Bid Notice-Snow _ Ice Removal Upon Request - McDowell _ Mitchell Counties.pdf

STATE OF NORTH CAROLINA

DEPARTMENT OF TRANSPORTATION

HIGHWAY DIVISION 13

PROPOSAL

DATE AND TIME OF BID OPENING: SEPTEMBER 16, 2026 AT 2:00 PM

CONTRACT ID: D13POC.059.061.39061

WBS ELEMENT NO.: 20S.1059, 20S.1059N, 20S.2012, 20S.1061, 20S.2061

FEDERAL AID NO.: STATE FUNDED

COUNTY: MCDOWELL AND MITCHELL

TIP NO.: N/A

MILES: N/A

ROUTE NO.: VARIOUS INTERSTATE, PRIMARY, AND SECONDARY

ROUTES

LOCATION: VARIOUS

TYPE OF WORK: SNOW AND ICE REMOVAL UPON REQUEST

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

D13POC.059.061.39061 McDowell and Mitchell Counties

PROPOSAL FOR THE CONSTRUCTION OF

CONTRACT No. D13POC.059.061.39061 IN McDowell and Mitchell 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. D13POC.059.061.39061; 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. D13POC.059.061.39061 in McDowell and Mitchell 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.

033166

08/26/2026

TABLE OF CONTENTS

COVER SHEET

PROPOSAL SHEET

PROJECT SPECIAL PROVISIONS

PROJECT DESCRIPTION:........................................................................................................ G-1 MANDATORY PRE-BID CONFERENCE (Prequalifying To Bid): ........................................ G-1 DIVISION LET CONTRACT PREQUALIFICATION: ........................................................... G-2 INTERESTED PARTIES LIST NOT REQUIRED: .................................................................. G-2 BOND REQUIREMENTS – No Bonds Required...................................................................... G-3 CONTRACT TIME FOR ID/IQ: ................................................................................................ G-3 WORK ORDER ASSIGNMENT (SINGLE AWARDS) FOR ID/IQ: ...................................... G-3 BONDING REQUIREMENTS FOR ID/IQ: .............................................................................. G-4 MOBILIZATION AND LIQUIDATED DAMAGES FOR ID/IQ: ........................................... G-4 EMERGENCY MOBILIZATION FOR ID/IQ: ......................................................................... G-5 RENEWAL OF CONTRACT (CPI PRICE ADJUSTMENT): .................................................. G-5 DISPUTE RESOLUTION PROCESS FOR ID/IQ: ................................................................... G-6 PROSECUTION OF WORK:..................................................................................................... G-6 NO MAJOR CONTRACT ITEMS: ........................................................................................... G-7 NO SPECIALTY ITEMS: .......................................................................................................... G-7 FUEL PRICE ADJUSTMENT: .................................................................................................. G-7

MINORITY BUSINESS ENTERPRISE AND WOMEN BUSINESS ENTERPRISE

(DIVISIONS): ............................................................................................................................. G-8 MULTI-YEAR MAINTENANCE CONTRACTS (ID/IQ): .................................................... G-23 RESTRICTIONS ON ITS EQUIPMENT AND SERVICES: .................................................. G-23 USE OF UNMANNED AIRCRAFT SYSTEM (UAS): .......................................................... G-23 EQUIPMENT IDLING GUIDELINES: ................................................................................... G-24 OUTSOURCING OUTSIDE THE USA: ................................................................................. G-24 INVOICES: ............................................................................................................................... G-25

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

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 55 ORANGE STREET ASHEVILLE, NC 28801,BY 2:00 PM ON, SEPTEMBER

16, 2026.

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

QUOTATION FOR – CONTRACT ID D13POC.059.061.39061 – SNOW AND ICE REMOVAL

UPON REQUEST ALONG VARIOUS INTERSTATE, PRIMARY AND SECONDARY ROUTES

IN MCDOWELL AND MITCHELL COUNTIES TO BE OPENED AT 2:00 PM ON,

SEPTEMBER 16, 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 13

ATTN: CHAD E. LOFTIS

55 ORANGE STREET

ASHEVILLE, NC 28801

15. Questions should be emailed 7 calendar days prior to the bid opening to Chad E. Loftis at celoftis@ncdot.gov or Gabe Johnson at gljohnson@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.

