| Location: | North Carolina |
|---|---|
| Posted: | Jun 24, 2026 |
| Due: | Jul 15, 2026 |
| Agency: | Division of Highways |
| Type of Government: | State & Local |
| Category: |
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| Publication URL: | To access bid details, please log in. |
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
REQUEST FOR PROPOSAL
DATE AND TIME OF BID OPENING: JULY 15, 2026 AT 2:00 P.M.
BID PROPOSAL NO.: 54-TJK-01-PR31880
WBS ELEMENT NOS.: VARIOUS
COUNTIES: DIVISION 1 - BERTIE, CAMDEN, CHOWAN, CURRITUCK, DARE, HERTFORD, HYDE, GATES, MARTIN, NORTHAMPTON, PASQUOTANK, PERQUIMANS, TYRRELL, AND WASHINGTON
LOCATION: VARIOUS ROUTES THROUGHOUT THE COUNTIES
TYPE OF WORK: TREE CUTTING, TRIMMING, SIGN CLEARING AND STUMP GRINDING SERVICES AS NEEDED
DATE OF AVAILABILITY: SEPTEMBER 1, 2026
COMPLETION DATE: AUGUST 31, 2027
SMALL BUSINESS CERTIFICATION MANDATORY
PROPOSAL
FOR THE CONSTRUCTION OF
BID NO. 54-TJK-01-PR31880 IN IN BERTIE, CAMDEN, CHOWAN, CURRITUCK, DARE, HERTFORD, HYDE, GATES, MARTIN, NORTHAMPTON, PASQUOTANK, PERQUIMANS, TYRRELL, AND WASHINGTON COUNTIES
DIVISION 1, NORTH CAROLINA
JULY 24, 2026
DEPARTMENT OF TRANSPORTATION,
RALEIGH, NORTH CAROLINA
The Bidder has carefully examined the location of the proposed work to be known as BID NO 54-TJK-01-PR31880; has carefully examined the plans and specifications, which are acknowledged to be part of the proposal, the special provisions, the proposal, the form of contract; and thoroughly understands the stipulations, requirements and provisions. The undersigned bidder agrees to be bound upon his execution of the bid and subsequent award to him by the Department of Transportation in accordance with this proposal. Payment and performance bonds are not required on this project. The undersigned Bidder further agrees to provide all necessary machinery, tools, labor, and other means of construction; and to do all the work and to furnish all materials, except as otherwise noted, necessary to perform and complete the said contract in accordance with the 2024 Standard Specifications for Roads and Structures by the dates(s) specified in the Project Special Provisions and in accordance with the requirements of the Engineer, and at the unit or lump sum prices, as the case may be, for the various items given on the sheets contained herein.
The Bidder shall provide and furnish all the materials, machinery, implements, appliances and tools, and perform the work and required labor to construct and complete State Highway BID NO. 54-TJK-01-PR31880, for the unit or lump sum prices, as the case may be, bid by the Bidder in his bid and according to the proposal, plans, and specifications prepared by said Department, which proposal, plans, and specifications show the details covering this project, and hereby become a part of this contract.
The published volume entitled North Carolina Department of Transportation, Raleigh, Standard Specifications for Roads and Structures, January 2024 with all amendments and supplements thereto, is by reference incorporated into and made a part of this contract; that, except as herein modified, all the construction and work included in this contract is to be done in accordance with the specifications contained in said volume, and amendments and supplements thereto, under the direction of the Engineer.
If the proposal is accepted and the award is made, the contract is valid only when signed either by the Contract Officer or such other person as may be designated by the Secretary to sign for the Department of Transportation. The conditions and provisions herein cannot be changed except over the signature of the said Contract Officer or Division Engineer.
The quantities shown in the itemized proposal for the project are considered to be approximate only and are given as the basis for comparison of bids. The Department of Transportation may increase or decrease the quantity of any item or portion of the work as may be deemed necessary or expedient.
An increase or decrease in the quantity of an item will not be regarded as sufficient ground for an increase or decrease in the unit prices, nor in the time allowed for the completion of the work, except as provided for the contract.
TABLE OF CONTENTS
PROJECT SPECIAL PROVISIONS - GENERAL PAGE NO.
PROJECT SPECIAL PROVISIONS - ID/IQ PAGE NO.
PROJECT SPECIAL PROVISIONS - ROADWAY PAGE NO.
STANDARD SPECIAL PROVISIONS PAGE NO.
INSTRUCTIONS TO BIDDERS PAGE NO.
BID SUBMITTAL PACKAGE PAGE NO.
PROJECT SPECIAL PROVISIONS - GENERAL
GENERAL
This contract is for tree cutting, trimming, sign clearing and stump grinding services on an as needed basis in Bertie, Camden, Chowan, Currituck, Dare, Hertford, Hyde, Gates, Martin, Northampton, Pasquotank, Perquimans, Tyrrell, and Washington Counties in Division 1. Work will consist of cutting trees and tree limbs, chipping and removal as needed, in accordance with Section 200-3 and 200-5 of the current Standard Specifications.
The Contractor is to provide all equipment, labor and material. At each site of operation, set up, maintain, and remove the appropriate traffic control devices. Conduct operations in a safe manner, adhering to all utility separation requirements.
All materials and workmanship shall be in accordance with the following:
The Project Special Provisions, Project Standard Provisions, most current Standard Special Provisions, Manual of Uniform Traffic Control Devices (MUTCD), Provisions contained in the applicable Sections of the North Carolina Department of Transportation's Standard Specifications for Roads and Structures and Drawings contained in the applicable sections of the North Carolina Department of Transportation's Roadway Standard Drawings shall apply.
The published volume entitled North Carolina Department of Transportation, Standard Specifications for Roads and Structures, with all amendments and supplements thereto, is by reference incorporated into and made a part of this contract; that, except as herein modified, all the construction and work included in the contract is to be done in accordance with the specifications contained in said volume, and amendments and supplements thereto, under the direction of the Engineer.
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.
These manuals may be found at the following websites: and .
SMALL BUSINESS ENTERPRISE (SBE) CONTRACT
The Department of Transportation does not exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by this program on the basis of race, color, sex, political affiliation/influence, or national origin.
This is a SBE contract and to qualify for the NCDOT SBE Program a firm must have an annual gross income of $1,500,000 or less, exclusive of materials. Only contractors currently certified as a SBE Contractor by the NCDOT Office of Civil Rights SBE Program Manager and listed in the Directory of Transportation Firms at bid opening will be eligible to bid on this project.
If unsure as to whether a firm is currently certified by NCDOT, search the Directory of Transportation Firms at the following website: .
Bids received from firms that are not certified as SBE Contractors through NCDOT Office of Civil Rights SBE Program Manager will not be opened.
Prospective bidders who qualify for the SBE Program and are not currently certified should submit a completed application packet to the SBE Program Manager prior to bid submittal to allow for review time. Additional information on the program, including the application to become certified, may be obtained online at the following website:
Bidders must renew their SBE status and recertify each year. It is the bidder's responsibility to ensure that their existing SBE status does not lapse prior to bid opening (or beginning work as a subcontractor). Advance notification of pending renewal dates is not guaranteed.
Per G.S. 136-28.10, a NC General Contractor's license may be waived for SBE contracts. For this project, the NC General Contractor's license will be waived. Per G.S. 136-28.10, contract payment and performance bonds may be waived. For this project, the contract payment and performance bonds will be waived.
SELECTIVE TREE REMOVAL/TRIMMING PRE-QUALIFICATION
The Contractor performing the Tree Removal/Trimming (either as the prime contractor or as a subcontractor) will be required to be prequalified for the NCDOT Work Code "001651 Selective Tree Removal/Trimming".
TRAFFIC CONTROL PRE-QUALIFICATION
The Contractor performing the Work Zone Traffic Control (either as the prime contractor or as a subcontractor) will be required to be prequalified for the NCDOT Work Code "001105 Work Zone Traffic Control Devices".
Note: The Contractor performing Work Zone Traffic Control shall have a minimum of one (1) NCDOT Certified Work Zone Supervisor. In order to become a Certified Work Zone Supervisor see information found at: . At no time during the contract is the Contractor to be without a NCDOT Certified Work Zone Supervisor.
