54-SH-05-PR18947 On-Call Litter-Debris Removal and Recycling Proposal Vance Warren 2025.pdf

Proposal No. 54-SH-05-PR18947 1 February 19, 2025

STATE OF NORTH CAROLINA

DEPARTMENT OF TRANSPORTATION

REQUEST FOR PROPOSAL

DATE AND TIME OF BID OPENING: MARCH 12, 2025 AT 2:00 P.M.

BID PROPOSAL NO.: 54-SH-05-PR18947

WBS ELEMENT NOS.: VARIOUS

COUNTIES: VANCE AND WARREN – DIVISION 5

LOCATION: VARIOUS INTERSTATE, PRIMARY AND SECONDARY

ROADS

TYPE OF WORK: LITTER/DEBRIS REMOVAL AND RECYCLING, UPON

REQUEST

DATE OF AVAILABILITY: MAY 1, 2025 OR UPON ISSUANCE OF A PURCHASE ORDER

COMPLETION DATE: APRIL 30, 2026

PRE-QUALIFICATION MANDATORY

Proposal No. 54-SH-05-PR18947 2 February 19, 2025

PROPOSAL

FOR THE CONSTRUCTION OF

BID NO. 54-SH-05-PR18947 IN VANCE AND WARREN COUNTIES – DIVISION 5, NORTH CAROLINA

FEBRUARY 19, 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-05-PR18947;

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-05-PR18947, 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 ac1cordance 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-SH-05-PR18947 3 February 19, 2025

TABLE OF CONTENTS

PROJECT SPECIAL PROVISIONS - GENERAL PAGE NO.

General 5 Pre-Qualification 5 Traffic Control Pre-Qualification 6 General Contractors Licensing Requirements 6 Bidding 6 Contract Time 6 Non-Exclusive Contract 7 Award of Contract 7 Basis of Award 7 Quantities Estimated 7 Bond Requirements 8 Intermediate Contract Time Number 1 and Liquidated Damages 8 Intermediate Contract Time Number 2 and Liquidated Damages 8 Progress and Prosecution 9 Traffic Control and Work Zone Safety 9 Safety Vests 10 Supervision by Contractor 10 Insurance 11 Responsibility for Damage Claims 11 Payment and Retainage 11

PROJECT SPECIAL PROVISIONS – ID/IQ PAGE NO.

Multi-Year Maintenance Contracts ID/IQ 13 Work Order Assignment 13 Mobilization and Liquidated Damages 13 Renewal of Contract 14 Dispute Resolution Process for ID/IQ 14

PROJECT SPECIAL PROVISIONS - ROADWAY PAGE NO.

Litter/Debris Removal and Recycling 15 Reporting 17 Hazardous, Contaminated, and/or Toxic Material 17 Notification of Work 17 Mobilization 17 Safety 17 Equipment Requirements 18 Equipment Idling Guidelines 18 Bid Items 19 Quality, Inspection and Basis of Acceptance 20 Method of Measurement 20 Basis of Payment 20 Minority Business Enterprise and Women Business Enterprise 21

STANDARD SPECIAL PROVISIONS PAGE NO.

Availability of Funds – Termination of Contracts 33 Authority of the Engineer 33 Minimum Wages 33 Erosion Control 34

Proposal No. 54-SH-05-PR18947 4 February 19, 2025

Work Zone Signing 34 Plant and Pest Quarantines 34 Bankruptcy 35 Subletting of Contract 35 Debarment Statement 35 Default of Contract 35 Cooperation between Contractors 35 No Major Contract Items 35 No Specialty Items 35 Utility Conflicts 35 Driveways and Private Property 36 Outsourcing Outside the USA 36 Title VI and Nondiscrimination 36

APPENDIX PAGE NO.

Work Zone Guidance for Litter/Debris Removal 44 General 44 Exceptions 45 Work Zone Signing 45 Sign Detail 46 Service Vehicles 47 Typical Sections 48 Operations Diagrams 49

INSTRUCTIONS TO BIDDERS PAGE NO.

Preparation and Submission of Traditional Paper Bids 57 Opening of Bids 58

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-SH-05-PR18947 5 February 19, 2025

PROJECT SPECIAL PROVISIONS - GENERAL

GENERAL

This contract is for litter/debris removal and recycling, upon request, on interstate, primary, and secondary roads and their interchanges in Vance and Warren Counties in Division Five. The notification shall be for a minimum of one half shoulder mile (may consist of more than one route within a county) of litter/debris collection with the following exceptions. Isolated Dump Sites may be required to be picked up separately outside of the notified pickup area(s). Isolated Bulk Items shall be required to be picked up separately outside of the notified pickup area(s). The Contractor is to provide all equipment, labor and material.

