54-CA-01-PR3008_On Call Seeding and Mulching (March 2024).pdf

Proposal No. 54-CA-01-PR3008 1 March 15, 2024

STATE OF NORTH CAROLINA

DEPARTMENT OF TRANSPORTATION

REQUEST FOR PROPOSAL

DATE AND TIME OF BID OPENING: APRIL 8, 2024 AT 2:00 P.M.

BID PROPOSAL NO.: 54-CA-01-PR3008

WBS ELEMENT NOS.: VARIOUS

COUNTIES: BERTIE, CAMDEN, CHOWAN, CURRITUCK, DARE, GATES,

HERTFORD, HYDE, MARTIN, NORTHAMPTON,

PASQUOTANK, PERQUIMANS, TYRRELL, AND

WASHINGTON – DIVISION 1

LOCATION: VARIOUS PRIMARY AND SECONDARY ROADS

TYPE OF WORK: ON CALL ANNUAL SEEDING AND MULCHING

DATE OF AVAILABILITY: JULY 1, 2024

COMPLETION DATE: JUNE 30, 2025

SMALL BUSINESS CERTIFICATION MANDATORY

Proposal No. 54-CA-01-PR3008 2 March 15, 2024

PROPOSAL

FOR THE CONSTRUCTION OF

BID NO. 54-CA-01-PR3008 IN BERTIE, CAMDEN, CHOWAN, CURRITUCK, DARE, GATES,

HERTFORD, HYDE, MARTIN, NORTHAMPTON, PASQUOTANK, PE RQUIMANS, TYRRELL, AND

WASHINGTON COUNTIES – DIVISION 1, NORTH CAROLINA

MARCH 15, 2024

DEPARTMENT OF TRANSPORTATION,

RALEIGH, NORTH CAROLINA

The Bidder has carefully examined the location of the proposed work to be known as BID NO 54-CA-01-PR3008;

has carefully examined the plans and specifications, which are acknowledged to be part of the proposal, the special provisions, the proposal, the form of contract; and thoroughly understands the stipulations, requirements and provisions. The undersigned bidder agrees to be bound upon his execution of the bid and subsequent award to him by the Department of Transportation in accordance with this proposal. Payment and performance bonds are not required on this project. The undersigned Bidder further agrees to provide all necessary machinery, tools, labor, and other means of construction; and to do all the work and to furnish all materials, except as otherwise noted, necessary to perform and complete the said contract in accordance with the 2024 Standard Specifications for Roads and Structures by the dates(s) specified in the Project Special Provisions and in accordance with the requirements of the Engineer, and at the unit or lump sum prices, as the case may be, for the various items given on the sheets contained herein.

The Bidder shall provide and furnish all the materials, machinery, implements, appliances and tools, and perform the work and required labor to construct and complete State Highway BID NO. 54-CA-01-PR3008, for the unit or lump sum prices, as the case may be, bid by the Bidder in his bid and according to the proposal, plans, and specifications prepared by said Department, which proposal, plans, and specifications show the details covering this project, and hereby become a part of this contract.

The published volume entitled North Carolina Department of Transportation, Raleigh, Standard Specifications for Roads and Structures, January 2024 with all amendments and supplements thereto, is by reference incorporated into and made a part of this contract; that, except as herein modified, all the construction and work included in this contract is to be done in accordance with the specifications contained in said volume, and amendments and supplements thereto, under the direction of the Engineer.

If the proposal is accepted and the award is made, the contract is valid only when signed either by the Contract Officer or such other person as may be designated by the Secretary to sign for the Department of Transportation. The conditions and provisions herein cannot be changed except over the signature of the said Contract Officer or Division Engineer.

The quantities shown in the itemized proposal for the project are considered to be approximate only and are given as the basis for comparison of bids. The Department of Transportation may increase or decrease the quantity of any item or portion of the work as may be deemed necessary or expedient.

An increase or decrease in the quantity of an item will not be regarded as sufficient ground for an increase or decrease in the unit prices, nor in the time allowed for the completion of the work, except as provided for the contract.

Proposal No. 54-CA-01-PR3008 3 March 15, 2024

TABLE OF CONTENTS

PROJECT SPECIAL PROVISIONS - GENERAL PAGE NO.

General 5 Small Business Enterprise (SBE) Contract 5 Contract Time for ID/IQ 6 Work Order Assignment (Multiple Awards) for ID/IQ 6 Mobilization and Liquidated Damages for ID/IQ 7 Emergency Mobilization for ID/IQ 7 Renewal of Contract 7 Dispute Resolution 8 Intermediate Contract Time Number 1 and Liquidated Damages 8 Intermediate Contract Time Number 2 and Liquidated Damages 8 Intermediate Contract Time Number 3 and Liquidated Damages 9 Award of Contract 9 Basis of Award 10 Quantities Estimated 10 Small Business Enterprise (Multi-Year Maintenance Contracts) 10 Insurance 10 Progress and Prosecution 11 Traffic Control and Work Zone Safety 11 Flaggers 12 Safety Vests 12 Prompt Payment 12 Payment and Retainage 13

PROJECT SPECIAL PROVISIONS - ROADWAY PAGE NO.

Description 14 Erosion Control 14 Notification of Work 14 Inspection of Work 14 Stabilization Requirements 15 Mobilization 15 Seeding and Mulching 15 Permanent Soil Reinforcement Mat 21 Safety 22 Supervision by Contractor 22 Equipment 22 Miscellaneous 23

STANDARD SPECIAL PROVISIONS PAGE NO.

