Lewisville-Clemmons Road Sidewalk Right of Way Encroachment.pdf

Village of Clemmons

PUBLIC WORKS

CONTRACT PROPOSAL

PROJECT: BL-0142 SR 1103 - LEWISVILLE-CLEMMONS ROAD SIDEWALK

RIGHT OF WAY ENCROACHMENT CONTRACT – R/W 16.1A –

JOB NUMBER – E092-034-23-00415

COUNTY: FORSYTH

DESCRIPTION: CONSTRUCTION OF 835 LF OF SIDEWALK INCLUDING

HANDICAP RAMPS, SIGNAGE, PEDESTRAIN PEDESTALS AND

THERMOPLASTIC PAVEMENT MARKINGS

DATE OF ADVERTISEMENT: July 27, 2026 DEADLINE FOR BID/PLAN QUESTIONS: August 14, 2026 RESPONSE TO BID/PLAN QUESTIONS: August 21, 2026 BID OPENING: August 28, 2026, 10:00 AM

*** 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. FOR CONTRACTS $30,000 OR MORE, EXCEPT FOR CERTAIN SPECIALTY

WORK AS DETERMINED BY THE LICENSING BOARD, BIDDERS ARE REQUIRESD TO BECOME

LICENSED BY THE NC LICENSING BOARD. NON-LICENSED BIDDERS ARE PERMITED 60 DAYS

AFTER BID OPENING TO OBTAIN PROPER LICENSING FOR THE TYPE OF PROJECT BEING LET.

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.

THIS IS A ROADWAY PROJECT. BID BOND IS REQUIRED.

NAME OF BIDDER

ADDRESS OF BIDDER

RETURN BIDS TO: VILLAGE OF CLEMMONS

Attention: MIKE GUNNELL Person’s Title: VILLAGE MANAGER Physical Address: 3715 CLEMMONS RD, CLEMMONS, NC 27012

ALL BIDS MUST BE RECEIVED PRIOR TO THE DATE AND TIME LISTED

ABOVE.

TABLE OF CONTENTS

INSTRUCTIONS TO BIDDERS

NCDOT STANDARD NOTES (Federal Aid)

ALLOWABLE CHANGES TO THE NCDOT 2024 STANDARD SPECIFICATIONS

PROJECT SPECIAL PROVISIONS (GENERAL)

BOND REQUIREMENTS

BUILD AMERICA, BUY AMERICA (BABA)

CONTRACT TIME AND LIQUIDATED DAMAGES .......... Error! Bookmark not defined.

INTERMEDIATE CONTRACT TIME NUMBER 1 AND LIQUIDATED DAMAGES

INTERMEDIATE CONTRACT TIME NUMBER 2 AND LIQUIDATED DAMAGES

PERMANENT VEGETATION ESTABLISHMENT

NO MAJOR CONTRACT ITEMS

SPECIALTY ITEMS

DISADVANTAGED BUSINESS ENTERPRISE (LOCAL GOVERNMENT AGENCIES) .17

CERTIFICATION FOR FEDERAL-AID CONTRACTS

RESTRICTIONS ON ITS EQUIPMENT AND SERVICES

USE OF UNMANNED AIRCRAFT SYSTEM (UAS)

EQUIPMENT IDLING GUIDELINES

U.S. DEPARTMENT OF TRANSPORTATION HOTLINE

TWELVE MONTH GUARANTEE

EROSION AND SEDIMENT CONTROL/STORMWATER CERTIFICATION (LGA)

PROCEDURE FOR MONITORING BORROW PIT DISCHARGE

PROJECT SPECIAL PROVISIONS (ROADWAY)

CLEARING AND GRUBBING - METHOD II

BURNING RESTRICTIONS

LUMP SUM GRADING

SHOULDER AND FILL SLOPE MATERIAL

INCIDENTAL STONE BASE

CONES

PROJECT SPECIAL PROVISIONS (EROSION CONTROL)

FABRIC INSERT INLET PROTECTION

CONCRETE WASHOUT

PROJECT SPECIAL PROVISIONS (TRAFFIC CONTROL)

