Bid Notice-On-Call Snow-Plowable Markers Along Various Locations Across Division 14 - Cherokee County.pdf
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- On-Call Snow-Plowable Markers Along Various Locations Across Division 14 - Cherokee County
- Solicitation number
- DN12236810
- Issued by
- Chatham County, North Carolina
About this file
Summary
This is a Bid Notice for an Indefinite Delivery/Indefinite Quantity (ID/IQ) on-call snow-plowable markers contract issued by the North Carolina Department of Transportation (NCDOT), Highway Division 14, covering Cherokee, Clay, Graham, Haywood, Henderson, Jackson, Macon, Polk, Swain, and Transylvania Counties. The contractor shall furnish all materials, machinery, tools, labor, and equipment necessary to install, maintain, and remove snowplowable delineation markers and markings at various locations across Division 14. The contract includes five approved snowplowable delineation options: polycarbonate H-shaped markers, inlaid raised pavement markers, 10-foot rumble skips, inlaid cradle markers, and 10-foot inlaid pavement markings. The bid opening is scheduled for September 8, 2026, at 2:00 PM, with sealed bids to be delivered to the NCDOT Division Office at 253 Webster Road, Sylva, NC 28779. The contract is available beginning October 5, 2026, with a completion date of October 4, 2027. The contract may be extended for two additional one-year periods at the Department's option, with a maximum annual contract limit of $5,000,000 per year.
Bidders must comply with all applicable North Carolina licensing requirements for general contractors on non-federal-aid projects exceeding $40,000. Payment and performance bonds are not required for the initial contract award but may be required for individual work order assignments exceeding $450,000 in estimated value. Liquidated damages apply based on work order value, ranging from $100 per calendar day for orders under $100,000 to $850 per calendar day for orders between $1 million and $2 million. There is no Minority Business Enterprise (MBE) or Women Business Enterprise (WBE) goal for this project. The contract is a state-funded, multi-year maintenance contract with no guaranteed minimum quantities. Price adjustments may be applied upon contract renewal based on the Consumer Price Index (CPI) for All Urban Consumers. Questions must be emailed to Jeffrey E. Alspaugh, EI at d14contracts@ncdot.gov at least seven calendar days prior to bid opening.
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
HIGHWAY DIVISION 14
ID/IQ PROPOSAL
DATE AND TIME OF BID OPENING: SEPTEMBER 8, 2026 AT 2:00 PM
CONTRACT ID: DN12236810
WBS ELEMENT NO.: GMR14.CHE.1PT, GMR14.CHE.2PT, ETC
FEDERAL AID NO.: STATE FUNDED
COUNTY: CHEROKEE, CLAY, GRAHAM, HAYWOOD, HENDERSON,
JACKSON, MACON, POLK, SWAIN AND TRANSYLVANIA
TIP NO.: N/A
MILES: VARIES
ROUTE NO.: VARIOUS LOCATIONS ACROSS DIVISION 14
LOCATION: VARIOUS LOCATIONS ACROSS DIVISION 14
TYPE OF WORK: ID/IQ ON-CALL SNOW-PLOWABLE MARKERS
NOTICE:
ALL BIDDERS 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 BIDDER TO BE LICENSED BY THE N.C. LICENSING
BOARD FOR CONTRACTORS WHEN BIDDING ON ANY NON-FEDERAL AID PROJECT WHERE THE
BID IS $40,000 OR MORE, EXCEPT FOR CERTAIN SPECIALTY WORK AS DETERMINED BY THE
LICENSING BOARD. BIDDERS 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 BIDDER 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.
THIS IS A ROADWAY PROJECT. BID BOND IS NOT REQUIRED.
NAME OF BIDDER
ADDRESS OF BIDDER
DN12236810 Division-Wide
PROPOSAL FOR THE CONSTRUCTION OF
CONTRACT No. DN12236810 IN Cherokee, Clay, Graham, Haywood, Henderson, Jackson, Macon, Polk, Swain and Transylvania 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. DN12236810; 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. DN12236810 in Cherokee, Clay, Graham, Haywood, Henderson, Jackson, Macon, Polk, Swain and Transylvania 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.
