54-CA-05-PR7124_Tree Trimming (Vance County)_May 2024.pdf

Proposal No. 54-CA-05-PR7124 1 May 30, 2024

STATE OF NORTH CAROLINA

DEPARTMENT OF TRANSPORTATION

REQUEST FOR PROPOSAL

DATE AND TIME OF BID OPENING: JUNE 19, 2024 AT 2:00 P.M.

BID PROPOSAL NO.: 54-CA-05-PR7124

WBS ELEMENT NOS.: VARIOUS

COUNTY: VANCE– DIVISION 5

LOCATION: I-85 FROM THE GRANVILLE COUNTY LINE TO TH E

WARREN COUNTY LINE

TYPE OF WORK: TREE TRIMMING

DATE OF AVAILABILITY: JULY 1, 2024

COMPLETION DATE: JUNE 30, 2025

SMALL BUSINESS CERTIFICATION MANDATORY

Proposal No. 54-CA-05-PR7124 2 May 30, 2024

PROPOSAL

FOR THE CONSTRUCTION OF

BID NO. 54-CA-05-PR7124 IN VANCE COUNTY – DIVISION 5, NORTH CAROLINA

MAY 30, 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-05-PR7124;

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-05-PR7124, 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-05-PR7124 3 May 30, 2024

TABLE OF CONTENTS

PROJECT SPECIAL PROVISIONS - GENERAL PAGE NO.

General 4 Interested Parties List Not Required 4 Small Business Enterprise (SBE) Contract 4 General Contractors Licensing Requirements 5 Contract Time 5 Work Order Assignment 5 Mobilization and Liquidated Damages 6 Emergency Mobilization 6 Renewal of Contract 6 Dispute Resolution Process for ID/IQ 6 Intermediate Contract Time Number 1 and Liquidated Damages 7 Intermediate Contract Time Number 2 and Liquidated Damages 8 Authority of the Engineer 8 Award of Contract 8 Supervision by Contractor 9 Insurance 9

PROJECT SPECIAL PROVISIONS - ROADWAY PAGE NO.

Notes to Contractor 13 Notification of Operations 13 Mobilization 13 Tree Trimming 13 Required Equipment 14 Selective Vegetation Removal 15 Traffic Control and Work Zone Safety 16

STANDARD SPECIAL PROVISIONS PAGE NO.

Availability of Funds – Termination of Contracts 18 Plant and Pest Quarantines 19 Minimum Wages 19 Title VI and Nondiscrimination 20 On the Job Training 27

INSTRUCTIONS TO BIDDERS PAGE NO.

Preparation and Submission of Traditional Paper Bids 30 Opening of Bids 31

BID SUBMITTAL PACKAGE PAGE NO.

Cover Sheet 1 Contract Bid Form 2 Contractor Information 3 Federal Employer Identification Number 4 Listing of MBE/WBE Subcontractors 5 Contractor's Work Experience and References 6 Execution of Bid Non-Collusion, Debarment and Gift Ban Certification 7 Bid Submittal Package Checklist 15

Proposal No. 54-CA-05-PR7124 4 May 30, 2024

PROJECT SPECIAL PROVISIONS - GENERAL

GENERAL

This contract is for tree trimming on I-85 in Vance County in Division 5. Tree trimming will be done on I-85 from the Granville county line to the Warren county line.

The Contractor is to provide all equipment, labor and material. At each site of operation, set up, maintain, and remove the appropriate traffic control devices. Conduct operations in a safe manner, adhering to all utility separation requirements.

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 Standard Specifications for Roads and Structures and Drawings contained in the applicable sections of the North Carolina Department of Transportation’s 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.

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.

