reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter D - HIGHWAY OPERATIONS › Section .0600 - OVERSIZE-OVERWEIGHT PERMITS › Section 02D .0644 - OVERSIZE/OVERWEIGHT LOAD ESCORT VEHICLE OPERATOR CERTIFICATION PROGRAM

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Prior to obtaining certification as an
				  oversize/overweight load escort vehicle operator, a person shall complete a
				  program that provides instruction on escort skills and shall pass an
				  examination. The escort vehicle operator certification program shall provide
				  for reciprocity with other states having similar escort certification
				  programs.
(b) Any person seeking to
				  be certified as an oversize/overweight load escort vehicle operator in North
				  Carolina shall submit an application to the Department and attach a State
				  certified copy of their driving record. The application shall contain the
				  applicant's name and contact information; driver's license number and state;
				  physical and demographic identification information; school name, location, and
				  date of class; and Social Security number if the applicant is applying with an
				  out-of-state driver's license. Any person seeking to be certified as an
				  oversize/overweight load escort vehicle operator shall be qualified as follows:
(1) an escort certified by another state's
				  approved program;
(2) a North
				  Carolina law enforcement officer; or
(3) a person who:
(A) is at least 21 years of age or 18 years
				  of age with a Class A commercial driver's license;
(B) possesses a valid driver's license
				  without restrictions other than for the use of corrective lenses and shall not
				  have received a citation in the previous 12 months for operating a vehicle in a
				  reckless manner or driving while impaired;
(C) possesses and provides with their
				  application documentation of their completion of a defensive driving course
				  that has been approved by the National Safety Council; and
(D) has received a certification examination
				  score of at least 75 percent after completing all eight classroom-hours of the
				  North Carolina Department of Transportation Oversize/Overweight Load Escort
				  Vehicle Operator Certification Program. The program is offered by the North
				  Carolina Community College System.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter D - HIGHWAY OPERATIONS › Section .0700 - HIGHWAY DESIGN BRANCH › Section 02D .0701 - REPEALED - APPLICATIONS FOR INTERMITTENT ROAD CLOSING

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 136-64.1(a);
Eff. July 1, 1978;
Repealed Eff. October 1,
					 1993.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter D - HIGHWAY OPERATIONS › Section .0700 - HIGHWAY DESIGN BRANCH › Section 02D .0702 - HIGHWAY SYSTEM LIMITATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The rules in this Section apply only to secondary roads on
					 the state highway system.
Authority
					 G.S.
					 136-64.1(a);
Eff. July 1, 1978;
Amended Eff. October 1, 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 6,
					 2016.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter D - HIGHWAY OPERATIONS › Section .0700 - HIGHWAY DESIGN BRANCH › Section 02D .0703 - REPEALED - REVIEW AND APPROVAL AUTHORITY

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 136-64.1(d);
Eff. July 1, 1978;
Repealed Eff. October 1,
					 1993.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter D - HIGHWAY OPERATIONS › Section .0700 - HIGHWAY DESIGN BRANCH › Section 02D .0704 - APPLICATION PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
Application for intermittent road closing shall be
					 submitted to the Chief Engineer in the form of a resolution from the requesting
					 agency and must include the following information plus any additional
					 supportive data the agency deems pertinent to the request:
(1) county where the road(s) is(are)
				  located;
(2) secondary road(s) to
				  be affected by flooding (number and local name);
(3) a plan and profile sheet of the affected
				  secondary road(s) indicating the 5, 10, 25, 50 year and maximum flood stage
				  elevations. The duration of flooding shall also be indicated showing the total
				  time the roadway surface will be inundated for each storm frequency;
(4) a statement that the applicant will
				  reimburse the North Carolina Department of Transportation for all damages by
				  reason of the flooding of the highway right of way;
(5) a statement that the applicant shall be
				  responsible for all damages, by reason of the flooding, to any public utilities
				  upon the highway right of way; and
(6) a request that a permit be granted to the
				  applicant agency to allow the intermittent closing of the road.
Authority
					 G.S.
					 136-64.1(a);
					 136-64.1(b);
Eff. July 1, 1978;
Amended Eff. December 1, 2012; October 1,
					 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 6,
					 2016.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter D - HIGHWAY OPERATIONS › Section .0700 - HIGHWAY DESIGN BRANCH › Section 02D .0705 - REVIEW PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Upon receipt of
				  a completed application, the Chief Engineer shall acknowledge the receipt and
				  initiate a preliminary investigation and review.
(b) In reviewing the application, the
				  following factors shall be taken into consideration as a basis for approval or
				  disapproval:
(1) traffic count;
(2) availability of an acceptable
				  detour;
(3) length of an acceptable
				  detour;
(4) type road surface
				  (paved or unpaved);
(5) school bus
				  route - number of buses;
(6)
				  anticipated frequency of flooding;
(7) anticipated duration of
				  flooding;
(8) cost estimates to
				  raise the roadway above flood stage;
(9) probability of future significant changes
				  in traffic characteristics;
(10)
				  comments from affected utilities; and
(11) comments from general public.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter D - HIGHWAY OPERATIONS › Section .0700 - HIGHWAY DESIGN BRANCH › Section 02D .0706 - REPEALED - PUBLIC NOTICE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 136-64.1(c);
Eff. July 1, 1978;
Repealed Eff. October 1,
					 1993.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter D - HIGHWAY OPERATIONS › Section .0700 - HIGHWAY DESIGN BRANCH › Section 02D .0707 - PERMIT FORM

