NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
RALEIGH
STANDARD SPECIFICATIONS
FOR
ROADS AND STRUCTURES
JANUARY 2012
FOREWORD
This publication has been prepared to provide a compilation of standard requirements used by
the North Carolina Department of Transportation for construction contracts.
When this publication, entitled Standard Specifications for Roads and Structures, dated
January 2012, is incorporated by reference into the Department’s construction bid proposals
or contracts; it is made a part of that document and shall be known as the Standard
Specifications. The requirements stated herein may be revised or amended from time to time
by Supplemental Specifications, by Standard Special Provisions which are unique to a select
group of projects or by Project Special Provisions which are unique to the specific bid
proposal or contract.
Working titles have a masculine gender, such as workman, workmen and foreman. Pronouns
such as he, his, and him are used in the Standard Specifications for the sake of brevity and are
intended to refer to persons of either sex and corporate entities.
Reference by title and date will be made to the governing provisions on plans and contract
documents.
GENERAL INFORMATION
For general questions about this publication, please contact the Contract Standards and
Development Unit at specs@ncdot.gov or (919) 707-6900.
ORDERING INFORMATION
Copies of the Standard Specifications and the Roadway Standard Drawings may be
purchased through the Contract Standards and Development Unit:
North Carolina Department of Transportation
Contract Standards and Development Unit – Manual Distribution
1591 Mail Service Center
Raleigh, NC 27699-1591
Telephone: (919) 707-6944
Website: http://www.ncdot.gov/
The order form is available at http://www.ncdot.gov/business/order/puborder.html.
Electronic copies of the Standard Specifications and the Roadway Standard Drawings are
available for download on the Contract Standards and Development Unit’s website at
http://www.ncdot.org/doh/preconstruct/ps/specifications/specifications_provisions.html.
iii
TABLE OF CONTENTS
Foreword.................................................................................................................ii
Table of Contents....................................................................................................iii
DIVISION 1 – GENERAL REQUIREMENTS
101 Definition of Terms..................................................................................1-1
102 Bidding Requirements and Conditions.....................................................1-9
103 Award and Execution of Contract ............................................................1-21
104 Scope of Work..........................................................................................1-26
105 Control of Work .......................................................................................1-40
106 Control of Material...................................................................................1-48
107 Legal Relations and Responsibility to Public...........................................1-53
108 Prosecution and Progress..........................................................................1-64
109 Measurement and Payment ......................................................................1-75
150 Maintenance of Traffic.............................................................................1-85
DIVISION 2 – EARTHWORK
200 Clearing and Grubbing .............................................................................2-1
205 Sealing Abandoned Wells ........................................................................2-4
210 Demolition of Buildings and Appurtenances ...........................................2-5
215 Removal of Existing Buildings ................................................................2-6
220 Blasting ....................................................................................................2-8
225 Roadway Excavation................................................................................2-11
226 Comprehensive Grading...........................................................................2-16
230 Borrow Excavation...................................................................................2-17
235 Embankments...........................................................................................2-22
240 Ditch Excavation ......................................................................................2-24
250 Removal of Existing Pavement ................................................................2-25
260 Proof Rolling............................................................................................2-26
265 Select Granular Material ..........................................................................2-28
270 Geotextile for Soil Stabilization ...............................................................2-28
275 Rock Plating .............................................................................................2-29
DIVISION 3 – PIPE CULVERTS
300 Pipe Installation........................................................................................3-1
305 Drainage Pipe ...........................................................................................3-5
310 Pipe Culverts ............................................................................................3-6
330 Welded Steel Pipe ....................................................................................3-7
340 Pipe Removal ...........................................................................................3-8
350 Pipe Clean Out .........................................................................................3-10
DIVISION 4 – MAJOR STRUCTURES
400 Temporary Structures...............................................................................4-1
402 Removal of Existing Structures................................................................4-2
410 Foundation Excavation.............................................................................4-3
411 Drilled Piers .............................................................................................4-9
412 Unclassified Structure Excavation ...........................................................4-21
414 Box Culvert Excavation ...........................................................................4-22
416 Channel Excavation..................................................................................4-24
420 Concrete Structures ..................................................................................4-25
422 Bridge Approach Slabs.............................................................................4-48
NCDOT 2012 Standard Specifications
iv
425 Fabricating and Placing Reinforcement....................................................4-49
430 Erecting Prestressed Concrete Members ..................................................4-52
440 Steel Structures.........................................................................................4-55
442 Painting Steel Structures...........................................................................4-60
450 Piles..........................................................................................................4-69
452 Sheet Pile Retaining Walls .......................................................................4-77
454 Waterproofing and Dampproofing ...........................................................4-78
460 Bridge Railing ..........................................................................................4-80
462 Slope Protection .......................................................................................4-82
DIVISION 5 – SUBGRADE, BASES AND SHOULDERS
500 Fine Grading Subgrade, Shoulders and Ditches .......................................5-1
501 Lime-Treated Soil.....................................................................................5-3
505 Aggregate Subgrade .................................................................................5-8
510 Aggregate Stabilization ............................................................................5-9
520 Aggregate Base Course ............................................................................5-10
535 Conditioning Existing Base......................................................................5-14
540 Cement-Treated Base Course ...................................................................5-14
542 Soil-Cement Base .....................................................................................5-20
543 Asphalt Curing Seal..................................................................................5-24
545 Incidental Stone Base ...............................................................................5-26
560 Shoulder Construction..............................................................................5-27
DIVISION 6 – ASPHALT PAVEMENTS
600 Prime Coat................................................................................................6-1
605 Asphalt Tack Coat ....................................................................................6-2
607 Milling Asphalt Pavement........................................................................6-4
609 Quality Management System for Asphalt Pavements ..............................6-7
610 Asphalt Concrete Plant Mix Pavements ...................................................6-18
620 Asphalt Binder for Plant Mix ...................................................................6-38
650 Open-Graded Asphalt Friction Course, Types FC-1, FC-1 Modified and
FC-2 Modified...................................................................................6-40
652 Permeable Asphalt Drainage Course, Types P-78M and P-57 .................6-44
654 Asphalt Plant Mix, Pavement Repair........................................................6-46
657 Seal Existing Pavement Cracks and Joints ...............................................6-47
660 Asphalt Surface Treatment .......................................................................6-48
661 Ultra-Thin Bonded Wearing Course.........................................................6-55
663 Hot In-Place Recycled Asphalt Concrete .................................................6-60
665 Milled Rumble Strips on Asphalt Concrete Shoulders.............................6-65
DIVISION 7 – CONCRETE PAVEMENTS AND SHOULDERS
700 General Requirements for Portland Cement Concrete Pavement.............7-1
710 Concrete Pavement...................................................................................7-11
720 Concrete Shoulders...................................................................................7-19
725 Field Laboratory for Portland Cement Concrete Pavement......................7-21
DIVISION 8 – INCIDENTALS
800 Mobilization .............................................................................................8-1
801 Construction Stakes, Lines and Grades ....................................................8-1
802 Disposal of Waste and Debris ..................................................................8-7
806 Right-of-Way and Control-of-Access Markers ........................................8-10
808 Obliteration of Existing Road...................................................................8-11
815 Subsurface Drainage.................................................................................8-11
NCDOT 2012 Standard Specifications
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816 Shoulder Drains........................................................................................8-13
818 Blotting Sand............................................................................................8-15
820 Funnels and Funnel Drains.......................................................................8-16
825 Incidental Concrete Construction .............................................................8-17
828 Temporary Steel Cover for Masonry Drainage Structures .......................8-20
830 Brick Masonry Construction ....................................................................8-20
832 Reinforced Brick Masonry Construction..................................................8-21
834 Block Masonry Construction....................................................................8-22
838 Endwalls...................................................................................................8-23
840 Minor Drainage Structures .......................................................................8-24
846 Concrete Curb, Curb and Gutter, Concrete Gutter, Shoulder Berm Gutter,
Concrete Expressway Gutter and Concrete Valley Gutter ...............8-28
848 Concrete Sidewalks, Driveways and Curb Ramps ...................................8-29
850 Concrete Paved Ditch...............................................................................8-31
852 Traffic Islands and Medians .....................................................................8-31
854 Concrete Barrier .......................................................................................8-33
857 Precast Reinforced Concrete Barrier - Single Faced ................................8-34
858 Adjustment of Catch Basins, Manholes, Drop Inlets, Meter Boxes and
Valve Boxes ......................................................................................8-35
859 Converting Existing Catch Basins, Drop Inlets and Junction Boxes........8-37
862 Guardrail ..................................................................................................8-38
863 Remove Existing Guardrail and Guiderail ...............................................8-41
864 Remove and Reset Existing Guardrail and Guiderail...............................8-42
865 Cable Guiderail ........................................................................................8-42
866 Fence ........................................................................................................8-44
867 Fence Reset ..............................................................................................8-48
869 Relapping Guardrail .................................................................................8-48
876 Rip Rap.....................................................................................................8-49
DIVISION 9 – SIGNING
900 General Requirements for Signing ...........................................................9-1
901 Sign Fabrication .......................................................................................9-2
902 Foundations for Ground Mounted Signs ..................................................9-10
903 Ground Mounted Sign Supports...............................................................9-10
904 Sign Erection............................................................................................9-13
907 Disposal and Stockpiling of Signing Components ...................................9-16
DIVISION 10 – MATERIALS
1000 Portland Cement Concrete Production and Delivery................................10-1
1002 Shotcrete Production and Delivery...........................................................10-17
1003 Grout Production and Delivery ................................................................10-19
1005 General Requirements for Aggregate.......................................................10-21
1006 Aggregate Quality Control / Quality Assurance.......................................10-25
1008 Aggregate for Stabilization ......................................................................10-25
1010 Aggregate for Non-Asphalt Type Bases...................................................10-25
1012 Aggregate for Asphalt Pavements and Surface Treatments .....................10-26
1014 Aggregate for Portland Cement Concrete ................................................10-35
1016 Select Material..........................................................................................10-38
1018 Borrow Material .......................................................................................10-40
1019 Shoulder and Slope Material ....................................................................10-41
1020 Asphalt Materials .....................................................................................10-41
1024 Materials for Portland Cement Concrete..................................................10-46
1026 Curing Agents for Concrete .....................................................................10-49
1028 Joint Materials..........................................................................................10-50
NCDOT 2012 Standard Specifications
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1032 Culvert Pipe..............................................................................................10-51
1034 Sanitary Sewer Pipe and Fittings..............................................................10-56
1036 Water Pipe and Fittings ............................................................................10-58
1040 Masonry....................................................................................................10-60
1042 Rip Rap Materials.....................................................................................10-61
1043 Aggregate from Crushed Concrete ...........................................................10-62
1044 Subsurface Drainage Materials.................................................................10-62
1046 Guardrail Materials...................................................................................10-63
1050 Fence Materials ........................................................................................10-65
1052 Salt and Lime Stabilizers..........................................................................10-71
1054 Drains .......................................................................................................10-72
1056 Geosynthetics ...........................................................................................10-73
1060 Landscape Development Materials ..........................................................10-74
1070 Reinforcing Steel......................................................................................10-80
1072 Structural Steel .........................................................................................10-87
1074 Miscellaneous Metals and Hardware........................................................10-113
1076 Galvanizing ..............................................................................................10-116
1077 Precast Concrete Units .............................................................................10-117