Availability of Funds – Termination of Contracts 24 Authority of the Engineer 24 Minimum Wages 24 On-The-Job Training 25 Work Zone Signing 27 NCDOT General Seed Specification for Seed Quality 27 Plant and Pest Quarantines 29 Bankruptcy 29 Subletting of Contract 29 Responsibility for Damage Claims 29

Proposal No. 54-CA-01-PR3008 4 March 15, 2024

Debarment Statement 30 Default of Contract 30 No Major Contract Items 30 No Specialty Items 30 Subsurface Information 30 Utility Conflicts 30 Traffic Signs & Mailboxes 30 Driveways and Private Property 30 Posted Weight Limits 31 Cooperation between Contractors 31 Cooperation with State Forces 31 Outsourcing Outside the USA 31 Title VI and Nondiscrimination 31

INSTRUCTIONS TO BIDDERS PAGE NO.

Preparation and Submission of Traditional Paper Bids 39 Opening of Bids 40

BID SUBMITTAL PACKAGE PAGE NO.

Cover Sheet 1 Contract Bid Form 2 Contractor Information 3 Federal Employer Identification Number 4 List of MBE/WBE Subcontractors 5 List of Equipment 6 Contractor's Work Experience and References 7 Execution of Bid Non-Collusion, Debarment and Gift Ban Certification 8 Bid Submittal Package Checklist 16

Proposal No. 54-CA-01-PR3008 5 March 15, 2024

PROJECT SPECIAL PROVISIONS - GENERAL

GENERAL

This contract is for miscellaneous erosion control work on primary and secondary roads in Bertie, Camden, Chowan, Currituck, Dare, Gates, Hertford, Hyde, Martin, Northampton, Pasquotank, Perquimans, Tyrrell, and Washington Counties in Division 1. The Contractor will also be responsible for matting, repair seeding, fertilization, and traffic control as directed by the Engineer. The Contractor is to provide all equipment, labor and material.

All materials and workmanship shall be in accordance with the following:

The Project Special Provisions, Project Standard Provisions, most current Standard Special Provisions, Manual of Uniform Traffic Control Devices (MUTCD), Provisions contained in the applicable Sections of the North Carolina Department of Transportation’s 2024 Standard Specifications for Roads and Structures and Drawings contained in the applicable sections of the North Carolina Department of Transportation’s 2024 Roadway Standard Drawings shall apply.

The published volume entitled North Carolina Department of Transportation, Standard Specifications for Roads and Structures, with all amendments and supplements thereto, is by reference incorporated into and made a part of this contract; that, except as herein modified, all the construction and work included in the contract is to be done in accordance with the specifications contained in said volume, and amendments and supplements thereto, under the direction of the Engineer.

The Contractor shall keep himself fully informed of all Federal, State, and local laws, ordinances, and regulations, and shall comply with the provisions of Section 107 of the Standard Specifications.

These manuals may be found at the following websites: http://mutcd.fhwa.dot.gov/ and https://connect.ncdot.gov/resources/Specifications/Pages/2024-Specifications-and-Special-Provisions.aspx

SMALL BUSINESS ENTERPRISE (SBE) CONTRACT

The Department of Transportation does not exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by this program on the basis of race, color, sex, political affiliation/influence, or national origin.

This is a SBE contract and to qualify for the NCDOT SBE Program a firm must have an annual gross income of $1,500,000 or less, exclusive of materials. Only contractors currently certified as a SBE Contractor by the NCDOT Office of Civil Rights SBE Program Manager and listed in the Directory of Transportation Firms at bid opening will be eligible to bid on this project.

If unsure as to whether a firm is currently certified by NCDOT, search the Directory of Transportation Firms at the following website: https://www.ebs.nc.gov/VendorDirectory/default.html.

Bids received from firms that are not certified as SBE Contractors through NCDOT Office of Civil Rights SBE Program Manager will not be opened.

Prospective bidders who qualify for the SBE Program and are not currently certified should submit a completed application packet to the SBE Program Manager prior to bid submittal to allow for review tim e.

Additional information on the program, including the application to become certified, may be obtained online at the following website: https://connect.ncdot.gov/business/SmallBusiness/Pages/default.aspx

Bidders must renew their SBE status and recertify each year. It is the bidder’s responsibility to ensure that their

Proposal No. 54-CA-01-PR3008 6 March 15, 2024 existing SBE status does not lapse prior to bid opening (or beginning work as a subcontractor). Advance notification of pending renewal dates is not guaranteed.

Per G.S. 136-28.10, a NC General Contractor’s license may be waived for SBE contracts. For this project, the NC General Contractor’s license will be waived. Per G.S. 136-28.10, contract payment and performance bonds may be waived. For this project, the contract payment and performance bonds will be waived.

INTERESTED PARTIES LIST NOT REQUIRED:

(6-21-22)(Rev. 2-20-24) 102 SP1 G02

Revise the Standard Specifications as follows:

The Interested Parties List sign up process is not applicable to this contract.

Page 1-13, Article 102-3 PROPOSALS AND INTERESTED PARTIES LIST, lines 12-15, delete the first paragraph.

Page 1-14, Article 102-8 PREPARATION AND SUBMISSION OF BIDS, lines 43-44, delete the first sentence of the first paragraph.

CONTRACT TIME FOR ID/IQ:

(2-15-22) 108 SP1 G11

The date of availability for this contract is July 1, 2024.

The completion date for this contract is June 30, 2025.

Except where otherwise provided by the contract, observation periods required by the contract will not be a part of the work to be completed by the completion date and/or intermediate contract times stated in the contract. The acceptable completion of the observation periods that extend beyond the final completion date shall be a part of the work covered by the performance and payment bonds.

Work shall be accomplished in a continuous manner once the contractor begins.