SMALL BUSINESS ENTERPRISE PROGRAM

This is a Small Business Enterprise (SBE) Program project, and as such, it is restricted to businesses grossing less than $1,500,000, excluding materials, during the previous calendar year. Contractors must be certified as a SBE Contractor by the Contractual Services Unit of NCDOT and listed as such in the Directory of Transportation Firms at the time of bid opening. Certification requirements and additional SBE Program information may be found at:

https://connect.ncdot.gov/business/SmallBusiness/Pages/default.aspx.

As authorized by G.S. 136-28.10 (Highway Fund and Highway Trust Fund Small Project Bidding), the Department’s normal bonding and licensing requirements are waived for this SBE project.

Proposal No. 54-CA-05-PR7124 5 May 30, 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.

GENERAL CONTRACTORS LICENSING REQUIREMENTS

A General Contractors license is not required to bid or perform work on this project.

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 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.

Proposal No. 54-CA-05-PR7124 6 May 30, 2024

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.

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:

Proposal No. 54-CA-05-PR7124 7 May 30, 2024

(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:

(2-20-07) 108 SP1 G14 B

The Contractor shall not narrow or close a lane of traffic on ANY ROAD , detain and /or alter the traffic flow on or during holiday weekends, special events, or any other time when traffic is unusually heavy, including the following schedules:

HOLIDAY AND HOLIDAY WEEKEND LANE CLOSURE RESTRICTIONS

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

2. For New Year's Day, between the hours of 4:00 PM December 31st and 9:00 AM January 2nd. If New

Year's Day is on a Friday, Saturday, Sunday or Monday, then until 9:00 AM the following Tuesday.

3. For Easter, between the hours of 4:00 PM Thursday and 9:00 AM Monday.

4. For Memorial Day, between the hours of 4:00 PM Friday and 9:00 AM Tuesday.

5. For Independence Day, between the hours of 4:00 PM the day before Independence Day and 9:00 AM the day after Independence Day.

If Independence Day is on a Friday, Saturday, Sunday or Monday, then between the hours of 4:00 PM the Thursday before Independence Day and 9:00 AM the Tuesday after Independence Day.

6. For Labor Day, between the hours of 4:00 PM Friday and 9:00 AM Tuesday.

7. For Thanksgiving Day, between the hours of 4:00 PM Tuesday and 9:00 AM Monday.

8. For Christmas, between the hours of 4:00 PM the Friday before the week of Christmas Day and 9:00 AM the following Tuesday after the week of Christmas Day.

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

The time of availability for this intermediate contract work shall be the time the Contractor begins to install all traffic control devices for lane closures according to the time restrictions listed herein.

The completion time for this intermediate contract work shall be the time the Contractor is required to complete the removal of all traffic control devices for lane closures according to the time restrictions stated herein and place traffic in the existing traffic pattern.

The liquidated damages are Two Hundred Fifty Dollars ($ 250.00) per hour.

Proposal No. 54-CA-05-PR7124 8 May 30, 2024

INTERMEDIATE CONTRACT TIME NUMBER 2 AND LIQUIDATED DAMAGES:

(2-20-07) 108 SP1 G14 C

The Contractor shall complete the required work of installing, maintaining and removing the traffic control devices for lane closures and restoring traffic to the existing traffic pattern. The Contractor shall not close or narrow a lane of traffic on ANY ROAD during the following time restrictions:

DAY AND TIME RESTRICTIONS

MONDAY – SATURDAY

7:00 AM – 9:00 AM

AND

4:00 PM – 6:00 PM

The time of availability for this intermediate contract time will be the time the Contractor begins to install traffic control devices required for the lane closures according to the time restrictions stated herein.

The completion time for this intermediate contract time will be the time the Contractor is required to complete the removal of traffic control devices required for the lane closures according to the time restrictions stated herein and restore traffic to the existing traffic pattern.

The liquidated damages are One Thousand, Two Hundred Fifty Dollars ($ 1,250.00) per 15 minutes.

AUTHORITY OF THE ENGINEER:

(01-30-14) 105-1 SPD 01-460

The Engineer for this project shall be the Division Engineer, Division Five, Division of Highways, North Carolina Department of Transportation, acting directly or through his duly authorized representative.