STANDARD SPECIAL PROVISIONS

AVAILABILITY OF FUNDS – TERMINATION OF CONTRACTS

NCDOT GENERAL SEED SPECIFICATION FOR SEED QUALITY

STANDARD SPECIAL PROVISION ERRATA

PLANT AND PEST QUARANTINES

TITLE VI AND NONDISCRIMINATION

MINORITY AND FEMALE EMPLOYMENT REQUIREMENTS

FHWA-1273

CONTRACT PROVISIONS FOR FEDERAL-AID CONSTRUCTION CONTRACTS .68

IV. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT

STANDARD SPECIAL PROVISION ON-THE-JOB TRAINING

STANDARD SPECIAL PROVISION MINIMUM WAGES

BID BOND

CONTRACT PAYMENT BOND

CONTRACT PERFORMANCE BOND

LETTER OF INTENT TO PERFORM AS A SUBCONTRACTOR

LISTING OF DBE SUBCONTRACTORS

NON-COLLUSION, DEBARMENT AND GIFT BAN CERTIFICATION

ADDENDA

Execution of Contract

BID SHEET

INSTRUCTIONS TO BIDDERS

PLEASE READ ALL INSTRUCTIONS CAREFULLY BEFORE PREPARING AND

SUBMITTING YOUR BID.

Please read all instructions and applicable articles found in the 2024 NORTH CAROLINA

DEPARTMENT OF TRANSPORTATION STANDARD SPECIFICATIONS FOR

ROADS AND STRUCTURES available at the website listed below carefully before preparing and submitting your bid.

https://connect.ncdot.gov/resources/Specifications/2024StandardSpecifications/2024%20St andard%20Specifications%20for%20Roads%20and%20Structures.pdf

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.

1. The bid form furnished by VILLAGE OF CLEMMONS with the proposal shall be used and shall not be altered in any manner. DO NOT SEPARATE THE BID FORM FROM THE PROPOSAL! Return the entire proposal with your bid.

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

3. The Bidder shall submit a unit price for every item on the itemized proposal sheet (bid form).

The unit prices for the various contract items shall be written in figures. Unit prices shall be rounded off by the Bidder to contain no more than FOUR decimal places.

4. An amount bid shall be entered on the itemized proposal sheet (bid form) for every item. The amount bid for each item shall be determined by multiplying each unit bid by the quantity for that item, and shall be written in figures in the "Amount" column of the form.

5. 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.

6. Changes to any entry shall be made by marking through the entry in ink and making the correct entry adjacent thereto in ink. A representative of the Bidder shall initial the change in ink.

Do not use correction fluid, correction tape or similar product to make corrections.

7. The bid shall be properly executed on the included Execution of Bid – Non-collusion, Debarment and Gift Ban Certification form. All bids shall show the following information:

a. Name of corporation, partnership, Limited Liability Company, joint venture, individual or firm, submitting bid.

Corporations that have a corporate seal should include it on the bid.

b. Name of individual or representative submitting bid and position or title held on behalf of the bidder.

c. Name, signature, and position or title of witness.

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

9. The Bidder shall not add any provision reserving the right to accept or reject an award, or to enter into a contract pursuant to an award.

https://connect.ncdot.gov/resources/Specifications/2024StandardSpecifications/2024%20Standard%20Specifications%20for%20Roads%20and%20Structures.pdf https://connect.ncdot.gov/resources/Specifications/2024StandardSpecifications/2024%20Standard%20Specifications%20for%20Roads%20and%20Structures.pdf

10. THE PROPOSAL WITH THE ITEMIZED PROPOSAL SHEET ATTACHED SHALL

BE PLACED IN A SEALED ENVELOPE AND SHALL BE DELIVERED TO AND

RECEIVED IN THE VILLAGE OF CLEMMONS OFFICE, LOCATED AT VILLAGE

OF CLEMMONS 3715 CLEMMONS RD, CLEMMONS, NC 27012 , BY 10:00 AM ON,

August 28, 2026.

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

QUOTATION FOR BL-0142, SR 1103 – LEWISVILLE-CLEMMONS ROAD

SIDEWALK AT LEWISVILLE-CLEMMONS ROAD FROM AUGUST DR TO

BRANDON FARM RD IN CLEMMONS TO BE OPENED AT 10:00 AM ON, August 28, 2026.

As well as the following information:

a. Name of corporation, partnership, Limited Liability Company, joint venture, individual or firm, submitting bid.

b. Name of individual or representative submitting bid and position or title held on behalf of the bidder.

c. Address of corporation, partnership, Limited Liability Company, joint venture, individual or firm, submitting bid.

d. SAP Vendor Number of corporation, partnership, Limited Liability Company, joint venture, individual or firm, submitting bid.

e. Contractor License Number, if available, of corporation, partnership, Limited Liability Company, joint venture, individual or firm, submitting bid.