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

The Project Special Provisions, Project Standard Provisions, most current Standard Special Provisions, Manual of Uniform Traffic Control Devices (MUTCD), Provisions contained in the applicable Sections of the North Carolina Department of Transportation’s 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.

PRE-QUALIFICATION

Firms that wish to bid on this project as the prime contractor must be pre-qualified as either “Bidder” or “Purchase Order Contract (POC) Prime Contractor” prior to submitting the bid.

Information regarding the requirements to become pre-qualified as a Bidder or POC Contractor, including the application to become pre-qualified if not already 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://www.ebs.nc.gov/VendorDirectory/.

Bids received from firms that are not pre-qualified as a Bidder or POC Prime Contractor through NCDOT Contractual Services Management will not be opened.

https://connect.ncdot.gov/business/Prequal/Pages/default.aspx https://www.ebs.nc.gov/VendorDirectory/

Proposal No. 54-SH-05-PR18947 6 February 19, 2025

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.

TRAFFIC CONTROL PRE-QUALIFICATION

The Contractor performing the Work Zone Traffic Control (either as the prime contractor or as a subcontractor) will be required to be prequalified for the NCDOT Work Code “001105 Work Zone Traffic Control Devices”.

Note: The Contractor performing Work Zone Traffic Control shall have a minimum of one (1) NCDOT Certified Work Zone Supervisor. In order to become a Certified Work Zone Supervisor see information found at: https://connect.ncdot.gov/projects/WZTC/Pages/Training.aspx. At no time during the contract is the Contractor to be without a NCDOT Certified Work Zone Supervisor.

GENERAL CONTRACTORS LICENSING REQUIREMENTS

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

BIDDING

This contract will consist of seven (7) bid items:

1. Litter/Debris Removal and Recycling on Interstate Highways per Shoulder Mile. This item will be measured and paid by the Shoulder Mile. Bidders should bid by the Shoulder Mile.

2. Litter/Debris Removal and Recycling on Primary Divided Highways per Shoulder Mile. This item will be measured and paid by the Shoulder Mile. Bidders should bid by the Shoulder Mile.

3. Litter/Debris Removal and Recycling on Primary Undivided Highways per Shoulder Mile. This item will be measured and paid by the Shoulder Mile. Bidders should bid by the Shoulder Mile.

4. Litter/Debris Removal and Recycling on Secondary Divided Highways per Shoulder Mile. This item will be measured and paid by the Shoulder Mile. Bidders should bid by the Shoulder Mile.

5. Litter/Debris Removal and Recycling on Secondary Undivided Highways per Shoulder Mile. This item will be measured and paid by the Shoulder Mile. Bidders should bid by the Shoulder Mile.

6. Litter/Debris Removal and Recycling at Isolated Dump Sites per Each. This item will be measured and paid by Each. Bidders should bid by Each.

7. Litter/Debris Removal and Recycling of Isolated Bulk Items per Each. This item will be measured and paid by Each. Bidders should bid by Each.

CONTRACT TIME FOR ID/IQ:

(2-15-22) 108 SP1 G11

The date of availability for this contract is May 1, 2025

The completion date for this contract is April 30, 2026

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.

https://connect.ncdot.gov/projects/WZTC/Pages/Training.aspx

Proposal No. 54-SH-05-PR18947 7 February 19, 2025

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

NON-EXCLUSIVE CONTRACT

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

AWARD OF CONTRACT

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

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

All eligible proposals will be evaluated and acceptance made of the bid judged in the discretion of the contracting agency to determine the lowest responsible bidder for the purpose intended. The Contracting Agency using its discretion, will determine whether a bidder is a “responsible” bidder. In determining whether a bidder is “responsible, the Contracting Agency will evaluate, the bid price, completeness and content of the bid, Bidder’s related work experience, ability of the Bidder and staff to perform the services required, Bidder’s past performance, references, and Bidder’s financial stability. After opening bids and prior to award, the Contracting Agency may also seek supporting documentation prior to determining whether a bidder is a “responsible” bidder.