D13POC.059.061.39061 G-1 McDowell and Mitchell Counties

PROJECT SPECIAL PROVISIONS

GENERAL

PROJECT DESCRIPTION:

This renewable contract is for providing four (4) multi-axle dump trucks, with operators, equipped with a 12.0-ft. snowplow, 10.0 cubic yard (nominal) material spreader, saddle tanks for calcium chloride, Global Positioning System (GPS), and a monitoring software subscription for snow and ice removal upon request on various routes in McDowell and Mitchell Counties.

All work and materials shall be in accordance with the provisions of the General Guidelines of this contract, the Project Special Provisions, the North Carolina Department of Transportation 2024 Standard Specifications for Roads and Structures, the North Carolina Department of Transportation 2024 Roadway Standards Drawings, and the current edition of the Manual of Uniform Traffic Control Devices (MUTCD).

The Contractor shall keep himself fully informed of all Federal, State and local laws, ordinances, and regulations, and shall comply with the provisions of Section 107 of the Standard Specifications.

MANDATORY PRE-BID CONFERENCE (Prequalifying To Bid):

(7-18-06) (Rev. 12-23-25) SPI 1-14A

In order for all prospective bidders to have an extensive knowledge of the project, all prospective bidders shall attend a mandatory pre-bid conference at 10:00 AM on Thursday, September 3, 2026.

McDowell County Maintenance Yard

3931 NC 226S

Marion, NC 28752

For any questions about the pre-bid conference, please contact:

Chad Young District 1 Engineer jcyoung1@ncdot.gov (828)803-6100

The pre-bid conference will include a thorough discussion of the plans, contract pay items, special provisions, etc.

Only bidders who have attended and properly registered at the above scheduled pre-bid conference and who have met all other prequalification requirements will be considered prequalified to bid on this project. A bid received from a bidder who has not attended and properly registered at the above scheduled pre-bid conference will not be accepted and

D13POC.059.061.39061 G-2 McDowell and Mitchell Counties considered for award. There is not a virtual or call-in option for this mandatory pre-bid conference.

Attendance at the pre-bid conference will not meet the requirements of proper registration unless the individual attending has registered at the pre-bid conference in accordance with the following:

(A) The individual will ensure his name and all required information has been recorded on the official roster no later than 10 minutes after the above noted time for the beginning of the conference. Attendees can request that the names and their companies’ names on the official roster be read aloud.

(B) The individual has written in the name and address of the company he or she represents.

(C) Only one company has been shown as being represented by the individual attending.

(D) The individual attending is an officer or permanent employee of the company they are representing.

Attendance at any prior pre-bid conference will not meet the requirement of this provision.

DIVISION LET CONTRACT PREQUALIFICATION:

(07-01-14)(12-1-16) SPD 01-410

Any firm that wishes to bid as a prime contractor shall be prequalified as a Bidder or PO Prime Contractor prior to submitting a bid. Information regarding prequalification can be found at:

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

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

INTERESTED PARTIES LIST NOT REQUIRED:

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

D13POC.059.061.39061 G-3 McDowell and Mitchell Counties

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.

CONTRACT TIME FOR ID/IQ:

(2-15-22)(Rev. 4-15-25) 108 SP1 G11

The date of availability for this contract is October 1, 2026.

The completion date for this contract is September 30, 2027.

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

Work shall be accomplished in a continuous manner once the contractor begins.

The liquidated damages for this contract will be assessed per the Mobilization and Liquidated Damages for ID/IQ provision located elsewhere in this contract.

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.

D13POC.059.061.39061 G-4 McDowell and Mitchell Counties

BONDING REQUIREMENTS FOR ID/IQ:

(2-15-22) SPD 01-810

For purposes of this ID/IQ contract, the following definitions apply:

Project Agreement: A transportation improvement with a defined scope of work; a written agreement between NCDOT and the Federal Government defining the extent of construction work to be undertaken in accordance with the submitted plans, specifications and estimates.

