TOWN OF CHAPEL HILL Orange County, North Carolina

Transcription

1 TOWN OF CHAPEL HILL Orange County, North Carolina ADVERTISEMENT, PROPOSAL, CONTRACT DOCUMENTS AND SPECIFICATIONS FOR: TIP No.: U-4726II FA No.: STPDA-0537(5) WBS No.: Prepared For: Town of Chapel Hill North Carolina Prepared By: Stewart Engineering, Inc. 421 Fayetteville Street, Suite 400 Raleigh, North Carolina, ADVERTISEMENT DATE: October 29, 2017

2 TOWN OF CHAPEL HILL PROJECT NAME: U-4726II DATE OF ADVERTISING: October 29, 2017 PRE-BID MEETING: 1:00 PM, November 6, 2017 DATE OF BID OPENING: 3:30 PM, November 20, 2017 NAME OF BIDDER: ADDRESS: NC. LICENSE NO.: BID DEPOSIT 5%: TOTAL BID: DBE PERCENTAGE: CONTRACTOR SIGNATURE: i

3 TABLE OF CONTENTS PROJECT MANUAL PAGE Advertisement... 1 Instructions to Bidders NCDOT.. 2 to 3 Instructions to Bidders Town of Chapel Hill.. 4 to 5 Procedure for Reporting North Carolina Sales Tax Expenditures 6 NCDOT Standard Notes.. 7 to 8 Revisions to the NCDOT 2012 Standard Specifications 9 Project Special Provisions Town of Chapel Hill SP-1 to SP-5 Project Special Provisions General SP-6 to SP-33 Project Special Provisions Roadway. SP-34 to SP-59 Project Special Provisions Work Zone Traffic Control... SP-60 to SP-66 Project Special Provisions Erosion Control.... SP-67 to SP-71 Standard Special Provisions.. SSP-1 to SSP-34 FORMS PAGE Schedule of Prices F-1 to F-3 Signature Sheet F-4 Town of Chapel Hill Contract with Contractor.. F-5 to F-10 Listing DBE Subcontractors F-11 to F-12 Execution of Bid, Non-Collusion Affidavit, Debarment Certification & Gift Ban Certification F-13 to F-18 Debarment Certificate.. F-19 to F-20 Bid Bond. F-21 to F-27 Payment Bond.. F-28 to F-36 Performance Bond F-37 to F-45 Letter of Intent to Perform as a Subcontractor F-46 Notice of Award. F-47 Notice to Proceed. F-48 Change Order F-49 Sales Tax Report.. F-50 Final Payment Affidavit F-51 Right of Entry. F-52 to F-55 ii

4 ADVERTISEMENT FOR BIDS Bid P Project Name: U-4726II Pursuant to the General Statutes of North Carolina, Section , sealed proposals are invited and will be received by the Town of Chapel Hill for the furnishing of all materials, labor, equipment and construction of the U-4726II, consisting of one contract having the following principal items: Approximately 1225 LF of existing four lane cement stabilization along Friday Center Drive from the intersection of NC-54 south. The project will include grading, paving, curb and gutter, traffic control, pavement markings, erosion control, inductive signal loops, and other related items as shown in the plans in accordance with these specifications and plans. All work shall be performed in accordance with the North Carolina Department of Transportation Standard Specifications for Roads and Structures dated January 2012 with all amendments and supplements. Sealed bids should be submitted to the attention of Ms. Zakia Alam, Town of Chapel Hill Business Management Department, Town Hall, 405 Martin Luther King Jr. Blvd., and marked QUOTATION FOR U-4726II and Town of Chapel Hill Project P Sealed bids will be received at the Town of Chapel Hill, First Floor Conference Room#102, 405 Martin Luther King Jr. Blvd., until 3:30 PM on November 20, 2017, at which time the BIDS will be publicly opened and read aloud. Complete BIDDING DOCUMENTS may be obtained at Any questions regarding this project may be addressed by contacting the Project Manager, Mr. Chris Roberts at Bidder Prequalification Bidders are required to be prequalified with NCDOT for their specific discipline. Please refer to Section of the NCDOT 2012 Standard Specifications. Contractors wishing to become prequalified may obtain information through the NCDOT website at A pre-bid meeting (not mandatory) for explanation of the project requirements will be conducted at the Town of Chapel Hill Library, Meeting Room C, 100 Library Drive, at 1:00 PM on, NOVEMBER 6, The TOWN OF CHAPEL HILL reserves the right to waive any informality, to reject any and all BIDS, and to award a contract which, in its judgment, is in the best interest of the Town of Chapel Hill. The BIDDER to whom a contract may be awarded shall fully comply with the requirements of all North Carolina General Statues governing the practice of general contracting and the procedures for letting of public contracts. A bid Security in the amount of five percent (5%) of the proposed overall bid amount must accompany each proposal in order to be considered. The Bid security may be in the form of cash, certified check or bank draft payable to the Town of Chapel Hill, a Bid Bond executed by the Bidder or an acceptable Surety Agency consented to conduct business in North Carolina. No Bid may be withdrawn for a period of sixty (60) days from the date of bid opening except as may be allowed under North Carolina General Statues. 1

