Bid Notice-SBE Flagger Services - Henderson County.pdf

STATE OF NORTH CAROLINA

DEPARTMENT OF TRANSPORTATION

HIGHWAY DIVISION 14

SMALL BUSINESS ENTERPRISE PROPOSAL

DATE AND TIME OF BID OPENING: NOVEMBER 10, 2026 AT 2:00 PM

CONTRACT ID: DN12250427

WBS ELEMENT NO.: GMR 14.HEN.1PT, GMR14.HEN.1NT, GMR14.HEN.2PT

FEDERAL AID NO.: STATE FUNDED

COUNTY: HENDERSON

TIP NO.: N/A

MILES: VARIES

ROUTE NO.: VARIOUS LOCATIONS THROUGHOUT HENDERSON COUNTY

LOCATION: VARIOUS LOCATIONS THROUGHOUT HENDERSON COUNTY

TYPE OF WORK: FLAGGER SERVICES

NOTICE:

UNDER THE PROVISIONS OF THIS PROGRAM, A N.C. GENERAL CONTRACTOR’S LICENSE IS NOT

REQUIRED AND CONTRACT PAYMENT AND CONTRACT PERFORMANCE BONDS IS NOT

REQUIRED. BIDDERS SHALL ALSO COMPLY WITH ALL OTHER APPLICABLE LAWS, INCLUDING

BUT NOT LIMITED TO, THOSE REGULATING THE PRACTICES OF ELECTRICAL, PLUMBING,

HEATING AND AIR CONDITIONING AND REFRIGERATION CONTRACTING AS CONTAINED IN

CHAPTER 87 OF THE GENERAL STATUTES OF NORTH CAROLINA.

THIS IS A ROADWAY PROJECT. BID BOND IS NOT REQUIRED.

NAME OF BIDDER

ADDRESS OF BIDDER

DN12250427 Henderson

PROPOSAL FOR THE CONSTRUCTION OF

CONTRACT No. DN12250427 IN Henderson County, 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. DN12250427 ; 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. DN12250427 in Henderson County, 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

10/20/2026

TABLE OF CONTENTS

COVER SHEET

PROPOSAL SHEET

PROJECT SPECIAL PROVISIONS

INTERESTED PARTIES LIST NOT REQUIRED: .................................................................. G-1

BOND REQUIREMENTS – No Bonds Required...................................................................... G-1

HAUL ROADS: .......................................................................................................................... G-1

CONTRACT TIME AND LIQUIDATED DAMAGES: ........................................................... G-1

MOBILIZATION FOR FLAGGER SERVICES FOR MAINTENANCE OPERATIONS: ..... G-2

RENEWAL OF CONTRACT (FIXED PRICE ADJUSTMENT): ............................................ G-2

NO MAJOR CONTRACT ITEMS: ........................................................................................... G-2

NO SPECIALTY ITEMS: .......................................................................................................... G-2

SCHEDULE OF ESTIMATED COMPLETION PROGRESS: ................................................. G-3

SMALL BUSINESS ENTERPRISE (MULTI-YEAR MAINTENANCE CONTRACTS):...... G-3

RESTRICTIONS ON ITS EQUIPMENT AND SERVICES: .................................................... G-3

USE OF UNMANNED AIRCRAFT SYSTEM (UAS): ............................................................ G-3

EQUIPMENT IDLING GUIDELINES: ..................................................................................... G-4

OUTSOURCING OUTSIDE THE USA: ................................................................................... G-4

NOTES TO CONTRACTOR: .................................................................................................... G-5

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. Small Business Enterprise bidders shall submit a SBE Application for Certification Form within the NC

Online Certification System on the Department’s website and have been approved by the Office of Economic

Opportunity & Compliance prior to bidding. The SBE shall submit this form for approval at a minimum of one week prior to bidding.

2. Download the entire proposal from the Connect NCDOT website and return the entire proposal with your bid.

3. 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. 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.

5. All entries on the itemized proposal sheet (bid form) shall be written in ink or typed.

6. 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.

7. 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.

8. 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.

9. 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.

10. 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 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.

11. The bid shall not contain any unauthorized additions, deletions, or conditional bids.

12. 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.

13. 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, November 10, 2026.