The Engineer will decide all questions which may arise as to the quality and acceptability of work performed and as to the rate of progress of the work; all questions which may arise as to the interpretation of the contract; and all questions as to the acceptable fulfillment of the contract on the part of the Contractor. His decision shall be final and he shall have executive authority to enforce and make effective such decisions and orders as the Contractor fails to carry out promptly.

AWARD OF CONTRACT (TERMS)

The State reserves the right to make partial, progressive or multiple awards for the same service and in the best interest of the State.

The award of the contract, if it is awarded, will be made to the lowest responsible bidder(s). The lowest responsible bidder(s) will be notified that their bid has been accepted and that they have been awarded the contract. NCDOT reserves the right to reject all bids.

AVAILABILITY OF FUNDS – CONTRACT TERMINATION

Payments on this contract are subject to availability of funds as allocated by the General Assembly. If the General Assembly fails to allocate adequate funds, the Department reserves the right to terminate this contract.

In the event of termination, the Contractor shall be given a written notice of termination at least 60 days before completion of scheduled work for which funds are available. In the event of termination, the Contractor shall be paid for the work already performed in accordance with the contract specifications.

BANKRUPTCY

The Department of Transportation, at its option, may terminate the contract upon filing by the Contractor of any petition for protection under the provisions of the Federal Bankruptcy Act.

Proposal No. 54-CA-05-PR7124 9 May 30, 2024

UTILITY CONFLICTS

It shall be the responsibility of the Contractor to contact all affected utility owners and determine the precise locations of all utilities prior to beginning construction. Utility owners shall be contacted a minimum of 48 hours prior to the commencement of operations. Special care shall be used in working around or near existing utilities, protecting them when necessary to provide uninterrupted service. In the event that any utility service is interrupted, the Contractor shall notify the utility owner immediately and shall cooperate with the owner, or his representative, in the restoration of service in the shortest time possible. Existing fire hydrants shall be kept accessible to fire departments at all times.

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.

SUPERVISION BY CONTRACTOR

At all times during the life of the project the Contractor shall provide one permanent employee who shall have the authority and capability for overall responsibility of the project and who shall be personally available at the work site within 24 hour notice. Such employee shall be fully authorized to conduct all business with the subcontractors, to negotiate and execute all supplemental agreements, and to execute the orders or directions of the Engineer.

At all times that work is actually being performed, the Contractor shall have present on the project one competent individual who is authorized to act in a supervisory capacity over all work on the project, including work subcontracted. The individual who has been so authorized shall be experienced in the type of work being performed and shall be fully capable of managing, directing, and coordinating the work; of reading and thoroughly understanding the contract; and receiving and carrying out directions from the Engineer or his authorized representatives. He shall be an employee of the Contractor unless otherwise approved by the Engineer.

The Contractor may, at his option, designate one employee to meet the requirements of both positions. However, whenever the designated employee is absent from the work site, an authorized individual qualified to act in a supervisory capacity on the project shall be present.

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” for additional information.

TEMPORARY SUSPENSION OF WORK

In accordance with Article 108-7 of the Standard Specifications, the Engineer will have the authority to suspend the work wholly or in part, any written order for such periods as he may deem necessary for any of the following reasons.

1. Conditions considered unfavorable for the suitable prosecution of the work, or

2. The Contractor’s failure for correct conditions unsafe for workmen or the general public, or

3. The Contractor has not carried out orders given to him by the Engineer, or

4. The Contractor’s failure to perform any provisions of the contract.

COOPERATION WITH STATE FORCES

The Department reserves the right at any time for State Forces to perform other or additional work on or near the work covered by the contract.

When State Forces perform work within the limits of the project, the Contractor shall conduct his work so as not to interfere with or hinder the progress or completion of the work being performed by State Forces.