5 INSTRUCTIONS TO BIDDERS Bid: P PLEASE READ ALL INSTRUCTIONS CAREFULLY BEFORE PREPARING AND SUBMITTING YOUR BID. All bids shall be prepared and submitted in accordance with the following requirements. Failure to comply with any requirement shall cause the bid to be considered irregular and shall be grounds for rejection of the bid. 1. The bid form furnished by Town of Chapel Hill with the proposal shall be used and shall not be altered in any manner. 2. All entries on the bid form, including signatures, shall be written in ink. 3. The Bidder shall submit a unit price for every item on the bid form. The unit prices for the various contract items shall be written in figures. ***Unit prices must be limited to TWO decimal places.*** 4. An amount bid shall be entered on the bid form for every item. The amount bid for each item shall be determined by multiplying each unit bid by the quantity for that item, and shall be written in figures in the "Amount Bid" column of the form. 5. The total amount bid shall be written in figures in the proper place on the bid form. The total amount shall be determined by adding the amounts bid for each item. 6. Changes in any entry shall be made by marking through the entry in ink and making the correct entry adjacent thereto in ink. A representative of the Bidder shall initial the change in ink. Do not use White Out or similar product to make corrections. 7. The bid shall be properly executed. All bids shall show the following information: a. Name of individual, firm, corporation, partnership, or joint venture submitting bid. b. Name of individual or representative submitting bid and position or title. c. Name, signature, and position or title of witness. d. Federal Identification Number e. Contractor's License Number (If available) 8. Bids submitted by corporations shall bear the seal of the corporation. 9. The bid shall not contain any unauthorized additions, deletions, or conditional bids. 10. The bidder shall not add any provision reserving the right to accept or reject an award, or to enter into a contract pursuant to an award. 2

6 11. THE PROPOSAL WITH THE BID FORM STILL ATTACHED SHALL BE PLACED IN A SEALED ENVELOPE AND SHALL HAVE BEEN DELIVERED TO AND RECEIVED IN THE TOWN HALL ATTN: MS. ZAKIA ALAM, TOWN OF CHAPEL HILL BUSINESS MANAGEMENT DEPARTMENT, 405 MARTIN LUTHER KING JR. BLVD., CHAPEL HILL, NORTH CAROLINA, BY 3:30 PM on NOVEMBER 20, The sealed bid must display the following statement on the front of the sealed envelope: QUOTATION FOR U 4726II and TOWN of CHAPEL HILL Project P If delivered by mail, the sealed envelope shall be placed in another sealed envelope and the outer envelope shall be addressed as follows TOWN OF CHAPEL HILL Attn: Ms. Zakia Alam Business Management Department 405 Martin Luther King Jr. Blvd

7 INSTRUCTIONS TO BIDDERS TOWN OF CHAPEL HILL BID: P Each proposal shall be submitted in a sealed envelope on the printed form, or exact copies thereof, contained in the Contract Documents. These proposals shall be plainly marked: U-4726II The envelope shall also be marked with the Bidders name, address, North Carolina contractor license number, and name and phone number of a contact person. All bids shall include the entire contract document bound as it was presented for bid, with applicable bidding information filled out. Do not remove section and resubmit. If mailed or delivers, the envelope shall show the date and time of the Bid Opening in order to guard against premature opening of the Bid. Address Delivery of Bids: US Postal Service Delivery (Street Address & Phone) Attn: Zakia Alam Attn: Zakia Alam Business Management Department Business Management Department Town of Chapel Hill Town of Chapel Hill 405 Martin Luther King Jr. Blvd. 405 Martin Luther King Jr. Blvd. Chapel Hill, NC Chapel Hill, NC Bids submitted by facsimile shall not be accepted. The Owner may consider non-responsive any Bid not prepared and submitted in accordance with the provisions hereof and may waive informalities or reject any and all Bids. Each proposal shall be accompanied by a Bid Bond payable to the Town of Chapel Hill for an amount of not less than five percent (5%) of the total amount bid; or in lieu of the Bid Bond, the bidder may offer a certified check in the amount of not less than five percent (5%) of the total amount bid. The Bids and bidder s bond or checks of all bidders may be held for a period of ninety (90) days pending award of the contract. Notification of award of contract shall be evidence of intent to contact and shall extend time for holding the contractor s bid surety for a time mutually agreed between the Town of Chapel Hill and the bidder. Each proposal is required to have a page providing references to include the company name, address, phone number, and contact name and position and the type of work completed. AWARDING 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 this advertisement will be awarded to the lowest responsible bidder without discrimination on the ground of race, color, or national origin. Award will be made to the lowest responsible and responsive Bidder for each Contract as soon as practicable, provided that in the selection of equipment or materials, a Contract may 4