12. If delivered by mail, the sealed envelope shall be placed in another sealed envelope and the outer envelope shall be addressed as follows:

VILLAGE OF CLEMMONS

ATTN: MIKE GUNNELL

3715 CLEMMONS RD

CLEMMONS, NC 27012

13. Questions should be emailed 7 calendar days prior to the bid opening to MIKE GUNNELL at MGUNNELL@CLEMMONS.ORG. Contact with any other VILLAGE OF CLEMMONS personnel concerning this project is strictly prohibited, unless otherwise noted, and may result in bids being considered non-responsive.

14. Bidding documents, which includes a printed copy of one (1) Project Manual and one (1) full-size Drawing set, are available for a non-refundable charge of $85.67 (including tax) at the following:

Sharpe Images 230 Charlois Blvd Winston-Salem, NC 27103 Phone: (336) 778-7430 Contact: Suzanne Cutrell

NCDOT STANDARD NOTES (Federal Aid)

A. NCDOT Standard Specifications – The 2024 North Carolina Department of Transportation Standard Specifications for Roads and Structures, herein referred to as the ‘Standard Specifications’, and the 2024 Roadway Standard Drawings, shall apply to all portions of this project except as may be modified by this document.

B. Bidder Prequalification - Bidders are required to be prequalified with NCDOT for their specific discipline. Contractors wishing to become prequalified may obtain information through the NCDOT website at:

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

C. Disadvantaged Business Enterprise References - Since this is a Federal-aid project with DBE participation, only those requirements and goals set forth by NCDOT Goal Setting Committee are applicable. References to any other requirements or to N.C. General Statute 143-128.2 shall not apply to this project. Refer to Special Provision SP1 G63.

D. Award of Contract - The contract will be awarded to the lowest responsible, responsive bidder. Alternate items will not be considered in determining the low bidder and will only be evaluated after the award of the contract is made.

E. Contractor Licensing – On all Federal-aid contracts, non-licensed contractors are permitted to submit bids, however they must be licensed prior to performing any work.

Bidders are permitted 60 days, after bid opening, to become licensed by the North Carolina Licensing Board. If they fail to do so within 60 days, their bid will be considered non-responsive and will be rejected. If the successful bidder does not hold the proper license to perform any plumbing, heating, air conditioning, or electrical work in this contract, he will be required to sublet such work to a contractor properly licensed in accordance with Article 2 of Chapter 87 of the General Statutes (licensing of heating, plumbing, and air conditioning contractors) and Article 4 of Chapter 87 of the General Statutes (licensing of electrical contractors).

F. Bonds - Please note that all Bid Bonds, Payment Bonds, and Performance Bonds required for this project shall be those found on the NCDOT website. The bonds are located at:

Bid Bonds:

Bid Proposals for LGAs (ncdot.gov)

Payment Bonds:

Bid Proposals for LGAs (ncdot.gov)

Performance Bonds:

Bid Proposals for LGAs (ncdot.gov)

G. Liability Insurance – In addition to any insurance requirements as may be required by the LGA, the Contractor is obligated to comply with Article 107-15 of the Standard Specifications including the dollar limits set forth.

H. Buy America – This project shall be governed by the Buy America requirements for the use of domestic steel and iron products, as outlined in the Standard Specifications.

https://connect.ncdot.gov/business/Pages/default.aspx https://connect.ncdot.gov/municipalities/Pages/Bid-Proposals-for-LGA.aspx https://connect.ncdot.gov/municipalities/Pages/Bid-Proposals-for-LGA.aspx https://connect.ncdot.gov/municipalities/Pages/Bid-Proposals-for-LGA.aspx

I. Build America, Buy America (BABA) – This project shall be governed by the Build America, Buy America (BABA) requirements as outlined in the Standard Specifications.

J. Retainage by LGAs – The LGA for this contract will not retain any amount or percentage from progress payments or final estimates due the contractor.

Retainage by Contractors – Contractors are NOT permitted to retain any amount or percentage from monies due their subcontractors or material suppliers on federally funded projects except as permitted by Subarticle 109-4(B) of the Standard Specifications.

K. Traffic Control –The requirements of the Manual on Uniform Traffic Control Devices (MUTCD) – FHWA, as amended by the NCDOT Supplement to MUTCD, shall apply.

Traffic Control, both vehicular and pedestrian, shall be maintained throughout the project as required by these specifications as modified by the project plans or special provisions.