042681
JE
ANETTE L. WHIT
E
08/17/2026
TABLE OF CONTENTS
COVER SHEET
PROPOSAL SHEET
PROJECT SPECIAL PROVISIONS
INTERESTED PARTIES LIST NOT REQUIRED: .................................................................. G-1
HAUL ROADS: .......................................................................................................................... G-1
CONTRACT TIME FOR ID/IQ: ................................................................................................ G-1
WORK ORDER ASSIGNMENT (SINGLE AWARDS) FOR ID/IQ: ...................................... G-2
BONDING REQUIREMENTS FOR ID/IQ: .............................................................................. G-2
MOBILIZATION AND LIQUIDATED DAMAGES FOR ID/IQ: ........................................... G-3
RENEWAL OF CONTRACT (CPI PRICE ADJUSTMENT) FOR ID/IQ: .............................. G-3
DISPUTE RESOLUTION PROCESS FOR ID/IQ: ................................................................... G-4
INTERMEDIATE CONTRACT TIME NUMBER 1 AND LIQUIDATED DAMAGES: ....... G-4
INTERMEDIATE CONTRACT TIME NUMBER 2 AND LIQUIDATED DAMAGES: ....... G-6
NO MAJOR CONTRACT ITEMS: ........................................................................................... G-8
NO SPECIALTY ITEMS: .......................................................................................................... G-8
SCHEDULE OF ESTIMATED COMPLETION PROGRESS: ................................................. G-9
MINORITY BUSINESS ENTERPRISE AND WOMEN BUSINESS ENTERPRISE
(DIVISIONS): ............................................................................................................................. G-9
MULTI-YEAR MAINTENANCE CONTRACTS (ID/IQ): .................................................... G-24
RESTRICTIONS ON ITS EQUIPMENT AND SERVICES: .................................................. G-25
USE OF UNMANNED AIRCRAFT SYSTEM (UAS): .......................................................... G-25
EQUIPMENT IDLING GUIDELINES: ................................................................................... G-25
OUTSOURCING OUTSIDE THE USA: ................................................................................. G-26
ROADWAY .................................................................................................................................R-1
STANDARD SPECIAL PROVISIONS
AVAILABILITY OF FUNDS – TERMINATION OF CONTRACTS ..................................SSP-1
ERRATA..................................................................................................................................SSP-2
PLANT AND PEST QUARANTINES ...................................................................................SSP-5
MINIMUM WAGES ...............................................................................................................SSP-6
TITLE VI AND NONDISCRIMINATION: ...........................................................................SSP-7
ON-THE-JOB TRAINING ....................................................................................................SSP-16
UNIT PROJECT SPECIAL PROVISIONS
TRAFFIC CONTROL .............................................................................................................. TC-1
EROSION CONTROL ............................................................................................................. EC-1
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. Download the entire proposal from the Connect NCDOT website and return the entire proposal with your bid.
2. 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.
3. Enter required information on the cover page. The “Name of Bidder” and the “Address of Bidder” should be as it appears in the Directory of Firms found on the Department’s website.
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. 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 for every item. The amount bid for each item shall be determined by multiplying each unit cost 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 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 products 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 provide the following information:
a. Complete one of the following forms: Corporation, Partnership, Limited Liability Company, Joint
Venture, Individual Doing Business in His Own Name or Individual Doing Business Under a Firm
Name, based on the business entity submitting the bid.
b. Corporations that have a corporate seal shall include it on the bid, otherwise write your corporations name in the seal location.
c. Provide the name of the individual or representative submitting bid along with their position or title held on behalf of the bidder.
d. 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, nor enter into a contract pursuant to an award.
12. THE ENTIRE PROPOSAL WITH THE ITEMIZED PROPOSAL SHEET AND ALL OTHER
APPLICABLE FORMS SHALL BE COMPLETED AND PLACED IN A SEALED ENVELOPE
AND SHALL BE DELIVERED TO AND RECEIVED IN THE NCDOT DIVISION OFFICE,
LOCATED AT 253 Webster Road Sylva, NC 28779,BY 2:00 PM ON, September 8, 2026.
13. The sealed bid must display the following statement on the front of the sealed envelope:
QUOTATION FOR – CONTRACT ID DN12236810 – ID/IQ ON-CALL SNOW-PLOWABLE
MARKERS AT VARIOUS LOCATIONS ACROSS DIVISION 14 TO BE OPENED AT 2:00 PM
ON, September 8, 2026.
