INVITATION TO BID

TITLE: EB-6030 Skibo Road Sidewalk Fayetteville, North Carolina

COF1517024

OWNER:

CITY OF FAYETTEVILLE

433 Hay Street Fayetteville, North Carolina 28301

DESIGNER:

Mott MacDonald 7621 Purfoy Road Fuquay-Varina, NC 27526 919-552-2253

Bid Due Date: - September 30, 2026 @ 2:00 PM

This document is intended for use on City of Fayetteville Construction Projects and shall not be used on any project that is not reviewed and approved by the City of Fayetteville.

TABLE OF CONTENTS

COVER SHEET

PROPOSAL SHEET

INSTRUCTIONS TO BIDDERS

PROJECT SPECIAL PROVISIONS

STANDARD SPECIAL PROVISIONS

UNIT PROJECT SPECIAL PROVISIONS

ROADWAY

TRAFFIC -CONTROL

UTILITY CONSTRUCTION

UTILITY BY OTHERS

EROSION CONTROL

SUBCONTRACTOR LISTING FORM

EXECUTION OF BID

ACCEPTANCE

ADDENDUM ACKNOWLEDGEMENT

PROPOSAL ITEMS / BID FORM

fAVETTEVI LLE �

AMERICA'S CAN DO CITY

A message from the City of Fayetteville City Mam,ger, Dr. Douglas J. Hewett, JCMA-CM

The City of Fayetteville is fully committed to providing Small Local Business Enterprises (SLBEs) and small businesses an equal opportunity to participate in all aspects of City contracting, including but not limited to participation in the procurement of contracts relating to construction, professional services, equipment, supplies, and improvements to facilities throughout the City.

It is the policy of the City to prohibit discrimination against any person or business in pursuit of these opportunities on the basis of race, sex, color, religion, national origin, age, or disability, and to conduct its contracting and purchasing programs so as to prevent such discrimination. The

City is committed to following all applicable federal, state, and local laws as they relate to procurement practices.

Small Business Participation Commitment

The City will actively seek and identify qualified small businesses, including SLBEs, and offer them the opportunity to participate in the procurement of contracts for all City purchasing and service contracts as well as construction and repair contracts. The City aspires to spend 40% of its eligible contract dollars with small local suppliers and contractors.

Small Business Enterprise Program

The City's Charter has been amended by the General Assembly (H.B. 198) to establish a small business enterprise program to promote the development of small local businesses. The City is authorized to establish bid and proposal specifications that include measures to enhance participation by small business enterprises located in Cumberland and Hoke Counties, including:

• Arranging solicitations, specifications, and contract requirements to facilitate smalJ business participation

• Providing technical assistance and capacity building programs

• Carrying out information and communication programs on contracting procedures and opportunities

• Implementing outreach programs to identify and engage qualified small businesses

• Offering supportive services to help small businesses compete effectively

• Ensuring prompt payment to subcontractors

• Simplifying bonding and insurance requirements where appropriate

Federal and State-Funded Projects - Important Notice

In accordance with state directive following the U.S. Department ofTranspmtation's October 3, 2025 Interim Final Rule to 49 CFR Part 26:

(;AYETTEVI LLE �

AfJERICA'S CAN 00 CITY

For Federally-Funded Contracts:

• No DBE goals may be established for federally-funded contracts until further guidance is provided by the state

• All existing DBE certifications are in suspended status pending Unified Certification

Program (UCP) reevaluation under new individualized disadvantage standards

• Firms are not required to submit DBE participation commitments at this time

For State-Funded Contracts:

• No MB/WBE goals may be established for state-funded contracts until further guidance is provided by the state

The City will continue to facilitate participation by all qualified small businesses through the measures listed above and will resume DBE and MB/WBE program activities once the state provides further guidance.

Equal Opportunity for All

The City is committed to:

Providing equal access to contracting opportunities for all qualified businesses

Removing barriers to small business participation

Supporting economic development and capacity building in our community

Ensuring fair and open competition in all procurements

Maintaining compliance with all applicable federal, state, and local requirements

Supporting diversity in our supplier and contractor base

For more information or questions about the SLBE policy, please contact the

Purchasing Division at 910-433-1942.

