54-SH-04-PR18761 Division 4 Landscape Maintenance Proposal 2025.pdf

February 17, 2025 Proposal No. 54-SH-04-PR18761

STATE OF NORTH CAROLINA

DEPARTMENT OF TRANSPORTATION

REQUEST FOR PROPOSAL

DATE AND TIME OF BID OPENING: MARCH 10, 2025 AT 2:00 P.M.

BID PROPOSAL NO.: 54-SH-04-PR18761

WBS ELEMENT NO.: VARIOUS

COUNTIES: EDGECOMBE, HALIFAX, JOHNSTON, NASH, NORTHAMPTON,

WAYNE AND WILSON – DIVISION 4

TYPE OF WORK: PROFESSIONAL LANDSCAPE PLANT BED AND MOWING

MAINTENANCE

DATE OF AVAILABILITY: MAY 1, 2025

COMPLETION DATE: APRIL 30, 2026

PRE-QUALIFICATION MANDATORY

PROPOSAL

FOR THE CONSTRUCTION OF

BID NO. 54-SH-04-PR18761 IN DIVISON 4 – EDGECOMBE, HALIFAX, JOHNSTON, NASH,

NORTHAMPTON, WAYNE AND WILSON COUNTIES, NORTH CAROLINA

FEBRUARY 17, 2025

DEPARTMENT OF TRANSPORTATION,

RALEIGH, NORTH CAROLINA

The Bidder has carefully examined the location of the proposed work to be known as BID NO 54-SH-04-PR18761; 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 bound upon his execution of the bid and subsequent award to him by the Department of Transportation in accordance with this proposal. 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-SH-04-PR18761 in Division 4 – Edgecombe, Halifax, Johnston, Nash, Northampton, Wayne and Wilson Counties, 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.

TABLE OF CONTENTS

PROJECT SPECIAL PROVISIONS - GENERAL PAGE NO.

Description 5 Scope of Contract 5 Pre-Qualification 6 Contract Time 6 Liquidated Damages 6 Intermediate Contract Time Number 1 and Liquidated Damages 7 Plan, Detail and Quantity Adjustments 7 Award of Contract 7 Authority of the Engineer 8 Performance Guarantee 8 Insurance 8 Subletting of Contract 8 Bond Requirements 8 Notification of Operations 8 Prosecution and Progress 9 Temporary Suspension of the Work 9 Traffic Control and Work Zone Safety 9 Safety and Accident Protection 10 Site Investigation and Representation 11 Inspection 11 Supervision by Contractor 11 Laws to be Observed 11 Responsibility for Damage Claims 12 Declaration of Default 12 Prompt Payment 12 Payment and Retainage 12 No Major Contract Items 13 No Specialty Items 13 Utility Conflicts 13 Driveways and Private Property 13 Outsourcing Outside the USA 13 Minority Business Enterprise and Women Business Enterprise (Divisions) 13

PROJECT SPECIAL PROVISIONS - ROADWAY PAGE NO.

Description of Work 24 General 24 Plantings 24 Mulching 26 Pesticide Usage 26 Litter 27 Mowing/Trimming/Edging 27 Personnel 28 Equipment Conditions 28 Protection and Restoration of Property 29 Cooperation Between Contractors 29 Damages 29 Landscape Plant Bed Maintenance and Mowing 30

Weigh Station(s) Grounds Maintenance 30 Acceptance 30 Basis of Award 31 Method of Measurement 31 Basis of Payment 31

STANDARD SPECIAL PROVISIONS PAGE NO.

Availability of Funds – Termination of Contracts 32 Wages and Conditions of Employment 32 Minimum Wages 32 Erosion Control 33 Work Zone Signing 33 Plant and Pest Quarantines 33 Title VI and Nondiscrimination 34

APPENDIX PAGE NO.

Plant Bed Locations 41 NCDOT Pesticide Daily Application Report 45

INSTRUCTIONS TO BIDDERS PAGE NO.

Bid Proposals 46 Preparation and Submission of Traditional Paper Bids 46 Delivery of Bids 47 Opening of Bids 47

BID SUBMITTAL PACKAGE PAGE NO.