Any liquidated damages for this contract will be assessed per the Mobilization and Liquidated Damages provision located elsewhere in this Contract.

WORK ORDER ASSIGNMENT (MULTIPLE AWARDS) FOR ID/IQ:

(2-15-22)(Rev. 4-19-22) SPD 01-800B

Work orders will be assigned based on the lowest work order cost for the line items and estimated quantities necessary to complete the work order. Unit prices from each awarded contractor’s bid will be used to determine the lowest cost for each work order. The assigned Contractor shall respond to the work order assignment with the anticipated start date, within three working days of notification unless noted otherwise. Failure on the part of the Contractor to reply within the specified time frame may be received as a rejection of the work order. If the Contractor with the lowest work order cost cannot complete the work within the time specified in the assignment, the Engineer may contact the Contractor with the next lowest work order cost. If that Contractor can complete the work within the time specified in the assignment, then the work order will be assigned to that contractor. If not, assignment of work order will continue in order of work order cost until all awarded Contractors have had a chance to accept the terms of the assignment.

For federal ID/IQ contracts, all work orders will be assigned via the Work Order Assignment form (Form IDIQ- 1MA), and the Contractor is required to formally respond in writing for federal work orders within three working days, unless noted otherwise. The Work Order Assignment form will also be used for any state ID/IQ contract in which the estimated work order cost meets the threshold for Performance and Payment Bonds in accordance with the Bonding Requirements for ID/IQ provision found elsewhere in this contract. For state ID/IQ contracts in which the work order assignment doesn’t meet the threshold for bonds, the Department has the option to use the Work

Proposal No. 54-CA-01-PR3008 7 March 15, 2024

Order Assignment Form or other methods for work order assignments as agreed upon by the Engineer and Contractor.

The Contractor shall be required to prosecute the work in a continuous and uninterrupted manner from the time they begin the work until completion and final acceptance of the work order. Multiple failures of the Contractor to mobilize and begin work on the work order within the agreed upon time frame or failure to complete the work within the given time frame may result in the Contractor being excluded from future work on this contract in accordance with the Standard Specifications.

MOBILIZATION AND LIQUIDATED DAMAGES FOR ID/IQ:

(2-15-22) SPD 01-820

The Contractor shall mobilize to each location he is required to perform work. There will be no direct pay for Mobilization as it will be incidental to the other bid items. The only exception is if there is an Emergency Mobilization provision within the contract.

The Contractor will be provided a Work Order Assignment for each project with location(s), estimated quantities, and liquidated damages unless waived by the Engineer. Notification will be verbal followed by a faxed or emailed signed Work Order Assignment. There will be no minimum quantities for any line item associated with a particular mobilization. The Contractor shall complete the work identified on each Work Order Assignment.

The Contractor shall mobilize and complete the work within the time specified on the Work Order Assignment.

Failure to complete the work by the completion date may result in the application of liquidated damages.

Liquidated damage amounts will be based on the work order estimate and the liquidated damage table below.

Work Order Value Liquidated Damages (per calendar day)

$0 - $100K $100.00 $100K - $200K $250.00 $200K - $300K $500.00 $300K - $500K $600.00 $500K - $1M $700.00 $1M - $2M $850.00

EMERGENCY MOBILIZATION FOR ID/IQ:

Emergency mobilization will not be utilized in this contract. No payment will be made for this item.

RENEWAL OF CONTRACT (CPI PRICE ADJUSTMENT) FOR ID/I Q:

(2-15-22)(Rev. 9-19-23) SPD 01-840

The Contractor shall submit a bid for one year. At the option of the Department, this contract may be extended for two (2) additional periods of one year each (maximum (3) three years total). Each year shall have a limit of One Million Dollars ($1,000,000).

The compensation payable to the contractor shall be fixed for the first twelve months of this contract. However, upon an application of renewal of the contract, or thirty days prior to the end of each contract period, the renewal contract may be adjusted to reflect the adjustment in the Consumer Price Index over the latest twelve month period as published by the US Bureau of Labor and Statistics at http://www.bls.gov/cpi to be applied to new work order assignments. The Consumer Price Index for All Urban Consumers (CPI-U), US City Average, All Items, 1982- 84=100, not seasonally adjusted will be used. If the amount of the requested adjustment is more than ten percent, the Department of Transportation reserves the right to cancel this contract.

CPI adjustment values can be determined using the calculator on the NCDOT Construction website.

Proposal No. 54-CA-01-PR3008 8 March 15, 2024

This price escalation method will not be applied to items of work that are separately covered under commodity price escalation clauses. No other changes in the terms, conditions, etc. of this contract will be made when an extension to the contract is implemented. The Engineer will notify the Contractor in writing 30 days before the end of the contract period if the contract may be extended. The Contractor must notify the Engineer in writing within 15 calendar days of his acceptance or rejection of this offer. Failure on the part of the Contractor to reply will be received as a rejection of contract extension.

DISPUTE RESOLUTION PROCESS FOR ID/IQ:

(2-15-22)(Rev. 1-16-24) SPD 01-850

If a question should arise on the contract or assignment of a work order, the contractor should notify the Engineer noted on the assignment documentation or the Division Engineer within 48 hours after the scheduled time of bid opening or work order assignment. The following should be included in the notification if applicable:

(A) the contract for which bids were solicited;

(B) the particular law, regulation, or contract specification violated;

(C) a detailed description of the alleged violation; and

(D) any other information deemed to be relevant.

Once the initial evaluation has been completed, the contractor may be asked to attend a meeting for further discussion and clarification.

