Bid Notice-On-Call Snow-Plowable Markers Along Various Locations Across Division 14 - Henderson County.pdf

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: DN12236808

WBS ELEMENT NO.: GMR14.CHE.1PT, GMR14.CHE.2PT, ETC.

FEDERAL AID NO.: TO BE DETERMINED

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

DN12236808 Division-Wide

PROPOSAL FOR THE CONSTRUCTION OF

CONTRACT No. DN12236808 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. DN12236808; 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. DN12236808 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

BUILD AMERICA, BUY AMERICA (BABA): ....................................................................... G-1

CONTRACT TIME FOR ID/IQ: ................................................................................................ G-5

WORK ORDER ASSIGNMENT (SINGLE AWARDS) FOR ID/IQ: ...................................... G-6

BONDING REQUIREMENTS FOR ID/IQ: .............................................................................. G-6

MOBILIZATION AND LIQUIDATED DAMAGES FOR ID/IQ: ........................................... G-7

RENEWAL OF CONTRACT (CPI PRICE ADJUSTMENT) FOR ID/IQ: .............................. G-8

DISPUTE RESOLUTION PROCESS FOR ID/IQ: ................................................................... G-8

INTERMEDIATE CONTRACT TIME NUMBER 1 AND LIQUIDATED DAMAGES: ....... G-9

INTERMEDIATE CONTRACT TIME NUMBER 2 AND LIQUIDATED DAMAGES: ..... G-11

NO MAJOR CONTRACT ITEMS: ......................................................................................... G-13

NO SPECIALTY ITEMS: ........................................................................................................ G-13

SCHEDULE OF ESTIMATED COMPLETION PROGRESS: ............................................... G-14

DISADVANTAGED BUSINESS ENTERPRISE (DIVISIONS): ........................................... G-14

MULTI-YEAR MAINTENANCE CONTRACTS (ID/IQ): .................................................... G-28

CERTIFICATION FOR FEDERAL-AID CONTRACTS: ...................................................... G-28

RESTRICTIONS ON ITS EQUIPMENT AND SERVICES: .................................................. G-29

USE OF UNMANNED AIRCRAFT SYSTEM (UAS): .......................................................... G-29

EQUIPMENT IDLING GUIDELINES: ................................................................................... G-29

U.S. DEPARTMENT OF TRANSPORTATION HOTLINE: ................................................. G-30

ROADWAY .................................................................................................................................R-1

STANDARD SPECIAL PROVISIONS

AVAILABILITY OF FUNDS – TERMINATION OF CONTRACTS ..................................SSP-1

ERRATA..................................................................................................................................SSP-2

PLANT AND PEST QUARANTINES ...................................................................................SSP-5

TITLE VI AND NONDISCRIMINATION: ...........................................................................SSP-6

MINORITY AND FEMALE EMPLOYMENT REQUIREMENTS ....................................SSP-15

CONTRACT PROVISIONS FOR FEDERAL-AID CONSTRUCTION CONTRACTS ....SSP-18

ON-THE-JOB TRAINING ....................................................................................................SSP-30

MINIMUM WAGES .............................................................................................................SSP-33

MINIMUM WAGES .............................................................................................................SSP-38

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 DN12236808 – 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.

DN12236808 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.

BUILD AMERICA, BUY AMERICA (BABA):

(10-21-26) 106 SP1 G05 C

Page 1-47 and 1-48, Article 106-1 GENERAL REQUIREMENTS, lines 30-47 and 1-49, delete and replace Article 106-1 with the following:

106-1 MATERIALS AND MANUFACTURING

(A) General Requirements

The Contractor shall furnish materials that conform to all contract requirements, are suitable for their intended use, and are free from defects. All materials used in the work shall meet the requirements of the contract and shall be subject to inspection, test, or rejection by the

Engineer. All materials permanently incorporated into the completed work shall be new, unless otherwise specified in the contract or as approved by the Engineer.

The Contractor is responsible for selecting, procuring, and delivering materials of the types and quantities necessary to perform the work and meet contract requirements. Delays in

DN12236808 G-2

material delivery or quality control do not relieve the Contractor of obligations for schedule or quality.

All materials incorporated into the work shall be approved before use. Approval is based on testing, certification, or both, as required by the contract. Department review or acceptance does not relieve the Contractor of responsibility for material compliance. The Department may inspect, sample, and test materials at any time before, during, or after installation.

Materials shall be handled, stored, and protected to prevent damage, contamination, or deterioration. Materials determined to be defective, damaged, contaminated, or otherwise not in compliance shall be rejected and promptly removed from the project.

To facilitate inspection and testing, the Contractor shall furnish a complete statement of origin for all materials, including certifications or samples when requested. This information shall be submitted to the Materials and Tests Unit when required by the contract or as directed by the Engineer, in advance of fabrication, shipment, or use to allow for appropriate inspection.

The Contractor shall furnish Safety Data Sheets (SDS) for all paints and hazardous chemicals proposed for use on the project, in accordance with the North Carolina Hazard

Communication Standard, 29 CFR 1910.1200 and NCGS § 95-174.