Execution of the agreement prompts the authorization to proceed (construction funding).

Project: An undertaking issued to a contractor through a Work Order Assignment. The construction under a Project Agreement may be accomplished by one or more work order assignments, from one or more ID/IQ contracts. Note that for ID/IQ contracts this definition supersedes the definition in the Standard Specifications.

Award: The issuance of a signed Work Order Assignment by NCDOT shall constitute the notice of award of a project.

In accordance with North Carolina General Statute 44A-26, bonds are required on contracts awarded for any one project that exceeds $500,000. Beyond statutory requirements, NCDOT policy requires payment and performance bonds on all projects where the engineer’s estimate is $450,000 or greater, all Asphalt Surface Treatment projects, and projects containing the 12-month guarantee provision. The limit for waiving bonds for all bridge replacement and major bridge rehabilitation projects (latex overlays, etc.) is $300,000 based on the engineer’s estimate.

The 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

D13POC.059.061.39061 G-5 McDowell and Mitchell Counties 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

EMERGENCY MOBILIZATION FOR ID/IQ:

(2-15-22) SPD 01-830

The Contractor shall arrive on site within two (2) hours of notification. Compensation will be in addition to the specific line items in the contract. Emergency Mobilization will be paid for at the contract unit price per each. Failure to respond within the time frame will result in nonpayment of this item.

Payment will be made under:

Pay Item Pay Unit Emergency Mobilization Each

RENEWAL OF CONTRACT (CPI PRICE ADJUSTMENT):

(09-16-2026) SPD

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 will only be applied to the Equipment Operating Rate as established elsewhere in this contract. The CPI adjustment cannot reduce the Equipment Operating Rate to a lower price than the initial contract base price. 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 sixty (60) days prior to the end of the contract period if the

D13POC.059.061.39061 G-6 McDowell and Mitchell Counties contract may be extended. The Contractor must notify the Engineer in writing by forty-five (45) days prior to the contract end date 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.

Should the Contractor’s performance become unsatisfactory as determined by the Engineer due to equipment malfunctions, failure to appear, failure to provide required equipment, failure to provide qualified operators, or any other circumstance that would prevent the Contractor from satisfying the terms of the contract may result in the termination of the contract. To which the Contractor will be invoiced for fifty (50) percent of the total amount of the Outfitting Fee paid to date.

Should the Contractor refuse to renew the contract for the additional allowable years, the Contractor will be invoiced for fifty (50) percent of the total amount of the Outfitting Fee paid to date.

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.

PROSECUTION OF WORK:

(7-1-95) (Rev. 8-21-12) 108 SP1 G15R

The Contractor will be required to prosecute the work in a continuous and uninterrupted manner from the time he begins the work until completion and final acceptance of the project. The Contractor will not be permitted to suspend his operations except for reasons beyond his control or except where the Engineer has authorized a suspension of the Contractor's operations in writing.

In the event that the Contractor's operations are suspended in violation of the above provisions, the sum of $ 120.00 will be charged the Contractor for each and every calendar day that such suspension takes place. The said amount is hereby agreed upon as liquidated damages due to extra engineering and maintenance costs and due to increased public hazard resulting from a suspension of the work. Liquidated damages chargeable due to suspension of the work will be

D13POC.059.061.39061 G-7 McDowell and Mitchell Counties additional to any liquidated damages that may become chargeable due to failure to complete the work on time.

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).

FUEL PRICE ADJUSTMENTS:

Revise the Standard Specification as follows:

Page 1-82, Article 109-8, Fuel Price Adjustments, replace all paragraphs after the first paragraph with the following:

At the end of each snow and ice removal request, the Department will calculate a fuel price adjustment using the current average terminal price for DIESEL #2 FUEL and the base index price for DIESEL #2 FUEL. The Contractor will invoice the Department for the actual total hours of equipment operation, as recorded and approved on the fully-operated time sheet for each truck, plus or minus the number of hours calculated by the Department for the fuel price adjustment.

