Bid Notice-Incidental Concrete Installation _ Repairs_ Upon Request in Hyde County.pdf
PDF 1 MB Posted
- Solicitation number
- MA00021
- Issued by
- Henderson County, North Carolina
About this file
Summary
This is a Bid Notice for an on-call Indefinite Delivery/Indefinite Quantity (ID/IQ) contract issued by the North Carolina Department of Transportation (NCDOT) Highway Division 1 for incidental concrete installation and repairs services. The contract (MA00021) encompasses work across seven counties: Camden, Currituck, Dare, Gates, Hyde, Pasquotank, and Perquimans, including Ocracoke Island in Hyde County. The contractor will provide all materials, machinery, labor, and equipment necessary to perform concrete installation, maintenance, and repair work on an as-needed basis through individual work order assignments issued by the Engineer. The bid opening is scheduled for August 19, 2026 at 2:00 PM, with sealed bids to be delivered to the NCDOT Division 1 office in Edenton, North Carolina. The contract period runs from the date of Purchase Order issuance through October 31, 2027, with the potential for two additional one-year renewal periods based on Consumer Price Index (CPI) adjustments, with a maximum annual award limit of $1,000,000 per year. Questions regarding the project must be submitted electronically to Mark S. Winslow at mswinslow@ncdot.gov no later than seven calendar days prior to bid opening.
This is a Small Business Enterprise (SBE) contract requiring bidder certification with annual gross income of $1,500,000 or less, exclusive of materials. The State of North Carolina has waived the General Contractor's License and Contract Performance and Payment Bonds requirements for this SBE contract, though bonding may be required at the work order level if individual assignments exceed $450,000. Bidders must submit unit prices for all itemized proposal sheets, and bids will be evaluated based on lowest responsible bid pricing. Multiple awards may be made, and work orders will be assigned based on lowest cost for required line items and quantities. Mobilization will be paid on a per-county basis as shown on the bid form, with liquidated damages ranging from $100 to $850 per calendar day depending on work order value. The contract is non-exclusive, and the Department reserves the right to reject all bids or make multiple awards. No minimum quantities are guaranteed for any line item associated with mobilization.
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MA00021 STATE
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
HIGHWAY DIVISION 1
SMALL BUSINESS ENTERPRISE ID/IQ PROPOSAL
DATE AND TIME OF BID OPENING: AUGUST 19, 2026 AT 2:00 PM
CONTRACT ID: MA00021
WBS ELEMENT NO.: GMR01.D01.4
FEDERAL AID NO.: STATE FUNDED
COUNTY: CAMDEN, CURRITUCK, DARE, GATES, HYDE, PASQUOTANK,
AND PERQUIMANS COUNTIES
TIP NO.: N/A
MILES: N/A
ROUTE NO.: VARIOUS
LOCATION: DISTRICT 1 COUNTIES, AND OCRACOKE ISLAND IN
HYDE COUNTY
TYPE OF WORK: INCIDENTAL CONCRETE INSTALLATION & REPAIRS,
UPON REQUEST
NOTICE:
UNDER THE PROVISIONS OF THIS PROGRAM, A N.C. GENERAL CONTRACTOR’S LICENSE IS NOT
REQUIRED AND CONTRACT PAYMENT AND CONTRACT PERFORMANCE BONDS IS NOT
REQUIRED. BIDDERS SHALL ALSO COMPLY WITH ALL OTHER APPLICABLE LAWS, INCLUDING
BUT NOT LIMITED TO, THOSE 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.
THIS IS A ROADWAY PROJECT. BID BOND IS NOT REQUIRED.
NAME OF BIDDER
ADDRESS OF BIDDER
PROPOSAL FOR THE CONSTRUCTION OF
CONTRACT No. MA00021 IN CAMDEN, CURRITUCK, DARE, GATES, HYDE, PASQUOTANK, AND PERQUIMANS COUNTIES, NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION,
RALEIGH, NORTH CAROLINA
The Bidder has carefully examined the location of the proposed work to be known as Contract No. MA00021; has carefully examined the plans and specifications, which are acknowledged to be part of the proposal, the special provisions, the proposal, the form of contract; and thoroughly understands the stipulations, requirements and provisions. The undersigned bidder agrees to be bound upon his execution of the bid and subsequent award to him by the Department of Transportation in accordance with this proposal. Payment and performance bonds are not required on this project. The undersigned Bidder 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 Bidder 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. MA00021 in Camden, Currituck, Dare, Gates, Hyde, Pasquotank, and Perquimans Counties, for the unit or lump sum prices, as the case may be, bid by the Bidder in his bid and according to the proposal, plans, and specifications prepared by said Department, which proposal, 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.
If the proposal is accepted and the award is made, the contract is valid only when signed either by the Contract Officer or such other person as may be designated by the Secretary to sign for the Department of Transportation. The conditions and provisions herein cannot be changed except over the signature of the said Contract Officer or Division Engineer.