Once a determination has been made, the contractor will be notified of the decision by the Division Engineer. If the decision does not meet the satisfaction of the contractor, they have 24 hours from the Division Engineer’s notification to elevate the dispute to the Chief Engineer. The Chief Engineer will make the final decision and will not be subject to further review by NCDOT.

INTERMEDIATE CONTRACT TIME NUMBER 1 AND LIQUIDATED DAMAGES

The Contractor shall perform seeding and mulching operations on major slopes and areas determined to abut High Quality Water within the timeframes described below.

The date of availability for this intermediate contract time will be the day the Contractor receives notification to perform the work. The Division Roadside Environmental Engineer or their representative will issue a work request to the Contractor, notifying them of work needed at the various locations by the by telephone, fax, or email.

The completion date for this intermediate contract time will be five (5) calendar days after the date of availability.

Liquidated damages for this contract time are Five Hundred Dollars ($500) per day for each calendar day the Contractor fails to complete the work beyond the completion date.

INTERMEDIATE CONTRACT TIME NUMBER 2 AND LIQUIDATED DAMAGES

The Contractor shall perform seeding and mulching operations on minor slopes within the timeframes described below.

The date of availability for this intermediate contract time will be the day the Contractor receives notification to perform the work. The Division Roadside Environmental Engineer or their representative will issue a work request to the Contractor, notifying them of work needed at the various locations by the by telephone, fax, or email.

The completion date for this intermediate contract time will be ten (10) calendar days after the date of availability.

Proposal No. 54-CA-01-PR3008 9 March 15, 2024

Liquidated damages for this contract time are Five Hundred Dollars ($500) per day for each calendar day the Contractor fails to complete the work beyond the completion date.

The Contractor’s operations are restricted to daylight hours. No work shall be performed on Saturdays, Sundays, and Legal State holidays unless by written consent of Engineer. Work shall only be performed when weather and visibility conditions allow safe operations.

INTERMEDIATE CONTRACT TIME NUMBER 3 AND LIQUIDATED DAMAGES

MONDAY-THURSDAY FROM THIRTY (30) MINUTES BEFORE SUN SET TO THIRTY (30) MINUTES

AFTER SUNRISE THE FOLLOWING DAY

FRIDAY FROM THIRTY (30) MINUTES BEFORE SUNSET TO TH IRTY (30) MINUTES AFTER

SUNRISE THE FOLLOWING MONDAY

The Contractor shall not work within the roadway or associated right of way on ANY STATE MAINTAINED ROUTE, detain and /or alter the traffic flow on or during holiday weekends, special events, or any other time when traffic is unusually heavy, including the following schedules:

HOLIDAY AND HOLIDAY WEEKEND WORK RESTRICTIONS:

1. For unexpected occurrence that creates unusually high traffic volumes, as directed by the Engineer.

2. For New Year's Day, between the hours of 4:00 p.m. December 31st and 8:30 a.m. January 2nd. If New Year's Day is on a Friday, Saturday, Sunday or Monday, then until 8:30 a.m. the following Tuesday.

3. For Martin Luther King, Jr. Day , between the hours of 4:00 p.m. Friday and 8:30 a.m. Tuesday.

4. For Easter, between the hours of 4:00 p.m. Thursday and 8:30 a.m. Monday.

5. For Memorial Day, between the hours of 4:00 p.m. Friday and 8:30 a.m. Tuesday.

6. For Independence Day, between the hours of 4:00 p.m. the day before Independence Day and 8:30 a.m. the day after Independence Day.

If Independence Day is on a Friday, Saturday, Sunday or Monday, then between the hours of 4:00 p.m. the Thursday before Independence Day and 8:30 a.m. the Tuesday after Independence Day.

7. For Labor Day, between the hours of 4:00 p.m. Friday and 8:30 a.m. Tuesday.

8. For Veteran’s Day, between the hours of 4:00 p.m. Friday and 8:30 a.m. Tuesday.

9. For Thanksgiving Day, between the hours of 4:00 p.m. Tuesday and 8:30 a.m. Monday.

10. For Christmas, between the hours of 4:00 p.m. the Friday before the week of Christmas Day and 8:30 a.m. the following Tuesday after the week of Christmas Day.

Holidays and holiday weekends shall include New Years, Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas. The Contractor shall schedule his work so that work is not required during these periods, unless otherwise directed by the Engineer.

Liquidated damages for this contract are Five Hundred Dollars ($500.00) per hour or portion thereof that the Contractor operates outside of the work hours as stated above.

NON-EXCLUSIVE CONTRACT

The Department may, as it deems to be in the best interest of the State and the Department of Transportation, execute more than one contract based on this proposal. The Contractor(s) understands and agrees, by signature on the Purchase Order Contract Bid Form, that this agreement does not constitute an exclusive contract. If awarded, the contracts will be executed with the lowest responsible bidders. The Department of Transportation reserves the

Proposal No. 54-CA-01-PR3008 10 March 15, 2024 right to make multiple awards for the services provided by this contract. Furthermore, the Department reserves the right to reject all bids received.

AWARD OF CONTRACT

(6-28-77)(Rev 2/16/2018) Z-6

“The North Carolina Department of Transportation, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252) and the Regulations of the Department of Transportation (49 C.F.R., Part 21), issued pursuant to such act, hereby notifies all bidders that it will affirmatively insure that the contract entered into pursuant to this advertisement will be awarded to the lowest responsible bidder without discrimination on the ground of race, color, or national origin”.