No changes in bid price or price negotiations will be allowed after bids are opened and prior to an award. After the Contracting Agencies evaluation, the award of the contract, if awarded, will be made to the lowest responsible bidder. The lowest responsible bidder will be notified that his bid has been accepted and that he has been awarded the contract. Withdrawal of proposal will be allowed only under limited conditions. If a Bidder is awarded a contract, he/she will be expected to perform the work. Failure to perform may result in the Bidder being held in default of contract. In the event of default, the Department may, in its discretion, contact the next lowest responsible bidder to determine whether that next lowest responsible bidder is willing and able to complete the contract at its bid price.

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

BASIS OF AWARD

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

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

QUANTITIES ESTIMATED

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

Proposal No. 54-SH-05-PR18947 8 February 19, 2025

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.

INTERMEDIATE CONTRACT TIME NUMBER 1 AND LIQUIDATED DAMAGES

The Contractor will be required to pick up the litter/debris and remove the trash bags from the specific location(s), as notified by the Department. The Contractor is required to mobilize and start litter/debris removal within seven

(7) days of the notification of said location(s). The Contractor will be required to prosecute the work in a continuous and uninterrupted manner from the time they begin the work until completion of litter removal at the location. In the event that the Contractor fails to mobilize and start the litter and trash bag removal within seven (7) days, liquidated damages will be assessed. In the event that the Contractor does not prosecute the work in a continuous and uninterrupted manner from the time they begin the work until completion of litter/debris removal at the location(s), liquidated damages will be assessed.

All litter collection and trash bag removal shall be complete within fourteen (14) days of notification of location(s) unless a shorter time frame is determined by the Engineer. In the event the Contractor fails to remove the litter and trash bags within the allotted time frame, liquidated damages will be assessed.

Liquidated damages for this contract are Two Hundred and Fifty Dollars ($250.00) for each twenty-four (24) hour period that the Contractor fails to mobilize and begin litter/debris removal after seven (7) days of the initial notification, as required by this contract.

Liquidated damages for this contract are Two Hundred and Fifty Dollars ($250.00) for each twenty-four (24) hour period that the Contractor fails to prosecute the work in a continuous and uninterrupted manner once litter/debris removal has begun.

Liquidated damages for this contract are Two Hundred and Fifty Dollars ($250.00) for each twenty-four (24) hour period that the Contractor fails to complete the litter collection and trash bag removal within the allotted time frame from the time of notification, as required by this contract.

The Contractor shall remove all bags and piles of refuse by the end of the work day unless approved by the Engineer or his/her representative. The liquidated damages for not complying with the removal of litter/debris will be Two Hundred Fifty Dollars ($250.00) per calendar day.

Any damages accessed under ICT #1 will be withheld from monies due the Contractor on the next partial payment for work accomplished and accepted.

INTERMEDIATE CONTRACT TIME NUMBER 2 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.

Proposal No. 54-SH-05-PR18947 9 February 19, 2025

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.

Hours of work are restricted to daylight hours. No work will be allowed on Sundays unless approved in writing 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.

PROGRESS AND PROSECUTION

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

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

The Contractor'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.

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

TRAFFIC CONTROL AND WORK ZONE SAFETY

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

Proposal No. 54-SH-05-PR18947 10 February 19, 2025

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

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

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

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

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

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

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

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

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

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

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

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

SAFETY VESTS

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

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

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.

Proposal No. 54-SH-05-PR18947 11 February 19, 2025

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.

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.

PAYMENT AND RETAINAGE

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

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

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

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

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

All requests for payment shall be submitted to:

Mr. Corey Sudderth Division Roadside Environmental Engineer N.C. Department of Transportation 2612 N. Duke Street Durham, NC 27704

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

Proposal No. 54-SH-05-PR18947 12 February 19, 2025

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

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

Unless otherwise specified, all contract pay items will be produced, placed and paid in accordance with the Standard Specifications.

Proposal No. 54-SH-05-PR18947 13 February 19, 2025

PROJECT SPECIAL PROVISIONS ID/IQ

MULTI-YEAR MAINTENANCE CONTRACTS (ID/IQ):

(4-20-21) (Rev. 4-19-22) SP1 G75

This contract is a multi-year maintenance contract let pursuant to the provisions of N.C. General Statute §136-28.1(b).

No minimum quantity of services is guaranteed to be awarded bidders under this contract. In accordance with N.C.

General Statute §136-28.1(b), an award in a maintenance contract may be for an amount less but shall not exceed $5,000,000 per year. No payments in excess of this amount will be disbursed, in accordance with the Statute.

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.

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.

Proposal No. 54-SH-05-PR18947 14 February 19, 2025

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

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

(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 additional periods of one year each (maximum (3) three years total). Each year shall have a limit of five million dollars ($5,000,000).