ALLOWABLE CHANGES TO THE NCDOT 2024 STANDARD SPECIFICATIONS

(Rev. 7-23-24)

1. Page 1-9, Article 102-1, INVITATION TO BID, lines 23-32, delete this article in its entirety.

2. Page 1-16, Subarticle 102-8(B), Electronic Bids, lines 12-33, delete this subarticle in its entirety.

3. Page 1-17, Subarticle 102-9(C)(2), Electronic Bids, lines 34-44, delete this subarticle in its entirety.

4. Page 1-18, Article 102-10, BID BOND OR BID DEPOSIT, line 10, replace “60 days” with “60 days”.

5. Page 1-18, Article 102-10, BID BOND OR BID DEPOSIT, lines 36-43, delete lines 36-43.

6. Page 1-18, Subarticle 102-11, DELIVERY OF BIDS, lines 47-48, delete lines 47-48.

7. Page 1-19, Subarticle 102-12(A), Paper Bid, line 5, replace “Contract Officer” with “Village of Clemmons”.

8. Page 1-19, Subarticle 102-12(B), Electronic Bid, lines 10-16, delete this subarticle in its entirety.

9. Page 1-19, Subarticle 102-13(B)(2), Electronic Bids, lines 24-25, delete this subarticle in its entirety.

10. Pages 1-22 and 1-23, Subarticle 103-2(B), Electronic Bids, lines 42-46 and lines 1-31, delete this subarticle in its entirety.

11. Page 1-23, Subarticle 103-3(A), Criteria for Withdrawal of Bid, line 35, replace “NCGS § 136-28.1” with “NCGS § 143-129.1”.

12. Page 1-24, Subarticle 103-3(A)(5), Criteria for Withdrawal of Bid, line 4, replace “State Contract Officer” with “Village of Clemmons or their Designee”.

13. Page 1-25, Article 103-7, CONTRACT BONDS, line 38, replace “14 calendar days” with “10 calendar days per NCGS § 143-129”.

14. Page 1-26, Article 103-9, FAILURE TO FURNISH CONTRACT BONDS, line 2, replace “14 calendar days” with “10 calendar days per NCGS § 143-129”.

15. Pages 1-43 and 1-44, Article 105-9, CONSTRUCTION STAKES, LINES AND GRADES, lines 46-49 and lines 1-7, delete both paragraphs and replace with “The Municipality will not set the stakes, lines or grades for this project.”.

16. Page 1-64, Article 108-2, PROGRESS SCHEDULE, add the following after line 18 “(D) The municipality may add additional requirements as noted in the bid proposal.”.

17. Page 1-64, Article 108-3, PRECONSTRUCTION CONFERENCE, line 20, replace “Engineer” with “Village Engineer or their Designee”.

18. Page 1-64, Article 108-4, CONSTRUCTION CONFERENCES, line 28, replace “Engineer” with “Village Engineer or their Designee”.

19. Page 1-82 and 1-83, Article 109-8, FUEL PRICE ADJUSTMENTS, lines 29-44 and lines 1-15, delete this subarticle in its entirety and replace with the following: “Fuel Price Adjustments will not apply to this project.”.

20. Page 6-33, Article-620-4, MEASUREMENT AND PAYMENT, lines 11-35, delete and replace with the following: “Asphalt Price Adjustments will not apply to this project.”.

PROJECT SPECIAL PROVISIONS (GENERAL)

BOND REQUIREMENTS

(6-1-16)(Rev.1-16-24) 102-8, 102-10 SPD 01-420A

A Bid Bond is required in accordance with Article 102-10 of the Standard Specifications for Roads and Structures.

Contract Payment and Performance Bonds are required in accordance with Article 103-7 of the Standard Specifications.

BUILD AMERICA, BUY AMERICA (BABA)

(11-15-22)(Rev. 4-21-26) 106 SP1 G05 B

Revise the Standard Specifications as follows:

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

106-1 MATERIALS AND MANUFACTURING

(A) General Requirements

The Contractor shall furnish materials that conform to all contract requirements, are suitable for their intended use, and are free from defects. All materials used in the work shall meet the requirements of the contract and shall be subject to inspection, test, or rejection by the Engineer. All materials permanently incorporated into the completed work shall be new, unless otherwise specified in the contract or as approved by the Engineer.

The Contractor is responsible for selecting, procuring, and delivering materials of the types and quantities necessary to perform the work and meet contract requirements. Delays in material delivery or quality control do not relieve the Contractor of obligations for schedule or quality.

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

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

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

The Contractor shall furnish Safety Data Sheets (SDS) for all paints and hazardous chemicals proposed for use on the project, in accordance with the North Carolina Hazard Communication Standard, 29 CFR 1910.1200 and NCGS § 95-174.

