when possible. Perform compaction of the base course material at transverse joint by the use of mechanical hand tamps or other equipment approved by the Program Manager in order to achieve required density.

Construct the pavement repair so the surface of the complete repair matches the surface of existing pavement.

Schedule operations so all areas where pavement has been removed will be repaired and all lanes of traffic restored on the same day of the pavement removal. The Vendor will be restricted to repairing one side of the existing pavement at a time unless otherwise permitted by the Program Manager.

Measurement and Payment

Asphalt Concrete Surface Course, Type S9.5B/S9.5C will be measured and paid in accordance with Article 610-16 of the 2024 Standard Specifications.

Furnished asphalt binder for the mix will be incidental to the other items in this provision.

PRICE ADJUSTMENT - ASPHALT BINDER FOR PLANT MIX:

NO Price adjustments for asphalt binder for plant mix will be made because of the short duration of the contract. Payment for Asphalt Binder will be considered incidental to the cost of other items in the contract. No additional compensation will be made for asphalt binder.

CONES:

(3-19-24) 1135 SP11 R35

Revise the Standard Specifications as follows:

Page 11-11, Article 1135-3 CONSTRUCTION METHODS, lines 19-20, delete the third sentence of the first paragraph, “Do not use cones in the upstream taper of lane or shoulder closures for multi-lane roadways.”

WORK ZONE TRAFFIC CONTROL GENERAL REQUIREMENTS

TEMPORARY TRAFFIC CONTROL (TTC):

Install and maintain traffic control devices in accordance with the NCDOT 2024 Roadway Standard Drawings. All traffic control shall be incidental to the other pay items at each site.

Expected traffic control operations may include, but not be limited to, flagging operations, installation of signing and barricades for total road closures, and lane closures on multi-lane highways. The Vendor will be responsible for providing and installing all traffic control devices, maintenance of all traffic control devices during construction, and removal of devices after construction. Signing of detour will be done by others.

No additional compensation will be made for traffic control.

R-3

BRIDGE APPROACH FILLS:

(1-16-18)(Rev. 1-16-24)Helene

SP4 R02

Description

Roadway Standard Drawings

Type 1 Approach Fill – Roadway Standard Drawing

Type 1A Approach Fill – Roadway Standard Drawing

Type 2 Approach Fill – Roadway Standard Drawing

Type 2A Approach Fill – Roadway Standard Drawing

Materials

Standard Sp ci cations

Item

Portland Cement Concrete 1000

Select Materials 1016

Subsurface Drainage Materials 1044

Welded Wire Reinforcement 1070-3 aggregate type approved fo Mechanically Stabilized Earth

Retaining Walls or subsurface drainage materials. Provide 1/4”

R-4 hardware cloth with 1/4 inch openings constructed from 24 gauge wire.

Roadway Standard Drawing No. 423.02 or 423.04.

Roadway Standard Drawings in accordance with Roadway Standard Drawing -3(B) and 235-3(C) of the where on the project to form

Roadway Standard Drawings with dimensions and number of layers s ds not embedded in the cap to protect geogrids from it is in tension and free of kinks, folds, wrinkles or creases.

hardware cloth in front of -3 of the and place outlet pads in accordance with Roadway

Standard Drawing No. 815.03.

Roadway Standard Drawing No.

or the integral end bent cap backwall. Place welded wire facing adjacent to each other in the at the wall face in accordance with Roadway Standard Drawing shown in Roadway Standard Drawing shown in Roadway Standard Drawing to the wall face. Before placing select material or aggregat

R-5 surcharge pressure in accordance with Roadway Standard Drawing

Place select material or aggregate in 6 inch to 8-inch-thick -3(C) of the ap backwall. Do not ate. Replace any damaged

Roadway Standard Drawing No. 423.03 or 423.04.

Measurement and Payment be paid for at the contract lump sum price for ____ and Type 2 Bridge Approach sleeves, outlet pipes and pads and any incidentals neces sum price for .

The contract lump sum price for nts with MSE abutment walls will be incidental to the contract unit price for MSE Retaining Wall No. __.

Payment will be made under:

Pay Item Pay Unit Lump Sum

Lump Sum

SSP-1

STANDARD…