54-SH-13-PR28806 McDowell I-40 Grounds Proposal 2026.pdf

Bid No. 54-SH-13-PR28806 1 McDowell County Grounds

STATE OF NORTH CAROLINA

DEPARTMENT OF TRANSPORTATION

REQUEST FOR PROPOSAL

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

BID QUESTIONS: NOVEMBER 26, 2025AT 5:00 P.M.

BID PROPOSAL NO.: 54-SH-13-PR28806

WBS ELEMENT NO.: 13RE.105938

COUNTY: MCDOWELL – DIVISION 13

LOCATION: I-40, MILE MARKER 82

TYPE OF WORK: PROFESSIONAL LAWN AND GROUNDS MAINTENANCE OF

REST AREAS

DATE OF AVAILABILITY: MARCH 1, 2026

COMPLETION DATE: FEBRUARY 28, 2027

SMALL BUSINESS CERTIFICATION MANDATORY

Bid No. 54-SH-13-PR28806 2 McDowell County Grounds

PROPOSAL

FOR THE CONSTRUCTION OF

BID NO. 54-SH-13-PR28806 IN MCDOWELL COUNTY – DIVISION 13, NORTH CAROLINA

NOVEMBER 20, 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-13-PR28806;

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-13-PR28806, 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.

Bid No. 54-SH-13-PR28806 3 McDowell County Grounds

TABLE OF CONTENTS

PROJECT SPECIAL PROVISIONS PAGE NO.

Project 4 Bid Questions 4 Eligibility to Bid 4 Small Business Enterprise (SBE) Contract 5 Prequalification 5 Contract Time and Completion Date 5 Performance Guarantee 6 Authority of the Engineer 6 Award of Contract 7 Insurance 7 Contract Cancellation Policies 9 Legal Relations and Responsibility to Public 11 Name and Location of Facilities 11 Terms and Definitions 12 Project Pre-Work Conference 12 Personnel Requirements 13 General Requirements 16 Safety Precautions 16 Maintenance of Grounds 18 Lawns 18 Plantings 21 Pesticide Usage 23 Clean Up 24 Damages 26 Department Responsibilities 27 Performance of Work 27 Standard Compensation Reduction Schedule for each Rest Area Site 29 Rest Area Non-Compliance Notification 30 Compensation & Basis of Payment 31 Use of Rest Areas 32 Laws 33 Supervisor’s Weekly Work Report 45 Contractor National Criminal Background Check Certification 48

INSTRUCTIONS TO BIDDERS PAGE NO.

Bid Proposals 49 Preparation and Submission of Traditional Paper Bids 49 Opening of Bids 50

BID SUBMITTAL PACKAGE PAGE NO.

Cover Sheet 1 Contract Bid Form 2 Contractor Contact Information 3 Operations Plan 4 Listing of MBE/WBE Subcontractors 5 Contractor's Work Experience and References 6 Contractor’s NCDA Pesticide License 8 Execution of Bid 9 Bid Submittal Package Checklist 17

Bid No. 54-SH-13-PR28806 4 McDowell County Grounds

PROJECT SPECIAL PROVISIONS

PROJECT

McDowell County Rest Areas (pair) on I-40, East and Westbound Lanes, Mile Marker 82 near Marion.

SCOPE OF CONTRACT

The N.C. Department of Transportation (hereinafter referred to as “Department”) is seeking the services of a landscape/grounds maintenance company to provide professional rest area lawn and grounds maintenance consisting of but not limited to labor, supervision, equipment and supplies as specified herein. The intent of these specifications and requirements is to state and define the terms and conditions under which the Contractor shall provide the management, supervision, and manpower capable of performing work at the highest standards of horticultural excellence necessary to provide these services in a professional and workmanlike manner. This document is intended as a benchmark of the Department’s minimum standards for rest area lawn and grounds maintenance.

The Department places significant value on the safety and treatment of travelers who visit rest areas. All travelers are to be treated as customers and the Contractor shall emphasize safety and customer service at all times. The provisions of the services required as part of this solicitation ultimately reflect upon the Department and the State of North Carolina as a whole. This proposal, as written, is to be binding by the State and the Contractor.

MANDATORY PRE-BID

Please be advised that any references in the RFP to pre-bid language will not apply as a pre-bid will not be held for this contract. If bidders have questions, they will be addressed in an addendum. The Bidder is encouraged to make his/her own observations of the sites to determine the items identified in this contract as the Contractor's responsibility.

BID QUESTIONS

Purpose: Upon review of the bid documents, bidders may have questions to clarify or interpret the bid in order to submit the best bid possible. To accommodate the Bid Questions process, bidders shall submit by email any such questions no later than November 26, 2025 at 5:00 PM. A response to bidder questions will be in the form of an addendum.