8 be awarded to a responsible Bidder other than the lowest in the interest of standardization or if ultimate economy is clearly evident. Submission of Bids All spaces for lump sum and unit prices in the Bid Form shall be filled in with a number. Spaces left blank will be evaluated as zero ($0.00). Discrepancies between the multiplication of units of Work and Unit Prices will be resolved in favor of the Unit Prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. The award of the Contract, if it is awarded, will be to the lowest responsive, responsible bidder on the base bid whose qualifications indicate the award will be in the best interest of the Town of Chapel Hill. The Town of Chapel Hill reserves the right to waive technicalities and/or reject any or all bids. The Owner will not consider any bid or award of Contract to any person, firm, or corporation who has defaulted in any obligation to the Owner or who, in the opinion of the Owner, failed to perform their work satisfactorily, either as to character or time. A conditioned or qualified bid will not be accepted. Requirements for the submittal information will vary based on the complexity and importance of the product to the project as a whole. Submittals should be prepared in a concise and straightforward manner. Submittals shall clearly identify variances from the specifications. Products that clearly do not meet the requirements of the specifications and plans should not be submitted. Unless noted, products shall be the manufacturer's standard offering, with standard options. Incomplete submittals, or submittals received after the deadline, shall not be considered. The Owner and Engineer shall review all submitted questions and issue an Addendum to all document holders no later than 10 days prior to the bid opening date. The Project Manager for this project is Chris Roberts, Public Works Department, Town of Chapel Hill. All requests for interpretations related to this RFB must be submitted in writing to the Project Manager at croberts@townofchapelhill.org by November 7, All responses to timely submitted requests for interpretations will be published in the form of an addendum and ed to the pre-bid meeting attendees on November 9, Pre-approval of materials or equipment does not, in any manner, preclude the manufacturer from meeting the full requirements of the specifications, including any performance guarantees required, unless specific exceptions are noted in the pre-approval. No Post-Bid substitutions shall be permitted except as herein provided. A Performance Bond and a Payment Bond, each in the amount of one hundred percent (100%) of the contract price, with a corporate surety approved by the Town of Chapel Hill, will be required for the faithful performance of the contract. Bidders shall provide certification that performance and payment bond sureties are licensed in North Carolina. Minority Business participation must be documented and submitted with bids, please see contract documents for further direction. 5

9 PROCEDURE FOR REPORTING NORTH CAROLINA SALES TAX EXPENDITURES ON TOWN OF CHAPEL HILL CONTRACTS 1. The following procedure in handling the North Carolina Sales Tax is applicable to this project. Contractors shall comply fully with the requirements outlined hereinafter, in order that the owner may recover the amount of the tax permitted under the law. 2. (a) It shall be the general contractor's responsibility to furnish the owner documentary evidence showing the materials used and sales tax paid by the general contractor and each of his subcontractors. Any county sales tax included in the contractor s statements must be shown separately from the state sales tax. If more than one county is shown, each county shall be listed separately. (b) The documentary evidence shall consist of a certified statement, by the general contractor and each of his subcontractors individually, showing total purchases of materials from each separate vendor and total sales taxes by each county paid each vendor. The certified statement must show the invoice number(s) covered and inclusive dates of such invoices. State sales tax shall be listed separately from county sales tax. If more than one county is shown, each county shall be listed separately. (c) Materials used from general contractor's or subcontractor's warehouse stock shall be shown in a certified statement at warehouse stock prices. (d) The general contractor shall not be required to certify the subcontractor's statements. (e) The documentary evidence to be furnished to owners eligible for sales or use tax refunds covers sales and/or use taxes paid on building materials used by contractors and subcontractors in the performance of contracts with churches, orphanages, hospitals not operated for profit, educational institutions not operated for profit, and other charitable or religious institutions or organizations not operated for profit and incorporated cities, towns, and counties in this State. The documentary evidence is to be submitted to the above-named institutions, organizations, and governmental units to be included in claims for refunds to be prepared and submitted by them to obtain refunds provided by G.S and is to include the purchases of building materials, supplies, fixtures, and equipment which become a part of or annexed to buildings or structures being erected, altered, or repaired under contracts with such institutions, organizations or governmental units. 3. The contractor or contractors to whom an award is made on this project will be required to follow the procedure outlined above. 4. The contractor is advised that all requests for payment, partial or final, for work completed under this contract must include a sales tax report submitted in accordance with the procedures outlined above. 6

10 NCDOT STANDARD NOTES (Federal Aid) A. NCDOT Standard Specifications The 2012 North Carolina Department of Transportation Standard Specifications for Roads and Structures, herein referred to as the Standard Specifications, and the 2012 Roadway Standard Drawings, shall apply to all portions of this project except as may be modified by this document. B. Bidder Prequalification - Bidders are required to be prequalified with NCDOT for their specific discipline. Contractors wishing to become prequalified may obtain information through the NCDOT website at: C. Disadvantaged Business Enterprise References - Since this is a Federal-aid project with DBE participation, only those requirements and goals set forth by NCDOT Goal Setting Committee are applicable. References to any other requirements or to N.C. General Statute shall not apply to this project. Refer to Special Provision SP1 G63. D. Award of Contract - The contract will be awarded to the lowest responsible, responsive bidder. Alternate items will not be considered in determining the low bidder and will only be evaluated after the award of the contract is made. E. Contractor Licensing On all Federal-aid contracts, non-licensed contractors are permitted to submit bids, however they must be licensed prior to performing any work. Bidders are permitted 60 days, after bid opening, to become licensed by the North Carolina Licensing Board. If they fail to do so within 60 days, their bid will be considered non-responsive and will be rejected. If the successful bidder does not hold the proper license to perform any plumbing, heating, air conditioning, or electrical work in this contract, he will be required to sublet such work to a contractor properly licensed in accordance with Article 2 of Chapter 87 of the General Statutes (licensing of heating, plumbing, and air conditioning contractors) and Article 4 of Chapter 87 of the General Statutes (licensing of electrical contractors). F. Bonds - Please note that all Bid Bonds, Payment Bonds, and Performance Bonds required for this project, shall be those found on the NCDOT website. The bonds are located at: Bid Bonds (M-5): t/04%20bid%20bonds.doc Payment Bonds (M-6): t/05%20payment%20bonds.doc Performance Bonds (M-7): t/06%20performance%20bonds.doc 7

