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2011-328 Planning - DOT Construction, Inc. for bus shelters at DTCC
00, [Departmental Use Only] TITLE Bus Shelter- DTCC FY 2012 NORTH CAROLINA CONSTRUCTION AGREEMENT UNDER$250,000.00 ORANGE COUNTY S CONSTRUCTION AGREEMENT (hereinafter called "Agreement"), made as of the Z day of Ll< and 20 t I by and between DOT Construction, Inc., (hereinafter called the "Contractor"), an g ounty, a body corporate and politic and a political subdivision of the State of North Carolina, (hereinafter called the"Owner"). WITNESSETH: That the Contractor and the Owner,for the consideration herein named, agree as follows: 1. SCOPE OF WORK The Contractor shall furnish and deliver all of the materials, and perform all of the work required by this Agreement within the time period stipulated in a written Notice-to-Proceed to be executed by the Contractor and Owner and in accordance with the following enumerated documents, which are attached hereto and made a part hereof as if fully contained herein: a. Construction Drawings prepared by n/a(Sheet n/a dated n/a) b. Written specifications prepared by the project engineer. c. 367-1616 proposal dated April 20, 2011 which fully describes the work to be performed, such work hereinafter called the"Work". d. Other documents as follows: n/a. 2. TERM AND SCHEDULING a. The Contractor agrees to commence work on the date of the executed original of this Agreement and agrees to complete fully all Work included by January 3,2012. b. Time is of the essence with respect to all dates specified in the Contract Documents as Completion Dates. c. The Contractor shall perform the Work in the time, manner and form required by the Contract Documents and as stipulated in a written Notice-to-Proceed to be executed by the Contractor and Owner. d. It is expressly understood that the Owner will employ other contractors to perform work as a part of the Project whose work will be performed simultaneously and sequentially with the performance of the Work by the Contractor. It shall be necessary for the Contractor to coordinate its activities with such other contractors, particularly with respect to access to work areas, storage of materials and other common facilities. e. Should the Owner determine that the Contractor is behind schedule, it may require the Contractor to expedite and accelerate its efforts, including providing additional resources and working overtime, as necessary, to perform the Work in accordance with the approved project schedule at no additional cost to the Owner. Revised December 2010 1 3. STANDARD OF CARE a. The Contractor shall exercise reasonable care and diligence in performing the Work in accordance with the highest generally accepted standards of this type of Contractor practice throughout the United States and in accordance with applicable federal, state and local laws and regulations applicable to the performance of these services. Contractor is solely responsible for the professional quality,accuracy and timely completion and/or submission of all work. b. The Contractor shall not load or permit any part of the Work to be loaded with a weight that will endanger its safety, intended performance or configuration. c. Contractor shall be responsible for all errors or omissions, in the performance of the Agreement. Contractor shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the Owner. d. Contractor is an independent contractor of Owner. Any and all employees of the Contractor engaged by the Contractor in the performance of any work or services required of the Contractor under this Agreement, shall be considered employees or agents of the Contractor only and not of the Owner, and any and all claims that may or might arise under any workers compensation or other law or contract on behalf of said employees while so engaged shall be the sole obligation and responsibility of the Contractor. e. Contractor agrees that Contractor, its employees, agents and its subcontractors, if any, shall be required to comply with all federal, state and local antidiscrimination laws,regulations and policies that relate to the performance of Contractor's services under this Agreement. f. If activities related to the performance of this Agreement require specific licenses,certifications,or related credentials Contractor represents that it and/or its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications, or credentials are current,active,and not in a state of suspension or revocation. 4. PAYMENT&TAXES a. The Owner hereby agrees to pay to the Contractor for the faithful performance of this Agreement, and the Contractor hereby agrees to perform all of the Work for a sum not-to-exceed sixteen thousan eight hundred and forty two dollars and fifty six cents Dollars ($16,842.56). Not later than the fifth(5th) day of each calendar month the Contractor shall submit to the Owner a Request for Payment for work done during the previous calendar month. ,The Request for PLalltbe in the form of a standardized invoice or AIA Document G702 and shall show sy value of the work done during the previous calendar month. The amount due for pall o ted-�iriseh�-1s�Reques €e .Sine ,:t3, paid by the Owner on or before the last business day of the month. Final payment shall not be due to the Contractor until thirty (30) days after all work has been satisfactorily completed. b. Should Owner reasonably determine that Contractor has failed to perform the Work related to a Request for Payment, Owner, at its discretion may provide the Contractor seven (7) days to cure the breach. Owner may withhold the accompanying payment without penalty until such time as Contractor cures the breach. Should Contractor or its representatives fail to cure the breach within seven (7) days, or fail to reasonably agree to such modified schedule, Owner may immediately terminate this Agreement in writing, without penalty or incurring further obligation to Contractor. This section shall not be interpreted to limit the definition of breach to the failure to perform the Work related to a Request for Payment. c. The Contractor has included in the Contract Price and shall pay all taxes assessed by any authority on the Work or the labor and materials used therein. It shall be the Contractor's responsibility to Revised December 2010 2 furnish the Owner documentary evidence showing the materials used and sales and use tax paid by the Contractor and each of its subcontractors. 5. INSURANCE a. Minimum requirements — The Contractor shall obtain, at its sole expense, all insurance required under this Agreement and the Contractor shall not commence work until such insurance is in force nor shall the Contractor allow any Subcontractor to commence work on its subcontract until all insurance required to be procured by Subcontractors hereunder has been so obtained by or for the Subcontractor. All required insurance shall be procured from insurance companies licensed to do business in North Carolina with a Best's Insurance Guide Rating of A- or better. Coverage for the following types of insurance shall be maintained continuously during the life of the Project until Final Completion of the Work. Coverages shall be maintained continuously during the life of the Project until Final Completion of the Work for the following types of insurance in the amounts listed: i. Worker's Compensation Insurance with limits for Coverage A Statutory - State of North Carolina and Coverage B Employers Liability$500,000 each accident and policy limit and disease each employee. ii. Comprehensive General Liability and Property Damage Insurance ($500,000 Each Occurrence; $1,000,000 Aggregate). iii. Contractual Liability (Bodily Injury and Property Damage $500,000 Each Occurrence; Property Damage$1,000,000 Aggregate). iv. Personal Injury, with Employment Exclusion deleted($1,000,000 Aggregate). v. Comprehensive Automobile Liability Insurance (Bodily Injury $100,000 Each Person/Each Accident, $300,000 Each Occurrence; Property Damage $100,000 Each Occurrence). b. Additional Insured — The Owner shall be named as additional insured on all forms of insurance except Worker's Compensation. Each certificate of insurance and policy required hereunder, except the worker's compensation policy, shall bear the provision that "The policy cannot be canceled or reduced in amount and that coverage cannot be eliminated in less than thirty (30) days after mailing written notice to the Owner of such alteration,cancellation, or elimination,the written notice to be sent by Certified Mail. 6. INDEMNITY a. The Contractor shall indemnify and hold harmless to the extent permitted by law the Owner and its agents and employees from and against any and all claims, damages, losses and expenses, including attorney's fees, arising out of or resulting from the performance or nonperformance of the Work, provided that any such claim, damages, loss or expense (A) is attributable to bodily injury, sickness, disease or death or injury to, .or destruction of, property, including the loss of use resulting therefrom; and (B) is caused in whole or in part by any breach of any provision of the Agreement or by any negligent or wrongful act or omission of the Contractor, any Subcontractor, or supplier of the Contractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The indemnification obligation under this paragraph shall not be limited in any way by any limitation of the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' compensation acts, disability benefits acts or other employee benefit acts. b. The Contractor shall indemnify and hold harmless Owner from any lien of whatever type through the purchase of appropriate bonds and insurance as designated in Section 5 above. Revised December 2010 3 c. Upon completion of the Work the Contractor shall execute an affidavit stating there are no unpaid debts for any work that has been done or materials that have been furnished to the Project prior to and as of the date of substantial completion and further stating that Contractor shall indemnify, save and protect Owner and Owner's lender, if any, harmless from and against any and all claims, liabilities, losses, damages, causes of action, and expenses (including court costs and reasonable attorney's fees related thereto) arising out of, in connection with, or resulting from any such debts and liens in a form and substance mutually acceptable to Owner and Contractor. d. By executing this Agreement Contractor agrees to abide by and be bound by the indemnification provisions of Section 6(c)above. 7. GOVERNING LAW The laws of the State of North Carolina shall apply to the interpretation and enforcement of this Agreement. Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or nonperformance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina and it is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. 8. NON—ASSIGNMENT The Contractor shall not assign any portion of this Agreement nor subcontract the Work in its entirety without the prior written consent of the Owner. 9. NON—APPROPRIATION Contractor acknowledges that Owner is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of Owner's obligations under this Agreement, then this Agreement shall automatically expire without penalty to Owner immediately upon written notice to Contractor of the unavailability and non-appropriation of public funds. It is expressly agreed that Owner shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this Agreement,but only as an emergency fiscal measure during a substantial fiscal crisis. In the event of a change in the Owner's statutory authority, mandate and/or mandated functions, by state and/or federal legislative or regulatory action, which adversely affects Owner's authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to Owner upon written notice to Contractor of such limitation or change in Owner's legal authority. 10. NOTICES Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, return receipt requested to the following: Owner: Contractor: Orange County DOT Construction, Inc. Attn: David Cannell Attn:Dennis Boone P.O. Box 8181 430 West Beaufort Rd Hillsborough,NC 27278 Beaufort,NC 28516 11. TERMINATION The Owner may, without cause, order the Contractor to terminate, suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. In the event of termination by the Owner under this Agreement, the Contractor shall be entitled to receive its reasonable and documented direct costs prior to termination, including the cost of materials purchased for the Work which purchases cannot be canceled or which material cannot reasonably be used by the Contractor on other work, and the cost of closing down the work in a Revised December 2010 4 safe and efficient manner. 12. ENTIRE AGREEMENT All of the documents listed, referenced or described in this Agreement, the written Notice-to-Proceed, together with Modifications made or issued in accordance herewith are the Contract Documents, and the work, labor, materials and completed construction required by the Contract Documents and all parts thereof is the Work. The Contract Documents constitute the entire agreement between Owner and Contractor. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. If any provision of the Agreement shall be declared invalid or unenforceable, the remainder of the Agreement shall continue in full force and effect. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and date first above written in a number of counterparts, each of which shall, without proof or accounting for other counterparts, be deemed an original contract. ORANGE COUNTY CONTRACTOR Ha Kim avJb Fm,9..4 M�.MYYypnimM1 W5 DaY:2011AA10 U931-01'W' Signature Signature Frank W. Clifton, Manager Ha Kim, President Printed Name and Title This ins ment has been approved as to technical content. Craig Betwdict, Department Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. C� - 40. .1 Office of the Finance Director This inst ment has been approved as to legal form and sufficiency. — _A�nn4 A Office of the 6o oty Attorney Revised December 2010 5 �•� OP ID:MM CERTIFICATE OF LIABILITY INSURANCE DATE 09/3030/1YYY) 1 /1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER 704-375-8000 CTACT. Knauff Insurance Agency,Inc. PHONONE FAX P O Box 33789 704-334-6526 c ,Ext• A/C No): Charlotte,NC 28233-3789 E-MAIL Steven Santee ADDRESS: PRODUCER DOTCONS C TO ER ID#: INSURERS AFFORDING COVERAGE NAIC# INSURED DOT Construction,Inc INSURER A:Penn National Mutual Casualty 14990 Ha Chung Kim INSURER B:Great American Insurance Co. 16691 4801 E.Independence Blvd.#506 Charlotte,NC 28212 INSURERC: INSURER D: INSURER E; INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I DUL SUNK POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE POLICY NUMBER M/DD/YYYY MM/DD/YYYY GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 • X COMMERCIAL GENERAL LIABILITY X CL90626971 11130170 11/30/11 PAMAGE TO RENTED Ea occurrence $ 100,00 CLAIMS-MADE a OCCUR MED EXP(Any one person) $ 5,00 PERSONAL&ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 ', GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,00 JECT F-]POLICY X PRO LOC $ AUTOMOBILE LIABILITY X COMBINED SINGLE LIMIT $ 1,000,00 • X ANY AUTO AU90626971 11130110 11/30/11 (Ea accident) BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE HIREDAUTOS (Per accident) $ NON-OWNED AUTOS $ X UMBRELLA LIAB X OCCUR X UL90626971 11/30/10 11/30/11 UR EACH OCCURRENCE $ 3,000,00 EXCESS LIAB CLAIMS-MA A DE AGGREGATE $ 3.000,00 X1DEDUCTIBLE $ RETENTION $ 10,000 $ WORKERS COMPENSATION X WCSLAIT BTH AND EMPLOYERS'LIABILITY A ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N C90626971 11130110 11/30/11 E.L.EACH ACCIDENT $ 500,00 OFFICER/MEMBEREXCLUDED? ❑Y NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 500,00 If yes,describe under 500,00 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Inland Marine CL90626971 11/30/10 11/30/11 Lease/ren 100,00 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space is required) Certificate holder is an additional insured on all liability policies except employers liability(WC)with respects to work performed by the named insured for such additional insured if required by written contract signed by an authorized representative of the named Insured. CERTIFICATE HOLDER CANCELLATION ORACOUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Orange County Attn:David Cannel/ PO Box 8181 AUTHORIZED REPRESENTATIVE Hillsborough,NC 27278 ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD OP ID: MM '`~~~ CERTIFICATE OF LIABILITY INSURANCE DATE,MM/DD/YYYY) 09/30/11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~ ~ 704-375-8000 CONTACT, Knauff Insurance Agency, Inc. NAME: P O Box 33789 704-334-6526 Charlotte NC 28233-3789 ac° No Ext : ac No E MAIL , St@V@n Santee - ADDRESS: PRODUCER . DOTCONS C STOMERID . INSURERS) AFFORDING COVERAGE NAIC # INSURED DOT Construction, Inc INSURERa:Penn National Mutual Casualty 14990 Ha Chung Kim 4801 E Inde endence Bl d #506 INSURER B :Great American Insurance Co. 16691 . p v . Charlotte, NC 28212 INSURER c INSURER D : INSURER E INSURER F ~.vvarv~~acJ GtK~IFIGATE NUMBER' Dc~mm~~r uruaorn. ~ ,wnraacr~. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PE RIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY X CL90626971 11/30/10 11/3O/11 PREMISES Ea occurrence $ 100,00 CLAIMS-MADE ~ OCCUR MED EXP (Any one person) $ 5,00 PERSONALB ADVINJURY 1 000 00 , , , $ 2 000 00 GENERAL AGGREGATE , , $ GEN'LAGGREGATELIMITAPPLIESPER: PRO PRODUCTS-COMP/OPAGG $ 2,000,00 POLICY X - LOC ~ $ AUT OMOBILE LIABILITY X COMBINED SINGLE LIMIT A X ANY AUTO U90626971 11/30/10 11/30/11 (Ea acddent) $ 1,000,00 ALL OWNED AUTOS BODILY INJURY (Per person) $ SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS PROPERTY DAMAGE (Per acddent) $ NON-0WNED AUTOS $ $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 3,000,00 A EXCESS LIAB CLAIMS-MADE AGGREGATE 3 000 00 X UL90626971 11/30/10 11/30/11 $ , , DEDUCTIBLE $ X RETENTION $ 1 O 000 WORKERS COMPENSATION ' WCY TA U- T - X ~ $ AND EMPLOYERS LIABILITY Y/N M R A ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERMIEMBER EXCLUDED9 ^Y N / A 090626971 11/30/10 11/30/11 E. L. EACH ACCIDENT $. 500,00 (Mandatory in NH) if es, describe under E.L. DISEASE - EA EMPLOYE $ SOO,OO A DESCRIPTION OF OPERATIONS below Inland Marine E.L. DISEASE -POLICY LIMIT $ 500,00 CL90626971 ~ 11/30/10 11/30/11 Lease/ren 100,00 DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Certificate holder is an additional insured on all liability policies except employers liability 1WC) with respects to work ppertormed by the named insured for such dditi l i a ona nsured if required by written contract signed by an authorized representative of the named insured. rcorrrrrwrr ur.r ..~., Orange County Attn: David Cannel/ Po Box 8181 Hillsborough, NC 27278 ORACOUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATNE _ _ ~.