Instructions: Written questions shall be emailed to Steve Hussey sthussey@ncdot.gov by the date and time specified above. Bidders will enter “54-SH-13-PR28806 – Questions” as the subject for the email. Questions received prior to the submission deadline date, the State’s response, and any additional terms deemed necessary by the State will be documented and included in an addendum to be posted on Connect NCDOT:

https://connect.ncdot.gov/letting/Pages/Roadside-Environmental.aspx and on the electronic Vendor Portal (eVP), https://evp.nc.gov. No information, instruction or advice provided orally or informally by any State personnel, whether made in response to a question or otherwise in connection with this RFP, shall be considered authoritative or binding. Bidders shall be entitled to rely only on written material contained in an Addendum to this

RFP.

The Contractor must sign the addendum signature page(s) where indicated and the entire addendum should be returned with the bid package. Please return the entire addendum, but failure to return the executed signature page(s) of the addendum may result in disqualification of bid.

ELIGIBILITY TO BID

Only contractors currently certified as a SBE Contractor by the NCDOT Office of Civil Rights SBE Program Manager and listed in the Directory of Transportation Firms at bid opening will be eligible to bid on this project.

mailto:sthussey@ncdot.gov https://connect.ncdot.gov/letting/Pages/Roadside-Environmental.aspx https://evp.nc.gov/

Bid No. 54-SH-13-PR28806 5 McDowell County Grounds

Only Bidders who have a current and valid North Carolina Ground Applicator Pesticide License, subclassification in Ornamental and Turf Pest Control, issued by NCDA in Bidder’s (an actual employee of the company) name and company name, at bid opening will be considered eligible to bid on this project. A bid received from a Bidder who does not have a current and valid license issued by NCDA (an actual employee of the company) will be rejected as an irregular bid and will not be considered for award. If the licensee is not the Bidder then proof must be given that the licensee is an actual employee of the company.

SMALL BUSINESS ENTERPRISE (SBE) CONTRACT

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

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

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

Additional information on the program, including the application to become certified, may be obtained online at:

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

Bidders must renew their SBE status and recertify each year. It is the bidder’s responsibility to ensure that their existing SBE status does not lapse prior to bid opening. Advance notification of pending renewal dates is not guaranteed.

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

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.

PREQUALIFICATION

The Department encourages and promotes the growth, development, and continuation of competent Contractors that can perform the work necessary under this contract. The Department’s procurement process is built on the principle of competition. The Department believes that the specifications and requirements under this contract are reasonable to satisfy the need for services requested, but are not unduly restrictive, in order to encourage competition in the open market. In furtherance of these principles, bidders are not required to be prequalified for this contract. All references to “prequalification” of bidders are hereby waived for this contract.

CONTRACT TIME AND COMPLETION DATE

The date of availability for this contract will be March 1, 2026. The completion date for this contract is one (1) https://connect.ncdot.gov/business/SmallBusiness/Pages/default.aspx

Bid No. 54-SH-13-PR28806 6 McDowell County Grounds year from date of availability.

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.

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, unless a shorter time is mutually agreed upon by the parties, (maximum of five (5) years total), to include leap year when applicable. Extensions for additional term(s) are not guaranteed. 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 for “Provide Professional Lawn and Grounds Maintenance” will be increased for each one (1) year extension by one (1) percent of the current price. Each line item bid price for Furnish and Apply landscape materials will not be subject to the one (1) percent price increase. 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.

SMALL BUSINESS ENTERPRISE (MULTI-YEAR MAINTENANCE CONTRACTS):

This contract is a multi-year contract let pursuant to the Small Business Enterprise provisions of N.C. General Statute §136-28.10. In accordance with N.C. General Statute §136-28.10, an award in a contract may be for an amount less but shall not exceed $1,000,000 per year. No payments in excess of this amount will be disbursed, in accordance with the Statute

PERFORMANCE GUARANTEE

Per G.S. 136-28.10, contract payment and performance bonds may be waived. For this project, the contract payment bond will be waived. In lieu of a contract performance bond, a performance guarantee will be required.

For the first year of this contract, the Contractor agrees to a Performance Guarantee consisting of five (5) per cent less than the amount of the line item bid price for “Provide Professional Lawn and Grounds Maintenance”. This is the amount of monthly compensation before any non-compliance or performance deductions. The Performance Guarantee will not be deducted for extensions and will be refunded without interest, pending the project site review, by the Contracting Agency at the end of the initial contract unless an extension has been effected in which case the Performance Guarantee will be refunded at the completion of the final contract extension. In cases of default, the Performance Guarantee will not be refunded to the Contractor.