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

If the Contractor proposes to use materials from local deposits not identified in the contract, the Contractor shall be responsible for preliminary sampling, source approval, and production of acceptable material. Preliminary samples shall be furnished at no cost to the Department. If requested in writing, the Department may perform sampling, with costs to be charged to the Contractor as determined by the Engineer.

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

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

(B) Domestic Material Requirements

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

28.7. Construction materials and manufactured products permanently incorporated into the work are subject to domestic-content requirements only on Federal-aid projects, in accordance with 23 U.S.C. § 313, Build America Buy America Act (IIJA § 70914), 2 CFR 184, and as implemented for the Federal-aid highway program through 23 CFR Part 635.410.

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

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

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

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

For manufactured products, final assembly must occur in the United States.

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

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

The Engineer will retain documentation in accordance with Department procedures.

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

(C) Material Category Requirements

(1) Iron and Steel Products

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

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

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

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

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

(2) Construction Materials

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

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

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

(c) Glass (including optical glass);

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

(e) Optical fiber;

(f) Lumber;

(g) Engineered wood;

(h) Drywall

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

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

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

(3) Manufactured Products

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

Final assembly of all manufactured products must occur in the United States. Certification must address the product as a whole, including all incorporated components.

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

(4) Materials Not Subject to Domestic Content Requirements

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

(a) Materials Excluded by Federal Statute or Regulation

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

(i) Cement and cementitious materials

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

(iii) Aggregate binding agents or additives

(b) Materials Not Permanently Incorporated into the Work

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

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

(D) Classification and Clarification of Materials

All items subject to domestic content requirements shall be classified as either an iron or steel product, construction material, manufactured product, or a material not subject to domestic content requirements based on their final form as delivered to the project site. Each item may be classified into only one category and shall not be reclassified to avoid more stringent requirements. Classification of a manufactured product does not relieve the Contractor of compliance with iron and steel domestic manufacturing requirements applicable to embedded iron or steel components when required by Federal law or regulation. When an item’s classification is uncertain or does not clearly fall within the listed categories, the Contractor shall submit the item for review by the Engineer. Approval must be obtained prior to procurement or incorporation into the project.

CONTRACT TIME AND LIQUIDATED DAMAGES:

(4-17-12)(Rev. 5-16-23) 108 SP1 G08 C

The date of availability for this contract is October 26, 2026

The completion date for this contract is June 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.

The liquidated damages for this contract are Two Hundred Dollars ($200.00) per calendar day.

These liquidated damages will not be cumulative with any liquidated damages which may become chargeable under Intermediate Contract Time Number 1.

INTERMEDIATE CONTRACT TIME NUMBER 1 AND LIQUIDATED DAMAGES

(7-1-95) (Rev. 2-21-12) 108 SP1 G13 A

Except for that work required under the Project Special Provisions entitled Planting, Reforestation and/or Permanent Vegetation Establishment, included elsewhere in this proposal, the Contractor will be required to complete all work included in this contract and shall place and maintain traffic on same.

The date of availability for this intermediate contract time is October 26, 2026.

The completion date for this intermediate contract time is April 30, 2027.

The liquidated damages for this contract are Five Hundred Dollars ($500.00) per calendar day.

Upon apparent completion of all the work required to be completed by this intermediate date, a final inspection will be held in accordance with Article 105-17 and upon acceptance, the Department will assume responsibility for the maintenance of all work except Planting, Reforestation and/or Permanent Vegetation Establishment. The Contractor will be responsible for and shall make corrections of all damages to the completed roadway caused by his planting operations, whether occurring prior to or after placing traffic through the project.

INTERMEDIATE CONTRACT TIME NUMBER 2 AND LIQUIDATED DAMAGES

(2-20-07) 108 SP1 G14 A

The Contractor shall complete the required work of installing, maintaining, and removing the traffic control devices for lane closures and restoring traffic to the existing traffic pattern. The Contractor shall not close or narrow a lane of traffic on Lewisville-Clemmons Rd during the following time restrictions:

DAY AND TIME RESTRICTIONS

7:00 AM – 9:00 AM and 3:00 PM – 6:00 PM (MONDAY THRU FRIDAY)

In addition, the Contractor shall not close or narrow a lane of traffic on Lewisville-Clemmons Rd, detain and/or alter the traffic flow on or during holidays, holiday weekends, special events, or any other time when traffic is unusually heavy, including the following schedules:

HOLIDAY AND HOLIDAY WEEKEND LANE CLOSURE RESTRICTIONS

1. For unexpected occurrence that creates unusually high traffic volumes, as directed by the

Engineer.