Cover Sheet 1 Contractor’s Contact Information 2 Contract Bid Form 3 Listing of MBE/WBE Subcontractors 4 List of Equipment 5 Contractor's Work Experience and References 6 Bidder’s Current NCDA Pesticide License 7 Execution of Bid Non-Collusion, Debarment and Gift Ban Certification 8 Bid Submittal Package Checklist 16

PROJECT SPECIAL PROVISIONS – GENERAL

DESCRIPTION

This project is for Professional Landscape Plant Bed and Mowing Maintenance for various sites in Edgecombe, Halifax, Johnston, Nash, Northampton, Wayne and Wilson Counties in Division Four. For further description, see Plant Bed Locations in the Appendix.

SCOPE OF CONTRACT

Landscaped plant bed sites serve as an aesthetic focal point along North Carolina’s highway transportation network. They provide color, texture, space definition, and other benefits enjoyed by the traveling public. In North Carolina, climatic conditions favor growing a wide variety of ornamental landscape plants and a rich palette of native plants. Careful management of these living assets is required to continue the heritage and maintain the value of this significant plant collection.

Landscape plant bed sites have been designed, constructed, and should be maintained in a manner that is aesthetically pleasing, that follows generally accepted environmental stewardship practices, protects the investment and enhances the ecosystem function. Plant bed sites shall be maintained to a consistent standard for maximum efficiency of resources.

The N.C. Department of Transportation (hereinafter referred to as “Department”) is seeking the services of a Landscape Contractor or Grounds Maintenance Company to provide Professional Landscape Plant Bed and Mowing Maintenance consisting of but not limited to labor, supervision, equipment and supplies as specified herein.

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. Unless otherwise modified, all the 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.

All work and materials shall be in accordance with the provisions of the General Guidelines of this contract, the Project Special Provisions, the North Carolina Department of Transportation Standard Specifications for Roads and Structures 2024, the North Carolina Department of Transportation Roadway Standards Drawings, and the current edition of the Manual of Uniform Traffic Control Devices (MUTCD).

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/specifications-and-special-provisions.aspx.

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.

http://mutcd.fhwa.dot.gov/

PRE-QUALIFICATION

Firms that wish to bid on these projects as the prime contractor must be pre-qualified as either a Bidder or POC Prime Contractor prior to submitting the bid. Firms that wish to perform as a subcontractor to the prime contractor must be pre-qualified prior to beginning work on the project. Information regarding the requirements to become pre-qualified as a Bidder POC Prime Contractor, including the application to become pre-qualified, can be found at the following website:

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

If unsure as to whether a firm is currently pre-qualified by NCDOT through Contractual Services Management, search the Directory of Transportation Firms at the following website: https://apps.dot.state.nc.us/vendor/directory/. Bids received from firms that are not pre-qualified as Bidders or POC Prime Contractors through NCDOT Contractual Services Management will not be opened.

Bidders must renew their pre-qualification or re-qualify each year. It is the bidder’s responsibility to ensure that their existing pre-qualification status does not lapse prior to bid opening (or beginning work as a subcontractor). Advance notification of pending renewal dates is not guaranteed.

CONTRACT TIME

The date of availability for this contract will be May 1, 2025.

This project is to be awarded, if the award is to be made in the discretion of the Department, within thirty (30) days after the opening of bids.

The completion date for this contract is one (1) year from date of availability.

Extension of Contract: At the sole option and discretion of the contracting agency, North Carolina Department of Transportation (NCDOT), and upon written notification, this contract may be extended for four (4) additional periods, one

(1) year each, (maximum of five (5) years total). Upon receipt of notification, the Contractor will be given fifteen (15) days to reply as to acceptance or rejection of an extension. If a reply is not received from the Contractor within fifteen

(15) days, NCDOT reserves the right not to extend. Each line item bid price will be increased for each one-year extension by two (2) percent of the current price. No changes in the terms, conditions, etc. of this contract will be made when an extension to the contract is implemented. The Contractor will be notified ninety (90) days before expiration of the contract if NCDOT chooses not to offer an extension.

NOTE: In order to extend the contract, proof of insurance coverage must be received by the Department's Purchasing Office thirty (30) days prior to the expiration of the current contract.

LIQUIDATED DAMAGES

The Contractor shall complete the work required for each Landscape Plant Bed Maintenance and Mowing Cycle on all sites identified in the proposal documents and shall place and maintain traffic on same.