QUANTITIES ESTIMATED

The quantities for Furnish and Apply landscape materials 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.

AUTHORITY OF THE ENGINEER

The Engineer for this project shall be the Division Engineer, Division Thirteen, 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

Bid No. 54-SH-13-PR28806 7 McDowell County Grounds fails to carry out promptly.

The published volume entitled North Carolina Department of Transportation, Raleigh, Standard Specifications for Roads and Structures 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.

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, operations plan including completed personnel and materials outlines, 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.

Unless otherwise allowed by the Engineer, any formal protest to any proposed bid shall be made in writing (email is acceptable) to the Engineer for the project within five (5) days of bid opening and shall clearly indicate that it is a “bid protest.” The protest must list each item that the protester believes is grounds for rendering a bid defective.

The Engineer will evaluate the protest and determine, in his/her discretion, whether any further action should be taken. Further action may consist of, but not limited to, seeking additional information and/or clarification from any and all bidders regarding the alleged complaint/protest, rejecting any or all bids, finding any or all bids irregular, finding any or all bidders “not responsible”, holding a possible informal meeting to discuss the protest, or other actions in the discretion of the Engineer. After further evaluation the Engineer will notify the protesting party what further action, if any, will be taken with regard to the protest. All awards are final and are not subject to further review.

INSURANCE

The Contractor shall be liable for any losses resulting from a breach of the terms of this contract. The Contractor shall be liable for any losses due to the negligence or willful misconduct of its agents, assigns and employees including any sub-contractors which causes damage to others for which the Department is found liable under the Torts Claims Act, or in the General Courts of Justice, provided the Department provides prompt notice to the Contractor and that the Contractor has an opportunity to defend against such claims. The Contractor shall not be responsible for punitive damages.

The Contractor shall at its sole cost and expense obtain and furnish to the Department an original standard Association for Cooperative Operations Research and Development (ACORD) certificate of liability insurance evidencing commercial general liability with a limit for bodily injury and property damage in the amount of $5,000,000 per

Bid No. 54-SH-13-PR28806 8 McDowell County Grounds occurrence and $5,000,000 general aggregate, covering the Contractor from claims or damages for bodily injury, personal injury, or for property damages that may arise from operating under the contract by the employees and agents of the Contractor. The required limit of insurance may be obtained by a single general liability policy or the combination of a general liability and excess liability or umbrella policy. The State of North Carolina shall be named as an additional insured on this commercial general liability policy. The policy may contain the following language as relates to the State as an additional insured: “This insurance with respect to the additional insured applies only to the extent that the additional insured is held liable for your or your agent’s acts or omissions arising out of and in the course of operations performed for the additional insured.”

The Contractor shall maintain all legally required insurance coverage, including without limitation, worker’s compensation and vehicle liability, in the amounts required by law. Providing and maintaining adequate insurance coverage is a material obligation of the contractor and is of the essence of this contract. All such insurance shall meet all laws of the State of North Carolina. Such insurance coverage shall be obtained from companies that are authorized to provide such coverage and that are authorized by the Commissioner of Insurance to do business in North Carolina.

The Contractor shall at all times comply with the terms of such insurance policies.

Upon execution of the contract, provide evidence of the above insurance requirements to the Engineer. Insurance coverage shall be maintained during the life of this contract and shall extend to operations performed by the contractor or his subcontractors, and by anyone employed directly or indirectly by either of them.

The Contractor shall take out and maintain during the life of this contract Worker's Compensation Insurance for all of his employees employed at the site(s) of the project, in the amounts required by law. In case any work is sublet, the Contractor shall require the Subcontractor similarly to provide Worker's Compensation Insurance for all the latter's employees employed at the site(s) of the project, unless such employees are covered by the protection afforded by the Contractor.

Pursuant to N.C.G.S. § 97-19, all contractors of the Department of Transportation are required, prior to beginning services, to show proof of coverage issued by a workers’ compensation insurance carrier, or a certificate of compliance issued by the Department of Insurance for self-insured subcontractors stating that it has complied with N.C.G.S. § 97-93.

The contractor shall defend, indemnify and hold harmless the North Carolina Department of Transportation, its officers and employees from any claim, demand, suit, liability, judgment and expense (including attorney’s fees and other costs of litigation) arising out of or relating to injury, disease, or death of persons or damage to or loss of property resulting from or in connection with the negligent performance of this contract by the contractor, its agents, employees, and subcontractors or any one for whom the contractor may be responsible. The obligations, indemnities and liabilities assumed by the contractor under this paragraph shall not extend to any liability caused by the negligence of the Department of Transportation or its employees. The contractor’s liability shall not be limited by any provisions or limits of insurance set forth in this contract.