11 G. Liability Insurance In addition to any insurance requirements as may be required by the LGA, the Contractor is obligated to comply with Article of the Standard Specifications including the dollar limits set forth. H. Buy America This project shall be governed by the Buy America requirements, for the use of domestic steel and iron products, as outlined in the Standard Specifications and Special Provision SP1 G120. I. Proprietary Items - When a proprietary (brand name) product, whether material, equipment or procedure, are specified in the plans or specifications, they are used only to denote the style, type, character, and quality desired of the product. They do not restrict the bidder from proposing other brands, makes, or manufacturers, which are determined to be of equal quality. The approval, or disapproval of those products, will be made by the Engineer prior to allowing those product(s) or material(s) to be incorporated into the work. J. Retainage by LGAs The LGA for this contract will not retain any amount or percentage from progress payments or final estimates due the contractor. Retainage by Contractors Contractors are NOT permitted to retain any amount or percentage from monies due their subcontractors or material suppliers on federally funded projects except as permitted by Subarticle 109-4(B) of the Standard Specifications. K. Traffic Control The requirements of the Manual on Uniform Traffic Control Devices (MUTCD) FHWA, as amended by the NCDOT Supplement to MUTCD, shall apply. Traffic Control, both vehicular and pedestrian, shall be maintained throughout the project as required by these specifications as modified by the project plans or special provisions. 8

12 REVISIONS TO THE NCDOT 2012 STANDARD SPECIFICATIONS: 1. Article Delete this section in its entirety. 2. Subarticle 102 8(B) Electronic Bids Delete this section in its entirety. 3. Subarticle In line 7 of the first paragraph on page 1 18, 60 days shall be modified to 90 days. 4. Subarticle (A) Paper Bids In line 5 the reference to Contract Officer shall be changed to Town or their duly authorized agent. 5. Subarticle (B) Electronic Bids Delete this section in its entirety. 6. Subarticle 103 2(B) Electronic Bids Delete this section in its entirety. 7. Subarticle 103 3(A) Criteria for Withdrawal of Bid Modify the reference G.S to G.S In that same subarticle under (5), in the line 28, modify State Contract Officer to Town or their duly authorized agent. 8. Article In the first sentence, modify 14 calendar days to 10 per G.S Article In the first sentence, modify 14 calendar days to 10 per G.S Article Construction Stakes, lines and Grades The Municipality will not set the stakes, lines or grades for this project. 11. Article In line 11, change the word entity to municipality. 12. Article Add the following requirement to this article after line 16 on page 1 65, The municipality may add additional requirements as noted in the bid proposal. 13. Article Change Division Engineer in line 18, to Town or their duly authorized agent. 14. Article Change Resident Engineer in line 26 to Town or their duly authorized agent. 15. Article Delete this article in its entirety. Fuel Price Adjustments will not apply to this project. 16. Article Delete line 3 through 27 on page Asphalt Price Adjustments will not apply to this project. 9

13 PROJECT SPECIAL PROVISIONS TOWN OF CHAPEL HILL The following items are project specific and shall supersede any other conflicting portion of these contract documents. Conform to the requirements of the pay items included in these Technical Specifications. All other pay items are included in the NCDOT Standard Specifications and must be conformed to as described in those specifications unless modified herein. In the event of a conflict between these technical specifications and the NCDOT Standard Specifications these Technical Specifications shall govern. General Mobilization (which includes demobilization) shall not exceed 5% of the project cost and shall be paid for as lump sum unit price in accordance with Section 800 of NCDOT Standard Specifications for Roads and Structures. Unless otherwise approved by the Town of Chapel Hill, the Contractor shall perform a minimum of 40% of the work with their own forces. Documentation of this shall be provided in the Affidavit A form provided in this document. The Contractor will be responsible for attending weekly meetings during the project duration at which a report will be made as to the project status including any problems encountered. Contractor s representative shall be a project manager familiar with the daily progress and field conditions of the project. Contractor and subcontractors shall limit communications to those with the Inspector except as otherwise provided by these documents. Contractors must be licensed with the State of North Carolina as a General Contractor, plus any specialty work performed by the Contractor and/or subcontractor shall be performed by a Contractor licensed in the respective specialty area. Where the contractor fails to respond in a timely manner to Town directives to complete certain repairs and/or work that, in the Town s opinion, cause a safety hazard or the potential for damages, the Town may have such work performed and deduct the costs plus 25% from the Contractor s pay request. This provision shall not, however, obligate the Town to undertake such work that is the responsibility of the Contractor. Contractor must meet all requirements of NCDENR, NCDOT and other required permits on this project. Applicable permits are contained in the Appendix. The itemized Bid Quantities are engineer s estimate and are used for the comparison of bids. The Town maintains the right to add or delete quantities at any time, without an adjustment to the unit price. There shall be no unit price adjustment for materials due to market variability SP-1