2. For New Year's Day, between the hours of 7:00 am December 31st and 6:00 pm

January 2nd. If New Year's Day is on a Friday, Saturday, Sunday or Monday, then until 7:00 am the following Tuesday.

3. For Easter, between the hours of 7:00 am Thursday and 6:00 pm Monday.

4. For Memorial Day, between the hours of 7:00 am Friday and 6:00 pm Tuesday.

5. For Independence Day, between the hours of 7:00 am the day before Independence Day and 7:00 pm the day after Independence Day.

If Independence Day is on a Friday, Saturday, Sunday or Monday, then between the hours of 7:00 am the Thursday before Independence Day and 6:00 pm the Tuesday after Independence Day.

6. For Labor Day, between the hours of 7:00 am Friday and 6:00 pm Tuesday.

7. For Thanksgiving Day, between the hours of 7:00 am Tuesday and 6:00 pm Monday.

8. For Christmas, between the hours of 7:00 am the Friday before the week of Christmas

Day and 6:00 pm the following Tuesday after the week of Christmas Day.

Holidays and holiday weekends shall include New Year's, Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas. The Contractor shall schedule his work so that lane closures will not be required during these periods, unless otherwise directed by the Engineer.

The time of availability for this intermediate contract work shall be the time the Contractor begins to install all traffic control devices for lane closures according to the time restrictions listed herein.

The completion time for this intermediate contract work shall be the time the Contractor is required to complete the removal of all traffic control devices for lane closures according to the time restrictions stated above and place traffic in the existing traffic pattern.

The liquidated damages are One Thousand Dollars ($ 1000.00) per hour.

PERMANENT VEGETATION ESTABLISHMENT

(2-16-12) (Rev. 1-16-24) 104 SP1 G16

Establish a permanent stand of the vegetation mixture shown in the contract. During the period between initial vegetation planting and final project acceptance, perform all work necessary to establish permanent vegetation on all erodible areas within the project limits, as well as, in borrow and waste pits. This work shall include erosion control device maintenance and installation, repair seeding and mulching, supplemental seeding and mulching, mowing, and fertilizer topdressing, as directed. All work shall be performed in accordance with the applicable section of the Standard Specifications. All work required for initial vegetation planting shall be performed as a part of the work necessary for the completion and acceptance of the Intermediate Contract Time (ICT). Between the time of ICT and Final Project acceptance, or otherwise referred to as the vegetation establishment period, the Department will be responsible for preparing the required National Pollutant Discharge Elimination System (NPDES) inspection records.

Once the Engineer has determined that the permanent vegetation establishment requirement has been achieved at an 80% vegetation density (the amount of established vegetation per given area to stabilize the soil) and no erodible areas exist within the project limits, the Contractor will be notified to remove the remaining erosion control devices that are no longer needed.

The Contractor will be responsible for, and shall correct any areas disturbed by operations performed in permanent vegetation establishment and the removal of temporary erosion control measures, whether occurring prior to or after placing traffic on the project.

Payment for Response for Erosion Control, Seeding and Mulching, Repair Seeding, Supplemental Seeding, Mowing, Fertilizer Topdressing, Silt Excavation, and Stone for Erosion Control will be made at contract unit prices for the affected items. Work required that is not represented by contract line items will be paid in accordance with Articles 104-7 or 104-3 of the Standard Specifications. No additional compensation will be made for maintenance and removal of temporary erosion control items.

NO MAJOR CONTRACT ITEMS

(2-19-02) (Rev. 8-21-07) 104 SP1 G31

None of the items included in this contract will be major items.

SPECIALTY ITEMS

(7-1-95)(Rev. 1-16-24) 108-6 SP1 G37

Items listed below will be the specialty items for this contract (see Article 108-6 of the Standard Specifications).

Line # Description 14-16 Signing 17-18 Long-Life Pavement Markings 19-22 Erosion Control 23-28 Signals/ITS System

DISADVANTAGED BUSINESS ENTERPRISE (LOCAL GOVERNMENT AGENCIES)

(10-16-07)(Rev.10-21-25) 102-15(J) SP1 G63

Description

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

Definitions

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

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

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

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

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

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

Local Government Agencies (LGA) - The entity letting the contract.