The Contractor shall take out and maintain during the life of this contract such Public Liability and Property Damage Insurance as shall protect him and Subcontractors performing work covered by this contract from claims for damage or property damages which may arise from operations under this contract. This insurance shall protect the Contractor whether such operations are done by himself or by any Subcontractor, or by anyone directly or indirectly employed by either of them.

The Contractor shall at all times comply with the terms of such insurance policies, and all requirements of the insurer under any such insurance policies, except as they may conflict with existing North Carolina laws or this contract. The limits of coverage under each insurance policy maintained by the Contractor shall not be interpreted as limiting the Contractor’s liability and obligations under the contract.

Proof of insurance from the Insurance Company as described above, for the period of the contract, shall be furnished to the Engineer prior to beginning of service. In addition to proof of insurance, the Contractor's policy shall include provisions whereby the Insurance Company will notify NCDOT thirty (30) days prior to the policy being cancelled.

Bid No. 54-SH-13-PR28806 9 McDowell County Grounds

SUBLETTING OF CONTRACT

All work as outlined under this contract shall be performed by employees of the Contractor or by an approved Subcontractor. Any requests for subcontracting must be submitted in writing to the Engineer a minimum of thirty

(30) days prior to the proposed implementation of the subcontract. Subcontracting of required personnel staffing (including supervisor) will not be permitted in this contract. 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.

Failure of the Contractor to comply with any of the provisions of this article may be justification for disqualifying the Contractor from further bidding. Subletting of this contract or any portion of the contract shall conform to the requirements of Article of 108-6 of the Standard Specifications.

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.

TEMPORARY SUSPENSION OF THE WORK

The Engineer or his representative will observe operations and may suspend work for unsafe activities or conditions. Work will not resume until the unsafe condition has been eliminated or corrected. 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 Article 108-7 of the Standard Specifications.

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).

CONTRACT CANCELLATION POLICIES

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

CANCELLATION BY DEPARTMENT (DEFAULT)

The general reputation and performance of the Contractor is a reflection on the Department of Transportation. This contract may be cancelled at any time by reason of unsatisfactory performance, failure to maintain a valid pesticide license, or other default of the Contractor upon five- (5) day’s prior written notice by the Department. In addition, this contract may be cancelled immediately by written notification upon receipt of substantiated notification and

Bid No. 54-SH-13-PR28806 10 McDowell County Grounds verification that the Contractor has failed to properly pay in a timely or reasonable manner employees, suppliers, or businesses used in the completion of the contractual requirements contained in this proposal, or if the Contractor is found to be issuing checks not covered by sufficient funds. In such instances, the Department may request that the successful bidder be debarred from doing business with the Department, the state, and /or any of its subdivisions.

Formal complaints may be filed with the NC Department of Labor, the Secretary of State, and the Attorney General’s Office.

CONTRACTOR DEFAULT

When a Contractor defaults on an existing Custodial Operations and Maintenance and/or Professional Lawn and Grounds Maintenance Rest Area Contract, the Contractor will not be considered for award of future contracts or extensions of current contracts, until the defaulted Contractor can demonstrate as indicated below that he/she is capable of meeting the requirements outlined in the new Custodial Operations and Maintenance and/or Professional Lawn and Grounds Maintenance Rest Area Proposal.

After a period of one (1) year from the date of default notification, a defaulted Contractor is eligible to present to the Department documentation that he/she is indeed capable of meeting the requirements outlined in the new Custodial Operations and Maintenance and/or Professional Lawn and Grounds Maintenance Rest Area Proposal.

Documentation shall consist of:

1) Affidavits from a minimum of three (3) contracting firms that the Contractor has provided satisfactory performance of comparable custodial and/or grounds services within the past year;

2) Affidavits from a minimum of three (3) suppliers that the Contractor has paid said suppliers in a timely manner as set forth by the suppliers within the past year; and

3) Audited financial statements from the past year verifying that the Contractor is in good financial standing.

