On-Call Inductive Loop Services.pdf

CITY OF DURHAM NORTH CAROLINA

DEPARTMENT OF TRANSPORTATION

September 28, 2026

NOTICE TO PROSPECTIVE BIDDERS

SUBJECT: Invitation for Bid

DESCRIPTION: On-call Inductive Loop Services

Overview

*NOTE THIS IS A SHORTENED ADVERTISEMENT PERIOD*

The City of Durham Department of Transportation is requesting bids for the project described above. This project consists of pavement marking installation at various locations within the City of Durham, NC. This project shall conform to the North Carolina Department of Transportation Standard Specifications for Roads and Structures, January 2024 and any addendum.

The completion date is one year beyond that given in the Notice to Proceed. There will be two one-year options to renew at the City’s sole discretion. Liquidated damages for this project are $600.00 per calendar day for failure to complete this project by the completion date.

Project-Specific Details A presubmittal meeting will be held for this project on October 6 at 1:00pm. The meeting will be held via Microsoft Teams. Email Jonathan Brown (jonathan.brown@durhamnc.gov) at least 24 hours in advance for the meeting link.

Submittal Sealed bids must be received in the Transportation Department (4th Floor) at 101 City

Hall Plaza, Durham, NC 27701 by 1:00 PM on October 15, 2026. Bids must be submitted on the bid sheet included in the proposal and display the following statement on the front of the envelope:

mailto:jonathan.brown@durhamnc.gov

“QUOTATION FOR ON-CALL INDUCTIVE LOOP SERVICES”

THE BID PACKET CAN BE OBTAINED ON SEPTEMBER 28, 2026 AT THE CITY OF DURHAM

TRANSPORTATION DEPARTMENT.

The City of Durham Department of Transportation, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat.252) and the Regulations of the North Carolina Department of Transportation (49 C.F.R., Part 21), issued pursuant to such act, hereby notifies all bidders that it will affirmatively insure that the contract entered into pursuant to this notice will be awarded to the lowest responsible bidder without discrimination on the grounds of sex, race, color or national origin.

If you have any questions or need additional information concerning this project, please contact me in writing at Jonathan.Brown@durhamnc.gov.

Sincerely, Jonathan Brown

Jonathan Brown, PE Senior Engineer mailto:Jonathan.Brown@durhamnc.gov

CONTRACT PROPOSAL

FUNDING: Local PROJECT: On-call Inductive Loop Services COUNTY: Durham ROUTE: Various DESCRIPTION: As Needed Inductive Loop Sawcuts BID OPENING: October 15, 2026 at 1:00PM

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 $50,000

OR MORE, EXCEPT FOR CERTAIN SPECIALTY WORK AS DETERMINED BY THE LICENSING BOARD OR

SBE PROJECT. 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 PROJECT IS CONSIDERED SPECIALTY WORK. THE CITY OF DURHAM DOES NOT REQUIRE A

GENERAL CONTRACTOR’S LICENSE TO BID ON THE SUBJECT PROJECT.

NAME OF BIDDER N.C. CONTRACTOR’S LICENSE NUMBER

ADDRESS OF BIDDER

RETURN BIDS TO: City of Durham Transportation Department Attention: Jonathan Brown, PE 101 City Hall Plaza (4th Floor) Durham, NC 27701

INSTRUCTIONS TO BIDDERS

PLEASE READ ALL THE 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 shall cause the bid to be considered irregular and shall be grounds for rejection of the bid.

1. The bid sheet furnished by Durham DOT with the proposal shall be used and shall not be altered in any manner. DO

NOT SEPARATE THE BID SHEET FROM THE PROPOSAL!

2. All entries on the bid sheet, including signatures, shall be typed or written in ink.

3. The Bidder shall submit a unit price for every item on the bid form. The unit prices for the various contract items shall be written in figures.

4. An amount bid shall be entered on the bid sheet 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 Bid" column of the sheet.

5. The total amount bid shall be written in figures in the proper place on the bid sheet. The total amount shall be determined by adding the amounts bid for each item.

6. Changes in 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.

7. The bid shall be properly executed. All bids shall show the following information:

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

b. Name and signature of individual or representative submitting bid and position or title.

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

d. Federal Identification Number (or Social Security Number of Individual)

e. Contractor's License Number (if Applicable)

8. Bids submitted by corporations shall bear the seal of the corporation.

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

10. 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.

11. THE PROPOSAL WITH THE BID SHEET STILL ATTACHED SHALL BE PLACED IN A SEALED ENVELOPE AND SHALL HAVE

BEEN DELIVERED TO AND RECEIVED BY THE TRANSPORTATION DEPARTMENT AT 101 CITY HALL PLAZA, DURHAM, NC 27701 BY 1:00PM ON OCTOBER 15, 2026.