Current through Register Vol. 39, No. 2, July 15, 2024
The permit, if issued, shall be sent in the form of a
					 letter to the applicant from the Chief Engineer.
Authority
					 G.S.
					 136-64.1(d);
Eff. July 1, 1978;
Amended Eff. December 1, 2012;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 6,
					 2016.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter D - HIGHWAY OPERATIONS › Section .0700 - HIGHWAY DESIGN BRANCH › Section 02D .0708 - WARNING SIGNS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Upon approval
				  of an application and the issuance of a permit for flooding, the Department of
				  Transportation will erect the warning signs required by
				  G.S.
				  136-64.1(d) on the secondary
				  road(s) to advise the general public of the intermittent closing of the road(s)
				  involved unless the applicant has notified the Department that it will erect
				  the signs.
(b) The applicant must
				  reimburse the department for all costs associated with the fabrication,
				  erection and maintenance of the warning signs.
Authority
					 G.S.
					 136-64.1(d);
Eff. July 1, 1978;
Amended Eff. October 1, 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 6,
					 2016.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter D - HIGHWAY OPERATIONS › Section .0700 - HIGHWAY DESIGN BRANCH › Section 02D .0709 - APPEAL PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
In the event an application is denied by the Chief
					 Engineer, the applicant shall have the right to appeal the decision to the full
					 Board of Transportation pursuant to the procedures below:
Within 30 days after receiving notice from the
					 administrator that the application has been denied, the applicant must submit
					 to the Secretary of Transportation, by registered mail, a written appeal
					 setting forth with particularity the facts upon which the appeal is based.
					 After receiving this appeal, the secretary will notify the applicant of the
					 date when the full Board of Transportation shall consider a review of the
					 application.
Authority
					 G.S.
					 136-64.1(d);
Eff. July 1, 1978;
Amended Eff. December 1, 2012; October 1,
					 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 6,
					 2016.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter D - HIGHWAY OPERATIONS › Section .0800 - PREQUALIFICATION: ADVERTISING AND BIDDING REGULATIONS › Section 02D .0801 - PREQUALIFYING TO BID: REQUALIFICATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In
				  order to ensure that contracts let pursuant to
				  G.S.
				  136-28.1(a) are awarded to
				  responsible bidders, prospective bidders and contractors shall comply with the
				  rules set forth in this Section except as otherwise provided by law. For
				  highway construction, maintenance and repair contracts other than those
				  specified in
				  G.S.
				  136-28.1(a), specific
				  project prequalification requirements to satisfy Paragraph (c) of this Rule
				  shall be specified in the bid documents for specific project
				  contracts.
(b) In order to be
				  eligible to contract with the Department pursuant to
				  G.S.
				  136-28.1(a), all prospective
				  bidders and subcontractors shall be prequalified with the Department to ensure
				  that they are responsible bidders and reputable contractors capable of
				  effectively and efficiently performing the work awarded to them.
(c) The requirements of prequalification are
				  as follows:
(1) Applicants shall demonstrate
				  the necessary experience, knowledge, and expertise to safely perform and timely
				  complete highway construction projects in which they bid or
				  subcontract;
(2) Applicants shall
				  demonstrate that they have sufficient financial resources, including available
				  equipment and qualified personnel, to adequately perform and timely complete
				  highway construction projects in which they bid or subcontract;
(3) Applicants shall demonstrate that they
				  have the necessary knowledge and expertise to comply with all state and federal
				  environmental laws relating to highway construction, maintenance and repair
				  contracts; and
(4) Applicants shall
				  certify they are independent and not affiliated with other bidders of the same
				  project.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter D - HIGHWAY OPERATIONS › Section .0800 - PREQUALIFICATION: ADVERTISING AND BIDDING REGULATIONS › Section 02D .0802 - REPEALED - INVITATION TO BID