The quantities shown in the itemized proposal for the project are considered to be approximate only and are given as the basis for comparison of bids. The Department of Transportation 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.
TABLE OF CONTENTS
COVER SHEET
PROPOSAL SHEET
PROJECT SPECIAL PROVISIONS
SMALL BUSINESS ENTERPRISE (SBE) CONTRACT: ...................................................................... G-1 INTERESTED PARTIES LIST NOT REQUIRED: ................................................................................ G-1 HAUL ROADS: ........................................................................................................................................ G-1 CONTRACT TIME FOR ID/IQ: .............................................................................................................. G-2 NON-EXCLUSIVE CONTRACT: ........................................................................................................... G-2 WORK ORDER ASSIGNMENT (SINGLE AWARDS) FOR ID/IQ: ..................................................... G-2 WORK ORDER ASSIGNMENT (MULTIPLE AWARDS) FOR ID/IQ: ............................................... G-3 BONDING REQUIREMENTS FOR ID/IQ: ............................................................................................ G-3 MOBILIZATION AND LIQUIDATED DAMAGES FOR ID/IQ: ......................................................... G-4 RENEWAL OF CONTRACT (CPI PRICE ADJUSTMENT) FOR ID/IQ: ............................................. G-5 DISPUTE RESOLUTION PROCESS FOR ID/IQ: ................................................................................. G-5 INTERMEDIATE CONTRACT TIME NUMBER 1 AND LIQUIDATED DAMAGES: ...................... G-6 PROSECUTION OF WORK: ................................................................................................................... G-7 RAILROAD GRADE CROSSING: ......................................................................................................... G-8 NO MAJOR CONTRACT ITEMS: .......................................................................................................... G-8 SPECIALTY ITEMS: ............................................................................................................................... G-8 FUEL PRICE ADJUSTMENT PAPER BID: ........................................................................................... G-8 SMALL BUSINESS ENTERPRISE (MULTI-YEAR MAINTENANCE CONTRACTS): .................. G-10 RESTRICTIONS ON ITS EQUIPMENT AND SERVICES: ................................................................ G-10 USE OF UNMANNED AIRCRAFT SYSTEM (UAS): ........................................................................ G-10 EQUIPMENT IDLING GUIDELINES: ................................................................................................. G-10 COOPERATION BETWEEN CONTRACTORS: ................................................................................. G-11 OUTSOURCING OUTSIDE THE USA: ............................................................................................... G-11 PROCEDURE FOR MONITORING BORROW PIT DISCHARGE: ................................................... G-12 NOTES TO CONTRACTOR: ................................................................................................................ G-13 PARTIAL PAYMENT : ......................................................................................................................... G-14
ROADWAY .............................................................................................................................................. R-1
STANDARD SPECIAL PROVISIONS
AVAILABILITY OF FUNDS – TERMINATION OF CONTRACTS................................................ SSP-1 NCDOT GENERAL SEED SPECIFICATION FOR SEED QUALITY ............................................. SSP-2 ERRATA .............................................................................................................................................. SSP-5 PLANT AND PEST QUARANTINES ................................................................................................ SSP-8 MINIMUM WAGES ............................................................................................................................ SSP-9 TITLE VI AND NONDISCRIMINATION: ....................................................................................... SSP-10 ON-THE-JOB TRAINING ................................................................................................................. SSP-19
SIGNATURE SHEETS AND FORMS .................................................................................................. S-1 BID/PAY ITEM SHEETS ...................................................................................................................... T-1 DOT EXECUTION SHEET .................................................................................................................. U-1
INSTRUCTIONS TO BIDDERS
PLEASE READ ALL INSTRUCTIONS CAREFULLY
BEFORE PREPARING AND SUBMITTING YOUR BID.
All bids shall be prepared and submitted in accordance with the following requirements. Failure to comply with any requirement may cause the bid to be considered irregular and may be grounds for rejection of the bid.
TRADITIONAL PAPER BIDS:
1. Small Business Enterprise bidders shall submit a SBE Application for Certification Form within the NC
Online Certification System on the Department’s website and have been approved by the Office of Economic Opportunity & Compliance prior to bidding. The SBE shall submit this form for approval at a minimum of one week prior to bidding.
2. Download the entire proposal from the Connect NCDOT website and return the entire proposal with your bid.
3. In accordance with Article 102-3 of the Standard Specifications, registration on the Interested Parties List is required unless SP1 G02 Interested Parties List Not Required provision is included in the proposal.
4. All entries on the itemized proposal sheet (bid form) shall be written in ink or typed.
5. The Bidder shall submit a unit price for every item on the itemized proposal sheet (bid form). The unit prices for the various contract items shall be written in figures. Unit prices shall be rounded off by the Bidder to contain no more than TWO decimal places.