CITY OF FA YETTEVIL

Dr. Dou

City Manger

CITY OF FAYETTEVILLE

PURCHASING DEPARTMENT

CONTRACT PROPOSAL

NCDOT: EB-6030

COUNTY: Cumberland

DESCRIPTION: EB-6030 Skibo Road Sidewalk

DATE OF ADVERTISEMENT: August 26, 2026

PRE-BID MEETING: In Person

BID OPENING: September 30, 2026 @ 2:00 PM

***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 REQUIRED TO

BECOME LICENSED BY THE LICENSING BOARD. NON-LICENSED BIDDERS

ARE PERMITTED 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 REFRIGERTION CONTRACTING AS CONTAINED IN

CHAPTER 87 OF THE GENERAL STATUES OF NORTH CAROLINA.

NAME OF BIDDER

ADDRESS OF BIDDER

RETURN BIDS TO:

City of Fayetteville – City Hall Information Booth

Attention: Kimberly Toon Assistant Chief Financial Officer-Procurement

Physical Address:

CITY OF FAYETTEVILLE CITY HALL

433 HAY STREET

FAYETTEVLLE, NC 28301

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

ABOVE.

INSTRUCTIONS TO BIDDERS

PLEASE READ ALL INSTRUCTIONS CAREFULLY BEFORE PREPARING AND

SUBMITTING YOUR BID.

All bids shall be prepared and submitted in accordance with the following requirements.

Failure to comply with any requirement shall cause the bid to be considered irregular and shall be grounds for rejection of the bid.

1. The bid form furnished by the CITY OF FAYETTEVILLE with the proposal shall be used and shall not be altered in any manner. DO NOT SEPARATE THE BID FORM FROM

THE PROPOSAL!

2. All entries on the bid form, including signatures, shall be 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. ***Unit prices must be limited to TWO decimal places. ***

4. An amount bid shall be entered on the 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 Bid" 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 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. Do not use “White Out” or similar product to make corrections.

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 of individual or representative submitting bid and position or title.

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

d. Federal Identification Number

e. Contractor's License Number (If available)

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 FORM STILL ATTACHED SHALL BE

PLACED IN A SEALED ENVELOPE AND SHALL HAVE BEEN DELIVERED TO

AND RECEIVED IN THE CITY OF FAYETTEVILLE, CITY HALL 2ND FLOOR E.E.

SMITH CONFERENCE ROOM, 433 HAY STREET, FAYETTEVILLE, NORTH

CAROLINA, BY SEPTEMBER 30, 2026 @ 2:00 PM

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

“QUOTATION FOR – EB-6030 SKIBO ROAD SIDEWALK

TO BE OPENED AT 2:00 PM ON SEPTEMBER 30, 2026”

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 Fayetteville

Attn: Kimberly Toon, CLGPO, CLGFO — Assistant Chief Financial Officer-Procurement 433 Hay Street

Fayetteville, NC 28301

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 https://connect.ncdot.gov/business/Pages/default.aspx 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 (M-5):

https://connect.ncdot.gov/letting/Pages/Central-Letting-Forms.aspx

Payment Bonds (M-6):

https://connect.ncdot.gov/letting/Pages/Central-Letting-Forms.aspx

Performance Bonds (M-7):

https://connect.ncdot.gov/letting/Pages/Central-Letting-Forms.aspx

G. Liability Insurance – In addition to any insurance requirements as may be required by the City of Fayetteville, 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.

I. Proprietary Items - When a proprietary (brand name) product, whether material, equipment or procedure, are specified in the plans or specifications, they are used only to denote the style, type, character, and quality desired of the product. They do not restrict the bidder from proposing other brands, makes, or manufacturers, which are determined to be of equal quality. The approval, or disapproval of those products, will be made by the Engineer prior to allowing those product(s) or material(s) to be incorporated into the work.