As well as the following information:
a. Name of the Corporation, Partnership, Limited Liability Company, Joint Venture, Individual Doing
Business in His Own Name or Individual Doing Business Under a Firm Name, submitting bid.
b. Provide the name of the individual or representative submitting bid along with their position or title held on behalf of the bidder.
c. Address of the Corporation, Partnership, Limited Liability Company, Joint Venture, Individual Doing
Business in His Own Name or Individual Doing Business Under a Firm Name, submitting bid.
d. SAP Vendor Number of the Corporation, Partnership, Limited Liability Company, Joint Venture, Individual Doing Business in His Own Name or Individual Doing Business Under a Firm Name, submitting bid. This information can be found on the Directory of Firms found on the Department’s website.
e. Contractor License Number, if available, of Corporation, Partnership, Limited Liability Company, Joint
Venture, Individual Doing Business in His Own Name or Individual Doing Business Under a Firm
Name, 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 14
ATTN: Jeffrey E. Alspaugh, EI
253 Webster Road
Sylva, NC 28779
15. Questions should be emailed 7 calendar days prior to the bid opening to Jeffrey E. Alspaugh, EI at d14contracts@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.
DN12236810 N/A G-1
Division-Wide
GENERAL
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
Page 1-45, Article 105-15 RESTRICTION OF LOAD LIMITS, line 31, add the following after second sentence of the second paragraph:
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 is October 5, 2026.
The completion date for this contract is October 4, 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.
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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.
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).
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
DN12236810 G-3
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) SPD 01-820
The Contractor shall mobilize to each location he is required to perform work. There will be no direct pay for Mobilization as it will be incidental to the other bid items. 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. 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.
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 Five Million Dollars ($5,000,000.00).
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-
DN12236810 G-4
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 60 if the contract may be extended. The Contractor must notify the
Engineer in writing by 30 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;
(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 NOT ADDRESSED IN
ICT #2 during the following time restrictions:
DAY AND TIME RESTRICTIONS
Monday thru Friday
7:00 AM to 8:00 AM
And
5:00 PM to 6:00 PM
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In addition, the Contractor shall not close or narrow a lane of traffic on ANY ROAD NOT
ADDRESSED IN ICT #2, 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
2. For New Year's Day, between the hours of 4:00 PM December 31st and 7:00 AM
January 2nd. If New Year's Day is on a Friday, Saturday, Sunday or Monday, then until
7:00 AM the following Tuesday.
3. For Easter, between the hours of 4:00 PM Thursday and 7:00 AM Monday.
4. For Memorial Day, between the hours of 4:00 PM Friday and 7:00 AM Tuesday.
5. For Independence Day, between the hours of 4:00 PM the day before Independence Day and 7:00 AM the day after Independence Day.
If Independence Day is on a Friday, Saturday, Sunday or Monday, then between the hours of 4:00 PM the Thursday before Independence Day and 7:00 AM the Tuesday after
Independence Day.
6. For Labor Day, between the hours of 4:00 PM Friday and 7:00 AM Tuesday.
7. For Thanksgiving Day, between the hours of 4:00 PM Tuesday and 7:00 AM Monday.
8. For Christmas, between the hours of 4:00 PM the Friday before the week of Christmas
Day and 7:00 AM 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.
DN12236810 G-6
INTERMEDIATE CONTRACT TIME NUMBER 2 AND LIQUIDATED DAMAGES:
(09-22-26) PSP1 G14 A2
The Contractor shall complete the required work of installing, maintaining, and removing the traffic control devices for lane closures and restoring traffic to a multi-lane two-way traffic pattern.