6. An amount bid shall be entered on the itemized proposal sheet (bid form) for every item. The amount bid for each item shall be determined by multiplying each unit bid by the quantity for that item, and shall be written in figures in the "Amount" column of the form.
7. The total amount bid shall be written in figures in the proper place on the itemized proposal sheet (bid form).
The total amount bid shall be determined by adding the amounts bid for each item.
8. Changes to any entry shall be made by marking through the entry in ink and making the correct entry adjacent thereto in ink. A representative of the Bidder shall initial the change in ink. Do not use correction fluid, correction tape or similar product to make corrections.
9. The bid shall be properly executed on the included Execution of Bid – Non-collusion, Debarment and Gift Ban Certification form. All bids shall show the following information:
a. Name of corporation, partnership, Limited Liability Company, joint venture, individual or firm, submitting bid.
Corporations that have a corporate seal shall include it on the bid, otherwise write your corporations name in the seal location.
b. Name of individual or representative submitting bid and position or title held on behalf of the bidder.
c. Name, signature, and position or title of witness.
10. The bid shall not contain any unauthorized additions, deletions, or conditional bids.
11. The Bidder shall not add any provision reserving the right to accept or reject an award, or to enter into a contract pursuant to an award.
12. THE PROPOSAL WITH THE ITEMIZED PROPOSAL SHEET (BID FORM) ATTACHED SHALL
BE PLACED IN A SEALED ENVELOPE AND SHALL BE DELIVERED TO AND RECEIVED IN
THE NCDOT DIVISION OFFICE, LOCATED AT 113 Airport Drive, Suite 100 Edenton, NC 27932, BY 2:00 PM ON WEDNESDAY, AUGUST 19, 2026.
13. The sealed bid must display the following statement on the front of the sealed envelope:
QUOTATION FOR – CONTRACT ID MA00021 – INCIDENTAL CONCRETE
INSTALLATION & REPAIRS, UPON REQUEST IN DISTRICT 1 COUNTIES, AND
OCRACOKE ISLAND IN HYDE COUNTY, TO BE OPENED AT 2:00 PM ON WEDNESDAY,
AUGUST 19, 2026.
Item 13 continues next page
Item 13 continues
As well as the following information:
a. Name of corporation, partnership, Limited Liability Company, joint venture, individual or firm, submitting bid.
b. Name of individual or representative submitting bid and position or title held on behalf of the bidder.
c. Address of corporation, partnership, Limited Liability Company, joint venture, individual or firm, submitting bid.
d. SAP Vendor Number of corporation, partnership, Limited Liability Company, joint venture, individual or firm, submitting bid.
e. Contractor License Number, if available, of corporation, partnership, Limited Liability Company, joint venture, individual or firm, submitting bid.
14. If delivered by mail, the sealed envelope shall be placed in another sealed envelope and the outer envelope shall be addressed as follows:
N. C. DEPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS, DIVISION 1
ATTN: Mark S. Winslow
113 Airport Drive, Suite 100 Edenton, NC 27932
15. Questions should be emailed 7 calendar days prior to the bid opening to Mark S. Winslow at mswinslow@ncdot.gov. Contact with any other NCDOT personnel concerning this project is strictly prohibited, unless otherwise noted, and may result in bids being considered non-responsive.
MA00021 G-1 STATE
PROJECT SPECIAL PROVISIONS
GENERAL
SMALL BUSINESS ENTERPRISE (SBE) CONTRACT:
The Department of Transportation does not exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by this program on the basis of race, color, sex, political affiliation/influence, or national origin.
This is a SBE contract and to qualify for the NCDOT SBE Program a firm must have an annual gross income of $1,500,000 or less, exclusive of materials.
Only contractors currently certified as a SBE Contractor by the Contractual Services Unit of NCDOT and is listed in the Directory of Transportation Firms at bid opening will be eligible for award of this project.
Prospective bidders who qualify for the SBE Program and are not currently certified should submit a completed application packet to NCDOT Contractual Services.
Additional information on the program may be obtained online at:
http://www.ncdot.org/business/ocs/sbe/ Per G.S. 136-28.10, a NC General Contractor’s License and Contract Performance & Payment Bonds may be waived for SBE contracts. For this project, the NC General Contractor’s License and Contract Performance & Payment Bonds will be waived.
INTERESTED PARTIES LIST NOT REQUIRED:
(6-21-22)(Rev. 2-20-24) 102 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, delete the first paragraph.
Page 1-14, Article 102-8 PREPARATION AND SUBMISSION OF BIDS, lines 43-44, delete the first sentence of the first paragraph.
HAUL ROADS:
(7-16-24) 105 SP1 G04
Revise the Standard Specifications as follows:
Page 1-45, Article 105-15 RESTRICTION OF LOAD LIMITS, line 31, add the following after second sentence of the second paragraph:
MA00021 G-2 STATE
At least 30 days prior to use, the Contractor shall notify the Engineer of any public road proposed for use as a haul road for the project.