GENERAL CONTRACTORS LICENSING REQUIREMENTS
A General Contractors license is not required to bid or perform work on this project.
INTERESTED PARTIES LIST NOT REQUIRED:
Revise the Standard Specifications as follows:
The Interested Parties List sign up process is not applicable to this contract.
Page 1-13, Article 102-3 PROPOSALS AND INTERESTED PARTIES LIST, lines 12-15, delete the first paragraph.
Page 1-14, Article 102-8 PREPARATION AND SUBMISSION OF BIDS, lines 43-44, delete the first sentence of the first paragraph.
CONTRACT TIME FOR ID/IQ:
The date of availability for this contract is September 1, 2026.
The completion date for this contract is August 31, 2027.
Except where otherwise provided by the contract, observation periods required by the contract will not be a part of the work to be completed by the completion date and/or intermediate contract times stated in the contract. The acceptable completion of the observation periods that extend beyond the final completion date shall be a part of the work covered by the performance and payment bonds.
Work shall be accomplished in a continuous manner once the contractor begins.
The liquidated damages for this contract will be assessed per the Mobilization and Liquidated Damages for ID/IQ provision located elsewhere in this contract.
INTERMEDIATE CONTRACT TIME NUMBER 1 AND LIQUIDATED DAMAGES:
The Contractor will be notified in writing by the Engineer of job location and scope. Projects will be assigned on an as needed basis by the Engineer or his duly authorized representative. The Contractor will be required to pursue the work in a continuous and uninterrupted manner from the time he begins work until completion and acceptance of the work. Failure to begin work within 14 days of notification for each routine project or failure to pursue work in a continuous and uninterrupted manner may result in cancellation of the Contract.
Liquidated damages for this contract are One Hundred Dollars ($100.00) per calendar day for each calendar day when the Contractor fails to report to the project, which begins 14 days after initial notification, or does not pursue work in a continuous and uninterrupted manner as required by the Division Roadside Environmental Engineer.
INTERMEDIATE CONTRACT TIME NUMBER 2 AND LIQUIDATED DAMAGES:
For Emergency Response, the Contractor will be notified (by phone, text and/or email) by the Engineer of job location and scope. The Contractor must respond, cut, and remove trees from the right of way within forty-eight (48) hours of notification.
Liquidated damages for this contract are Fifty Dollars ($50.00) per hour for each hour beyond forty-eight (48) hour from notification, when the Contractor fails to respond.
INTERMEDIATE CONTRACT TIME NUMBER 3 AND LIQUIDATED DAMAGES:
In the event the Contractor fails to remove all debris from the site within two (2) calendar days from the completion of tree cutting, liquidated damages in the amount of one hundred dollars ($100.00) per day will be charged against the Contractor for each calendar day beyond two days which he fails to complete debris removal.
Liquidated damages for removal of debris are One Hundred Dollars ($100.00) per calendar day.
INTERMEDIATE CONTRACT TIME NUMBER 4 AND LIQUIDATED DAMAGES:
Except for Emergency Response or as directed by the Engineer, the Contractor shall not perform any work on this contract during the following time restrictions:
DAY AND TIME RESTRICTIONS
All work on this contract must be accomplished during daylight hours. No night work is permitted. No work permitted on Saturdays or Sundays.
The Contractor shall not perform any work on this contract on or during holidays or holiday weekends, including the following schedules:
HOLIDAY AND HOLIDAY WEEKEND WORK RESTRICTIONS
1. For unexpected occurrence that creates unusually high traffic volumes, as directed by the Engineer.
2. For Christmas and New Year's Day, between the hours of 3:00 p.m. the Thursday before the week of Christmas and 8:30 a.m. January 2nd. If New Year's Day is on a Friday, Saturday, Sunday or Monday, then until 8:30 a.m. the following Tuesday.
3. For Martin Luther King Day, between the hours of 3:00 p.m. the day before and 8:30 a.m. the day after.
4. For Easter, between the hours of 3:00 p.m. Thursday and 8:30 a.m. Monday.
5. For Memorial Day, between the hours of 3:00 p.m. Friday and 8:30 a.m. Tuesday.
6. For Independence Day, between the hours of 3:00 p.m. the day before Independence Day and 8:30 a.m. the day after Independence Day.
If Independence Day is on a Friday, Saturday, Sunday or Monday, then between the hours of 3:00 p.m. the Thursday before Independence Day and 8:30 a.m. the Tuesday after Independence Day.
7. For Labor Day, between the hours of 3:00 p.m. Friday and 8:30 a.m. Tuesday.
8. For Veterans Day, between the hours of 3:00 p.m. the day before Veterans Day and 8:30 a.m. the day after Veterans Day.
9. For Thanksgiving Day, between the hours of 3:00 p.m. the Tuesday before Thanksgiving Day and 8:30 a.m. the Tuesday after Thanksgiving Day.
Holidays and holiday weekends shall include New Year's, Martin Luther King Day, Easter, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving, and Christmas. The Contractor shall schedule his work so no work is required during these periods, unless otherwise directed by the Engineer.
The liquidated damages are Five Hundred Dollars ($500.00) per hour.
AWARD OF CONTRACT
"The North Carolina 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 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 advertisement will be awarded to the lowest responsible bidder without discrimination on the ground of race, color, or national origin".
All eligible proposals will be evaluated and acceptance made of the bid judged in the discretion of the contracting agency to determine the lowest responsible bidder for the purpose intended. The Contracting Agency using its discretion, will determine whether a bidder is a "responsible" bidder. In determining whether a bidder is "responsible, the Contracting Agency will evaluate, the bid price, completeness and content of the bid, Bidder's related work experience, ability of the Bidder and staff to perform the services required, Bidder's past performance, references, and Bidder's financial stability. After opening bids and prior to award, the Contracting Agency may also seek supporting documentation prior to determining whether a bidder is a "responsible" bidder. No changes in bid price or price negotiations will be allowed after bids are opened and prior to an award. After the Contracting Agencies evaluation, the award of the contract, if awarded, will be made to the lowest responsible bidder. The lowest responsible bidder will be notified that his bid has been accepted and that he has been awarded the contract. Withdrawal of proposal will be allowed only under limited conditions. If a Bidder is awarded a contract, he/she will be expected to perform the work. Failure to perform may result in the Bidder being held in default of contract. In the event of default, the Department may, in its discretion, contact the next lowest responsible bidder to determine whether that next lowest responsible bidder is willing and able to complete the contract at its bid price.
All awards are final and are not subject to further review. Any formal complaints concerning awards should be made in writing to the Engineer.
BASIS OF AWARD
Quantities for this work are estimated and are not guaranteed. Determination of the apparent low bidder will be made by extending the unit prices quoted on the Bid Proposal Form.
Unit prices shall reflect actual costs; unbalanced bids may be rejected per the North Carolina Department of Transportation's Standard Specifications for Roads and Structures.
QUANTITIES ESTIMATED
The quantities shown on the itemized bid form are considered to be approximate only and are given as the basis for comparison of bids. For accounting purposes only a purchase order may contain quantity amounts and they SHALL NOT be construed as minimum quantities. Quantities shall be determined solely by the Department on an "as needed" basis. In the event of a conflict between any purchase orders and this proposal, this proposal shall control. An increase or decrease in quantities shall not be cause for an adjustment in unit prices.
NON-EXCLUSIVE CONTRACT
The Department may, as it deems to be in the best interest of the State and the Department of Transportation, execute more than one contract based on this proposal. The Contractor(s) understands and agrees, by signature on the Purchase Order Contract Bid Form, that this agreement does not constitute an exclusive contract. If awarded, the contracts will be executed with the lowest responsible bidders. The Department of Transportation reserves the right to make multiple awards for the services provided by this contract. Furthermore, the Department reserves the right to reject all bids received.
BOND REQUIREMENTS
The provisions of Articles 102-10 and 103-7 of the Standard Specifications for Roads and Structures are waived for this project. No bonds required.
PROGRESS AND PROSECUTION
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.
It is further the intent that the Contractor shall pursue the work diligently with workmen in sufficient numbers, abilities, and supervision, and with the equipment, materials, and methods of construction as may be required to complete the work described in the contract, or as may be amended, by the completion date and in accordance with Section 108 of the Standard Specifications.