14 Prior to Construction A. The Contractor shall notify, in writing, businesses, residents and property owners adjacent to proposed construction of impending work at least one (1) week in advance of beginning construction in the vicinity of their property. Construction limits shall be staked prior to this notice. A standard letter for this purpose shall be provided to the Contractor by the Town. This will permit property owners to remove any vegetation from the construction area that they wish to preserve. The Contractor shall provide written verification of the property owners and their addresses along with date of notification and provide this list to the Town. B. Contractor shall stake the construction easements per plans. Once this is completed a walk thru shall be scheduled with the Contractor, Town s Development Inspector, and Senior Engineer at which time adjustments may be made. No clearing (even within the easement) shall be started prior to this walk thru. After the walk thru, clearing operations may begin. C. The Contractor shall comply with all requirements listed in the North Carolina Division of Environmental Management Stormwater Discharge NPDES Permit NCG010000, including the following conditions listed below. Contractor shall abide by the approved Sedimentation and Erosion Control Plan for this project and keep a signed copy of the letter of approval of the plan on-site at all times. There shall be no discharge of any sanitary wastewater from this construction activity except under the provisions of another NPDES permit specifically issued therefore. There shall be no chemicals added to the discharge. All wastes composed of building and construction materials will be disposed of in accordance with N. C. statutes and rules governing solid waste disposal. Maintenance activities for vehicles and heavy equipment shall be performed so as to not result in contamination of the surface or ground waters. D. Contractor shall take precautions to avoid damage to existing pavement during construction of proposed roadway and utilities. Whenever pavement or other physical features outside of the construction limits but in proximity to project becomes damaged, unless evidence is presented by the Contractor to the contrary, Contractor is assumed responsible for such damages. The Contractor shall be responsible for the repair of such to a state acceptable by the Engineer at no additional cost to the Owner. E. If contaminated soil is encountered during construction, it will be handled in accordance with NCDOT Standard Specification Section F. The Contractor shall restore any grass, landscaping, driveways, and/or other features that are located on private property and that is damaged or disturbed as a result of construction with in-kind material, and to the satisfaction of the Inspector. G. Pavement repairs shall be made in accordance with the plans and details. Temporarily backfilling is discouraged but if it becomes necessary to establish access, it shall be accomplished using ABC or select backfill material approved by the engineer. The temporary backfill shall be removed as soon as possible and the proper backfill and pavement repair performed. No additional compensation will be made for temporary backfill. SP-2

15 H. All crosswalks, stopbars, on street parking striping, etc. locations shall be approved by the Town s Inspector prior to installation. The striping and markings shall be installed with thermoplastic. Utility Work Any underground encounter or unusual circumstance that occurs during construction should also be documented by the Contractor with photographs and field measurements along with prompt notification to the Engineer. If, at any time during construction, it becomes necessary to operate utility valves, Orange County Water and Sewer the Inspector must be contacted prior to operation. Conflict avoidance, utility construction and/or relocation by others will take place on the project site either prior to or during the Contractor s activity. After project availability date, the Contractor shall coordinate any utility relocation by others in order to avoid any delay in construction progression. Damage to utilities and their accompanying facilities by the Contractor shall be reported immediately to the respective utility owner(s) and the Inspector and arrangements made to repair at the expense of the Contractor. The Contractor shall limit any interruption of water service to less than 2-hours. The Inspector as well as the residents affected by the interruption of water service shall be notified by the Contractor in writing at least 2 days prior to the interruption. Contractor shall provide written notice to Inspector for approval in advance of delivery. In addition, if any water or sewer services or active lines are accidentally disrupted or accidentally damaged, the Inspector must be contacted immediately. Contractor will be responsible for repair and any separations to property owners resulting from such damages. No interruption of wastewater flow in the main line or lateral service lines shall be permitted at any time. The Contractor shall take all necessary precautions and actions to prevent overflow and spillage of wastewater, including temporary bypass piping and pumping. Relocation of lateral and service lines shall be performed as needed with no interruption of wastewater flow. Fines, cleanup costs, etc. for any wastewater spills or backups will be the responsibility of the Contractor. Pits and/or trenches excavated for construction shall be backfilled if practical by the end of the day. If this is impractical, the Contractor shall cover the opening with plate steel, secure the area with minimum 6 fencing to deter access by the public, or install jersey barricades plus traffic control as necessary in accordance with the NCDOT, January 2012, Roadway Standard Drawings. No separate payment will be made for this work. Minimum Separations between existing and proposed utilities shall be as specified in the Orange County Water and Sewer Standard Specification. If utility separation conflicts occur during construction, the Contractor shall coordinate acceptable adjustments or special treatments with the Engineer and the Town prior to proceeding with work. It is the responsibility of the contractor to determine the exact location of, and to avoid, all existing utilities and/or facilities within the project limits. Miscellaneous utility connections shall be terminated with the demolition phase of the project. Town Inspector must verify and give specific approval. If applicable, Contractor shall coordinate with Progress Energy during construction for the installation of street lighting for the project by Progress Energy. SP-3