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 136-18(1);
					 136-28.1;
					 143B-350(g);
Eff. April 3, 1981;
Amended Eff. December 1, 1993;
Repealed Eff. February 1, 2008.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter D - HIGHWAY OPERATIONS › Section .0800 - PREQUALIFICATION: ADVERTISING AND BIDDING REGULATIONS › Section 02D .0803 - ADVERTISEMENT AND INVITATIONS FOR BIDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All projects
				  shall be advertised by the Department of Transportation in newspapers having
				  general circulation in the State of North Carolina four weeks prior to the bid
				  opening as set forth in
				  G.S.
				  143-129(b).
(b) On the date of advertisement, an
				  invitation to bid shall be made available on the Department's website at
				  connect.ncdot.gov/letting.
(c) The
				  invitation to bid shall state the contract identification number and
				  description of the projects to be let to contract, a general summary of the
				  items and approximate quantities of work to be performed, and the time and
				  place for the public opening and reading of the bids received. Information
				  concerning the cost and the availability of bid documents shall also be
				  provided in the invitation to bid.
(d) As a prerequisite for submitting a bid,
				  prospective bidders shall sign up for the Interested Parties List for each
				  project they intend to submit a bid on by providing their firm name, a contact
				  name, and contact information via the Department's website at
				  connect.ncdot.gov/letting. Only prospective bidders that have prequalified
				  status pursuant to Rule .0801 of this Section and who sign up for the
				  Interested Parties List will be eligible to bid.
Authority
					 G.S.
					 136-28.1;
					 143-129;
Eff. April
					 3, 1981;
Amended Eff. February 1, 2008; December 1, 1993; November
					 1, 1991;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 6, 2016;
Amended Eff.
					 September 1, 2022.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter D - HIGHWAY OPERATIONS › Section .0800 - PREQUALIFICATION: ADVERTISING AND BIDDING REGULATIONS › Section 02D .0804 - REPEALED - CONTENTS OF PROPOSAL FORMS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 136-18(1);
					 136-28.1;
Eff. April
					 3, 1981;
Repealed Eff. February 1,
					 2008.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter D - HIGHWAY OPERATIONS › Section .0800 - PREQUALIFICATION: ADVERTISING AND BIDDING REGULATIONS › Section 02D .0805 - COMBINATION BIDS

Current through Register Vol. 39, No. 2, July 15, 2024
The Department may issue proposals for projects in
					 combination or separately, so that bids may be submitted either on the
					 combination or on separate units of the combination. The Department shall make
					 awards on combination bids or separate bids to the best advantage of the
					 Department. No combination bids, other than those specified by the Department
					 in the proposals, shall be considered.
Authority
					 G.S.
					 136-18(1);
					 136-28.1;
Eff. April
					 3, 1981;
Amended Eff. February 1, 2008;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 6,
					 2016.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter D - HIGHWAY OPERATIONS › Section .0800 - PREQUALIFICATION: ADVERTISING AND BIDDING REGULATIONS › Section 02D .0806 - INTERPRETATION OF QUANTITIES IN PROPOSAL FORM

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The quantities appearing in the proposal are approximate only and shall be used
				  for the comparison of bids. Payment to the contractor shall be made only for
				  the actual quantities of the various items that are completed and accepted in
				  accordance with the terms of the contract.
(b) When quantities are shown for items to be
				  bid on a lump sum basis, these quantities are furnished for the convenience of
				  bidders, and the Department shall not be responsible for, nor guarantee as
				  correct, any quantity given.
Authority
					 G.S.
					 136-18(1);
					 136-28.1;
Eff. April
					 3, 1981;
Amended Eff. February 1, 2008;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 6,
					 2016.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter D - HIGHWAY OPERATIONS › Section .0800 - PREQUALIFICATION: ADVERTISING AND BIDDING REGULATIONS › Section 02D .0807 - EXAMINATION OF PLANS: SPECS: CONTRACT: AND SITE OF WORK

Current through Register Vol. 39, No. 2, July 15, 2024
A bidder shall examine the site of the work contemplated,
					 the plans and specifications, and the proposal therefor. A bidder or contractor
					 shall make such independent investigation and examination as he deems necessary
					 to satisfy himself as to conditions to be encountered in the performance of the
					 work and with respect to possible local material sources, the quality and
					 quantity of material available from such property, and the type and extent of
					 processing that may be required in order to produce material conforming to the
					 requirements of the contract. Upon submission of the bid, the Department shall
					 deem that the bidder has completed the requirements set out in the bid
					 documents as to the conditions to be encountered, the character, quality, and
					 scope of work to be performed, the quantities of materials to be furnished and
					 as to the conditions and requirements of the proposal and plans under which his
					 bid is offered.
Authority
					 G.S.
					 136-18(1);
					 136-28.1;
Eff. April
					 3, 1981;
Temporary Amendment Eff. March 15, 1982, for a period of
					 47 days to expire on May 1, 1982;
Amended Eff. February 1, 2008;
					 October 1, 1993; March 1, 1984; May 1, 1982;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 6,
					 2016.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter D - HIGHWAY OPERATIONS › Section .0800 - PREQUALIFICATION: ADVERTISING AND BIDDING REGULATIONS › Section 02D .0808 - .0809