The current total approved number of operating hours for the specified contract items for which partial payment is made will be multiplied by the respective Average Fuel Consumption Rate contained in the contract to determine the theoretical diesel fuel usage for each specified contract item. The sum of the theoretical diesel fuel usage for all specified contract items will be multiplied by the algebraic difference between the average F.O.B. price for diesel fuel at the above specified terminals and the Base Index Price contained in the contract divided by the Equipment Operating Rate for Snow and Ice Removal contract unit price to determine the fuel price adjustment to be made on the partial payment estimate.

The following formula will be used to calculate the appropriate payment or credit on the invoice:

S = (A-B)(QF)/E

Where:

S = Fuel Price Adjustment (Hours) B = Base Index Price ($/Gallon) A = Current Average Terminal Price ($/Gallon) Q = Total Approved Number of Operating Hours (Hours) F = Average Fuel Consumption Rate (5 Gallons/Hour) E = Equipment Operating Rate for Snow and Ice Removal ($/Hour)

D13POC.059.061.39061 G-8 McDowell and Mitchell Counties

The average terminal price for DIESEL #2 FUEL in effect on the first day of the month in which the partial payment period ends will be used to make payment adjustments for fuel whether or not more than one price fluctuation has occurred within a single partial payment period.

MINORITY BUSINESS ENTERPRISE AND WOMEN BUSINESS ENTERPRISE

(DIVISIONS):

(10-16-07)(Rev. 10-21-25) 102-15(J) SP1 G67

Description

The purpose of this Special Provision is to carry out the North Carolina Department of Transportation’s policy of ensuring nondiscrimination in the award and administration of contracts financed in whole or in part with State funds.

Definitions

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

Combined MBE/WBE Goal: A portion of the total contract, expressed as a percentage that is to be performed by committed MBE/WBE subcontractors.

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

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

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

Manufacturer - A firm that owns (or leases) and operates or maintains a factory or establishment that produces on the premises, the materials or supplies obtained by the Contractor. A firm that makes minor modifications to the materials, supplies, articles, or equipment is not a manufacturer.

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

Minority Business Enterprise (MBE) - A firm certified as a Disadvantaged Minority-Owned Business Enterprise through the North Carolina Unified Certification Program.

Regular Dealer - A firm that owns (or leases), and operates a store, warehouse, or other establishment in which the materials or supplies required for the performance of the contract are bought, kept in sufficient quantities, and regularly sold to the public in the usual course of business. A regular dealer engages in, as its principal business and in its own name, the purchase

D13POC.059.061.39061 G-9 McDowell and Mitchell Counties and sale or lease of the products in question. A regular dealer in such bulk items as steel, concrete or concrete products, gravel, stone, asphalt and petroleum products need not keep such products in stock, if it owns and operates distribution equipment for the products. Any supplement of regular dealers’ own distribution equipment shall be by a long-term operating lease and not on an ad hoc or contract-by-contract basis.

Distributor – A firm that engages in the regular sale or lease of the items specified by the contract. A distributor assumes responsibility for the items it purchases once they leave the point of origin (e.g., a manufacturer’s facility), making it liable for any loss or damage not covered by the carrier’s insurance.

Replacement / Substitution – A full or partial reduction in the amount of work subcontracted to a committed (or an approved substitute) MBE/WBE firm.

North Carolina Unified Certification Program (NCUCP) - A program that provides comprehensive services and information to applicants for MBE/WBE certification.

The MBE/WBE program follows the same regulations as the federal Disadvantaged Business Enterprise (DBE) program in accordance with 49 CFR Part 26.

United States Department of Transportation (USDOT) - Federal agency responsible for issuing regulations (49 CFR Part 26) and official guidance for the DBE program.

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

Women Business Enterprise (WBE) - A firm certified as a Disadvantaged Women-Owned Business Enterprise through the North Carolina Unified Certification Program.