1078 Prestressed Concrete Members.................................................................10-124
1079 Bearings and Bearing Materials ...............................................................10-149
1080 Paint and Paint Materials..........................................................................10-150
1081 Epoxy and Adhesives ...............................................................................10-161
1082 Structural Timber and Lumber .................................................................10-170
1084 Piles ..........................................................................................................10-173
1086 Pavement Markers....................................................................................10-174
1087 Pavement Markings..................................................................................10-177
1088 Delineators................................................................................................10-182
1089 Traffic Control..........................................................................................10-187
1090 Portable Concrete Barrier .........................................................................10-198
1091 Electrical Materials...................................................................................10-199
1092 Signing Materials .....................................................................................10-203
1094 Ground Mounted Signs.............................................................................10-206
1096 Overhead Sign Structures .........................................................................10-207
1098 Signals and Intelligent Transportation System Materials .........................10-208
DIVISION 11 – WORK ZONE TRAFFIC CONTROL
1101 Work Zone Traffic Control General Requirements..................................11-1
1105 Temporary Traffic Control Devices .........................................................11-4
1110 Work Zone Signs......................................................................................11-5
1115 Flashing Arrow Boards.............................................................................11-7
1120 Portable Changeable Message Signs ........................................................11-8
1130 Drums .......................................................................................................11-9
1135 Cones........................................................................................................11-10
1145 Barricades.................................................................................................11-10
1150 Flaggers ....................................................................................................11-11
1160 Temporary Crash Cushions ......................................................................11-12
1165 Truck Mounted Attenuators .....................................................................11-13
1170 Positive Protection....................................................................................11-14
1180 Skinny Drums...........................................................................................11-17
DIVISION 12 – PAVEMENT MARKINGS, MARKERS AND DELINEATION
1205 Pavement Marking General Requirements...............................................12-1
1250 Pavement Markers General Requirements ...............................................12-13
1251 Raised Pavement Markers ........................................................................12-15
NCDOT 2012 Standard Specifications
vii
1253 Snowplowable Pavement Markers ...........................................................12-16
1264 Object Markers.........................................................................................12-17
1266 Tubular Markers (Fixed) ..........................................................................12-18
1267 Flexible Delineators .................................................................................12-19
DIVISION 14 – LIGHTING
1400 Roadway Lighting ....................................................................................14-1
1401 High Mount Standard ...............................................................................14-9
1403 High Mount Luminaries ...........................................................................14-13
1404 Light Standards ........................................................................................14-14
1405 Standard Foundation ................................................................................14-15
1406 Light Standard Luminaries.......................................................................14-17
1407 Electric Service Pole and Lateral .............................................................14-17
1408 Light Control System...............................................................................14-18
1409 Electrical Duct..........................................................................................14-21
1410 Feeder Circuits .........................................................................................14-22
1411 Electrical Junction Boxes .........................................................................14-23
1412 Underpass Lighting ..................................................................................14-24
1413 Portable Construction Lighting ................................................................14-26
DIVISION 15 – UTILITY CONSTRUCTION
1500 General Utility Requirements...................................................................15-1
1505 Excavation, Trenching, Pipe Laying and Backfilling for Utilities ...........15-3
1510 Water Lines ..............................................................................................15-5
1515 Utility Controls.........................................................................................15-7
1520 Sanitary Sewer..........................................................................................15-10
1525 Utility Manholes.......................................................................................15-13
1530 Abandon or Remove Utilities...................................................................15-15
1540 Encasement ..............................................................................................15-17
1550 Trenchless Installation of Utilities............................................................15-18
DIVISION 16 – EROSION CONTROL AND ROADSIDE DEVELOPMENT
1605 Temporary Silt Fence ...............................................................................16-1
1606 Special Sediment Control Fence ..............................................................16-2
1607 Gravel Construction Entrance ..................................................................16-3
1610 Stone for Erosion Control.........................................................................16-3
1615 Temporary Mulching................................................................................16-4
1620 Temporary Seeding ..................................................................................16-5
1622 Temporary Slope Drains ..........................................................................16-7
1630 Construction and Maintenance of Silt Detention Devices........................16-8
1631 Rolled Erosion Control Products..............................................................16-9
1632 Rock Inlet Sediment Trap.........................................................................16-10
1633 Temporary Rock Silt Checks ...................................................................16-11
1634 Temporary Rock Sediment Dams ............................................................16-12
1635 Rock Pipe Inlet Sediment Trap.................................................................16-13
1636 Temporary Stream Crossing.....................................................................16-14
1637 Riser Basin ...............................................................................................16-15
1638 Stilling Basin............................................................................................16-16
1639 Special Stilling Basin ...............................................................................16-17
1640 Coir Fiber Baffle ......................................................................................16-19
1650 Wooded Area Cleanup .............................................................................16-20
1651 Selective Vegetation Removal .................................................................16-21
1660 Seeding and Mulching..............................................................................16-22
1661 Repair Seeding .........................................................................................16-27
NCDOT 2012 Standard Specifications
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1662 Supplemental Seeding ..............................................................................16-28
1664 Sodding.....................................................................................................16-29
1665 Fertilizer Topdressing...............................................................................16-31
1667 Specialized Hand Mowing .......................................................................16-32
1670 Planting.....................................................................................................16-32
DIVISION 17 – SIGNALS AND INTELLIGENT TRANSPORTATION SYSTEMS
1700 General Requirements ..............................................................................17-1
1705 Signal Heads.............................................................................................17-5
1706 Backplates ................................................................................................17-8
1710 Messenger Cable ......................................................................................17-9
1715 Underground Cable Installation................................................................17-10
1716 Junction Boxes .........................................................................................17-16
1720 Wood Poles...............................................................................................17-17
1721 Guy Assemblies........................................................................................17-18
1722 Riser Assemblies ......................................................................................17-19
1725 Inductive Detection Loops .......................................................................17-21
1726 Lead-In Cable ...........................................................................................17-22
1730 Fiber-Optic Cable .....................................................................................17-23
1731 Fiber-Optic Splice Centers .......................................................................17-25
1732 Fiber-Optic Transceivers ..........................................................................17-28
1733 Delineator Markers...................................................................................17-29
1734 Remove Existing Communications Cable ................................................17-29
1735 Cable Transfers.........................................................................................17-30
1736 Spread Spectrum Radio ............................................................................17-30
1743 Pedestals ...................................................................................................17-32
1745 Signs Installed for Signals ........................................................................17-34
1746 Relocate Existing Sign .............................................................................17-35
1747 LED Blankout Sign ..................................................................................17-35
1750 Signal Cabinet Foundations......................................................................17-36
1751 Controllers with Cabinets .........................................................................17-37
1752 Modify Cabinet Foundations....................................................................17-38
1753 Cabinet Base Adapter/Extender................................................................17-40
1755 Beacon Controller Assemblies .................................................................17-41
1757 Removal of Existing Traffic Signals ........................................................17-41
Index ..................................................................................................................Index-1
NCDOT 2012 Standard Specifications
Section 101
1-1
DIVISION 1
GENERAL REQUIREMENTS
1 SECTION 101
2 DEFINITIONS OF TERMS
3 101-1 GENERAL
4 Whenever the terms defined in this section are used in the contract, in any of the contract
5 documents, or in the plans, the intended meaning of such terms shall be as defined in this
6 section.
7 101-2 ABBREVIATIONS
8 AASHTO _____ American Association of State Highway and Transportation Officials
9 ABC _________ Aggregate Base Course
10 ACI __________ American Concrete Institute
11 AFAD________ Automated Flagger Assistance Device
12 AISC_________ American Institute of Steel Construction
13 ANSI_________ American National Standards Institute, Inc.
14 APL _________ Approved Products List
15 ASC _________ Approved Supplier Certification
16 ASB _________ Aggregate Shoulder Borrow
17 ASTM________ American Society for Testing and Materials
18 AWG ________ American Wire Gauge
19 AWS _________ American Welding Society
20 AWWA_______ American Water Works Association
21 AWPA _______ American Wood-Preservers’ Association
22 CAPWAP _____ CAse Pile Wave Analysis Program
23 CFR _________ Code of Federal Regulations
24 CIE __________ International Commission on Illumination
25 CRSI _________ Concrete Reinforcing Steel Institute
26 C.S. __________ Corrugated Steel
27 CSI __________ Cumulative Straightedge Index
28 CSL__________ Crosshole Sonic Logging
29 EIA/TIA ______ Electronics Industries Alliance/Telecommunications Industry Association
30 ESAL ________ Equivalent Single Axis Load
31 FHWA _______ Federal Highway Administration, U.S. Department of Transportation
32 HDPE ________ High Density Polyethylene
33 HMA_________ Hot Mix Asphalt
34 ID ___________ Identification
35 IES __________ Illuminating Engineering Society
36 IRI___________ International Roughness Index
37 IMSA ________ International Municipal Signal Association
38 JMF__________ Job Mix Formula
39 LED _________ Light Emitting Diode
40 LL___________ Liquid Limit
41 LLC _________ Limited Liability Company
42 LRFD ________ Load and Resistance Factor Design
43 MIL__________ Military Standard
44 MRAS________ Manufactured Waste Reclaimed Asphalt Shingles
45 MRI _________ Mean Roughness Index
46 MSDS ________ Material Safety Data Sheet
47 MTV_________ Material Transfer Vehicle
NCDOT 2012 Standard Specifications
Section 101
1-2
1 MUTCD_______Manual on Uniform Traffic Control Devices and the North Carolina
2 Supplement thereto
3 NCAC ________North Carolina Administrative Code
4 NCDENR______North Carolina Department of Environment and Natural Resources
5 NCDOT _______North Carolina Department of Transportation
6 NCGS ________North Carolina General Statutes
7 NEC__________National Electrical Code
8 NEMA ________National Electrical Manufacturers Association
9 NESC_________National Electrical Safety Code
10 NTPEP________National Transportation Product Evaluation Program
11 OGAFC _______Open-Graded Asphalt Friction Course
12 OSHA ________Occupational Safety and Health Administration
13 OTDR ________Optical Time Domain Reflectometer
14 PADC ________Permeable Asphalt Drainage Course
15 PDA__________Pile Driver Analyzer
16 PDF __________Portable Document Format
17 PI ____________Plasticity Index (Material), Public Information Plan (Traffic Management)
18 PIT ___________Pile Integrity Testing
19 POC __________Purchase Order Contract
20 PMEM________Polymer-Modified Emulsion Membrane
21 PRAS _________Post Consumer Reclaimed Asphalt Shingles
22 PVC __________Polyvinyl Chloride
23 PVCO ________Molecularly Oriented Polyvinyl Chloride
24 QA ___________Quality Assurance
25 QC ___________Quality Control
26 QMS _________Quality Management System
27 RAP __________Reclaimed Asphalt Pavement
28 RAS __________Reclaimed Asphalt Shingles
29 RUS __________Rural Utilities Service
30 SCTE _________Society of Cable Telecommunications Engineers
31 SMFO ________Single Mode Fiber Optic (Cable or Connector)
32 SSPC _________Society of Protective Coatings
33 SWG _________Steel Wire Guage
34 TIP ___________Transportation Improvement Plan
35 TMP__________Traffic Management Plan
36 TO ___________Transportation Operations Plan
37 TSR __________Tensile Strength Ratio
38 TTC __________Temporary Traffic Control Plan
39 TTF __________Temperature-Time Factor
40 UBWC________Ultra-thin Bonded Wearing Course
41 UL ___________Underwriters' Laboratories, Inc.
42 UST __________Underground Storage Tank
43 UV ___________Ultraviolet
44 VEP __________Value Engineering Proposal
45 VMA _________Voids in Mineral Aggregate
46 VTM _________Voids in Total Mix
47 WBS _________Work Balance Sheet
48 WTAT ________Wet Track Abrasion Test
49 WMA_________Warm Mix Asphalt
NCDOT 2012 Standard Specifications
Section 101
1-3
TABLE 101-1
MEASUREMENT SYMBOLS
Symbol Unit Name Symbol Unit Name
" Inch, Inches kbps Kilobit per Second
% Percent lb Pound, Pounds
± Plus or Minus lbf Pound(s) Force
° Degree, Degrees nm Nanometer(s)
> Greater Than mcd/lux/m2 Millicandellas per Lux per
Square Meter
≥ Greater Than or Equal to mg-cm Milligram-Centimeter
< Less Than mm Millimeter, Millimeters
≤ Less Than or Equal to mph Mile(s) per Hour
μ Micro oz Ounce, Ounces
A, amp Ampere, Amperes ppm Parts per Million
cf Cubic Foot, Cubic Feet psi Pounds per Square Inch
cu.in. Cubic Inch, Cubic Inches qt Quart, Quarts
cy Cubic Yard, Cubic Yards rpm Rotations per Minute
dB Decibel, Decibels sec Second, Seconds
F Fahrenheit sf Square Foot, Square Feet
ft Foot, Feet SFS Saybolt Furol Seconds
ft-lb Foot-Pounds sq.in. Square Inch, Square Inches
gal Gallon, Gallons sy Square Yard, Square Yards
gpm Gallon(s) per Minute tsf Tons per Square Foot
Gmm@Nini Maximum Specific Gravity at
Initial Number of Gyrations V, VAC Voltage, Voltage of
Alternating Current
hr Hour, Hours vpm Vibrations per Minute
Hz Hertz W Watt, Watts
J Joule, Joules Yd Yard, Yards
1 101-3 DEFINITIONS
2 ACT OF GOD: Events in nature so extraordinary that the history of climate variations and
3 other conditions in the particular locality affords no reasonable warning of them.