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:

1. Article 102-1 Invitation to Bid, page 1-9, delete this section in its entirety.

2. Subarticle 102-8(B) Electronic Bids, page 1-15, delete this section in its entirety.

3. Subarticle 102-12(A) Paper Bid, page 1-18, line 37, the reference to “Contract Officer” shall be changed to “Senior Construction Administrator”.

4. Subarticle 102-12(B) Electronic Bid, page 1-18, delete this section in its entirety.

5. Subarticle 103-2(B) Electronic Bids, page 1-22, delete this section in its entirety.

6. Subarticle 103-3(A) Criteria for Withdrawal of Bid, page 1-22, modify the reference “G.S.136-28.1” to “G.S.143-129.1”. On page 1-23, in that same subarticle under (5), line 11, modify “State Contract Officer” to “Senior Construction Administrator”.

7. Article 103-7 Contract Bonds, page 1-30, line 5, modify “14” calendar days to “10” calendar days per G.S.143-129.

8. Article 103-9, Failure to Furnish Contract Bonds, page 1-30, line 15, modify “14” calendar days to “10” calendar days per G.S.143-129.

9. Article 105-9 Construction Stakes, Lines and Grades, page 1-48, delete this section in its entirety and substitute the following: “The Municipality will not set the stakes, lines or grades for this project.”

10. Article 107-5 Encroachment on Right of Way, page 1-58, in line 11, change the word “entity” to “municipality”.

11. Article 108-2, Progress Schedule, page 1-68, add the following requirement as subarticle

(D) on page 1-69: “The municipality may add additional requirements as noted in the bid proposal”.

12. Article 108-3, Preconstruction Conference, page 1-69, line 20, change “Division Engineer” to “Senior Construction Administrator”.

13. Article 108-4, Construction Conferences, page 1-69, line 28, change “Resident Engineer” to “Senior Construction Administrator”.

14. Article 109-8, Fuel Price Adjustments, page 1-87, delete this article in its entirety and substitute the following: “Fuel Price Adjustments will not apply to this project.”

15. Article-620-4, Measurement and Payment, page 6-33, delete lines 38 through line 20 on page 6-34 and substitute the following: “Asphalt Price Adjustments will not apply to this project.”

GENERAL

Bid Receipt Date September 30, 2026 @ 2:00 PM City of Fayetteville Purchasing Dept.

433 Hay Street

Fayetteville, NC 28301

Pre-Bid Conference September 9th, 2026 @ 2:00 PM

339 Alexander Street Fayetteville NC 28301 Virtual Link:

Bid Acceptance Period 90 Calendar Days unless otherwise noted

The EB-6030 Skibo Road Sidewalk shall consist of 5’ sidewalk on the North Side of Skibo Road which transitions to a 10’ Multi-use Path past Morganton Road.

Questions regarding this bid must be submitted in writing to the attention of Kimberly Toon, Purchasing Manager, by e-mail to cofbiddingquestions@fayettevillenc.gov no later than 5:00 PM, September 16th, 2026.

Bidders are expressly prohibited from contacting any City of Fayetteville official or employee associated with this Request for Proposal, except as noted above. Violation of this prohibition is grounds for the immediate disqualification of the bidder.

All contractors working on this project shall be properly licensed in accordance with the North Carolina State Licensing requirements.

Testing – The City reserves the right to test any or all materials and workmanship by a certified independent testing laboratory at his expense. Testing shall be accomplished as deemed necessary by the Engineer and in accordance with North Carolina Department of Transportation (NCDOT) Specifications. Any necessary re-testing due to failures of previous tests shall be at the Contractor’s expense.

mailto:cofbiddingquestions@fayettevillenc.gov

FEDERAL REQUIREMENTS ARE INCLUDED IN THIS CONTRACT

The “Standard Specification for Roads and Structures” revised January 2024 by the North Carolina Department of Transportation will govern the work on this project.

The Contractor shall submit a construction schedule to the City of Fayetteville Project Manager within ten (10) calendar days after receipt of “Notice to Proceed and prior to beginning the work.”