The Contractor's vehicles and equipment shall not be parked within the State Highway System right of way overnight or at other times when work has been suspended unless approved by the Engineer, and in no case within 30 feet of the edge of pavement. The Engineer may designate specific locations for parking equipment.
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.
In the event that the Contractor's operations are suspended in violation of the above provisions, the sum of Five Hundred ($500.00) will be charged to the contractor for each and every calendar day that such suspension takes place. The said amount is hereby agreed upon as liquidated damages. 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 by the completion date.
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 Traffic Control Plans, 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.
The Contractor's vehicles and equipment shall not be parked within the State Highway System right of way overnight or at other times when work has been suspended unless approved by the Engineer, and in no case within 30 feet of the edge of pavement. The Engineer may designate specific locations for parking equipment.
Traffic Control will be incidental to the work, and will be included in the unit bid price for the other items included in the contract.
The liquidated damages for failing to place signs before commencement of operations is Two Hundred Fifty Dollars ($250.00) per incident. All signs shall be clean, legible, and in good condition as determined by the Engineer.
In addition, the Contractor shall incur immediate Liquidated Damages in the amount of Two Hundred Fifty Dollars ($250.00) each occurrence for failure to provide operational lighting and signing on all equipment as specified.
SAFETY VESTS
All Contractor's personnel, all subcontractors and their personnel, and any material suppliers and their personnel, must wear a reflective safety vest or outer garment meeting ANSI/ISEA 107-2004 Class 2 standards at all times while on the project.
Failure to comply with this provision may result in a fine of One Hundred Dollars ($100.00) for each occurrence.
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.
INSURANCE
The Contractor shall maintain all legally required insurance coverage, including without limitation, worker's compensation and vehicle liability, in the amounts required by law. Refer to Section 107-15 in the "Standard Specifications for Roads and Structures" for additional information.
RESPONSIBILITY FOR DAMAGE CLAIMS
In accordance with 107-14 of the Standard Specifications. The Contractor shall indemnify and save harmless the Board of Transportation and its members and the Department of Transportation and its officers, agents, and employees from all suits, actions, or claims of any character brought for any injury or damages received or sustained by any person, persons, or property by reason of any act of the Contractor, Subcontractor, its agents or employees, in the performance of the contract.
PAYMENT AND RETAINAGE
The Contractor may submit requests for partial payments 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 by the last day of the approved pay period.
Requests for payment shall be made by Contractor's Invoice. 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. The invoice shall be completely and legibly filled out with all appropriate information and shall be signed by an authorized representative of the Contractor.
All invoices shall be original and submitted to the Division Roadside Environmental Engineer for approval. Statements of all Subcontractor payments shall be included with invoices. These statements are to be submitted on the Subcontractor Payment Information Form (DBE-IS), they shall be original and in ink.
Payment will not be made until invoices and DBE-IS forms are received. Invoices should be received by the Department within 30 days of the completion of the work.
All requests for payment shall be submitted to:
Mr. Dennis Robertson
Division Roadside Environmental
N.C. Department of Transportation
427 Ocean Hwy. N.
Hertford, NC 27944
Due to the nature of the contract, no retainage will be withheld. However, the Department reserves the right to withhold payment for a specific location until after successful completion of the work as verified by the final inspection of that location.
All work or items, other than those listed on the Bid Form contained in the Contract Proposal, necessary to complete this work will be considered incidental in nature and no further compensation will be made.
Payment to the Contractor will be made only for the actual quantities of the various items that are completed and accepted in accordance with the terms of the contract. The advertised bid quantities are considered to be approximate only and are given as the basis for comparison of bids. The Department of Transportation may increase or decrease the quantity of any item or portion of the work as may be deemed necessary or expedient. Unless otherwise specified, all contract pay items will be produced, placed and paid in accordance with the Standard Specifications.
PROJECT SPECIAL PROVISIONS ID/IQ
SMALL BUSINESS ENTERPRISE (MULTI-YEAR MAINTENANCE CONTRACTS (ID/IQ)):
This contract is a multi-year contract let pursuant to the Small Business Enterprise provisions of N.C. General Statute 136-28.10. No minimum quantity of services is guaranteed to be awarded bidders under this contract. In accordance with N.C. General Statute 136-28.10, an award in a contract may be for an amount less but shall not exceed $1,000,000 per year. No payments in excess of this amount will be disbursed, in accordance with the Statute.
WORK ORDER ASSIGNMENT (MULTIPLE AWARDS) FOR ID/IQ:
Work orders will be assigned based on the lowest work order cost for the line items and estimated quantities necessary to complete the work order. Unit prices from each awarded contractor's bid will be used to determine the lowest cost for each work order. The assigned Contractor shall respond to the work order assignment with the anticipated start date, within three working days of notification unless noted otherwise. Failure on the part of the Contractor to reply within the specified time frame may be received as a rejection of the work order. If the Contractor with the lowest work order cost cannot complete the work within the time specified in the assignment, the Engineer may contact the Contractor with the next lowest work order cost. If that Contractor can complete the work within the time specified in the assignment, then the work order will be assigned to that contractor. If not, assignment of work order will continue in order of work order cost until all awarded Contractors have had a chance to accept the terms of the assignment.
For federal ID/IQ contracts, all work orders will be assigned via the Work Order Assignment form (Form IDIQ-1MA), and the Contractor is required to formally respond in writing for federal work orders within three working days, unless noted otherwise. The Work Order Assignment form will also be used for any state ID/IQ contract in which the estimated work order cost meets the threshold for Performance and Payment Bonds in accordance with the Bonding Requirements for ID/IQ provision found elsewhere in this contract. For state ID/IQ contracts in which the work order assignment doesn't meet the threshold for bonds, the Department has the option to use the Work Order Assignment Form or other methods for work order assignments as agreed upon by the Engineer and Contractor.
The Contractor shall be required to prosecute the work in a continuous and uninterrupted manner from the time they begin the work until completion and final acceptance of the work order. Multiple failures of the Contractor to mobilize and begin work on the work order within the agreed upon time frame or failure to complete the work within the given time frame may result in the Contractor being excluded from future work on this contract in accordance with the Standard Specifications.
MOBILIZATION AND LIQUIDATED DAMAGES FOR ID/IQ:
The Contractor shall mobilize to each location he is required to perform work. There will be no direct pay for Mobilization as it will be incidental to the other bid items. The only exception is if there is an Emergency Mobilization provision within the contract.
The Contractor will be provided a Work Order Assignment for each project with location(s), estimated quantities, and liquidated damages unless waived by the Engineer. Notification will be verbal followed by a faxed or emailed signed Work Order Assignment. There will be no minimum quantities for any line item associated with a particular mobilization. The Contractor shall complete the work identified on each Work Order Assignment.
The Contractor shall mobilize and complete the work within the time specified on the Work Order Assignment. Failure to complete the work by the completion date may result in the application of liquidated damages. Liquidated damage amounts will be based on the work order estimate and the liquidated damage table below.
RENEWAL OF CONTRACT (CPI PRICE ADJUSTMENT) FOR ID/IQ:
The Contractor shall submit a bid for one year. At the option of the Department, this contract may be extended for two additional periods of one year each (maximum (3) three years total). Each year shall have a limit of Five Million Dollars ($5,000,000.00).
The compensation payable to the contractor shall be fixed for the first twelve months of this contract. However, upon an application of renewal of the contract, or thirty days prior to the end of each contract period, the renewal contract may be adjusted to reflect the adjustment in the Consumer Price Index over the latest twelve month period as published by the US Bureau of Labor and Statistics at to be applied to new work order assignments. The Consumer Price Index for All Urban Consumers (CPI-U), US City Average, All Items, 1982-84=100, not seasonally adjusted will be used. If the amount of the requested adjustment is more than ten percent, the Department of Transportation reserves the right to cancel this contract.
CPI adjustment values can be determined using the calculator on the NCDOT Construction website.