4 ADDITIONAL WORK: Additional work is that which results from a change or alteration to
5 the contract and for which there are existing contract unit prices.
6 ADMINISTRATOR: The State Highway Administrator.
7 ADVERTISEMENT: The public advertisement inviting bids for the construction of specific
8 projects.
9 AMOUNT BID: The amount bid for a particular item of work in a proposal.
10 ARTICLE: A primary numbered subdivision of a section of the Standard Specifications.
11 AWARD: The decision of the Department of Transportation to accept the bid of the lowest
12 responsible responsive bidder for work that is subject to the furnishing of payment and
13 performance bonds and such other conditions as may be otherwise provided by law, the
14 proposal and these specifications.
15 BASE COURSE: That portion of the pavement structure of planned thickness placed
16 immediately below the pavement or surface course.
17 BID (OR PROPOSAL): Paper Bid: The offer of a bidder on the proposal furnished by the
18 Department to perform the work and to furnish the labor and materials at the prices quoted.
19 Electronic Bid: The electronic offer of a bidder via Bid Express® to the Department to
20 perform the work and to furnish the labor and materials at the prices quoted.
NCDOT 2012 Standard Specifications
Section 101
1-4
1 BID BOND OR BID DEPOSIT: The security furnished by the bidder with his bid as
2 guaranty that he will furnish the required bonds and execute such documents as may be
3 required if his bid is accepted.
4 BIDDER: An individual, partnership, firm, corporation, LLC or joint venture formally
5 submitting a bid for the work contemplated.
6 BOARD OR BOARD OF TRANSPORTATION: The Board created by the provisions of
7 NCGS § 143B-350 for formulating policies for the Department of Transportation and
8 awarding all transportation construction contracts.
9 BRIDGE: A structure including supports, erected over a depression or an obstruction such as
10 water, highway or railway, and having a track or passage way for carrying traffic or other
11 moving loads and having a length measured along the center of the roadway of more than
12 20 ft between undercopings of end supports, spring lines of arches or between extreme ends
13 of openings for multiple reinforced concrete box structures.
14 BRIDGE LENGTH: The length of a bridge structure is the overall length measured along
15 the line of survey stationing back to back of backwalls of abutments, if present, otherwise end
16 to end of the bridge floor.
17 BRIDGE WIDTH: The clear width measured at right angles to the longitudinal centerline of
18 the bridge between the bottom of curbs, guard timbers or face of parapets, or in the case of
19 multiple heights of curbs, between the bottoms of the lower risers.
20 CALENDAR DAY: A day shown on the calendar beginning and ending at midnight.
21 CHIEF ENGINEER: The Chief Engineer, Operations, Division of Highways,
22 North Carolina Department of Transportation acting directly or through his duly authorized
23 representatives.
24 COMPLETION DATE: That date established as set forth in the contract or as revised by
25 authorized extensions, by which it is required that the work set forth in the contract be
26 satisfactorily completed. When observation periods are required by the Specifications, they
27 are not a part of the work to be completed by the completion date or intermediate contract
28 times stated in the contract unless otherwise noted.
29 CONSTRUCTION EASEMENT: A right owned by the Department of Transportation in
30 a parcel of land owned by a third party outside the highway right of way for containing
31 construction that exceeds the right of way.
32 CONTRACT: The executed agreement between the Department and the successful bidder,
33 covering the performance of and compensation for the work.
34 The term contract is all inclusive with reference to all written and electronic agreements
35 affecting a contractual relationship and all documents referred to therein. The contract shall
36 include, but not be limited to, the proposal, the printed contract form and attachments,
37 contract bonds, plans, standard specifications and supplemental specifications, standard
38 special provisions and project special provisions contained in the proposal and all executed
39 supplemental agreements.
40 All references to contracts shall include electronic agreements and printed paper agreements.
41 These may include, but not be limited to, the electronic bid bond, Non-Collusion Affidavit,
42 Debarment Certification, Gift Ban Certification and award limits.
43 The contract shall constitute one instrument.
44 CONTRACT ITEM: A specifically described unit of work for which a unit or lump sum
45 price is provided in the contract. Synonymous with Pay Item.
46 CONTRACT LUMP SUM PRICE: The amount bid for a lump sum item that has been
47 submitted by the Contractor in his proposal.
NCDOT 2012 Standard Specifications
Section 101
1-5
CONTRACT PAYMENT BOND: A bond furnished 1 by the Contractor and his corporate
2 surety securing the payment of those furnishing labor, materials and supplies for the
3 construction of the project.
4 CONTRACT PERFORMANCE BOND: A bond furnished by the Contractor and his
5 corporate surety guaranteeing the performance of the contract.
6 CONTRACT TIME: The number of calendar days inclusive between the date of availability
7 and the completion date, said dates being established as set forth in the special provisions,
8 including authorized extensions to the completion date.
9 CONTRACT UNIT PRICE: The unit bid price for a unit item that has been submitted by
10 the Contractor in his proposal.
11 CONTRACTOR: The successful bidder to whom the contract has been awarded, and who
12 has executed the contract and furnished acceptable contract bonds.
13 CULVERT: Any structure not classified as a bridge that provides an opening under the
14 roadway.
15 CURRENT CONTROLLING OPERATION OR OPERATIONS: Any operation or
16 operations, as determined by the Engineer, that if delayed would delay the completion of the
17 project.
18 DATE OF AVAILABILITY: That date, established as set forth in the special provisions, by
19 which it is anticipated that sufficient work sites within the project limits will be available for
20 the Contractor to begin his controlling operations that are not otherwise limited by
21 moratoriums, listed third party conflicts, or by weather conditions.
22 DEPARTMENT or DEPARTMENT OF TRANSPORTATION: A principal department
23 of the Executive Branch that performs the functions of planning, design, construction and
24 maintenance of an integrated statewide transportation system.
25 DIVISION OF HIGHWAYS: The division of the Department of Transportation that, under
26 the direction of the Secretary of Transportation, carries out state highway planning, design,
27 construction and maintenance functions assigned to the Department of Transportation.
28 DRAINAGE EASEMENT: A right, owned by the Department of Transportation, in a parcel
29 of land owned by a third party outside the highway right of way, to construct and maintain
30 ditches, channels, or structures for directing the course and flow of water outside the highway
31 right of way.
32 EASEMENT: A property right to use or control real property of another.
33 ENGINEER: The State Highway Administrator of the North Carolina Department of
34 Transportation, acting directly or through a duly authorized representative, such
35 representative acting within the scope of particular assigned duties or authority.
36 EQUIPMENT: All machinery and equipment, together with the necessary supplies, tools
37 and apparatus for upkeep and maintenance, all of which are necessary for the proper
38 construction and acceptable completion of the work.
39 EXTRA WORK: Work found necessary or desirable to fully complete the work as
40 contemplated in the contract for which payment is not provided for by the contract unit or
41 lump sum prices in the original contract. Extra work shall not be work that in the terms of the
42 contract is incidental to work for which there is a contract price or work that payment is
43 included in some other contract unit or lump sum price.
44 FINAL ACCEPTANCE DATE: That date on which all work set forth in the contract and
45 work modified by the Engineer is satisfactorily completed excluding any observation periods
46 not specifically made a part of the work by the specifications or special provisions.
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1 FINAL ESTIMATE: The document that contains a final statement of all quantities and total
2 dollar amount for each item of work performed during the life of the contract including any
3 adjustments to those amounts made under the terms of the contract. The final statement will
4 be titled The Final Estimate and will be the document used to document final payment to the
5 Contractor. Receipt of this document by the Contractor will begin the time frame for filing of
6 a verified claim with the Department as provided for in NCGS § 136-29.
7 FINAL ESTIMATE ASSEMBLY: As constructed plans and other project records that
8 establish the final statement of quantities to be paid and document work performed on the
9 project.
10 FORCE ACCOUNT NOTICE: A written notice to the Contractor that extra work ordered
11 by the Engineer will be paid as force account work.
12 FORCE ACCOUNT WORK: Work that is paid in accordance with Article 109-3 or on the
13 basis of the force account formula provided in the contract.
14 HIGHWAY: A general term denoting a public way for purposes of vehicular travel,
15 including the entire area within the right of way. Synonymous with Road and Street.
16 HOUR: One of the 24 equal parts of a day.
17 INSPECTOR: The authorized representative of the Engineer assigned to make a detailed
18 inspection of any or all portions of the work and materials.
19 INTERMEDIATE COMPLETION DATE: That date established as set forth in the special
20 provisions or as revised by authorized extensions, by which date it is required that the portion
21 of work set forth in the contract be satisfactorily completed.
22 INTERMEDIATE COMPLETION TIME: The time established as set forth in the special
23 provisions or as revised by authorized extensions, by which it is required that the portion of
24 work set forth in the contract be satisfactorily completed.
25 INTERMEDIATE CONTRACT TIME (DAYS): The number of calendar days inclusive
26 between the date of availability and the completion date, said days being established as set
27 forth in the special provisions, or as revised by authorized extensions, by which it is required
28 that a portion of that work set forth in the contract be satisfactorily completed.
29 INTERMEDIATE CONTRACT TIME (HOURS): The number of hours inclusive
30 between the time of availability and the intermediate completion time, said times being
31 established as set forth in the special provisions, including authorized extensions to the
32 intermediate completion time.
33 INVERT: The lowest point in the internal cross section of a pipe or other culvert.
34 INVITATION TO BID: The notification that bids will be received for the construction of
35 specific projects.
36 LABORATORY: The testing laboratory of the Department of Transportation or any other
37 testing laboratory that may be designated or approved by the Engineer.
38 LOCAL TRAFFIC: Traffic that must use the facility under construction to reach its
39 destination.
40 MAJOR AND MINOR CONTRACT ITEMS: Major contract items are listed as such in
41 the project special provisions. All other original contract items and extra work shall be
42 considered as minor items.
43 MATERIALS: Any substances that may be incorporated into the construction of the project.
44 MEDIAN: The center section of a divided highway that separates the traffic lanes in one
45 direction from the traffic lanes in the opposite direction.
46 MOBILIZATION: The work described in Article 800-1.
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PAVEMENT STRUCTURE: The combination of 1 base and surface courses placed on
2 a subgrade to support the traffic load and distribute it to the roadbed.
3 PAY ITEM: Synonymous with Contract Item.
4 PLANS: The approved plans, profiles, typical roadway sections, appropriate standard
5 drawings, supplemental plans and working drawings, or exact reproductions thereof, that
6 show the location, dimensions and details of the work to be done and that are a part of the
7 contract.
8 PREBID CONFERENCE: A conference held before bids are accepted on a project at which
9 representatives of the Department will provide information and accept and answer questions
10 from interested parties.
11 PROJECT: The work specified under the contract.
12 PROJECT SPECIAL PROVISIONS: Special provisions peculiar to the project and not
13 otherwise thoroughly or appropriately set forth in the standard specifications or plans.
14 PROPOSAL: The electronic or paper document provided by the Department that the bidder
15 uses to develop his electronic or paper offer to perform the work at designated bid prices.
16 RIGHT OF WAY: The land area shown in the plans as right of way to be furnished by the
17 Department of Transportation within which the project is to be constructed.
18 ROAD: Synonymous with Highway and Street.
19 ROADBED: The graded portion of a highway usually considered as the area between the
20 intersections of top and side slopes, upon which the base course, surface course, shoulders and
21 medians are constructed.
22 ROADSIDE: A general term denoting the area within the limits of the right of way adjoining
23 the outer edge of the roadway. Extensive areas between the roadways of a divided highway
24 may be considered roadside.
25 ROADWAY: The portion of a highway within limits of construction.
26 SECTION: A numbered chapter of the standard specifications.
27 SHOULDER: The portion of the roadway adjacent to the traveled way for accommodation
28 of stopped vehicles, for emergency use and for lateral support of base and surface courses.
29 SIDEWALK: That portion of the roadway primarily constructed for pedestrian traffic.
30 SKEW ANGLE: The angle between the centerline of the project and the centerline of a pipe,
31 culvert, bridge pier, bent, abutment, or other drainage feature, measured to the right of the
32 project centerline facing in the direction of progressing stations.