All eligible proposals will be evaluated and acceptance made of the bid judged in the discretion of the contracting agency to determine the lowest responsible bidder for the purpose intended. The Contracting Agency using its discretion, will determine whether a bidder is a “responsible” bidder. In determining whether a bidder is “responsible, the Contracting Agency will evaluate, the bid price, completeness and content of the bid, Bidder’s related work experience, ability of the Bidder and staff to perform the services required, Bidder’s past performance, references, and Bidder’s financial stability. After opening bids and prior to award, the Contracting Agency may also seek supporting documentation prior to determining whether a bidder is a “responsible” bidder. No changes in bid price or price negotiations will be allowed after bids are opened and prior to an award. After the Contracting Agencies evaluation, the award of the contract, if awarded, will be made to the lowest responsible bidder. The lowest responsible bidder will be notified that his bid has been accepted and that he has been awarded the contract.

Withdrawal of proposal will be allowed only under limited conditions. If a Bidder is awarded a contract, he/she will be expected to perform the work. Failure to perform may result in the Bidder being held in default of contract.

In the event of default, the Department may, in its discretion, contact the next lowest responsible bidder to determine whether that next lowest responsible bidder is willing and able to complete the contract at its bid price.

All awards are final and are not subject to further review. Any formal complaints concerning awards should be made in writing to the Engineer.

BASIS OF AWARD

Quantities for this work are estimated and are not guaranteed. Determination of the apparent low bidder will be made by extending the unit prices quoted on the Bid Proposal Form.

Unit prices shall reflect actual costs; unbalanced bids may be rejected per the North Carolina Department of Transportation’s Standard Specifications for Roads and Structures.

QUANTITIES ESTIMATED

The quantities shown on the itemized bid form are considered to be approximate only and are given as the basis for comparison of bids. For accounting purposes only a purchase order may contain quantity amounts and they SHALL NOT be construed as minimum quantities. Quantities shall be determined solely by the Department on an “as needed” basis. In the event of a conflict between any purchase orders and this proposal, this proposal shall control. An increase or decrease in quantities shall not be cause for an adjustment in unit prices.

Proposal No. 54-CA-01-PR3008 11 March 15, 2024

SMALL BUSINESS ENTERPRISE (MULTI-YEAR MAINTENANCE C ONTRACTS):

(4-20-21)(Rev. 2-15-22) SP1 G74

This contract is a multi-year maintenance contract let pursuant to the Small Business Enterprise provisions of N.C.

General Statute §136-28.10. No minimum quantity of services is guaranteed to be awarded bidders under this contract. In accordance with N.C. General Statute §136-28.10, an award in a contract may be for an amount less but shall not exceed $1,000,000 per year. No payments in excess of this amount will be disbursed, in accordance with the Statute.

INSURANCE

The Contractor shall maintain all legally required insurance coverage, including without limitation, worker’s compensation and vehicle liability, in the amounts required by law. Refer to Section 107-15 in the “Standard Specifications for Roads and Structures, 2024” for additional information.

PROGRESS AND PROSECUTION

The Contractor will be required to prosecute the work in a continuous and uninterrupted manner from the time he begins the work until completion and final acceptance of the project. The Contractor will not be permitted to suspend his operations except for reasons beyond his control or except where the Engineer has authorized a suspension of the Contractor’s operations in writing.

It is further the intent that the Contractor shall pursue the work diligently with workmen in sufficient numbers, abilities, and supervision, and with the equipment, materials, and methods of construction as may be required to complete the work described in the contract, or as may be amended, by the completion date and in accordance with Section 108 of the Standard Specifications.

The Contractor shall adhere to all applicable regulations and follow accepted safety procedures when working in the vicinity of utilities in order to insure the safety of construction personnel and the public.

In the event that the Contractor’s operations are suspended in violation of the above provisions, the sum of Five Hundred ($500.00) will be charged to the contractor for each and every calendar day that such suspension takes place. The said amount is hereby agreed upon as liquidated damages due to extra engineering and maintenance costs and due to increased public hazard resulting from suspension of work. Liquidated damages chargeable due to suspension of the work will be additional to any liquidated damages that may become chargeable due to failure to complete the work by the completion date

TRAFFIC CONTROL AND WORK ZONE SAFETY

The Contractor shall maintain traffic during construction and provide, install, and maintain all traffic control devices in accordance with these project guidelines, the Project Traffic Control Plans, the Project Special Provisions, North Carolina Department of Transportation Standard Specifications for Roads and Structures, and the current edition of the Manual of Uniform Traffic Control Devices (MUTCD).

The Contractor shall utilize complete and proper traffic controls and traffic control devices during all operations.

All traffic control and traffic control devices required for any operation shall be functional and in place prior to the commencement of that operation. Signs for temporary operations shall be removed during periods of inactivity.

The Contractor is required to leave the project in a manner that will be safe to the traveling public and which will not impede motorists.

Traffic movements through lane closures on roads with two way traffic shall be controlled by flaggers stationed at each end of the work zone. In situations where sight distance is limited, the Contractor shall provide additional means of controlling traffic, including, but not limited to, two-way radios, pilot vehicles, or additional flaggers.

Flaggers shall be competent personnel, adequately trained in flagging procedures, and furnished with proper safety devices and equipment, including, but not limited to, safety vests and stop/slow paddles.

Proposal No. 54-CA-01-PR3008 12 March 15, 2024

All personnel when working in traffic areas or areas in close proximity to traffic shall wear an approved safety vest, or shirt or jacket which meets the color requirements of the Manual of Uniform Traffic Control Devices (MUTCD).

The Contractor shall comply with all applicable Federal, State, and local laws, ordinances, and regulations governing safety, health, and sanitation, and shall provide all safeguards, safety devices, and protective equipment, and shall take any other needed actions, on his own responsibility that are reasonably necessary to protect the life and health of employees on the job and the safety of the public, and to protect property in connection with the performance of the work covered by the contract.