This price escalation method will not be applied to items of work that are separately covered under commodity price escalation clauses. No other changes in the terms, conditions, etc. of this contract will be made when an extension to the contract is implemented. The Engineer will notify the Contractor in writing by 60 days if the contract may be extended. The Contractor must notify the Engineer in writing by 14 days of his acceptance or rejection of this offer. Failure on the part of the Contractor to reply will be received as a rejection of contract extension.
DISPUTE RESOLUTION PROCESS FOR ID/IQ:
If a question should arise on the contract or assignment of a work order, the contractor should notify the Engineer noted on the assignment documentation or the Division Engineer within 48 hours after the scheduled time of bid opening or work order assignment. The following should be included in the notification if applicable:
(A) the contract for which bids were solicited;
(B) the particular law, regulation, or contract specification violated;
(C) a detailed description of the alleged violation; and
(D) any other information deemed to be relevant.
Once the initial evaluation has been completed, the contractor may be asked to attend a meeting for further discussion and clarification.
Once a determination has been made, the contractor will be notified of the decision by the Division Engineer. If the decision does not meet the satisfaction of the contractor, they have 24 hours from the Division Engineer's notification to elevate the dispute to the Chief Engineer. The Chief Engineer will make the final decision and will not be subject to further review by NCDOT.
PROJECT SPECIAL PROVISIONS
ROADWAY
SELECTIVE TREE CUTTING
This contract is for cutting and removal of designated trees in the NCDOT right of way in Division 1, including the Counties of Bertie, Camden, Chowan, Currituck, Dare, Hertford, Hyde, Gates, Martin, Northampton, Pasquotank, Perquimans, Tyrrell, and Washington. The Roadside Environmental Engineer will notify the Contractor with a list of trees to be cut. Every effort will be made to provide at least one week worth of work per list and keep locations within one county per list. When notified that routine tree cutting is needed, the Contractor shall respond within fourteen (14) calendar days after notification.
The Contractor is to cut selected trees in their entirety from within the right of way in accordance with these specifications. Trees shall be cut as close to the ground as possible, leaving the shortest possible stump. The trunks of each tree shall be cut into lengths no longer than six (6) feet, shall be placed no closer than ten (10) feet from the edge of pavement and shall not be stacked. All tree limbs and brush shall be removed from the trunk and shall be cut into lengths no longer than six (6) feet, shall be placed no closer than ten (10) feet from the edge of pavement and shall not be stacked. Debris shall not be placed in a ditch. The Contractor must remove all cut trees and limbs from the right of way within 2 days of completion of cutting. Trees and limbs shall not be discarded on NCDOT right of way. The Contractor shall conduct his operations in such a manner to prevent injury to trees, shrubs, grass or legume ground cover, or other types of vegetation that are to remain growing, and to prevent damage to adjacent property.
The Contractor shall furnish all equipment in good operating condition and operated by properly trained and qualified personnel. The Contractor shall be responsible for all costs or charges incurred in the operation and maintenance of the equipment during the performance of this contract.
The Engineer will select and coordinate the locations for tree cutting work and provide notification to the Contractor. Contractor is to provide all transportation to and from work sites and is to provide all saws, safety equipment, and miscellaneous supplies, signs and equipment to insure safe, and efficient operation. All such equipment and supplies are to be considered incidental items and will not be pay items.
Removal and disposal of all trimmings, laps, brush, or debris produced by the above operation shall be the responsibility of the Contractor, or as determined by the Engineer. When chipping is used to dispose of trimmings, the Engineer may approve the spreading of chips along certain sections of highway right of way. All other debris must be removed from highway right of way before payment is made. No burning or burying of debris will be allowed on highway right of way.
Measurement and Payment
The quantities of selective tree cutting to be paid for will be the number of trees which have been cut as specified herein. Each tree cut will be paid for at the contract unit price for the pay item size applicable to the actual tree diameter, measured at a height of 4 feet 6 inches above the ground, as indicated in the following table. Tree diameters are determined by averaging the diameter of the tree at the widest and narrowest points.
Selective Tree Cutting - 6 to 12 inches Each
Selective Tree Cutting - 12 to 18 inches Each
Selective Tree Cutting - 18 to 24 inches Each
Selective Tree Cutting - 24 to 30 inches Each
Selective Tree Cutting - 30 to 36 inches Each
Selective Tree Cutting - 36 to 42 inches Each
Selective Tree Cutting - 42 to 48 inches Each
Selective Tree Cutting - 48 to 54 inches Each
EMERGENCY RESPONSE
When notified by the Engineer that Emergency Response tree cutting is required, the Contractor shall cut and remove trees from right of way within forty-eight (48) hours after notification. Compensation for responding to emergency cutting will be made on a per notification basis at the contract bid price for "Emergency Response Mobilization". There will be no minimum amount of work for emergency tree cutting notification or response. All other provisions of Selective Tree Cutting and Traffic Control and Work Zone Safety apply.
Measurement and Payment
Payment will be made under:
STUMP GRINDING
Description
The Contractor is to grind selected stumps to a minimum depth of six (6) inches below adjacent ground level. The Contractor shall conduct his operations in such a manner to prevent injury to trees, shrubs, grass or legume ground cover, or other types of vegetation that are to remain growing, and to prevent damage to adjacent property. Selected stumps may include but are not limited to the selected trees that have been cut as a part of this contract.
Measurement and Payment
The quantities of stump grinding to be paid for will be the number of stumps which have been ground as specified herein. Each stump ground shall be measured from the highest existing part of the stump. Pay item sizes for stump grinding are the same as for tree cutting and are defined in the above table.
Selective Stump Grinding - 6 to 12 inches Each
Selective Stump Grinding - 12 to 18 inches Each
Selective Stump Grinding - 18 to 24 inches Each
Selective Stump Grinding - 24 to 30 inches Each
Selective Stump Grinding - 30 to 36 inches Each
Selective Stump Grinding - 36 to 42 inches Each
Selective Stump Grinding - 42 to 48 inches Each
Selective Stump Grinding - 48 to 54 inches Each
TREE TRIMMING
The designated area for trimming will be as directed by the Engineer.
The Contractor shall cut, remove and dispose of all overhanging limbs to a height of eighteen feet (18') above the roadway and eight feet (8') from the outside edge of the travel lane. Limbs shall be cut in a manner as to prevent injury to the remaining tree. Broken branches shall be removed, and rough edges of scarred areas shaped and made smooth in accordance with the generally accepted horticultural practices. Debris may be chipped and allowed to stay on site if approved by the Engineer. Some sites, especially within municipal boundaries, are not conducive for chipping. Tree debris not in mulch form shall be removed from the right of way by the Contractor.
Tree Trimming will consist of providing a properly trained and qualified three (3) person crew, including foreman, capable of performing the work as required by this contract. Traffic Control, if needed, will be paid for separately and traffic control personnel are in addition to the three (3) person crew.
Tree trimming shall require the addition of a Bucket Truck.
Bucket Trucks shall have minimum operating reach of 50'. Each truck shall be properly licensed and shall meet all motor vehicle/motor carrier standards as required by law. Vehicle components shall be constructed and maintained in a manner to ensure structural integrity. Vehicles found to be structurally deficient will be removed from the project until repairs are made. Trucks shall be equipped with all necessary safety devices including an operable back up alarm. Vehicles found to be without a functional alarm will be removed from the project until repairs are made.
The Contractor shall furnish equipment of sufficient type, capacity, and quantity to perform trimming work safely and efficiently. This equipment shall include chainsaws and may include chippers, skid steers, tractors, excavators, or other approved equipment. This equipment is incidental.
The Contractor shall furnish all equipment in good operating condition and operated by properly trained and qualified personnel. The Contractor shall be responsible for all costs or charges incurred in the operation and maintenance of the equipment during the performance of this contract.
Measurement and Payment
Tree Trimming will be measured and paid in the actual number of hours worked for the three (3) person crew with Bucket Truck and Operator. The Contractor shall not be paid for down time due to meals, equipment failure, unsatisfactory weather, or any other conditions. Regular tree cutting of whole trees greater than 6 inches shall be completed before starting hourly tree trimming or after all hourly tree trimming is completed. Selective Tree Cutting and Tree Trimming should not be mixed.