The Contractor shall provide access, equipment, means and assistance for the verification and calibration of any devices used in testing, measurement, or documentation of materials.

If the Contractor proposes to use materials from local deposits not identified in the contract, the Contractor shall be responsible for preliminary sampling, source approval, and production of acceptable material. Preliminary samples shall be furnished at no cost to the

Department. If requested in writing, the Department may perform sampling, with costs to be charged to the Contractor as determined by the Engineer.

Sampling or testing by the Department does not constitute pre-approval or acceptance of material. The Contractor remains responsible for ensuring quality and uniformity of all materials produced or delivered, including those from local deposits. The Contractor shall indemnify and hold harmless the Department from any claims, costs, or damages related to the development or use of such sources, including, but not limited to, failure to meet quantity or quality requirements.

Materials covered by Subarticles 106-1(B) and 106-1(C) shall comply with applicable domestic content requirements, including those for iron and steel, construction materials, and manufactured products.

(B) Domestic Material Requirements

Domestic material requirements apply to iron and steel products permanently incorporated into any project in accordance with 23 U.S.C. § 313, 23 CFR 635.410, and NCGS § 136-

28.7. Construction materials and manufactured products permanently incorporated into the work are subject to domestic-content requirements only on Federal-aid projects, in

DN12236808 G-3

accordance with 23 U.S.C. § 313, Build America Buy America Act (IIJA § 70914), 2 CFR

184, and as implemented for the Federal-aid highway program through 23 CFR Part 635.410.

All iron or steel products, construction materials, and manufactured products subject to domestic content requirements shall be of domestic origin and meet the applicable requirements of the contract based on the project’s funding source.

Before any materials are delivered to the project, the Contractor shall submit a notarized letter acknowledging their understanding of the domestic material requirements for the specific contract. This acknowledgment is a contract-level affirmation that the Contractor is responsible for ensuring that no iron or steel product, construction material, or manufactured product subject to domestic content requirements is permanently incorporated into the work without the required certification. This acknowledgment does not substitute for product-level certifications from the manufacturer or supplier. The Department reserves the right to deny or recover payment for any material incorporated into the work without valid documentation.

For iron and steel, all manufacturing processes must occur in the United States.

For construction materials, all manufacturing processes must occur in the United States.

For manufactured products, final assembly must occur in the United States, and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States must be greater than 55 percent of the total cost of all components of the manufactured product.

Before any iron or steel product, construction material, or manufactured product subject to domestic content requirements is eligible for payment, the Contractor shall submit a certification from the manufacturer or supplier confirming compliance with the applicable regulations. A separate certification is required for each shipment or delivery and must clearly identify the items covered, linked to the associated bill of lading, invoice, or packing list.

The Contractor shall ensure that all required certifications from the manufacturer or supplier are obtained and submitted to the Engineer prior to payment for any iron or steel product, construction material, or manufactured product subject to domestic content requirements.

The Engineer will retain documentation in accordance with Department procedures.

Compliance with domestic material requirements is the responsibility of the Contractor, based on certifications and documentation provided by the manufacturer or supplier.

(C) Material Category Requirements

(1) Iron and Steel Products

Items are considered iron or steel products if they consist wholly or predominantly of iron or steel. Predominantly means the cost of iron or steel components exceeds 50% of the total cost of all product components.

All steel and iron products that are permanently incorporated into the work shall be produced in the United States. This includes any such item that is melted, cast, rolled, formed, shaped, drawn, extruded, forged, fabricated, finished or otherwise processed in

DN12236808 G-4

the manufacture of the product. Coatings applied to iron and steel products shall also be applied in the United States.

A minimal amount of foreign iron or steel products may be permitted provided the total value of such foreign material, as delivered to the project, does not exceed 0.1% of the total contract cost or $2,500, whichever is greater. Documentation establishing the value of the foreign material shall be submitted when requested. This allowance is intended only for incidental quantities that may arise despite good-faith compliance efforts and may not be used to intentionally procure foreign iron or steel.

Domestically produced high-strength fasteners are required, and foreign-produced high-strength fasteners are not permitted under any circumstance.

Raw materials such as pig iron, processed pelletized iron ore, and reduced iron ore may be sourced internationally; however, all manufacturing processes to produce the final product, including coatings, must occur within the United States.

(2) Construction Materials

Construction materials shall consist of a single, listed material type permanently incorporated into the work as defined in 2 CFR 184.3. The following are classified as construction materials:

(a) Non-ferrous metals (such as aluminum, copper, and zinc);

(b) Plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables);

(c) Glass (including optical glass);

(d) Fiber optic cable (including drop cable);

(e) Optical fiber;

(f) Lumber;

(g) Engineered wood;

(h) Drywall

For construction materials, all manufacturing processes must occur in the United States.

If a construction material is combined with other materials, components, or features to form a product with new properties or functions, it shall be classified as a manufactured product.

Minor additions such as binding agents, dyes, or adhesives that do not materially alter the item’s properties do not affect classification.