Said schedule is to be updated and submitted monthly with the Contractor's application for payment. The schedule will show tasks to be performed, start date, finish date and relationships between tasks. The City prefers MS Project for project scheduling but will accept other such program types provided they comply with this section.

INSURANCE REQUIREMENTS (NCDOT, CITY AND RAILROAD)

• Attached are Insurance requirements that are required "in addition" to the Insurance requirements per the North Carolina Department of Transportation Standard Specifications for Roads and Structures for this contract.

• Attached are the Insurance Requirements per the City of Fayetteville

Contractors shall comply with the Erosion and Sediment Control/Stormwater Certification in the contract.

Primary Contact for Online Training Primary Contact for Scheduling an Exam Joni Tanner Melanie McCaleb soils_training@ncsu.edu melanie@ntuinc.com mailto:soils_training@ncsu.edu mailto:melanie@ntuinc.com mailto:lanie@ntuinc.com

SECTION A - PROJECT SPECIFICS

PROJECT SPECIAL PROVISIONS

GENERAL

DIVISION LET CONTRACT PREQUALIFICATION:

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

Any firm that wishes to bid as a prime contractor shall be prequalified as a Bidder or PO Prime Contractor prior to submitting a bid. Information regarding prequalification can be found at: https://connect.ncdot.gov/business/Prequal/Pages/default.aspx.

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

BOND REQUIREMENTS:

(06-01-16) 102-8, 102-10 SPD 01-420A

A Bid Bond is required in accordance with Article 102-10 of the 2024 Standard Specifications for Roads and Structures.

Contract Payment and Performance Bonds are required in accordance with Article 103-7 of the 2024 Standard Specifications for Roads and Structures.

AUTHORITY OF THE ENGINEER:

(01-30-14) 105-1 SPD 01-460

The Engineer for this project shall be the Division Engineer, Division 6, Division of Highways, North Carolina Department of Transportation, acting directly or through his duly authorized representative.

The Engineer will decide all questions which may arise as to the quality and acceptability of work performed and as to the rate of progress of the work; all questions which 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. His decision shall be final and he shall have executive authority to enforce and make effective such decisions and orders as the Contractor fails to carry out promptly.

PROSECUTION AND PROGRESS:

(3-16-10) 108 SPD 1-700

The Contractor shall pursue the work diligently with workmen in sufficient numbers, abilities, and supervision, and with equipment, materials, and methods as may be required to complete the work described in the contract by the completion date and in accordance with the 2024 Standard Specifications.

The Contractor's operations are restricted to daylight hours. No work may be performed on Sundays and legal State holidays, unless otherwise approved by the Engineer. Work shall only be https://connect.ncdot.gov/business/Prequal/Pages/default.aspx performed when weather and visibility conditions allow safe operations.

BUILD AMERICA, BUY AMERICA (BABA):

(11-15-22)(Rev. 7-16-24) 106 SP1 G05

Revise the Standard Specifications as follows:

Page 1-48, Article 106-1 GENERAL REQUIREMENTS, add the following after line 49:

(C) Build America, Buy America (BABA)

All manufactured products and construction materials permanently incorporated into any project must meet requirements of the Build America, Buy America (BABA) Act of the Infrastructure Investment and Jobs Act (IIJA). Before any material or product shown on the Department’s Build America, Buy America (BABA) List is included for payment on a monthly estimate, the Contractor shall furnish the Engineer with a notarized certification certifying that the items conform to the BABA Act. The Department’s Build America Buy America (BABA) List can be found on the Department’s website below.

https://connect.ncdot.gov/letting/LetCentral/NCDOT%20BABA%20Materials%20List.pdf

Each purchase order issued by the Contractor or a subcontractor for items on the BABA List to be permanently incorporated into any project shall contain in bold print a statement advising the supplier that the manufactured products and construction materials must be produced in the United States of America.

The Contractor and all affected subcontractors shall maintain a separate file for BABA List items so that verification of the Contractor’s efforts to purchase items produced in the United States can readily be verified by an authorized representative of the Department or the Federal Highway Administration

(FHWA).