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

“QUOTATION FOR ON-CALL INDUCTIVE LOOP SERVICES”

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

City of Durham Transportation Department Attention: Jonathan Brown, PE 101 City Hall Plaza (4th Floor) Durham, NC 27701

AWARD OF CONTRACT

The award of the contract, if it be awarded, will be made to the lowest responsible Bidder in accordance with the Standard Specifications for Roads and Structures 2024. The lowest responsible bidder will be notified that his bid has been accepted and that he has been awarded the contract. City of Durham reserves the right to reject all bids.

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Table of Contents

STANDARD PROVISIONS

GENERAL

AUTHORITY OF THE ENGINEER

CLAIMS FOR ADDITIONAL COMPENSATION OR EXTENSION OF TIME

DEFAULT OF CONTRACT

EXTENSION OF CONTRACT TIME

INSPECTION

LIABILITY INSURANCE

MATERIALS AND TESTING

PAYMENT

SUPERVISION BY CONTRACTOR

SAFETY AND ACCIDENT PROTECTION

SUBLETTING OF CONTRACT

TEMPORARY SUSPENSION OF WORK

TRAFFIC CONTROL AND WORK ZONE SAFETY

UTILITY CONFLICTS

STANDARD SPECIAL PROVISIONS

PROSECUTION AND PROGRESS

CONTRACTOR’S LICENSE REQUIREMENTS GENERAL

CONSTRUCTION METHODS GENERAL

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APPENDIX A

PROJECT SPECIAL PROVISIONS (not used)

SUBMITTAL CHECKLIST

NON-COLLUSION AFFIDAVIT

CONTRACT SAFETY RECORD INFORMATION

BID FORM

APPENDIX B

SAMPLE CONTRACT AND EXHIBITS

APPENDIX C

BID BOND

PERFORMANCE BOND AND PAYMENT BOND

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STANDARD PROVISIONS

GENERAL

This contract is for the installation of inductive loops within the City of Durham. All work and materials shall be in accordance with the provisions of the General Guidelines of this contract, the Project Special Provisions, the 2024 North Carolina Department of Transportation Standard

Specifications for Roads and Structures, the 2024 North Carolina Department of Transportation

Roadway Standards Drawings, and the current edition of the Manual of Uniform Traffic Control

Devices (MUTCD).

The City will provide necessary markings to identify proposed site conditions. The Contractor will furnish all equipment, complete utility locate request, secure necessary permitting, furnish material, and labor necessary to complete this project.

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.

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.

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

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.

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 N.C. Licensing Board for Contractors when bidding on any non-federal aid project where the bid is $30,000 or more, except for certain specialty work as determined by the licensing board, bidders are required to become licensed by the N.C. 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.

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.

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CONTRACT TIME AND LIQUIDATED DAMAGES

The date of availability for this project will be given in the Notice to Proceed. The Contractor may begin work prior to this date upon approval of the Engineer or his duly authorized representative. If such approval is given, and the Contractor begins work prior to the date of availability, the City of Durham

Transportation Department will assume no responsibility for any delays caused prior to the date of availability by any reason whatsoever, and such delays, if any, will not constitute a valid reason for extending the completion date.

No work will be permitted and no purchase order will be issued until all required bonds and prerequisite conditions and certifications have been satisfied.

The Contractor shall submit his bid for ninety days. The specific locations of work will be disseminated as a series of Work Assignments given after the Notice to Proceed. The contract will end one year after the start date indicated therein.

Upon satisfactory performance by the Contractor and at the sole discretion of the City, this contract will be eligible for two one-year renewal options. The City will increase all unit prices by Two Percent

(2%), rounded up to the nearest tenth-dollar, over the previous period for each renewal.

Liquidated damages for this contract are Six Hundred Dollars ($600.00) per calendar day, and will be charged for each calendar day, beyond the one-year limit unless otherwise approved by the project engineer in writing.

AUTHORITY OF THE ENGINEER

The Engineer for this project shall be the City of Durham’s Traffic Engineer, acting directly or through his duly authorized representatives.

The Engineer will decide all questions that may arise as to the quality and acceptability of work performed and as to the rate of progress of the work; all questions that may arise as to the interpretation of the contract; and all questions as to the acceptable fulfillment of the contract on the part of the Contractor. The Engineer’s decision shall be final, and the Engineer shall have executive authority to enforce and make effective such decisions.

CLAIMS FOR ADDITIONAL COMPENSATION OR EXTENSION OF TIME

Any claims for additional compensation and/or extensions of the completion date shall be submitted to the City of Durham Traffic Engineer with detailed justification within thirty (30) days after receipt of the final invoice payment. The failure of the Contractor to submit the claim(s) within thirty days shall be a bar to recovery.

DEFAULT OF CONTRACT

The Department of Transportation shall have the right to declare default of contract for breach by the

Contractor of any material term or condition of the contract. Default of contract shall be in accordance with the terms, conditions, and procedures of Article 108-9 of the Standard Specifications.