33 SPECIAL PROVISIONS: Project special provisions and standard special provisions taken
34 together as one body of special provisions.
35 SPECIFICATIONS: The general term comprising all the directions, provisions and
36 requirements contained or referred to in the Standard Specifications, including the
37 Supplemental Specifications, together with such additional directions, provisions and
38 requirements that may be added or adopted as special provisions.
39 STANDARD DRAWINGS: The general term comprising all the directions, provisions and
40 requirements contained or referred to in the book entitled Roadway Standard Drawings and in
41 any subsequent revisions or additions to such book that are issued as Detail Drawings.
42 STANDARD SPECIAL PROVISIONS: Special directions or requirements not otherwise
43 thoroughly or appropriately set forth in the standard specifications and that are peculiar to
44 a selected group of projects.
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1 STANDARD SPECIFICATIONS: The general term comprising all the directions,
2 provisions and requirements contained or referred to in this book entitled Standard
3 Specifications for Roads and Structures and in any subsequent revisions or additions to such
4 book that are issued as Supplemental Specifications.
5 STATE: The State of North Carolina.
6 STATION: A station, when used as a term of measurement, will be 100 linear feet measured
7 horizontally. When used as a location, it will be a designated point on the project.
8 STREET: Synonymous with Highway and Road.
9 SUBCONTRACTOR: An individual, partnership, firm, joint venture, LLC or corporation to
10 whom the Contractor, with the written consent of the Engineer, sublets any part of the
11 contract.
12 SUBGRADE: That portion of the roadbed prepared as a foundation for the pavement
13 structure including curb and gutter. On portions of projects that do not include the
14 construction of a base course or pavement, the presence of the subgrade will not be
15 recognized during the life of such contract.
16 SUBSTRUCTURE: All of that part of the structure below the bearings of simple and
17 continuous spans, spans, skew back of arches and tops of footings of rigid frames, together
18 with the backwalls and wingwalls.
19 SUCCESSFUL BIDDER: The bidder awarded a contract.
20 SUPERINTENDENT: The representative of the Contractor authorized to supervise and
21 direct the construction for the Contractor and to receive and fulfill directions from the
22 Engineer.
23 SUPERSTRUCTURE: All of the part of the structure exclusive of the substructure.
24 SUPPLEMENTAL AGREEMENT: A written agreement between the Contractor and the
25 Department of Transportation covering amendments to the contract.
26 SUPPLEMENTAL SPECIFICATIONS: Specifications, regulations, standards, manuals or
27 codes referenced in the contract or general revisions or additions to this book of standard
28 specifications that are issued under the title of Supplemental Specifications. Supplemental
29 Specifications shall be considered part of the Standard Specifications.
30 SURETY: A corporate bonding company furnishing the bid bond or furnishing the contract
31 payment and performance bonds.
32 TEMPORARY CONSTRUCTION EASEMENT: A temporary right, owned by the
33 Department of Transportation, in a parcel of land owned by a third party outside the highway
34 right of way, for the use of the Department of Transportation during the construction and that
35 reverts to the third party on completion of construction.
36 THROUGH TRAFFIC: Traffic that can reach its destination by a route or routes other than
37 the facility under construction.
38 TIME OF AVAILABILITY: That time established as set forth in the special provisions, by
39 which it is anticipated that sufficient work sites within the project limits will be available for
40 the Contractor to begin his controlling operations.
41 TOTAL AMOUNT BID: Same as total price bid. The total amount bid will be considered
42 to be the correct sum total obtained by adding together the amounts bid for every item in the
43 proposal other than items that are authorized alternates to those items for which an amount bid
44 has been established.
45 UNBALANCED BID: A bid that includes any unbalanced bid price.
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UNBALANCED BID PRICE: A unit or lump sum bid price that d 1 oes not reflect reasonable
2 actual costs that the bidder anticipates for the performance of the item in question along with
3 a reasonable proportionate share of the bidder's anticipated profit, overhead costs and other
4 indirect costs.
5 WORK: Work shall mean the furnishing of all labor, materials, equipment and incidentals
6 necessary or convenient to the successful completion of the project, or any part, portion or
7 phase thereof, and the carrying out of all duties and obligations imposed by the contract.
8 WORKING DRAWINGS: Stress sheets, shop drawings, erection drawings, falsework
9 drawings, cofferdam drawings, catalog cuts, or any other supplementary drawings or similar
10 data that the Contractor is required to submit to the Engineer for review or approval.
11 SECTION 102
12 BIDDING REQUIREMENTS AND CONDITIONS
13 102-1 INVITATION TO BID
14 After the advertisement has been made, an Invitation to Bid will be made available on the
15 Department’s website to interested parties, informing them that bids will be received for the
16 construction of specific projects. Such invitations will indicate the contract identification
17 number, length, locations and descriptions; a general summary of the items and approximate
18 quantities of work to be performed; and the time and place for the public opening and reading
19 of the bids received. Information concerning the cost and availability of plans and proposals
20 will be indicated in the Invitation to Bid.
21 All projects will be advertised in daily newspapers throughout the state before the bid
22 opening.
23 102-2 CONTRACTOR PREQUALIFICATION
24 Contractors desiring to perform work on Department projects shall prequalify with the
25 Department. Upon prequalification, contractors will be placed on the Department’s
26 Prequalified Contractors’ List. The requirements for prequalification are as follows:
27 (A) Bidder Prequalification
28 (1) Applicant shall submit a completed Bidder Experience Questionnaire, along with any
29 additional supporting information requested by the Department, as noted in the
30 experience questionnaire package. Additional requirements for prequalification may
31 be set forth in the bid proposal.
32 (2) Applicant shall demonstrate that he has sufficient ability and experience in related
33 transportation construction projects to perform the work specified in the
34 Department’s contracts, including the type and dollar value of previous contracts.
35 (3) Applicant shall demonstrate a history of successful performance and completion of
36 projects in a timely manner, subject to contract time adjustments.
37 (4) Applicant shall demonstrate the financial ability to furnish bonds as specified in
38 NCGS § 44A-26 and any other relevant statutes.
39 (5) Applicant shall demonstrate sufficient and readily available equipment to perform
40 transportation construction contracts in a timely manner.
41 (6) Applicant shall demonstrate sufficient available experienced personnel to perform
42 transportation construction contracts. The identities and qualifications of both
43 management and labor work force shall be provided.
44 (7) Applicant shall provide names and addresses of persons for whom the firm has
45 performed related work. Responses from the references shall be on Department
46 forms and shall be received by the Department before evaluating the request for
47 prequalification.
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1 (8) Applicant shall provide any information requested concerning the corporate and
2 operational management structure of the company, the identity of persons or entities
3 owning stock or other equity interest in the company, and the relationship between
4 the applicant and any other company prequalified or applying for prequalification
5 with the Department.
6 (9) Applicant shall demonstrate, at the time of application for prequalification, the
7 financial capacity to successfully complete projects containing the work types they
8 so designate.
9 (10)Applicant shall provide further information as may be required to determine that the
10 firm is a responsible bidder.
11 (11)Applicant shall submit an original completed Pre-Bid Non-Collusion Affidavit,
12 Debarment Certification and Gift Ban Certification in accordance with Article 102-9.
13 These forms can be found on the Department’s website.
14 (12)Applicant shall submit a completed Safety Index Rating Form with the Questionnaire
15 and annually thereafter in accordance with Subarticle 102-2(D).
16 Bidders shall renew annually and shall requalify every 3 years in accordance with
17 Subarticle 102-2(E).
18 The Bidder Experience Questionnaire shall be completed in its entirety and signed by
19 an officer of the firm. The officer’s signature shall be notarized. In addition to
20 submitting the Bidder Experience Questionnaire, the prospective bidder shall submit
21 supporting information in a format of his choosing to address the requirements listed
22 above.
23 It is recommended that the prospective bidder file all required statements and documents
24 with the State Contractual Services Engineer no less than 4 weeks before a given letting.
25 A bid shall not be opened unless all prequalification requirements have been met by the
26 bidder and have been found acceptable by the Engineer.
27 (B) Purchase Order Contractor Prequalification
28 Contractors who have been approved to be placed on the Prequalified Bidders' List as
29 noted above may perform work for the Department as a Purchase Order Contractor and
30 need not apply further. However, Purchase Order Contractors will not be placed on the
31 Prequalified Bidders' List unless they submit through the prequalification process
32 described above.
33 (1) Applicant shall submit a completed Department Purchase Order Contractor
34 Application along with any additional supporting information requested by the
35 Department, as noted in the application. Additional requirements for
36 prequalification may be in the bid proposal.
37 (2) Applicant shall demonstrate that it has sufficient ability and experience in related
38 transportation construction projects to perform the work specified in Department
39 contracts, including the type and dollar value of previous contracts.
40 (3) Applicant shall demonstrate a history of successful performance and completion of
41 projects in a timely manner, subject to contract time adjustments.
42 (4) Applicant shall demonstrate the financial ability to furnish bonds as specified in
43 NCGS § 44A-26 if the applicant intends to pursue contracts exceeding $500,000.
44 (5) Applicant shall demonstrate sufficient and readily available equipment to perform
45 transportation construction contracts in a timely manner.
46 (6) Applicant shall provide further information as may be required to determine that the
47 firm is a responsible contractor.
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(7) Applicant shall submit an original completed Pr 1 e-Bid Non-Collusion Affidavit,
2 Debarment Certification and Gift Ban Certification. These forms can be found on
3 the Department’s website.
4 (8) Applicant shall submit a completed Safety Index Rating Form with the application
5 and annually thereafter in accordance with Subarticle 102-2(D).
6 Contractors shall renew annually and requalify every 3 years in accordance with
7 Subarticle 102-2(E).
8 The application shall be completed in its entirety and signed by an officer of the firm.
9 The officer’s signature shall be notarized. In addition to submitting the application, the
10 firm shall submit supporting information in a format of his choosing to address the
11 requirements listed above.
12 It is recommended that the applicant file all required statements and documents with the
13 State Contractual Services Engineer no less than 4 weeks before a given bid opening for
14 their bid to be considered. A bid shall not be opened unless all prequalification
15 requirements have been met by the applicant and have been found acceptable by the
16 Engineer.
17 (C) Subcontractor Prequalification
18 Contractors who have been approved to be placed on the Prequalified Bidders' List or the
19 POC Prime Contractors’ List as noted above may perform work for the Department as
20 a subcontractor and need not apply further. However, subcontractors will not be placed
21 on the Prequalified Bidders' List unless they submit through the prequalification process
22 described above.
23 (1) Applicant shall submit a completed Subcontractor Application along with any
24 additional supporting information requested by the Department. Additional
25 requirements for prequalification may be in the bid proposal.
26 (2) Applicant shall demonstrate sufficient ability and experience in related transportation
27 construction projects to perform the work specified in Department contracts,
28 including the type of previous contracts.
29 (3) Applicant shall demonstrate sufficient and readily available equipment to perform
30 transportation construction contracts in a timely manner.
31 (4) Applicant shall submit a completed Safety Index Rating Form with the Subcontractor
32 Application and annually thereafter in accordance with Subarticle 102-2(D).
33 (5) Applicant shall provide further information as may be required.
34 Subcontractors shall renew annually and shall requalify every 3 years in accordance with
35 Subarticle 102-2(E).
36 The Subcontractor Application shall be completed in its entirety. In addition to
37 submitting the Subcontractor Application, the prospective subcontractor shall submit
38 supporting information in a format of their choosing to address the requirements listed
39 above.
40 The subcontractor shall file all required statements and documents with the State
41 Contractual Services Engineer no less than 4 weeks before beginning work.
42 A subcontractor will not be allowed to begin work until all prequalification requirements
43 have been met by the subcontractor and have been found acceptable by the Engineer.
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1 (D) Safety Index
2 The Department will conduct a review of each firm’s safety index. To be prequalified,
3 each firm shall maintain a satisfactory safety index. An overall safety index of at least 60
4 is considered satisfactory. An index between 60 and 69 may be considered marginal and
5 may result in an in-depth safety audit of a firm’s safety practices. An overall safety index
6 equal to or less than 59 is considered unsatisfactory and will prohibit prequalification of
7 new firms.