16 If applicable, the Contractor shall coordinate with all utilities for any necessary utility relocations. Inspection/Testing A. All tests of materials shall be made by a recognized and approved testing Laboratory designated by the Director of Engineering and Inspections. The expense of such tests shall be borne by the Town of Chapel Hill. The Contractor shall coordinate with the Town of Chapel Hill or its assigns to provide access to and make available all materials necessary to be tested, as may be designed by the Engineer, in the presence of the Engineer, unless otherwise provided in the Special Provisions. The Engineer may also require field test or tests on materials at the place of manufacture, by representatives of all Testing Laboratory which shall also be at the Town of Chapel Hill s expense. Note, The samples are to be transported by the Town of Chapel Hill personnel to the testing facility. B. All wheel chair ramps and crosswalk locations shall be approved by Town Inspector prior to installation. Landscape A. The Contractor shall confine all clearing, grading, and construction to within the Right of Way and Temporary Construction Easements (TCE) with the exception that no clearing or grading shall occur beyond the limits of tree protection fencing (where it encroaches into the TCE). Contractor shall not disturb existing plantings and other landscape features beyond the area described above. Any damage to landscaping within these protected areas shall be repaired by the Contractor at no additional charge. The Town, at its discretion, may require the Contractor to secure the opinion of a professional arborist to direct such repairs. B. Contractor shall prune roots of any tree within tree protection fencing for which root zone extends into the area to be cleared or graded. This shall occur prior to clearing or grading operations. Root pruning shall be performed by hand saw or chain saw after use of air spade to expose roots. Contractor shall employ this and other methods to preserve vegetation outside of construction area to the maximum extent practical. Tree protection fence to be placed in a circle around the drip line of the tree, root pruning is considered incidental to the cost of construction. Inspector to approve fence. C. If any trees are to be removed that are within the drip-line of a bigger tree that we are saving, cut the tree to be removed at the base. Do not pull root ball out. Traffic Control/Site Access A. All existing driveways, roadways, accesses, etc. shall be maintained and shall be fully accessible at all times. Construction shall not be allowed to interfere with business and/or residential operations. Driveway access suitable for navigation by passenger vehicles must be well established at the end of each work day or whenever construction activity ceases in front of the driveway. In the event a driveway must be temporarily closed for any period of time, the Contractor shall obtain permission first from the Inspector, shall then notify the Town and the property owner/resident affected in writing a minimum of 48 hours in advance to make arrangements for their respective access to the site. Temporary driveways, if necessary, must be provided. There will be no separate payment for this work. Written notice must be approved by the Town prior to being provided to the property owner. B. Hours of work permitted for certain activities may be restricted in order to insure needed access to properties. Contractor will make all efforts not to hinder the access and mobility of emergency vehicles. SP-4

17 C. Contractor shall be responsible for all traffic control devices and signage per MUTCD and North Carolina Supplement to the MUTCD. D. Contractor shall place stationary traffic control signs (Advance Warning Signs) at the beginning, end, and at all Y-lines on the project, per MUTCD. All traffic control stationary and portable shall be covered under the bid item Traffic Control and shall include all equipment, personnel, and related work to insure conformance with MUTCD and NCDOT standard drawings. Punchlist Inspection At the punchlist inspection the Contractor shall submit any remaining S&EC rain event logs or S&EC self inspection logs to the Town of Chapel Hill. The box and rain gauge shall remain on site until the NCDENR S&EC permit is closed out. SP-5

18 PROJECT SPECIAL PROVISIONS GENERAL CONTRACT TIME AND LIQUIDATED DAMAGES: Chapel Hill The date of availability for this contract is The Date of the Notice to Proceed. Due to University constraints, the date of availability for this contract shall not be prior to May 13, 2018, which shall also be the date of the Notice to Proceed. The completion date for this contract is 340 Consecutive calendar days from the Notice to Proceed (NTP). Except where otherwise provided by the contract, observation periods required by the contract will not be a part of the work to be completed by the completion date and/or intermediate contract times stated in the contract. The acceptable completion of the observation periods that extend beyond the final completion date shall be a part of the work covered by the performance and payment bonds. The liquidated damages for this contract are Seven Hundred and Fifty Dollars ($750) per calendar day. INTERMEDIATE CONTRACT TIME NUMBER 01 AND LIQUIDATED DAMAGES: STEWART Except for that work required under the Project Special Provisions entitled Planting, Reforestation and/or Permanent Vegetation Establishment, included elsewhere in this proposal, the Contractor will be required to complete all work included in this contract and shall place and maintain traffic on same. The date of availability for this intermediate contract time is the date of availability of the contract. The completion date for this intermediate contract time is the date which is One Hundred and Sixty (160) consecutive calendar days from the Notice to Proceed (NTP). The liquidated damages for this intermediate contract time are Seven Hundred and Fifty Dollars ($750) per calendar day. Upon apparent completion of all the work required to be completed by this intermediate date, a final inspection will be held in accordance with Article and upon acceptance, the Town of Chapel Hill will assume responsibility for the maintenance of all work except Planting, Reforestation and/or Permanent Vegetation Establishment. The Contractor will be responsible for and shall make corrections of all damages to the completed roadway caused by his planting operations, whether occurring prior to or after placing traffic through the project. SP-6