EXTENSION OF CONTRACT TIME

Failure on the part of the Contractor to furnish bonds, or certifications or to satisfy preliminary

5 | P a g e requirements necessary to issue the purchase order will not constitute grounds for extension of the contract time. If the Contractor has fulfilled all preliminary requirements for the issuance of a purchase order, and the purchase order authorization is not available by the date of availability, the Contractor shall be granted an extension equal to the number of calendar days the purchase order authorization is delayed after the date of availability.

INSPECTION

All work shall be subject to inspection by the Engineer at any time. Routinely, the Engineer will make periodic inspections of the completed work. It will be the responsibility of the Contractor to keep the

Engineer informed of his proposed work plan and to submit written reports of work accomplished on a frequency to be determined by the Engineer.

LIABILITY INSURANCE

The Contractor agrees to maintain on a primary basis, at its sole expense, and at all times during the life of this contract the following applicable coverages and limits. The requirements contained herein, as well as the City’s review or acceptance of insurance maintained by the Contractor, is not intended to, and shall not in any manner, limit or qualify the liabilities or obligations assumed by the Contractor under this contract.

Commercial General Liability – Combined single limit of no less than $1,000,000 each occurrence and

$2,000,000 aggregate. Coverage shall not contain any endorsement excluding or limiting

Product/Completed Operations, Contractual Liability, Cross Liability, or Personal and Advertising

Injury Liability.

Automobile Liability – Limits of no less than $1,000,000 Combined Single Limit. Coverage shall include liability for Owned, Non-Owned, and Hired automobiles. In the event the Contractor does not own automobiles, the Contractor agrees to maintain coverage for Hired and Non-Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or by separate Auto Liability policy. Automobile coverage is necessary only if vehicles are used in the provision of services under this contract or are brought on a City site.

Umbrella or Excess Liability – The Contractor may satisfy the minimum liability limits required above under an Umbrella or Excess Liability policy. There is no minimum Per Occurrence limit of liability under the Umbrella or Excess Liability. However, the Annual Aggregate limits shall not be less than the highest “Each Occurrence” limit for required policies. The Contractor agrees to endorse the City as an

“Additional Insured” on the Umbrella or Excess Liability unless the certificate of insurance states the

Umbrella or Excess Liability provides coverage on a “Follow-Form” basis.

Workers’ Compensation & Employers Liability – The Contractor agrees to maintain Worker’s

Compensation Insurance in accordance with Chapter 97 of the North Carolina General Statutes and with Employer Liability limits of no less than $1,000,000 for each accident, each employee, and policy limit. This policy must include a waiver of subrogation.

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Additional Insured – The Contractor agrees to endorse the City as an Additional Insured on the

Commercial General Liability. The Additional Insured shall read “City of Durham as its interest may appear”.

Certificate of Insurance – The Contractor agrees to provide the City a certificate of insurance evidencing that all coverage, limits, and endorsements required herein are maintained and in full force and effect, and certificates of insurance shall provide a minimum thirty (30) day endeavor to notify, when available, by the Contractor’s insurer. If the Contractor receives a non-renewal or cancellation notice from an insurance carrier affording coverage required herein or receives notice that coverage no longer complies with the insurance requirements herein, the Contractor agrees to notify the City within five (5) Business Days with a copy of the non-renewal or the cancellation notice or with written specifics as to which coverage is no longer in compliance. The Certificate Holder address should appear as follows:

City of Durham

Attn: Transportation Department

101 City Hall Plaza

All primary insurance carriers must be authorized to do business in North Carolina. As used in this contract, “Business Day” is defined as any day other than Saturdays, Sundays, and any legal holiday recognized by the City pursuant to City Code Section 42-16, as amended.

Proof of insurance shall be furnished to the Engineer prior to beginning work.

MATERIALS AND TESTING

The Engineer reserves the right to perform all sampling and testing in accordance with Section 106 of the Standard Specifications and the Department's "Materials and Test Manual." However, the Engineer may reduce the frequency of sampling and testing where he deems it appropriate for the project under construction.

The Contractor shall furnish the applicable certifications and documentation for all materials as required by the Standard Specifications. Material that is not properly certified will not be accepted.

PAYMENT

The Contractor may submit a request for partial payment on a monthly basis, or other interval as approved by the Engineer. Compensation for all pay items shall be in accordance with the Standard

Specifications. The amount of partial payments will be based on the work accomplished and accepted as the last day of the approved pay period.

All requests for payment shall be made by Contractor’s invoice, the invoice shall be submitted to:

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City of Durham Transportation Department Attention: Jonathan Brown, PE 101 City Hall Plaza (4th Floor)

All invoice items and unit costs shall correspond to contract pay items. In the event of error or discrepancy in items or unit costs, the Department may return the invoice to the contractor for correction.

SUPERVISION BY CONTRACTOR

At all times during the life of the project the Contractor shall provide one permanent employee who shall have the authority and capability for overall responsibility of the project and who shall be personally available at the work site within 24 hours notice. Such employee shall be fully authorized to conduct all business with the subcontractors, to negotiate and execute all supplemental agreements, and to execute the orders or directions of the Engineer.