Liquidated damages shall be Five Hundred Dollars ($500.00) per calendar day for:

1. Failure to maintain locations in the agreed-upon order each cycle;

2. Failure to maintain in a continuous and uninterrupted manner during each cycle;

3. Maintenance during unauthorized times;

4. Failure to complete any cycle within the fourteen (14) day limitation;

5. Failure to not complete a cycle by the last day of any month (in this case, the Contractor would proceed to finish the cycle after the last day of the month and liquidated damages would continue to accrue);

6. Failure to perform litter removal;

7. Any other breach of contract conditions.

https://connect.ncdot.gov/business/Prequal/Pages/default.aspx https://apps.dot.state.nc.us/vendor/directory/

INTERMEDIATE CONTRACT TIME NUMBER 1 AND LIQUIDATED DAMAGES

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 Two Hundred Fifty Dollars ($250.00) per hour or portion thereof that the Contractor operates outside of the work hours as stated above.

PLAN, DETAIL AND QUANTITY ADJUSTMENTS

The Contractor must cooperate with State forces working within the limits of this project as directed by the Engineer. The Department reserves the right to make, at any time during the progress of the work, such alterations in plans or the details of construction as may be found necessary or desirable by the Engineer to complete the project.

AWARD OF CONTRACT

“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 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 additional information from any or all bidders regarding the bidder’s proposal, qualifications, experience, and ability to perform the required work 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. 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.

AUTHORITY OF THE ENGINEER

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

BOND REQUIREMENTS

The provisions of Articles 102-10 and 103-7 of the Standard Specifications for Roads and Structures are waived for this project. No bonds required.

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.

SUBLETTING OF CONTRACT

If a Contractor desires to sublet any work, written consent must be given by the Engineer. The approval of any subcontract will not release the Contractor of liability under the contract, nor will the subcontractor or the second tier subcontractor have any claim against NCDOT by reason of the approval of the subcontract.

Subcontracting the application of pesticides will not be permitted in this contract.

PERFORMANCE OF WORK

The Contractor's attention is directed to the need for the timely performance of services provided for under this contract.

The aesthetic appearance of the site and its reflection on the North Carolina Department of Transportation as well as the safety and convenience of the public is the essence of the service.

NOTIFICATION OF OPERATIONS

The Contractor shall notify the Engineer forty-eight (48) hours in advance of beginning work on this project. The Contractor shall give the Engineer sufficient notice of all operations for any sampling, inspection or acceptance testing required.

The Contractor shall incur immediate Liquidated Damages in the amount of Five Hundred Dollars ($500.00) for each occurrence for failure to comply with this provision.

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.

It is the intent of the Department that the Contractor’s crew complete the work required on a site before beginning work at another site.

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.

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.

The Contractor's operations are restricted to daylight hours. No work may be performed on Saturdays, Sundays and legal State holidays unless approved by the Engineer. Work shall only be performed when weather and visibility conditions allow safe operations. Allowable work hours typically take place Monday through Friday from 9:00 a.m. to 4:00 p.m.

while working on high volume roads. High volume roads will be determined by the Engineer.

TEMPORARY SUSPENSION OF THE 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.

No extension of the completion date will be allowed for the above suspensions except as may be provided for in Article 108-10.

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.

Install and maintain signing in accordance with Divisions 11 and 12 of the Standard Specifications, the Roadway Standard Drawings and the following provisions:

Furnish, install, maintain and remove advance warning work zone signs and any required lane closure signing.

The Contractor shall install SHOULDER WORK AHEAD (W10-10) portable signs prior to beginning work. They should be mounted on the right shoulder in advance of the mower(s) and shall be relocated regularly to maintain an effective distance. Signs shall be displayed only while work is underway. 48” x 48” signs shall be used. On high speed, high volume roadways, signs shall be mounted 5’ above the ground surface. Signs must conform to the current edition of the Manual of Uniform Traffic Control Devices (MUTCD). All work zone signs may be portable.

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.

All Contractors' personnel, all subcontractors and their personnel, and any material suppliers and their 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) at all times while on the project.

The Contractor shall incur immediate Liquidated Damages in the amount of Two Hundred Fifty Dollars ($250.00) for each occurrence, for failure to comply with this provision, which includes prohibiting the safety vests being blocked from view by backpacks, etc.