14. The sealed bid must display the following statement on the front of the sealed envelope:

QUOTATION FOR – CONTRACT ID DN12250427 – FLAGGER SERVICES AT VARIOUS

LOCATIONS THROUGHOUT HENDERSON COUNTY TO BE OPENED AT 2:00 PM ON,

November 10, 2026.

https://www.ebs.nc.gov/VendorDirectory/search.html?s=fn&a=new

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. 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 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.

15. 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

16. 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.

https://www.ebs.nc.gov/VendorDirectory/search.html?s=fn&a=new

DN12250427 G-1

Henderson

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.

BOND REQUIREMENTS – No Bonds Required (6-1-16)(Rev. 1-16-24) SPD 01-420B

The provisions of Articles 102-10 and 103-7 of the Standard Specifications are waived for this project. No bonds required.

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 AND LIQUIDATED DAMAGES:

(7-1-95) (Rev. 12-18-07) 108 SP1 G10 A

The date of availability for this contract is December 7, 2026.

The completion date for this contract is December 6, 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.

The liquidated damages for this contract are addressed in the Mobilization For Flagger Services

For Maintenance Operations provision found elsewhere in this contract.

DN12250427 G-2

MOBILIZATION FOR FLAGGER SERVICES FOR MAINTENANCE OPERATIONS:

(09-22-26) PSP 1 G11

This work consists of preparatory work and operations to mobilize personnel, materials and equipment to the project site and ready for operations as defined elsewhere in this contract.

If the specified materials, equipment, and personnel are not delivered to the designated facility or assigned route location and are not ready for operations upon arrival as defined elsewhere in this contract, liquidated damages in the amount of Fifty Dollars ($50.00) per quarter hour assessed until the equipment is delivered to the designated Department of Transportation Facility or assigned route location and is operational.

The Liquidated Damages for each flagging crew will be capped at Four Hundred Dollars $400.00 per workday.

RENEWAL OF CONTRACT (FIXED PRICE ADJUSTMENT):

(6-18-24) SPD 01-860

The Contractor shall submit a bid for one year. At the option of the Department, this contract may be extended for Two (2) additional periods of one year each (maximum (3) Three years total).

Each year shall have a limit of One Million Dollars ($1,000,000.00).

The compensation payable to the contractor shall be fixed for the first twelve months of this contract. However, upon an application of renewal of the contract, or thirty days prior to the end of each contract period, the renewal contract may be increased by Three percent (3%) for each one-year extension.

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.

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).

DN12250427 G-3

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

SMALL BUSINESS ENTERPRISE (MULTI-YEAR MAINTENANCE CONTRACTS):

(4-20-21)(Rev. 4-19-22) SP1 G72

This contract is a multi-year contract let pursuant to the Small Business Enterprise provisions of

N.C. General Statute §136-28.10. In accordance with N.C. General Statute §136-28.10, an award in a contract may be for an amount less but shall not exceed $1,000,000 per year. No payments in excess of this amount will be disbursed, in accordance with the Statute.

RESTRICTIONS ON ITS EQUIPMENT AND SERVICES:

(11-17-20) SP01 G090

All telecommunications, video or other ITS equipment or services installed or utilized on this project must be in conformance with UNIFORM ADMINISTRATIVE REQUIREMENTS, COST

PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS 2 CFR, § 200.216

Prohibition on certain telecommunications and video surveillance services or equipment.

USE OF UNMANNED AIRCRAFT SYSTEM (UAS):

(8-20-19)(Rev. 3-17-26) SP1 G092

The Contractor shall adhere to all Federal, State and Local regulations and guidelines for the use of Unmanned Aircraft Systems (UAS). This includes but is not limited to US 14 CFR Part 107, NC GS 15A-300, American Security Drone Act of 2023 (ASDA), Office of Management and

Budget (OMB) Memorandum M-26-02, all FAA rules, regulations and policies and all NCDOT

UAS Policies. The required operator certifications include possessing a current Federal Aviation

Administration (FAA) Remote Pilot Certificate, as well as operating a UAS registered with the

FAA.

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

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

Fiscal Year Progress (% of Dollar Value)

2027 (7/01/26 - 6/30/27) 57% of Total Amount Bid

2028 (7/01/27 - 6/30/28) 43% of Total Amount Bid

DN12250427 G-4

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

EQUIPMENT IDLING GUIDELINES:

(1-19-21) 107 SP1 G096

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

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

1. Idling when queuing.

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

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

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

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

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

7. Idling to ensure safe operation of the vehicle.

8. Idling when the propulsion engine is providing auxiliary power for other than heating or air conditioning. (such as hydraulic systems for pavers)

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

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

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

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

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

OUTSOURCING OUTSIDE THE USA:

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

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

America.