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 136-18(1);
					 136-28.1;
					 143-129;
Eff. April
					 3, 1981;
Amended Eff. October 1, 1993; November 1, 1991, July 1,
					 1982;
Repealed Eff. February 1,
					 2008.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter D - HIGHWAY OPERATIONS › Section .0800 - PREQUALIFICATION: ADVERTISING AND BIDDING REGULATIONS › Section 02D .0810 - DELIVERY OF BIDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All bidders
				  shall submit bids in accordance with the bid documents to the
				  Department.
(b) Any bid not
				  delivered within the time or manner specified in the bid documents shall not be
				  accepted and shall be returned to the bidder unopened or, in the case of
				  electronic bids, not read publicly.
Authority
					 G.S.
					 136-18(1);
					 136-28.1;
Eff. April
					 3, 1981;
Temporary Amendment Eff. March 15, 1982, for a period of
					 47 days to expire on May 1, 1982;
Amended Eff. February 1, 2008;
					 November 1, 1991; July 1, 1982; May 1, 1982;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 6,
					 2016.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter D - HIGHWAY OPERATIONS › Section .0800 - PREQUALIFICATION: ADVERTISING AND BIDDING REGULATIONS › Section 02D .0811 - REPEALED - WITHDRAWAL OR REVISION OF BIDS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 136-18(1);
					 136-28.1;
					 143-29.1;
Eff. April
					 3, 1981;
Amended Eff. October 1, 1993; November 1,
					 1991;
Repealed Eff. February 1,
					 2008.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter D - HIGHWAY OPERATIONS › Section .0800 - PREQUALIFICATION: ADVERTISING AND BIDDING REGULATIONS › Section 02D .0812 - RECEIPT AND OPENING OF BIDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Department shall open and read bids publicly at the time and place indicated in
				  the invitation to bid. Bidders, their authorized agents, and other interested
				  parties may be present.
(b) Bid
				  evaluation, including bid rejection, waiver of irregularities, or award shall
				  be conducted in accordance with the terms of the bid documents.
(c) Bid revisions by the Department or bid
				  withdrawal by the bidder shall be made in accordance with the terms of the bid
				  documents.
Authority
					 G.S.
					 136-18(1);
					 136-28.1;
Eff. April
					 3, 1981;
Amended Eff. February 1, 2008; July 1, 1982;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 6,
					 2016.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter D - HIGHWAY OPERATIONS › Section .0800 - PREQUALIFICATION: ADVERTISING AND BIDDING REGULATIONS › Section 02D .0813 - .0814

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 136-18(1);
					 143B-350(f);
Eff. May 1, 1984;
Amended Eff.; October 1, 1993; November 1,
					 1991;
Repealed Eff. February 1,
					 2008.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter D - HIGHWAY OPERATIONS › Section .0800 - PREQUALIFICATION: ADVERTISING AND BIDDING REGULATIONS › Section 02D .0815 - .0817

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 136-18(1);
					 136-28.1;
					 143B-350(f);
Eff. April 3, 1981;
Recodified from
					 19A NCAC
					 02D .0813 (Rule .0815);
Recodified from
					 19A NCAC
					 02D .0814 (Rule .0816);
Recodified from
					 19A NCAC
					 02D .0815 (Rule .0817);
Amended
					 Eff. April 1, 1999; December 1, 1994; October 1, 1993; November 1, 1991; May 1,
					 1984; March 1, 1984;
Repealed Eff. February 1,
					 2008.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter D - HIGHWAY OPERATIONS › Section .0800 - PREQUALIFICATION: ADVERTISING AND BIDDING REGULATIONS › Section 02D .0818 - NON-COLLUSION CERTIFICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Every bidder shall furnish to the Department an unsworn certification made
				  under penalty of perjury under the laws of the United States, a non-collusion
				  certification at the time of bid, certifying that the bidder has not entered
				  into any agreement, participated in any collusion, or otherwise taken any
				  action in restraint of free competitive bidding in connection with his or her
				  bid on the project.
(b) A Non
				  Collusion Certification form means a form provided on the Department's website,
www.ncdot.gov
, for execution by the bidding
				  prequalified contractor certifying that:
(1)
				  neither the individual, nor any official, agent, or employee has entered into
				  any agreement, participated in any collusion, or otherwise taken any action
				  that is in restraint of free competitive bidding in connection with any bid or
				  contract;
(2) the bidder has not
				  been convicted of violating
				  G.S.
				  133-24 within the last three years;
				  and
(3) the bidder intends to do
				  the work with its own employees or subcontractors and the bid is not for the
				  benefit of another contractor.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter D - HIGHWAY OPERATIONS › Section .0800 - PREQUALIFICATION: ADVERTISING AND BIDDING REGULATIONS › Section 02D .0819 - REPEALED - AWARD OF CONTRACT