At all times that work is actually being performed, the Contractor shall have present on the project one competent individual who is authorized to act in a supervisory capacity over all work on the project, including work subcontracted. The individual who has been so authorized shall be experienced in the type of work being performed and shall be fully capable of managing, directing, and coordinating the work; of reading and thoroughly understanding the contract; and receiving and carrying out directions from the Engineer or his authorized representatives. He shall be an employee of the Contractor unless otherwise approved by the Engineer.

The Contractor may, at his option, designate one employee to meet the requirements of both positions.

However, whenever the designated employee is absent from the work site, an authorized individual qualified to act in a supervisory capacity on the project shall be present.

SAFETY AND ACCIDENT PROTECTION

In accordance with Article 107-22 of the Standard Specifications, the Contractor shall comply with all applicable Federal, State, and local laws, ordinances, and regulations governing safety, health, and sanitation, and shall provide all safeguards, safety devices, and protective equipment, and shall take any other needed actions, on his own responsibility that are reasonably necessary to protect the life and health of employees on the job and the safety of the public, and to protect property in connection with the performance of the work covered by the contract.

SUBLETTING OF CONTRACT

The Contractor shall not sublet, sell, transfer, assign or otherwise dispose of this contract or any portion thereof; or his rights, title, or interest therein; without written consent of the Engineer. Subletting of this contract or any portion of the contract shall conform to the requirements of Article of 108-6 of the

Standard Specifications.

TEMPORARY SUSPENSION OF WORK

In accordance with Article 108-7 of the Standard Specifications, the Engineer will have the authority to suspend the work wholly or in part, any written order for such periods as he may deem necessary for

8 | P a g e any of the following reasons.

• Conditions considered unfavorable for the suitable prosecution of the work, or The Contractor’s failure for correct conditions unsafe for workmen or the general public, or

• The Contractor has not carried out orders given to him by the Engineer, or

• The Contractor’s failure to perform any provisions of the contract.

• No extension of the completion date will be allowed for the above suspensions except as may be provided for in Article 108-10.

TRAFFIC CONTROL AND WORK ZONE SAFETY

The Contractor shall maintain traffic during construction and provide, install, and maintain all traffic control devices in accordance with these project guidelines, the Project Special Provisions, North

Carolina Department of Transportation Standard Specifications for Roads and Structures, and the current edition of the Manual of Uniform Traffic Control Devices (MUTCD).

The Contractor shall utilize complete and proper traffic controls and traffic control devices during all operations. All traffic control and traffic control devices required for any operation shall be functional and in place prior to the commencement of that operation. Signs for temporary operations shall be removed during periods of inactivity. The Contractor is required to leave the project in a manner that will be safe to the traveling public and which will not impede motorists.

Traffic movements through lane closures on roads with two-way traffic shall be controlled by flaggers stationed at each end of the work zone. In situations where sight distance is limited, the Contractor shall provide additional means of controlling traffic, including, but not limited to, two-way radios, pilot vehicles, or additional flaggers. Flaggers shall be competent personnel, adequately trained in flagging procedures, and furnished with proper safety devices and equipment, including, but not limited to, safety vests and stop/slow paddles.

All personnel when working in traffic areas or areas in close proximity to traffic shall wear an approved safety vest, or shirt or jacket which meets the color requirements of the Manual of Uniform Traffic

Control Devices (MUTCD).

The Contractor shall comply with all applicable Federal, State, and local laws, ordinances, and regulations governing safety, health, and sanitation, and shall provide all safeguards, safety devices, and protective equipment, and shall take any other needed actions, on his own responsibility that are reasonably necessary to protect the life and health of employees on the job and the safety of the public, and to protect property in connection with the performance of the work covered by the contract.

Failure to comply with any of the requirements for safety and traffic control of this contract shall result in suspension of work as provided in subarticle 108-7(2) of the Standard Specifications.

No direct payment shall be made for traffic control and work zone safety items, as they shall be considered incidental to other contract items.

UTILITY CONFLICTS

It shall be the responsibility of the Contractor to contact all affected utility owners and determine the

9 | P a g e precise locations of all utilities prior to beginning construction. Utility owners shall be contacted a minimum of 48 hours prior to the commencement of operations. Special care shall be used in working around or near existing utilities, protecting them when necessary to provide uninterrupted service. In the event that any utility service is interrupted, the Contractor shall notify the utility owner immediately and shall cooperate with the owner, or his representative, in the restoration of service in the shortest time possible. Existing fire hydrants shall be kept accessible to fire departments at all times.

The Contractor shall adhere to all applicable regulations and follow accepted safety procedures when working in the vicinity of utilities in order to insure the safety of construction personnel and the public.

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STANDARD SPECIAL PROVISIONS

PROSECUTION AND PROGRESS

After receiving a list of installations The Contractor shall prepare and submit to the Engineer a proposed schedule of operations prior to beginning work on this project. The schedule should indicate the proposed chronological sequence of operations and may be revised within the limits of the contract with the approval of the Engineer. Two weeks’ advance notification is required for any modifications to the work schedule.