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

The North Carolina Secretary of Transportation shall approve exceptions to this provision in writing.

DN12250427 G-5

NOTES TO CONTRACTOR:

(8-19-25) SP1 G999B

The lane closure scope of this contract is limited to two-lane, two-way and shoulder closures;

multi-lane closures are not a part of this scope.

DN12250427 R-1

ROADWAY

WORK ZONE INSTALLER:

(7-20-21)(Rev. 4-21-26) 1101 SP11 R04

Page 11-4, Article 1101-14 WORK ZONE INSTALLER, lines 25-26, delete the first sentence of the first paragraph and replace with the following:

When temporary traffic control consists of more than flagging operations, the Contractor shall provide the service of at least one qualified work zone installer during the setup, installation, and removal of temporary traffic control within the highway right of way.

DN12250427 SSP-1

STANDARD SPECIAL PROVISION

AVAILABILITY OF FUNDS – TERMINATION OF CONTRACTS

(5-20-08)(Rev. 1-16-24) Z-2

General Statute 143C-6-11. (h) Highway Appropriation is hereby incorporated verbatim in this contract as follows:

(h) Amounts Encumbered. – Transportation project appropriations may be encumbered in the amount of allotments made to the Department of Transportation by the Director for the estimated payments for transportation project contract work to be performed in the appropriation fiscal year.

The allotments shall be multiyear allotments and shall be based on estimated revenues and shall be subject to the maximum contract authority contained in General Statute 143C-6-11(c).

Payment for transportation project work performed pursuant to contract in any fiscal year other than the current fiscal year is subject to appropriations by the General Assembly. Transportation project contracts shall contain a schedule of estimated completion progress, and any acceleration of this progress shall be subject to the approval of the Department of Transportation provided funds are available. The State reserves the right to terminate or suspend any transportation project contract, and any transportation project contract shall be so terminated or suspended if funds will not be available for payment of the work to be performed during that fiscal year pursuant to the contract. In the event of termination of any contract, the contractor shall be given a written notice of termination at least 60 days before completion of scheduled work for which funds are available.

In the event of termination, the contractor shall be paid for the work already performed in accordance with the contract specifications.

Payment will be made on any contract terminated pursuant to the special provision in accordance with Subarticle 108-13(D) of the Standard Specifications.

DN12250427 SSP-2

ERRATA

(1-16-24)(Rev. 6-16-26) Z-4

Revise the 2024 Standard Specifications as follows:

Division 1

Page 1-1, Article 101-2 ABBREVIATIONS, line 25, replace "American Wood-Preservers’

Association” with “American Wood Protection Association”.

Page 1-18, Article 102-10 BID BOND OR BID DEPOSIT, line 26, replace " Subarticle 102-

8(A)(8)(b)” with “Subarticle 102-8(A)(12)(b)”.

Page 1-20, Subarticle 102-14(A) State Funded Projects, line 3, replace "$30,000” with

“$40,000”.

Page 1-20, Subarticle 102-14(B) Federal Aid Projects, line 7, replace "$30,000” with

“$40,000”.

Page 1-36, Subarticle 104-12(B) Evaluation of Proposals, line 21, replace "Design-Build

Unit” with “Alternative Delivery Unit”.

Page 1-36, Subarticle 104-12(D) Preliminary Review, line 37, replace "Design-Build Unit” with “Alternative Delivery Unit”.

Page 1-37, Subarticle 104-12(E) Final Proposal, line 3, replace "Design-Build Unit” with

“Alternative Delivery Unit”.

Page 1-37, Subarticle 104-12(F) Design-Build VEPs, line 36, replace "Design-Build Unit” with “Alternative Delivery Unit”.

Page 1-38, Subarticle 104-12(G) Modifications, line 1, replace "Design-Build Unit” with

“Alternative Delivery Unit”.

Division 3

Page 3-5, Article 305-2 MATERIALS, after line 16, replace " 1032-3(A)(7)” with “1032-3” and add the item “Galvanized Corrugated Steel Pipe” with Section “1032-3”.

Page 3-6, Article 310-2 MATERIALS, after line 9, add the item “Galvanized Corrugated Steel

Pipe” with Section “1032-3”.