Payment will be made under:
SIGN CLEARING
Clearing and Trimming
The work covered by this section includes clearing, trimming and debris removal as directed by the Engineer. The purpose is to clear vegetation in front and behind signs where necessary to achieve proper sight distance to the sign. See Attachment below for a diagram of the cut zone.
Trees and brush six (6) inches and under in size will be cleared flush with the ground. Debris must be disposed of in accordance with state, local, and federal requirements. Debris may be chipped and allowed to stay on site at the contractor's discretion.
Trees will be measured at a height of 4 feet 6 inches above the ground. Any trees larger than six (6) inches in size will be limbed up to the maximum height allowed by pole saw, then marked for removal later.
The Contractor shall furnish equipment of sufficient type, capacity, and quantity, to safely and efficiently, perform the mechanical clearing and trimming work. This equipment shall include chainsaws, pole saws, string trimmers and brush cutters with blades. It may include chippers.
The Contractor shall furnish all equipment in good operating condition and operated by properly trained and qualified personnel. The Contractor shall be responsible for all costs or charges incurred in the operation and maintenance of the equipment during the performance of this contract.
Measurement and Payment
Sign Clearing will be measured and paid by each sign completed, as approved by the Engineer.
Payment will be made under:
TRAFFIC CONTROL AND WORK ZONE SAFETY
Contractor performing Work Zone Traffic Control shall have a minimum of one (1) NCDOT Certified Work Zone Supervisor. At no time during the contract is the contactor to be without a NCDOT Certified Work Zone Supervisor. The NCDOT Certified Work Zone Supervisor must be on site during any traffic control activities that take place within the travel lane or otherwise alter the flow of traffic.
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 (Two-Lane) 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. Traffic Control may be required on Interstate and Freeway (Multi-Lane) locations that constitute only a shoulder closing without full lane closure.
The nature of the work is such that the traffic control may be required to setup multiple sites within a workday. Each site will be a separate payment (per each) but if the Contractor elects to set up and take down traffic control at the same site within the same work day all traffic control will be covered by the initial payment. Multiple trees at one location shall be covered by one lane or shoulder closure. Duplicate charges for traffic control at the same site on multiple days should be avoided.
All personnel when working in traffic areas or areas in close proximity to traffic shall wear an approved safety vest, or shirt or jacket and hat or helmet 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 sub-article 108-7(2) of the Standard Specifications.
When work is performed on multilane facilities in areas needing a full lane closure as determined by the Engineer, the Contractor shall provide a full lane closure in accordance with latest edition of the Manual on Uniform Traffic Control Devices. The price for Traffic Control - Multi-Lane will be full compensation for all costs of furnishing, installing, maintaining, relocating, and finally removing any and all Signs (portable, stationary, barricade, or detour), Barricades, Drums, Cones, Flashing Arrow Panels (FAP), Truck Mounted Impact Attenuators (TMIA), and all other traffic control devices required to safely perform the construction work and protect the public. This item will be applicable for each location when the Engineer authorizes a full lane closure. When a lane closure is required, tree work is not to begin until lane closure has been installed.
Payment will be made under:
Pay Item Pay Unit
Traffic Control - Multi-Lane Each
Traffic Control - Two-Lane Each
Traffic Control - Shoulder Closure Each
TEMPORARY traffic Control (TTC):
Maintain traffic in accordance with Divisions 10, 11 and 12 of the Standard Specifications and the following provisions:
Use a lane closure or slow moving operation to complete the work, as necessary, unless otherwise indicated. Refer to Standard Drawing No. 1101.02, 1101.11, 1110.01, 1110.02, 1130.01 1135.01 and 1180.01 of the Roadway Standard Drawings. Use a moving operation only if the minimum speed maintained at all times is 3 mph with no stops that narrow or close a lane of travel. If the moving operation is progressing slower than 3 mph at any time, install a lane closure. Maintain the existing traffic pattern at all times, except in the immediate work zone where lane closures are allowed as determined by the Engineer.
Refer to Standard Drawing No. 1101.02, 1101.03, 1101.04, 1101.05, 1101.11, 1110.01, 1110.02, 1115.01, 1130.01, 1135.01, 1145.01, 1150.01, 1165.01, and 1180.01 of the Roadway Standard Drawings when closing a lane of travel in a stationary work zone. Properly ballasted cones and skinny drums may be used instead of drums. However, drums are required for the upstream taper portion of lane closures in all applications. The stationary work zone shall be a maximum of 1 mile in length at any given time on 2 Lane, 2 Way facilities unless otherwise approved by the Engineer. A pilot vehicle operation may be used in conjunction with flaggers and the appropriate pilot vehicle warning signing as directed by the Engineer. During periods of construction inactivity, return the traffic pattern to the existing alignment and remove or cover any work zone signs. When covering work zone signs, use an opaque material that prevents reading of the sign at night by a driver using high beam headlights. Use material, which does not damage the sign sheeting. Replace any obliterated markings as required by other sections of the Standard Specifications and the Engineer.
When personnel and/or equipment are working on the shoulder adjacent to and within 5 feet of an open travel lane, close the nearest open travel lane using Standard Drawing No. 1101.02 of the Roadway Standard Drawings. When personnel and/or equipment are working within a lane of travel of an undivided facility, close the lane according to the Roadway Standard Drawings or as directed by the Engineer. Conduct the work so that all personnel and/or equipment remain within the closed travel lane. Do not work simultaneously, on both sides of an open travel way, within the same location, on a two-lane, two-way road. Perform work only when weather and visibility conditions allow safe operations as directed by the Engineer.
When utilizing a slow-moving operation, as a minimum the slow moving operation caravan shall consist of the vehicles and devices shown on the Moving Operation Caravan Details according to Roadway Standard Drawing No. 1101.02, sheet 11 of the Roadway Standard Drawings. Traffic cones may be used when necessary to provide additional protection of wet pavement markings. Ballast all traffic cones so they will not be blown over by traffic.
EQUIPMENT REQUIREMENTS
The Contractor shall furnish equipment of sufficient type, capacity, and quantity to safely and efficiently perform the work. All vehicles used by the Contractor must be performance worthy by visual and operational inspection. The Contractor shall display and telephone number the company name on each piece of equipment.
All vehicles, including trailers, used in the removal operation should be properly equipped with lighting per Roadway Standard Drawing 1165.01 Sheet 1 of 1. Trailers shall have rear mounted strobe lights, mounted as high as possible to enhance visibility.
The Contractor shall be responsible for the equipment provided in this contract at all times and at all locations during the term of the contract. The Contractor shall have no claim against the Department of Transportation for any expense involving damage or loss to the Contractor's equipment (including vandalism, theft, fire and acts of God, etc.) arising out of, or relating to, work performed under this contract.
The safety of the public and the convenience of traffic shall be regarded as prime importance. The Contractor shall operate the equipment in a safe manner so as not to create a hazard to the traveling public. Crossing lanes of traffic and erratic driving will be strictly prohibited.
Signs, lights, safety, and other traffic control items are not a pay item, but are considered incidental to other contract items and the Contractor is expected to provide these items.
EQUIPMENT IDLING GUIDELINES:
Exercise reduced fuel consumption and reduced equipment emissions during the construction of all work associated with this contract. Employees engaged in the construction of this project should turn off vehicles when stopped for more than thirty (30) minutes and off-highway equipment should idle no longer than fifteen (15) consecutive minutes.
These guidelines for turning off vehicles and equipment when idling do not apply to:
Idling when queuing.
Idling to verify the vehicle is in safe operating condition.
Idling for testing, servicing, repairing or diagnostic purposes.
Idling necessary to accomplish work for which the vehicle was designed (such as operating a crane, mixing concrete, etc.).
Idling required to bring the machine system to operating temperature.
Emergency vehicles, utility company, construction, and maintenance vehicles where the engines must run to perform needed work.
Idling to ensure safe operation of the vehicle.
Idling when the propulsion engine is providing auxiliary power for other than heating or air conditioning. (such as hydraulic systems for pavers)
When specific traffic, safety, or emergency situations arise.
If the ambient temperature is less than 32 degrees Fahrenheit. Limited idling to provide for the safety of vehicle occupants (e.g. to run the heater).