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 136-18(1);
					 136-28.1;
Eff. April
					 3, 1981;
Recodified from
					 19A NCAC
					 02D .0817;
Amended Eff. October
					 1, 1993; November 1, 1991;
Repealed Eff. February 1,
					 2008.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter D - HIGHWAY OPERATIONS › Section .0800 - PREQUALIFICATION: ADVERTISING AND BIDDING REGULATIONS › Section 02D .0820 - CANCELLATION OF AWARD

Current through Register Vol. 39, No. 2, July 15, 2024
The Board of Transportation may rescind the award of any
					 contract at any time before the receipt of the properly executed contract bonds
					 from the successful bidder.
Authority
					 G.S.
					 136-18(1);
					 136-28.1;
					 143B-350(f);
Eff. April 3, 1981;
Recodified from
					 19A NCAC
					 02D .0818;
Amended Eff. October
					 1, 1993; November 1, 1991;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 6,
					 2016.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter D - HIGHWAY OPERATIONS › Section .0800 - PREQUALIFICATION: ADVERTISING AND BIDDING REGULATIONS › Section 02D .0821 - .0824

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 44A-33;
					 136-18(1);
					 136-28.1;
Eff. April
					 3, 1981;
Recodified from
					 19A NCAC
					 02D .0819 (Rule .0821);
Recodified from
					 19A NCAC
					 02D .0820 (Rule .0822);
Recodified from
					 19A NCAC
					 02D .0821 (Rule .0823);
Recodified from
					 19A NCAC
					 02D .0822 (Rule .0824);
Amended
					 Eff. December 1, 1993; December 1, 1992; November 1, 1991;
Repealed
					 Eff. February 1, 2008.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter D - HIGHWAY OPERATIONS › Section .0800 - PREQUALIFICATION: ADVERTISING AND BIDDING REGULATIONS › Section 02D .0825 - CONFIDENTIALITY OF COST ESTIMATES

Current through Register Vol. 39, No. 2, July 15, 2024
All cost estimates prepared by the Department for the
					 purpose of comparing bids shall be confidential and not disclosed until after
					 the opening of bids.
Authority
					 G.S.
					 133-33;
Eff. September 1,
					 1981;
Amended Eff. May 1, 1983;
Recodified from
					 19A NCAC
					 02D .0823;
Amended Eff. February
					 1, 2008; February 1, 1995; October 1, 1993; October 1, 1991;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 6,
					 2016.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter D - HIGHWAY OPERATIONS › Section .0800 - PREQUALIFICATION: ADVERTISING AND BIDDING REGULATIONS › Section 02D .0826 - REPEALED - AWARD LIMITS ON MULTIPLE PROJECTS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 136-18(1);
Eff.
					 July 1, 1983;
Recodified from
					 19A NCAC
					 02D .0824;
Repealed Eff. November
					 1, 1991.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter D - HIGHWAY OPERATIONS › Section .0800 - PREQUALIFICATION: ADVERTISING AND BIDDING REGULATIONS › Section 02D .0827 - SUBSURFACE INFORMATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If a subsurface
				  investigation report is available on a project, a copy may be obtained from the
				  Department by the prospective bidders upon request.
(b) The subsurface investigation is made for
				  the purpose of study, planning, and design, and not for construction or pay
				  purposes. The various field boring logs, rock cores, and soil test data
				  available may be reviewed or inspected in Raleigh at the office of the
				  Geotechnical Unit. Neither the subsurface investigation report nor the field
				  boring logs, rock cores, or soil test data shall be part of the
				  contract.
(c) General soil and rock
				  strata description and indicated boundaries are based on geotechnical
				  interpretation of all available subsurface data and may not necessarily reflect
				  the actual subsurface conditions between borings or between sample strata
				  within the borehole. The laboratory sample and the in situ (in-place) test data
				  can be relied on only to the degree of reliability inherent in the test. The
				  observed water levels or soil moisture conditions indicated in the subsurface
				  investigation are as recorded at the time of the investigation. These water
				  levels or soil moisture conditions may vary considerably with time according to
				  climatic conditions including temperature, precipitation and wind, as well as
				  other nonclimatic factors.
(d)
				  Details shown on the subsurface investigation reports are preliminary only; the
				  final design details may be different. For bidding and construction purposes,
				  the contract contains the documents for final design information on this
				  project. The Department shall not warrant or guarantee the sufficiency or
				  accuracy of the investigation made, nor the interpretations made or opinions of
				  the Department as to the type of materials and conditions that may be
				  encountered. The bidder or subcontractor shall make such independent subsurface
				  investigations as he deems necessary to satisfy himself as to conditions to be
				  encountered on this project. The contractor shall have no claim for additional
				  compensation or for an extension of time for any reason resulting from the
				  actual conditions encountered at the site differing from those indicated in the
				  subsurface information.
Authority
					 G.S.
					 136-18(1);
					 143B-350(f)(3);
Eff. March 1, 1984;
Amended Eff. April 1, 1984;
Recodified from
					 19A NCAC
					 02D .0825;
Amended Eff. February
					 1, 2008; October 1, 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 6,
					 2016.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter D - HIGHWAY OPERATIONS › Section .0800 - PREQUALIFICATION: ADVERTISING AND BIDDING REGULATIONS › Section 02D .0828 - REPEALED - COMPUTER BID PREPARATION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 136-18(1);
					 136-28.1;
Eff.
					 November 1, 1991;
Amended Eff. October 1, 1993;
Repealed Eff. February 1, 2008.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter D - HIGHWAY OPERATIONS › Section .0800 - PREQUALIFICATION: ADVERTISING AND BIDDING REGULATIONS › Section 02D .0829 - REPEALED - CONTRACT OFFICER