Failure to comply with any of the requirements for safety and traffic control of this contract shall result in suspension of work as provided in Subarticle 108-7(2) of the Standard Specifications.

The Contractor's vehicles and equipment shall not be parked within the State Highway System right of way overnight or at other times when work has been suspended unless approved by the Engineer, and in no case within 30 feet of the edge of pavement. The Engineer may designate specific locations for parking equipment.

Traffic Control will be incidental to the work and will be included in the unit bid price for the other items included in the contract.

The liquidated damages for failing to place signs before commencement of operations is Two Hundred Fifty Dollars ($250.00) per incident. All signs shall be clean, legible, and in good condition as determined by the Engineer.

In addition, the Contractor shall incur immediate Liquidated Damages in the amount of Two Hundred Fifty Dollars ($250.00) each occurrence for failure to provide operational lighting and signing on all equipment as specified.

FLAGGERS

Provide the service of properly equipped and qualified flaggers, in accordance with Section 1150 of the Standard Specifications and Roadway Standard Drawing 1150.01, at locations and times for such period as necessary for the control and protection of vehicular and pedestrian traffic. Anyone who controls traffic is required to be qualified.

Qualification consists of each flagger receiving proper training in the set-up and techniques of safely and competently performing a flagging operation. Qualification of flaggers is to be done by an NCDOT approved training agency. For a complete listing of these, see the Work Zone Traffic Control’s webpage, https://connect.ncdot.gov/projects/WZTC/Pages/default.aspx.

Prior to beginning work on the project, a Qualification Statement that all flaggers used on the project have been properly trained through an NCDOT approved training resource shall be provided to the Engineer.

Flagging operations are not allowed for the convenience of the Contractor’s operations. However, if safety issues exist (i.e. sight or stopping sight distance), the Engineer may approve the use of flagging operations. Use flagging methods that comply with the guidelines in the MUTCD.

SAFETY VESTS

All Contractor’s personnel, all subcontractors and their personnel, and any material suppliers and their personnel, must wear a reflective safety vest or outer garment meeting ANSI/ISEA 107-2004 Class 2 standards at all times while on the project.

Failure to comply with this provision may result in a fine of One Hundred Dollars ($100.00) for each occurrence.

Proposal No. 54-CA-01-PR3008 13 March 15, 2024

PROMPT PAYMENT

Contractors at all levels, prime, subcontractor, or second tier contractor, shall within seven calendar days of receipt of monies, resulting from work performed on the project or services rendered, pay subcontractors, second tier subcontractors, or material suppliers, as appropriate. This seven-day period begins upon knowledgeable receipt by the contracting firm obligated to make a subsequent periodic payment or final payment. These prompt payment requirements will be met if each firm mails the payment to the next level firm by evidence of postmark within the seven-day period.

This provision for prompt payment shall be incorporated into each subcontract or second tier subcontract issued for work performed on the project or for services provided. Failure of any entity to make prompt payment as defined herein may result in (1) withholding of money due to that entity in the next partial payment until such assurances are made satisfactory to this provision; or (2) removal of an approved contractor from the pre- qualified bidders list or the removal of other entities from the approved subcontractors list.

PAYMENT AND RETAINAGE

The Contractor may submit requests for partial payments on a monthly basis, or other interval as approved by the Engineer. Compensation for all pay items shall be in accordance with the Standard Specifications. The amount of partial payments will be based on the work accomplished and accepted by the last day of the approved pay period.

Requests for payment shall be made by Contractor’s Invoice. All invoice items and unit costs shall correspond to contract pay items. In the event of error or discrepancy in items or unit costs, the Department may return the invoice to the contractor for correction. The invoice shall be completely and legibly filled out with all appropriate information and shall be signed by an authorized representative of the Contractor.

All invoices shall be original and submitted to the Division Roadside Environmental Engineer for approval.

Statements of all Subcontractor payments shall be included with invoices. These statements are to be submitted on the Subcontractor Payment Information Form (DBE-IS), they shall be original and in ink.

Payment will not be made until invoices and DBE-IS forms are received. Invoices should be received by the Department within 30 days of the completion of the work.

All requests for payment shall be submitted to:

Mr. Dennis Robertson Division Roadside Environmental Engineer N.C. Department of Transportation 472 Ocean Highway North Hertford, NC 27944

Due to the nature of the contract, no retainage will be withheld. However, the Department reserves the right to withhold payment for a specific location until after successful completion of the work as verified by the final inspection of that location.

All work or items, other than those listed on the Bid Form contained in the Contract Proposal, necessary to complete this work will be considered incidental in nature and no further compensation will be made.

Payment to the Contractor will be made only for the actual quantities of the various items that are completed and accepted in accordance with the terms of the contract. The advertised bid quantities are considered to be approximate only and are given as the basis for comparison of bids. The Department of Transportation may increase or decrease the quantity of any item or portion of the work as may be deemed necessary or expedient.

Proposal No. 54-CA-01-PR3008 14 March 15, 2024

PROJECT SPECIAL PROVISIONS - ROADWAY

DESCRIPTION

This contract is for the performance of on-call miscellaneous seeding and mulching work in Division One, consisting of Bertie, Camden, Chowan, Currituck, Dare, Gates, Hertford, Hyde, Martin, Northampton, Pasquotank, Perquimans, Tyrrell, and Washington Counties. The Contractor shall furnish all labor, materials, and equipment necessary for the execution of said work.

Specific work requests will be submitted to the Contractor during the life of this contract. Each work request will be issued by the District and will contain one or may contain multiple locations within that District.