Division 6

Page 6-15, Article 610-1 DESCRIPTION, line 20, replace “The work includes” with “The work includes, but is not limited to,”.

DN12250427 SSP-3

Page 6-15, Article 610-1 DESCRIPTION, line 22, replace “applying the tack coat as specified.” with “applying the tack coat in accordance with Section 605.”.

Page 6-30, Article 610-14 DENSITY ACCEPTANCE, line 39, replace “QC process.” with

“QC process in accordance with Section 609.”.

Page 6-31, Article 610-16 MEASUREMENT AND PAYMENT, line 13, replace "Hot Mix

Asphalt Pavement” with “Asphalt Concrete ___________ Course, Type ______”.

Page 6-50, Subarticle 661-4(A) Equipment, lines 4-7, replace the first two sentences of the seventh paragraph with the following:

When an erected fixed stringline is utilized for longitudinal profile and cross slope control furnish and erect the necessary guide line for the equipment.

Division 7

Page 7-18, Subarticle 710-10(A) General, lines 7-8, delete “for Surface Testing Concrete

Pavement” from the last paragraph.

Division 8

Page 8-27, Article 846-1 DESCRIPTION, line 8, delete “4 inch” from the first paragraph.

Division 9

Page 9-17, Article 904-4 MEASUREMENT AND PAYMENT, prior to line 1, replace " Sign

Erection, Relocate Type (Ground Mounted)” with “Sign Erection, Relocate Type ___ (Ground

Mounted)”.

Division 10

Page 10-51, Article 1024-4 WATER, prior to line 1, delete the “unpopulated blank row” in

Table 1024-2 between “Time of set, deviation from control” and “Chloride Ion Content, Max.”.

Page 10-170, Subarticle 1081-1(C) Requirements, line 4, replace "maximum” with

“minimum”.

Division 11

Page 11-15, Article 1160-4 MEASUREMENT AND PAYMENT, line 24, replace “Where barrier units are moved more than one” with “Where barrier units are moved more than once”.

Division 15

Page 15-10, Article 1515-4 MEASUREMENT AND PAYMENT, lines 11, replace " All piping” with “All labor, the manhole, other materials, excavation, backfilling, piping”.

DN12250427 SSP-4

Division 16

Page 16-14, Article 1633-5 MEASUREMENT AND PAYMENT, line 20-24 and prior to line

25, delete and replace with the following " Flocculant will be measured and paid in accordance with Article 1642-5 applied to the temporary rock silt checks.”

Page 16-3, Article 1609-2 MATERIALS, after line 26, replace "Type 4” with “Type 4a”.

Page 16-25, Article 1644-2 MATERIALS, after line 22, replace "Type 4” with “Type 4a”.

Page 16-27, Article 1644-5 MEASUREMENT AND PAYMENT, line 31, replace "Article

1630-4” with “Article 1630-3”.

Division 17

Page 17-15, Article 1715-4 MEASUREMENT AND PAYMENT, line 23, delete and replace

“1.25” with “1-1/4”.

Page 17-15, Article 1715-4 MEASUREMENT AND PAYMENT, line 24, delete and replace

“)(1.25” with “, 1-1/4”.

DN12250427 SSP-5

PLANT AND PEST QUARANTINES

(Imported Fire Ant, Guava Root Knot Nematode, Spongy Moth (formerly known as gypsy moth), Witchweed, Cogon Grass, And Any Other Regulated Noxious Weed or Plant Pest) (3-18-03)(Rev. 3-18-25) Z-04a

Within Quarantined Area

This project may be within a county regulated for plant and/or pests. If the project or any part of the Contractor's operations is located within a quarantined area, thoroughly clean all equipment prior to moving out of the quarantined area. Comply with federal/state regulations by obtaining a certificate or limited permit for any regulated article moving from the quarantined area.

Originating in a Quarantined County

Obtain a certificate or limited permit issued by the N.C. Department of Agriculture/United States

Department of Agriculture. Have the certificate or limited permit accompany the article when it arrives at the project site.

Contact

Contact the N.C. Department of Agriculture/United States Department of Agriculture at 1-800-206-9333, 919-707-3730, or https://www.ncagr.gov/divisions/plant-industry/plant-protection/plant-industry-plant-pest-quarantines to determine those specific project sites located in the quarantined area or for any regulated article used on this project originating in a quarantined county.