Proposal No. 54-CA-05-PR7124 10 May 30, 2024

The Contractor shall conduct his operation in such a manner as to avoid damaging any work being performed by State Forces or which has been completed by State Forces.

COMPENSATION

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

SAFETY VESTS

All Contractors’ personnel, all subcontractors and their personnel, and any material suppliers and their personnel must wear an OSHA approved reflective vest or outer garment at all times while on the project.

PROSECUTION AND PROGRESS

The Contractor shall pursue the work diligently with workmen in sufficient numbers, abilities, and supervision, and with equipment, materials, and methods of construction as may be required to complete the work described in the contract by the completion date and in accordance with Section 108 of the Standard Specifications. The Contractor’s operations are restricted to day light hours. No work may be performed on State Holidays, or as determined by the Engineer. Weekend work must be approved by the Engineer. Work shall only be performed when weather and visibility conditions allow safe operations.

DEFAULT OF CONTRACT

The Department of Transportation shall have the right to declare a default of contract for breach by the Contractor of any material term or condition of the contract. Default of contract shall be in accordance with the terms, conditions, and procedures of Article 108-9 of the Standard Specifications.

EXTENSION OF CONTRACT TIME

Failure on the part of the Contractor to furnish bonds or certifications or to satisfy preliminary requirements necessary to issue the purchase order will not constitute grounds for extension of the contract time. If the Contractor has fulfilled all preliminary requirements for the issuance of a purchase order, and the purchase order authorization is not available by the date of availability, the Contractor shall be granted an extension equal to the number of calendar days the purchase order authorization is delayed after the date of availability.

CLAIMS FOR ADDITIONAL COMPENSATION OR EXTENSION OF TIME

Any claims for additional compensation and/or extensions of the completion date shall be submitted to the Division Engineer with detailed justification within thirty (30) days after receipt of the final invoice payment. The failure of the Contractor to submit the claim(s) within thirty days shall be a bar to recovery.

NO MAJOR CONTRACT ITEMS:

(2-19-02) (Rev. 8-21-07) 104 SP1 G31

None of the items included in this contract will be major items.

NO SPECIALTY ITEMS:

(7-1-95)(Rev. 1-16-24) 108-6 SP1 G34

None of the items included in this contract will be specialty items (see Article 108-6 of the Standard Specifications).

RESTRICTIONS ON ITS EQUIPMENT AND SERVICES:

(11-17-20) SP01 G090

All telecommunications, video or other ITS equipment or services installed or utilized on this project must be in conformance with UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT

Proposal No. 54-CA-05-PR7124 11 May 30, 2024

REQUIREMENTS FOR FEDERAL AWARDS 2 CFR, § 200.216 Prohibition on certain telecommunications and video surveillance services or equipment.

USE OF UNMANNED AIRCRAFT SYSTEM (UAS):

(8-20-19) SP1 G092

The Contractor shall adhere to all Federal, State and Local regulations and guidelines for the use of Unmanned Aircraft Systems (UAS). This includes but is not limited to US 14 CFR Part 107 Small UAS Rule, NC GS 15A-

300.2 Regulation of launch and recovery sites, NC GS 63-95 Training required for the operation of unmanned aircraft systems, NC GS 63-96 Permit required for commercial operation of unmanned aircraft system, and NCDOT UAS Policy. The required operator certifications include possessing a current Federal Aviation Administration (FAA) Remote Pilot Certificate, a NC UAS Operator Permit as well as operating a UAS registered with the FAA.

Prior to beginning operations, the Contractor shall complete the NCDOT UAS – Flight Operation Approval Form and submit it to the Engineer for approval. All UAS operations shall be approved by the Engineer prior to beginning the operations.

All contractors or subcontractors operating UAS shall have UAS specific general liability insurance to cover all operations under this contract.