The Contractor shall not close or narrow a lane of traffic on I-26 in Henderson or Polk Counties;
I-40 in Haywood County; US 23-74 in Haywood, Jackson, or Swain Counties during the following time restrictions:
DAY AND TIME RESTRICTIONS
Dates Monday through
Thursday
Friday Saturday Sunday
October 1, 2026 through November 2, 2026 (Leaf Season) from 6:00A.M.
to 7:00 P.M from 6:00A.M.
to 9:00 P.M from 9:00A.M.
to 9:00 P.M from Noon. to
8:00 P.M
May 28, 2027 through
September 7, 2027
(Summer) from 6:00A.M.
to 7:00 P.M from 6:00A.M.
to 9:00 P.M from 9:00A.M.
to 9:00 P.M from Noon. to
8:00 P.M
November 20, 2026 through January 6, 2027 (Christmas
Retail) from 6:00A.M.
to 9:00 P.M
All Times All Times All Times
December 16, 2026 through January 6, 2027 (Christmas)
All Times All Times All Times All Times
March 25, 2027 through
March 29, 2027
(Easter)
All Times All Times All Times All Times
May 27, 2027 through
June 1, 2027
(Memorial Day)
All Times All Times All Times All Times
12:00 Noon July 1, 2027 through 8:00
AM July 6, 2027
(Independence Day)
All Times All Times All Times All Times
September 2, 2027 through September 7, 2027 (Labor Day)
All Times All Times All Times All Times
November 23, 2027 through November 29, 2027 (Thanksgiving)
All Times All Times All Times All Times
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In addition, the Contractor shall not close or narrow a lane of traffic on Non-Freeway Routes, 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
2. For New Year's Day, between the hours of 4:00 p.m. December 31st and 7:00 a.m. January
2nd. If New Year's Day is on a Friday, Saturday, Sunday or Monday, then until 7:00 a.m. the following Tuesday.
3. For Easter, between the hours of 4:00 p.m. Thursday and 7:00 a.m. Monday.
4. For Memorial Day, between the hours of 4:00 p.m. Friday and 7:00 a.m. Tuesday.
5. For Independence Day, between the hours of 4:00 p.m. the day before Independence Day and
7:00 a.m. the day after Independence Day.
If Independence Day is on a Friday, Saturday, Sunday or Monday, then between the hours of
4:00 p.m. the Thursday before Independence Day and 7:00 a.m. the Tuesday after
Independence Day.
6. For Labor Day, between the hours of 4:00 p.m. Friday and 7:00 a.m. Tuesday.
7. For Thanksgiving Day, between the hours of 4:00 p.m. Tuesday and 7:00 a.m. Monday.
8. For Christmas, between the hours of 4:00 p.m. the Friday before the week of Christmas and
7:00 a.m. the following Tuesday after the week of Christmas.
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 are not 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 herein and place traffic in a normal traffic pattern.
DN12236810 G-8
The liquidated damages are as follows:
INTERSTATE, U.S., and NC ROUTES
Route Segment County # of Lanes Closed LD Assessment
I-26 (8-lane segment) Henderson 1 $500 / 15 mins
2 $1,250 / 15 mins
3 $2,500 / 15 mins
4 (stopped or detoured) $5,000 / 15 mins
I-26 (4-lane segment) Henderson 1 $2,500 / 15 mins
2 (stopped or detoured) $5,000 / 15 mins
I-26 (4-lane segment) Polk 1 $1,250 / 15 mins
2 (stopped or detoured) $2,500 / 15 mins
I-40 (4-lane segment) Haywood 1 $1,250 / 15 mins
2 (stopped or detoured) $2,500 / 15 mins
US 23-74 Haywood 1 $1,250 / 15 mins
2 (stopped or detoured) $2,500 / 15 mins
US 23-74 Jackson 1 $500 / 15 mins
2 (stopped or detoured) $1,250 / 15 mins
US 74 (W of exit 74) Swain 1 $500 / hr
2 (stopped or detoured) $250 / 15 mins
US 74 (E of exit 74) Swain 1 $500 / 15 mins
2 (stopped or detoured) $1,250 / 15 mins
US 74 Polk 1 $500 / hr
2 (stopped or detoured) $250 / 15 mins
US 25 Henderson 1 $500 / hr
2 (stopped or detoured) $250 / 15 mins
TWO-LANE, TWO-WAY ROADS
Vehicles Per Day (vpd) County # of Lanes Closed LD Assessment
ADT up to 10,000 All 2 $250 / hr
10,000 to 12,500 All 2 $500 / hr
12,500 to 15,000 All 2 $750 / hr
Over 15,000 All 2 $250 / 15 mins
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.
NO SPECIALTY ITEMS:
(7-1-95)(Rev. 1-16-24) 108-6 SP1 G34
None of the items included in this contract will be specialty items (see Article 108-6 of the
Standard Specifications).