CONTRACT TIME FOR ID/IQ:
(2-15-22)(Rev. 4-15-25) 108 SP1 G11
The date of availability for this contract will be the date the Purchase Order is issued.
The completion date for this contract is October 31, 2027.
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.
Work shall be accomplished in a continuous manner once the contractor begins.
The liquidated damages for this contract will be assessed per the Mobilization and Liquidated Damages for ID/IQ provision located elsewhere in this contract.
NON-EXCLUSIVE CONTRACT:
(6-1-15) SPD 01-750
The Department may, as it deems to be in the best interest of the state and the Department of Transportation, execute more than one contract based on this proposal. The Contractor(s) understands and agrees, by signature on the Purchase Order Contract Bid Proposal, that this agreement does not constitute an exclusive contract. If awarded, the contracts will be executed with the lowest responsible bidders. The Department of Transportation reserves the right to make multiple awards for the services provided by this contract. Furthermore, the Department reserves the right to reject all bids received.
WORK ORDER ASSIGNMENT (SINGLE AWARDS) FOR ID/IQ:
(2-15-22)(Rev. 4-19-22) SPD 01-800A
Work orders will be assigned by the Engineer. The Contractor shall respond to the work order assignments with the anticipated start date, within three working days of notification unless noted otherwise. Failure to complete work in accordance with contract provisions and completion date may result in liquidated damages.
For federal ID/IQ contracts, all work orders will be assigned via the Work Order Assignment Form (Form IDIQ-1SA), and the Contractor is required to formally respond in writing for federal work orders within three working days, unless noted otherwise. The Work Order Assignment Form will also be used for any state ID/IQ contract in which the estimated work order cost meets the threshold for Performance and Payment Bonds in accordance with the Bonding Requirements for ID/IQ provision found elsewhere in this contract. For state ID/IQ contracts in which the work order assignment doesn’t meet the threshold for bonds, the Department has the option to use the Work Order Assignment Form or other methods for work order assignments as agreed upon by the Engineer and Contractor.
MA00021 G-3 STATE
The Contractor shall be required to prosecute the work in a continuous and uninterrupted manner from the time they begin the work until completion and final acceptance of the work order.
Multiple failures of the Contractor to mobilize and begin work on the work order within the agreed upon time frame or failure to complete the work within the given time frame may result in the Contractor being excluded from future work on this contract in accordance with the Standard Specifications.
WORK ORDER ASSIGNMENT (MULTIPLE AWARDS) FOR ID/IQ:
(2-15-22)(Rev. 4-19-22) SPD 01-800B
Work orders will be assigned based on the lowest work order cost for the line items and estimated quantities necessary to complete the work order. Unit prices from each awarded contractor’s bid will be used to determine the lowest cost for each work order. The assigned Contractor shall respond to the work order assignment with the anticipated start date, within three working days of notification unless noted otherwise. Failure on the part of the Contractor to reply within the specified time frame may be received as a rejection of the work order. If the Contractor with the lowest work order cost cannot complete the work within the time specified in the assignment, the Engineer may contact the Contractor with the next lowest work order cost. If that Contractor can complete the work within the time specified in the assignment, then the work order will be assigned to that contractor. If not, assignment of work order will continue in order of work order cost until all awarded Contractors have had a chance to accept the terms of the assignment.
For federal ID/IQ contracts, all work orders will be assigned via the Work Order Assignment form (Form IDIQ-1MA), and the Contractor is required to formally respond in writing for federal work orders within three working days, unless noted otherwise. The Work Order Assignment form will also be used for any state ID/IQ contract in which the estimated work order cost meets the threshold for Performance and Payment Bonds in accordance with the Bonding Requirements for ID/IQ provision found elsewhere in this contract. For state ID/IQ contracts in which the work order assignment doesn’t meet the threshold for bonds, the Department has the option to use the Work Order Assignment Form or other methods for work order assignments as agreed upon by the Engineer and Contractor.
The Contractor shall be required to prosecute the work in a continuous and uninterrupted manner from the time they begin the work until completion and final acceptance of the work order.
Multiple failures of the Contractor to mobilize and begin work on the work order within the agreed upon time frame or failure to complete the work within the given time frame may result in the Contractor being excluded from future work on this contract in accordance with the Standard Specifications.
BONDING REQUIREMENTS FOR ID/IQ:
(2-15-22) SPD 01-810
For purposes of this ID/IQ contract, the following definitions apply:
Project Agreement: A transportation improvement with a defined scope of work; a written agreement between NCDOT and the Federal Government defining the extent of construction work to be undertaken in accordance with the submitted plans, specifications and estimates. Execution of the agreement prompts the authorization to proceed (construction funding).