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 60 days prior to the contract end date if the contract may be extended. The Contractor must notify the Engineer in writing within 30 days of his acceptance or rejection of this offer. Failure on the part of the Contractor to reply will be received as a rejection of contract extension.

DISPUTE RESOLUTION PROCESS FOR ID/IQ:

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

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

(A) the contract for which bids were solicited;

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

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

(D) any other information deemed to be relevant.

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

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

http://www.bls.gov/cpi

Proposal No. 54-SH-05-PR18947 15 February 19, 2025

PROJECT SPECIAL PROVISIONS-ROADWAY

LITTER/DEBRIS REMOVAL AND RECYCLING

An abundance of non-organic trash in a multitude of forms is deposited daily along the roadsides of the designated highways. These conditions detract from the visual quality and/or safety of the roadside landscape.

This contract is for litter/debris removal and recycling upon request on interstate, primary and secondary roads and their interchanges within the State Maintained Highway System Right of Way in Division Five – Vance and Warren Counties.

All items include all traffic control necessary to provide a safe work area. The work shall include the furnishing of all equipment, tools, materials, transportation and labor necessary for the successful completion of the work.

No separate payment will be made for providing, installing, and maintaining traffic control devices, etc., or for any other cost associated with maintaining the control of traffic. Traffic control will be considered incidental to the contract, and will be included in the Bid Items as listed on the Contract Bid Form.

The designated area for litter/debris removal and recycling is the entire corridor from controlled access fence to controlled access fence, or right of way width, including the median and interchange areas, to the travel lane, as directed by the Engineer, except for along concrete barrier walls in medians. (Litter crew and vehicles are not allowed against median concrete barrier walls). The designated area for on call litter/debris removal and recycling on shoulders is the white edge line to the back of the right of way on outside shoulders, which includes paved shoulders. The designated area for on call litter/debris removal and recycling in medians is from yellow edge line to yellow edge line, which includes paved shoulders, except for all concrete barrier walls. This includes the mowing areas as well as non-mowing areas.

Isolated Dump Sites are defined as areas measuring less than one/tenth of a shoulder mile, with excessive litter/debris accumulation, as determined by the Engineer. These sites may or may not be within the notified pickup area(s).

Isolated Bulk Items are defined as items to be picked up separately outside of the notified pickup area(s), including Isolated Dump Sites. Isolated Bulk Items may include, but not limited to, appliances, tires, tire treads, furniture, cardboard, pallets, brick, concrete block, ladders, building materials, etc. as determined by the Engineer.

The Contractor should be prepared for removing litter/debris in roadside conditions including but not limited to wet areas, standing water, high grass, and slopes. Contractor will not be responsible for removing litter/debris in wooded areas or back slopes unless litter is visible from the roadway and/or ramps.

The operation of litter/debris pickup shall be on foot only. Vehicles as specified herein may be used for bag pickup.

The Contractor must complete one (1) litter/debris pickup area prior to moving to the next (not to exceed over 5 miles). The liquidated damages are One Hundred Dollars ($100.00) per incident for moving to the next area prior to completion of the existing area.

The Contractor shall provide adequate personnel and materials (litterbags) to remove litter/debris on all areas of the right-of-way or controlled access.

The operation shall include the pickup, removal and recycling of litter/debris and the disposal of same into state approved landfills and single-stream recycling facilities. Litter/debris items may consist of varied sizes of bottles, cans, paper, tires, tire pieces, lumber, vehicle parts, building supplies, metals, household furnishings, cardboard, plastics, ladders, brush and other items not considered normal to the right of way.

Proposal No. 54-SH-05-PR18947 16 February 19, 2025

The Contractor shall be responsible for locating and utilizing approved local landfills and recycling facilities so as not to impede the progress of the cleanup operation.

All collected litter/debris shall be containerized immediately and kept off of the traveled portions of the roadway, shoulders, and right-of-ways (including paved shoulders) during that day’s collection process. All collected litter that is small enough to be placed in a bag shall be bagged immediately. All collected litter that is too large for a bag shall be placed into a vehicle. Uncollected storage or stockpiling of litter/debris and recyclables (piles of litterbags, tires, tire debris, etc.) will not be permitted. At no time shall bags or collected litter/debris be allowed to remain on the right of way beyond the end of the work day.

All cost involved with the disposal of the litter/debris shall be included in the contract unit price for “Litter/Debris Removal and Recycling”. Vehicles for litter/debris removal activities shall at all times be parked off the pavement as close to the right-of-way fence as possible.