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.

No direct payment will be made for providing signing and traffic control item(s), as the cost of same will be considered incidental to the work being paid for under those various pay item(s) that have been included.

The Contractor shall incur immediate Liquidated Damages in the amount of Five Hundred Dollars ($500.00) for each occurrence for failure to provide work zone signing as specified before commencement of operations. The Contractor shall incur immediate Liquidated Damages in the amount of is Two Hundred Fifty Dollars ($250.00) for each occurrence for failure to remove work zone signing at the end of the day.

The Contractor shall incur immediate Liquidated Damages in the amount of Five Hundred Dollars ($500.00) for each occurrence for failure to provide operational lighting and signing on all equipment as specified.

SAFETY AND ACCIDENT PROTECTION

In accordance with 107-21 of the Standard Specifications. 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.

SITE INVESTIGATION AND REPRESENTATION

By signing the proposal documents, the Contractor acknowledges that:

(A) He understands the nature of the work and general and local conditions, particularly those bearing on transportation;

(B) He is familiar with the availability and cost of labor and materials;

(C) He will to adhere to State regulations for safety and security of property, roads, and facilities;

(D) He is able to prosecute the work in accordance with all applicable local, state and federal rules and regulations, and;

(E) He has thoroughly investigated the project site(s).

Any failure on the part of the Contractor to acquaint himself with all available information shall not relieve him from the responsibility of any aspect of the contracting process. No adjustment in contract time or contract prices will be made due to the Contractor’s negligence to familiarize himself with the contract or project site(s).

INSPECTION

All work shall be subject to inspection by the engineer at any time. Routinely, the engineer will make periodic inspections of the completed work. It will be the responsibility of the contractor to keep the engineer informed of his proposed work plan and to submit written reports of work accomplished on a frequency to be determined by the engineer.

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 hours’ 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.

LAWS TO BE OBSERVED

In accordance with 107-1 of the Standard Specifications. The Contractor shall keep himself fully informed of all Federal and State laws, all local laws, ordinances, and regulations, and all orders and decreed of bodies or tribunals having any jurisdiction or authority which may in any manner affect those engaged or employed in the work, or which in any way affect the conduct of the work. He shall at all times observe and comply with all such laws, ordinances, regulations, orders, and decrees; and shall indemnify and hold harmless the Board of Transportation and the Department of Transportation and their agents and employees from any claim or liability arising from or based on the violation of any such law, ordinance, regulations, order, or decree, by the Contractor or by his agents and employees.

RESPONSIBILITY FOR DAMAGE CLAIMS

In accordance with 107-14 of the Standard Specifications. The Contractor shall indemnify and save harmless the Board of Transportation and its members and the Department of Transportation and its officers, agents, and employees from all suits, actions, or claims of any character brought for any injury or damages received or sustained by any person, persons, or property by reason of any act of the Contractor, Subcontractor, its agents or employees, in the performance of the contract.

DECLARATION OF DEFAULT

The Department shall have the right to declare a default of contract for breach by the Contractor of any material term or condition of the contract. Material breach by the Contractor shall include, but specifically shall not be limited to failure to begin work under the contract within the time specified; failure to provide workmen or equipment adequate to perform the work; unsatisfactory performance of the work, failure to maintain satisfactory work progress, or failure to maintain a valid pesticide license. Default of contract shall be in accordance with the terms, conditions, and procedures of Article 108-9 of the Standard Specifications.

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 as they appear on the Purchase Order. The Engineer shall verify the quantities submitted on the invoice prior to payment. 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 requests for payment shall be submitted to the Division Roadside Environmental Engineer’s Office.

N.C. Department of Transportation Roadside Environmental Office

Attn: Bryant Adams P.O. Box 3165

Wilson, NC 27895

Invoices must be electronically scanned and the image is transmitted to the Purchasing Unit to verify payment. To avoid confusion and delay of payments, each invoice should have a unique Invoice Number. In addition, the invoice should be positively identified and associated with the Purchase Order including the Contract Number on the invoice.

Invoices shall not be processed for payment without the accompanying FORM DBE-IS. If there is no participation at the time of a planned pay request, enter “zero” or “no participation this period” and submit the form with the invoice.