MA00021 G-4 STATE
Project: An undertaking issued to a contractor through a Work Order Assignment. The construction under a Project Agreement may be accomplished by one or more work order assignments, from one or more ID/IQ contracts. Note that for ID/IQ contracts this definition supersedes the definition in the Standard Specifications.
Award: The issuance of a signed Work Order Assignment by NCDOT shall constitute the notice of award of a project.
In accordance with North Carolina General Statute 44A-26, bonds are required on contracts awarded for any one project that exceeds $500,000. Beyond statutory requirements, NCDOT policy requires payment and performance bonds on all projects where the engineer’s estimate is $450,000 or greater, all Asphalt Surface Treatment projects, and projects containing the 12-month guarantee provision. The limit for waiving bonds for all bridge replacement and major bridge rehabilitation projects (latex overlays, etc.) is $300,000 based on the engineer’s estimate. The decision of bonding of a work order assignment below the dollar amounts listed shall be at the discretion of the Division’s evaluation of the risks associated with the project.
The need for contract payment and performance bonds will be determined at the Work Order Assignment level. The Work Order Assignment will notify the Contractor of an award of a project and if required, to provide contract payment and performance bonds per Article 103-7 of the Standard Specifications. The Work Order Assignment replaces the Notification of Award Letter mentioned in Article 103-4(A) of the Standard Specifications.
MOBILIZATION AND LIQUIDATED DAMAGES FOR ID/IQ:
(2-15-22)(Div.1 7-30-25) SPD 01-820 Div1
The Contractor shall mobilize to each location he is required to perform work. Mobilization will be paid on a per each basis, for the individual county the Work Order is assigned, as shown on the Bid Form. The only exception is if there is an Emergency Mobilization provision within the contract.
The Contractor will be provided a Work Order Assignment for each project with location(s), estimated quantities, and liquidated damages unless waived by the Engineer. The Contractor shall respond to the work order assignments with the anticipated start date, within three working days of notification unless noted otherwise. The anticipated start date shall be no more than 30 days after the work order is assigned by the engineer. Notification will be verbal followed by a faxed or emailed signed Work Order Assignment. There will be no minimum quantities for any line item associated with a particular mobilization. The Contractor shall complete the work identified on each Work Order Assignment.
The Contractor shall mobilize and complete the work within the time specified on the Work Order Assignment. Failure to complete the work by the completion date may result in the application of liquidated damages. Liquidated damage amounts will be based on the work order estimate and the liquidated damage table below.
MA00021 G-5 STATE
Work Order Value Liquidated Damages (per calendar day)
$0 - $100K $100.00
$100K - $200K $250.00
$200K - $300K $500.00
$300K - $500K $600.00
$500K - $1M $700.00
$1M - $2M $850.00
RENEWAL OF CONTRACT (CPI PRICE ADJUSTMENT) FOR ID/IQ:
(2-15-22)(Rev. 9-19-23) SPD 01-840
The Contractor shall submit a bid for one year. At the option of the Department, this contract may be extended for Two (2) additional periods of one year each (maximum (3) three years total).
Each year shall have a limit of One Million Dollars ($1,000,000.00).
The compensation payable to the contractor shall be fixed for the first twelve months of this contract. However, upon an application of renewal of the contract, or thirty days prior to the end of each contract period, the renewal contract may be adjusted to reflect the adjustment in the Consumer Price Index over the latest twelve month period as published by the US Bureau of Labor and Statistics at http://www.bls.gov/cpi to be applied to new work order assignments. The Consumer Price Index for All Urban Consumers (CPI-U), US City Average, All Items, 1982- 84=100, not seasonally adjusted will be used. If the amount of the requested adjustment is more than ten percent, the Department of Transportation reserves the right to cancel this contract.
CPI adjustment values can be determined using the calculator on the NCDOT Construction website.
This price escalation method will not be applied to items of work that are separately covered under commodity price escalation clauses. No other changes in the terms, conditions, etc. of this contract will be made when an extension to the contract is implemented. The Engineer will notify the Contractor in writing by within 60 days of renewal if the contract may be extended. The Contractor must notify the Engineer in writing by within 30 days from notification of his acceptance or rejection of this offer. Failure on the part of the Contractor to reply will be received as a rejection of contract extension.
DISPUTE RESOLUTION PROCESS FOR ID/IQ:
(2-15-22)(Rev. 1-16-24) SPD 01-850
If a question should arise on the contract or assignment of a work order, the contractor should notify the Engineer noted on the assignment documentation or the Division Engineer within 48 hours after the scheduled time of bid opening or work order assignment. The following should be included in the notification if applicable:
(A) the contract for which bids were solicited;
MA00021 G-6 STATE
(B) the particular law, regulation, or contract specification violated;
(C) a detailed description of the alleged violation; and
(D) any other information deemed to be relevant.