The Contractor’s personnel shall pickup and dispose of any litter/debris, not required to be recycled, in a landfill approved by North Carolina Division of Waste Management. Litter/debris may consist of any item not considered normal to the right-of-way. The Contractor will not be allowed to use NCDOT accounts at the landfills nor be allowed to dispose of the litter/debris in NCDOT trash containers on any NCDOT property.

The Contractor shall submit dumping ticket of the number of pounds of litter/debris not recycled to the Roadside Environmental Office with the Contractor’s invoice. Clean up shall not be considered accepted by the Department until the original DUMPING TICKET issued to the Contractor for disposing the materials picked up during the assigned work is presented to the Department’s inspector.

This contract shall be immediately terminated if the contractor is found guilty of illegal dumping. Work will be suspended if contractor is charged with illegal dumping.

The Contractor’s attention is directed to North Carolina General Statute 130A-309.10 (f) though (m). Per this statute, the Contractor performing litter clean up and removal shall be required to recycle, including, but not limited to, aluminum cans, glass bottles, plastic bottles, and rubber tires collected within the right of way. In an effort to align with efforts by the Department to recycle with litter removal, the Contractor shall participate in single-stream recycling. The Contractor shall be responsible for locating and utilizing single-stream recycling facilities for disposal of recyclable litter/debris removed from the right of way as part of the work of this contract. The Contractor may recycle at any public or commercial recycling facility so long as the facility has the ability to provide weight tickets.

Assistance in locating recycling facilities may be obtained on the following websites:

http://portal.ncdenr.org/web/deao/mrf, http://www.p2pays.org/dmrm/start.aspx, http://p2pays.org/localgov/ncwaste.html.

The Contractor shall utilize blue bags, similar to those used by the Department, for the collection of recyclable materials. The Contractor will not be allowed to use NCDOT accounts at the recycling facilities nor be allowed to dispose of the litter/debris in NCDOT recycling containers on any NCDOT property.

The Contractor shall submit weight tickets of the number of pounds of each of the recycled materials listed to the Roadside Environmental Office with the Contractor’s invoice. The North Carolina Department of Transportation will require evidence of reported recycling using weight tickets from the recycling facilities.

If the Contractor is not fulfilling the intent of the Department to participate in a recycling program it could result in termination of this contract.

The Engineer reserves the right to schedule litter/debris removal and recycling operations so as not to conflict with mowing and/or vegetation management operations. Any bags, litter, or debris that are not removed before mowing and are shredded by the mowers must still be removed.

http://portal.ncdenr.org/web/deao/mrf http://www.p2pays.org/dmrm/start.aspx http://p2pays.org/localgov/ncwaste.html

Proposal No. 54-SH-05-PR18947 17 February 19, 2025

REPORTING

The Contractor shall report online the amount of bags of litter/debris and recycling on the NCDOT Litter Management Website:

https://apps.ncdot.gov/LM

The Contractor is required to report all pickups on the date of the pickup. Payment for litter pickup invoiced will not be paid unless reported.

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.

NOTIFICATION OF WORK

The NCDOT will notify the Contractor of each location on the state highway system where litter collection and removal is required and the time frame in which the work is to be completed. Notification may be made by telephone or email and either method shall be considered sufficient. At the time of notification the Engineer shall inform the Contractor of the system type so that the Contractor can plan their operations and work zone traffic control. The Contractor shall notify the NCDOT by email when litter collection and trash bag removal is completed. All work shall be subject to inspection by the Engineer at any time.

Note: It is the responsibility of the Contractor to check and read emails. Failure by the Contractor to read emails will not void the formal notification date.

MOBILIZATION

The Contractor will be required to mobilize within the specified time frame as directed by the Engineer.

Mobilization shall be considered incidental to the other bid items in this contract. No direct payment will be made for Mobilization.

SAFETY

Contractor performing Work Zone Traffic Control shall have a minimum of one (1) NCDOT Certified Work Zone Supervisor. At no time during the contract is the Contractor to be without a NCDOT Certified Work Zone Supervisor. The NCDOT Certified Work Zone Supervisor must be on site during any traffic control activities that take place within the travel lane or otherwise alter the flow of traffic.

All stages of the litter/debris removal operation shall be accomplished in accordance with the “Work Zone Traffic Control Guidance for Litter/Debris Removal” in the Appendix. The NCDOT Certified Work Zone Supervisor shall submit traffic control plans for the approval of the Engineer, who may adjust or require additional control measures if warranted.

All…