Forms and Websites Referenced in this Provision

Payment Tracking System - On-line system in which the Contractor enters the payments made to MBE and WBE subcontractors who have performed work on the project.

https://apps.dot.state.nc.us/Vendor/PaymentTracking/

DBE-IS Subcontractor Payment Information - Form for reporting the payments made to all MBE/WBE firms working on the project. This form is for paper bid projects only.

https://connect.ncdot.gov/business/Turnpike/Documents/Form%20DBE- IS%20Subcontractor%20Payment%20Information.pdf

RF-1 MBE/WBE Replacement Request Form - Form for replacing a committed MBE or WBE.

https://connect.ncdot.gov/projects/construction/Construction%20Forms/DBE%20MBE%20WBE %20Replacement%20Form%20and%20Instructions.pdf

SAF Subcontract Approval Form - Form required for approval to sublet the contract.

https://connect.ncdot.gov/projects/construction/Construction%20Forms/SAF%20Form%20- %20Subcontract%20Approval%20Form%20Revised%2004-19.xlsm

D13POC.059.061.39061 G-10 McDowell and Mitchell Counties

JC-1 Joint Check Notification Form - Form and procedures for joint check notification.

The form acts as a written joint check agreement among the parties providing full and prompt disclosure of the expected use of joint checks.

http://connect.ncdot.gov/projects/construction/Construction%20Forms/Joint%20Check%20Notif ication%20Form.pdf

Letter of Intent - Form signed by the Contractor and the MBE/WBE subcontractor, manufacturer or regular dealer that affirms that a portion of said contract is going to be performed by the signed MBE/WBE for the estimated amount (based on quantities and unit prices) listed at the time of bid.

http://connect.ncdot.gov/letting/LetCentral/Letter%20of%20Intent%20to%20Perform%20as%20 a%20Subcontractor.pdf

Listing of MBE and WBE Subcontractors Form - Form for entering MBE/WBE subcontractors on a project that will meet the Combined MBE/WBE goal. This form is for paper bids only.

http://connect.ncdot.gov/municipalities/Bid%20Proposals%20for%20LGA%20Content/09%20M BE-WBE%20Subcontractors%20(State).docx

Subcontractor Quote Comparison Sheet - Spreadsheet for showing all subcontractor quotes in the work areas where MBEs and WBEs quoted on the project. This sheet is submitted with good faith effort packages.

http://connect.ncdot.gov/business/SmallBusiness/Documents/DBE%20Subcontractor%20Quote %20Comparison%20Example.xls

DBE Regular Dealer/Distributor Affirmation Form – Form is used to make a preliminary counting determination for each DBE listed as a regular dealer or distributor to assess its eligibility for 60 or 40 percent credit, respectively of the cost of materials or supplies based on its demonstrated capacity and intent to perform as a regular dealer or distributor, as defined in section 49 CFR 26.55 under the contract at issue. A Contractor will submit the completed form with the Letter of Intent.

https://connect.ncdot.gov/projects/construction/Construction%20Forms/DBE%20Regular%20De aler-Distributor%20Affirmation%20Form%20-%20USDOT%202024.pdf

Combined MBE/WBE Goal

There is NO MBE/WBE Goal for this project.

Directory of Transportation Firms (Directory)

Real-time information is available about firms doing business with the Department and firms that are certified through NCUCP in the Directory of Transportation Firms. Only firms identified in the Directory as MBE and WBE certified shall be used to meet the Combined MBE / WBE goal. The Directory can be found at the following link.

https://www.ebs.nc.gov/VendorDirectory/default.html

The listing of an individual firm in the directory shall not be construed as an endorsement of the firm’s capability to perform certain work.

D13POC.059.061.39061 G-11 McDowell and Mitchell Counties

Listing of MBE/WBE Subcontractors

At the time of bid, bidders shall submit all MBE and WBE participation that they anticipate to use during the life of the contract. Only those identified to meet the Combined MBE/WBE goal will be considered committed, even though the listing shall include both committed MBE/WBE subcontractors and additional MBE/WBE subcontractors. Any additional MBE/WBE subcontractor participation above the goal will follow the banking guidelines found elsewhere in this provision. All other additional MBE/WBE subcontractor participation submitted at the time of bid will be used toward the Department’s overall race-neutral goals.

Only those firms with current MBE and WBE certification at the time of bid opening will be acceptable for listing in the bidder's submittal of MBE and WBE participation. The Contractor shall indicate the following required information:

(A) Electronic Bids

Bidders shall submit a listing of MBE and WBE participation in the appropriate section of the electronic submittal file.