Once the initial evaluation has been completed, the contractor may be asked to attend a meeting for further discussion and clarification.
Once a determination has been made, the contractor will be notified of the decision by the Division Engineer. If the decision does not meet the satisfaction of the contractor, they have 24 hours from the Division Engineer’s notification to elevate the dispute to the Chief Engineer. The Chief Engineer will make the final decision and will not be subject to further review by NCDOT.
INTERMEDIATE CONTRACT TIME NUMBER 1 AND LIQUIDATED DAMAGES:
(2-20-07) 108 SP1 G14 A
The Contractor shall complete the required work of installing, maintaining, and removing the traffic control devices for lane closures and restoring traffic to the existing traffic pattern. The Contractor shall not close or narrow a lane of traffic on ANY ROAD during the following time restrictions:
DAY AND TIME RESTRICTIONS
MONDAY-FRIDAY FROM THIRTY (30) MINUTES BEFORE SUNSET
TO THIRTY (30) MINUTES AFTER SUNRISE THE FOLLOWING DAY
AND
SATURDAY FROM THIRTY (30) MINUTES BEFORE SUNSET
TO THIRTY (30) MINUTES AFTER SUNRISE THE FOLLOWING MONDAY
In addition, the Contractor shall not close or narrow a lane of traffic on ANY ROAD, detain and/or alter the traffic flow on or during holidays, holiday weekends, special events, or any other time when traffic is unusually heavy, including the following schedules:
HOLIDAY AND HOLIDAY WEEKEND LANE CLOSURE RESTRICTIONS
1. For unexpected occurrence that creates unusually high traffic volumes, as directed by the Engineer.
2. For New Year's Day, between the hours of 30 minutes before sunset December 31st and 30 minutes after sunrise January 2nd. If New Year's Day is on a Friday, Saturday, Sunday or Monday, then until 30 minutes after sunrise the following Tuesday.
3. For Easter, between the hours of 30 minutes before sunset Thursday and 30 minutes after sunrise Monday.
4. For Memorial Day, between the hours of 30 minutes before sunset Friday and 30 minutes after sunrise Tuesday.
5. For Independence Day, between the hours of 30 minutes before sunset the day before Independence Day and 30 minutes after sunrise the day after Independence Day.
MA00021 G-7 STATE
If Independence Day is on a Friday, Saturday, Sunday or Monday, then between the hours of 30 minutes before sunset the Thursday before Independence Day and 30 minutes after sunrise the Tuesday after Independence Day.
6. For Labor Day, between the hours of 30 minutes before sunset Friday and 30 minutes after sunrise Tuesday.
7. For Thanksgiving Day, between the hours of 30 minutes before sunset Tuesday and 30 minutes after sunrise Monday.
8. For Christmas, between the hours of 30 minutes before sunset the Friday before the week of Christmas Day and 30 minutes after sunrise the following Tuesday after the week of Christmas Day.
Holidays and holiday weekends shall include New Year's, Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas. The Contractor shall schedule his work so that lane closures will not be required during these periods, unless otherwise directed by the Engineer.
The time of availability for this intermediate contract work shall be the time the Contractor begins to install all traffic control devices for lane closures according to the time restrictions listed herein.
The completion time for this intermediate contract work shall be the time the Contractor is required to complete the removal of all traffic control devices for lane closures according to the time restrictions stated above and place traffic in the existing traffic pattern.
The liquidated damages are Two Hundred Fifty Dollars ($ 250.00) per hour.
PROSECUTION OF WORK:
(7-1-95) (Rev. 8-21-12) 108 SP1 G15R
The Contractor will be required to prosecute the work in a continuous and uninterrupted manner from the time he begins the work until completion and final acceptance of the project. The Contractor will not be permitted to suspend his operations except for reasons beyond his control or except where the Engineer has authorized a suspension of the Contractor's operations in writing.
In the event that the Contractor's operations are suspended in violation of the above provisions, the sum of $ 250.00 will be charged the Contractor for each and every calendar day that such suspension takes place. The said amount is hereby agreed upon as liquidated damages due to extra engineering and maintenance costs and due to increased public hazard resulting from a suspension of the work. Liquidated damages chargeable due to suspension of the work will be additional to any liquidated damages that may become chargeable due to failure to complete the work on time.
MA00021 G-8 STATE
RAILROAD GRADE CROSSING:
(7-1-95)(Rev. 1-16-24) 107-9 SP1 G17R
When the use of slow moving or stopped equipment is required over at-grade railroad crossings, the contractor shall contact the appropriate track owner to gain Right of Entry. The contractor shall be responsible for ascertaining and contacting the railroad track owner.
No separate payment will be made for conforming with the requirements of this Special Provision. Please contact the Resident Engineer or the NCDOT Rail Division - Engineering Coordination & Safety Branch - Surfaces & Encroachment Manager with any questions pertaining to the Right of Entry.