If the ambient temperature is greater than 90 degrees Fahrenheit. Limited idling to provide for the safety of vehicle occupants of off-highway equipment (e.g. to run the air conditioning) no more than 30 minutes.
Diesel powered vehicles may idle for up to 30 minutes to minimize restart problems.
Any vehicle, truck, or equipment in which the primary source of fuel is natural gas or electricity is exempt from the idling limitations set forth in this special provision.
BASIS OF PAYMENT
Bid prices and payments will be full compensation for all work, including but not limited to supervision, labor, transportation, fuels, lubricants, repair parts, equipment, machinery, tools, and dumping fees, necessary for the prosecution and completion of the work. Payments will be made to the Contractor for work accomplished and accepted.
Payment for these items will be made for as follows:
Pay Item Pay Unit
Selective Tree Cutting - 6 to 12 inches Each (EA)
Selective Tree Cutting - 12 to 18 inches Each (EA)
Selective Tree Cutting - 18 to 24 inches Each (EA)
Selective Tree Cutting - 24 to 30 inches Each (EA)
Selective Tree Cutting - 30 to 36 inches Each (EA)
Selective Tree Cutting - 36 to 42 inches Each (EA)
Selective Tree Cutting - 42 to 48 inches Each (EA)
Selective Tree Cutting - 48 to 54 inches Each (EA)
Emergency Response Mobilization Each (EA)
Selective Stump Grinding - 6 to 12 inches Each (EA)
Selective Stump Grinding - 12 to 18 inches Each (EA)
Selective Stump Grinding - 18 to 24 inches Each (EA)
Selective Stump Grinding - 24 to 30 inches Each (EA)
Selective Stump Grinding - 30 to 36 inches Each (EA)
Selective Stump Grinding - 36 to 42 inches Each (EA)
Selective Stump Grinding - 42 to 48 inches Each (EA)
Selective Stump Grinding - 48 to 54 inches Each (EA)
Tree Trimming with Bucket Truck Hour (HR)
Sign Clearing Each (EA)
Traffic Control Multi Lane Each (EA)
Traffic Control Two Lane Each (EA)
Traffic Control Shoulder Closure Each (EA)
STANDARD SPECIAL PROVISIONS
AVAILABILITY OF FUNDS - TERMINATION OF CONTRACTS
General Statute 143C-6-11. (h) Highway Appropriation is hereby incorporated verbatim in this contract as follows:
(h) Amounts Encumbered. - Transportation project appropriations may be encumbered in the amount of allotments made to the Department of Transportation by the Director for the estimated payments for transportation project contract work to be performed in the appropriation fiscal year. The allotments shall be multiyear allotments and shall be based on estimated revenues and shall be subject to the maximum contract authority contained in General Statute 143C-6-11(c). Payment for transportation project work performed pursuant to contract in any fiscal year other than the current fiscal year is subject to appropriations by the General Assembly. Transportation project contracts shall contain a schedule of estimated completion progress, and any acceleration of this progress shall be subject to the approval of the Department of Transportation provided funds are available. The State reserves the right to terminate or suspend any transportation project contract, and any transportation project contract shall be so terminated or suspended if funds will not be available for payment of the work to be performed during that fiscal year pursuant to the contract. In the event of termination of any contract, the contractor shall be given a written notice of termination at least 60 days before completion of scheduled work for which funds are available. In the event of termination, the contractor shall be paid for the work already performed in accordance with the contract specifications.
Payment will be made on any contract terminated pursuant to the special provision in accordance with Subarticle 108-13(D) of the Standard Specifications.
AUTHORITY OF THE ENGINEER
The Engineer for this project shall be the Division Engineer, Division of Highways, North Carolina Department of Transportation, for the Division in which the project is located, acting directly for through his duly authorized representatives.
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. He shall have the authority to alter priorities in order to address special needs of the Department. His decision shall be final and he shall have executive authority to enforce and make effective such decisions and orders as the Contractor fail to carry out promptly.
MINIMUM WAGES
FEDERAL: The Fair Labor Standards Act provides that with certain exceptions every employer shall pay wages at the rate of not less than SEVEN DOLLARS TWENTY FIVE CENTS ($7.25) per hour.
STATE: The North Carolina Minimum Wage Act provides that every employer shall pay to each of his employees, wages at a rate of not less than SEVEN DOLLARS TWENTY FIVE CENTS ($7.25) per hour.
The minimum wage paid to all skilled labor employed on this contract shall be SEVEN DOLLARS TWENTY FIVE CENTS ($7.25) per hour.
The minimum wage paid to all intermediate labor employed on this contract shall be SEVEN DOLLARS TWENTY FIVE CENTS ($7.25) per hour.
The minimum wage paid to all unskilled labor on this contract shall be SEVEN DOLLARS TWENTY FIVE CENTS ($7.25) per hour.
This determination of the intent of the application of this act to the contract on this project is the responsibility of the Contractor.
The Contractor shall have no claim against the Department of Transportation for any changes in the minimum wage laws, Federal or State. It is the responsibility of the Contractor to keep fully informed of all Federal and State Laws affecting his contract.
EROSION CONTROL
The Contractor shall exercise every reasonable precaution throughout the life of the project to prevent erosion and siltation.
WORK ZONE SIGNING
Description
Install and maintain signing in accordance with Divisions 11 and 12 of the Standard Specifications, the Roadway Standard Drawings and the following provisions:
The Contractor shall be responsible for all signs and signing.
WORK ZONE INSTALLER:
Revise the Standard Specifications as follows:
Page 11-4, Article 1101-14 WORK ZONE INSTALLER, lines 25-26, delete the first sentence of the first paragraph and replace with the following:
When temporary traffic control consists of more than flagging operations, the Contractor shall provide the service of at least one qualified work zone installer during the setup, installation, and removal of temporary traffic control within the highway right of way.
PLANT AND PEST QUARANTINES
(Imported Fire Ant, Guava Root Knot Nematode, Spongy Moth (formerly known as gypsy moth), Witchweed, Cogon Grass, And Any Other Regulated Noxious Weed or Plant Pest)
Within Quarantined Area
This project may be within a county regulated for plant and/or pests. If the project or any part of the Contractor's operations is located within a quarantined area, thoroughly clean all equipment prior to moving out of the quarantined area. Comply with federal/state regulations by obtaining a certificate or limited permit for any regulated article moving from the quarantined area.
Originating in a Quarantined County
Obtain a certificate or limited permit issued by the N.C. Department of Agriculture/United States Department of Agriculture. Have the certificate or limited permit accompany the article when it arrives at the project site.
Contact
Contact the N.C. Department of Agriculture/United States Department of Agriculture at 1-800-206-9333, 919-707-3730, or to determine those specific project sites located in the quarantined area or for any regulated article used on this project originating in a quarantined county.
Regulated Articles Include
Soil, sand, gravel, compost, peat, humus, muck, and decomposed manure, separately or with other articles. This includes movement of articles listed above that may be associated with cut/waste, ditch pulling, and shoulder cutting.
Plants with roots including grass sod.
Plant crowns and roots.
Bulbs, corms, rhizomes, and tubers of ornamental plants.
Hay, straw, fodder, and plant litter of any kind.
Clearing and grubbing debris.
Used agricultural cultivating and harvesting equipment.
Used earth-moving equipment.
Any other products, articles, or means of conveyance of any character, if determined by an inspector present a hazard of spreading imported fire ant, guava root knot nematode, spongy moth (formerly known as gypsy moth), witchweed, cogon grass, or other regulated noxious weed or plant pest.
BANKRUPTCY
The Department of Transportation, at its option, may terminate the contract upon filing by the Contractor of any petition for protection under the provisions of the Federal Bankruptcy Act.
SUBLETTING OF CONTRACT
If a Contractor desires to sublet any work, written consent must be given by the Engineer. The approval of any subcontract will not release the Contractor of liability under the contract, nor will the subcontractor or the second tier subcontractor have any claim against NCDOT by reason of the approval of the subcontract.
DEBARMENT STATEMENT
The Contractor certifies and understands that by his/her signature on the Bid Form that he/she and the contracting firm he/she represents has not been banned, debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency.
DEFAULT OF CONTRACT
The Department of Transportation shall have the right to declare a 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.