District Counties

1 Camden, Currituck, Dare, Gates, Pasquotank, Perquimans 2 Bertie, Hertford, Northampton 3 Chowan, Hyde, Martin, Tyrrell, Washington

Due to the length of some routes, the Engineer may issue multiple work requests requiring a specified route to be seeded and mulched in stages or sections. The quantities shown in this contract are only for comparison of bids. The actual quantities may vary and no minimum amount of work is guaranteed.

The Engineer will measure all pay items prior to the notification of the road projects availability to the Contractor.

EROSION CONTROL

The Contractor shall exercise every reasonable precaution throughout the life of the project to prevent erosion and siltation.

NOTIFICATION OF WORK

The NCDOT will notify the Contractor of each location on the state highway system where seeding work is to be performed. The Contractor will be notified of work needed at the various locations by the Engineer or his representative by telephone, fax, or e-mail.

The Contractor shall only perform seeding work as directed by the Engineer.

INSPECTION OF WORK

All materials and each part or detail of the work shall be subject to inspection by the Engineer. The Contractor shall allow and provide reasonable access to all parts of the work to the Engineer or his authorized representative.

The Contractor shall also furnish such information and assistance as is required to make a complete and detailed inspection. Such access shall meet the approval of the Engineer.

Contractor shall not mix or apply any materials without verification of quantities and required certifications by the Inspector.

Contractor shall not apply any materials without the Engineer or Inspector present on site unless authorized by Engineer.

All seed from opened seed containers shall be installed in the same working day.

Proposal No. 54-CA-01-PR3008 15 March 15, 2024

STABILIZATION REQUIREMENTS

Stabilization for this project shall comply with the time frame guidelines as specified by the NCG-010000 general construction permit effective August 3, 2011 issued by the North Carolina Department of Environment and Natural Resources Division of Water Quality. Temporary or permanent ground cover stabilization on Major slopes shall occur within seven (7) calendar days from the last land-disturbing activity, with the following exceptions in which temporary or permanent ground cover on Minor slopes shall be provided in fourteen (14) calendar days from the last land-disturbing activity:

• Slopes between 2:1 and 3:1, with a slope length of 10 ft. or less

• Slopes 3:1 or flatter, with a slope of length of 50 ft. or less

• Slopes 4:1 or flatter

The stabilization timeframe for High Quality Water (HQW) Zones shall be seven (7) calendar days with no exceptions for slope grades or lengths. High Quality Water Zones (HQW) Zones are defined by North Carolina Administrative Code 15A NCAC 04A.0105 (25). Temporary and permanent ground cover stabilization shall be achieved in accordance with the provisions in this contract and as directed.

Therefore, in order for the Department to meet these requirements, the Contractor shall adhere to the time limits set forth in the PROJECT SPECIAL PROVISIONS of this proposal under Intermediate Time Limits #1 and #2.

MOBILIZATION

This work consists of preparatory work and operations to mobilize personnel, materials, and equipment to the project site.

Mobilization will be paid at 100% of the Mobilization unit bid price per County for each work request as defined in Intermediate Contract Time #1 & #2, based on the location of the work to be performed. A single work request may consist of work at more than one location within the subject county. Work requests that contain multiple locations will be limited to no more than ten (10) acres.

Payment will be made under:

Pay Item Pay Unit Mobilization – District 1 Each (EA) Mobilization – District 2 Each (EA) Mobilization – District 3 Each (EA)

SEEDING AND MULCHING

The work covered by this section consists of preparing seedbeds; furnishing, placing, and covering fertilizer and seed; compacting seedbeds; furnishing, placing, and securing mulch; and other operations necessary for the permanent establishment of grasses and legumes from seed on shoulders, slopes, ditches, or other roadside areas; all in accordance with these specifications. Seeding and mulching shall be performed on all earth areas disturbed by construction and on portions of areas seeded under previous contracts where in the opinion of the Engineer there is unsatisfactory vegetative cover. The Contractor shall adapt his operations to variations in weather or soil conditions as necessary for the successful establishment and growth of the grasses or legumes. In all operations covered by this section, care shall be taken to preserve the required line, grade, and cross section of the area treated.

MATERIALS

All materials shall meet the requirements of Division 10 shown below:

Fertilizer ..........................................................................................................Article 1060-2

Proposal No. 54-CA-01-PR3008 16 March 15, 2024

Seed .................................................................................................................Article 1060-4 Mulch for Erosion Control ...............................................................................Article 1060-5

The kinds of seed and fertilizer, and the rates of application of seed and fertilizer shall be as stated below. During periods of overlapping dates, the kind of seed to be used shall be determined. All rates are in pounds per acre.

All Roadway Areas Except Beaches

March 1 - August 31 September 1 - February 28 50# Tall Fescue 50# Tall Fescue 10# Centipede 10# Centipede 25# Bermudagrass (hulled) 35# Bermudagrass (unhulled)

500# Fertilizer 500# Fertilizer

All Beach Roadway Areas

March 1 - August 31 September 1 - February 28 50# Tall Fescue 50# Tall Fescue 25# Bermudagrass (hulled) 35# Bermudagrass (unhulled)

Waste and Borrow Locations

March 1 – August 31 September 1 - February 28 75# Tall Fescue 75# Tall Fescue 25# Bermudagrass (hulled) 35# Bermudagrass (unhulled)

Note: 50# of Bahiagrass may be substituted for either Centipede or Bermudagrass only upon Engineer’s request.

On cut and fill slopes 2:1 or steeper Centipede shall be applied at the rate of 5 pounds per acre and add 20# of Sericea Lespedeza from January 1 - December 31.