CONTRACT TIME AND LIQUIDATED DAMAGES:

(7-20-99) (Rev. 5-16-23) 108 SP1 G06

The date of availability for this contract is the date when the contract is executed by, both, the successful bidder and the City, except that work in jurisdictional waters and wetlands shall not begin until a meeting between the DOT, Regulatory Agencies, and the Contractor is held as stipulated in the permits contained elsewhere in this proposal. This delay in availability has been considered in determining the contract time for this project.

The completion date for this contract is 270 calendar days from the Notice to Proceed.

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 Six Hundred Dollars ($600.00) per calendar day.

https://connect.ncdot.gov/letting/LetCentral/NCDOT%20BABA%20Materials%20List.pdf

INTERMEDIATE CONTRACT TIME NUMBER 1 AND LIQUIDATED DAMAGES:

(2-20-07) (Rev. 6-18-13) 108 SP1 G14 H

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 Skibo Road Sidewalk during the following time restrictions:

DAY AND TIME RESTRICTIONS

Monday through Sunday from 4:00 PM through 8:30 AM

ROAD CLOSURE IS NOT ALLOWED ON THIS PROJECT

In addition, the Contractor shall not close or narrow a lane of traffic on Skibo Road Sidewalk 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 6:00 AM December 31st and 7:00 PM

January 2nd. If New Year's Day is on a Friday, Saturday, Sunday or Monday, then until 9:00 PM the following Tuesday.

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

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

5. For Independence Day, between the hours of 6:00 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 6:00 AM the Thursday before Independence Day and 7:00 PM the Tuesday after Independence Day.

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

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

8. For Christmas, between the hours of 6:00 AM the Friday before the week of Christmas

Day and 7:00 PM the following Tuesday after the week of Christmas Day.

Holidays and holiday weekends shall include New Year's Day, 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 Five Hundred Dollars ($500.00) per fifteen-minute time period.

PROSECUTION OF WORK:

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

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

In the event that the Contractor's operations are suspended in violation of the above provisions, the sum of Five Hundred Dollars ($500.00) will be charged the Contractor for each and every calendar day that such suspension takes place. The said amount is hereby agreed upon as liquidated damages due to extra engineering and maintenance costs and due to increased public hazard resulting from a suspension of the work. Liquidated damages chargeable due to suspension of the work will be additional to any liquidated damages that may become chargeable due to failure to complete the work on time.

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.

RAILROAD GRADE CROSSING:

(7-1-95) (Rev. 1-16-24) 107-9

SP1 G17R

When the use of slow moving or stopped equipment is required over at-grade railroad crossings, the contractor shall contact the appropriate track owner to gain Right of Entry. The contractor shall be responsible for ascertaining and contacting the railroad track owner.

No separate payment will be made for conforming with the requirements of this Special Provision. Please contact the Resident Engineer or the NCDOT Rail Division - Engineering Coordination & Safety Branch - Surfaces & Encroachment Manager with any questions pertaining to the Right of Entry.

NO MAJOR CONTRACT ITEMS:

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

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

NO SPECIALTY ITEMS:

(7-1-95)(Rev. 1-16-24) 108-6 SP1 G34

None of the items included in this contract will be specialty items (see Article 108-6 of the Standard Specifications).

FUEL PRICE ADJUSTMENT PAPER BID:

(11-15-05) (Rev. 1-16-24) 109-8 SP1 G44

Revise the Standard Specifications as follows:

Page 1-82, Article 109-8, FUEL PRICE ADJUSTMENTS, add the following:

The base index price for DIESEL #2 FUEL is $2.2387 per gallon. Where any of the following are included as pay items in the contract, they will be eligible for fuel price adjustment.