The Contractor's operations are restricted to daylight hours and no work may be performed on weekends and/or holidays unless otherwise approved by the Engineer. Work shall only be performed when weather and visibility conditions allow safe operations. The Contractor shall not close lanes or restrict traffic between the hours of 6:00 to 9:00 a.m. and 4:00 to 7:00 p.m. on weekdays.

The Contractor's vehicles and equipment shall not be parked within the State/City Roadway System right of way overnight or at other times when work has been suspended unless approved in writing by the

Engineer/Property Owner, and in no case within 30 feet of the edge of pavement. The Engineer may designate specific locations for parking equipment.

The work covered by this special provision consists of installing/removing pavement markings to the satisfaction of the City Engineer or representative.

The contractor shall conform to the plans, the 2024 North Carolina Department of

Transportation’s Standard Specifications for Roads and Structures, and the 2024 North Carolina

Department of Transportation’s Roadway Standard Drawings, the project special provision/details and local codes.

Copies of these publications may be obtained by writing or calling:

North Carolina Department of Transportation

Design Services Unit-Manual Distribution

P.O. Box 25201

Raleigh, NC 27611

Phone (919) 250-4128

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CONTRACTOR’S LICENSE REQUIREMENTS GENERAL (for traffic signal work):

The contractor shall be required to hold the proper license to perform the electrical work of this contract, in accordance with article 4 of Chapter 87 of the General Statutes (Licensing of Electrical

Contractors). IMSA Level II Certification is mandatory to enter any/all traffic signal cabinets. The contractor shall have prior traffic signal installation experience.

REQUIREMENTS GENERAL:

The contractor shall have proof of IMSA Work Zone Safety Certification (or equivalent as approved by the Engineer), which will enable them to properly install the markings with limited supervision.

All contractor supplied materials and all work performed on the project shall meet the latest requirements of all applicable local, state and federal guidelines. The contractor shall comply with all applicable local ordinances and regulations prior to beginning any work. The contractor shall obtain all permits and licenses required by state and local agencies having jurisdiction over same, and after completion of work shall have all work inspected.

CONSTRUCTION METHODS GENERAL:

DESCRIPTION:

The work covered by this special provision consists of installing/removing pavement markings to the satisfaction of the City Engineer or representative.

Method of measurement and basis of payment for work performed by the Contractor will conform to the appropriate section of the most recent North Carolina Department of Transportation Standard

Specifications for Roads and Structures.

The contractor shall be responsible for any/all damage to private and/or public property resulting from this work. The City of Durham assumes no liability regarding injury and/or property damage resulting from work performed by the contractor.

The Engineer or his representative will meet with the contractor for a pre-construction conference.

A. Notifying Utility Agencies:

The contractor shall be responsible for contacting all utility agencies for the purpose of locating all underground utilities, which might conflict with this work prior to beginning work. The contractor shall be responsible for any and all damages to utilities resulting from work performed by the contractor.

B. Distance from Utilities:

The contractor shall maintain minimum clearances from existing utilities having jurisdiction over same with the project limits or as prescribed by the Engineer or Inspector.

C. Traffic Control During Construction:

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The contractor shall maintain traffic through the work site in accordance with the current editions of the Manual of the Uniform Traffic Control Devices and the Standard Specifications for Roads and

Structures.

The contractor shall furnish and place all warning and directional signs and other traffic control devices required to direct, control and protect the traveling public while construction is in process.

All required traffic control devices shall be in place prior to beginning any work and shall be removed daily and/or when no longer needed.

No direct payment for flaggers, police assistance, signing and traffic control items will be made, as they shall be considered incidental to the contract.

D. Conformity with The Provisions of This Contract:

The presence of the Engineer or an inspector at the work site shall in no way lessen the Contractor’s responsibility for conformity with the provisions of this contract. Should the Engineer or inspector fail to point out work that does not conform to the plans and specifications, whether from lack of discovery or for any other reason, it shall in no way prevent later rejection or correction to the unsatisfactory work when discovered. The contractor shall have no claim for losses suffered due to any necessary removals or repairs resulting from unsatisfactory work.

E. Site Clean-up:

The contractor shall clean the site of excess excavation, waste packing materials, wire and all other debris which result from the work. At the end of each work day, the site shall be cleaned and cleared. The contractor will haul away any waste material to an approved public landfill.

F. Observation Period:

Upon completion of the work as defined in the plans and special provisions for the project and after the installations have been approved, inspected, the NCDOT Standard observation period shall begin.

The purpose of this observation period is to assess the adequacy of the installation and operation of the installation, completion and final acceptance of the project shall be contingent upon successful completion of the observation period.

G. Excavated Areas:

All excavated or otherwise damaged areas shall be repaired by shaping, smoothing, seeding and mulching per 2024 North Carolina Department of Transportation Standard Specifications for Roads and

Structures.