(1) Submit the names and addresses of MBE and WBE firms identified to participate in the contract. If the bidder uses the updated listing of MBE and WBE firms shown in the electronic submittal file, the bidder may use the dropdown menu to access the name and address of the firms.

(2) Submit the contract line numbers of work to be performed by each MBE and

WBE firm. When no figures or firms are entered, the bidder will be considered to have no MBE or WBE participation.

(3) The bidder shall be responsible for ensuring that the MBE and WBE are certified at the time of bid by checking the Directory of Transportation Firms. If the firm is not certified at the time of the bid-letting, that MBE’s or WBE's participation will not count towards achieving the Combined MBE/WBE goal.

(B) Paper Bids

(1) If the Combined MBE/ WBE goal is more than zero,

(a) Bidders, at the time the bid proposal is submitted, shall submit a listing of MBE/WBE participation, including the names and addresses on Listing of MBE and WBE Subcontractors contained elsewhere in the contract documents in order for the bid to be considered responsive. Bidders shall indicate the total dollar value of the MBE and WBE participation for the

(b) If bidders have no MBE or WBE participation, they shall indicate this on the Listing of MBE and WBE Subcontractors by entering the word “None” or the number “0.” This form shall be completed in its entirety. Blank forms will not be deemed to represent zero participation. Bids

D13POC.059.061.39061 G-12 McDowell and Mitchell Counties submitted that do not have MBE and WBE participation indicated on the appropriate form will not be read publicly during the opening of bids. The Department will not consider these bids for award and the proposal will be rejected.

(c) The bidder shall be responsible for ensuring that the MBE/WBE is certified at the time of bid by checking the Directory of Transportation Firms. If the firm is not certified at the time of the bid-letting, that MBE’s or WBE’s participation will not count towards achieving the Combined MBE/WBE goal.

(2) If the Combined MBE/WBE Goal is zero, entries on the Listing of MBE and WBE

Subcontractors are not required for the zero goal, however any MBE or WBE participation that is achieved during the project shall be reported in accordance with requirements contained elsewhere in the special provision.

MBE or WBE Prime Contractor

When a certified MBE or WBE firm bids on a contract that contains a Combined MBE/WBE Goal, the firm is responsible for meeting the goal or making good faith efforts to meet the goal, just like any other bidder. In most cases, a MBE or WBE bidder on a contract will meet the Combined MBE/WBE goal by virtue of the work it performs on the contract with its own forces.

However, all the work that is performed by the MBE or WBE bidder and any other similarly certified subcontractors will count toward the goal. The MBE or WBE bidder shall list itself along with any MBE or WBE subcontractors, if any, in order to receive credit toward the goals.

MBE/WBE prime contractors shall also follow Sections A or B listed under Listing of MBE/WBE Subcontractors just as a non-MBE/WBE bidder would.

Written Documentation – Letter of Intent

The bidder shall submit written documentation for each MBE/WBE that will be used to meet the Combined MBE/WBE goal of the contract, indicating the bidder’s commitment to use the MBE/WBE in the contract. This documentation shall be submitted on the Department’s form titled Letter of Intent.

The documentation shall be received in the office of the Engineer no later than 2:00 p.m. of the fifth calendar day following opening of bids, unless the fifth day falls on Saturday, Sunday or an official state holiday. In that situation, it is due in the office of the Engineer no later than 10:00 a.m. on the next official state business day.

If the bidder fails to submit the Letter of Intent from each committed MBE and WBE to be used toward the Combined MBE/WBE goal, or if the form is incomplete (i.e. both signatures are not present), the MBE/WBE participation will not count toward meeting the Combined MBE/WBE goal. If the lack of this participation drops the commitment below the Combined MBE/WBE goal, the Contractor shall submit evidence of good faith efforts for the goal not met, completed in its entirety, to the Engineer no later than 2:00 p.m. of the eighth calendar day following opening of bids, unless the eighth day falls on Saturday, Sunday or an official state holiday. In that

D13POC.059.061.39061 G-13 McDowell and Mitchell Counties situation, it is due in the office of the Engineer no later than 10:00 a.m. on the next official state business day.