19 INTERMEDIATE CONTRACT TIME NUMBER 02 AND LIQUIDATED DAMAGES: ( ) 108 SP1 G14 B The Contractor shall not narrow or close a lane of traffic on NC-54, detain and /or alter the traffic flow on or during holiday weekends, special events, or any other time when traffic is unusually heavy, including the following schedules: HOLIDAY AND HOLIDAY WEEKEND LANE CLOSURE RESTRICTIONS 1. For unexpected occurrence that creates unusually high traffic volumes, as directed by the Engineer. 2. For New Year's Day, between the hours of 9:00 PM December 31st and 6:00 AM January 2nd. If New Year's Day is on a Friday, Saturday, Sunday or Monday, then until 6:00 AM the following Tuesday. 3. For Easter, between the hours of 9:00 PM Thursday and 6:00 AM Monday. 4. For Memorial Day, between the hours of 9:00 PM Friday and 6:00 AM Tuesday. 5. For Independence Day, between the hours of 9:00 PM the day before Independence Day and 6:00 AM the day after Independence Day. If Independence Day is on a Friday, Saturday, Sunday or Monday, then between the hours of 9:00 PM the Thursday before Independence Day and 6:00 AM the Tuesday after Independence Day. 6. For Labor Day, between the hours of 9:00 PM Friday and 6:00 AM Tuesday. 7. For Thanksgiving Day, between the hours of 9:00 PM Tuesday and 6:00 AM Monday. 8. For Christmas, between the hours of 9:00 PM the Friday before the week of Christmas Day and 6:00 AM the following Tuesday after the week of Christmas Day. Holidays and holiday weekends shall include New Year's, Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas. The Contractor shall schedule his work so that lane closures are not required during these periods, unless otherwise directed by the Engineer. The time of availability for this intermediate contract work shall be the time the Contractor begins to install all traffic control devices for lane closures according to the time restrictions listed herein. The completion time for this intermediate contract work shall be the time the Contractor is required to complete the removal of all traffic control devices for lane closures according to the time restrictions stated herein and place traffic in the existing traffic pattern. The liquidated damages are Five Hundred Dollars ($500.00) per hour. SP-7

20 INTERMEDIATE CONTRACT TIME NUMBER 03 AND LIQUIDATED DAMAGES: STEWART The Contractor shall not perform any work on FRIDAY CENTER DRIVE, during holiday weekends or any other time when traffic is unusually heavy, including the following schedules: HOLIDAY AND HOLIDAY WEEKEND LANE CLOSURE RESTRICTIONS 1. For unexpected occurrence that creates unusually high traffic volumes, as directed by the Engineer. 2. For Independence Day, between the hours of 9:00 AM the day before Independence Day and 4:00 PM the day after Independence Day. If Independence Day is on a Friday, Saturday, Sunday or Monday, then between the hours of 9:00 AM the Thursday before Independence Day and 4:00 PM the Tuesday after Independence Day. 3. For Labor Day, between the hours of 9:00 AM Friday and 4:00 PM Tuesday. 4. For Thanksgiving Day, between the hours of 9:00 AM Tuesday and 4:00 PM Monday. 5. For Christmas, between the hours of 9:00 AM the Friday before the week of Christmas Day and 4:00 PM the following Tuesday after the week of Christmas Day. Holidays and holiday weekends shall include Independence Day, Labor Day, Thanksgiving, and Christmas. The Contractor shall schedule his work so that lane closures, except as permitted in the Traffic Management Plans, are not required during these periods, unless otherwise directed by the Engineer. The time of availability for this intermediate contract work shall be the time the Contractor begins to install all traffic control devices for lane closures according to the time restrictions listed herein. The completion time for this intermediate contract work shall be the time the Contractor is required to complete the removal of all traffic control devices for lane closures according to the time restrictions stated herein and place traffic in the existing traffic pattern. The liquidated damages are Two Hundred Fifty Dollars ($250.00) per hour. PERMANENT VEGETATION ESTABLISHMENT: STEWART Establish a permanent stand of the vegetation mixture shown in the contract. During the period between initial vegetation planting and final project acceptance, perform all work necessary to establish permanent vegetation on all erodible areas within the project limits, as well as, in borrow and waste pits. This work shall include erosion control device maintenance and installation, repair seeding and mulching, supplemental seeding and mulching, mowing, and fertilizer topdressing, as directed. All work shall be performed in accordance with the applicable section of the 2012 Standard Specifications. All work required for initial vegetation SP-8