-- ~ - v,aaa-wuyACt~KU L:VFtPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD APPLICATION FOR ZONING COMPLIANCE PERMIT 'rOWri Planning Department Of 101 East Orange Street P.O. Box 429 H111s Hillsborough, NC 27278 ~'"~ "' Phone: (919) 732-1270, Ext.73, 74, 85, or 86 ~~•--mr--+~ Fax: (919) 644-2390 'Website: www.ci.hillsborou~h.nc.us A Zoning Compliance Permit (ZCP) is required for site or use changes regulated under the Zoning Ordinance on property. in the town limits and in the extraterritorial jurisdiction (ETJ). Every applicant must fill-out the General Information and Authority to File Application sections, both of which have black headings. Sections with gray headings are project specific; most projects will require that you only fill out one of these five sections. Please read the project descriptions below to determine which section(s) of this application applies to your project. You must have both signatures in the Authority to File Application section on the last page for the application to be considered complete. Project Description • Are you relocating or expanding an existing structure or constructing a new building, accessory building, addition, deck, or fence? • Is your business moving into an existing non-residential retail/office space? • Are you installing a new sign, or changing the location, sign face, or message of an existing sign? • Are you requesting temporary signs like a sandwich board sign or event signage • Are you planning to operate a business out of your personal residence? If yes, Fill out Section 1: Site Change Fill out Section 2: Change of Use Fill out Section 3: Permanent Signs Fill out Section 4A: Sandwich Board Signs Fill out Section 4B: Temporary Signs Fill out Section 5: Home Occupation Project Address: 525 College Park Rd., Hillsborough, NC 27278 PIN #: 9873330977 Zoning: ESU ^ Historic District Overlay Applicant Name: Craig Benedict, Orange County Planning Director Mailing Address: PO Box 8181, Hillsborough, NC 27278 Phone 1: 919-245-2592 Phone 2: 919-245-2585 E-mail: cbenedict@co.orange.nc.us Status of Applicant: ^ Property Owner ^ Contractor ^ Legal Representative X Other: OC Staff Contractor's Hillsborough Business License #: (only required for projects within town limits) Property Owner(s) Name: Frank W. Clifton, Jr., Orange County Manager Mailing Address: PO Box 8181, Hillsborough, NC 27278 Phone 1: 919-732-8181 Phone 2: E-mail: fclifton@co.orange.nc.us 1 of 5 ZCP Application 8/18/2011 Select Project Type: ^ New Construction Lot Size (Acres or Square Feet): 21.09 Proposed Setbacks (ft.) ^ Addition Number of Structures Existing/to Remain: 1 Front: 315 X Accessory Building Number of New Structures Proposed: 1 Rear: 530 ^ Deck Gross Floor Area Right Side: 145 -^ Fence Square Footage of Existing Structure(s): Left Side: 510 ^ Manufactured Home Square Footage of Proposed Structure(s): 112 Utilities Water Service: X Public Water ^ Well I Sewer Service: X Public Sewer ^ Septic Tank Parkins Spaces (for Commercial Projects) # of Existing Spaces: # of Proposed Spaces: Total # of Parking Spaces: If the project is in the Historic District, has a Certificate of Appropriateness been issued? ^ Yes ^ No. Estimated Total Construction Cost: $ 16,842.56 Please explain your request in detail (2-3 sentences): Installation of a Transit Shelter at Durham Technical Community College. Along with this application, provide a to-scale site plan that shows existing structures and proposed changes. View the sample site plan on the Town website, www.hillsboroughnc.org, for clarification. _._: _ ~' ~' Name of Business: Business Type: Previous Business Type at that Address: Businesses are required to have a Hillsborough Business License. Contact 732-2104 Ext. 240 for further l~~ ~ ~ ~n~ ri- ~,ASai ~ ~, Sign Type: ^Wa1l-mounted (includes hanging and awning) ^Fiee-standing Sign Dimensions: ft. high x ft. wide Ifwall-mounted: Dimensions of wall surface area: ft. x ft. Iffree-standing: Distance of property street frontage: ft. For any signs in the Historic District a Certificate of Appropriateness is required before a Zoning Compliance Permit maybe issued. 2 of 5 ZCP Application 8/18/2011 PLEASE REMEMBER TO SIGN THE LAST PAGE ~ .~.,. Sign Dimensions : ft. high x ft. wide Display location: ^ This location is in the Historic District and I have received a Certificate of Appropriateness The sign~is constructed of: ^ Wood ^ Metal ^ Iunderstand that the sign may only be displayed when my business is open and I agree to comply with this requirement. ^Iunderstand than the sidewalk must have a 4 foot wide clear pedestrian path and will locate this sign to maintain that clear passage. ^Iunderstand that the sign is to be located next to the curb of the sidewalk, not the building and will locate this sign appropriately. _~:•iia3 ''ik~ §rt iii' :. .. '.. Event Sponsor: Event Date(s): Event Location: Event Description: Sign Dimensions : ft. high x ft. wide Total square footage requested: Sign Message: Sign Locations: 1) 2) 3) 4) 5) (Event site only!) Sign install date (no more than 14 days in advance of the event): Sign remove date (no more than 48 hours after the end of the event): Banner Details Banner Dimensions: ft. high x ft. wide Banner Message: Display period (put update & take down dates): ^ I have entered this banner request on the website calendar PLEASE REMEMBER TO SIGN THE LAST PAGE 3 of 5 ZCP Application 8/18/2011 Name of Business: Business Type: Please explain your proposed business in detail (2-3 sentences): Site Usaee Will the home occupation be conducted entirely within the residence? ^ Yes ^ No Please indicate whether you are using ^ Heated or ^ Habitable floor area for the following calculations: .Total (heated/habitable) floor area of the residence: sq. ft. Total amount of (heated/habitable) floor area used for the home occupation: sq. ft. Will a detached accessory structure be used in conjunction with the home occupation? ^ Yes ^ No If yes, Total square footage of detached accessory structure: sq. ft. Total amount of floor area used for the home occupation: sq. ft. Will any hazardous materials be stored or used on site? ^ Yes ^ No If "yes," provide a list. Will there be any outside storage or display of goods or materials? ^ Yes ^ No If "yes;' what type of goods or materials? Parkins & Traffic # of Existing Parking Spaces: # of Proposed Spaces: Total # of Parking Spaces: Total # of employees, including the business owner: How many clients are expected to visit the business per day? At any one-time? Will you be making deliveries as part of your business? ^ Yes, per day ^ No Will you be receiving deliveries as part of your business? ^ Yes, per day ^ No Along with this application: • Provide a scaled floor plan of the residence and any accessory structures, and indicate the area to be used for the home occupation. • If you plan to receive clients on-site, please provide a scaled site plan of the property that shows existing structures, their setbacks from the property lines and street rights-of-way, and the driveway and parking area. 4 of 5 ZCP Application 8/18/2011 I hereby agree to conform to all applicable laws and regulations of the Town of Hillsborough, County of Orange and State of North Carolina (as may be applicable to my request), and certify that the above information and accompanying documents are complete, true and accurate to the best of my knowledge. In addition, I acknowledge that by filing this application, representatives from the Town of Hillsborough Planning Departmerit may enter the subject property for the purpose of investigation and analysis of this request. APPLICATIONS WILL NOT B CCEP.~ WITHO SIGNATU OF PR ERTY OWNER. Applicant Signature: ~~ ~~ ~ Crain Ben ict. Ormve u~t~i in Director Date Property Owner Signature: Frank W. CTf1Yon, Jr., Orange Cou r i'o -27 . << DEPARTMENT USE ONLY Date Received: Staff: ETJ? ^ Yes ^ No Legal Non-Conforming Lot? ^ Yes ^ No Floodplain on Site? ^ Yes ^ No Plus (+) Overlay District? ^ Yes ^ No Flood Zone Historic District Overlay? ^ Yes ^ No Flood Map # Section 4B only - Is the event in the town's jurisdiction? ^ Yes ^ No Zoning Officer's Action on Application: ^ Approved ^ Approved with Conditions ^ Denied Conditions: Comments or Reason for Denial: Permit # Zoning Officer: Date Permit Picked Up: Fee $: (Printed Name) (Signature) Date: Receipt #: . 5 of 5 ZCP Application 8/18/2011 COUNTY OF ORANGE FINANCIAL SERVICES -PURCHASING PO BOX 8181 HILLSBOROUGH, NORTH CAROLINA 27278 ORANGE COUNTY BID N0.367-1616 April 20, 2011 BID FORM ATTENTION: INTERESTED VENDORS Orange County requests your competitive quotation to furnish the item (s) listed below. To be furnished and installed adjacent to the park and ride lot near the transit stop at Durham Tech's Hillsborough Campus Please transmitthis quotation via facsimile or deliver by hand or U.S. Mail, to the Orange County Purchasing Agent- fax # (a~0\ Rdd_~39d P['1 RnY R1 Ri 9M S r:amarnn StrPPt_ Hillsborough. NC 27278 by M8V 17.2011 at 3:00 PM ITEM # COMMODITIES/GOODS OR SERVICES TOTAL COST 1 TRANSIT SHELTER WITH FLAT ALUMINUM ROOF ,PER ATTACHED $ 7327• F?9 SPECIFICATIONS, FOB HILLSBOROUGH INCLUDING ALL SHIPPING AND HANDLING CHARGES 2 PRICE FOR INSTALLATION OF ITEM 1, ABOVE HILLSBOROUGH, NC 32 62 94 $ . TOTAL BIDS FOR ITEMS 1 & 2 $ !O ADD ALT STANDING SEAM METAL HIP ROOF, INCLUDE INSTALLATION 3SZ3 97 #1 DIFFERENTIAL VERSUS FLAT ALUMINUM ROOF . $ ADD ALT STANDING SEAM GABLE ROOF INCLUDE INSTALLATION 3~Z' 97 #2 DIFFERENTIAL VERSUS FLAT ALUMINUM ROOF J• $ ADD ALT FURNISHING AND INSTALLING OF OPTIONAL SOLAR LIGHTING, LAR LIGHTS BID D $ Z7Z7.96 #3 E SPEC OF SO INCLU LICENSE ~'COg2 ADDRESS ~ ~ ~S" "~"~~~ ~~ ~~~~~ /1~[~ 2~~9 FIR E d/ s% ~L~e %/?I~ //1,(~.. BY (Proposal must be signed in writing) TELEPHONE: 2~2~ ~B ~ ~~25 FAX: 2 ~Z ~ ~38 -'~~ yr'L~O Page 1 ORANGE COUNTY B(D 1616 -BUS SHELTER COUNTY OF ORANGE FINANCIAL SERVICES -PURCHASING PO BOX 8181 ^ 200 South .Cameron Street HILLSBOROUGH, NORTH CAROLINA 27278 INSTRUCTIONS TO BIDDERS 1.All bids and proposals shall be for furnishing apparatus, supplies, materials, equipment and/or work and services in accordance with the applicable plans and specifications prescribed by Orange County. Plans and/or specifications may be obtained at the Orange County Financial Services -Purchasing Division, 200 S Cameron Street, Hillsborough, North Carolina 27278 . 2. The Contract will be awarded to the lowest responsible, responsive bidder. Orange County reserves the right to reject any or all bids, and to waive minor irregularities. 3.The successful bidder shall comply fully with the requirements of General Statutes, Section 143-131, as amended. By placing the bid, the Bidder agrees to allow Orange County to negotiate reasonable reductions in price with the low bidder if the low bid exceeds the project budget. 4.In the event of default by any contractor or vendor Orange County may procure from other sources the service or items being bid and hold the contractor responsible for any excess cost occasioned thereby. 5. Proposals received after opening date and time shall not be considered. 6. Bids must be signed and submitted on the attached form. 7. Please direct any questions concerning the bid process to David Cannell, Purchasing Agent, 919-245-2651. dcannellCa co.orance.nc.us (preferred) . 8. All contractors are hereby notrfied that they must have proper license under the State laws governing their respective trades. Please display license number on your submittal 9.The bidder represents by submitting a bid that they have read the plans and specirfications and have a complete understanding of the project and job site as presented. 10. INSURANCE PROVISIONS 0 11.1 Worker's Compensation -Coverage to apply for all employees for statutory limits in compliance with the applicable state and federal laws. The policy must include employer's liability with a limit of $100,000 for each accident, $100,000 bodily injury by disease each employee and $500,000 bodily injury by disease policy limit. 0 11.2 Comprehensive General Liability -Shall have minimum limits of $1,000,000 per occurrence combined single limit for bodily injury liability and property damage liabilfty. This shall include premises and/or operations, independent contractors, products and/or underground damage coverage, sudden and accidental pollution losses, and a contractual liability endorsement. 0 11.3 Business Auto Policy -Shall have minimum limits of $1,000,000 per occurrence combined single limit for bodily. injury liability and property damage liability. This shall include: owned vehicles, hired and non- owned vehicles and employee non-ownership. 0 11.4 Special Requirements -The County of Orange is to be named as an additional insured on the Comprehensive General Liability policy The successful bidder will be expected to submit proof of Additional Insured status satisfactory to the County. , o Current, valid insurance policies meeting the above requirements shall be maintained for the duration of the project. Renewal certificates shall be sent to the County of Orange thirty (30) days prior to any expiration Page 2 ORANGE COUNTY BlD 1616 -BUS SHELTER date. There shall also be a 30 day notification to the County in the event of cancellatwn or modification of any stipulated insurance coverage. Certificates of Insurance on an Accord 25 (8/84) or similar form meeting the required insurance provisions shall be forwarded to the County of Orange. Wording on the Certif'~cate of Insurance which states that no liability shall be imposed upon the company for failure to provide such notice is not acceptable. Original policies or certified copies of policies may be required by the County at any time. 0 15.5 Subcontractors - It shall be the responsbility of the Contractor to insure that all subcontractors comply with the same insurance requirements of the Contractor. 11. Contractor shall be responsble for obtaining any applicable permits 12. Contractor and County will execute the County's Standard Contract for Informal Construction 13. Bidder's to be pre-qualified with NCDOT for their spec'rfic discipline. Contractors wishing to become prequalified may obtain information through the NCDOT website at http://www.ncdot.gov/business 14. A site visit is scheduled for May 2, 2011 @ 3:00 pm. We will meet at the site adjacent to the park and ride lot near the transit stop at Durham Tech's Hillsborough Campus located at 525 College Park Rd, Hillsborough, NC 27278 This is the only scheduled time for contractors to view the site. By submitting a bid the contractor acknowledges full comprehension of the scope of this project. 15. Exhibit A which is comprised of the following documents shall be a part of this bid o SPi G59 o SP1 G62 o SPi G80 o SP1 G85 o SP1 G97 o SP1 G100 o SP1 G150 o SPi G152 o MISC 2 o MISC 4 (all sections). o Z-2 o Z-4A o Z-6 o Z-7 o Z-8 o Z-10 ' o Z-12 ~• ,1. t .. ~ i ,'R - y ,h ~~ .~ ~~ ( Page 3 ORANGE COUNTY BID 1616 -BUS SHELTER SPECIFICATIONS PROJECT SPECIFICATIONS Project: Transit Shelter Building/Facility: DTCC @ Waterstone Location: Hillsborou h, NC PURPOSE: The purpose of this RFP is to obtain a proposal for delivery and cost for a transit shelter with bench to be installed on property owned by Orange County. BACKGROUND: Orange County will receive reimbursement for the transit shelter and installation from North Carolina Department of Transportation Congestion Mitigation and Air Quality Program; therefore, procurement must comply with requirements for federal aid projects. The project shall consist of all work specified in the following table. The specifications below are intended to describe Orange County's needs. Slight deviations may be accepted with advance approval by Orange County Purchasing. Please use the space provided in the 'VARIANCE" column to identify any proposed variances to the specifications. This projectwill be managed bythe Orange County Purchasing and Public Works Departments. All work shall comply with all applicable national, state and local building codes. Contractor shall be responsible for securing required permits. - Successful Contractor Shall be responsible for the Following GENERAL This section includes general provisions of the contract for one transit shelter with Engineering Stamp. # DESCRIPTION YES NO VARIANCE 1 Performance Requirements: Provide a transit shelter that allow for the thermal movement resulting from a maxmum change (range) of 120 deg F (67 deg C) in ambient and 180 deg F (100 deg C) in material surface temperatures by preventing buckling, opening of joints, overstressing of / components, failure of connections, and any other detrimental effects. Base engineering calculation on surface temperatures of materials due to both solar heat ain and ni httime-s heat loss. 2 Delivery: Protect finishes on exposed surfaces from damage by applying a tem ora rotective coverin or wra in before shi in . 3 PRODUCT This section includes specifications for an unassembled modular transit shelter with 10' aluminum bench. 4 Overall Dimensions: a. He' ht: 8 feet maximum variance: 8 inches b. Width: 6 feet maximum variance: 6 inches C. Len the 12 feet maximum variance: 12 inches ~ d. Headroom: 7 feet maximum variance: 6 inches e. Entr a Width: 32 inches minimum f. 10-foot aluminum bench 5 Variation in these dimensions, to accommodate standardization, may be ermissible. 6 Materials 7 Frame: The framing members shall be of acceptable grade aluminum fe~, ~r j p ,~, r ~~~ with an anodized finish to prevent deterioration. Fasteners shall be of the / ' ..- `' d~ ~ ~ lockin a and shall be concealed. I 8 Framing members shall be free from surface blemishes and comply with the standards of the Aluminum Association and shelter construction shall conform to the standards of the ASCE. The shelters shall be desi ned Page 4 ORANGE COUNTY BID 1616 -BUS SHELTER to withstand minimum deadloads of 40 PFS and minimum windload of 75 / m h. 9 Windows: Sides of the transit shelter shall incorporate ~/a-inch tempered safety glass in a window pane design with appro~amate pane width of 32" and height of 44 inches. Sides shall allow top ventilation. Variation in this / dimension, to accommodate standardizatron, may be permissble but / shall not be so lar a as to com romise the window stren th. 10 Roof: The roof shall be a Flat aluminum roof, please provide add/alternate cost for each of the followin roofs les: f 11 Standin seam metal hi roof; list cost as add alt #1 on bid form 12 Standin seam able roof list cost as add alt #2 on bid form 13 The roof assembly shall permit installation and removal without the tI r removal of the fascia. All edges and joints shall be sealed. The roof shall be leak and condensation proof Draina e shall be rovided via a utt y~j~,eD~'f Fil~'~tV @O~~t7 ~~ ~~~~ ~ . g p g er J " ~ ~ ~ ~~ ~~ configuration that directs drainage to the rear of the shelter and avoids ~7r ~~/ ' ' ~ runnin down the walls. 1 ~F ,~a/~ ~ ~ 14 Finishes: All aluminum and metal parts to be finished in a semi-gloss white owder coat finish. i 5 Furnishing and installing of optional solar lighting (list cost as add alt #3 on bid form 16 Certification that the organization and its principals are not suspended or / debarred er the U.S. Office of Mana ement and Bud et. J 17 Bidder's to be pre-qualified with NCDOT for their specific discipline. Contractors wishing to become prequalified may obtain information throu h the NCDOT website at h ://www.ncdot. ov/business is INSTALLATION.REQUIREMENTS 19 Grade area for construction of a 8' X 14' a ro~amate concrete ad; 20 Pour concrete pad level within a ~/z" over the length and width of the pad's dimensions; J 21 Assemble the prefabricated shelter with bench according to the ' ` manufacturer s installation details including shop drawings and anchor the J shelter in the concrete ad; 22 Assemble the roof assembl and install on shelter; 23 Return the surrounding site to original condition upon completion of the transit shelter. 