DN12236810 G-9
SCHEDULE OF ESTIMATED COMPLETION PROGRESS:
(7-15-08)(Rev. 6-16-26) 108-2 SP1 G58
The Contractor's attention is directed to the Standard Special Provision entitled Availability of
Funds Termination of Contracts included elsewhere in this proposal. The Department of
Transportation's schedule of estimated completion progress for this project as required by that
Standard Special Provision is as follows:
The Contractor shall also furnish his own progress schedule in accordance with Article 108-2 of the Standard Specifications. Any acceleration of the progress as shown by the Contractor's progress schedule over the progress as shown above shall be subject to the approval of the
MINORITY BUSINESS ENTERPRISE AND WOMEN BUSINESS ENTERPRISE
(DIVISIONS):
(10-16-07)(Rev. 10-21-25) 102-15(J) SP1 G67
Description
The purpose of this Special Provision is to carry out the North Carolina Department of
Transportation’s policy of ensuring nondiscrimination in the award and administration of contracts financed in whole or in part with State funds.
Definitions
Additional MBE/WBE Subcontractors - Any MBE/WBE submitted at the time of bid that will not be used to meet the Combined MBE/WBE goal. No submittal of a Letter of Intent is required.
Combined MBE/WBE Goal: A portion of the total contract, expressed as a percentage that is to be performed by committed MBE/WBE subcontractors.
Committed MBE/WBE Subcontractor - Any MBE/WBE submitted at the time of bid that is being used to meet the Combined MBE / WBE goal by submission of a Letter of Intent. Or any MBE or WBE used as a replacement for a previously committed MBE or WBE firm.
Contract Goal Requirement - The approved participation at time of award, but not greater than the advertised Combined MBE/WBE contract goal.
Goal Confirmation Letter - Written documentation from the Department to the bidder confirming the Contractor's approved, committed participation along with a listing of the committed MBE and
WBE firms.
Manufacturer - A firm that owns (or leases) and operates or maintains a factory or establishment that produces on the premises, the materials or supplies obtained by the Contractor. A firm that makes minor modifications to the materials, supplies, articles, or equipment is not a manufacturer.
Fiscal Year Progress (% of Dollar Value)
2027 (7/01/26 - 6/30/27) 74% of Total Amount Bid
2028 (7/01/27 - 6/30/28) 26% of Total Amount Bid
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MBE Participation (Anticipated) - A portion of the total contract, expressed as a percentage that is anticipated to be performed by committed MBE subcontractor(s).
Minority Business Enterprise (MBE) - A firm certified as a Disadvantaged Minority-Owned
Business Enterprise through the North Carolina Unified Certification Program.
Regular Dealer - A firm that owns (or leases), and operates a store, warehouse, or other establishment in which the materials or supplies required for the performance of the contract are bought, kept in sufficient quantities, and regularly sold to the public in the usual course of business.
A regular dealer engages in, as its principal business and in its own name, the purchase and sale or lease of the products in question. A regular dealer in such bulk items as steel, concrete or concrete products, gravel, stone, asphalt and petroleum products need not keep such products in stock, if it owns and operates distribution equipment for the products. Any supplement of regular dealers’ own distribution equipment shall be by a long-term operating lease and not on an ad hoc or contract-by-contract basis.
Distributor – A firm that engages in the regular sale or lease of the items specified by the contract.
A distributor assumes responsibility for the items it purchases once they leave the point of origin
(e.g., a manufacturer’s facility), making it liable for any loss or damage not covered by the carrier’s insurance.
Replacement / Substitution – A full or partial reduction in the amount of work subcontracted to a committed (or an approved substitute) MBE/WBE firm.
North Carolina Unified Certification Program (NCUCP) - A program that provides comprehensive services and information to applicants for MBE/WBE certification.
The MBE/WBE program follows the same regulations as the federal Disadvantaged Business
Enterprise (DBE) program in accordance with 49 CFR Part 26.
United States Department of Transportation (USDOT) - Federal agency responsible for issuing regulations (49 CFR Part 26) and official guidance for the DBE program.
WBE Participation (Anticipated) - A portion of the total contract, expressed as a percentage that is anticipated to be performed by committed WBE subcontractor(s).
Women Business Enterprise (WBE) - A firm certified as a Disadvantaged Women-Owned Business
Enterprise through the North Carolina Unified Certification Program.