The use of UAS is at the Contractor’s discretion. No measurement or payment will be made for the use of UAS. In the event that the Department directs the Contractor to utilize UAS, payment will be in accordance with Article 104-7 Extra Work.

EQUIPMENT IDLING GUIDELINES:

(1-19-21) 107 SP1 G096

Exercise reduced fuel consumption and reduced equipment emissions during the construction of all work associated with this contract. Employees engaged in the construction of this project should turn off vehicles when stopped for more than thirty (30) minutes and off-highway equipment should idle no longer than fifteen (15) consecutive minutes.

These guidelines for turning off vehicles and equipment when idling do not apply to:

1. Idling when queuing.

2. Idling to verify the vehicle is in safe operating condition.

3. Idling for testing, servicing, repairing or diagnostic purposes.

4. Idling necessary to accomplish work for which the vehicle was designed (such as operating a crane, mixing concrete, etc.).

5. Idling required to bring the machine system to operating temperature.

6. Emergency vehicles, utility company, construction, and maintenance vehicles where the engines must run to perform needed work.

7. Idling to ensure safe operation of the vehicle.

8. Idling when the propulsion engine is providing auxiliary power for other than heating or air conditioning.

(such as hydraulic systems for pavers)

9. When specific traffic, safety, or emergency situations arise.

10. If the ambient temperature is less than 32 degrees Fahrenheit. Limited idling to provide for the safety of vehicle occupants (e.g. to run the heater).

11. If the ambient temperature is greater than 90 degrees Fahrenheit. Limited idling to provide for the safety of vehicle occupants of off-highway equipment (e.g. to run the air conditioning) no more than 30 minutes.

12. Diesel powered vehicles may idle for up to 30 minutes to minimize restart problems.

Any vehicle, truck, or equipment in which the primary source of fuel is natural gas or electricity is exempt from the idling limitations set forth in this special provision.

Proposal No. 54-CA-05-PR7124 12 May 30, 2024

OUTSOURCING OUTSIDE THE USA:

(9-21-04) (Rev. 5-16-06) SP1 G150

All work on consultant contracts, services contracts, and construction contracts shall be performed in the United States of America. No work shall be outsourced outside of the United States of America.

Outsourcing for the purpose of this provision is defined as the practice of subcontracting labor, work, services, staffing, or personnel to entities located outside of the United States.

The North Carolina Secretary of Transportation shall approve exceptions to this provision in writing.

WORK ZONE INSTALLER:

(7-20-21)(Rev. 8-16-22) 1101, 1150 SP11 R04

Provide the service of at least one qualified work zone installer during the setup, installation, and removal of temporary traffic control within the highway right of way. The qualified work zone installer shall serve as crew leader and shall be on site and directing the installation and removal of temporary traffic control. If multiple temporary traffic control installations or removals are occurring simultaneously, then each shall have a qualified work zone installer.

The work zone installer shall be qualified by an NCDOT approved training agency or other NCDOT approved training provider in the safe and competent set up of temporary traffic control. For a complete listing of approved training agencies, see the Work Zone Safety Training webpage.

A work zone supervisor, in accordance with Article 1101-13 of the Standard Specifications, may fulfill the role of the work zone installer during the setup, installation, and removal of temporary traffic control within the highway right of way provided they are on site and directing the installation and removal of temporary traffic control.

All other individuals participating in the setup, installation, and removal of temporary traffic control within the highway right of way shall be certified as a qualified flagger in accordance with Article 1150-3 of the Standard Specifications, even if flagging is not being performed as part of the traffic control.

Provide the name and contact information of all qualified work zone installers to the Engineer prior to or at the preconstruction conference. Additionally, provide a qualification statement that all other individuals participating in the setup, installation, and removal of temporary traffic control are qualified flaggers that have been properly trained through an NCDOT approved training agency or other NCDOT approved training provider.