24 Comply with manufacturer's written instructions, unless more stringent re uirements are indicated. 25 After installing transit shelter, inspect components and remove spots, dirt and debris. / 26 All bids shall be firm for 45 da from the bid o enin date. 27 In signing the bid, the bidder agrees to comply with the provisions of the attached E ual Em to ment O ortun' EEO rovisions. 28 Orange County encourages participation from minority (MBE) and women WBE and disadvanta ed DBE business enter rises. 29 All organizations doing business with Orange County are required to com I with all local, state, and federal licensin re uirements. 30 Contractor shall maintain insurance, provided by a company authorized to do business in North Carolina and evidenced by a certificate provided at time of contracted service, coverin Page S ORANGE COUNTY BID 1616 -BUS SHELTER EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROVISIONS During the performance of this contract, the contractor agrees as follows: The contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, notional origin political affiliation or belief, age, or handicap. The contractor shall take affirmative ;action to insure that applicants are employed and that employees are treated equally during employment, without regard to race, color, religion, sex, national origin, political affiliation or belief, age, or handicap. -Such action shall include but not be limited to the following: ..m~,~ ~ err~pl`ijyr~en~; ~ipgrading; demotion, transfer, recruitment or advertising, layoff or termination, rates of F;.~.,: ; , ~3,~~raor,*Q~la~r ~b~r~~'of~ompensation, and selection fro training, including apprenticeship. The -~ ~~.`• coritractor:sh~li pest in conspicuous place, available to employees and applicants for employment, ='. notices'settGri 'forth these provisions. The contractor shall in all solicitation or advertisements for employees placed by or on behalf of the. contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, political affiliation or belief, age, or handicap. The contractor shall send a copy of the EEO provisions to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding. In the event of the contractor's noncompliance with these EEO provisions the County may cancel, terminate, or suspend this contract, iri whole of in past, and the County may declare the contractor ineligible for further County contracts. Unless exempted by the Board of County Commissioners, the contractor shall include these EEO provision in every purchase order for goods to be used in performing this contract and in every subcontract related to this contract so that these EEO provision will be binding upon such subcontractors and vendors. NON-DISCRIMINATION PROVISIbN Orange County opposes discrimination on the basis of race and sex and urges all of its contractors to provide a fair opportunity for~minorities and women to participate in their work forces and as subcontractors and vendors under County contracts: ,r - Page 6 ORANGE COUNTY BID 1616 -BUS SHELTER REVISION TO FIiWA-1273 CONCERNING PERSONAL INFORMATION ON PAYROLL. SUBMISSIONS: (1-20-09) SP1G59 Revise the Standard Special Provision FHWA-1273 Required Contract Provisions Federal Aid Construction Contracts as follows: • Section V, Paragraph 2b is replaced with the following: The payroll records shall contain the name, and the last four digits of the socialAsecurity number • a ~ • of each such employee, his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section 1(b)(2)(B) of the Davis Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. DISADVANTAGED BUSINESS ENTERPRISE (POC AND MUNICIPALITIESI: (10.16-07)(Rev 10-20-09) SP1G62 Policy It is the policy of the North Carolina Department of Transportation that Disadvantaged Business Enterprises (DBEs) as defined in 49 CFR Part 26 shall have the equal opportunity to compete fairly for .and to participate in the performance of contracts financed in whole or in part by Federal Funds. Obligation The Contractor, subcontractor, and sub-recipient shall not discriminate on the basis of race, religion, color, national origin, age, disability or sex in the performance of this ~ contract. The Contractor shall comply with applicable requirements of 49 CFR Part 26 in the award and administration of federally assisted contracts. Failure by the Contractor to comply with these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the Department deems necessary. DeSnitions Commitment -The approved DBE participation submitted by the prime contractor doting the bidding process. Committed DBE -Any DBE listed on the DBE commitment list approved by the Department at the time of bid submission or any DBE utilized as a replacement for a DBE firm listed on the commitment list. Department -North Carolina Department of Transportation Municipality -The entity letting the contract, when this provision refers to the Department or DOT, it shall mean municipality, if applicable. Disadvantaged Business Enterprise (DBE) - A firm certified as a Disadvantage Business Enterprise through the North Carolina Unified Certification Program Goal -The DBE participation specified herein Letter of Intent -Written documentation of the bidder/offeror's commitment to use a DBE subcontractor and confirmation from the DBE that it is participating in the contract. Manufacturer - A firm that operates or maintains a factory or establishment that produces on the premises the materials or supplies obtained by the Contractor. Regular Dealer - A firm that .owns, operates,. or maintains a store, warehouse, or other establishment in which the materials or supplies required for the performance of the contract are bought, kept in stock, and regularly sold to the public in the usual course of business. A regular dealer engages in, as its principal business and in its own name, the purchase and sale or lease of the products in question. A regular dealer in such bulk items as steel, cement, gravel, stone, and petroleum products need not keep such products in stock, if it owns or operates distribution equipment. Brokers and packagers are not regazded as manufacturers or regular dealers within the meaning of this section. Form RS-I -D -Form for subcontracts involving DBE subcontractors attesting to the agreed upon unit prices and extensions for the affected contract items. North Carolina Unifced Certification Program - A program that provides comprehensive information to applicants for certification, such that an applicant is required to apply only once for a DBE certification that will be honored by all recipients of USDOT funds in the state and not limited to the Department of Transportation only. The Certification Program is in accordance with 49 CFR Part 26. Standard Specifications - .The general term comprising all directions, provisions, and requirements contained or referred to in the North Carolina Department of Transportation Standard Specifications for Roads and Structures and any subsequent revisions or additions to such book that are issued under the title Supplemental Spec cations. USDOT -United States Department of Transportation, including the Office of the Secretary, the Federal Highway Administration (FHWA), the Federal Transit Administration (FTA), and the Federal Aviation Administration (FAA). Contract Goal The following goal for participation by Disadvantaged Business Enterprises is established for this contract: Disadvantaged Business Enterprises (0.00) % (A) If the goal is more than zero, the Contractor shall exercise all necessary and reasonable steps to ensure that Disadvantaged Business Enterprises participate in at least the percent of the contract as set forth above as the goal (B) If the goal is zero, the Contractor shall continue to recruit the DBEs and report the use of DBEs during the construction of the project. A good faith effort will not be required with a zero goal Contract Requirement The approved DBE participation submitted by the Contractor shall be the Contract Requirement. Certified Transportation Firms Directory Real-time information about firms doing business with the Department and firms that .are certified through North Carolina's Unified Certification Program is available in the Directory of Transportation Firms. The Directory can be accessed by the link on the Department's homepage or by entering httns://apps.dot.state.nc.us/vendor/directorX in the address bar of your web browser. Only firms identified as DBE certified in the Directory can be utilized to meet the contract goals. The listing of an individual firm in the Department's directory shall not be construed as an endorsement of the firm's capability to perform certain work. . Listing of DBE Subcontractors in Contract Only those DBE firms with current certification are acceptable for listing in the bidder's submittal of DBE participation. The Contractor shall indicate the following required information: (A) If the goal is more than zero bidders, at the time the bid proposal is submitted, shall submit a listing of DBE participation on the appropriate form (or facsimile thereof) contained elsewhere in the contract documents in order for the bid to be considered responsive. Bidders shall indicate the total dollar value of the DBE participation for the contract. If the bidder has no DBE participation, they shall indicate this on the form "Listing of DBE Subcontractors" by entering the word or number zero. This form shall be completed in its entirety. B_ lank forms will not be deemed to represent zero participation. Bids submitted that do not have DBE participation indicated on the appropriate form will not be read publicly during the opening of bids. The Department will not consider these bids for award and the proposal will be returned to the bidder. (B) If the goal is zero, bidders at the time the bid proposal is submitted, shall enter the word "zero" or number "0" or if there is participation, add the value on the "Listing of DBE Subcontractors" (or facsimile thereof) contained elsewhere in the contract documents. Written Documentation -Letter of Intent The bidder shall submit written documentation of the bidder/offeror's commitment to use a DBE subcontractor whose participation it submits to meet a contract goal and written confirmation from each DBE, listed in -the proposal, indicating their participation in the contract. This documentation shall be submitted on the Department's form titled "Letter of Intent to Perform as a Subcontractor". This letter of intent form is available at: htttr//www.ncdot.or /g/doh/reconstruct/ps/contracts/letterofmtent ~ It shall be received in the office of the Orange County Purchasing Agent no later than 5:00 p.m. of the 7th calendar day following opening of bids. If the bidder fails to submit the letter of intent from each committed DBE listed in the proposal indicating their participation in the contract, the DBE participation will not count toward meeting the goal. Counting DBE Participation Toward Meeting DBE Goal of Zero or More (A) If a firm is determined to be an eligible DBE firm, the total dollar value of the participation by the DBE will be counted toward the contract requirement. The total dollar value of participation by a certified DBE will be based upon the value of work actually performed by the DBE and the actual payments to DBE firms by the Contractor. (B) When a DBE performs as a participant in a joint venture, the Contractor may count towazd its DBE goal a portion of the total value of participation with the DBE in the joint venture, that portion of the total dollaz value being a distinct clearly defined portion of work that the DBE performs with its forces. (C) (1) The Contractor may count towazd its DBE requirement only expenditures to DBEs that perform a commercially useful function in the work of a contract. A DBE performs a commercially useful function when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the DBE shall also be responsible with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable) and paying for the material itself. To determine whether. a DBE is performing a commercially useful function, Orange County will evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the contract is commensurate with the work it is actually performing and the DBE credit claimed for its performance of the work, and other relevant factors. (2) A DBE may enter into subcontracts. Work that a DBE subcontracts to another DBE firm may be counted toward the contract requirement. Work that a DBE subcontracts to a non-DBE firm does not count towazd the contract requirement. If a DBE contractor or subcontractor subcontracts a significantly greater portion of the work of the contract than would be expected on the basis of standard industry practices, the DBE shall be presumed not to be performing a commercially useful function. The DBE may present evidence to rebut this presumption to Orange County for commercially useful functions. Orange County's decision on the rebuttal of this presumption is subject to review by the Federal Highway Administration but is not administratively appealable to USDOT. (3) The following factors will be used to determine if a DBE .trucking firm is performing a commercially useful function. (a) The DBE shall be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular contract, and there shall not be a contrived arrangement for the purpose of meeting DBE goals. (b) The DBE shall itself own and operate at least one fully licensed, insured, and operational truck used on the contract. (c) The DBE receives credit for the total value of the transportation services it provides on the contract using trucks it owns, insures, and operates using drivers it employs. (d) The DBE may lease- trucks from another DBE firm, including anowner- ogerator who is certified as a DBE. The DBE who leases trucks .from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the contract. (e) The DBE may also lease trucks from anon-DBE firm, including from an owner-operator. The DBE who leases trucks from anon-DBE is entitled to credit for the total value of transportation services provided by non- DBE lessees not to exceed the value of transportation services provided by DBE-owned trucks on the contract. Additional participation by non-DBE lessees receives credit only for the fee or commission it receives as a result of the lease arrangement. The value of services performed under lease agreements between the DBE and Contractor will not count towards the contract requirement. (f) For purposes of this paragraph, a lease shall indicate that the DBE has exclusive use of and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks shall display the name and identification number of the DBE. (D) A contractor may count toward its DBE requirement 60 percent of its expenditures for materials and supplies required to complete the contract and obtained from DBE regular dealer and 100 percent of such expenditures to a DBE manufacturer. (E) A contractor may count toward its DBE requirement the following expenditures to DBE firms that are not manufacturers or regular dealers: (1) The fees or commissions charged by a DBE firm for providing a bona fide service, such as professional, technical, consultant, or managerial services, or for providing bonds or insurance specifically required for the performance of a DOT-_ assisted contract, provided the fees or commissions are determined to be reasonable and not excessive as compazed with fees and commissions customarily allowed for similaz services. (2) The fees or commissions charged for assistance in the procurement of the materials and supplies, or for transportation charges for the delivery of materials or supplies required on a job site (but not the cost of the materials and supplies themselves), provided the fees are not from a manufacturer or regular dealer and provided the fees aze determined to be reasonable and not excessive as compared with fees customarily allowed for similar services. Good Faith Effort for Projects with Goals More Than Zero If the DBE participation submitted in the bid by the apparent lowest responsive bidder does not meet or exceed the DBE contract goal, the apparent lowest responsive bidder shall submit to Orange County documentation of its good faith efforts made to reach the contract goal. One. complete set and 9 copies of this information shall be received in the office of the Purchasing Agent no later than (Time of Day) of the (No. of Days) calendaz day following. opening of bids. Where the information submitted includes repetitious solicitation letters it will be acceptable to submit a representative letter along with a distribution list of the firms that were solicited. Documentation of DBE quotations shall be a part of the good faith effort submittal as necessary to demonstrate compliance with the factors listed below which Orange County considers in judging good faith efforts. This documentation may include written subcontractor quotations, telephone log notations of verbal quotations, or other types of quotation documentation. The following factors will be used to determine if the bidder has made adequate good faith effort: (A) Whether the bidder attended any pre-bid meetings that were scheduled by Orange County to inform DBEs of subcontracting opportunities. (B) Whether the bidder provided solicitations through all reasonable and available means (e.g. advertising in newspapers owned and targeted to the Disadvantaged) at least 10 calendaz days prior to bid opening. Whether the bidder provided written notice to all .DBEs listed in the NCDOT Directory of Transportation Firms, within the Divisions and surrounding Divisions where the project is located, that specialize in the areas of work (as noted in the DBE Directory) that the bidder will be subletting. (C) Whether the bidder followed up initial solicitations of interests by contacting DBEs to determine with certainty whether they were interested. If a reasonable amount of DBEs within the targeted Divisions do not provide an intent to quote or no DBEs specialize in the subcontracted areas, the bidder shall notify DBEs outside of the targeted Divisions that specialize in the subcontracted areas, and contact Orange County to give notification of the bidder's inability to get DBE quotes. (D) Whether the bidder selected portions of the work to be performed by DBEs in order to increase the likelihood of meeting the contract goals. This includes, where appropriate, breaking out contract work items into economically feasible units to facilitate DBE participation, even when the bidder might otherwise perform these work items with its own forces. (E) Whether the bidder provided interested DBEs with adequate and timely information about the plans, specifications and requirements of the contract. (F) Whether the bidder negotiated in good faith with interested DBEs without rejecting them as unqualified without sound reasons based on a thorough investigation of their capabilities. Any rejection should be noted in writing with a description as to why an . agreement could not be