Approved Tall Fescue Cultivars

06 Dust Coyote Grande 3 Padre Shenandoah Elite 2nd Millennium Darlington Greenbrooks Patagonia Sidewinder 3rd Millennium Davinci Greenkeeper Pedigree Skyline

Apache III Desire Gremlin Picasso Solara Avenger Dominion Greystone Piedmont Southern Choice II

Barlexas Dynamic Guardian 21 Plantation Speedway Barlexas II Dynasty Guardian 41 Proseeds 5301 Spyder LS Bar Fa Endeavor Hemi Prospect Sunset Gold Barrera Escalade Honky Tonk Pure Gold Taccoa Barrington Essential Hot Rod Quest Tanzania Barrobusto Evergreen 2 Hunter Raptor II Trio

Barvado Falcon IV Inferno Rebel Exeda Tahoe II Biltmore Falcon NG Innovator Rebel Sentry Talladega Bingo Falcon V Integrity Rebel IV Tarheel Bizem Faith Jaguar 3 Regiment II Terrano Blackwatch Fat Cat Jamboree Regenerate Titan ltd

Blade Runner II Festnova Justice Rendition Titanium LS

Bonsai Fidelity Kalahari Rhambler 2 SRP Tracer Braveheart Finelawn Elite Kitty Hawk 2000 Rembrandt Traverse SRP

Proposal No. 54-CA-01-PR3008 17 March 15, 2024

Bravo Finelawn Xpress Legitimate Reunion Tulsa Time Bullseye Finesse II Lexington Riverside Turbo

Cannavaro Firebird LSD RNP Turbo RZ Catalyst Firecracker LS Magellan Rocket Tuxedo RZ Cayenne Firenza Matador Scorpion Ultimate

Cessane Rz Five Point Millennium SRP Serengeti Venture Chipper Focus Monet Shelby Umbrella Cochise IV Forte Mustang 4 Sheridan Van Gogh Constitution Garrison Ninja 2 Signia Watchdog Corgi Gazelle II Ol’ Glory Silver Hawk Wolfpack II Corona Gold Medallion Olympic Gold Sliverstar Xtremegreen

Fertilizer shall be 10-20-20 analysis. A different analysis of fertilizer may be used provided the 1-2-2 ratio is maintained and the rate of application adjusted to provide the same amount of plant food as a 10-20-20 analysis and as directed.

All areas seeded and mulched shall be tacked with asphalt. Crimping of straw in lieu of asphalt tack or other approved binding material shall not be allowed on this project.

As referenced in the Standard Specifications and/or Roadway Standard Drawings, the Contractor shall provide all required documentation concerning materials used within the project limits, including but not limited to hay, straw, fodder, and plant litter of any kind.

TEMPORARY SEEDING

Fertilizer shall be the same analysis as specified for Seeding and Mulching and applied at the rate of 400 pounds and seeded at the rate of 50 pounds per acre. Sweet Sudan Grass, German Millet or Browntop Millet shall be used in summer months and Rye Grain during the remainder of the year. The Engineer will determine the exact dates for using each kind of seed.

COORDINATION WITH GRADING OPERATIONS

The work of seeding and mulching shall be performed on a section by section basis immediately upon completion of earthwork sections in accordance with the provisions of Article 225-2. No exception will be made to this requirement unless otherwise permitted in writing by the Engineer or by the special provisions.

SEEDBED PREPARATION

The Contractor shall cut and satisfactorily dispose of weeds or other unacceptable growth on the areas to be seeded.

Uneven and rough areas outside of the graded section, such as crop rows, farm contours, ditches and ditch spoil banks, fence line and hedgerow soil accumulations, and other minor irregularities which cannot be obliterated by normal seedbed preparation operations, shall be shaped and smoothed as directed by the Engineer. The soil shall then be scarified or otherwise loosened to a depth of not less than 5 inches except as otherwise provided below or otherwise directed by the Engineer. Clods shall be broken and the top 2 to 3 inches of soil shall be worked into an acceptable seedbed by the use of soil pulverizers, drags, or harrows; or by other methods approved by the Engineer.

All rock and debris 3 inches or larger shall be removed on median, shoulder, and ditch cut or fill slopes which are 3:1 or flatter, prior to the application of seed and fertilizer. On cut slopes that are 2:1 and steeper, both the depth of preparation and the degree of smoothness of the seedbed may be reduced as permitted by the Engineer, but in all cases the slope surface shall be scarified, grooved, trenched, or punctured so as to provide pockets, ridges, or trenches in which the seeding materials can lodge.

CONTRACTOR SHALL BE RESPONSIBLE FOR PROVIDING THE R EQUIRED SEED BED. IT MAY

ALSO BE NECESSARY TO SEED THESE SECTIONS WITH A HYDRO-SEEDER.

Proposal No. 54-CA-01-PR3008 18 March 15, 2024

On cut slopes that are either 2:1 or steeper, the Engineer may permit the preparation of a partial or complete seedbed during the grading of the slope. If at the time of seeding and mulching operations such preparation is still in a condition acceptable to the Engineer, additional seedbed preparation may be reduced or eliminated.

Seedbed preparation within two (2) feet of the edge of any pavement shall be limited to a depth of 2 to 3 inches.

The preparation of seedbeds shall not be done when the soil is frozen, extremely wet, or when the Engineer determines that it is an otherwise unfavorable working condition.

APPLYING AND COVERING FERTILIZER AND SEED

(A) General:

Equipment to be used for the application, covering, or compaction of fertilizer and seed shall have been approved by the Engineer before being used on the project. Approval may be revoked at any time if equipment is not maintained in satisfactory working condition, or if the equipment operation damages the seed.

Fertilizer, and seed shall be applied within 24 hours after completion of seedbed preparation unless otherwise…