NO MAJOR CONTRACT ITEMS

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

NO SPECIALTY ITEMS

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

UTILITY CONFLICTS

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.

DRIVEWAYS AND PRIVATE PROPERTY

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

OUTSOURCING OUTSIDE THE USA

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.

MINORITY BUSINESS ENTERPRISE AND WOMEN BUSINESS ENTERPRISE (DIVISIONS):

(10-16-07)(Rev. 5-9-24) 102-15(J) SP1 G67

Description

The purpose of this Special Provision is to carry out the North Carolina Department of Transportation’s policy of ensuring nondiscrimination in the award and administration of contracts financed in whole or in part with State funds.

Definitions

Additional MBE/WBE Subcontractors - Any MBE/WBE submitted at the time of bid that will not be used to meet the Combined MBE/WBE goal. No submittal of a Letter of Intent is required.

Combined MBE/WBE Goal: A portion of the total contract, expressed as a percentage that is to be performed by committed MBE/WBE subcontractors.

Committed MBE/WBE Subcontractor - Any MBE/WBE submitted at the time of bid that is being used to meet the Combined MBE / WBE goal by submission of a Letter of Intent. Or any MBE or WBE used as a replacement for a previously committed MBE or WBE firm.

Contract Goal Requirement - The approved participation at time of award, but not greater than the advertised Combined MBE/WBE contract goal.

Goal Confirmation Letter - Written documentation from the Department to the bidder confirming the Contractor's approved, committed participation along with a listing of the committed MBE and WBE firms.

Manufacturer - A firm that owns (or leases) and operates or maintains a factory or establishment that produces on the premises, the materials or supplies obtained by the Contractor. A firm that makes minor modifications to the materials, supplies, articles, or equipment is not a manufacturer.

MBE Participation (Anticipated) - A portion of the total contract, expressed as a percentage that is anticipated to be performed by committed MBE subcontractor(s).

Minority Business Enterprise (MBE) - A firm certified as a Disadvantaged Minority-Owned Business Enterprise through the North Carolina Unified Certification Program.

Regular Dealer - A firm that owns (or leases), and operates a store, warehouse, or other establishment in which the materials or supplies required for the performance of the contract are bought, kept in sufficient quantities, and regularly sold to the public in the usual course of business. A regular dealer engages in, as its principal business and in its own name, the purchase and sale or lease of the products in question. A regular dealer in such bulk items as steel, concrete or concrete products, gravel, stone, asphalt and petroleum products need not keep such products in stock, if it owns and operates distribution equipment for the products. Any supplement of regular dealers’ own distribution equipment shall be by a long-term operating lease and not on an ad hoc or contract-by-contract basis.

Distributor – A firm that engages in the regular sale or lease of the items specified by the contract. A distributor assumes responsibility for the items it purchases once they leave the point of origin (e.g., a manufacturer’s facility), making it liable for any loss or damage not covered by the carrier’s insurance.

Replacement / Substitution – A full or partial reduction in the amount of work subcontracted to a committed (or an approved substitute) MBE/WBE firm.

North Carolina Unified Certification Program (NCUCP) - A program that provides comprehensive services and information to applicants for MBE/WBE certification. The MBE/WBE program follows the same regulations as the federal Disadvantaged Business Enterprise (DBE) program in accordance with 49 CFR Part 26.

United States Department of Transportation (USDOT) - Federal agency responsible for issuing regulations (49 CFR Part 26) and official guidance for the DBE program.

WBE Participation (Anticipated) - A portion of the total contract, expressed as a percentage that is anticipated to be performed by committed WBE subcontractor(s).

Women Business Enterprise (WBE) - A firm certified as a Disadvantaged Women-Owned Business Enterprise through the North Carolina Unified Certification Program.

Forms and Websites Referenced in this Provision

Payment Tracking System - On-line system in which the Contractor enters the payments made to MBE and WBE subcontractors who have performed work on the project. https://apps.dot.state.nc.us/Vendor/PaymentTracking/

DBE-IS Subcontractor Payment Information - Form for reporting the payments made to all MBE/WBE firms working on the project.