Banking MBE/WBE Credit

If the committed MBE/WBE participation submitted exceeds the algebraic sum of the Combined MBE/WBE goal by $1,000 or more, the excess will be placed on deposit by the Department for future use by the bidder. Separate accounts will be maintained for MBE and WBE participation and these may accumulate for a period not to exceed 24 months.

When the apparent lowest responsive bidder fails to submit sufficient participation by MBE and WBE firms to meet the advertised goal, as part of the good faith effort, the Department will consider allowing the bidder to withdraw funds to meet the Combined MBE/WBE goal as long as there are adequate funds available from the bidder’s MBE and WBE bank accounts.

Submission of Good Faith Effort

If the bidder fails to meet or exceed the Combined MBE/WBE goal, the apparent lowest responsive bidder shall submit to the Department documentation of adequate good faith efforts made to reach that specific goal.

One complete set and three copies of this information shall be received in the office of the Engineer no later than 2:00 p.m. of the fifth calendar day following opening of bids, unless the fifth day falls on Saturday, Sunday or an official state holiday. In that situation, it is due in the office of the Engineer no later than 10:00 a.m. on the next official state business day.

Note: Where the information submitted includes repetitious solicitation letters, it will be acceptable to submit a representative letter along with a distribution list of the firms that were solicited. Documentation of MBE/WBE quotations shall be a part of the good faith effort submittal. This documentation may include written subcontractor quotations, telephone log notations of verbal quotations, or other types of quotation documentation.

Consideration of Good Faith Effort for Projects with a Combined MBE/WBE Goal More Than Zero

Adequate good faith efforts mean that the bidder took all necessary and reasonable steps to achieve the goal which, by their scope, intensity, and appropriateness, could reasonably be expected to obtain sufficient MBE/WBE participation. Adequate good faith efforts also mean that the bidder actively and aggressively sought MBE/WBE participation. Mere pro forma efforts are not considered good faith efforts.

The Department will consider the quality, quantity, and intensity of the different kinds of efforts a bidder has made. Listed below are examples of the types of actions a bidder will take in making a good faith effort to meet the goals and are not intended to be exclusive or exhaustive, nor is it intended to be a mandatory checklist.

(A) Soliciting through all reasonable and available means (e.g. attendance at pre-bid meetings, advertising, written notices, use of verifiable electronic means through the use

D13POC.059.061.39061 G-14 McDowell and Mitchell Counties of the NCDOT Directory of Transportation Firms) the interest of all certified MBEs/WBEs that are also prequalified subcontractors. The bidder must solicit this interest within at least 10 days prior to bid opening to allow the MBEs/WBEs to respond to the solicitation. Solicitation shall provide the opportunity to MBEs/WBEs within the Division and surrounding Divisions where the project is located. The bidder must determine with certainty if the MBEs/WBEs are interested by taking appropriate steps to follow up initial solicitations.

(B) Selecting portions of the work to be performed by MBEs/WBEs in order to increase the likelihood that the Combined MBE/WBE goal will be achieved.

(1) Where appropriate, break out contract work items into economically feasible units to facilitate MBE/WBE participation, even when the prime contractor might otherwise prefer to perform these work items with its own forces.

(2) Negotiate with subcontractors to assume part of the responsibility to meet the advertised goal when the work to be sublet includes potential for MBE/WBE participation (2nd and 3rd tier subcontractors).

(C) Providing interested certified MBEs/WBEs that are also prequalified subcontractors with adequate information about the plans, specifications, and requirements of the contract in a timely manner to assist them in responding to a solicitation.

(D) (1) Negotiating in good faith with interested MBEs/WBEs. It is the bidder’s responsibility to make a portion of the work available to MBE/WBE subcontractors and suppliers and to select those portions of the work or material needs consistent with the available MBE/WBE subcontractors and suppliers, so as to facilitate MBE/WBE participation. Evidence of such negotiation includes the names, addresses, and telephone numbers of MBEs/WBEs that were considered;

a description of the information provided…