NO MAJOR CONTRACT ITEMS:
(2-19-02) (Rev. 8-21-07) 104 SP1 G31
None of the items included in this contract will be major items.
SPECIALTY ITEMS:
(7-1-95)(Rev. 1-16-24) 108-6 SP1 G37
Items listed below will be the specialty items for this contract (see Article 108-6 of the Standard Specifications).
Line # Description 28 - 30 Erosion Control
FUEL PRICE ADJUSTMENT PAPER BID:
(11-15-05)(Rev. 1-16-24) 109-8 SP1 G44
Revise the Standard Specifications as follows:
Page 1-82, Article 109-8, FUEL PRICE ADJUSTMENTS, add the following:
The base index price for DIESEL #2 FUEL is $ 3.3565 per gallon. Where any of the following are included as pay items in the contract, they will be eligible for fuel price adjustment.
MA00021 G-9 STATE
The pay items and the fuel factor used in calculating adjustments to be made will be as follows:
Description Units Fuel Usage
Factor Diesel Unclassified Excavation Gal/CY 0.29 Borrow Excavation Gal/CY 0.29 Class IV Subgrade Stabilization Gal/Ton 0.55 Aggregate Base Course Gal/Ton 0.55 Sub-Ballast Gal/Ton 0.55 Erosion Control Stone Gal/Ton 0.55 Rip Rap, Class _____ Gal/Ton 0.55 Asphalt Concrete Base Course, Type ____ Gal/Ton 0.90 or 2.90 Asphalt Concrete Intermediate Course, Type ____ Gal/Ton 0.90 or 2.90 Asphalt Concrete Surface Course, Type ____ Gal/Ton 0.90 or 2.90 Open-Graded Asphalt Friction Course Gal/Ton 0.90 or 2.90 Permeable Asphalt Drainage Course, Type ____ Gal/Ton 0.90 or 2.90 Sand Asphalt Surface Course, Type ____ Gal/Ton 0.90 or 2.90 Ultra-thin Bonded Wearing Course Gal/Ton 0.90 or 2.90 Aggregate for Cement Treated Base Course Gal/Ton 0.55 Portland Cement for Cement Treated Base Course Gal/Ton 0.55 > 11" Portland Cement Concrete Pavement Gal/SY 0.327 Concrete Shoulders Adjacent to > 11” Pavement Gal/SY 0.327 9” to 11" Portland Cement Concrete Pavement Gal/SY 0.272 Concrete Shoulders Adjacent to 9” to 11” Pavement Gal/SY 0.272 < 9” Portland Cement Concrete Pavement Gal/SY 0.245 Concrete Shoulders Adjacent to < 9” Pavement Gal/SY 0.245
For the asphalt items noted in the chart as eligible for fuel adjustments, the bidder may include the Fuel Usage Factor Adjustment Form for Paper Bid with their bid submission if they elect to use the fuel usage factor. The Fuel Usage Factor Adjustment Form for Paper Bid is included toward the end of this paper bid document when asphalt items noted in the chart as eligible for fuel adjustments are part of the project.
Select either 2.90 Gal/Ton fuel factor or 0.90 Gal/Ton fuel factor for each asphalt line item on the Fuel Usage Factor Adjustment Form for Paper Bid. The selected fuel factor for each asphalt item will remain in effect for the duration of the contract.
Failure to complete the Fuel Usage Factor Adjustment Form for Paper Bid will result in using
2.90 gallons per ton as the Fuel Usage Factor for Diesel for the asphalt items noted above. The contractor will not be permitted to change the Fuel Usage Factor after the bids are submitted.
MA00021 G-10 STATE
SMALL BUSINESS ENTERPRISE (MULTI-YEAR MAINTENANCE CONTRACTS):
(4-20-21)(Rev. 2-15-22) SP1 G74
This contract is a multi-year maintenance contract let pursuant to the Small Business Enterprise provisions of N.C. General Statute §136-28.10. No minimum quantity of services is guaranteed to be awarded bidders under this contract. In accordance with N.C. General Statute §136-28.10, an award in a contract may be for an amount less but shall not exceed $1,000,000 per year. No payments in excess of this amount will be disbursed, in accordance with the Statute.
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.
USE OF UNMANNED AIRCRAFT SYSTEM (UAS):
(8-20-19)(Rev. 3-17-26) SP1 G092
The Contractor 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, American Security Drone Act of 2023 (ASDA), Office of Management and Budget (OMB) Memorandum M-26-02, 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 contractors 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 Contractor’s discretion. No measurement or payment will be made for the use of UAS. In the event that the Department directs the Contractor to utilize UAS, payment will be in accordance with Article 104-7 Extra Work.
EQUIPMENT IDLING GUIDELINES:
(1-19-21) 107 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.
MA00021 G-11 STATE
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.