This form is for paper bid projects only. https://connect.ncdot.gov/business/Turnpike/Documents/Form%20DBE- IS%20Subcontractor%20Payment%20Information.pdf

RF-1 MBE/WBE Replacement Request Form - Form for replacing a committed MBE or WBE.

https://connect.ncdot.gov/projects/construction/Construction%20Forms/DBE%20MBE%20WBE%20Replacement%20Form%20and %20Instructions.pdf

SAF Subcontract Approval Form - Form required for approval to sublet the contract.

https://connect.ncdot.gov/projects/construction/Construction%20Forms/SAF%20Form%20- %20Subcontract%20Approval%20Form%20Revised%2004-19.xlsm https://apps.dot.state.nc.us/Vendor/PaymentTracking/ https://connect.ncdot.gov/business/Turnpike/Documents/Form%20DBE-IS%20Subcontractor%20Payment%20Information.pdf https://connect.ncdot.gov/business/Turnpike/Documents/Form%20DBE-IS%20Subcontractor%20Payment%20Information.pdf https://connect.ncdot.gov/projects/construction/Construction%20Forms/DBE%20MBE%20WBE%20Replacement%20Form%20and%20Instructions.pdf https://connect.ncdot.gov/projects/construction/Construction%20Forms/DBE%20MBE%20WBE%20Replacement%20Form%20and%20Instructions.pdf https://connect.ncdot.gov/projects/construction/Construction%20Forms/SAF%20Form%20-%20Subcontract%20Approval%20Form%20Revised%2004-19.xlsm https://connect.ncdot.gov/projects/construction/Construction%20Forms/SAF%20Form%20-%20Subcontract%20Approval%20Form%20Revised%2004-19.xlsm

JC-1 Joint Check Notification Form - Form and procedures for joint check notification. The form acts as a written joint check agreement among the parties providing full and prompt disclosure of the expected use of joint checks.

http://connect.ncdot.gov/projects/construction/Construction%20Forms/Joint%20Check%20Notification%20Form.pdf

Letter of Intent - Form signed by the Contractor and the MBE/WBE subcontractor, manufacturer or regular dealer that affirms that a portion of said contract is going to be performed by the signed MBE/WBE for the estimated amount (based on quantities and unit prices) listed at the time of bid.

http://connect.ncdot.gov/letting/LetCentral/Letter%20of%20Intent%20to%20Perform%20as%20a%20Subcontractor.pdf

Listing of MBE and WBE Subcontractors Form - Form for entering MBE/WBE subcontractors on a project that will meet the Combined MBE/WBE goal. This form is for paper bids only.

http://connect.ncdot.gov/municipalities/Bid%20Proposals%20for%20LGA%20Content/09%20MBE- WBE%20Subcontractors%20(State).docx

Subcontractor Quote Comparison Sheet - Spreadsheet for showing all subcontractor quotes in the work areas where MBEs and WBEs quoted on the project. This sheet is submitted with good faith effort packages.

http://connect.ncdot.gov/business/SmallBusiness/Documents/DBE%20Subcontractor%20Quote%20Comparison%20Example.xls

DBE Regular Dealer/Distributor Affirmation Form – Form is used to make a preliminary counting determination for each DBE listed as a regular dealer or distributor to assess its eligibility for 60 or 40 percent credit, respectively of the cost of materials or supplies based on its demonstrated capacity and intent to perform as a regular dealer or distributor, as defined in section 49 CFR 26.55 under the contract at issue. A Contractor will submit the completed form with the Letter of Intent.

https://connect.ncdot.gov/projects/construction/Construction%20Forms/DBE%20Regular%20Dealer- Distributor%20Affirmation%20Form%20-%20USDOT%202024.pdf

Combined MBE/WBE Goal

The Combined MBE/WBE Goal for this project is zero 0 %

The Combined Goal was established utilizing the following anticipated participation for Minority Business Enterprises and Women Business Enterprises:

(A) Minority Business Enterprises zero 0 %

(1) If the anticipated MBE participation is more than zero, the Contractor shall exercise all necessary and reasonable steps to ensure that MBEs participate in at least the percent of the contract as set forth above.

(2) If the anticipated MBE participation is zero, the Contractor shall make an effort to recruit and use MBEs during the performance of the contract. Any MBE participation obtained shall be reported to the Department.

(B) Women Business Enterprises zero 0 %

(1) If the anticipated WBE participation is more than zero, the Contractor shall exercise all necessary and reasonable steps to ensure that WBEs participate in at least the percent of the contract as set forth above.