COOPERATION BETWEEN CONTRACTORS
The Department reserves the right at any time to contract for and perform other or additional work on or near the work covered by the contract. When separate or additional contracts are let within the limits of any one project, each Contractor shall conduct his work so as not to interfere with or hinder the progress or completion of the work being performed by other Contractors. Contractors working within the limits of the same project shall cooperate with each other. Each Contractor shall conduct his operations in such a manner as to avoid damaging any work being performed by others or which others have completed.
NO SPECIALTY ITEMS:
None of the items included in this contract will be specialty items (see Article 108-6 of the Standard Specifications).
UTILITY CONFLICTS
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.
DRIVEWAYS AND PRIVATE PROPERTY
The Contractor shall maintain access to driveways for all residents, businesses, and property owners throughout the life of the project. The Contractor shall not perform work for private citizens or agencies in conjunction with this project or within the project limits of this contract.
OUTSOURCING OUTSIDE THE USA
All work on consultant contracts, services contracts, and construction contracts shall be performed in the United States of America. No work shall be outsourced outside of the United States of America.
Outsourcing for the purpose of this provision is defined as the practice of subcontracting labor, work, services, staffing, or personnel to entities located outside of the United States.
The North Carolina Secretary of Transportation shall approve exceptions to this provision in writing.
TITLE VI AND NONDISCRIMINATION:
The North Carolina Department of Transportation is committed to carrying out the U.S. Department of Transportation's policy of ensuring nondiscrimination in the award and administration of contracts.
The provisions of this section related to United States Department of Transportation (US DOT) Order 1050.2A, Title 49 Code of Federal Regulations (CFR) part 21, 23 United States Code (U.S.C.) 140 and 23 CFR part 200 (or 49 CFR 303, 49 U.S.C. 5332 or 49 U.S.C. 47123) are applicable to all North Carolina Department of Transportation (NCDOT) contracts and to all related subcontracts, material supply, engineering, architectural and other service contracts, regardless of dollar amount. Any Federal provision that is specifically required not specifically set forth is hereby incorporated by reference.
Title VI Assurances (USDOT Order 1050.2A, Appendix A)
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows:
Compliance with Regulations
The contractor (hereinafter includes consultants) shall comply with the Acts and the Regulations relative to Nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation, Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.
Nondiscrimination
The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21.
Solicitations for Subcontractors, Including Procurements of Materials and Equipment
In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to Nondiscrimination on the grounds of race, color, or national origin.
Information and Reports
The contractor shall provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor shall so certify to the Recipient or the FHWA, as appropriate, and shall set forth what efforts it has made to obtain the information.
Sanctions for Noncompliance:
In the event of a contractor's noncompliance with the Non-discrimination provisions of this contract, the Recipient will impose such contract sanctions as it and/or the FHWA may determine to be appropriate, including, but not limited to:
Withholding payments to the contractor under the contract until the contractor complies; and/or
Cancelling, terminating, or suspending a contract, in whole or in part.
Incorporation of Provisions
The contractor shall include the provisions of paragraphs (a) through (f) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor shall take action with respect to any subcontract or procurement as the Recipient or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States.
Title VI Nondiscrimination Program (23 CFR 200.5(p))
The North Carolina Department of Transportation (NCDOT) has assured the USDOT that, as a condition to receiving federal financial assistance, NCDOT will comply with Title VI of the Civil Rights Act of 1964 and all requirements imposed by Title 49 CFR part 21 and related nondiscrimination authorities to ensure that no person shall, on the ground of race, color, national origin, limited English proficiency, sex, age, or disability (including religion/creed or income-level, where applicable), be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any programs, activities, or services conducted or funded by NCDOT. Contractors and other organizations under contract or agreement with NCDOT must also comply with Title VI and related authorities, therefore:
During the performance of this contract or agreement, contractors (e.g., subcontractors, consultants, vendors, prime contractors) are responsible for complying with NCDOT's Title VI Program. Contractors are not required to prepare or submit Title VI Programs. To comply with this section, the prime contractor shall:
Post NCDOT's Notice of Nondiscrimination and the Contractor's own Equal Employment Opportunity (EEO) Policy in conspicuous locations accessible to all employees, applicants and subcontractors on the jobsite.
Physically incorporate the required Title VI clauses into all subcontracts on federally-assisted and state-funded NCDOT projects, and ensure inclusion by subcontractors into all lower-tier subcontracts.
Required Solicitation Language. The Contractor shall include the following notification in all solicitations for bids and requests for work or material, regardless of funding source:
"The North Carolina Department of Transportation, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. In accordance with other related nondiscrimination authorities, bidders and contractors will also not be discriminated against on the grounds of sex, age, disability, low-income level, creed/religion, or limited English proficiency in consideration for an award."
Physically incorporate the FHWA-1273, in its entirety, into all subcontracts and subsequent lower tier subcontracts on Federal-aid highway construction contracts only.
Provide language assistance services (i.e., written translation and oral interpretation), free of charge, to LEP employees and applicants. Contact NCDOT OCR for further assistance, if needed.
For assistance with these Title VI requirements, contact the NCDOT Title VI Nondiscrimination Program at 1-800-522-0453.
Subrecipients (e.g. cities, counties, LGAs, planning organizations) may be required to prepare and submit a Title VI Plan to NCDOT, including Title VI Assurances and/or agreements. Subrecipients must also ensure compliance by their contractors and subrecipients with Title VI. (23 CFR 200.9(b)(7))
If reviewed or investigated by NCDOT, the contractor or subrecipient agrees to take affirmative action to correct any deficiencies found within a reasonable time period, not to exceed 90 calendar days, unless additional time is granted by NCDOT. (23 CFR 200.9(b)(15))
The Contractor is responsible for notifying subcontractors of NCDOT's External Discrimination Complaints Process.
Applicability
Title VI and related laws protect participants and beneficiaries (e.g., members of the public and contractors) from discrimination by NCDOT employees, subrecipients and contractors, regardless of funding source.
Eligibility
Any person-or class of persons-who believes he/she has been subjected to discrimination based on race, color, national origin, Limited English Proficiency (LEP), sex, age, or disability (and religion in the context of employment, aviation, or transit) may file a written complaint. The law also prohibits intimidation or retaliation of any sort.
Time Limits and Filing Options
Complaints may be filed by the affected individual(s) or a representative and must be filed no later than 180 calendar days after the following:
The date of the alleged act of discrimination; or
The date when the person(s) became aware of the alleged discrimination; or
Where there has been a continuing course of conduct, the date on which that conduct was discontinued or the latest instance of the conduct.
Title VI and related discrimination complaints may be submitted to the following entities:
North Carolina Department of Transportation, Office of Civil Rights, Title VI Program, 1511 Mail Service Center, Raleigh, NC 27699-1511; toll free 1-800-522-0453
Federal Highway Administration, North Carolina Division Office, 310 New Bern Avenue, Suite 410, Raleigh, NC 27601, 919-747-7010
US Department of Transportation, Departmental Office of Civil Rights, External Civil Rights Programs Division, 1200 New Jersey Avenue, SE, Washington, DC 20590; 202-366-4070
Format for Complaints
Complaints must be in writing and signed by the complainant(s) or a representative, and include the complainant's name, address, and telephone number. Complaints received by fax or e-mail will be acknowledged and processed. Allegations received by telephone will be reduced to writing and provided to the complainant for confirmation or revision before processing. Complaints will be accepted in other languages, including Braille.
Discrimination Complaint Form
Contact NCDOT Civil Rights to receive a full copy of the Discrimination Complaint Form and procedures.
Complaint Basis
Allegations must be based on issues involving race, color, national origin (LEP), sex, age, disability, or religion (in the context of employment, aviation or transit). "Basis" refers to the complainant's membership in a protected group category.
Pertinent Nondiscrimination Authorities
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities, including, but not limited to:
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), (prohibits discrimination on the basis of sex);
Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR Part 27;
The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
Airport and Airway Improvement Act of 1982, (49 USC 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);
(g) The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);
(h) Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38;
(i) The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);
(j) Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;
(k) Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
(l) Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
(m) Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq., Pub. L. 88-352), (prohibits employment discrimination on the basis of race, color, religion, sex, or national origin).