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

Regular Dealer - A firm that owns (or leases), and operates a store, warehouse, or other establishment in which the materials or supplies required for the performance of the contract are bought, kept in sufficient quantities, and regularly sold to the public in the usual course of business. A regular dealer engages in, as its principal business and in its own name, the purchase and sale or lease of the products in question. A regular dealer in such bulk items as steel, concrete or concrete products, gravel, stone, asphalt and petroleum products need not keep such products in stock, if it owns and operates distribution equipment for the products. Any supplement of regular dealers’ own distribution equipment shall be by a long-term operating lease and not on an ad hoc or contract-by-contract basis.

Distributor – A firm that engages in the regular sale or lease of the items specified by the contract.

A distributor assumes responsibility for the items it purchases once they leave the point of origin (e.g., a manufacturer’s facility), making it liable for any loss or damage not covered by the carrier’s insurance.

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

North Carolina Unified Certification Program (NCUCP) - A program that provides comprehensive services and information to applicants for DBE certification, such that an applicant is required to apply only once for a DBE certification that will be honored by all recipients of USDOT funds in the state and not limited to the Department of Transportation only.

The Certification Program is in accordance with 49 CFR Part 26.

Standard Specifications - The general term comprising all directions, provisions, and requirements contained or referred to in the North Carolina Department of Transportation Standard Specifications for Roads and Structures and any subsequent revisions or additions to such book.

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

Forms and Websites Referenced in this Provision

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

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

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

https://connect.ncdot.gov/business/Turnpike/Documents/Form%20DBE- IS%20Subcontractor%20Payment%20Information.pdf https://apps.dot.state.nc.us/Vendor/PaymentTracking/ https://connect.ncdot.gov/business/Turnpike/Documents/Form%20DBE-IS%20Subcontractor%20Payment%20Information.pdf https://connect.ncdot.gov/business/Turnpike/Documents/Form%20DBE-IS%20Subcontractor%20Payment%20Information.pdf

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

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

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

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

JC-1 Joint Check Notification Form - Form and procedures for joint check notification. The form acts as a written joint check agreement among the parties providing full and prompt disclosure of the expected use of joint checks.

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

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

http://connect.ncdot.gov/letting/LetCentral/Letter%20of%20Intent%20to%20Perform%20as%2 0a%20Subcontractor.pdf

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

http://connect.ncdot.gov/municipalities/Bid%20Proposals%20for%20LGA%20Content/08%20 DBE%20Subcontractors%20(Federal).docx

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

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

DBE Regular Dealer/Distributor Affirmation Form – Form is used to make a preliminary counting determination for each DBE listed as a regular dealer or distributor to assess its eligibility for 60 or 40 percent credit, respectively of the cost of materials or supplies based 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%20D ealer-Distributor%20Affirmation%20Form%20-%20USDOT%202024.pdf

DBE Goal

There is NO goal for participation by Disadvantaged Business Enterprises for this contract.

Directory of Transportation Firms (Directory)

Real-time information is available about firms doing business with the NCDOT and firms that are certified through NCUCP in the Directory of Transportation Firms. Only firms identified in the https://connect.ncdot.gov/projects/construction/Construction%20Forms/DBE%20MBE%20WBE%20Replacement%20Form%20and%20Instructions.pdf https://connect.ncdot.gov/projects/construction/Construction%20Forms/DBE%20MBE%20WBE%20Replacement%20Form%20and%20Instructions.pdf https://connect.ncdot.gov/projects/construction/Construction%20Forms/SAF%20Form%20-%20Subcontract%20Approval%20Form%20Revised%2004-19.xlsm https://connect.ncdot.gov/projects/construction/Construction%20Forms/SAF%20Form%20-%20Subcontract%20Approval%20Form%20Revised%2004-19.xlsm http://connect.ncdot.gov/projects/construction/Construction%20Forms/Joint%20Check%20Notification%20Form.pdf http://connect.ncdot.gov/projects/construction/Construction%20Forms/Joint%20Check%20Notification%20Form.pdf http://connect.ncdot.gov/letting/LetCentral/Letter%20of%20Intent%20to%20Perform%20as%20a%20Subcontractor.pdf http://connect.ncdot.gov/letting/LetCentral/Letter%20of%20Intent%20to%20Perform%20as%20a%20Subcontractor.pdf http://connect.ncdot.gov/municipalities/Bid%20Proposals%20for%20LGA%20Content/08%20DBE%20Subcontractors%20(Federal).docx http://connect.ncdot.gov/municipalities/Bid%20Proposals%20for%20LGA%20Content/08%20DBE%20Subcontractors%20(Federal).docx http://connect.ncdot.gov/business/SmallBusiness/Documents/DBE%20Subcontractor%20Quote%20Comparison%20Example.xls http://connect.ncdot.gov/business/SmallBusiness/Documents/DBE%20Subcontractor%20Quote%20Comparison%20Example.xls https://connect.ncdot.gov/projects/construction/Construction%20Forms/DBE%20Regular%20Dealer-Distributor%20Affirmation%20Form%20-%20USDOT%202024.pdf https://connect.ncdot.gov/projects/construction/Construction%20Forms/DBE%20Regular%20Dealer-Distributor%20Affirmation%20Form%20-%20USDOT%202024.pdf