APPENDIX A

PROJECT SPECIAL PROVISIONS (not used)

SUBMITTAL CHECKLIST

NON-COLLUSION AFFIDAVIT

Bid Form Submittal Checklist

Included?

(Please Initial) Name or description of form

Necessary to submit this form?

When to submit it?

Signed Non-Collusion Affidavit Yes With the bid

Contract Safety Record Information Yes With the bid

Completed Bid Form Yes With the bid

Certificate of Insurance Yes With the bid

Bid Bond 5%

(required if over $500,000.00)

Circle:

YES or NO

With the bid

Performance Bond and Payment Bond Yes With Signed Contract

Does the bid documentation account for prevailing City of Durham Livable Wage?

https://www.durhamnc.gov/3695/Livable-

Wage-Rate-History

Circle:

YES or NO Circle the response

If all articles are not submitted with the bid, you may be deemed non-responsive.

https://www.durhamnc.gov/3695/Livable-Wage-Rate-History

NON COLLUSION AFFIDAVIT

(To Be Executed and Returned with Quotation)

The person executing this bid solemnly swears (or affirms) that neither he, nor any official, agent, or employee of the bidder has entered into any agreement, restraint of free competitive bidding in connection with this bid.

NAME OF CONTRACTOR

SIGNATURE OF CONTRACTOR

NOTE - AFFIDAVIT MUST BE NOTARIZED

Subscribed and sworn to me this the NOTARY SEAL day of 20 .

(SIGNATURE OF NOTARY PUBLIC)

Of County.

State of .

My Commission Expires: .

The Contractor’s safety record shall be reviewed and evaluated in addition to other quality and performance criteria as part of bid evaluation process. Failure to provide the requested information and documentation may result in rejection of your bid as non-responsive. Accordingly, all bidders must submit the following information regarding their safety record.

The following definitions shall apply to this section:

“DART incident rate” – Acronym for “Days Away, Restrictions and Transfers”. The DART incident rate may be used to show the relative level of injuries and illnesses within a firm compared to the industry. It is based only on those injuries and illnesses severe enough to warrant “Days Away, Restrictions and Transfers”. The DART incident rate is calculated using OSHA’s Form 300 and the following formula:

((Number of entries in column H (days away from work) + column I (job transfer or restriction) x 200,000) / (Number of hours worked by all employees) = DART Incident rate.

“EMR” – Acronym for “Experience Modification Rate,” is an indicator of a contractor’s past safety performance, widely used by the insurance industry as an equitable means of determining premiums for workers' compensation insurance. The rating system considers the average workers' compensation losses for a given firm's type of work and amount of payroll and predicts the dollar amount of expected losses to be paid by that employer in a designated rating period, usually three years. The rating is based on comparison of firms doing similar types of work, and the employer is rated against the average expected performance in each work classification. Losses incurred by the employer for the rating period are then compared to the expected losses to develop an experience rating.

“OSHA” – Acronym for the Federal Occupational Health and Safety Administration. The term “OSHA” as used in this Policy also refers to any state or local agency having jurisdictional authorization to enforce worker safety requirements and assess fines or warnings for violation of worker safety standards.

1. OSHA DART Incident Rate. Provide the bidder’s DART Incident Rate calculated from OSHA’s Form 300 for the last three years and the other required information shown in the example table below.

The bidder must attach all supporting documentation and calculations including certified OSHA forms.

YEAR CONTRACTOR

DART INCIDENT

RATE

INDUSTRY

DART INCIDENT

RATE

INDUSTRY FIELD AND CODE

2. Experience Modification Rate (EMR). Provide the bidder’s most recent Experience Modification Rate (EMR) based on insurance claims history. The bidder must provide the source of the EMR information and contact information of insurer entity providing the EMR.

YEAR CONTRACTOR EMR INDUSTRY FIELD AND CODE NAME AND CONTACT INFO FOR

EMR INFORMATION

3. Answer the following OSHA Specific Questions:

(a) Within the last 2 years, has the bidder received any citations classified by OSHA as being

(1) serious, (2) willful and/or (3) repeat violations where your company operates?

Yes _____ No ________

If yes, attach a copy of each such citation and violation.

(b) Has the bidder experienced any work-related fatalities within the last five years?

Yes ______ No ______

(c) Has the bidder had any citations issued by OSHA as a result of work related fatalities within the past 5 years?

Yes ______ No ______

(d) Is the bidder under investigation for any work-related fatalities?

Yes ______ No ______

(e) If your answer is “yes” to 3(b), (c) or (d), provide a copy of the citation(s), list of number(s) of fatalities and documented explanation of the fatality.

4. Safety Plan:

(a) Does the company have a written safety program that includes responsibility for all aspects of safety management?

Yes_________ No _______

(b) Does the company have a written plan for safety training of new employees and ongoing training of existing employees?

Yes_________ No _______

(c) Does the company have documented evidence of safety training that they have conducted?