21 planting shall be performed as a part of the work necessary for the completion and acceptance of the Intermediate Contract Time (ICT). Between the time of ICT and Final Project acceptance, or otherwise referred to as the vegetation establishment period, the Town of Chapel Hill will be responsible for preparing the required National Pollutant Discharge Elimination System (NPDES) inspection records. Once the Engineer has determined that the permanent vegetation establishment requirement has been achieved at an 80% vegetation density (the amount of established vegetation per given area to stabilize the soil) and no erodible areas exist within the project limits, the Contractor will be notified to remove the remaining erosion control devices that are no longer needed. The Contractor will be responsible for, and shall correct any areas disturbed by operations performed in permanent vegetation establishment and the removal of temporary erosion control measures, whether occurring prior to or after placing traffic on the project. Payment for Response for Erosion Control, Seeding and Mulching, Repair Seeding, Supplemental Seeding, Mowing, Fertilizer Topdressing, Silt Excavation, and Stone for Erosion Control will be made at contract unit prices for the affected items. Work required that is not represented by contract line items will be paid in accordance with Articles or of the 2012 Standard Specifications. No additional compensation will be made for maintenance and removal of temporary erosion control items. NO MAJOR CONTRACT ITEMS: ( ) (Rev ) 104 SP1 G31 None of the items included in this contract will be major items. DISADVANTAGED BUSINESS ENTERPRISE (LOCAL GOVERNMENT AGENCIES): ( )(Rev ) (J) SP1 G63 Description The purpose of this Special Provision is to carry out the U.S. Department of Transportation s policy of ensuring nondiscrimination in the award and administration of contracts financed in whole or in part with Federal funds. This provision is guided by 49 CFR Part 26. Definitions Additional DBE Subcontractors - Any DBE submitted at the time of bid that will not be used to meet the DBE goal. No submittal of a Letter of Intent is required. Committed DBE Subcontractor - Any DBE submitted at the time of bid that is being used to meet the DBE goal by submission of a Letter of Intent. Or any DBE used as a replacement for a previously committed DBE firm. Contract Goal Requirement - The approved DBE participation at time of award, but not greater than the advertised contract goal. DBE Goal - A portion of the total contract, expressed as a percentage, that is to be performed by committed DBE subcontractor(s). SP-9

22 Disadvantaged Business Enterprise (DBE) - A firm certified as a Disadvantaged Business Enterprise through the North Carolina Unified Certification Program. Goal Confirmation Letter - Written documentation from TOWN OF CHAPEL HILL to the bidder confirming the Contractor's approved, committed DBE participation along with a listing of the committed DBE firms. Local Government Agencies (LGA) - The entity letting the contract. Manufacturer - A firm that operates or maintains a factory or establishment that produces on the premises, the materials or supplies obtained by the Contractor. Regular Dealer - A firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials or supplies required for the performance of the contract are bought, kept in stock, and regularly sold to the public in the usual course of business. A regular dealer engages in, as its principal business and in its own name, the purchase and sale or lease of the products in question. A regular dealer in such bulk items as steel, cement, gravel, stone, and petroleum products need not keep such products in stock, if it owns and operates distribution equipment for the products. Brokers and packagers are not regarded as manufacturers or regular dealers within the meaning of this section. North Carolina Unified Certification Program (NCUCP) - A program that provides comprehensive services and information to applicants for DBE certification, such that an applicant is required to apply only once for a DBE certification that will be honored by all recipients of USDOT funds in the state and not limited to the Department of Transportation only. The Certification Program is in accordance with 49 CFR Part 26. Standard Specifications - The general term comprising all directions, provisions, and requirements contained or referred to in the North Carolina Department of Transportation Standard Specifications for Roads and Structures and any subsequent revisions or additions to such book. United States Department of Transportation (USDOT) - Federal agency responsible for issuing regulations (49 CFR Part 26) and official guidance for the DBE program. Forms and Websites Referenced in this Provision DBE Payment Tracking System - On-line system in which the Contractor enters the payments made to DBE subcontractors who have performed work on the project. DBE-IS Subcontractor Payment Information - Form for reporting the payments made to all DBE firms working on the project. This form is for paper bid projects only. IS%20Subcontractor%20Payment%20Information.pdf SP-10

23 RF-1 DBE Replacement Request Form - Form for replacing a committed DBE. %20Replacement%20Request%20Form.pdf SAF Subcontract Approval Form - Form required for approval to sublet the contract. %20Form%20Rev.% zip JC-1 Joint Check Notification Form - Form and procedures for joint check notification. The form acts as a written joint check agreement among the parties providing full and prompt disclosure of the expected use of joint checks. ication%20form.pdf Letter of Intent - Form signed by the Contractor and the DBE subcontractor, manufacturer or regular dealer that affirms that a portion of said contract is going to be performed by the signed DBE for the amount listed at the time of bid. a%20subcontractor.pdf Listing of DBE Subcontractors Form - Form for entering DBE subcontractors on a project that will meet this DBE goal. This form is for paper bids only. BE%20Subcontractors%20(Federal).docx Subcontractor Quote Comparison Sheet - Spreadsheet for showing all subcontractor quotes in the work areas where DBEs quoted on the project. This sheet is submitted with good faith effort packages. %20Comparison%20Example.xls DBE Goal The following DBE goal for participation by Disadvantaged Business Enterprises is established for this contract: Disadvantaged Business Enterprises 8% (A) (B) If the DBE goal is more than zero, the Contractor shall exercise all necessary and reasonable steps to ensure that DBEs participate in at least the percent of the contract as set forth above as the DBE goal. If the DBE goal is zero, the Contractor shall make an effort to recruit and use DBEs during the performance of the contract. Any DBE participation obtained shall be reported to Town of Chapel Hill. SP-11