reached. (G) Whether quotations were received from interested DBE firms but rejected as unacceptable without sound reasons why the quotations were considered unacceptable. The fact that the DBE firms quotation for the work is not the lowest quotation received will not in itself be considered as a sound reason for rejecting the quotation as unacceptable. The fact that the bidder has the ability and/or desire to perform the contract work with its own forces will not be considered as sound reason for rejecting a DBE quote. Nothing in this provision shall be construed to require the bidder to accept unreasonable quotes in order to satisfy contract goals. (I-~ Whether the bidder specifically negotiated with subcontractors to assume part of the responsibility to meet the contract DBE goal when the work to be sublet includes potential for DBE participation. (n Whether the bidder made any efforts and/or offered assistance to interested DBEs in obtaining the necessary equipment, supplies, materials, insurance, and/or bonding to satisfy the work requirements in the bid proposal. (,n Any other evidence that the bidder submits which show that the bidder has made reasonable good faith efforts to meet the contract goal. If a bidder is the apparent lowest responsive bidder on more than one project within the same letting located in the same geographic area of the state, as a part of the good: faith effort Orange County will consider allowing the bidder to combine the DBE participation as long as the DBE . overall goal value of the combined projects is achieved. If Orange .County does not award the contract to the apparent lowest responsive bidder, the Orange County reserves the right to award the- contract to the next lowest responsive bidder that can satisfy the County that the contract goal can be met or that adequate good faith efforts have been made to meet the goal. DBE Replacement The Contractor shall not terminate a committed DBE subcontractor for convenience or perform the work with its own forces or those of an affiliate. If the Contractor fails to demonstrate reasonable efforts to replace a committed DBE firm that does not perform as intended with another committed DBE firm or completes the work with its own forces without the County's approval, the Contractor may be disqualified from further bidding for a period of up to 6 months.. The Contractor shall comply with the following for replacement of committed DBE. (A) Performance Related Replacement When a DBE is terminated or fails to complete its work on the contract for any reason, the Contractor shall take all necessary, reasonable steps to replace the DBE subcontractor with another DBE subcontractor to perform at least the same amount of work as the DBE that was terminated. The Contractor is encouraged to first attempt to find another DBE firm to do the same work as the DBE that was being terminated. To demonstrate necessary, reasonable good faith efforts, the Contractor shall document the steps they have taken to replace any DBE subcontractor who is unable to perform successfully with another DBE subcontractor. Such documentation. shall include but not be limited to the following: (1) Copies of written notification to DBEs that their interest is solicited in subcontracting the work defaulted by the previous DBE subcontractor or in subcontracting other items of work in the contract. (2) Efforts to negotiate with DBEs for specific subbids including, at a minimum: (a) The names, addresses, and telephone numbers of DBEs who were contacted. (b) A description of the information provided to DBEs regarding the plans and specifications for portions of the work to be performed. (3) For each DBE contacted but rejected as unqualified, the reasons for the Contractor's conclusion. (4) Efforts made to assist the DBEs contacted, if needed, in obtaining bonding or insurance required by the Contractor. (B) Decertification Replacement (1) When a committed DBE is decertified by the North Carolina Department of Transportation after a Request for Subcontract has been received by the County, the Orange County will not require the Prime Contractor to solicit replacement DBE participation equal to the remaining work to be performed by the decertified firm. The participation equal to the remaining work performed by the decertified firm will count toward the contract requirement. (2) When a committed DBE is decertified prior to Orange County receiving a Request for Subcontract for the named DBE firm,. the Prime Contractor shall take all necessary and reasonable steps to replace the DBE subcontractor with another DBE subcontractor to gerform at Ieast the same amount of work to meet the contract goal or demonstrate that it has made a good faith effort to do so. Changes in the Work When the Engineer makes changes that result in the reduction or elimination of work to be performed by a committed DBE, the Contractor will not be required to seek additional participation. When the Engineer makes changes that result in additional work to be performed by a' DBE based upon the Contractor's commitment, the DBE shall participate in additional work to the same extent as the DBE participated in the original contract work. When the Engineer makes changes that result in .extra work, which has more than a minimal impact on the contract amount, the Contractor shall seek additional participation by DBEs unless otherwise approved by the Engineer. When the Engineer makes changes that result in an alteration of plans or details of construction and a portion or all of work had been expected to be performed by a committed DBE, the Contractor shall seek participation by DBEs unless otherwise approved by the Engineer. When the Contractor requests changes in the work that result in the reduction or elimination of . work that the Contractor committed to be performed by a DBE, the Contractor shall seek additional participation by DBEs equal to the reduced DBE participation caused by the changes. Reports All requests for subcontracts involving DBE subcontractors shall be accompanied by a certification executed by both the Prime Contractor and the DBE subcontractor attesting to the agreed upon unit prices and extensions for the affected contract items. This information shall be submitted on the Department Form RS-1-D, located at: ham://www.ncdot.ors/doh/forms/files/FORMRS-1-D.doc unless otherwise approved by Orange County. Orange County reserves the right to require copies of actual subcontract agreements involving DBE subcontractors. Within 30 calendar days of entering into an agreement with a DBE for materials, supplies or services, not otherwise documented by a Request for Subcontract as specified above, the Contractor shall furnish the Engineer a copy of the agreement. The documentation should also indicate the percentage (60% or 100%) of expenditures claimed for DBE credit. All certifications will be considered a part of the project records, and consequently will be subject to penalties under Federal Law associated with falsifications of records related to projects. Reporfing Disadvantaged Business Enterprise Participation (A) The Contractor shall provide the Engineer with an accounting of payments made to Disadvantaged Business Enterprise firms, including material suppliers, contractors at all levels (prime, subcontractor, or second tier subcontractor). This accounting shall be furnished to the Engineer for any given month by the end of the following month. Failure to submit this information accordingly may result in the following action: (1) Withholding of money due in the next partial pay estimate; or (2) Removal of an approved contractor from. the prequalified bidders' list or the removal of other entities from the approved subcontractors list. (Municipality may add to, change or delete this section.) (B) The Contractor shall report the accounting of payments on the Department's .DBE Subcontractor Payment Information Form DBE-IS, which is available at: http://www.ncdot.org/doh/forms/files/DBE-IS.xls. This shall be reported.to the Orange County Transportation Purchasing Agent. (C) Contractors reporting transportation services provided by non-DBE lessees shall evaluate the value of services provided during the month of the reporting period only. Prior to payment of the final .estimate, the Contractor shall furnish an .accounting of total payment to each DBE. A responsible fiscal officer of the payee contractor, subcontractor, or second tier subcontractor who can attest to the date and amounts of the payments shall certify that the accounting is correct. While each contractor (prime, subcontractor, 2nd tier subcontractor) is responsible for accurate accounting of payments to DBEs, it shall be the prime contractor's responsibility to report all monthly and final payment information in the correct reporting manner. Because Federal Funding is being used to fund this project, failure on the part of the Contractor to submit the required information in the time frame specified may result in the disqualification of that contractor and any affiliate companies from further bidding until the required information is submitted. Because Federal Funding is being used to fund this project, failure on the part of any subcontractor to submit the required information in the time frame specified may result in the disqualification of that contractor and any affiliate companies from working on any Federal or State project until the required information is submitted. Failure to Meet Contract Requirements Failure to meet contract requirements in accordance with Article 102-16(~ of the Standard Specifications may be cause to disqualify the Contractor. LIABILITY INSURANCE: (11-18-08) SPI G80 Page 1-68, Article 107-16 is amended to include the following as the first, second, third and fourth paragraphs: The Contractor shall be liable for any losses resulting from a breach of the terms of this contract. The Contractor shall be liable for any losses due to the negligence or willful misconduct of its agents, assigns and employees including any sub-contractors which causes damage to others for which the Department is found liable under the Torts Claims Act, or in the General Courts of Justice, provided the Department provides prompt notice to the Contractor and that the Contractor has an opporhlxlity to defend against such claims. The Contractor shall not be responsible for punitive damages. The Contractor shall at its sale cost and expense obtain and furnish to the Department an original standazd ACO]tD form certificate of insurance evidencing commercial general liability with a limit for bodily injury and property damage in the amount of $5,000,000.00 per occurrence and general aggregate, covering the Contractor from claims or damages for bodily injury, personal injury, or for property damages which may arise from operating under the contract by the employees and agents of the Contractor.. The required limit of insurance may be obtained by a single general liability policy or the combination of a general liability and excess liability or umbrella policy. The State of North Carolina shall be named as an additional insured on this commercial general liability policy. The policy may contain the following language as relates to the State as an additional insured: "This insurance with respect to the additional insured applies only to the extent that the additional insured is held liable for your or your agent's acts or omissions arising out of and in the course of operations performed for the additional insured." The Contractor shall maintain all legally required insurance coverage, including without limitation, worker's compensation and vehicle liability, in the amounts required by la.w. Providing and maintaining adequate insurance coverage is a material obligation of the contractor and is of the essence of this contract. All. such insurance shall meet all laws of the State of North Carolina. Such insurance coverage shall be obtained from companies that aze authorized to provide such coverage and that are authorized by the Commissioner of Insurance to do business in North Carolina. The Contractor shall at all times comply with the terms of such insurance policies. Upon execution of the contract, provide evidence of the above insurance requirements to the Engineer. CERTIFICATION FOR FEDERAL-AID CONTRACTS: (3-21-90) SPl G85 The prospective participant certifies, by signing and .submitting this bid or proposal, to the best of his or her knowledge and belies; that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or .employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any. person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than-$10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall xequire that the .language of this certification be included in all lower tier .subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. DOMESTIC STEEL AND IRON PRODUCTS (Buy America}: SPl Cfl7 All steel .and iron products which are permanently incorporated into this project shall be produced in the United States except minimal amounts of foreign steel and iron products may be used provided the combined project cost of the bid items involved does not exceed one-tenth of one percent (0,1 percent) of the total amount bid for the entire project or $2,500.00, whichever is greater. This minimal amount of foreign produced steel and iron products permitted for use by this Special Provision is not applicable to fasteners. Domestically produced fasteners are required for this project. All steel and iron products furnished as "domestic products" shall be melted, cast, formed, shaped, drawn, extruded, forged, fabricated, produced, or otherwise processed and manufactured in the United States. Raw materials including pig iron and processed pelletized and reduced iron ore used in manufacturing "domestic" steel products may be imported; however, all manufacturing processes to produce the products, including coatings, must occur in the United States. Before each steel or iron product is incorporated into this project or included for partial payment on a monthly estimate, the Contractor shall furnish the Resident Engineer a notarized certification certifying that the product conforms to the above requirements of this Special Provision. The Resident Engineer will forward a copy of each certification to the Materials and Tests Unit. Each purchase order issued by the Contractor or a subcontractor for steel and iron products to be permanently incorporated into this project shall contain in bold print a statement advising the supplier that all manufacturing processes to produce the steel or iron shall have occurred in the Uzuted States. The Contractor and all affected subcontractors shall maintain a separate file for steel products permanently incorporated into this project so that verification of the Contractor's efforts to purchase "domestic" steel and iron~products can readily be verified by an authorized representative of the Department or the Federal Highway Administration. U.S. DEPARTMENT OF TRANSPORTATION HOTLINE: (I1-22-94) sPl GI00 To report bid rigging activities call: 1-800-424-9071 The U.S. Department of Transportation (DOT) operates the above toll-free hotline Monday through Friday, -8:00 a.m to 5:00 p.m. eastern time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the hotline to report such activities. The hotline is part of the DOT's continuing effort to identify. and investigate highway construction contract fraud and abuse is operated under the direction of the DOT Inspector General. All information will be treated confidentially and caller anonymity will be respected. OUTSOURCING OUTSIDE THE U5A: (9-21-04) (5-16-06) SPl G150 All work on consultant contracts, services contracts, and construction contracts shall be performed in the United States of America. No work shall be outsourced outside of the United States of America. Outsourcing for the purpose of this provision is defined as the practice of subcontracting labor, work, services, staffing, or personnel to entities located outside of the United States. The North Carolina Secretary. of Transportation shall approve exceptions to this provision in writing. GIFTS FROM VENDORS AND CONTRACTORS:- (12-15-09) SPl G152 By Executive Order 24, issued by Governor Perdue, and N.C. G.S.§ 133-32, it is unlawful for any vendor ~or contractor (i.e. architect, bidder, contractor, construction manager, design professional, engineer, landlord, offeror, seller, subcontractor, supplier, or vendor); to make gifts or to give favors to any State employee of the Governor's Cabinet Agencies (i.e. Administration, Commerce, Correction, Crime Control and Public Safety, Cultural Resources, Environment and Natural Resources, Health and Human Services, Juvenile justice and Delinquency Prevention, Revenue, Transportation, and the Office of the Governor). This prohibition covers those vendors and contractors who: (1) have a contract with a governmental agency; or (2) have performed under. such a contract within the past year; or (3) anticipate bidding on such a contract in the future. For additional information regarding the specific requirements and exemptions, vendors and contractors are encouraged to review Executive Order 24 and G.S. § I33-32. Executive Order 24 also encouraged and invited other State Agencies to implement the requirements and prohibitions of the Executive Order to their agencies. Vendors and contractors should contact other State Agencies to determine if those agencies have adopted Executive Order 24. U v z U a, w Qo Q~~ o a ~ y A~ W W U ,~ boa 0 H U Q ~ ~ O r ~/ ~ ~ /~ T~ V1 ° w z ~ ~ A C w w ~ 03 ~ a Q z w 1 w a 0 U 0 0 N ~. T's ~ ~ ~ ~. ~ ~ ~. o .n ^a a o a~ ~, ~~ ~ q0 •~ •~ w y ~ 1~ ~ in ~i 1~r w a> y ;a ,,~ w v ° .~ w .~ ~~ as ~ ~~ 'o ~y `~ a ~. ~ ~ A 0 0 ~~ C. 'C ..~ ~ r.+ GL o W u ~ °' A a .~ o ~ A H ~~ 0 4 a~ U U ,n z 0 U ~w 0 a~~ o w Aar ~{-d O # 'rF ', ,~ A i--~ U ,~ ~ QOa ~ Q O U H Z A ~ W W U ~ V1 w ~ z ry A w W ~ W o~ E"'r H a A z w W ~' 0 U O z a 0 U ~. d ~~ ~ ~ ~ ~ ~. A U p :~ „~ ~ is ~.o ~~ ~~ °° b .., •~ A d O ~ ~ ~O ;C ,~ ~~ ~° a~ .a w $ w ~~ a~ ~ .,. '~ o ~. ~ w ~ ~ b~ ao ~~ ~ ,a w .., :: O W V °' A ~. o ~~ ~~ ~ '~ N i~ a a M 7 H C: U p~ 9 z U O O~ O ~ Aar dF '~ A~ W~W U ~ .~ ~ oa ~ oZ H U U Z A ~ O U H w ~ °z aa A w O ~ o~ a A z w 1 w b O J N ~. •rs ~ a ~ ~, ~ ~~ o a '~ ~ o a~ a~ ~ ~w ~ q~ .~~. '~ ~ A t~ y ~~ ~~ ~~ .~ 'q i+ U ~ ~~ ^~ ~ pq '" ~a ~ a '~ ~o ~. e~~., ~. ~ l o b ~ .., ~ .C. w ... CL v W °' A .w o ryi p R ~ w ~b 'a" ;u~ H ~ z 0 4 M '~i' z ~O a ~ ~ Q ~ w ~ o o ~ ~ Q H ~-+ W ~ W U ,.~ ¢oa ~ z O ° H U ~ . Q O r~ w° w P'a z A ,, • t d : - . . ~ ~t:~, ,:- A Q d z ~. w ~. s~ ~ a O U ~ a t~ .~ b U ~ ~ ~ ~' ' a W ~ ~ o W Q ~ '~ ° ~ ~~ o ~~ ~ o ~ .~ ~ ~ A ~ ~ ~ . '~ * y 0 ap y ~' :~ ~~ d ~; w ~A ~~ °' ~ w ~ a .,. o „ o u ~ ~ m '~ a i 0 N V y. O ~+ ~ ~ N h ~ O ~ ~ ~ p A ~ N ~ ~ S7 y N "~ ~ i-~ • V ~. ~ ~ •~ " c W ~ ~ ~ ~ o ~ .~ .