8 A score of 59 or less for renewing or requalifying firms will result in disciplinary action
9 pursuant to Subarticles 102-2(D)(1) through 102-2(D)(4). The Engineer may require the
10 Contractor to state in writing the reason for the unsatisfactory rating and produce such
11 supporting data as may be necessary to evaluate the circumstances surrounding the rating.
12 When the Contractor cannot provide justification to raise the unsatisfactory safety index,
13 the Engineer may invoke one or more of the following sanctions:
14 (1) Removal of the firm from the Prequalified Contractors’ List,
15 (2) Placement of the firm on probation for up to 2 years,
16 (3) Auditing of the firm’s safety practices and
17 (4) Giving a written warning to correct any safety deficiencies.
18 Firms not approved or disqualified to bid or perform subcontract work due to
19 an unsatisfactory safety index will not be approved or reinstated to bid or perform
20 subcontract work until they can provide adequate evidence that all safety deficiencies
21 have been corrected to the satisfaction of the Engineer.
22 (E) Renewal and Requalification
23 Renewal of firms shall occur annually on or before the firm’s anniversary date. Renewal
24 shall consist of submitting an updated application. Bids of firms who fail to submit these
25 documents by their anniversary date will not be considered until such time as these
26 documents are received and approved by the Engineer. The Engineer may review
27 performance related issues when considering firms for renewal. Subcontractors who fail
28 to submit these documents by their anniversary date will not be allowed to begin work on
29 any new contracts until these documents are received and approved by the Engineer.
30 Requalifying of firms shall occur every 3 years. Requalifying shall consist of submitting
31 an updated application. Bids of firms who fail to submit these documents by their
32 anniversary date will not be considered until such time as these documents are received
33 and approved by the Engineer. The Engineer may review performance related issues
34 when considering firms for requalification. Subcontractors who fail to submit these
35 documents by their anniversary date will not be allowed to begin work on any new
36 contracts until these documents are received and approved by the Engineer.
37 It is recommended that the renewing or requalifying firm file all required statements and
38 documents with the State Contractual Services Engineer no less than 4 weeks before a
39 given letting for their bid to be considered. Following the anniversary date, a bid will not
40 be opened unless all renewal or requalification requirements have been met by the bidder
41 and have been found acceptable by the Engineer. Following the anniversary date, a
42 subcontractor may not begin any new work unless all renewal or requalification
43 requirements have been met by the firm and have been found acceptable by the Engineer.
44 102-3 PROPOSALS AND PLAN HOLDER LISTS
45 On Department projects advertised through the Raleigh Central Office, the bidder shall
46 purchase a proposal for each project for which he intends to submit a bid. The prospective
47 bidder will be required to pay the Department the sum stated in the Invitation to Bid for each
48 copy of the proposal and set of plans purchased.
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This proposal will state the location of the contemplated 1 construction and show a schedule of
2 contract items with the approximate quantity of each of these items for which bid prices are
3 invited. It will set forth the date and time for the opening of bids. The proposal will include
4 any special provisions or requirements that vary from, or are not contained in, the plans or
5 Standard Specifications.
6 The plans, Standard Specifications and other documents designated in the proposal shall be
7 considered a part of the proposal whether or not attached.
8 The names and identity of corporations, firms, partnerships, individuals, LLCs or joint
9 ventures who have requested plans or proposals for the purposes of bidding shall be made
10 public, except that a potential bidder who obtains a set of plans/proposals may, at the time of
11 ordering, request that his name remain confidential.
12 (A) Paper Bids
13 The proposal will include the printed contract forms and signature sheets for execution by
14 both parties to the contract. In the event the bidder is awarded the contract, execution of
15 the bid by the bidder is considered the same as execution of the contract.
16 All papers bound with the proposal are necessary parts thereof and shall not be detached,
17 taken apart or altered.
18 (B) Electronic Bids
19 The bidder shall bid in accordance with Subarticle 102-8(B).
20 102-4 COMBINATION BIDS
21 If the Department so elects, proposals may be issued for projects in combination or separately,
22 so that bids may be submitted either on the combination or on separate units of the
23 combination. The right is reserved to make awards on combination bids or separate bids to
24 the best advantage of the Department. No combination bids, other than those specified by the
25 Department in the proposal will be considered.
26 102-5 INTERPRETATION OF QUANTITIES IN PROPOSAL
27 The quantities appearing in the proposal are approximations only and are to be used soley for
28 the comparison of bids. Payment to the Contractor will be made in accordance with the
29 contract.
30 When revisions in the plans are made by the Engineer that affect the quantities shown for
31 lump sum items, adjustment in compensation may be made under the provisions of
32 Articles 104-3 or 104-7.
33 102-6 EXAMINATION OF PLANS, SPECIFICATIONS, CONTRACT AND SITE
34 OF WORK
35 The bidder shall examine carefully the site of the work contemplated, the plans and
36 specifications, and the proposals and contracts therefor. The submission of a bid shall be
37 conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be
38 encountered; the character, quality and scope of work to be performed; the quantities of
39 materials to be furnished; and the conditions and requirements of the proposal, plans and
40 contract under which his bid is offered.
41 A bidder or contractor is cautioned to make such independent investigation and examination
42 as he deems necessary to satisfy himself as to conditions to be encountered in the performance
43 of the work and with respect to possible local material sources, the quality and quantity of
44 material available from such property, and the type and extent of processing that may be
45 required to produce material conforming to the contract.
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1 102-7 SUBSURFACE INVESTIGATION REPORT
2 If a subsurface investigation report is available on a project, a copy may be obtained by the
3 plan holders upon request.
4 The subsurface report and the subsurface investigation on which it is based was made for
5 study, planning and design and not for construction or pay purposes. The various field boring
6 logs, rock cores and soil test data available may be reviewed or inspected in Raleigh at the
7 office of the Geotechnical Engineering Unit. Neither the subsurface investigation report nor
8 the field boring logs, rock cores, or soil test data is part of the contract.
9 General soil and rock strata descriptions and indicated boundaries are based on a geotechnical
10 interpretation of all available subsurface data and may not necessarily reflect the actual
11 subsurface conditions between borings or between sampled strata within the borehole. The
12 laboratory sample data and the in-place test data can be relied on only to the degree of
13 reliability inherent in the standard test method. The observed water levels or soil moisture
14 conditions indicated in the subsurface investigations are as recorded at the time of the
15 investigation. These water levels or soil moisture conditions may vary considerably with time
16 according to climatic conditions including temperature, precipitation and wind, as well as
17 other nonclimatic factors.
18 The bidder or contractor is cautioned that details shown in the subsurface investigation report
19 are preliminary only; the final design details may be different. For bidding and construction
20 purposes, refer to the contract for final design information on this project. The Department
21 does not warrant or guarantee the sufficiency or accuracy of the investigation made, nor the
22 interpretations made or opinions of the Department as to the type of materials and conditions
23 that may be encountered. The bidder or contractor is cautioned to make independent
24 subsurface investigations, as he deems necessary, to satisfy himself as to conditions to be
25 encountered on this project. The Contractor shall have no claim for additional compensation
26 or for an extension of time for any reason resulting from the actual conditions encountered at
27 the site differing from those indicated in the subsurface investigation.
28 102-8 PREPARATION AND SUBMISSION OF BIDS
29 The bidder shall submit a unit or lump sum price for every item in the proposal other than
30 items that are authorized alternates to those items for which a bid price has been submitted.
31 An amount bid shall be entered in the proposal for every item on which a unit price has been
32 submitted. As an exception to the above, when the proposal permits a bidder to submit a bid
33 on only a portion of the work covered by the entire proposal, the bidder shall then submit
34 a unit or lump sum price for every item constituting that portion of the work on which the
35 bidder has elected to place a bid other than items that are authorized alternates to those items
36 for which a bid price has been submitted.
37 In the case of lump sum items, the price shall be written in figures in the Amount Bid column
38 in the proposal.
39 The bid shall not contain any unauthorized additions, deletions or conditional bids.
40 The bidder shall not add any provision reserving the right to accept or reject an award or to
41 enter into a contract pursuant to an award.
42 The bid shall not be an unbalanced bid.
43 (A) Paper Bids
44 (1) The proposal provided by the Department shall be used and shall not be taken apart
45 or altered. The bid shall be submitted on the same proposal that has been furnished
46 to the bidder by the Department.
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The bid shall be accompanied by a bid 1 bond on the form furnished by the
2 Department or by a bid deposit. The bid bond shall be completely and properly
3 executed in accordance with Article 102-10. The bid deposit shall be a certified
4 check or cashier’s check in accordance with Article 102-10.
5 (2) All entries including signatures shall be written in ink.
6 (3) The unit prices shall be rounded off by the bidder to contain no more than 4 decimal
7 places.
8 (4) An amount bid shall be entered in the proposal for every item on which a unit price
9 has been submitted. The amount bid for each item other than lump sum items shall
10 be determined by multiplying each unit bid price by the quantity for that item and
11 shall be written in figures in the Amount Bid column in the proposal.
12 (5) In the case of lump sum items, the price shall be written in figures in the Amount Bid
13 column in the proposal.
14 (6) The total amount bid shall be written in figures in the proper place in the proposal.
15 The total amount bid shall be determined by adding the amounts bid for each item.
16 (7) Changes in any entry shall be made by marking through the entry in ink and making
17 the correct entry adjacent thereto in ink. A representative of the bidder shall initial
18 the change in ink.
19 (8) The bid shall be properly executed. To constitute proper execution, the bid shall be
20 executed in strict compliance with the following:
21 (a) If a bid is by an individual, it shall show the name of the individual and shall be
22 signed by the individual with the word Individually appearing under the
23 signature. If the individual operates under a firm name, the bid shall be signed
24 in the name of the individual doing business under the firm name.
25 (b) If the bid is by a corporation, the President, Vice President, or Assistant Vice
26 President shall execute it in the name of the corporation. The Secretary or
27 Assistant Secretary shall attest it. The seal of the corporation shall be affixed. If
28 the bid is executed on behalf of a corporation in any other manner than as above,
29 a certified copy of the minutes of the Board of Directors of said corporation
30 authorizing the manner and style of execution and the authority of the person
31 executing shall be attached to the bid or shall be on file with the Department.
32 (c) If the bid is made by a partnership, it shall be executed in the name of the
33 partnership by one of the general partners.
34 (d) If the bid is made by a limited liability company, it shall be signed by the
35 manager, member or authorized agent and notarized.
36 (e) If the bid is a joint venture, it shall be executed by each member of the joint
37 venturers in the appropriate manner set out above. In addition, the execution by
38 the joint venturers shall appear below their names.
39 (f) The bid execution shall be notarized by a notary public whose commission is in
40 effect on the date of execution. Such notarization shall be applicable both to the
41 bid and to the Non-Collusion Affidavit, Debarment Certification and Gift Ban
42 Certification that is part of the signature sheets.
43 (9) The bid shall be placed in a sealed envelope and shall have been delivered to and
44 received by the Department before the time specified in the Invitation to Bid.
NCDOT 2012 Standard Specifications
Section 102
1-16
1 (B) Electronic Bids
2 The Department will not be responsible if a bidder cannot submit his bid to Bid
3 Express®. Claims will not be accepted for such failure.
4 (1) Obtain an account and valid Digital Signature from Bid Express® to bid
5 electronically.
6 (2) Subarticle 103-2(B) will apply to Electronic Bidding.
7 (3) The bid shall be accompanied by an electronic bid bond or by a bid deposit. The bid
8 bond shall be completely and properly executed in accordance with Article 102-10.
9 The bid deposit shall be a certified check or cashier check in accordance with
10 Article 102-10.
11 (4) The bidder shall provide a Non-Collusion Affidavit, Debarment Certification and
12 Gift Ban Certification in accordance with Articles 102-2 and 102-9.
13 (5) All addenda and attachments will be considered part of the bid.
14 (6) All bids shall be submitted with an electronically affixed digital signature. Affixing
15 a digital ID to the bid shall be the equivalent of signing before a notary public.
16 (7) By submitting an electronic bid, the bidder certifies that he has read, understands,
17 accepts, acknowledges and agrees to comply with all statements, conditions and
18 specifications in the electronic bid submittal.
19 (8) Bids will be decrypted, opened, printed to paper and read publicly in accordance
20 with Article 102-13.