All certification records for qualified work zone installers and flaggers shall be uploaded by the approved training agency or other NCDOT approved training provider to the Department’s Work Zone Education Verification App (WZ-EVA) prior to the qualified work zone installer or flagger performing any traffic control duties on the project.

For more information about WZ-EVA, see the Work Zone Safety Training webpage.

Proposal No. 54-CA-05-PR7124 13 May 30, 2024

PROJECT SPECIAL PROVISIONS-ROADWAY

NOTES TO CONTRACTOR

1. Refer to the Standard Specifications for Roads and Structures and Roadway Standard Drawings dated

January 2024 and any Special Provisions in contract for guidelines on this project.

2. Quantities included in this contract will vary and will be determined by the actual amount of “Tree

Trimming” required by the Engineer.

3. Any damage to adjacent shoulders, ditches, medians, paved areas or other facilities, whether public or private, shall be repaired or replaced by the Contractor to the satisfaction of the Engineer.

4. All work performed by the contractor shall be in compliance with the 2024 Standard Specifications and

Workmanship/Appearance done to the satisfaction of the Engineer.

5. All items necessary to complete work other than those listed on the "Bid Proposal Form" will be considered incidental in nature and no further compensation will be made. Any work performed in an unsatisfactory manner may be considered a basis for cancellation of the contract.

6. Contractor shall be responsible for all costs or charges resulting from the operation and maintenance of equipment during the performance of this contract. The Department shall not be held responsible or damage to Contractor’s equipment.

NOTIFICATION OF OPERATIONS

The Contractor or their appointed representative shall notify the Engineer one week in advance of beginning work on any site included in this contract. The Contractor shall give the Engineer sufficient notice of all operations for any sampling or acceptance testing required.

DRIVEWAYS AND PRIVATE PROPERTY

The Contractor shall maintain access to driveways for all residents and property owners throughout the life of the contract. Contractor shall not perform work for private citizens or agencies in conjunction with this project, or within project limits, during the Term of the contract.

MOBILIZATION

No direct payment shall be made for “Mobilization”, as the cost for mobilization will be considered incidental to other contract items.

TREE TRIMMING

Telescopic Boom Trimming

The work covered by this section shall consist of tree trimming along public Right-Of-Way using telescopic boom trimmers. Tree trimming limits shall include a horizontal clearance of 50 feet from the edge of travel lane or to the timberline whichever comes first, and vertical clearance to the full extent of the reach of the equipment. The Engineer will select and coordinate work site locations and provide a marked map to the Contractor. All work must be accomplished during daylight hours. Night work will not be permitted.

Proposal No. 54-CA-05-PR7124 14 May 30, 2024

Removal and disposal of all trimmings, laps, brush, and other debris produced during the Contractor’s performance of work shall be the responsibility of the Contractor. When chipping or mulching is used to dispose of trimmings, the Engineer may approve the spreading of chips or mulch along certain section of right of way. Debris may be disposed of on site at fill slopes and so as not to impede storm water conveyance. No burning or burying of debris will be allowed. No direct payment will be made for removal and/or disposal of trimmings, laps, brush, or other debris, as it will be considered incidental to the pay items of this contract.

Contractor shall remove from the tree trimming limits all trimmings, laps, brush, and other debris produced during the Contractor’s performance of work by the end of each workday. Failure to remove all trimmings, laps, brush, and other debris by the end of each workday will result in liquidated damages in the amount of Three Hundred Fifty Dollars ($350.00) per occurrence.

Given the nature of tree trimming, operators shall take great care not to damage or destroy property owners’ landscaping. Routes should be reviewed by the Contractor prior to beginning work and any questions should be discussed with the Engineer or his duly authorized representative. Decisions regarding re-trimming of routes or portions thereof are the responsibility of the Engineer and his decision shall be final.

Locations requiring a “Full Lane Closure” shall be discussed and approved by the Engineer prior to beginning work.

The Contractor is advised that there are no guaranteed minimum quantities.