~ ~'~ °' a~i o ~ ~ W ~ b U ~ ,~ ~ ~ o W ~ a ~ ~ ~ ~ ~ v ~ ~ N ,p ~ y ~ ~ ~ ~ ~ ~+ ~ ~ ~ ~o~~~ ~ ~~ •~ V ~ Q~ ~ ~ ~ . -x Q ~ a. * H ~~ 0 4 1616 ContradNo. Rev.7-12-10 cam, ORANGE EXECUTION OF BID NON-COLLUSION AFFIDAVIT, DEBARMENT CERTIFICATION AND GIFT BAN CERTILiTCATION CORPORATION The person executing the bid, on behalf of the Bidder, being duly sworn, solemnly swears (or affirms) that neither he, nor any official, agent or employee of the bidder has entered into any agreement, participated in any collusion, or otherwise taken any action which is in restraint of free competitive bidding in connection with any bid or contract, that the bidder has not been convicted of violating N.GG.S. ,¢ 133-24 within the last three years, and that the Bidder intends to do the work with its own bonafide employees or subcontractors and is not bidding for the benefit of anothea ca~ntractor. 1n addition, execution of this bid in the proper manner also constitutes the Bidder's certification of status under penalty of perjury under the laws of the United States in accordance with the Debarment Certification attached, provided that the Debarment Certification also includes any required statements concerning exceptions that are applicable. N. C G S. ~ 133-32 and Exeaitive Order 24 prohibit the offer to, or acceptance by, any State Employee of any gift from anyone with a contract with the State, or from any person seeking to do business with the State. By execution of any response in this procwement, you attest, for your entire organization and its employees or agents, that you are not aware that any such gift has been offered, accepted, or promised by any employees of your organization. SIGNATURE OF CONTRACTOR l~7 ~OrtS~'Y1,CG~{'I on ,1 V1G FuII name of Corporation s~,k so~,_ cG~,.l~~, ti~ ~a~a Address as Pregi Attest ~ y Secrete /Assistant Secre Select appropriate title President~ce PresidentTAssistant V Select appropriate title .games /'~a ve Print or type Signer's name ,1,1111111/11~~ '~e~rnrs ~a+!9T,gVO~:`.. Print , Goa,~B~er COREoRA~h~ . ti. ~~ p •.. 2000.0~~2,: AFFIDAVIT MUST BE NOTARIZED Subscribed and sworn to before me this the _~! _ day of (Y1G. 20~. Lf rtd s 5 ~f GGn S' atute of Notary Public of _ (~ CI ~^ ~-P trL~ County State of '~j ~ ~ `~~~,Y ~S t t ~`'' . .~~ p5P '~<< ~'~. ~~ RR Fri ~: v SNOTAR'~ SEAS, U~ y jOt! B 1.~G,~z My Commission Expires: Q '3 ~ ~ a 015 1616 Contract No. connry ORANGE Rev. 7-12-10 EXECUTION OF BID NON-COLLUSION AFFIDAVIT, DEBARMENT CERTIFICATION AND GIFT BAN CERTIFICATION PARTNERSHIP The person executing the bid, on behalf of the Bidder, being duly sworn, solemnly swears (or affirms) that neither he, nor any official, agent or employee of the bidder has entered into any agreement, participated in any collusion, or otherwise taken any action which is in restraint of free competitive bidding in connection with any bid or contract, that the bidder has not been convicted of violating N.C.G.S § 133-24 within tfie last three years, and that the Bidder intends to do the work with its own bonafide employees or subcontractors and is not bidding for the benefit of another contractor. In addition, execution of this bid in the proper manner also constitutes the Bidder's certification of status under penalty of perjury under the laws of the United States in accordance with the Debarment Certification attached, provided that the Debarment Certification also includes any required statements concerning exceptions that are applicable. N.C.G.S. § 133-32 and Executive Order 24 prohibit the offer to, or acceptance by, any State Employee of any gift from anyone with a contract with the State, or from any person seeking to do business with the State. By execution of any response in this procurement, you attest, for your entire organization and its employees or agents, that you aze not aware that any such gift has been offered, accepted, or promised by any employees of your organization. SIGNATURE OF CONTRACTOR Full Name of Partnership Address as Frequalified By Signature of Witness Signature of Partner Print'or type Signer's name Print or type Signer's name AFFIDAVIT MUST BE NOTARIZED Subscribed and sworn to before me this the NOTARY SEAL day of 20 Signature of Notary Public of County State of My Commission Expires: 1616 ConhactNo. cam, ORANGE Rev.7-12-10 EXECUTION OF BID NON-COLLUSION AFFIDAVIT, DEBARl1'IENT CERTIFICATION AND GIFT BAN CERTIFICATION LIlVIITED LIABILITY COMPANY The person executing the bid, on behalf of the Bidder,. being duly sworn, solemnly swears (or affirms) that neither he, nor any official, agent or employee of the bidder has entered into any agreement, participated in any collusion, or otherwise taken any action which is in restraint of free competitive bidding in connection with any bid or contract, that the bidder has not been convicted of violating N. C. G S § 133-24 within the last three years, and that the Bidder intends 'to do the work with its own bonafide employees or subcontractors and is not bidding for the benefit of another contractor. In addition, execution of this bid in the proper manner also constitutes the Bidder's certification of status under penalty of perjury under the laws of the United States in accordance with the Debarment Certification attached, provided that the Debarment Certification also includes any required statements concerning exceptions that are applicable. N.C.G.S. § 133-32 and Executive Order 24 prohibit the offer to, or acceptance by, any State Employee of any gift from anyone with a contract with the State, or from any person seeking to do business with the State. By execution of any response in this procurement, you attest, for your entire organization and its employees or agents, that you are not aware that any such gift has been offered, accepted, or promised by any employees of your organization. SIGNATURE OF CONTRACTOR Full Name of Address as Signature of Witness Print or type Signer's name Signature of Manager Individually Print or type Signer's Name AFFIDAVIT MUST BE NOTARIZED Subscnbed and sworn to before me this the NOTARY SEAL day of za Signature of Notary Pnblic of State of County My Commission Expires: Contract No. 1616 County ORANGE Rev. 7-12-10 EXECUTION OF BID NON-COLLUSION AFFIDAVTi', DEBARMENT CERTIFICATION AND GIFT BAN CERTIFICATION JOINT VENTURE (2) or (3) T'he person executing the bid, on behalf of the Bidder, being du]y sworn, solenmly swears (or affirms) that neither he, nor any official, agent or employee of the bidden has entered into any agreement, participated in any collusion, or otherwise taken any action which is in restraint of free competitive bidding in connection with a~ bid or contract, tbai the biddy has not been convicted of violating N.C.G.S. § 133-24 within the last three years, and that the Bidder imends to do the work with its own bonafide employees or subcontractors and is not bidding for the benefit of another contractor. In addition, execution of this bid in the proper manner also constitutes the Bidder's certification of status under penalty of perjury under the laws of the United States in accordance with the Debarment Certification attached, provided that the Debarment Certification also includes any required statements concerning exceptions that are applicable. N.C.G.S § 133-32 and Executive Order 24 prokuliit the offer to, or acceptance by, a~ State Employee of any giR from anyone with a contract with the State, or from any person seeking to do business with the State. By execution of any response in this procurement, you attest, for your entire organization and its employees or agents, that you are not aware that any such gift bas been offered, accepted, or promised by a~ employees of your organization. SIGNATURE OF CONTRACTOR Ins~trctions: 2 Joint Venturers Fill in lines (1), (2) and (3) and execute. 3 Joint Venturers Fill in lines (1), (2), (3) and (4) and execute. On Line (1), fill in the name of the Joint Venture Company. On Line (2), fit] in the name of one of the joint venturers and execute below in the appropnate manner. On Line (3), print ar type the name of the other joint venturer and execute below in the appropriate manner. On Line (4), fill in the name of the third joint venturer, if applicable and execute below in the appropriate manner. (1) Name of Joint Venture (2) Name of Contractor Address as Prequalified Signature of Witness or Attest By Signature of Contractor Print or type Signer's name Print or type Signer's name If Corporafion, afftt Corporate Seal and (3) Name of Contractor Address as Prequalified Signature of Witness or Attest By Signature ofContmctor Print or type Signer's name Print or type Signer's name If Corporation, affix Corporate Seal and (4) Name of Contractor (for 3 Joint Venture only) Address as Prequa]ified Signature of Witness or Attest By Signature of Contractor Print or type Signer's name Print or type Signer's name If Corporafion, affix Corporate Sea! NOTARYSI3AL NOTARYSF,AL NOTARYSF,AL Affidavit must be notarised for Line (Z) Affidavit must be notarized for Line (3) Affidavit must be notarized forLirre (4) Subscribed and sworn to before me this Subscribed and swum to before me this Subscnbed and sworn to before me this -tiny of 20 -tiny of 20_ -day of 20 Signature of Notary Public Signature of Notary Public Signature of Notary Public of County of County of County State of State of State of My Commission Expires: My CommissionExpues: My Commission Expires: 1616 ContcactNo. ~~~, ORANGE xe~. ~-iz-to EXECUTION OF BID NON-COLLUSION AF~7DAVTT, DEBARMENT CERTIFICATION AND GIFT BAN CERTIFICATION INDIVIDUAL DOING BUSINESS UNDER A FIRM NAME The person executing the bid, on behalf of the Bidder, being duly sworn, solemnly swears (or affirms) that neither he, nor any official, agent or employee of the bidder has entered into any agreement, participated in any collusion, or otherwise taken any action which is in restraint of free competitive bidding in connection with any bid or contract, that the bidder has not been convicted of violating N.C G.S. §.133-24 within the last three years, and that the Bidder intends to do the work with its own bonafide employees or subcontractors and is not bidding for the benefit of another contractor. In addition, execution of this bid in the proper manner also constitutes the Bidder's certification of status under penalty of perjury under the laws of the United States in accordance with the Debarment Certification attached, provided that the Debarment Certification also includes any required statements concerning exceptions that are applicable. N.C.G.S ~ 133-32 and Executive Order 24 prohibit the offer to, or acceptance by, any State Employee of any gift from anyone with a contract with the State, or from any person seeking to do business with the State. By execution of any response in this procurement, you attest, for your entire organization and its employees or agents, that you are not aware that any such gift has been offered, accepted, or promised by any employees of your organization. SIGNATURE OF CONTRACTOR Name of Contractor Trading and doing business as Full name of Firm Address as Prequalified Signature of Witness Signature of Contractor, Individually Print or type Signer's name Print or type Signer's name AFFIDAVIT MUST BE NOTARIZED Subscribed and sworn to before me this the NOTARY SEAL day of_ Individual name 20_ Signahae of Notary Public of County State of My Commission Expires: 1616 Contract No. ~~, ORANGE rev. ~-lz-io EXECUTION OF BID NON-COLLUSION AFFIDAVIT, DEBARMENT CERTIFICATION AND GIFT BAN CERTIFICATION INDIVIDUAL DOING BUSINESS IN ffiS OWN NAME The person executing the bid, on behalf of the Bidder, being duly sworn, solemnly swears (or affirms) that neither he, nor any official, agent or employee of the bidder has entered into any agreement, participated in any collusion, or otherwise taken any action which is in restraint of free competitive bidding in connection with any bid or contract, that the bidder has not been convicted of violating N.C.G_S. § 133-24 within the last three years, and that the Bidder intends to do the work with its own bonafide employees or subcontractors and is not bidding for the benefit of another contractor. In addition, execution of this bid in the proper maffier also constitutes the Biddet's certification of status under penalty of perjury under the laws of the United States in accordance with the Debarment Certification attached, provided that the Debarment Certification also includes any required statements concerning exc~tions that are applicable. N.C.G.S. § 133-32 and Executive Order 24 prohibit the offer to, or acceptance by, any State EmQloyee of any gift from anyone with a contract with the State, or from any person seeking to do business with the State. By execution of'any response in this procurement, you attest, for your entire organization and its employees or agents, that you aze not aware that any such gift has been offered, accepted, or promised by any employees of your organisation. SIGNATURE OF CONTRACTOR Name of Contractor Print or type Individual name Address as Prequalified Signature of Contractor, Individually Print or type Signer's Name Signature of witness Print or type Signer's name AFFIDAVIT MUST BE NOTARIZED Subscribed and sworn to before. me this the NOTARY SEAL day of 20 Signature of Notary Public of State of .County My Commission Expires: co~~xrro.1616 ~~, ORAN GE DEBARMENT CERTIFICATION Conditions for certification: Rev. 7-12-10 1. The prequalified bidder shall provide immediate written notice to the Department if at any time the bidder learns that his certification was erroneous when he submitted his debarment certification or explanation filed with the Department, or has become erroneous because of changed circumstances. 2. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this provision, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. A copy of the Federal Rules requiring this certification and detailing the definitions and coverages may be obtained from the Contract Officer of the Department. 3. The prequalified bidder agrees by submitting this form, that he will not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or vohmtarily excluded from participation in NCDOT contracts, unless authorized by the Department. 4. For Federal Aid projects, the prequalified bidder further agrees that by submitting this form he will include the Federal-Aid Provision titled Required Contract Provisions Federal Aid Construction Contract (Form FHWA PR 1273) provided by the Department, without subsequent modification, in all lower tier covered transactions. 5. The prequalified bidder may rely upon a certification of a participant in a lower tier covered transaction that he is not debarred, suspended, ineligible, or vohmtarily excluded from the covered transaction, unless he knows that the certification is erroneous. The bidder may decide the method and frequency by which he will determine the eligibility of his subcontractors. 6. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this provision. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 7. Except as authorized in paragraph 6 herein, the Department may terminate any contract if the bidder knowingly enters into. a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available by the Federal Government. Contract No. 1616 ~~, ORANGE DEBARMENT CERTIFICATION Rev. 7-12-10 The prequalified bidder certifies to .the best of his knowledge and belied that he and his principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or vohantarily excluded from covered transactions by any Federal department or agency; b. Have not within athree-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records; making false statements; or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph b. of this certification; and d.. Have not within athree-year period preceding this proposal had one or more public transactions (Federal, State or local) ternunated for cause or default. e. Will submit a revised Debarment Certification immediately if his status, changes and will show in his bid proposal an explanation for the change in status. )f the prequalified bidder cannot certify that he is not debarred, he shall provide an explanation with this submittal An explanation, will not necessarily result in denial. of participation in a contract. Failure to submit anon-collusion affidavit and debarment certification will result in the prequalified bidder's bid being considered non responsive. Check here if an explanation is attached to this certification. STANDARD SPECIAL PROVISION AVAILABILITY OF FUNDS -TERMINATION OF CONTRACTS ~s-zo-os) zrz General Statute 143C-6-11. (h) Highway Appropriation is hereby incorporated verbatim in this contract as follows: (h) Amounts Encumbered. -Transportation project appropriations may be encumbered in the amount of allotments made to the Department of Transportation by the Director for the estimated.payments for transportation project contract work to be performed in the appropriation fiscal year. The allotments shall be multiyear allotments and shall be based on .estimated revenues and shall be subject to the maximum contract authority contained in General Statute 143C-6-11(c). Payment for transportation project work performed pursuant to contract in any fiscal year other than the current fiscal year is subject to appropriations by the General Assembly. Transportation project contracts shall contain a schedule of estimated completion progress, and any acceleration of this progress shall be subject to the approval of the Department of Transportation provided funds are available. The State reserves the right to terminate or suspend any transportation project contract, and any transportation project contract shall be so terminated or suspended if funds will not be available for payment of the work to be performed during that fiscal year pursuant to the contract. In the event of termination of any contract, the contractor shall be given a written notice of termination at least 60 days before completion of scheduled work for which funds aze available. In the event of termination, the contractor shall be paid for the work already performed in accordance with the contract specifications. Payment will be made on any contract terminated pursuant to the special provision in accordance with Article 108-13(E), of the North Carolina Department of Transportation Standard SpecificationsforRoads and Structures, dated July 1, 2006. STANDARD SPECIAL PROVISION PLANT AND PEST QUARANTINES (Imported Fire Ant, Gypsy Moth, Witchweed, And Other Noxious Weeds) (3-18-03) Within quarantined area This project may be within a county regulated for plant and/or pests. If the project or any part of the Contractor's operations is located within a quarantined area, thoroughly clean all equipment prior to moving out of the quarantined area. Comply withfederaUstate regulations by obtaining a certificate or limited permit for any regulated article moving from the quarantined area Originating in a quarantined county Obtain a certificate or limited permit issued by the N.C. Department of Agriculture/LJnited States Department of Agriculture. Have the certificate or limited permit accompany the article when it arrives at the project site. Contact Contact the N.C. Department of Agriculture/LTnited States Department of Agriculture at 1-800- 206-9333, 919-733-6932, or http://www.ncagr.com/plantind/ to determine those specific project sites located in the quarantined area or for any regulated article used on this project originating in a quarantined county. Regulated Articles Include 1. Soil, sand, gravel, compost, peat, humus, muck, and decomposed manure, separately or with other articles. This includes movement of articles listed above that may be associated with cutlwaste, ditch pulling, and shoulder cutting. 