21 (9) The Contractor shall submit a fully executed Execution of Contract, signature sheet
22 and payment and performance bonds within 14 calendar days of receipt of award
23 letter in accordance with Article 102-9.
24 102-9 NON-COLLUSION AFFIDAVIT, DEBARMENT CERTIFICATION AND
25 GIFT BAN CERTIFICATION
26 (A) General
27 Prime Contractors and lower tier participants in each transaction involving public funds
28 shall execute a Non-Collusion Affidavit, Debarment Certification and Gift Ban
29 Certification. Transactions that require certifications from lower tier participants are:
30 (1) Transactions between a Prime Contractor and a person, other than for a procurement
31 contract, for goods or services, regardless of type.
32 (2) Procurement contracts for goods and services, between a prime contractor and
33 a person, regardless of type, expected to equal or exceed the Federal small purchase
34 threshold fixed at 10 U.S.C. 2304(g) as revised [currently $100,000] under a prime
35 contract.
36 (3) Procurement contracts for goods or services between a prime contractor and
37 a person, regardless of the amount, under which that person will have a critical
38 influence on or substantive control over the transaction. Such persons include, but
39 are not limited to, bid estimators and contract managers.
40 The certifications for both the Prime Contractor and the lower tier participants shall be on
41 a form furnished by the Department to comply with Federal Highway Administration
42 requirements, as published in 49 CFR Part 29. The Prime Contractor is responsible for
43 obtaining the certifications from the lower tier participants and is responsible for keeping
44 them as part of the contract records.
NCDOT 2012 Standard Specifications
Section 102
1-17
1 (B) Non-Collusion Affidavit
2 In compliance with applicable Federal and State laws and regulations, each and every
3 bidder shall furnish the Department with an affidavit certifying that the bidder has not
4 entered into any agreement, participated in any collusion, or otherwise taken any action
5 in restraint of free competitive bidding in connection with his bid on the project. The
6 affidavit shall conclusively indicate that the bidder intends to do the work with its own
7 bona fide employees or subcontractors and is not bidding for the benefit of another
8 contractor.
9 (C) Debarment Certification
10 In compliance with applicable Federal and State laws and regulations, each and every
11 bidder shall furnish the Department with a debarment certification, stating that he is not
12 debarred, or if he is debarred, an explanation shall be included. The explanation will not
13 necessarily result in denial of participation in a contract. Failure to furnish a certification
14 or an explanation will be grounds for rejection of a bid. If the prequalified bidder’s status
15 changes, he shall immediately submit a new fully executed debarment certification with
16 an explanation of the change.
17 Failure to have a fully executed Non-Collusion Affidavit, Debarment Certification and
18 Gift Ban Certification on file in the Contractual Services Office before submitting bids
19 will cause those bids to be non-responsive.
20 (1) Paper Bid
21 Execution of Bid, Non-Collusion Affidavit, Debarment Certification and Gift Ban
22 Certification forms will be included in the proposal as part of the signature sheets.
23 Execution of the signature sheets will constitute Execution of the Bid,
24 Non-Collusion Affidavit, Debarment Certification and Gift Ban Certification. The
25 signature sheets shall be notarized.
26 (2) Electronic Bids
27 The prequalified bidder shall have a fully executed Non-Collusion Affidavit,
28 Debarment Certification and Gift Ban Certification on file in the Contractual
29 Services Office before submitting his bid. Forms may be downloaded from the
30 Department’s website.
31 The bidder shall provide a Debarment Certification in the electronic bid submittal. If
32 a bidder cannot provide the Debarment Certification required, he shall provide
33 an explanation in the Bid Express® miscellaneous folder within the .ebs file.
34 Within 14 calendar days after notice of award is received by him, the successful
35 bidder shall submit a fully executed Execution of Contract, Non-Collusion Affidavit,
36 Debarment Certification and Gift Ban Certification signature sheet.
37 102-10 BID BOND OR BID DEPOSIT
38 Each bid shall be accompanied by a corporate bid bond or a bid deposit of a certified or
39 cashier’s check in the amount of at least 5% of the total amount bid for the contract. When
40 a bid is secured by a bid deposit, the execution of a bid bond will not be required.
41 If the bidder has failed to meet all conditions of the bid bond and the Department has not
42 received the amount due under the bid bond, the bidder may be disqualified from further
43 bidding as provided in Article 102-15.
NCDOT 2012 Standard Specifications
Section 102
1-18
1 No bid will be considered or accepted unless accompanied by one of the foregoing securities.
2 The bid bond shall be executed by a corporate surety licensed to do business in
3 North Carolina. The certified check or cashier’s check shall be drawn on a bank or trust
4 company insured by the Federal Deposit Insurance Corporation. Both shall be made payable
5 to the Department of Transportation in an amount of at least 5% of the total amount bid for
6 the contract. The condition of the bid bond or bid deposit is: the Principal shall not withdraw
7 its bid within 60 days after the opening of same and, if the Department shall award a contract
8 to the Principal, the Principal shall, within 14 calendar days after the notice of award is
9 received by him, give payment and performance bonds with good and sufficient surety as
10 required for the faithful performance of the contract and for the protection of all persons
11 supplying labor and materials in the prosecution of the work. In the event of the failure of the
12 Principal to give such payment and performance bonds as required, then the amount of the bid
13 bond shall be immediately paid to the Department as liquidated damages, or, in the case of a
14 bid deposit, the deposit shall be forfeited to the Department.
15 Withdrawal of a bid due to a mistake made in the preparation of the bid, where permitted by
16 Article 103-3, shall not constitute withdrawal of a bid as cause for payment of the bid bond or
17 forfeiture of the bid deposit.
18 When a bid is secured by a bid bond, the bid bond shall be on the form furnished by the
19 Department. The bid bond shall be executed by both the bidder and a corporate surety
20 licensed under the laws of North Carolina to write such bonds. The execution by the bidder
21 shall be in the same manner as required by Article 102-8 for the proper execution of the bid.
22 The execution by the corporate surety shall be the same as is provided for by
23 Subarticle 102-8(A)(8)(b), for the execution of the bid by a corporation. The seal of the
24 corporate surety shall be affixed to the bid bond. The bid bond form furnished is for
25 execution of the corporate surety by a General Agent or Attorney in Fact. A certified copy of
26 the Power of Attorney shall be attached if the bid bond is executed by a General Agent or
27 Attorney in Fact. The Power of Attorney shall contain a certification that the Power of
28 Attorney is still in full force and effect as of the date of the execution of the bid bond by the
29 General Agent or Attorney in Fact. If the bid bond is executed by the corporate surety, the
30 President, Vice President or Assistant Vice President, and attested to by the Secretary or
31 Assistant Secretary, then the bid bond form furnished shall be modified for such execution,
32 instead of execution by the Attorney in Fact or the General Agent.
33 An electronic corporate surety bid bond for at least 5% of the total amount bid shall
34 accompany each electronic bid, or the Contractor may submit a certified check or cashier’s
35 check instead of an electronic bid bond. The certified check or cashier’s check shall be for at
36 least 5% of the total amount bid, shall be received by 5:00 p.m. the last business day before
37 the bid letting and shall be delivered to the Contract Officer at the address shown in the
38 Invitation to Bid.
39 Contact either or both of the following bond management companies to acquire the necessary
40 service to submit an electronic bid bond:
41 (A) Surety 2000
42 100 Terminal Dr., Plainview, NY 11803, 1-800-660-3263
43 (B) Surepath (InSure Vision Technologies, LLC)
44 5170 Sepulveda Blvd., Ste. 200, Sherman Oaks, CA 91403, 1-818-783-3460
45 102-11 DELIVERY OF BIDS
46 Paper Bids shall be delivered before the time and place specified in the contract. Bids
47 received after such time will not be accepted and will be returned to the bidder unopened.
48 Electronic Bids shall be submitted via approved Department electronic bidding software in
49 accordance with Article 102-8.
NCDOT 2012 Standard Specifications
Section 102
1-19
1 102-12 WITHDRAWAL OR REVISION OF BIDS
2 (A) Paper Bid
3 A bidder may, without prejudice to himself, withdraw a paper bid after it has been
4 delivered to the Department, provided the request for such withdrawal is made, in
5 writing, to the Contract Officer before the date and time set for the opening of bids. The
6 bidder may then submit a revised bid provided it is received before the time set for
7 opening of bids.
8 Only those persons authorized to sign bids under the provisions of Subarticle 102-8(A)(8)
9 shall be recognized as being qualified to withdraw a bid.
10 (B) Electronic Bid
11 An electronic bid may be changed and resubmitted as many times as desired before the
12 advertised bid opening time specified in the Invitation to Bid. The latest time stamped
13 electronically submitted bid before the advertised bid opening time will constitute the
14 bid.
15 Withdrawal of a bid after the date and time set for the opening of bids will be permitted
16 only in accordance with Article 103-3.
17 102-13 RECEIPT AND OPENING OF BIDS
18 A bid will be received and opened from any bidder who:
19 (A) Is prequalified in accordance with the provisions of Article 102-2 and
20 (B) Has delivered the bid to the place indicated in the contract before the time indicated in the
21 Invitation to Bid.
22 (1) Paper Bids will be opened and read publicly at the time and place indicated in the
23 Invitation to Bid.
24 (2) Electronic Bids will be decrypted, opened, printed to paper and read publicly at the
25 time and place specified in the Invitation to Bid.
26 Bidders, their authorized agents and other interested parties are invited to be present.
27 A bid received from a bidder who has not complied with the above requirements will be
28 returned to the Bidder unopened and under no circumstances will be considered for award.
29 In the event of technical difficulties or adverse weather conditions, the Department reserves
30 the right to postpone the reading of bids past the advertised bid opening time and date.
31 102-14 REJECTION OF BIDS
32 Any bid submitted that fails to comply with any of the requirements of Articles 102-8, 102-9
33 and 102-10 shall be considered irregular and may be rejected.
34 Irregularities due to apparent clerical errors and omissions may be waived in accordance with
35 Article 103-2.
36 Any bid including any unit or lump sum bid price that is unbalanced to the potential detriment
37 of the Department will be considered irregular and may be rejected. In the event the Board
38 determines it is in the best public interest to accept such irregular bid, it may award the
39 contract based on such bid subject to Subarticle 109-4(C).
40 All bidders shall comply with all applicable laws regulating the practice of general contracting
41 as contained in Chapter 87 of the General Statutes of North Carolina, except where waived by
42 the Department by project special provision for certain specialty work. Bidders shall comply
43 with all other applicable laws regulating the practices of electrical, plumbing, heating and air
44 conditioning and refrigeration contracting as contained in Chapter 87 of the General Statutes
45 of North Carolina.
NCDOT 2012 Standard Specifications
Section 102
1-20
1 (A) State Funded Projects
2 The bidder shall be licensed by the North Carolina Licensing Board for General
3 Contractors where the bid is $30,000 or more. Bids received from bidders not meeting
4 this requirement will be considered non-responsive and will not be considered for award.
5 (B) Federal Aid Projects
6 The bidder is not required to be licensed by the North Carolina Licensing Board for
7 General Contractors to place a bid of $30,000 or more. However, a project may not be
8 awarded until the bidder provides evidence that the appropriate General Contractor
9 license has been obtained. The license shall be obtained within 60 days of bid opening or
10 the project may be awarded to another bidder or all bids rejected. No contract time
11 extension will be considered for delays associated with obtaining a license.
12 The right to reject any and all bids shall be reserved to the Department.
13 102-15 DISQUALIFICATION OF BIDDERS
14 Any one of the following causes may be justification for disqualifying a Contractor from
15 further bidding until he has applied for and has been requalified in accordance with
16 Article 102-2:
17 (A) Unsatisfactory progress in accordance with Article 108-8.
18 (B) Being declared in default in accordance with Article 108-9.
19 (C) Uncompleted contracts which, in the judgment of the Engineer, might hinder or prevent
20 the timely completion of additional work if awarded.
21 (D) Failure to comply with prequalification requirements.
22 (E) The submission of more than one bid for the same contract by individuals, partnerships,
23 joint ventures, LLCs or corporations whom the Department determines are under
24 sufficient common ownership and management control to warrant the firms be
25 considered a single entity.
26 (F) Evidence of collusion among bidders. Each participant in such collusion will be
27 disqualified.