Forms and Websites Referenced in this Provision
Payment Tracking System - On-line system in which the Contractor enters the payments made to
MBE and WBE subcontractors who have performed work on the project.
https://apps.dot.state.nc.us/Vendor/PaymentTracking/
DBE-IS Subcontractor Payment Information - Form for reporting the payments made to all
MBE/WBE firms working on the project. This form is for paper bid projects only.
DN12236810 G-11
https://connect.ncdot.gov/business/Turnpike/Documents/Form%20DBE-
IS%20Subcontractor%20Payment%20Information.pdf
RF-1 MBE/WBE Replacement Request Form - Form for replacing a committed MBE or WBE.
https://connect.ncdot.gov/projects/construction/Construction%20Forms/DBE%20MBE%20WBE
%20Replacement%20Form%20and%20Instructions.pdf
SAF Subcontract Approval Form - Form required for approval to sublet the contract.
https://connect.ncdot.gov/projects/construction/Construction%20Forms/SAF%20Form%20-
%20Subcontract%20Approval%20Form%20Revised%2004-19.xlsm
JC-1 Joint Check Notification Form - Form and procedures for joint check notification. The form acts as a written joint check agreement among the parties providing full and prompt disclosure of the expected use of joint checks.
http://connect.ncdot.gov/projects/construction/Construction%20Forms/Joint%20Check%20Notif ication%20Form.pdf
Letter of Intent - Form signed by the Contractor and the MBE/WBE subcontractor, manufacturer or regular dealer that affirms that a portion of said contract is going to be performed by the signed
MBE/WBE for the estimated amount (based on quantities and unit prices) listed at the time of bid.
http://connect.ncdot.gov/letting/LetCentral/Letter%20of%20Intent%20to%20Perform%20as%20 a%20Subcontractor.pdf
Listing of MBE and WBE Subcontractors Form - Form for entering MBE/WBE subcontractors on a project that will meet the Combined MBE/WBE goal. This form is for paper bids only.
http://connect.ncdot.gov/municipalities/Bid%20Proposals%20for%20LGA%20Content/09%20M
BE-WBE%20Subcontractors%20(State).docx
Subcontractor Quote Comparison Sheet - Spreadsheet for showing all subcontractor quotes in the work areas where MBEs and WBEs quoted on the project. This sheet is submitted with good faith effort packages.
http://connect.ncdot.gov/business/SmallBusiness/Documents/DBE%20Subcontractor%20Quote
%20Comparison%20Example.xls
DBE Regular Dealer/Distributor Affirmation Form – Form is used to make a preliminary counting determination for each DBE listed as a regular dealer or distributor to assess its eligibility for 60 or 40 percent credit, respectively of the cost of materials or supplies based on its demonstrated capacity and intent to perform as a regular dealer or distributor, as defined in section 49 CFR 26.55 under the contract at issue. A Contractor will submit the completed form with the Letter of Intent.
https://connect.ncdot.gov/projects/construction/Construction%20Forms/DBE%20Regular%20De aler-Distributor%20Affirmation%20Form%20-%20USDOT%202024.pdf
Combined MBE/WBE Goal
There is NO MBE/WBE Goal for this project.
DN12236810 G-12
Directory of Transportation Firms (Directory)
Real-time information is available about firms doing business with the Department and firms that are certified through NCUCP in the Directory of Transportation Firms. Only firms identified in the
Directory as MBE and WBE certified shall be used to meet the Combined MBE / WBE goal. The
Directory can be found at the following link.
https://www.ebs.nc.gov/VendorDirectory/default.html
The listing of an individual firm in the directory shall not be construed as an endorsement of the firm’s capability to perform certain work.
Listing of MBE/WBE Subcontractors
At the time of bid, bidders shall submit all MBE and WBE participation that they anticipate to use during the life of the contract. Only those identified to meet the Combined MBE/WBE goal will be considered committed, even though the listing shall include both committed MBE/WBE subcontractors and additional MBE/WBE subcontractors. Any additional
MBE/WBE subcontractor participation above the goal will follow the banking guidelines found elsewhere in this provision. All other additional MBE/WBE subcontractor participation submitted at the time of bid will be used toward the Department’s overall race-neutral goals. Only those firms with current MBE and WBE certification at the time of bid opening will be acceptable for listing in the bidder's submittal of MBE and WBE participation. The Contractor shall indicate the following required information:
(A) Electronic Bids
Bidders shall submit a listing of MBE and WBE participation in the appropriate section of the electronic submittal file.