The pay items and the fuel factor used in calculating adjustments to be made will be as follows:

Description Units Fuel Usage Factor Diesel

Unclassified Excavation Gal/CY 0.29 Borrow Excavation Gal/CY 0.29 Class IV Subgrade Stabilization Gal/Ton 0.55 Aggregate Base Course Gal/Ton 0.55 Sub-Ballast Gal/Ton 0.55 Erosion Control Stone Gal/Ton 0.55 Rip Rap, Class _____ Gal/Ton 0.55 Asphalt Concrete Base Course, Type ____ Gal/Ton 0.90 or 2.90 Asphalt Concrete Intermediate Course, Type ____ Gal/Ton 0.90 or 2.90 Asphalt Concrete Surface Course, Type ____ Gal/Ton 0.90 or 2.90 Open-Graded Asphalt Friction Course Gal/Ton 0.90 or 2.90 Permeable Asphalt Drainage Course, Type ____ Gal/Ton 0.90 or 2.90 Sand Asphalt Surface Course, Type ____ Gal/Ton 0.90 or 2.90 Ultra-thin Bonded Wearing Course Gal/Ton 0.90 or 2.90 Aggregate for Cement Treated Base Course Gal/Ton 0.55 Portland Cement for Cement Treated Base Course Gal/Ton 0.55 > 11" Portland Cement Concrete Pavement Gal/SY 0.327 Concrete Shoulders Adjacent to > 11” Pavement Gal/SY 0.327 9” to 11" Portland Cement Concrete Pavement Gal/SY 0.272 Concrete Shoulders Adjacent to 9” to 11” Pavement Gal/SY 0.272 < 9” Portland Cement Concrete Pavement Gal/SY 0.245 Concrete Shoulders Adjacent to < 9” Pavement Gal/SY 0.245

For the asphalt items noted in the chart as eligible for fuel adjustments, the bidder may include the Fuel Usage Factor Adjustment Form for Paper Bid with their bid submission if they elect to use the fuel usage factor. The Fuel Usage Factor Adjustment Form for Paper Bid is included toward the end of this paper bid document when asphalt items noted in the chart as eligible for fuel adjustments are part of the project.

Select either 2.90 Gal/Ton fuel factor or 0.90 Gal/Ton fuel factor for each asphalt line item on the Fuel Usage Factor Adjustment Form for Paper Bid. The selected fuel factor for each asphalt item will remain in effect for the duration of the contract.

Failure to complete the Fuel Usage Factor Adjustment Form for Paper Bid will result in using

2.90 gallons per ton as the Fuel Usage Factor for Diesel for the asphalt items noted above. The contractor will not be permitted to change the Fuel Usage Factor after the bids are submitted.

DISADVANTAGED BUSINESS ENTERPRISE (LOCAL GOVERNMENT AGENCIES):

(10-16-07)(Rev.5-9-24) 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 the City of Fayetteville 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

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

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

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

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%20Notif ication%20Form.pdf

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

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

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

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

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

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

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

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

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 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.

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

(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. The City of Fayetteville 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, the 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 City of Fayetteville no later than 2:00 p.m. of the fifth calendar day following opening of bids, unless the fifth day falls on Saturday, Sunday or an official state holiday. In that situation, it is due in the office of the Engineer for the City of Fayetteville 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 Engineer for the City of Fayetteville 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 Engineer for the City of Fayetteville 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 the City of Fayetteville 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 Engineer for the City of Fayetteville no later than 2:00 p.m. of the fifth calendar day following opening of bids, unless the fifth day falls on Saturday, Sunday or an official state holiday. In that situation, it is due in the office of the Engineer for the City of Fayetteville 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.

The City of Fayetteville 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 Transportation Firms) the interest of all certified DBEs who have the capability to perform the work of the contract. The bidder must solicit this interest within at least 10 days prior to bid opening to allow the DBEs to respond to the solicitation.

Solicitation shall provide the opportunity to DBEs within the Division and surrounding Divisions where the project is located. The bidder must determine with certainty if the DBEs are interested by taking appropriate steps to follow up initial solicitations.

(B) Selecting portions of the work to be performed by DBEs in order to increase the likelihood that the DBE goals will be achieved.

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

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

(C) Providing interested DBEs with adequate information about the plans, specifications, and requirements of the contract in a timely manner to assist them in responding to a solicitation.

(D) (1) Negotiating in good faith with interested DBEs.