28 (G) Failure to furnish a Non-Collusion Affidavit, Debarment Certification or Gift Ban
29 Certification upon request.
30 (H) Failure to comply with Article 108-6.
31 (I) Failure to comply with a written order of the Engineer as provided in Article 105-1, if in
32 the judgment of the Engineer, such failure is of sufficient magnitude to warrant
33 disqualification.
34 (J) Failure to satisfy the Disadvantaged Business Enterprise requirements of the project
35 special provisions.
36 (K) The Department has not received the amount due under a forfeited bid bond or under the
37 terms of a performance bond.
38 (L) Failure to submit the documents required by Article 109-10 within 60 days after request
39 by the Engineer.
40 (M) Failure to return overpayments as directed by the Engineer.
41 (N) Failure to maintain a satisfactory safety index as required by Article 102-2.
42 (O) Recruitment of Department employees for employment as prohibited by Article 108-5.
43 (P) False information submitted on any application, statement, certification, reports, records
44 or reproduction.
NCDOT 2012 Standard Specifications
Section 103
1-21
(Q) Conviction of any employee of the company, of any applicable 1 state or federal law, may
2 be fully imputed to the business firm with which he is or was associated or by whom he
3 was employed or with the knowledge or approval of the business firm or there after
4 ratified by it.
5 (R) Being debarred from performing work with other Federal, State and city agencies.
6 (S) Failure to perform guaranty work within the terms of the contract.
7 (T) Failure to make prompt payment in accordance with Article 109-4.
8 Upon a determination that a contractor should be disqualified for one or more of the reasons
9 listed above, the Department may, at its discretion, remove all entities which are considered as
10 a single entity as described in Subarticle 102-15(E).
11 SECTION 103
12 AWARD AND EXECUTION OF CONTRACT
13 103-1 CONSIDERATION OF BIDS
14 After the bids are opened and read, they will be compared on the basis of the summation of
15 the products of the quantities shown in the bid schedule by the unit bid prices. The results of
16 such comparisons will be immediately available to the public. In the event of errors,
17 omissions, or discrepancies in the bid prices, corrections to the bid prices will be made in
18 accordance with Article 103-2. Such corrected bid prices will be used for the comparison and
19 consideration of bids.
20 The right is reserved to reject any or all bids, to waive technicalities, to request the low bidder
21 to submit an up-to-date financial and operating statement, to advertise for new bids or to
22 proceed to do the work otherwise, if in the judgment of the Department, the best interests of
23 the State will be promoted thereby.
24 103-2 CORRECTION OF BID ERRORS
25 The provisions of this article shall apply in waiving irregularities and correcting apparent
26 clerical errors and omissions in the unit bid price and the amount bid for bid items.
27 (A) Paper Bid
28 (1) Omitted Unit Bid Price--Amount Bid Completed--Quantity Bid on is One Unit
29 In the case of a bid item for which the amount bid is completed, but the unit bid price
30 is omitted and the quantity shown in the proposal for the bid item is only one unit,
31 the unit bid price shall be deemed to be the same as the amount bid for that bid item
32 and shall constitute the contract unit price for that bid item.
33 (2) Omitted Unit Bid Price--Amount Bid Completed--Quantity Bid on is More Than
34 One Unit
35 In the case of a bid item for which the amount bid is completed (extension of the unit
36 bid price by the quantity) but the unit bid price is omitted and the quantity shown in
37 the proposal for the bid item is more than one unit, the unit bid price shall be deemed
38 to be the amount derived by dividing the amount bid for that item by the quantity
39 shown in the proposal for that bid item and shall constitute the contract unit price for
40 that bid item.
NCDOT 2012 Standard Specifications
Section 103
1-22
1 (3) Discrepancy in the Unit Bid Price and the Amount Bid
2 In the case of a bid item in which there is a discrepancy between the unit bid price
3 and the extension for the bid item (amount bid), the unit bid price shall govern.
4 As an exception to the above, on bids for contracts not funded with any federal
5 funds, the extension for the bid item (amount bid) shall govern when the discrepancy
6 consists of an obvious clerical mistake in the unit bid price consisting of the
7 misplacement of a decimal point. The correction to the unit bid price will be made
8 only when the following two conditions are met:
9 (a) The corrected unit bid price multiplied by the quantity equals the amount bid for
10 the bid item.
11 (b) The corrected unit bid price is closer to the average of the engineer's estimate
12 and the individual bids for the contract item than the uncorrected unit bid price.
13 (4) Omitted Unit Bid Price and Omitted Amount Bid--Deemed Zero Bid
14 (a) State Funded Projects
15 In the case of omission of the unit bid price and the omission of the amount bid
16 for any one item except Mobilization and, in the case of the omission of the
17 amount bid where a lump sum price is called for, the amount bid and the unit bid
18 price shall be deemed to be zero where the value of the omitted amount bid is
19 1% or less of the total amount bid for the entire project (excluding the omitted
20 item). The value of the omitted amount bid will be derived by determining the
21 average of the engineer's estimate and the individual bids for that contract item.
22 Where the unit bid price is deemed to be zero as provided in this subarticle, such
23 zero unit bid price shall constitute the contract unit price for the affected bid
24 item.
25 Where the amount bid for a lump sum bid item is deemed to be zero except
26 Mobilization, as provided in this subarticle, such zero amount bid shall
27 constitute the contract lump sum price for that bid item.
28 In the case of omission of the amount bid for Mobilization, the bid shall be
29 deemed irregular and may be rejected.
30 (b) Federally Funded Projects
31 In the case of omission of the unit bid price and the omission of the amount bid
32 for any one item and, in the case of the omission of the amount bid where
33 a lump sum price is called for, the bid will be considered nonresponsive and will
34 not be considered for award.
35 (5) Unit Bid Prices Containing More Than Four Decimal Places
36 In the case of a Bid Item for which the amount bid contains more than 4 decimal
37 places for the Unit Bid Price, only the whole number and the first 4 decimal places
38 shall constitute the Contract Unit Price for that Bid Item.
39 (B) Electronic Bids
40 (1) Enter a unit price in schedule of items. Totals will be generated automatically.
41 (2) Data incorrectly entered may not be recognized, and the bid item may remain blank
42 until entered correctly.
43 (3) Enter no more than 4 decimal places for unit price.
NCDOT 2012 Standard Specifications
Section 103
1-23
(4) Do not enter zero (0) in any unit price field unless 1 zero is the intended bid for that
2 item. Zero will be considered a valid bid. However, where zeros are entered for
3 items that are authorized alternates to those items for which a non-zero bid price has
4 been submitted, zeros will be deemed invalid.
5 (5) When the proposal allows alternate bids, the bidder shall submit a unit or lump sum
6 price for every item in the proposal other than items that are authorized alternates to
7 those items for which a bid price has been submitted. Where the bidder submits
8 a unit price other than zero for all items of an authorized alternate, the Department
9 will determine the lowest total price based on the alternate bid.
10 103-3 WITHDRAWAL OF BIDS--MISTAKE
11 (A) Criteria for Withdrawal of Bid
12 The Department of Transportation may allow a bidder submitting a bid pursuant to
13 NCGS § 136-28.1 for construction or repair work to withdraw his bid after the scheduled
14 time of bid opening upon a determination that:
15 (1) A mistake was in fact made in the preparation of the bid.
16 (2) The mistake in the bid is of a clerical or mathematical nature and not one of bad
17 judgment, carelessness in inspecting the work site or in reading the contract.
18 (3) The mistake is found to be made in good faith and was not deliberate or by reason of
19 gross negligence.
20 (4) The amount of the error or mistake is equal to or greater than 3% of the total amount
21 bid.
22 (5) The notice of mistake and request for withdrawal of the bid by reason of the mistake
23 is communicated to the Engineer within 48 hours after the scheduled time of bid
24 opening. Upon proper notification of a mistake and request for withdrawal of bid,
25 the bidder shall submit within 48 hours written notice of mistake accompanied by
26 copies of bid preparation information to the Engineer. The notification of a mistake,
27 request for withdrawal of bid and copies of bid preparation information shall be
28 submitted to the State Contract Officer or Engineer.
29 (6) The Department will not be prejudiced or damaged except for the loss of the bid.
30 (B) Hearing by the Engineer
31 If a bidder files a notice of mistake along with a request to withdraw his bid, the Engineer
32 will promptly hold a hearing thereon. The Engineer will give to the requesting bidder
33 reasonable notice of the time and place of any such hearing. The bidder may appear at
34 the hearing and present the original working papers, documents or materials used in the
35 preparation of the bid sought to be withdrawn, together with other facts and arguments in
36 support of his request to withdraw his bid. The bidder shall be required to present
37 a written affidavit that the documents presented are the original, unaltered documents
38 used in the preparation of the bid.
39 (C) Action by State Highway Administrator
40 A determination may be made by the Administrator that the bidder meets the criteria for
41 withdrawal of the bid as set forth in Subarticle 103-3(A) upon presentation of clear and
42 convincing evidence by the bidder. The Engineer will present his findings to the State
43 Highway Administrator for action on the bidder's request. The Engineer will advise the
44 bidder of the Administrator's decision before the Department's consideration of award.
NCDOT 2012 Standard Specifications
Section 103
1-24
1 (D) Bid Bond
2 If a bid mistake is made and a request to withdraw the bid is made, the bid bond shall
3 continue in full force and effect until there is a determination by the Administrator that
4 the conditions in Subarticle 103-3(A) have been met. The effect of the refusal of the
5 Contractor to give payment and performance bonds within 14 calendar days after the
6 notice of award is received by him, if award has been made by the Department after
7 consideration and denial of the Contractor's request to withdraw his bid, shall be
8 governed by the terms and conditions of the bid bond.
9 103-4 AWARD OF CONTRACT
10 (A) General
11 The North Carolina Department of Transportation, in accordance with the provisions of
12 Title VI of the Civil Rights Act of 1964 (78 Stat. 252) and the Regulations of the
13 Department of Transportation (49 CFR, Part 21), issued pursuant to such act, hereby
14 notifies all bidders that it will affirmatively insure that contracts entered in pursuant to
15 advertisements, if awarded, will be made by the Department to the lowest responsible
16 bidder without discrimination on the grounds of race, color or national origin. The lowest
17 responsible bidder will be notified by letter that his bid has been accepted and that he has
18 been awarded the contract. This letter shall constitute the notice of award. Where award
19 is to be made, the notice of award will be issued within 60 days after the opening of bids;
20 except with the consent of the lowest responsible bidder, the decision to award the
21 contract to such bidder may be delayed for as long a time as may be agreed upon by the
22 Department and such bidder. In the absence of such agreement, the lowest responsible
23 bidder may withdraw his bid at the expiration of the 60 days without penalty if no notice
24 of award has been issued.
25 Award of a contract involving any unbalanced bid price may be made in accordance with
26 Article 102-14.
27 (B) Award Limits
28 A bidder who desires to bid on more than one project on which bids are to be opened on
29 the same date and who desires to avoid receiving an award of more projects than he is
30 equipped to handle, may bid on any number of projects but may limit the total amount of
31 work awarded to him on selected projects by completing the form Award Limits on
32 Multiple Projects for each project subject to the award limit. In the event that a bidder is
33 the lowest responsible bidder on projects subject to the award limit and the value of such
34 projects is more than the award limit established by such bidder, the Department will not
35 award such bidder projects from among those subject to the award limit which have
36 a total value exceeding the award limit. The projects to be awarded to the bidder will be
37 those projects on which award will result in the lowest total cost to the Department.
38 In determining the lowest total cost to the Department, the options of rejecting a bid or
39 readvertising for new bids may be considered.
40 All bids submitted without the properly executed form Award Limits on Multiple
41 Projects will not be subject to the award limit. In the event that there is a discrepancy
42 between the completed award limit forms submitted by the same bidder for the different
43 projects in a letting, the Department reserves the right to declare all such award limit
44 forms invalid or to make such interpretation of the discrepancy as may be in the best
45 interests of the Department. However, the presence of such discrepancy shall not be
46 reason for declaring any bid irregular nor shall it invalidate the conditions of his bid bond
47 or bid deposit.
NCDOT 2012 Standard Specifications
Section 103
1-25
Where a prequalified Contractor bids individually (as opposed 1 to a Joint Venture) on one
2 or more projects and bids on one of more projects as part of a Joint Venture, such
3 individual bidder and such Joint Venture will be considered separate bidders in applying
4 the provisions of this article.