Regulated Articles Include

1. Soil, sand, gravel, compost, peat, humus, muck, and decomposed manure, separately or with other articles. This includes movement of articles listed above that may be associated with cut/waste, ditch pulling, and shoulder cutting.

2. Plants with roots including grass sod.

3. Plant crowns and roots.

4. Bulbs, corms, rhizomes, and tubers of ornamental plants.

5. Hay, straw, fodder, and plant litter of any kind.

6. Clearing and grubbing debris.

7. Used agricultural cultivating and harvesting equipment.

8. Used earth-moving equipment.

9. Any other products, articles, or means of conveyance of any character, if determined by an inspector present a hazard of spreading imported fire ant, guava root knot nematode, spongy moth (formerly known as gypsy moth), witchweed, cogon grass, or other regulated noxious weed or plant pest.

https://www.ncagr.gov/divisions/plant-industry/plant-protection/plant-industry-plant-pest-quarantines https://www.ncagr.gov/divisions/plant-industry/plant-protection/plant-industry-plant-pest-quarantines

DN12250427 SSP-6

MINIMUM WAGES

(7-21-09) Z-5

FEDERAL: The Fair Labor Standards Act provides that with certain exceptions every employer shall pay wages at the rate of not less than SEVEN DOLLARS AND TWENTY

FIVE CENTS ($7.25) per hour.

STATE: The North Carolina Minimum Wage Act provides that every employer shall pay to each of his employees, wages at a rate of not less than SEVEN DOLLARS AND

TWENTY FIVE CENTS ($7.25) per hour.

The minimum wage paid to all skilled labor employed on this contract shall be

SEVEN DOLLARS AND TWENTY FIVE CENTS ($7.25) per hour.

The minimum wage paid to all intermediate labor employed on this contract shall be SEVEN DOLLARS AND TWENTY FIVE CENTS ($7.25) per hour.

The minimum wage paid to all unskilled labor on this contract shall be SEVEN

DOLLARS AND TWENTY FIVE CENTS ($7.25) per hour.

This determination of the intent of the application of this act to the contract on this project is the responsibility of the Contractor.

The Contractor shall have no claim against the Department of Transportation for any changes in the minimum wage laws, Federal or State. It is the responsibility of the Contractor to keep fully informed of all Federal and State Laws affecting his contract.

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TITLE VI AND NONDISCRIMINATION:

(6-28-77)(Rev 1/16/2024) Z-6

The North Carolina Department of Transportation is committed to carrying out the U.S.

Department of Transportation’s policy of ensuring nondiscrimination in the award and administration of contracts.

The provisions of this section related to United States Department of Transportation (US DOT)

Order 1050.2A, Title 49 Code of Federal Regulations (CFR) part 21, 23 United States Code

(U.S.C.) 140 and 23 CFR part 200 (or 49 CFR 303, 49 U.S.C. 5332 or 49 U.S.C. 47123) are applicable to all North Carolina Department of Transportation (NCDOT) contracts and to all related subcontracts, material supply, engineering, architectural and other service contracts, regardless of dollar amount. Any Federal provision that is specifically required not specifically set forth is hereby incorporated by reference.

(1) Title VI Assurances (USDOT Order 1050.2A, Appendix A)

During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows:

(a) Compliance with Regulations

The contractor (hereinafter includes consultants) shall comply with the Acts and the

Regulations relative to Nondiscrimination in Federally-assisted programs of the U.S.

Department of Transportation, Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.

(b) Nondiscrimination

The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in

Appendix B of 49 CFR Part 21.

(c) Solicitations for Subcontractors, Including Procurements of Materials and Equipment

In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Acts and the

Regulations relative to Nondiscrimination on the grounds of race, color, or national origin.

(d) Information and Reports

The contractor shall provide all information and reports required by the Acts, the

Regulations, and directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined

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by the Recipient or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor shall so certify to the Recipient or the FHWA, as appropriate, and shall set forth what efforts it has made to obtain the information.

(e) Sanctions for Noncompliance:

In the event of a contractor's noncompliance with the Non-discrimination provisions of this contract, the Recipient will impose such contract sanctions as it and/or the FHWA may determine to be appropriate, including, but not limited to:

(i) Withholding payments to the contractor under the contract until the contractor complies; and/or

(ii) Cancelling, terminating, or suspending a contract, in whole or in part.