2. Plants.with roots including grass sod. 3. Plant crowns and roots. 4. Bulbs, corms, rhizomes, and tubers of ornamental plants. 5. Hay, straw, fodder, and plant litter of any kind. 6. Clearing and grubbing debris. 7. Used agricultural cultivating and harvesting equipment. 8. Used earth-moving equipment. 9. Any other products, articles, or means of conveyance, of any character, if determined by an inspector to present a hazard of spreading imported fire ant, gypsy moth, witchweed or other noxious weeds. STANDARD SPECIAL PROVLSION AWARD OF CONTRACT (s-zsa~~ z,~ "The North Carolina Department of Transportation, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252) and the Regulations of the Department- of Transportation (49 C.F.R., Part 21), issued pursuant to such act, hereby notifies all bidders that it will affirmatively insure that the contract entered into pursuant to this advertisement will be awarded to the lowest responsible bidder without discrimination on the ground of race, color, or national origin". STANDARD SPECIAL PROVISION A~TORITY AND FEMALE EMPLOYMENT REOUIItEMENTS za NOTICE OF REQUIREMENTS FOR .AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVENUMBER 1124 1. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, see as shown on the attached sheet entitled "Employment Goals for Minority and Female participation". These goals are applicable to all the Contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and nonfederally involved construction. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific afTirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its effort to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project or the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 2. As used in this Notice and in the contract resulting from this solicitation, the "covered area" is-the county or counties shown on the cover sheet of the proposal form and contract. EMPLOYMENT GOALS FOR MINORITY AND FEMALE PARTICIPATION Economic Areas Area 023 29..7% Area 026 33 S% Area 029 1 S. 7% Berne County Bladen County Alexander County Camden County Hoke County Anson County Chowan County Richmond County Burke County Gates County Robeson County Cabarrus County Hertford County Sampson County Caldwell County Pasquotank County Scotland County Catawba County Perquimans County Cleveland County Area 027 24.7% Iredell County Area 024 31.7% Chatham County Lincoln County Beaufort County Franklin County Polk County Carteret County Granville County Rowan County Craven County Harnett County Rutherford County. Dare County Johnston County Stanly County Edgecombe County Lee County Green County Person County Area 0480 8.5% Halifax County ~ Vance County Buncombe County Hyde County Warren County Madison County Jones County Lenoir County Area 028 IS.S% Area 030 6.3% Martin County Alleghany County , Avery County Nash County Ashe County Cherokee County Northampton County Caswell County Clay County Pamlico County Davie County Graham County Pitt County Montgomery County Haywood County Tyrrell County Moore County Henderson County Washington County Rockingham County Jackson County Wayne County Surry County McDowell County Wilson County Watauga County Macon County Willces County Mitchell County Area 025 23 S% Swain County Columbus County Transylvania County Duplin County Yancey County Onsiow County Pender County SMSA Areas Area 5720 2t£ 6% Currituck County Area 9200 20.7% Brunswick County New Hanover County Area 6640 22.8% Durham County ,~-Orange County Wake County Area 1300 16.2% Alamance County Area 3120 I6.4% Davidson County Forsyth County Guilford County Randolph County Stokes County Yadkin County Area 2560 24.2 Cumberland County Area 1520 18 3 Gaston County Mecklenburg County Union County Goals for Female Participation in Each Trade (Statewide) 6.9% STANDARD SPECIAL PROVISION REOUII2ED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS FHWA -1273 Electronic Version -March 10,1994 Zr8 L General IL Nondiscrimination III. Nonsegregated Facilities N. Payment of Predetermined Minimum Wage V. Statements and Payrolls Vi. Record ofMaterials, Supplies, and Labor VII. Subletting or Assigning the Contract VIII. Safety: Accident Prevention IX. False Statements Concerning Highway Project X Implementation of Clean Air Act and Federal blazer Pollution Control Ad XI. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion JtiI. Certification Regarding Use of Comract Funds for lobbying ATTACHIKENTS A Employment Preference for Appalachian Comracts (included in Appalachian contracts only) GENERAL. 1. These contras provisions shall apply to all work performed co the contract by the contractors own organisation and with the assistance of workers under the contractor's immediate superintendent and to all work performed on the contract by piecework, station work, or by subcontract. 2. Except as otherwise provided for in each section, the contractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further require their inclusion is a~ lower tier subcontract or purchase order that may in tum be made. The Required Contract Provisions shall not be incorporated by reference in arty case. The prime contractor shall be responsible for compliance by any subcontractor or lower tin subcontractor with these Required Contract Provisions. 3. A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient grounds for tern,inaa;on of the contract, 4. A breach of the following clauses of the Required Contrail Provisions may also be grounds for debarment as provided in 29 CFR 5.12: Section I, paragraph 2; Section N, paragraphs 1, 2, 3, 4, and 7; Section V, paragraphs 1 and 2a through 2g. 5. Disputes arising out of the labor standards provisions of Section N (except paragraph ~ and Section V of these Required Contrail Provisions shall not be subject to the general disputes clause of this coact Such disputes shall be resolved in aaordance with the procedures of the U.S. Department of Labor (DOL) as sd forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractors employees or then representatives. 6. Selection of Labor. During the peaformance oftbis contract, the contractor shall not a. dicrrim~nate against labor from any other State, possession, or territory ofthe United States (except for employment preference for Appalachian contracts, when applicab]e, as specified in Attachment A), or b. employ convict labor for any purpose within the Iimits of the project unless it is labor performed by convicts who are on parole, supervised release, or probation. iZ NONDISCRIMINATION (Applicable to all Federal-aid construction contracts and to all related subcontracts of $10,000 err more.) 1. Equal Empbyment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, Hiles, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR ri0) and orders of the Secretary of Labor as modiSed by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contrailors project activities under this contract The Equal Opportunity Construction Contrail Specifications set forth under 41 CFR 60.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 et sue.) set forth under 28 CFR 35 and 29 CFR 1630 aze incorporated by reference in this contract In the execution of this contrac; the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the State highway agency (SHA) and the Federal Govemmect. is carrying out EEO obligations and in their review ofhis/her activities render the contract b. The contractor will accept as his operating policy the following statement "It is the policy of this Company to assure that applicaois are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origins age or disability. Such action shall include: employment, upgrading, demotion, or transfer, recnritment or recruitnreffi advertising; layoff or terarination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, preapprenticeship, and/or on-the-job training." 2. EEO Officer. The contractor will designate and make known to the SHA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active cofactor program of EEO and who must be assigned adequate authority and responsibility to do so. Dissemination of Policy: All members of the contractor's staff who are to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognimnt o~ and will implement, the contractor's EEO policy and comractuai will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractors EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a Urorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged is direct recruitrneN for the project will be instructed by the EEO Officer in the contractors procedures for locating and hiring minority goup employees. d Notices and posters setting forth the contractors EEO policy will be placed in areas readily accessible to employees, applicars for employment and potential employees. e. The contractors EEO policy and the procedures to implement such policy will be brought to the attention of employees by means ofineetings, employee handbooks, or other appropriate means. Itecraitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circlilation among minority groups in the area from which the project work force would normally be derived a_ The contrailor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recxuitment through public and private employee referral sources likely to yield qualified minority group applicants. To med. this requirement, the contractor will identity sources of potential minority group employees, and establish with such identified sources procedures whereby minority goup applicants may be referred to the contractor for employment consideration. b. In the evert the contractor has a valid bargaining ageemerrt providing for exclusive hiring hall referrals, he is expelled to observe the provisions of that ageement to the extent that the system permits the contractors compliance with EEO contras provisions. (The DOL has held that where implementation of such ageemcets have the effect of discriminating against minorities or women, err obligates tbe contractor to do the same, such implementation violates Executive Order 11246, as amended.) c. The contrailor will encourage his present employees to refer minority goup applicants for employment Information and procedures with regard to referring minority goup applica~ will be discussed with employees Personnel Actioms: Wages, working conditions, and employe benefits shall be established and administered, and personnel actions of every type, imcluding hiring, upgading, promotion, transfer, demotion, layoff and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment ofprojed site personnel.. b. The contractor will periodically evaluate the spread of cages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to ddermine whether there is evidence of discrtmination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extemd beyond the actions reviewed, such corrective action shall include all affected persons d The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his obligations under this co~ract, will attempt to resolve such complaints, and will take appropriate corrective-action within a reasonable time. If the investigation indicates that the disrrim;nar;on may affect persons other than the complainant, such corrective action shall include such other persons Upon completion of each investigation, the contractor will inform every complainant of all of his avenues of appeal. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minority goup and women employees, and applicants for employment b. Consistent with the contractors work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., appreaticeslrip, and on-theyob training programs for the geographical area of contrail perfomrnarrce. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in thew first year of apprenticeship or training. Ixr the event a special provision for training is provided under this contrail, this subparagraph will be superseded as indicated in the special provision c. The contractor will advise employees and applicants for employment mf available training progams and entrance requirements for each. d The contractor will periodically review the training and promotion potential of minority goup and women employees and will encourage eligible employees to apply for such training and promotion. Unions: )f the contractor relies in whole or in part upon unions as a source of employees, the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority goups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractors association acting as agent will include the procedures set forth below: . a. The contractor will use best efforts to develop, in r~operation with the unions, joint training programs aimed toward qualifying more minority goup members and women for membership in the unions and inQeasing the skills of minority goup employees and women so that they may qualify for higher paying employment b. The contractor will use best efforts to incorporate an EEO clause into each union ageement to the ced that such umion will be contractually bound to refer applicams without regard to their race, celor, religion, sex, national origin, age or disability. a The contractmr is to obtain information as to the referal practices and policies of the labor union except that to the extemt such information is within the exclusive possession of the labor union and such labor union refuses to famish such information to the contractor, the contactor shall so certify to tbe SI3A and shall set forth what efforts have been made to obtain such information. d In the eveart the rnrion is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit sd forth in the collective harp in~nn ageement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age err disability, making full efforts to obtain qualified and/or qualifiable minority group Persons and women. (The DOL lies held that it shall be no excuse that the union with which the contractor lras.a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 1 ]246, as amended, and these special provisions, such comrador shall immediately notify the S13A. Selection of Subwntradors, Procurement of Materials sad Leasing of Equipment: The contractor shall not dim-~;mm"te on the grounds of race, color, religioq sex, national origin, age or disability in the selecuion and retemion of subcontractors, including procurement of materials and leases of equipment a. The contractor shall notify aU potential subcontractors and suppliers ofhis/her EEO obligations under this contract. b. Disadvantaged business enterprises (DBE), as defined in 49 CTTi 23, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract The co~sedor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningfiil minority group and female representation among their employees. Co~ractors shall obtain lists of DBE constnrction firms from SI3A personnel. a. The contractor will use his best efforts to ensure subcontractor compliance with their EEO obligations. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized represemtatrves of the SHA and the FHWA a. The records kept by the contractor shall document the following: I. The number of minority and non-minority group members and women employed in each work classification on the Proj~ 2. The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; 3. The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees; and ' 4. The progress and efforts being made in securing the services of DBE subcontractors or subco~actnrs with meaningfiil minority and female representation among their employees. b. The contractors will submit an annual report to the SHA each July for the duration of the project, indicating the number of minority, women, and non-minority group employees currently engaged in each work classi5cation required by the contract work This information is to be reported on Form FHWA-1391. If aa~he job training is being requued by special provision, ate contractor will be required to collect andreporttraining-data. III. NONSEGREGATED FACIII'TIES (Applicable to all Federal-aid constrrrction contracts and to all related subcontracts of $10,000 or mare.) a. By submission of this bid, the execution of this contract or subcontract; or the consummation. of this material supply agreemem or purchase ordea, as appropriate, the bidder, Federal-aid construction contractor, subcontractor, material supplier, or vendor, as appro- priate, certifies that the firm does not maintain or provide for its employees amy segregated facilities at any of its establishments, and that the firm does not permit its employees to perform their services at any location, under its control, where segregated facilities aze maintained The firm agrees that a breach of this certification is a violation of the EEO provisions of this coatrad. The firm fiuther certifies that no employee will be denied access to adequate facilities on the basis of sex err disabiliry_ b. As used in this certification, the term "segregated facilities". means arty waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timreclocks, locker rooms, and other storage or dressing areas, parl-ing lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit dirxtive, or are, in fact, segregated on the basis of race, color, religion, national origin, age or disability, because of habit, local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override (e.g. disabled Paz~• c. .The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $10,000 or more and that it will retain such certifications in its files. I'V. PAYMENT OF PREDETERMINED MINII1iUM WAGE (Applicable to all Federal-aid congh-uction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors, which are exempt) 1. General: a. Alt mechanics and laborers employed or working upon the site ofthe work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account [except such payroll deductions as are permitted by regulations (29 CFR 3) issued by the Seaefary of Laborunder the Copeland Ad (40 U.S.C. 276c)] the full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due attune of payment The paymertt shall be computed at wage rates not less than those contained in the wage determination of the Secretary of Labor (hereinafter "the wage detemninatlnn") which is attached hereto and made a part heretl; regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics. The wage determination (including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH 1321) or ' Font FHWA-1495) shall be posted at all tunes by the contractor and its subcontractors at ffie site of the work in a prominent and accessible place where it can be easily seen by the workers. For the purpose of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(bx2) of the Davis-Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section TV, paragraph 36, hereof Also, for the purpose of this Section, regular contributions made or costs rocmred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particulaz weekly period. are deemed to be censtructively made or incurred during such weekly period Such laborers and mechanics shall be paid the appropriate wage rate and fiinge benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in paragraphs 4 and 5 of taus Section IV. b. Laborers or mechanics perfomring work in more than one classification may be compensated at the rate specified for each classification for the time actrally worked therein, provided, that the employer's payroll records accurately sct forth the time sperm in each classification in which work is performed c. All rulings and interpretations of the Davis Bacon Act and related ads ~ntained in 29 CFR 1, 3, and 5 are herein incorporated by reference in this contract Classi5cation: a. The SHA contracting office shall require that any class of laborers or mtechanics employed ands the contract, which is not listed is the wage determination; shall be classified in conformance with the wage determination. b. The contracting officer shall approve an additional classificatioq wage rate and fringe benelrts only when the following criteria Have been met- 1. the work to be performed by the additional classification requested is not performed by a classification in the wage determinatioq 2. the additional classification is utilized in the area by the construction industry; 3. the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained is the wage determination; and 4. with respect to helpers, when salt a dassification prevails is the area in which the work is performed c. If the contractor or subcontractors, as appropriate, ibe laborers and mechanic (if known) w be employed in the additional classification or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriated a report oftbe action taken shall be sent by the co~racting offices to the DOL, Adurinistratar of the Wage and Hnur Divisioq Bmploymect Standards Ad~++;++;~fioq Washingtoq D.C. 20210. The Wage and Hour Adminishator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt sad so advise the contracting officer or will notify the cortracting officer within the 30~ay period that additional three is necessary. d In the event the contractor or subcontractors, as appropriate, the laborers or mechanics to be employed in the additional classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contratting office shall refs the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. Said Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting office or will notify the contracting office within the 30-day perod that additional time is necessary e. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 2c or 2d of this Suction N shall be paid to all workers performing work in the additional classification from the first day on which vwork is performed in the classification. Payment of Fringe Benefits: a. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor or subcontractors, as appropriate, shall either pay the benefit as stated in the wage determination or shall pay anotber bona 5de fringe benefit or an hourly case equivalent thereof b. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other thad persoq heJshe may consider as a part of the wages of any labors a mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan a program, provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis Bacon Ad have been met The Serretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations, ands the plan or program. Apprentices and 7Yamees (Programs of II.S. DOL) and Helpers: a. Apprentices: 1. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona 5de apprenflceship program registered with the DOL, Employment and Training Administratioq Bureau of Apprenticeship and Training, or with a State appranticeship agency recognized by the Bureau, or if a person is employed in blather first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprecticeship and Training or a State apprenticeship agency (where. appropriate) to be eligible for probationary employment as an apprernice. 2. The allowable ratio of apprentices to journeyman-level employees on the job site in any craft classification shall not be greats than the ratio permitted to the contractor as to the entire work force ands the registered program. Arry employee listed on a payroll at an apprentice wage rate, who is not registered er otherwise employed as stated above, shall be paid not less than the applicable wage rate listed in the wage drrP,+.~;rption for the classification of work actually performed In additioq a~ apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wa„'e determination for the work actually performed Where a contractor er subcontractor is performing construction on a projert is a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman-level hourly rate) specified in the contractoz's or subcontractots registered program shall be observed 3. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman-level hourly rnte specified is the applicable wage determ;~A++on. Apprentices shall be paid fringe benefits in acxordance with the provisions of the apprenticeship program. Tf the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classificatioq binges shall be paid in accordance with that determination. 4. In the event the Bureau ofApprenticeship and Traininga or a State apprenticeship agemry recogrti~ed by the Bureau, withdraws approval of an apprenticeship program, the contractor or subcontrasor will no 3onger be permitted to utilize apprentices at less than the applicable predetermined rate for the comparable work performed by regular employees until an acceptable program is approved b. Trainees: 1. Exceprt as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the pa-edetemrined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the DOL, Employment and Training Administration. 2. The ratio of trainees to journeyman-level employees on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. A~ employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work asually performed. In additioq airy trainee performing work on the job site in excess of the ratio pcmtitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. . 3. Every trainee must be paid at not less than the rate specified in the approved program for his/her level of progress, expressed as a percentage of the journeyman-level hourly rate specified is the applicable wage determination Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division ddermines that there is an apprenticeship program associated wilt the corresponding jor~„+~mrAn-level wage rate on the wage determination which provides for ]ens than full fringe benefits for apprentices, in which case such trainees shall receive the same fringe benefits as apprerttices. 4. In the event the Employment and Training Adminishaton withdraws approval of a training program, the contractor or subcontractor will no longer be permitted to utilize trainees at less than the applicable predsemtined rate for the work performed until an acceptable program is approved a Helpers: Helpers will be permitted to work on a project if the helper classification is specified and defined on the applicable wage determinatron or is approved pursuatd to the conformp.,~P procedure set forth in Section 1V.2. Any worker listed on a payroll at a helper wage rate, who is not a helper under a approved definition, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually perforated. 5. Apprent[ces and Trainees (Programs of the U.5. DOT): Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees ands such programs will be established by the particular programs. The ratio of apprentices and trainees to joumeymen shall not be greater than permitted by the terms of the particular program 6. Withholding: The SHA shall upon its own action or upon written request of an authorized represe~ative of the DOL withhold, or cause to be withheld, from the cosractor or subcontractor under this contractor any other Federal contras with the same prime contractor, or arty other Federally-assisted contract subjes to Davis Bacon prevailing wage requirements which is held by the same prime contrasor, as much of the accrued payments or advances as may be considered necessary to pay laborers and mcehanics, including apprentices, trainees, and helpers, entployed by the contractor or a>ry subcontrasor the fitll amount of wages required by the contras. In the event of failure to pay any laborer or mechanic, including airy apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contras, the SHA contrasing officer may, after written notice to the contractor, take such anion as may be necessary to cause the suspension of arty further payment, advance, or guarantee of funds until such violations have ceased. 7. Overtime Requirements:. No contractor or subcontractor wntrasing for nary part of the contras work which may require or involve the employment of laborers, mechanics, watchmen, or guards (including apprentices, trainces, and helpers described in paragraphs 4 and 5 above) shall require ar permit any laborer, mechanic, watchman, or guard in any vwrkweek in which he/she is employed on such work, to work in excess of 40 hours in such workweek unless such laborer, mechanic, watchman, or guazd receives compensation at a rate not less thanone-and-ono-half times his/her basic rate of pay for all hours worked is excess of 40 hours in such vwrkweek. 8. Violation Liability for Unpaid Wages; Liquidated Damages: 1n the event of any violation of the clause set forth in pazagraph 7 above, the . contractor and any subcontractor responsible thereof shall be liable to the affesed employee for his/her unpaid wages. In addition, such courctor and subcontractor shall be liable to the United States (in the case of work done under contras for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respes to east individual laborer, mechanic, watchman, or guard employed in violation of the clause set forth in paragraph 7, in the sum of E 10 for each calendaz day on which such employee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7. 9. Withholding for Unpaid Wages and Liquidated Damages: The SHA shall upon its own action or upon written request of nary authorized representative of the DOL withhold, or cause to be withheld, firm any monies payable on account of work performed by the couttrador or subcontrasor under any such contras or any other Federal contract with the same prime contractor, or a~ other Federally-assisted contras subject to the Contract Work Hours and Safety Standards As, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy a~ liabilities of such contrasor or subcontrasor for unpaid wages and liquidated damages as protdded in the clause set forth in paragraph 8 above. STATEMENTS AND PAYROLLS (Applicable to all Federal-aid construction centracts exceeding $2,000 and to all related sut~contrass, except for projects located on roadways classified as local roads or Waal collectors, which ace exempt.) Compliance with Copeland Regulations (29 CFR 3): The wrnractor shall cemply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by reference. Payrolls and PayroD Records: a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course ofthe work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working at the site of the work. b. The payroll records shall contain the name, social security number, and address of each such employee; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section ] (b)(2)(B) of fire Davis Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. In addition, for Appalachian contracts, the payroll records shall conain a notation indicating whether the employee does, or does not, normally reside in the labor area as defined in Attachment A, paragraph 1. Whenever the Serretruy of Labor, pursuant to Section IV, paragraph 3b, has found that the wages of any laborer or medcanic include the amount of a~ costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2xB) of the Davis Bacon Act, the contractor and each subcontractor stroll maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, that the plan or Pr'°gram has bees communicated in writing to the laborers or mechanics affected, and show the cost anticipated or the acmai cost incurred in providing benefits. Contractors or subcontractors employing apprentices or trainces under approved programs shall maintain written evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable programs. .. Each contractor and subcentractor shall famish, each week in which a~ contract work is performed, to the SIIA resident engineer a payroll of wages paid each of its employees (including apprentices, trainees, and helpers, described in Section IV, paragraphs 4 and 5, and watchmen and guazds engaged on work during the preceding weekly payroll period). The payroll submitted shall set out accurately and completely all of the information required to be maintained under paragaph 2b of this Section V. This information may be submitted is a~ form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number 029-005-0014-1), U.S. Government Printing OOSce, Washington, D.C. 20402. The prime contractor is responsible for the sutunission of copies of payrolls by all subcontractors. L Each payroll submitted shall be accompanied try a "Statement of Compliance," signed by the contractor or subcontractor or his/her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: 1. that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information is coned and complete; 2. that such laborer or mechanic (including each helper, apprentice, and trainee) employed on the contrail during the payroll period has been paid the full weekly wages earned, without rebate, either dvedly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR 3; 3. that each laborer or mechanic teas been paid not less that the applicable wage rate and fringe benefits or cash equivalent for the classification of worked performed, as specified in the applicable wage determination incorporated into the conhact The weekly sulxnissian of a properly executed certif cation sd forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of Ore "Statement of Compliance" required by paragraph 2d of this Section V. The falsification of any of the above certifications may subject Ore contractor to civil or criminal prosecution ands 18 U.S.C. 1001 and 31 U.S.C. 231. . The contractor or subcontractor shall make the records required under paragraph 2b of Otis Section V available for inspection, copying, or hanscription by authorized representatives of the SHA, the FHWA, or the DOL, and shall permit such representatives to interview enrplayees during working hours on the job. If the contractor or subcontmsor feels to submit the required records or to make them available, the SHA, the FIiWA, the DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension of arty further payment, advance, or guarantee of fiords. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. VL RECORD OF MATERIALS, SUPPLIES AND LABOR THIS SECTION DELETED JUNE 4, 2007. VII. SUBLETTING OR ASSIGNING THE CONTRACT The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greats percentage if specified elsewhere in Ore contras) of the total origcontras price, excluding any specialty items designated by-the State. Specialty items may be performed by snbcentmct and th ant of any such specialty items performed may be dedpcted from the total original central price before computing the amount of work required to be performed by the centractor's own organization (23 CFR 635). a. "Its own organisation" shall be construed to include only workers employed and paid directly by the prime cecrtractor and equipment awned or rented by the prime contractor, with or without operators. Such tam does not include employees or equivalent of a strbcontrasor, assignee, or agent of the prime cenhasor. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expesed to bid on the contras as a whole and in general aze to be limited to minor components of the overall contract The contract amount upon which the requirements set forth in paragraph 1 of Section VII is computed includes the cost of matn-ial and manufactured products which are to be purchased or produced by the contractor under the contract provisions. The contractor shall fiunish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance ofthe work in accordance with the contract requirements, and is in charge of atl construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the SHA contracting officer determines is necessary to assure the performance of the contract. No portion of the co~[ail shall be sublet, assigned or otherwise disposed of except with the writtat consent of the SHA contracting officer', or authorized representative, and such consent when given shall not be construed to relieve tbe contractor of any responsibility for the fullilhnerrt of the contract Writtce consent will be given only after the SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract VIIL SAFETY: ACCIDENT PREVENTION In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safely devices and protechive equipment and take a~ other needed. actions as it deter~~a, or as the SHA contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety ofthe public and to protect property in connection with the performance of the work covered by the coact. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor errters into pursuant to this contract, that the contractor and a~ subcontractor shalt not pemtit any employee, in performance of the wnttact, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standazds (29 CFR 1926) promulgated by the Saretary of Labor, in accordance with Section 107 of the Contrail Work Hours and Safety Standards Ad (40 U.S.C. 333). Pursuant to 29 CFR 19263, it is a condition of this contrail that the Secretary of Labor or authorized representative thereof shall have right of entry to any site of contract performance to inspect or investigate tbe matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Ail (40 U.S.C. 333). IR. FALSE STATEMENTS CONCERNINGffiGHWAY PROJECTS 1n order to assure high quality and durable construction is conformity with approved plans and specifications and a high degree of reliability on statemems and representations made by engineers, contractors, suppliers, and workers on Federal-aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsi5cation, distortion, or misrepresentation with respect to arty facts related to the project is a violation of Federal law. To preve~ any misunderstanding regarding the seriousness of these and similar acts, the following notice shall be posted on each Federal-aid highway project (23 CFR 635) in one or more places where it is readily available W all persons concemed_with the projecir NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-AID ffiGHWAY PROJECTS 18 U.S.C. 1020 reads as follows: "Arhoever, being an o,~cer, agent, or employee of the United States, or of arty State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes arty false statement, false representation, or false report as to the character, quality, quantitl, or cost of the material rued or to be user( or the quantity or quality of the work performed or to be performed or the cast thereof in connection with the submission ofplm~s, maps, specifications, conbacts, or costs of construction on arty highway or related project submitted for approval to the Secretary of TYansportation; or Whoever knowingly makes arty false statemen; false representation, false report or false claim with respell to the chmacter, quality, quanttty, or cart of airy work performed or to 6e performed or materials furnished or to be furnished br connection with the conr0•uction ofarry highway or related project approved by the Secretary of7Yansportation; w Whoever knowingly makes any false statement or false representation as to material fact in arty statement, certifcme, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 1, 1916, (39 Star: 355), as amended and supplemented; ShaA be fined not more that 510,000 or imprisoned not more than Syews or both" X. IMPLEMENTATION OF CLEAN A1R ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal-aid construction contracts and to all related subcontracts of $100,000 or more.) By submission of this bid or the execution of this conttac~ or subcontract, as appropriate, the bidder, Federa!-aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any facility that is or will be utilized in the performance of this wntrail, unless such contras is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 et s~_, as amended by Pub.L. 91.604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et ~., as amended by Pub.L. 92-500), Exeartive Order11738, and regulations is implementation thereof (40 CFR 15) is not listed, on the date of contract awazd, on the U.S. Em~ironmerrtal Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 1520. 2. That the fora agrees to comply and remain incompliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Coilrol Ad and all regulations and guidelines listed thereunder. That ~ firm shall PromPfiY notffY the SHA of the receipt of any wr~unication from the Director; Office of Federal Activities, EPA, indicating that a facility that is or will be utilized for the contract is under consideration to be Listed on the EPA List of Violating Facilities That the fum agrees to include or cause to be included the requirements of paragraph l through 4 of this Section X in every nonexempt subcontract, and furthea agrees to take such action as the governmem may direct as a means of enforcing such requirements. XZ. CERTfI~TCATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY ERCLUSION 1. Instructions for Certification -Primary Covered Transactions; (Applicable to all Federalaid contracts -49 CFR29) a. By signing and submitting this proposal, the P~P~ve I~~azY Participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction The prospective participant shall submit an explanation of why it cannot Qrovide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary Participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction a The certification in this' clause is a material representation of fact upon which reliance was placed when the department or agency determined to e~ into this transaction If it is later determined that the prospective primary participant knowingly rendered an erroneous certificating in addition to other- remedies available to the Federal Goverome.~ the deparnrterd or agency may terminate this transaction for cause of default d. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is subntted if say time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered trancactiog" "debased," "suspended," "ineligible," "lower. tier covered transactioq" "participant," "P~n, P~arY covered transacting" «p~~p~« "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance is obtaining a copy of those regulations. f. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered irrto, it shall not knowmgly arter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the deparhnent or agency entering into this transaction g. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debannent, Suspensioq Ineligibility and Volumary Exclusion-Lower Tier Covered Transaction," provided by the department or agency entering into this covered transacting without modificatioq in all lower tier covered transactions and in all solicitations for lower tin covered transactions. h A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier wvered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required tn, check the nonproarrement portion of Ure "Lists of Parties Excluded From Federal Procurement or Nonprocuremart Programs" (Nonprocuremart List) which is compiled by the General Services Administration i. Nothing contained in the foregoing shall be construed to require establishmerd of a system of records in order to render in good faith the certifcation required by this clause. The lurowledge and informafion of participant is not required to exceed that which is normally possessed by a piudart person in the ordinary worse of business dealings. j. Except for transactions authorized under paragraph f of these instructions, if a partcipam in a wvered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transacting in addition to other remedies availab]e to the Federal Government, the department or agency may temrinate this transaction for cause or default *~sss Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Ezclusion-Primary Covered Transactions I . The prospective primary participant certifies to the best of its knowledge and belief; that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declazed ineligible, or voluntarily excluded from wvered transactions by any Federal department or agency; b. Have not within a 3 year period preceding this proposal been convicted of or had a civil judgmerrt rendered against them for wnrmission of fraud or a hriminaL offense in wnnection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or watract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of rewrds, making false statements, or receiving stolen. PrnP~Y c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with wmmission of any ofihe offenses enumerated in paragraph !b of this certif eating and d. Have not within a 3 year period preceding this application/proposal had one ~ more public transactions (Federal, State or local) terminated for cause or default 2. Where the prospective primary participant is unable to certify to say of the statements in this certification, such prospective participant shall atladt an explanation to this proposal: *~~ss Inshvctions for Certifxation -Lower Tier Covered Transactions: (Applicable to all subcentracts, purchase orders and other lower tier transactions of $25,000 or more - 49 CFR 29) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certificadon in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies avaIIable to the Federal Govemment, the department, or agency with ~vhidr this transaction originated may pursue available remedies, including suspension and/or debarment c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the pmspectve lower tier participant Teams that its certification was erroneous by reason of changed circarmstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "Primary covered transaction," "participant," "person," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of Hiles implementing Executive Order 12549. You may contact the person to which this proposal is submitted fm assistance in obtaining a copy ofthose regulations. e The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be catered into, it shall not knowingly enter into a~+ lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation is this covered transaction, unless authori7td by the department or agency with which this transaction originated. f. The pmspectve lower tier participant further agrees by submitting this proposal that it will include this clause fitted "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. g A participant is a covered transaction may rely upon a certification of a prospective participant is a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered irancartion, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it detemrines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction ]movingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment •ss*~ Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions: 1. The prospective lower tier participant certifies, by submission of this pmposat, that neither it nor its principals is presently debarred, suspended, proposed for debarme~, declazed ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this ccrlification, such prospective participant shall attach an explanation to this proposal. ss**s. XIL CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to all Federal-aid constmctioa contracts and to all related subcontracts which exceed $100,000 - 49 CFR 20) The prospective participam certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief; that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to a~ person for influencing or attempting to influence an officer or employee of a~ Federal agency, a Member of Congress, an officer or employee of Congress, or agernployee of a Member of Congess is connection with the awarding of a~ Federal contract, the making of any Federal grate the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement b. L`any funds other than Federal appropriated funds have been paid or will be paid to any person far influencing or attempting to influence an officer or employee of arty Federal agency, a Member of Congress, an officer or employee of Congess, oc an employee of a Member of Congress in connection with this Federal comcact, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying" in accordance with its imtructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered urto. Submission of this certif'cation is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. A~ person who fails to file the required cation shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. STANDARD SPECIAL PROVLSION ON-THE-TOB TRAINING: ~iai6-0~ (~ ~-zi-o9> Rio Description The North Cazolina Department of Transportation will administer a custom version of the Federal On-the-Job Training (OJT) Program, commonly referred to as the Alternate OJT Program. All contractors (existing and newcomers) will be automatically placed in the Alternate Program. Standard OJT requirements typically associated with individual projects will no longer be applied at the project level. Instead, these requirements will be applicable ott an annual basis for each contractor administered by the OJT Program Manager. On the Job Training shall meet the requirements of 23 CFR 230.107 (b), 23 USC -Section 140, this provision and the On-the-Job Training Program Manual. The Alternate OJT Program will allow a contractor to train employees on Federal, State and privately funded projects located in North Carolina. However, priority shall be given to training employees on NCDOT Federal-Aid funded projects. Minorities and Women Developing, training and upgrading of minorities and women toward journeyman level status is a primary objective of this special training provision. Accordingly, the Contractor shall make every effort to enroll minority and women as trainees to the extent that such persons are available within a reasonable area of recruitment. This training commitment is not intended, and shall not be used, to discriminate against any applicant for training, whether a member of a minority group or not. Assigning Training Goals The Department, through the OJT Program Manager, will assign training goals for a calendar year based on the contractors' past three years' activity and the contractors' anticipated upcoming year's activity with the Department. At the beginning of each year, all contractors eligible will be contacted by the Department to determine the number of trainees that will be assigned for the upcoming calendar year. At that time the Contractor shall enter into an agreement with the Department to provide aself-imposed on-the job training program for the calendar year. This agreement will include a specific number of annual training goals agreed to by both parties. The number of training assignments may range from 1 to 15 per contractor per calendar yeaz. The Contractor shall sign an agreement to fulfill their annual goal for the year. A sample agreement is available at www.ncdot.org/business/ocs/ojtl. -1- Training CIassifications The Contractor shall provide on the-job training aimed at developing full journeyman level workers in the construction craft/operator positions. Preference shall be given to providing training in the following skilled work classifications: Equipment Operators Office Engineers Truck Drivers Estimators Carpenters Iron /Reinforcing Steel Workers Concrete Finishers Mechanics Pipe Layers Welders The Department has established common training classifications and their respective training requirements that may be used by the contractors. However, the classifications established are not all-inclusive. Where the training is oriented toward construction applications, training will be allowed in lower-level management positions such as office engineers and estimators. Contractors shall submit new classifications for specific job functions that their employees are performing. The Department will review and recommend for acceptance to FHWA the new classifications proposed by contractors, if applicable. New classifications shall meet the following requirements: Proposed training classifications are reasonable and realistic based on the job skill classification needs, and The number of training hours specified in the training classification is consistent with common practices and provides enough time for the trainee to obtain journeyman level status. The Contractor may allow trainees to be trained by a subcontractor provided that the Contractor retains primary responsibility for meeting the training and this provision is made applicable to the subcontract. However, only the Contractor will receive credit towazds the annual goal for the trainee. Where feasible, 25 percent of apprentices or trainees in each occupation, shall be in their first year of apprenticeship or training. The number of trainees shall be distributed among the work classifications on the basis of the contractor's needs and the availability of journeymen in the various classifications within a reasonable area of recruitment. No employee shall be employed as a trainee in any classification in which they have successfully completed a training course leading to journeyman level status or in which they have been employed as a journeyman. -2- Records and Reports The Contractor shall maintain enrollment, monthly and completion reports documenting company compliance under these contract documents. These documents and any other information as requested shall be submitted to the OJT Program Manager. Upon completion and graduation of the program, the Contractor shall provide each trainee with a certification Certificate showing the type and length of training satisfactorily completed. Trainee Interviews All trainees enrolled in the program will receive an initial and Trainee/Post graduate interview conducted by the OJT program staff. Trainee Wages Contractors shall compensate trainees on a graduating pay scale based upon a percentage of the prevailing minimum journeyman wages (Davis-Bacon Act). Minimum pay shall be as follows: 60 percent of the journeyman wage for the first half of the training period 75 percent of the journeyman wage for the third quarter of the training period 90 percent of the journeyman wage for the last quarter of the training period In no instance shall a trainee be paid less than the local minimum wage. The Contractor shall adhere to the minimum hourly wage rate that will satisfy both the NC Department of Labor (NCDOL) and the Department. Achieving or Failing to Meet Training Goals The Contractor will be credited for each trainee employed by him on the contract work who is currently enrolled or becomes enrolled in an approved program and who receives training for at least 50 percent of the specific program requirement. Trainees will be allowed to be transferred between projects if required by the Contractor's scheduled workload to meet training goals. If a contractor fails to attain their training assignments for the calendar year, they may be taken off the NCDOT's Bidders List. Measurement and Payment No compensation will be made for providing required training in accordance with these contract documents. -3- STANDARD SPECIAL PROVISON GENERAL DECISION NC2010001103/12/2010 NCll ~~Z Date: Mazch 12, 2010 General Decision Number NC2010001103/12/2010 Superseded General Decision No. NC20080011 State: North Carolina Construction Type: HIGHWAY COiJNTIES: Alamance ~ Durham Oran e Alexander Forsyth ___ __ ~ Randol h _______ i Buncombe _ Franklin Rowan Burke Gaston !, Stokes _ Cabarrus __ _--~~ Guilford ^ _ ITnion __ ~ Catawba _ __ ~ _ Lincoln ~ ~ ___ Wake ~ j ~mberland Mecklenbur_ Yadkin j Davidson j New Hanover _ ~ _ f Davie __ _ _ _~ Onslow _ __~__ _ ~ HIGHWAY CONSTRUCTION PROJECTS (does not include tunnels, building structures in rest area projects, railroad construction, and, bascule, suspension and spandrel arch bridges, bridges designed for commercial navigation, and bridges involving marine construction, and other major bridges). Modification Number Publication Date 0 ~ 03/12/2010 SiJNC1990-014 02/12/1990 Rates Frin es CARPENTER 7.63 _ CONCRETE FINISHER 7.52 ELECTRICIAN 10.26 IRONWORKERS (reinforcin) 9.76 LABORER General 7.25 As halt La Down Person 7.25 As halt Raker 7.25 Form Setter (road) 8.57 Mason (brick, block, stone) 7.44 Pi e La er 7.25 Power Tool 0 erator 8.28 POWER E UIP Q MENT OPERATORS As halt Distributor 7 25 As halt Paver B lld 7 47 u ozer 7.33 Bulldozer utility 7 25 Concrete Curb Machine ~ 25 Concrete Finishin Machine 7.85 Concrete Paver 7 25 Crane, Backhoe, Shovel &Dra line (over 1 d) 8.16 Crane, Backhoe, Shovel &Dra line(1 d and under) 7.25 DrillO rator Grade Checker 7.34 7 25 Gradeall 8 38 Grease Person 7 25 Loader 7 25 Mechanic 8.47 Motor Grader (Fine Grade) g ~q, Motor Grader(Rou h Grade) 7 68 Oiler 7.25 Roller (Finisher) 7 25 Roller (Rough) 7 25 5cra er 7 25 Screed As halt 7 25 Stone S reader 7.25 S in Machine O erator .7.25 Sub ade Machine 7 25 Swee er 7 25 Tractor (Utility) 7 25 TRUCK DRIVERS Trucks -Sin le Rear Axle 7 25 Trucks -Multi Rear Axle 7.25 Trucks -Heavy Dut~_ 9.47 WELDERS -Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a)(1)(ii)). In the listing above, the "SU" designation means that rates listed under that identifier do rtot reflect collectively bargained wage and fringe benefit rates. Other designations- indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROLES S l.) Has there been an initial decision in the matter? This can be: . * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the azea in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U. S. Department of Labor 200 Constitution Avenue, N.W. Washington, D.C. 20210 2.) If the answer to the question in l.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (see 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, D.C. 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, azea practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Boazd (formerly the Wage Appeals Boazd). Write to: Administrative Review Board U. S. Department of Labor 200 Constitution Avenue, N.W. Washington, D.C. 20210 4.) All decisions by the Administrative Review Board are final. END OF GIIVERAL DECLSION "x~d2ioo~a~I xanio~ ~.N r s$ i~ ss