(2) If the anticipated WBE participation is zero, the Contractor shall make an effort to recruit and use WBEs during the performance of the contract. Any WBE participation obtained shall be reported to the Department.

The Bidder is required to submit only participation to meet the Combined MBE/WBE Goal. The Combined Goal may be met by submitting all MBE participation, all WBE participation, or a combination of MBE and WBE participation.

Directory of Transportation Firms (Directory)

Real-time information is available about firms doing business with the Department and firms that are certified through NCUCP in the Directory of Transportation Firms. Only firms identified in the Directory as MBE and WBE certified shall be used to meet the Combined MBE / WBE goal. The Directory can be found at the following link.

https://www.ebs.nc.gov/VendorDirectory/default.html http://connect.ncdot.gov/projects/construction/Construction%20Forms/Joint%20Check%20Notification%20Form.pdf http://connect.ncdot.gov/letting/LetCentral/Letter%20of%20Intent%20to%20Perform%20as%20a%20Subcontractor.pdf http://connect.ncdot.gov/municipalities/Bid%20Proposals%20for%20LGA%20Content/09%20MBE-WBE%20Subcontractors%20(State).docx http://connect.ncdot.gov/municipalities/Bid%20Proposals%20for%20LGA%20Content/09%20MBE-WBE%20Subcontractors%20(State).docx http://connect.ncdot.gov/business/SmallBusiness/Documents/DBE%20Subcontractor%20Quote%20Comparison%20Example.xls https://connect.ncdot.gov/projects/construction/Construction%20Forms/DBE%20Regular%20Dealer-Distributor%20Affirmation%20Form%20-%20USDOT%202024.pdf https://connect.ncdot.gov/projects/construction/Construction%20Forms/DBE%20Regular%20Dealer-Distributor%20Affirmation%20Form%20-%20USDOT%202024.pdf

The listing of an individual firm in the directory shall not be construed as an endorsement of the firm’s capability to perform certain work.

Listing of MBE/WBE Subcontractors

At the time of bid, bidders shall submit all MBE and WBE participation that they anticipate to use during the life of the contract. Only those identified to meet the Combined MBE/WBE goal will be considered committed, even though the listing shall include both committed MBE/WBE subcontractors and additional MBE/WBE subcontractors. Any additional MBE/WBE subcontractor participation above the goal will follow the banking guidelines found elsewhere in this provision. All other additional MBE/WBE subcontractor participation submitted at the time of bid will be used toward the Department’s overall race-neutral goals. Only those firms with current MBE and WBE certification at the time of bid opening will be acceptable for listing in the bidder's submittal of MBE and WBE participation. The Contractor shall indicate the following required information:

(A) Electronic Bids

Bidders shall submit a listing of MBE and WBE participation in the appropriate section of the electronic submittal file.

(1) Submit the names and addresses of MBE and WBE firms identified to participate in the contract. If the bidder uses the updated listing of MBE and WBE firms shown in the electronic submittal file, the bidder may use the dropdown menu to access the name and address of the firms.

(2) Submit the contract line numbers of work to be performed by each MBE and WBE firm. When no figures or firms are entered, the bidder will be considered to have no MBE or WBE participation.

(3) The bidder shall be responsible for ensuring that the MBE and WBE are certified at the time of bid by checking the Directory of Transportation Firms. If the firm is not certified at the time of the bid-letting, that MBE’s or WBE's participation will not count towards achieving the Combined MBE/WBE goal.

(B) Paper Bids

(1) If the Combined MBE/ WBE goal is more than zero,

(a) Bidders, at the time the bid proposal is submitted, shall submit a listing of MBE/WBE participation, including the names and addresses on Listing of MBE and WBE Subcontractors contained elsewhere in the contract documents in order for the bid to be considered responsive. Bidders shall indicate the total dollar value of the MBE and WBE participation for the contract.

(b) If bidders have no MBE or WBE participation, they shall indicate this on the Listing of MBE and WBE

Subcontractors by entering the word “None” or the number “0.” This form shall be completed in its entirety.

Blank forms will not be deemed to represent zero participation. Bids submitted that do not have MBE and WBE participation indicated on the appropriate form will not be read publicly during the opening of bids.

The Department will not consider these bids for award and the…