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 136-18(1);
					 136-28.1;
Eff.
					 November 1, 1991;
Repealed Eff. October 1,
					 1993.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter D - HIGHWAY OPERATIONS › Section .0800 - PREQUALIFICATION: ADVERTISING AND BIDDING REGULATIONS › Section 02D .0830 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
This Section establishes the Department's rules for letting
					 of contracts pursuant to
					 G.S.
					 136-28.1(a). For purposes of
					 this Section, the following definitions shall apply:
(1) "Bid" means the offer of a bidder on the
				  proposal furnished by the Department to perform work and furnish labor and
				  materials at the prices quoted.
(2)
				  "Bidder" means an individual, partnership, firm, corporation, or joint venture
				  formally submitting a bid for the work contemplated.
(3) "Bid documents" means the package of
				  materials, in paper or electronic form, containing all project specific
				  contract information including the plans and proposals furnished by the
				  Department.
(4) "Contract" means
				  the executed agreement between the Department of Transportation and the
				  successful bidder, covering the performance of the work and the compensation
				  for work.
(5) "Department" means
				  the North Carolina Department of Transportation.
(6) "Debarment certification form" means a
				  certification form provided by the Department for execution by the prospective
				  bidder or subcontractor certifying that he is not, nor has been, debarred,
				  suspended, proposed for debarment, declared ineligible, or voluntarily excluded
				  from certain transactions and has not been charged, indicted or convicted of
				  debarment related activities and shall otherwise assume debarment certification
				  responsibilities as part of any contract with the Department.
(7) "Invitation to bid" means the
				  notification that bids will be received for the construction of specific
				  projects.
Authority
					 G.S.
					 136-28.1;
Eff. October 1,
					 1993;
Amended Eff. February 1, 2008;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 6,
					 2016.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter D - HIGHWAY OPERATIONS › Section .0900 - REGULATIONS FOR INFORMAL CONSTRUCTION AND REPAIR CONTRACTS › Section 02D .0901 - REPEALED - DELEGATION TO SECRETARY