(1) Submit the names and addresses of MBE and WBE firms identified to participate in the contract. If the bidder uses the updated listing of MBE and WBE firms shown in the electronic submittal file, the bidder may use the dropdown menu to access the name and address of the firms.
(2) Submit the contract line numbers of work to be performed by each MBE and WBE firm. When no figures or firms are entered, the bidder will be considered to have no MBE or WBE participation.
(3) The bidder shall be responsible for ensuring that the MBE and WBE are certified at the time of bid by checking the Directory of Transportation Firms. If the firm is not certified at the time of the bid-letting, that MBE’s or WBE's participation will not count towards achieving the Combined MBE/WBE goal.
DN12236810 G-13
(B) Paper Bids
(1) If the Combined MBE/ WBE goal is more than zero,
(a) Bidders, at the time the bid proposal is submitted, shall submit a listing of
MBE/WBE participation, including the names and addresses on Listing of
MBE and WBE Subcontractors contained elsewhere in the contract documents in order for the bid to be considered responsive. Bidders shall indicate the total dollar value of the MBE and WBE participation for the contract.
(b) If bidders have no MBE or WBE participation, they shall indicate this on the Listing of MBE and WBE Subcontractors by entering the word “None” or the number “0.” This form shall be completed in its entirety. Blank forms will not be deemed to represent zero participation. Bids submitted that do not have MBE and WBE participation indicated on the appropriate form will not be read publicly during the opening of bids. The
Department will not consider these bids for award and the proposal will be rejected.
(c) The bidder shall be responsible for ensuring that the MBE/WBE is certified at the time of bid by checking the Directory of Transportation Firms. If the firm is not certified at the time of the bid-letting, that MBE’s or WBE’s participation will not count towards achieving the Combined MBE/WBE goal.
(2) If the Combined MBE/WBE Goal is zero, entries on the Listing of MBE and WBE
Subcontractors are not required for the zero goal, however any MBE or WBE participation that is achieved during the project shall be reported in accordance with requirements contained elsewhere in the special provision.
MBE or WBE Prime Contractor
When a certified MBE or WBE firm bids on a contract that contains a Combined MBE/WBE Goal, the firm is responsible for meeting the goal or making good faith efforts to meet the goal, just like any other bidder. In most cases, a MBE or WBE bidder on a contract will meet the Combined
MBE/WBE goal by virtue of the work it performs on the contract with its own forces. However, all the work that is performed by the MBE or WBE bidder and any other similarly certified subcontractors will count toward the goal. The MBE or WBE bidder shall list itself along with any MBE or WBE subcontractors, if any, in order to receive credit toward the goals.
MBE/WBE prime contractors shall also follow Sections A or B listed under Listing of MBE/WBE
Subcontractors just as a non-MBE/WBE bidder would.
DN12236810 G-14
Written Documentation – Letter of Intent
The bidder shall submit written documentation for each MBE/WBE that will be used to meet the
Combined MBE/WBE goal of the contract, indicating the bidder’s commitment to use the
MBE/WBE in the contract. This documentation shall be submitted on the Department’s form titled
Letter of Intent.
The documentation shall be received in the office of the Engineer no later than 2:00 p.m. of the fifth calendar day following opening of bids, unless the fifth day falls on Saturday, Sunday or an official state holiday. In that situation, it is due in the office of the Engineer no later than 10:00 a.m. on the next official state business day.
If the bidder fails to submit the Letter of Intent from each committed MBE and WBE to be used toward the Combined MBE/WBE goal, or if the form is incomplete (i.e. both signatures are not present), the MBE/WBE participation will not count toward meeting the Combined MBE/WBE goal. If the lack of this participation drops the commitment below the Combined MBE/WBE goal, the Contractor shall submit evidence of good faith efforts for the goal not met, completed in its entirety, to the Engineer no later than 2:00 p.m. of the eighth calendar day following opening of bids, unless the eighth day falls on Saturday, Sunday or an official state holiday. In that situation, it is due in the office of the Engineer no later than 10:00 a.m. on the next official state business day.