(3) Manufactured Products

Manufactured products are articles, materials, or supplies that are made by combining one or more materials to create a product with new or different properties, functions, or uses. This includes items that incorporate multiple components, materials, or assemblies and cannot be classified as a single listed construction material.

Final assembly of all manufactured products must occur in the United States, and the cost of the components of the manufactured product that are mined, produced, or manufactured in

DN12236808 G-5

the United States must be greater than 55 percent of the total cost of all components of the manufactured product. Certification must address the product as a whole, including all incorporated components.

Items that meet the definition of construction materials or iron and steel products shall not be reclassified as manufactured products.

(4) Materials Not Subject to Domestic Content Requirements

The following materials are not subject to domestic content requirements and do not require certification, as identified below:

(a) Materials Excluded by Federal Statute or Regulation

The following materials are excluded from domestic content requirements under applicable Federal law or regulation:

(i) Cement and cementitious materials

(ii) Aggregates such as stone, sand, or gravel

(iii) Aggregate binding agents or additives

(b) Materials Not Permanently Incorporated into the Work

Materials that are not permanently incorporated into the completed project are not subject to domestic content requirements. Materials are not permanently incorporated when they are used solely to facilitate construction activities and do not perform an ongoing structural, operational, or functional role after construction is complete.

Determinations regarding whether a material is permanently incorporated will be made by the Engineer.

(D) Classification and Clarification of Materials

All items subject to domestic content requirements shall be classified as either an iron or steel product, construction material, manufactured product, or a material not subject to domestic content requirements based on their final form as delivered to the project site. Each item may be classified into only one category and shall not be reclassified to avoid more stringent requirements. Classification of a manufactured product does not relieve the

Contractor of compliance with iron and steel domestic manufacturing requirements applicable to embedded iron or steel components when required by Federal law or regulation.

When an item’s classification is uncertain or does not clearly fall within the listed categories, the Contractor shall submit the item for review by the Engineer. Approval must be obtained prior to procurement or incorporation into 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.

DN12236808 G-6

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.

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

DN12236808 G-7

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) 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

DN12236808 G-8

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-

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.

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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

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.

DN12236808 G-10

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.

DN12236808 G-11

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.

DN12236808 G-13

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).

DN12236808 G-14

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

DISADVANTAGED BUSINESS ENTERPRISE (DIVISIONS):

(10-16-07)(Rev. 10-21-25) 102-15(J) SP1 G62

Description

The purpose of this Special Provision is to carry out the U.S. Department of Transportation’s policy of ensuring nondiscrimination in the award and administration of contracts financed in whole or in part with Federal funds. This provision is guided by 49 CFR Part 26.

Definitions

Additional DBE Subcontractors - Any DBE submitted at the time of bid that will not be used to meet the DBE goal. No submittal of a Letter of Intent is required.

Committed DBE Subcontractor - Any DBE submitted at the time of bid that is being used to meet the DBE goal by submission of a Letter of Intent. Or any DBE used as a replacement for a previously committed DBE firm.

Contract Goal Requirement - The approved DBE participation at time of award, but not greater than the advertised contract goal.

DBE Goal - A portion of the total contract, expressed as a percentage, that is to be performed by committed DBE subcontractor(s).

Disadvantaged Business Enterprise (DBE) - A firm certified as a Disadvantaged Business

Enterprise through the North Carolina Unified Certification Program.

Goal Confirmation Letter - Written documentation from the Department to the bidder confirming the Contractor's approved, committed DBE participation along with a listing of the committed

DBE firms.

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

DN12236808 G-15

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.

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) DBE firm.

North Carolina Unified Certification Program (NCUCP) - A program that provides comprehensive services and information to applicants for DBE certification, such that an applicant is required to apply only once for a DBE certification that will be honored by all recipients of

USDOT funds in the state and not limited to the Department of Transportation only. The

Certification Program is 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.

Forms and Websites Referenced in this Provision

DBE Payment Tracking System - On-line system in which the Contractor enters the payments made to DBE 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

DBE firms working on the project. This form is for paper bid projects only.

https://connect.ncdot.gov/business/Turnpike/Documents/Form%20DBE-

IS%20Subcontractor%20Payment%20Information.pdf

RF-1 DBE Replacement Request Form - Form for replacing a committed DBE.

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.

DN12236808 G-16

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.

https://connect.ncdot.gov/projects/construction/Construction%20Forms/Joint%20Check%20Noti fication%20Form.pdf

Letter of Intent - Form signed by the Contractor and the DBE subcontractor, manufacturer or regular dealer that affirms that a portion of said contract is going to be performed by the signed

DBE 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 DBE Subcontractors Form - Form for entering DBE subcontractors on a project that will meet this DBE goal. This form is for paper bids only.

http://connect.ncdot.gov/municipalities/Bid%20Proposals%20for%20LGA%20Content/08%20D

BE%20Subcontractors%20(Federal).docx

Subcontractor Quote Comparison Sheet - Spreadsheet for showing all subcontractor quotes in the work areas where DBEs 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…