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 136-18(1);
					 136-28.1;
					 136-44.1;
					 136-45;
					 143-350(f);
Eff. February 1, 1987;
Repealed Eff. December 1,
					 1993.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter D - HIGHWAY OPERATIONS › Section .0900 - REGULATIONS FOR INFORMAL CONSTRUCTION AND REPAIR CONTRACTS › Section 02D .0902 - REPEALED - CONTRACT REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 136-18(1);
					 136-28.1;
					 136-44.1;
					 136-45;
					 143-350(f);
Eff. February 1, 1987;
Repealed Eff. November 1,
					 1991.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter D - HIGHWAY OPERATIONS › Section .1000 - ADOPT A HIGHWAY PROGRAM › Section 02D .1001 - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
The North Carolina Department of Transportation's
					 Adopt-A-Highway Program exists to support the Department's litter abatement
					 efforts.
Authority
					 G.S.
					 143B-350;
Eff. November 1,
					 1991;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 6,
					 2016.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter D - HIGHWAY OPERATIONS › Section .1000 - ADOPT A HIGHWAY PROGRAM › Section 02D .1002 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
For purposes of rules in this Section, the following
					 definitions shall apply.
(1)
				  "Adoption" shall mean the agreement by an individual or group to pick up litter
				  and trash from a specific section of highway right-of-way.
(2) "Adopt-A-Highway Program" shall mean the
				  public participation program of the Department designed to assist in the
				  control and reduction of litter on state-maintained highway
				  right-of-way.
(3) "Adopted Section"
				  shall mean the portion, generally two miles in length, of state-maintained
				  highway right-of-way approved for adoption by volunteers.
(4) "Authorized Representative" shall mean,
				  in the case of an adoption by a group, the group members acting on behalf of
				  the group for the purpose of adopting a section of highway.
(5) "Department" shall mean the North
				  Carolina Department of Transportation.
(6) "Program" shall mean the Adopt-A-Highway
				  Program of the North Carolina Department of Transportation.
(7) "Program Director" shall mean the
				  Director of Beautification Programs of the North Carolina Department of
				  Transportation who has oversight responsibility for the Program.
(8) "Program Participants" shall mean the
				  individuals or groups who have adopted sections of highways. Civic and
				  non-profit organizations, and commercial and private enterprises may be
				  selected as groups for the purpose of adopting a section of highway.
Authority
					 G.S.
					 143B-350;
Eff. November 1,
					 1991;
Amended Eff. November 1, 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 6,
					 2016.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter D - HIGHWAY OPERATIONS › Section .1000 - ADOPT A HIGHWAY PROGRAM › Section 02D .1003 - PARTICIPATION IN THE PROGRAM