5 (1) Paper Bids
6 This form will be bound within each proposal. This form will not be effective unless
7 the amount is filled in and the form is properly signed.
8 (2) Electronic Bids
9 This form is located in the .ebs miscellaneous data file of Expedite. The bidder shall
10 click on yes or no to indicate whether or not the bidder desires to limit the award.
11 103-5 CANCELLATION OF AWARD
12 The Department reserves the right to rescind the award of any contract at any time before the
13 receipt of the properly executed contract bonds from the successful bidder.
14 103-6 RETURN OF BID BOND OR BID DEPOSIT
15 Checks that have been furnished as a bid deposit by all bidders, other than the 3 lowest
16 responsible bidders, will be retained not more than 10 calendar days after the date of opening
17 of bids. After the expiration of such period, the checks that were furnished as a bid deposit
18 will be returned to all bidders other than the 3 lowest responsible bidders.
19 Checks that have been furnished as a bid deposit by the 3 lowest responsible bidders will be
20 retained until after the contract bonds have been furnished by the successful bidder at which
21 time the checks that were furnished as a bid deposit will be returned to the 3 lowest
22 responsible bidders.
23 Paper bid bonds will be retained by the Department until the contract bonds are furnished by
24 the successful bidder after which all such bid bonds will be destroyed unless the individual
25 bid bond form contains a note requesting that it be returned to the bidder or the Surety.
26 103-7 CONTRACT BONDS
27 The successful bidder, within 14 calendar days after the notice of award is received by him,
28 shall provide the Department with a contract payment bond and a contract performance bond
29 each in an amount equal to 100% of the amount of the contract. All bonds shall be in
30 conformance with NCGS § 44A-33. The corporate surety furnishing the bonds shall be
31 authorized to do business in the State.
32 103-8 EXECUTION OF CONTRACT
33 As soon as possible following receipt of the properly executed contract bonds, the Department
34 will complete the execution of the contract, retain the original contract and return one certified
35 copy of the contract to the Contractor.
36 103-9 FAILURE TO FURNISH CONTRACT BONDS
37 The successful bidder's failure to file acceptable bonds within 14 calendar days after the
38 notice of award is received by him shall be just cause for the forfeiture of the bid bond or bid
39 deposit and rescinding the award of the contract. Award may then be made to the next lowest
40 responsible bidder or the work may be readvertised and constructed under contract or
41 otherwise, as the Department may decide.
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1 SECTION 104
2 SCOPE OF WORK
3 104-1 INTENT OF CONTRACT
4 The intent of the contract is to prescribe the work or improvements that the Contractor
5 undertakes to perform, in full compliance with the contract documents. In case the method of
6 construction or character of any part of the work is not covered by the plans, these
7 specifications shall apply. The Contractor shall perform all work in accordance with the lines,
8 grades, typical sections, dimensions and other data shown in the plans, or that may be
9 modified by written orders and shall do such special, additional, extra and incidental work as
10 may be considered necessary to complete the work to the full intent of the plans and
11 specifications. Unless otherwise provided in the contract, the Contractor shall furnish all
12 implements, machinery, equipment, tools, materials, supplies, transportation and labor
13 necessary for the prosecution and completion of the work.
14 104-2 SUPPLEMENTAL AGREEMENTS
15 Whenever it is necessary to make amendments to the contract to satisfactorily complete the
16 proposed construction or to provide authorized time extensions, the Engineer shall have the
17 authority to enter into a supplemental agreement covering such amendments.
18 Supplemental agreements shall become a part of the contract when executed by the Engineer
19 and an authorized representative of the Contractor. The Contractor shall file with the
20 Engineer a copy of the name or names of his representatives who are authorized to sign
21 supplemental agreements.
22 104-3 ALTERATIONS OF PLANS OR DETAILS OF CONSTRUCTION
23 The Engineer reserves the right to make, at any time during the progress of the work, such
24 alterations in the plans or in the details of construction as may be found necessary or
25 desirable. Under no circumstances will an alteration involve work beyond the termini of the
26 proposed construction except as may be necessary to satisfactorily complete the project. Such
27 alterations shall not invalidate the contract nor release the Surety, and the Contractor agrees to
28 perform the work as altered at his contract unit or lump sum prices the same as if it had been
29 a part of the original contract except as otherwise herein provided.
30 An adjustment in the affected contract unit or lump sum prices due to alterations in the plans
31 or details of construction that materially change the character of the work and the cost of
32 performing the work will be made by the Engineer only as provided in this article.
33 If the Engineer makes an alteration in the plans or details of construction, which he
34 determines will materially change the character of the work and the cost of performing the
35 work, an adjustment will be made and the contract modified in writing accordingly. The
36 Contractor will be paid for performing the affected work in accordance with
37 Subarticle 104-8(A).
38 When the Contractor is required to perform work that is, in his opinion, an alteration in the
39 plans or details of construction that materially changes the character of the work and the cost
40 of performing the work, he shall notify the Engineer in writing before performing such work.
41 The Engineer will investigate and, based upon his determination, one of the following will
42 occur:
43 (A) If the Engineer determines that the affected work is an alteration of the plans or details of
44 construction that materially changes the character of the work and the cost of performing
45 the work, the Contractor will be notified in writing by the Engineer and compensation
46 will be made in accordance with Subarticle 104-8(A).
NCDOT 2012 Standard Specifications
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(B) If the Engineer determines that the work is not such an alteration 1 in the plans or details of
2 construction that materially changes the character of the work and the cost of performing
3 the work, he will notify the Contractor in writing of his determination. If the Contractor,
4 upon receipt of the Engineer's written determination, still intends to file a claim for
5 additional compensation by reason of such alteration, he shall notify the Engineer in
6 writing of such intent before beginning any of the alleged altered work, and the
7 provisions of Subarticle 104-8(B) shall be strictly adhered to.
8 No contract adjustment will be allowed under this article for any effects caused on
9 unaltered work.
10 If the Contractor elects to file a written claim or requests an extension of contract time, it shall
11 be submitted on the Contractor Claim Submittal Form available through the Construction
12 Unit.
13 104-4 SUSPENSIONS OF WORK ORDERED BY THE ENGINEER
14 (A) Suspensions of the Work Ordered by the Engineer
15 When the Engineer suspends in writing the performance of all or any portion of the work
16 for a period of time not originally anticipated, customary or inherent to the construction
17 industry and the Contractor believes that additional compensation for idle equipment or
18 labor is justifiably due as a result of such suspension, the Contractor shall notify the
19 Engineer in writing of his intent to file a claim for additional compensation within
20 7 calendar days after the Engineer suspends the performance of the work and the
21 provisions of Subarticle 104-8(C) shall be strictly adhered to.
22 Within 14 calendar days of receipt by the Contractor of the notice to resume work, the
23 Contractor shall submit his claim to the Engineer in writing on the Contractor Claim
24 Submittal Form available through the Construction Unit. Such claim shall set forth the
25 reasons and support for such adjustment in compensation including cost records and any
26 other supporting justification in accordance with Subarticle 104-8(C).
27 (B) Alleged Suspension
28 If the Contractor contends he has been prevented from performing all or any portion of
29 the work for a period of time not originally anticipated, customary or inherent to the
30 construction industry because of conditions beyond the control of and not the fault of the
31 Contractor, its suppliers or subcontractors at any tier and not caused by weather, but the
32 Engineer has not suspended the work in writing, the Contractor shall submit to the
33 Engineer a written notice of intent to file a claim for additional compensation by reason
34 of such alleged suspension. No adjustment in compensation will be allowed for idle
35 equipment or labor before the time of the submission of the written notice of intent to file
36 a claim for additional compensation by reason of such alleged suspension. Upon receipt,
37 the Engineer will evaluate the Contractor's notice of intent to file a claim for additional
38 compensation. If the Engineer agrees with the Contractor's contention, the Engineer will
39 suspend in writing the performance of all or any portion of the work, and
40 Subarticle 104-8(C) shall be strictly adhered to.
41 If the Engineer does not agree with the Contractor's contention as described above and
42 determines that no portion of the work should be suspended, he will notify the Contractor
43 in writing of his determination. If the Contractor does not agree with the Engineer's
44 determination, Subarticle 104-8(C) shall be strictly adhered to. Within 14 calendar days
45 after the last day of the alleged suspension, the Contractor shall submit his claim to the
46 Engineer in writing on the Contractor Claim Submittal Form available through the
47 Construction Unit. Such claim shall set forth the reasons and support for such adjustment
48 in compensation, including cost records and any other supporting justification in
49 accordance with Subarticle 104-8(C).
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1 (C) Conditions
2 No adjustment in compensation will be allowed under Subarticles 104-4(A)and 104-4(B)
3 for any reason whatsoever for each occurrence of idle equipment or idle labor that has
4 a duration of 24 hours or less.
5 No adjustment in compensation will be allowed under Subarticles 104-4(A)and 104-4(B)
6 to the extent that performance would have been suspended by any other cause or for that
7 an adjustment is provided for or excluded under any other term or condition of the
8 contract.
9 No adjustment in compensation will be allowed under Subarticles 104-4(A)and 104-4(B)
10 for any effects caused on unchanged work. No adjustment in compensation will be
11 allowed under Subarticles 104-4(A) and 104-4(B) except for idle equipment or idle labor
12 resulting solely from the suspension of work in writing by the Engineer.
13 No adjustment in compensation will be allowed under Subarticles 104-4(A)and 104-4(B)
14 where temporary suspensions of the work have been ordered by the Engineer in
15 accordance with Article 108-7 and the temporary suspensions are a result of the fault or
16 negligence of the Contractor.
17 104-5 OVERRUNS AND UNDERRUNS OF CONTRACT QUANTITIES
18 (A) General
19 The Engineer reserves the right to make at any time during the work such changes in
20 quantities as are necessary to satisfactorily complete the project. Such changes in
21 quantities shall not invalidate the contract, nor release the Surety, and the Contractor
22 agrees to perform the work as changed. The Engineer will notify the Contractor in
23 writing of the significant changes in the quantities.
24 The Contractor will be entitled to an adjustment in contract unit prices for increased costs
25 incurred over the original bid prices in performing contract items that overrun or
26 underrun the estimated contract quantities only as provided for in this article.
27 (B) Overruns - Increase in Unit Price
28 If the actual quantity of any major contract item overruns the original bid quantity by
29 more than 15% of such original bid quantity, or the actual quantity of any minor contract
30 item overruns the original bid quantity by more than 100% of such original bid quantity,
31 an increase to the contract unit price, excluding loss of anticipated profits, may be
32 authorized by the Engineer. Revised contract unit prices pertaining to overruns will be
33 applicable only to that portion of the overrun that is in excess of the percentages stated
34 above.
35 (1) Whenever it is anticipated that an overrun in a major or minor contract item in excess
36 of that described above will occur, the Contractor may make written request for
37 a revision to contract unit prices. It shall be incumbent upon the Contractor to justify
38 the request for a revision to contract unit prices. After reviewing the Contractor's
39 request, the Engineer will notify the Contractor of his determination as follows:
40 (a) If the Engineer determines a revision to the contract unit price is justified and
41 the Engineer and the Contractor are in agreement as to the revision to be made
42 to the contract unit price, a supplemental agreement covering the revised
43 contract unit price will be consummated before performing work on that
44 quantity in excess of the percentage set forth above.
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If the Engineer determines 1 a revision to the contract unit price is justified and
2 the Engineer and the Contractor are not in agreement as to the revision to be
3 made to the contract unit price, the Engineer will issue a force account notice
4 before performing work on that quantity in excess of the percentage set forth
5 above.
6 (b) If the Engineer determines a revision to the contract unit price is not justified he
7 will notify the Contractor of his determination in writing and payments will be
8 made for the work at the contract unit price. Upon completion of the work, the
9 Contractor may request an adjustment to the contract unit price as provided
10 below.
11 (2) Whenever an overrun in a contract item in excess of the percentages previously set
12 forth has occurred and a supplemental agreement establishing an increase to the
13 contract unit price has not been executed or the Engineer has not issued a force
14 account notice, the Contractor may make written request for a revision in the original
15 contract unit price. Any adjustment to the contract unit prices due to overruns will
16 be made by the Engineer based upon his evaluation and comparison of the
17 Contractor's