(f) Incorporation of Provisions

The contractor shall include the provisions of paragraphs (a) through (f) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor shall take action with respect to any subcontract or procurement as the

Recipient or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States.

(2) Title VI Nondiscrimination Program (23 CFR 200.5(p))

The North Carolina Department of Transportation (NCDOT) has assured the USDOT that, as a condition to receiving federal financial assistance, NCDOT will comply with Title VI of the Civil Rights Act of 1964 and all requirements imposed by Title 49 CFR part 21 and related nondiscrimination authorities to ensure that no person shall, on the ground of race, color, national origin, limited English proficiency, sex, age, or disability (including religion/creed or income-level, where applicable), be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any programs, activities, or services conducted or funded by NCDOT. Contractors and other organizations under contract or agreement with NCDOT must also comply with Title VI and related authorities, therefore:

(a) During the performance of this contract or agreement, contractors (e.g., subcontractors, consultants, vendors, prime contractors) are responsible for complying with NCDOT’s

Title VI Program. Contractors are not required to prepare or submit Title VI Programs.

To comply with this section, the prime contractor shall:

1. Post NCDOT’s Notice of Nondiscrimination and the Contractor’s own Equal

Employment Opportunity (EEO) Policy in conspicuous locations accessible to all employees, applicants and subcontractors on the jobsite.

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2. Physically incorporate the required Title VI clauses into all subcontracts on federally-assisted and state-funded NCDOT projects, and ensure inclusion by subcontractors into all lower-tier subcontracts.

3. Required Solicitation Language. The Contractor shall include the following notification in all solicitations for bids and requests for work or material, regardless of funding source:

“The North Carolina Department of Transportation, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§

2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. In accordance with other related nondiscrimination authorities, bidders and contractors will also not be discriminated against on the grounds of sex, age, disability, low-income level, creed/religion, or limited English proficiency in consideration for an award.”

4. Physically incorporate the FHWA-1273, in its entirety, into all subcontracts and subsequent lower tier subcontracts on Federal-aid highway construction contracts only.

5. Provide language assistance services (i.e., written translation and oral interpretation), free of charge, to LEP employees and applicants. Contact NCDOT

OCR for further assistance, if needed.

6. For assistance with these Title VI requirements, contact the NCDOT Title VI

Nondiscrimination Program at 1-800-522-0453.

(b) Subrecipients (e.g. cities, counties, LGAs, planning organizations) may be required to prepare and submit a Title VI Plan to NCDOT, including Title VI Assurances and/or agreements. Subrecipients must also ensure compliance by their contractors and subrecipients with Title VI. (23 CFR 200.9(b)(7))

(c) If reviewed or investigated by NCDOT, the contractor or subrecipient agrees to take affirmative action to correct any deficiencies found within a reasonable time period, not to exceed 90 calendar days, unless additional time is granted by NCDOT. (23 CFR

200.9(b)(15))

(d) The Contractor is responsible for notifying subcontractors of NCDOT’s External

Discrimination Complaints Process.

1. Applicability

Title VI and related laws protect participants and beneficiaries (e.g., members of the public and contractors) from discrimination by NCDOT employees, subrecipients and contractors, regardless of funding source.

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2. Eligibility

Any person—or class of persons—who believes he/she has been subjected to discrimination based on race, color, national origin, Limited English Proficiency

(LEP), sex, age, or disability (and religion in the context of employment, aviation, or transit) may file a written complaint. The law also prohibits intimidation or retaliation of any sort.

3. Time Limits and Filing Options

Complaints may be filed by the affected individual(s) or a representative and must be filed no later than 180 calendar days after the following:

(i) The date of the alleged act of discrimination; or

(ii) The date when the person(s) became aware of the alleged discrimination; or

(iii) Where there has been a continuing course of conduct, the date on which that conduct was discontinued or the latest instance of the conduct.

Title VI and related discrimination complaints may be submitted to the following entities:

➢ North Carolina Department of Transportation, Office of Civil Rights, Title VI

Program, 1511 Mail Service Center, Raleigh, NC 27699-1511; toll free 1-800-

522-0453

➢ Federal Highway Administration, North Carolina Division Office, 310 New

Bern Avenue, Suite 410, Raleigh, NC 27601, 919-747-7010

➢ US Department of Transportation, Departmental Office of Civil Rights, External Civil Rights Programs Division, 1200 New Jersey Avenue, SE, Washington, DC 20590; 202-366-4070

4. Format for Complaints

Complaints must be in writing and signed by the complainant(s) or a representative, and include the complainant’s name, address, and telephone number. Complaints received by fax or e-mail will be acknowledged and processed. Allegations received by telephone will be reduced to writing and provided to the complainant for confirmation or revision before processing. Complaints will be accepted in other languages, including Braille.