COOPERATION BETWEEN CONTRACTORS:
(7-1-95)(Rev. 1-16-24) 105-7 SP1 G133
The Contractor's attention is directed to Article 105-7 of the Standard Specifications.
The Contractor on this project shall cooperate with the Contractor working within or adjacent to the limits of this project to the extent that the work can be carried out to the best advantage of all concerned.
OUTSOURCING OUTSIDE THE USA:
(9-21-04) (Rev. 5-16-06) 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 North Carolina Secretary of Transportation shall approve exceptions to this provision in writing.
MA00021 G-12 STATE
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 Contractor 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 Contractor 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.
The Engineer 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 Contractor’s test results, an immediate test shall be performed jointly with the results superseding the previous test results of both the Department and the Contractor.
MA00021 G-13 STATE
The Contractor 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 noncompensatory and shall be used when needed to meet the stream turbidity standards. Tier II Methods are also noncompensatory 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 Contractor 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 Contractor 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.
NOTES TO CONTRACTOR:
(8-19-25) SP1 G999B
1. SAFETY VESTS: All Contractors' personnel, all subcontractors and their personnel, and any material suppliers and their personnel must wear an OSHA approved reflective vest or outer garment at all times while on the project.
2. DRIVEWAYS AND PRIVATE PROPERTY: The Contractor shall maintain access to driveways for all residents and property owners throughout the life of the project. The Contractor shall not perform work for private citizens or agencies in conjunction with this project or within the project limits of this contract.
3. PERSONAL PROTECTIVE EQUIPMENT (PPE): All personal protective equipment required for the Contractor’s employees shall be furnished by the Contractor. Personal protective equipment includes, but is not limited to safety vests, eye protection, ear protection, hard hats, steel-toed shoes, gloves, etc.
4. COOPERATION WITH STATE FORCES: The Department reserves the right at any time for State Forces to perform other or additional work on or near the work covered by this contract. When State Forces perform work within the limits of the project, the Contractor shall conduct his work so as not to interfere with or hinder the progress or completion of the work being performed by State Forces. The Contractor shall conduct his operation in such a manner as to avoid damaging any work being performed by State Forces, or any work that has been completed by State Forces.
MA00021 G-14 STATE
5. PRESERVATION OF PROPERTY: The Contractor shall exercise care to avoid damage to all public and private property and facilities. Any damage to property, such as, but not limited to, mailboxes, fences, gates, vehicles, driveways, etc. shall immediately be restored to previously existing conditions by the contractor. No payment will be made to the Contractor for such restorative work.
6. DAMAGE TO EXISTING PAVEMENT: In addition to the requirements of the
Standard Specifications concerning this subject, the contractor is cautioned that he will be held responsible for all damages to the pavement, base, and subgrade caused by his operations; including, but not limited to, rutting, and shoving of the existing pavement and yielding or rutting of the existing base and subgrade.
Any damage to the pavement caused by the Contractor’s operations will be repaired by the Contractor at no cost to the department.
7. WORK SITE CLEANUP: The Contractor shall clean the work sites of all debris, excess excavations, waste packing material, scraps, etc. At the end of each workday the site shall be clear and clean. The Contractor shall not throw any waste material in any storm sewers or streams.
8. TRAFFIC SIGNS & MAILBOXES: Permanent traffic signs and mailboxes that interfere with the road construction operations are to be removed during the course of a day’s work and be re-installed at the conclusion of each workday. The contractor shall mark the proper location of the signs and mailboxes by placing an offset stake behind the ditch line to ensure proper replacement.
MA00021 G-15 STATE
PARTIAL PAYMENT
Invoices may be submitted on a monthly basis, or other interval as approved by the Engineer, for payment of the services rendered. All invoice items and unit costs shall correspond to contract pay items as they appear on the Purchase Order. The Engineer shall verify the quantities submitted on the invoice prior to payment. In the event of errors or discrepancies in the quantities or unit costs, the Invoices should be submitted to one of the following offices, depending on the location of the work completed:
N.C. Department of Transportation District One Field Office Attn: Caitlin Spear, P.E.
1929 North Road St.
Elizabeth City, NC 27909
Invoices must be “electronically scanned and the image is transmitted to the Purchasing Unit to verify payment. To avoid confusion and delay of payments each invoice should have a unique Invoice Number, i.e. 1, 2, 3…. In addition, the invoice should be positively identified and associated with the Purchase Order including the Purchase Order Number, WorkOrder Number, and the County the work was completed in on the invoice.
MA00021 R-1 STATE
PROJECT SPECIAL PROVISIONS
ROADWAY
1. GENERAL PROVISIONS & SCOPE OF WORK
1.1 Scope of Services
This is an On-Call Contract for the installation, maintenance, repair, and removal of incidental concrete items. The Department will issue individual Work Order assignments on an as-needed basis.
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