Directory as DBE certified shall be used to meet the DBE goal. The Directory can be found at the following link. https:// www.ebs.nc.gov/VendorDirectory/default.html

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

Listing of DBE Subcontractors

At the time of bid, bidders shall submit all DBE participation that they anticipate to use during the life of the contract. Only those identified to meet the DBE goal will be considered committed, even though the listing shall include both committed DBE subcontractors and additional DBE subcontractors. Additional DBE subcontractor participation submitted at the time of bid will be used toward the overall race-neutral goal. Only those firms with current DBE certification at the time of bid opening will be acceptable for listing in the bidder's submittal of DBE participation.

The Contractor shall indicate the following required information:

(A) If the DBE goal is more than zero,

(1) Bidders, at the time the bid proposal is submitted, shall submit a listing of DBE participation, including the names and addresses on Listing of DBE 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 DBE participation for the contract.

(2) If bidders have no DBE participation, they shall indicate this on the Listing of DBE

Subcontractors by entering the word “None” or the number “0.” This form shall be completed in its entirety. Blank forms will not be deemed to represent zero participation. Bids submitted that do not have DBE participation indicated on the appropriate form will not be read publicly during the opening of bids. VILLAGE OF CLEMMONS will not consider these bids for award and the proposal will be rejected.

(3) The bidder shall be responsible for ensuring that the DBE 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 DBE’s participation will not count towards achieving the DBE goal.

(B) If the DBE goal is zero, entries on the Listing of DBE Subcontractors are not required, however any DBE participation that is achieved during the project shall be reported in accordance with requirements contained elsewhere in the special provision.

DBE Prime Contractor

When a certified DBE firm bids on a contract that contains a DBE goal, the DBE 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 DBE bidder on a contract will meet the DBE goal by virtue of the work it performs on the contract with its own forces. However, all the work that is performed by the DBE bidder and any other DBE subcontractors will count toward the DBE goal. The DBE bidder shall list itself along with any DBE subcontractors, if any, in order to receive credit toward the DBE goal.

For example, if the DBE goal is 45% and the DBE bidder will only perform 40% of the contract work, the prime will list itself at 40%, and the additional 5% shall be obtained through additional DBE participation with DBE subcontractors or documented through a good faith effort.

DBE prime contractors shall also follow Sections A or B listed under Listing of DBE Subcontractor just as a non-DBE bidder would.

Written Documentation – Letter of Intent

The bidder shall submit written documentation for each DBE that will be used to meet the DBE goal of the contract, indicating the bidder’s commitment to use the DBE in the contract.

This documentation shall be submitted on the NCDOT’s form titled Letter of Intent.

The documentation shall be received in the office of the VILLAGE OF CLEMMONS 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 VILLAGE OF CLEMMONS 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 DBE to be used toward the DBE goal, or if the form is incomplete (i.e. both signatures are not present), the DBE participation will not count toward meeting the DBE goal. If the lack of this participation drops the commitment below the DBE goal, the Contractor shall submit evidence of good faith efforts, completed in its entirety, to the VILLAGE OF CLEMMONS no later than 2:00 p.m. on the eighth calendar day following opening of bids, unless the eighth day falls on Saturday, Sunday or an official state holiday. In that situation, it is due in the office of the VILLAGE OF CLEMMONS no later than 10:00 a.m. on the next official state business day.

Submission of Good Faith Effort

If the bidder fails to meet or exceed the DBE goal, the apparent lowest responsive bidder shall submit to VILLAGE OF CLEMMONS documentation of adequate good faith efforts made to reach the DBE goal.

One complete set and 2 copies of this information shall be received in the office of the VILLAGE OF CLEMMONS 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 VILLAGE OF CLEMMONS 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 DBE 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 DBE Goals 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 DBE participation. Adequate good faith efforts also mean that the bidder actively and aggressively sought DBE participation. Mere pro forma efforts are not considered good faith efforts.

VILLAGE OF CLEMMONS 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 goal and are not intended to be exclusive or exhaustive, nor is it intended to be a mandatory checklist.

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