5. Discrimination Complaint Form

Contact NCDOT Civil Rights to receive a full copy of the Discrimination

Complaint Form and procedures.

6. Complaint Basis

Allegations must be based on issues involving race, color, national origin (LEP), sex, age, disability, or religion (in the context of employment, aviation or transit).

“Basis” refers to the complainant’s membership in a protected group category.

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TABLE 103-1

COMPLAINT BASIS

Protected Categories Definition Examples Applicable Nondiscrimination

Authorities

Race and Ethnicity An individual belonging to one of the accepted racial groups; or the perception, based usually on physical characteristics that a person is a member of a racial group

Black/African

American, Hispanic/Latino, Asian, American

Indian/Alaska Native, Native

Hawaiian/Pacific

Islander, White

Title VI of the Civil Rights Act of 1964;

49 CFR Part 21;

23 CFR 200;

49 U.S.C. 5332(b);

49 U.S.C. 47123.

(Executive Order 13166)

Color Color of skin, including shade of skin within a racial group

Black, White, brown, yellow, etc.

National Origin (Limited English

Proficiency)

Place of birth. Citizenship is not a factor. (Discrimination based on language or a person’s accent is also covered)

Mexican, Cuban, Japanese, Vietnamese, Chinese

Sex Gender. The sex of an individual.

Note: Sex under this program does not include sexual orientation.

Women and Men 1973 Federal-Aid Highway Act;

49 U.S.C. 5332(b);

49 U.S.C. 47123.

Age Persons of any age 21-year-old person Age Discrimination Act of 1975

49 U.S.C. 5332(b);

49 U.S.C. 47123.

Disability Physical or mental impairment, permanent or temporary, or perceived.

Blind, alcoholic, para-amputee, epileptic, diabetic, arthritic

Section 504 of the Rehabilitation Act of

1973;

Americans with Disabilities Act of 1990

Religion (in the context of employment)

(Religion/ Creed in all aspects of any aviation or transit-related construction)

An individual belonging to a religious group; or the perception, based on distinguishable characteristics that a person is a member of a religious group. In practice, actions taken as a result of the moral and ethical beliefs as to what is right and wrong, which are sincerely held with the strength of traditional religious views. Note: Does not have to be associated with a recognized religious group or church; if an individual sincerely holds to the belief, it is a protected religious practice.

Muslim, Christian, Sikh, Hindu, etc.

Title VII of the Civil Rights Act of 1964;

23 CFR 230;

FHWA-1273 Required Contract Provisions.

(49 U.S.C. 5332(b);

49 U.S.C. 47123)

(3) Pertinent Nondiscrimination Authorities

During the performance of this contract, the contractor, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities, including, but not limited to:

(a) Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part

21.

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(b) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of

1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);

(c) Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex);

(d) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR Part 27;

(e) The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age);

(f) Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);

(g) The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age

Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);

(h) Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42

U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38;

(i) The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123)

(prohibits discrimination on the basis of race, color, national origin, and sex);

(j) Executive Order 12898, Federal Actions to Address Environmental Justice in Minority

Populations and Low-Income Populations, which ensures Nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;

(k) Executive Order 13166, Improving Access to Services for Persons with Limited

English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);

(l) Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).

(m) Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et seq., Pub. L. 88-352), (prohibits employment discrimination on the basis of race, color, religion, sex, or national origin).

(4) Additional Title VI Assurances

**The following Title VI Assurances (Appendices B, C and D) shall apply, as applicable

(a) Clauses for Deeds Transferring United States Property (1050.2A, Appendix B)

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The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the

United States pursuant to the provisions of Assurance 4.

NOW, THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the North Carolina Department of Transportation (NCDOT) will accept title to the lands and maintain the project constructed thereon in accordance with the North Carolina General Assembly, the Regulations for the Administration of the Federal-Aid Highway Program, and the policies and procedures prescribed by the

Federal Highway Administration of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of

Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the

Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the U.S

Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C.