Additional Title VI Assurances
**The following Title VI Assurances (Appendices B, C and D) shall apply, as applicable
Clauses for Deeds Transferring United States Property (1050.2A, Appendix B)
The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4.
NOW, THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the North Carolina Department of Transportation (NCDOT) will accept title to the lands and maintain the project constructed thereon in accordance with the North Carolina General Assembly, the Regulations for the Administration of the Federal-Aid Highway Program, and the policies and procedures prescribed by the Federal Highway Administration of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the U.S Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the NCDOT all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto the North Carolina Department of Transportation (NCDOT) and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the NCDOT, its successors and assigns.
The NCDOT, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the NCDOT will use the lands and interests in lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended [, and (3) that in the event of breach of any of the above-mentioned nondiscrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said land, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].*
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.)
Clauses for Transfer of Real Property Acquired or Improved Under the Activity, Facility, or Program (1050.2A, Appendix C)
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the North Carolina Department of Transportation (NCDOT) pursuant to the provisions of Assurance 7(a):
The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add "as a covenant running with the land"] that:
In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations (as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities.
With respect to licenses, leases, permits, etc., in the event of breach of any of the above Nondiscrimination covenants, the NCDOT will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued. *
With respect to a deed, in the event of breach of any of the above Nondiscrimination covenants, the NCDOT will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the NCDOT and its assigns. *
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)
Clauses for Construction/Use/Access to Real Property Acquired Under the Activity, Facility or Program (1050.2A, Appendix D)
The following clauses will be included in deeds, licenses, permits, or similar instruments/ agreements entered into by the North Carolina Department of Transportation (NCDOT) pursuant to the provisions of Assurance 7(b):
The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, "as a covenant running with the land") that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishing of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance.
With respect to (licenses, leases, permits, etc.), in the event of breach of any of the above Non discrimination covenants, the NCDOT will have the right to terminate the (license, permit, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued. *
With respect to deeds, in the event of breach of any of the above Nondiscrimination covenants, the NCDOT will there upon revert to and vest in and become the absolute property of the NCDOT and its assigns. *
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)
PREPARATION AND SUBMISSION OF TRADITIONAL PAPER BIDS
As stated under "AWARD OF CONTRACT" above, the Engineer will evaluate the Bidder's proposal to determine the responsibility of the bid and insure compliance with contract. The Engineer, using his/her discretion, will determine whether a bidder is "responsible" and capable of performing the required work. The Bidder should demonstrate an understanding of the requirements of the contract, and that the requirements have been addressed in his/her bid to the satisfaction of the Engineer. The Bidder should demonstrate that he/she is capable of performing the required work under this contract, to the satisfaction of the Engineer.
PLEASE READ ALL INSTRUCTIONS CAREFULLY
BEFORE PREPARING AND SUBMITTING YOUR BID.
Paper bids shall be prepared and submitted in accordance with SSRS 102-8 and the following requirements. Failure to comply with any requirement may cause the bid to be irregular and may be grounds for rejection of the bid. Only the Bid Submittal Package pages and all signed addenda shall be submitted as your proposal. One (1) signed original and one (1) signed copy of the Bid Submittal Package and all signed addenda; shall be submitted as the Bidder's proposal.
1. The attached Bid Submittal Package (Bid Submittal Pages 1 of 15 through 15 of 15) furnished by the Department shall be used. The bid shall be submitted on the same proposal that has been furnished to the bidder by the Department. Copies of previous proposals shall be rejected. The Bidder shall provide the information requested on Bid Submittal Page 3 of 15 (use additional pages and/or attachments if needed).
2. All entries on the Contract Bid Form, including signatures shall be written in ink or typed.
3. The Bidder shall submit a unit price for each item listed in the Contract Bid Form. The Unit Price for the various contract items shall be written in figures. Unit Prices shall be rounded off by the Bidder to contain no more than TWO (2) decimal places.
4. An Amount Bid shall be entered in the Contract Bid Form for each item that a Unit Price has been entered. The Amount Bid for each item shall be determined by multiplying each Unit Price by the quantity for that item, and shall be written in figures in the Amount Bid column in the Contract Bid Sheet.
5. The total bid shall be written in figures in the Total Bid for Project section in the Contract Bid Form. The Total Bid for Project shall be determined by adding the Amount Bid for each item.
6. Changes to any entry shall be made by marking through the entry in ink and making the correct entry adjacent thereto in ink. A representative of the Bidder shall initial the change in ink. Do not use correction fluid, correction tape or similar product to make corrections.
7. The bid shall be properly executed on the included Execution of Bid - Non-collusion Affidavit, Debarment Certification and Gift Ban Certification form. All bids are to include the following information:
a. Name of corporation, partnership, limited liability company, joint venture, individual or firm, submitting bid.
Corporations that have a corporate seal should include it on the bid.
b. Name of individual or representative submitting bid and position or title held on behalf of the bidder.
c. Name, signature, and position or title of witness.
8. The bid shall not contain any unauthorized additions, deletions, or conditional bids.
9. The Bidder shall not add any provision reserving the right to accept or reject an award, or to enter into a contract pursuant to an award.
10. The Bid Submittal Package shall be placed in a sealed envelope and shall be delivered to and received in the DOT Purchasing Section by 2:00 pm on July 15, 2026 at the address indicated in the table below:
IMPORTANT NOTE: All paper bids shall be physically delivered to the office address listed above on or before the bid deadline in order to be considered timely, regardless of method of delivery (including U.S. mail). This is an absolute requirement. All risk of late arrival due to unanticipated delay - whether delivered by hand, U.S. Postal Service, courier or other delivery service is entirely on the Vendor. It is the sole responsibility of the Vendor to have the bid physically in this Office by the specified time and date of opening. The time of delivery will be marked on each bid when received, and any bid received after the bid submission deadline will be rejected. Sealed bids, subject to the conditions made a part hereof, will be received at the address indicated in the table in this Section, for furnishing and delivering the commodity or service as described herein.
Note that the U.S. Postal Service does not deliver mail to the specified office address but to the State's Mail Service Center. Vendors are cautioned that bids sent via U.S. Mail, including Express Mail, may not be delivered by the Mail Service Center to the agency's purchasing office on the due date in time to meet the bid deadline. All Vendors are urged to take the possibility of delay into account when submitting a bid.
All bids shall be submitted in a sealed envelope. Clearly mark each package with: (1) Vendor name; (2) the IFB number; and (3) the due date. Address the package(s) for delivery as shown in the table above.
Bids shall be marked on the outside of the sealed envelope with the Vendor's name, IFB number, and date and time of opening. If Vendor is submitting more than one bid, each bid shall be submitted in a separate sealed envelope and marked accordingly. For delivery purposes, separate sealed bids from a single Vendor may be included in the same outer package. Do not include bids for more than one solicitation in the same package.
Failure to address proposals correctly could result in delayed delivery service.
Opening of Bids
Bids subject to the conditions made a part hereof will be received until 2:00 pm on July 15, 2026 and then publicly opened for furnishing the services as described herein.
Opening of bids is to be in the NCDOT Transportation Building Complex located at 1 South Wilmington Street, Raleigh 27601.
NOTE: Parking at the Transportation Building Complex is limited. Arrive early!
BID SUBMITTAL PACKAGE
Tree Cutting, Trimming, Sign Clearing, and Stump Grinding Services as Needed
NCDOT Highway Division 1
Bertie, Camden, Chowan, Currituck, Dare, Hertford, Hyde, Gates, Martin, Northampton, Pasquotank, Perquimans, Tyrrell, and Washington Counties
DATE PROPOSAL
June 24, 2026 54-TJK-01-PR31880
CONTRACTING AGENCY
State of North Carolina
Department of Transportation
Raleigh, North Carolina
SMALL BUSINESS ENTERPRISE CONTRACT
This entire package (Bid Submittal Pages 1 of 16 through 16 of 16) is to be returned
as the contractor's bid and received by the Department of Transportation's
Purchasing Section prior to 2:00 PM, July 15, 2026.
Bidder: _____________________________________
Company Name
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
CONTRACT BID FORM
BID PROPOSAL NO.: 54-TJK-01-PR31880

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