Yes_________ No _______

(d) If the company has employees with limited English ability, does the company have a written plan for ensuring that their employees understand the training they are being given?

Yes_________ No _______

(e) Do all supervisors have an appropriate documented level of OSHA training (e.g., a minimum of 30-hour OSHA construction safety training)?

Yes_________ No _______

(f) Do employees have documented basic OSHA 10-hour construction safety training?

Yes_________ No _______

(g) Does the company have a documented Hazard Communication Program?

Yes_________ No _______

5. Required Written Explanation of Safety Record. If the bidder has any of the following: (a) DART incident rate greater than its industry average, (b) an EMR greater than 1.0, (c) answered “yes” to any of the OSHA Specific Question above, or (d) answered “no” to any of the Safety Plan questions, the bidder shall provide the City, in its bid, a detailed written explanation of its safety record and the reasons why such safety history is NOT representative of its future performance and what specific actions it has taken to improve its overall safety record. Failure to provide a written explanation of its safety record pursuant to this paragraph may be deemed as non-responsive by the City.

City of Durham Department of Transportation

DESCRIPTION: ON-CALL INDUCTIVE LOOP SERVICES

Enter Unit Price and Amount Bid for Year One only. The City will automatically adjust unit prices for the renewal options as described in the Standard Provisions and reflect those in the Contract.

CONTRACTOR: _________________________________________________________________________

ITEM SECT DESCRIPTION UNIT QTY UNIT PRICE AMOUNT BID

1 1725 INDUCTIVE LOOP SAWCUT LF 3800

TOTAL BID FOR YEAR ONE:______________________________

CONTRACTOR___________________________________________________________________________________________

ADDRESS_______________________________________________________________________________________________

Federal Identification Number______________________________ Contractors License Number_______________________

Authorized Agent______________________________________Title_______________________________________________

Signature_______________________________________________________________Date____________________________

Witness______________________________________________Title_______________________________________________

Signature_______________________________________________________________Date____________________________

APPENDIX B

SAMPLE CONTRACT

EXHIBIT A – CITY MODIFICATIONS TO STANDARD SPECIFICATIONS

STATE OF NORTH CAROLINA

COUNTY OF DURHAM

At the time of advertisement, the Transportation Department is working with the City Attorney’s Office on the appropriate wording of the contract renewals.

CONTRACT BETWEEN THE CITY OF DURHAM AND CONTRACTOR FOR ON-CALL INDUCTIVE LOOP

SERVICES

This contract (“Contract”) is dated and entered into as of the 22nd day of September, 2026, by the City of Durham (“the City”), a North Carolina municipal corporation, and Contractor (“the Contractor”), a corporation organized and existing under the laws of North Carolina.

Sec. 1. Background and Project Manual. The City has accepted the bid of On-call Inductive Loop

Services (“the Project”) advertised by the City on the 6th day of August, 2026 in the project manual titled “On-call Directional Drill Services,” Project No. 27-1087 (hereinafter, “the Project Manual” including Addenda).

Sec. 2. Definitions.

(a) Agreement or Contract --The entire and integrated written agreement between the City and the Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral.

(b) Final Completion -- the completion of all Work required by, and in strict compliance with, the Contract, including start up, testing, obtaining regulatory approvals from all applicable authorities, and all preparations necessary to operate and maintain the Project.

(c) Substantial Completion -- means that stage of completion of the Project, including testing, approval by any applicable regulatory authority, and receipt of all the certificates of occupancy and other permits, approvals, licenses, and other documents from all governmental authorities that are necessary for the beneficial occupancy and use of the portion to be occupied or utilized such that the Work and the Project are functionally and legally usable by the City for the purpose for which they are intended.

(d) Surety – refers to the entity named as such in the payment and performance bond that may be required for this Contract. If no payment or performance bonds are required, any sentence referencing the “Surety” in this contract shall not apply.

(e) Work -- means the construction and services required by the Contract, whether completed or partially completed, and includes all other labor, materials, equipment, and services provided or to be provided by the Contractor to fulfill the Contractor’s obligations. The Work may constitute the whole or a part of the Project. This project will consist of several Work Assignments that will be assigned through the issuance of Notice to Proceeds (NTP). A Work Assignment is a grouping of pavement marking needs that are expected to take at least one day to complete. The NTP will also provide an estimated completion date of the Work Assignment.

Sec. 3. Description of Work. Obligations of Contractor. (a) Unless the context requires otherwise, if this Contract states that a task is to be performed or that a duty is owed, it shall be presumed that the task or duty is the obligation of the Contractor.

(b) The Contractor, at its own cost and expense and with skill and diligence, shall perform all the Work necessary for the Project, including furnishing all labor, tools, materials, and equipment, and do all things necessary for the proper construction and completion of the Work pursuant to the Contract

Contract for the Construction of On-call Pavement Marking Services in Durham, NC terms and consistent with the plans, specifications, drawings, schedules, and other documents attached to this Contract or incorporated by reference. Once the City notifies the Contractor of a work assignment through a NTP, the Contractor shall commence operations within two weeks. The operation shall continue in successive work days until complete. If the completion of a work assignment does not comply with the timeline outlined in the NTP, it will be considered a delay, and the Contractor shall be liable to pay the City liquidated damages per section 4(c).