Measurement and Payment

Payment for work described by this provision will be paid as the actual length of shoulder miles satisfactorily trimmed and accepted by the Engineer during the life of the project. Costs for additional materials, tools and equipment needed to support the tree trimming operation detailed above are considered incidental. Such price and payment shall be full compensation for tree trimming operations as described by the Contract heading Tree Trimming.

Payment will be made under the following items:

Pay Items Pay Unit Telescopic Boom Trimming SMI

REQUIRED EQUIPMENT

Telescopic Boom Trimmer

The contractor shall provide a 4-wheel drive tree trimmer with rubber tires, telescoping boom and competent operator for assigned work. The Telescopic Boom Trimmer shall be rated at a minimum of 90 horsepower and must have a telescoping boom capable of extending to 60 feet with cutting blade that is 24 inches or greater in diameter.

Equipment models and specifications must be approved by the Engineer prior to beginning work. The Kershaw SkyTrim 75 and Jarraff 4WD models are pre-approved for use. The tree trimmer shall be in good working condition equipped with all required safety guards present and functional.

Brush Chipper w/ Chip Truck

The contractor shall provide a brush chipper with truck and competent operator for assigned work. The brush chipper and truck shall be in good working order equipped with all required guards and safety devices. The brush chipper must be self-powered and provide a minimum tree limb capacity of 12 inches in diameter. The truck must be rated to legally tow the chipper and come equipped with an enclosed box having a minimum volume of 7 cubic yards.

Proposal No. 54-CA-05-PR7124 15 May 30, 2024

Handheld Tools At a minimum, the contractor shall provide the following handheld tools in good working condition: (2) gas powered chainsaws with working chain brakes and sufficient bar lengths, (1) backpack leaf blower, and other handheld tools necessary to perform work as described by the Contract.

* Each saw operator shall be equipped with all personal protective equipment required by 29 CFR 1910.242, for such operations, including but not limited to: head protection, hearing protection, eye/face protection, leg protection, foot protection and hand protection.

The Contractor shall furnish all equipment in good operating condition and operated by properly trained and qualified personnel. A minimum of one (1) Telescopic Boom Trimmer is required to be present and operating within all work zones. Contractor shall incur charges of Three Hundred Fifty Dollars ($350.00) per working day for failure to field all Required Equipment as outlined above.

NOTE: The bidder shall attach to his bid a complete description of the equipment which he plans to use to accomplish the work. This description shall include the horsepower, model, year, and capacity.

SELECTIVE VEGETATION REMOVAL (SVR):

The work covered by this special provision includes all areas within the right of way from the edge of pavement to the natural timberline or 50 whichever comes first. The Engineer will select and coordinate work site locations and provide a marked map to the Contractor. All work must be accomplished during daylight hours.

Night work will not be permitted.

Remove and satisfactorily dispose of debris, dead, partially dead or broken vegetation, selected living trees and undesirable living undergrowth from areas indicated on the plans. This work includes the proper chipping or disposal of removed material, herbicidal treatment of stumps and repairing any vegetation or other items damaged during the work process. It is the intent of the Department that shredded tree material, as a result of mechanical clearing or grinding methods shall be allowed to remain on site but should be spread evenly along right of way slopes behind ditch lines.

Remove all logs, stumps, snags, loose roots, down timber, slabs, tree laps, lumber, dead or partially dead trees, broken trees or brush, dead brush, sawdust piles, discarded fences, leaf piles, brick, tile masonry and all other debris as directed by the Engineer from the cleanup areas. Remove all living undergrowth unless designated to retain on the plans or directed by the Engineer. All woody plants less than 8” in diameter, measured at a height of 4.5 feet above ground shall be classified as vegetation. Cut all dead trees, stumps snags, broken or partially dead trees and brush, flush with the ground. Remove vegetation which dies between initial cleanup and completion of the project before final acceptance. Hand raking of areas or removal of a normal leaf layer is not required unless stated in the contract.