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  adoption of a section of highway is a privilege in consideration for public
				  service that may be granted by the Department to individuals or groups who
				  would assist the Adopt-A-Highway Program in achieving its purpose.
(b) Only individuals or groups determined by
				  the Department to exhibit in good faith the willingness and the capacity to
				  perform the responsibilities of the Program will be allowed to adopt a highway.
				  The Department may refuse to grant a request to adopt a section of highway if,
				  in its opinion, granting the request would jeopardize the Program, be
				  counterproductive to its purpose as set out in Rule 02D.1001 of this Section,
				  or create a hazard to the safety of Department employees or the public. Highway
				  safety is a principal concern in all decisions related to the Program. Program
				  participants shall not be discriminated against on the basis of religion, race,
				  national origin, sex or handicap (except where the handicap would affect the
				  individual's safe participation in the Program) with respect to their
				  participation in the Program.
(c)
				  The Division Engineer or his designee shall approve applications of individuals
				  or groups applying to participate in the Program. A list of the newly approved
				  participants, by division, shall be submitted to the Program Director for
				  review on the first of each month. The approval of the Division Engineer is
				  final unless the applications are disapproved by the Program Director by the
				  first day of the next calendar month. If the Division Engineer has any
				  uncertainty regarding the qualifications of the individual or group applying to
				  the Program, the Division Engineer shall submit the application and all
				  accompanying documents to the Program Director for final action.
(d) Agreements of adoption shall be for a
				  period of four years.
(e) Each
				  person participating in the Program shall execute a written release of the
				  Department, its officials, employees and agents from any liability arising out
				  of his or her participation in the Program. In the case of a minor, such
				  release shall be executed by a parent or guardian.
(f) Program participants may put recyclable
				  plastic, cans, and glass in blue bags which are furnished by the department and
				  may keep the proceeds received for the recycled materials.
Authority
					 G.S.
					 136-140.1;
					 143B-350;
Eff.
					 November 1, 1991;
Amended Eff. August 1, 2002; November 1,
					 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 6,
					 2016.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter D - HIGHWAY OPERATIONS › Section .1000 - ADOPT A HIGHWAY PROGRAM › Section 02D .1004 - AGREEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
Any individual or group desiring to participate in the
					 Adopt-A-Highway Program shall submit an agreement to the Division Engineer of
					 the Division in which the section of highway proposed for adoption is located.
					 The agreement shall be in the form prescribed by the Department and shall
					 contain at a minimum the following information:
(1) The highway section to be adopted, as
				  nearly as it can be described;
(2)
				  The dates of the requested adoption;
(3) The approximate number of people in the
				  group who will be participating in each cleanup;
(4) The name, telephone number, and complete
				  street address of the authorized representative for the group and of all
				  members of the group who will actually participate in the Program;
(5) An acknowledgement by the individual or
				  group of the hazardous nature of the work involved by participating in the
				  Program;
(6) An acknowledgement
				  that the members of the group agree jointly to be bound by and comply with the
				  terms and conditions set forth in the agreement; and
(7) The signatures of the Division Engineer,
				  or his designee, and the Authorized Representative of the Program
				  Participant.
Authority
					 G.S.
					 143B-350;
Eff. November 1,
					 1991;
Amended Eff. November 1, 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 6,
					 2016.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter D - HIGHWAY OPERATIONS › Section .1000 - ADOPT A HIGHWAY PROGRAM › Section 02D .1005 - RESPONSIBILITIES OF PROGRAM PARTICIPANTS AND DEPARTMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any individual or group participating in
				  the Adopt-A-Highway Program shall be subject to the following requirements and
				  responsibilities:
(1) Appointing or selecting
				  an authorized representative to act on behalf of the group;
(2) Ensuring that each person participating
				  in the program attend a safety meeting and sign a statement acknowledging that
				  they have attended the safety meeting and viewed the Department's safety video
				  before participating in the cleanup of the adopted section;
(3) Obeying and abiding by the rules adopted
				  by the Department;
(4) Picking up
				  litter a minimum of four times a year, and as often as necessary to maintain a
				  clean right-of-way;
(5) Ensuring
				  that each individual participant of the group wears a Department approved
				  safety vest or shirt during the pickup;
(6) Ensuring that each individual participant
				  of the group wear clothing that will not impair vision or movement during the
				  pickup;
(7) Ensuring that attire
				  that might divert the attention of motorists is not worn during clean up
				  activities;
(8) Furnishing adequate
				  supervision by one or more adults 21 years of age or older for groups which
				  have participants 12 - 17 years of age;
(9) Ensuring that no one under the age of 12
				  is allowed to participate in the clean up activities;
(10) Prohibiting participants from either
				  possessing or consuming alcoholic beverages or other drugs during clean up
				  activities;
(11) Ensuring that no
				  signs, posters, or other display material that might distract motorists are
				  brought to the adopted section by group members during or between clean
				  ups;
(12) Filing after actions
				  reports as prescribed by the Department; and
(13) Ensuring that all provisions of the
				  agreement are fully performed.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter D - HIGHWAY OPERATIONS › Section .1000 - ADOPT A HIGHWAY PROGRAM › Section 02D .1006 - GENERAL LIMITING CONDITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Department shall determine which highways are eligible for adoption.
(b) The Department shall determine the
				  designation of the section of right-of-way to be adopted. The Department will
				  consider community sentiment in determining the designation of the section of
				  right-of-way to be adopted.
(c)
				  State roads in residential neighborhoods will not normally be available for
				  adoption. Exceptions include roads adopted by the neighborhood residents.
				  Underlying fee owners' objections to a specific adoption shall be
				  considered.
(d) If any of the
				  Program's actions are determined to be contrary to any statutory restrictions,
				  or any restrictions on the use of appropriated funds for political activities,
				  the Department may take any necessary remedial action, including, but not
				  limited to, the removal of the erected signs displaying the Program
				  Participant's name or acronym or the termination of the adoption
				  agreement.
(e) Names, titles or
				  words placed on Adopt-A-Highway signs shall be approved by the North Carolina
				  Department of Transportation.
Authority
					 G.S.
					 143B-350;
Eff. November 1,
					 1991;
Amended Eff. November 1, 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 6,
					 2016.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter D - HIGHWAY OPERATIONS › Section .1000 - ADOPT A HIGHWAY PROGRAM › Section 02D .1007 - MODIFICATION/RENEWAL/TERMINATION OF THE AGREEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Adopt-A-Highway agreement may be modified in scope or altered in any other
				  manner at the discretion of the Department.
(b) Program participants shall have the
				  option of renewing the agreement, subject to the approval of the Department and
				  the continuation of the Program by the Department. Information concerning
				  Program participants is to be updated at the time of renewal.
(c) The Department may terminate the
				  agreement or remove the Adopt-A-Highway signs bearing the Program participant's
				  name or acronym if it finds and determines that the participant is not meeting
				  the terms and considerations of the agreement, that the participant is acting
				  contrary to the rules of the Program, that the adoption is proving to be
				  counter productive to the Program's purpose, that undesirable results such as
				  increased litter, vandalism or sign theft, are resulting from the adoption,
				  that Program participants have engaged in irresponsible conduct at the adopted
				  section which would bring discredit upon the State, or that other good cause
				  exists to terminate the agreement or remove the Adopt-A-Highway sign.
Authority
					 G.S.
					 143B-350;
Eff. November 1,
					 1991;
Amended Eff. November 1, 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 6,
					 2016.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter D - HIGHWAY OPERATIONS › Section .1000 - ADOPT A HIGHWAY PROGRAM › Section 02D .1008 - REPEALED - TERMINATION OF THE PROGRAM

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 136-18(10);
Eff.
					 November 1, 1991;
Repealed Eff. November 1,
					 1993.