All Work shall be performed in accordance with, and materials shall meet the requirements of, the following documents, which are incorporated herein by reference:

(i) The terms and standard specifications contained in the 2024 North Carolina

Department of Transportation Standard Specifications for Roads and Structures (“NCDOT Standard Specs”) shall apply to the contract, except as modified by this Contract Form and by Exhibit A, titled “City of Durham Modifications to 2024 NCDOT Standard Specifications for Roads and Structures.”

(ii) The 2024 North Carolina Department of Transportation Roadway Standards

Drawings, except as modified by project specific drawings.

(iii) 11th Edition of the Manual of Uniform Traffic Control Devices (MUTCD) dated

December 2023, including supplements and addenda.

(iv) Standard Provisions and Standard Special Provisions of the Project Manual.

(c) The Contractor shall further perform the Work in accordance with the directions (not inconsistent therewith) given from time to time by the City individual assigned to administer this Contract, referred to as the Project Manager or the Engineer, or other person as the City Manager may designate. For purposes of this Contract, the term “Engineer” shall refer to the City Manager of the City of Durham or his or her designee acting directly or through a duly authorized representative, including the Project Manager or a designated engineering consultant, acting within the scope of particular assigned or contracted duties and authority.

Sec. 4. Contract Times. Liquidated Damages. (a) Time of the Essence -- All time limits for milestones, if any, final completion, and readiness for final payment as stated in the Contract are of the essence of the contract.

(b) Contract Time – the Work shall be substantially completed within 365 days (“Contract Time”) after the date when the Contract Time commences to run from the Notice to Proceed (Substantial Completion), and finally completed and ready for final payment within 20 days after the date when the Contract Times commence to run from the Notice to Proceed (Final Completion). Each Work Assignment shall provide its own Contract Time that outlines its commencement, Substantial Completion, and Final Completion.

(c) Renewals – Upon satisfactory performance by the Contractor and at the sole discretion of the City, this Contract will be eligible for up to two one-year (365 day) renewals. The City will automatically adjust the unit price of each item in Sec. 6 by two percent, rounded up to the nearest tenth-dollar, over the previous year.

(d) Liquidated Damages – The Contractor and the City recognize that time is of the essence of this contract and that the City will suffer financial loss if the Work is not completed within the times specified above, plus any extensions thereof allowed. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, the City and the Contractor agree that as liquidated damages for the delay (but not as a penalty), the Contractor shall pay the City $600 for each day that expires after the time specified above for Substantial Completion until the Work is substantially complete. After Substantial Completion, if the Contractor shall neglect, refuse, or fail to complete the remaining Work within 30 days after Substantial Completion or any proper extension thereof granted by the City, the Contractor shall pay the City $600 for each day that expires after the time specified above for final completion and readiness for final payment until the Work is completed and ready for final payment.

(e) Waiver of Liquidated Damages -- If liquidated damages are assessable against the Contractor, the City may, in its discretion, waive the imposition of some or all of the liquidated damages against the Contractor. That waiver shall be valid only if done by a writing signed by the City Manager or a Deputy City Manager, and the waiver must refer specifically to “liquidated damages.” That waiver shall not constitute an extension of the Contract Time.

Sec. 5. Delay Events and Extension of Contract Times. (a) Where the Contractor is prevented from completing the Work within the Contract Times due to delay beyond the control of the Contractor (hereinafter “Delay Event”), the Contract Times may be extended in an amount equal to the time lost due to such Delay Event after approval of the City for such time extension. Delay Events shall include, but not be limited to, acts or neglect by the City, acts or neglect of utility owners or other contractors performing other work at the Project site, fires, floods, epidemics, abnormal weather conditions, or acts of God.

(b) the City shall extend the Contract Times equal to the time lost due to the Delay Event conditioned upon Contractor’s compliance with the following:

(i) Contractor shall notify City of the Delay Event pursuant to Sec. 18 (Notice) within 15 calendar days after the end of the Delay Event (“Delay Event Notice”).

(ii) The Delay Event Notice shall provide sufficient information and detail necessary for the City to determine (A) the nature of the Delay Event, (B) the Contractor’s critical path schedule that was impacted by the Delay Event and the amount of time the critical path was impacted due to the Delay Event, and (C) that the Contractor was unable to control or otherwise mitigate the impacts of the Delay Events to allow the Project to remain on schedule to be completed within the original Contract Times.

Sec. 6. Contractor’s Billings to City. Compensation. (a) The Contractor shall submit applications for payment to the City monthly for the amounts to be paid pursuant to this contract. Each application shall document, to the reasonable satisfaction of the City, such information as may be reasonably requested by the City, including a record of the percent completion of the Work according…