Banking MBE/WBE Credit
If the committed MBE/WBE participation submitted exceeds the algebraic sum of the Combined
MBE/WBE goal by $1,000 or more, the excess will be placed on deposit by the Department for future use by the bidder. Separate accounts will be maintained for MBE and WBE participation and these may accumulate for a period not to exceed 24 months.
When the apparent lowest responsive bidder fails to submit sufficient participation by MBE and
WBE firms to meet the advertised goal, as part of the good faith effort, the Department will consider allowing the bidder to withdraw funds to meet the Combined MBE/WBE goal as long as there are adequate funds available from the bidder’s MBE and WBE bank accounts.
Submission of Good Faith Effort
If the bidder fails to meet or exceed the Combined MBE/WBE goal, the apparent lowest responsive bidder shall submit to the Department documentation of adequate good faith efforts made to reach that specific goal.
One complete set and 0 copies of this information shall be received in the office of the Engineer no later than 2:00 p.m. of the fifth calendar day following opening of bids, unless the fifth day falls on Saturday, Sunday or an official state holiday. In that situation, it is due in the office of the
Engineer no later than 10:00 a.m. on the next official state business day.
Note: Where the information submitted includes repetitious solicitation letters, it will be acceptable to submit a representative letter along with a distribution list of the firms that were solicited. Documentation of MBE/WBE quotations shall be a part of the good faith effort
DN12236810 G-15
submittal. This documentation may include written subcontractor quotations, telephone log notations of verbal quotations, or other types of quotation documentation.
Consideration of Good Faith Effort for Projects with a Combined MBE/WBE Goal More
Than Zero
Adequate good faith efforts mean that the bidder took all necessary and reasonable steps to achieve the goal which, by their scope, intensity, and appropriateness, could reasonably be expected to obtain sufficient MBE/WBE participation. Adequate good faith efforts also mean that the bidder actively and aggressively sought MBE/WBE participation. Mere pro forma efforts are not considered good faith efforts.
The Department will consider the quality, quantity, and intensity of the different kinds of efforts a bidder has made. Listed below are examples of the types of actions a bidder will take in making a good faith effort to meet the goals and are not intended to be exclusive or exhaustive, nor is it intended to be a mandatory checklist.
(A) Soliciting through all reasonable and available means (e.g. attendance at pre-bid meetings, advertising, written notices, use of verifiable electronic means through the use of the
NCDOT Directory of Transportation Firms) the interest of all certified MBEs/WBEs that are also prequalified subcontractors. The bidder must solicit this interest within at least
10 days prior to bid opening to allow the MBEs/WBEs to respond to the solicitation.
Solicitation shall provide the opportunity to MBEs/WBEs within the Division and surrounding Divisions where the project is located. The bidder must determine with certainty if the MBEs/WBEs are interested by taking appropriate steps to follow up initial solicitations.
(B) Selecting portions of the work to be performed by MBEs/WBEs in order to increase the likelihood that the Combined MBE/WBE goal will be achieved.
(1) Where appropriate, break out contract work items into economically feasible units to facilitate MBE/WBE participation, even when the prime contractor might otherwise prefer to perform these work items with its own forces.
(2) Negotiate with subcontractors to assume part of the responsibility to meet the advertised goal when the work to be sublet includes potential for MBE/WBE participation (2nd and 3rd tier subcontractors).
(C) Providing interested certified MBEs/WBEs that are also prequalified subcontractors with adequate information about the plans, specifications, and requirements of the contract in a timely manner to assist them in responding to a solicitation.
(D) (1) Negotiating in good faith with interested MBEs/WBEs. It is the bidder’s responsibility to make a portion of the work available to MBE/WBE subcontractors and suppliers and to select those portions of the work or material needs consistent with the available MBE/WBE subcontractors and suppliers, so as to facilitate
MBE/WBE participation. Evidence of such negotiation includes the names, addresses, and telephone numbers of MBEs/WBEs that were considered;
DN12236810 G-16
a description of the information provided regarding the plans and specifications for the work selected for subcontracting; and evidence as to why additional agreements could not be reached for MBEs/WBEs to perform the work.
(2) A bidder using good business judgment would consider a number of factors in negotiating with subcontractors, including MBE/WBE…
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