Remove trees/shrubs designated by the Engineer to be removed by cutting flush to the ground. Remove any broken branches and rough edges of scarred trees or shrubs. Prune and shape these areas in accordance with currently accepted practices and the International Society of Arboriculture pruning techniques.

Pruning shall be done to remove dead, damaged, broken, decayed or diseased limbs; to shape the tree both aesthetically and structurally if and as directed by the Engineer and to lift the canopy clearance to approximately twelve feet if directed by the Engineer. No live branches greater than 6 inches in diameter shall be removed from the tree without permission of the Engineer. Pruning cuts shall be in accordance with ANSI A300 pruning standards.

Climbing spurs shall not be used when climbing trees. No equipment or work practices that damage bark or cambium shall be allowed. Avoid rope injury from loading out heavy limbs.

All work shall be performed by workers trained in accordance with ANSI Z133.1 safety regulations as required by OSHA

Proposal No. 54-CA-05-PR7124 16 May 30, 2024

Dispose of all material cleaned up under this provision in accordance with the applicable requirements of Section 200-5 and 802-2 of the Standard Specifications.

Conduct operations so as to prevent injury to trees, shrubs or other types of vegetation that are to remain and to prevent damage to adjacent property. The Contractor shall take every means necessary to ensure that all trees are dropped away from the roadway and/or structures.

All vegetative debris, unless deemed unsuitable by the Engineer, may be chipped on site and distributed evenly within the wooded natural areas specified by the Engineer. Chips shall not be distributed within 6” of the base of any living tree or left in mounds greater than 6” in depth. The contractor shall receive no additional compensation for the chipping, distribution or removal of vegetative debris.

Selective Undergrowth Removal and Cleanup will be measured and paid in acres completed and accepted, measured along the surface of the ground. The quantity of Selective Vegetation Removal is an estimate only; it may be increased or decreased at the direction of the Engineer.

Payment will be made under:

SELECTIVE VEGETATION REMOVAL (SVR) …………………………………Acre (AC)

HAZARDOUS, CONTAMINATED, AND/OR TOXIC MATERIAL

The Contractor’s personnel shall not be responsible for removing hazardous materials from the right-of-ways, but shall notify an NCDOT representative as soon as possible.

When the Contractor’s operations encounter or expose any abnormal condition which may indicate the presence of a hazardous, contaminated, and/or toxic material, such operations shall be discontinued in the vicinity of the abnormal condition and the Engineer shall be notified immediately.

The Contractor will not be responsible for the clean-up and removal of dead animals. If this situation is encountered, the Contractor shall contact the Engineer as directed.

EROSION CONTROL

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

TRAFFIC CONTROL AND WORK ZONE SAFETY

The Contractor shall maintain traffic during construction and shall provide, install, and maintain all traffic control devices in accordance with these project guidelines, the Project Special Provisions, North Carolina Department of Transportation Standard Specifications for Roads and Structures, North Carolina Department of Transportation Roadway Standards Drawings, and the most current edition of the MUTCD.

The Contractor's attention is directed to Section 1101.01 of the North Carolina Department of Transportation Roadway Standards Drawings. The Contractor shall utilize complete and proper traffic control 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

Proposal No. 54-CA-05-PR7124 17 May 30, 2024 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.

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 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 of the Standard Specifications.

No direct payment will be made for signing and traffic control items including Truck Mounted Impact Attenuators (TMIA - see Section 1165 of the Standard Specifications and the Roadway Standard Drawings). Traffic control and traffic control devices will be considered incidental to the various other bid items in the contract.

NOTE: Traffic Control Drawing Specifications as found in the Roadway Standard Drawings are to be used as a guide for reference only and are not to be considered a “best fit” for all traffic control situation s. The Contractor is required to discuss any “Lane Closure” plans with the Engineer to ensure that specific circumstances are addressed.

TRAFFIC…