AVAILABILITY OF FUNDS – TERMINATION OF CONTRACTS

(5-20-08)(Rev. 1-16-24) Z-2

General Statute 143C-6-11. (h) Highway Appropriation is hereby incorporated verbatim in this contract as follows:

(h) Amounts Encumbered. – Transportation project appropriations may be encumbered in the amount of allotments made to the Department of Transportation by the Director for the estimated payments for transportation project contract work to be performed in the appropriation fiscal year. The allotments shall be multiyear allotments and shall be based on estimated revenues and shall be subject to the maximum contract authority contained in General Statute 143C-6-11(c). Payment for transportation project work performed pursuant to contract in any fiscal year other than the current fiscal year is subject to appropriations by the General Assembly. Transportation project contracts shall contain a schedule of estimated completion progress, and any acceleration of this progress shall be subject to the approval of the Department of Transportation provided funds are available. The State reserves the right to terminate or suspend any transportation project contract, and any transportation project contract shall be so terminated or suspended if funds will not be available for payment of the work to be performed during that fiscal year pursuant to the contract. In the event of termination of any contract, the contractor shall be given a written notice of termination at least 60 days before completion of scheduled work for which funds are available. In the event of termination, the contractor shall be paid for the work already performed in accordance with the contract specifications.

Payment will be made on any contract terminated pursuant to the special provision in accordance with Subarticle 108-13(D) of the Standard Specifications.

CANCELLATION DUE TO DISCONTINUATION OF SERVICE

In the event that the Department feels that it is in the State’s best interest to temporarily discontinue use of the rest area facilities to serve the public, due to damages done to the facility or roadway by acts of God, vandalism, or major renovation work deemed necessary by the Department, the Department will give the Contractor thirty (30) days written notice of cancellation of the contract.

Bid No. 54-SH-13-PR28806 11 McDowell County Grounds

LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC

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.

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.

WAGES AND CONDITIONS OF EMPLOYMENT

In accordance with 107-22 of the Standard Specifications. The Contractor’s attention is directed to the provisions and requirements of any and all public statutes which regulate hours or conditions of employment on public work.

Such provisions and requirements that are appropriate, in accordance with the intent of the particular law, act, or statute, will be applicable to all work performed by the Contractor with his own organization and with the assistance of workmen under his immediate superintendence, and to all work performed by subcontract. It will be the responsibility of the Contractor to ascertain the appropriate application of such provisions and requirements to the work.

LAWN AND GROUNDS MAINTENANCE OF REST AREAS

DESCRIPTION

The Contractor is to perform lawn and grounds maintenance operations as specified herein to insure the facilities below are maintained in a safe, attractive, and clean, manner at all times. This contract includes all planted and undeveloped areas within the rest area boundaries.

NAME AND LOCATION OF FACILITIES

N.C. Department of Transportation Rest Areas (pair) on I-40, McDowell County, East and Westbound Lanes, Mile Marker 82 near Marion.

Note: All provisions and requirements included in this proposal apply to each site, eastbound lane and westbound lane.

Bid No. 54-SH-13-PR28806 12 McDowell County Grounds

TERMS AND DEFINITIONS

1. Safe: A condition free of hazards and not having a potential for personal injury or harm.

2. Clean: Free of impurities or foreign matter not normally a part of the original component.

3. Operable: Capable of being used as originally intended.

4. Engineer: The Division Engineer of the Highway Division in which the project is located, acting directly or through his duly authorized representative.

PROJECT PRE-WORK CONFERENCE

Following the award of a contract and prior to beginning work, the Engineer will schedule a project Pre-Work Conference with the Contractor, consisting of a document review and a site review.

Pre-Work Document Review: The Engineer will review for approval the Contractor's proposed supervisor, work plan, national criminal background checks, staffing, equipment, materials list, etc. to insure compliance with contract.

The Contractor National Criminal Background Check Certification form and national criminal background record information shall be submitted for all potential employees, including all Contractor officers, owners, partners and/or managers and all personnel who will represent the contracting company.

If a criminal background identifies a possible criminal offense, the criminal background shall include the name of the offense, date of offense, and disposition of the offense. If requested by NCDOT, and at the Contractor’s expense, the Contractor shall also provide any additional information regarding the criminal background of any potential employee.

Note: In some situations, a National Criminal Background Check may not include all the necessary information for offenses that occurred in the State of North Carolina. For a list of companies that can provide criminal background checks for offenses in the State of North Carolina please visit the N.C. Administrative Office of Courts website:

https://www.nccourts.gov/help-topics/court-records/criminal-background-check

The Contractor shall furnish a resume of the proposed supervisor including the supervisor's name, work experience, a copy of the N.C. Pesticide License issued by NCDA, address, and phone number to insure compliance with the contract.

Pre-Work Site Review: The Contractor and NCDOT Personnel shall conduct a thorough review/inspection of the project site and a general statement as to overall appearance of rest area grounds and landscaping.

Post-Work Site Review: On or just prior to the completion date of this contract, or in the event of default of contract or termination of contract, the Contractor and NCDOT Personnel shall conduct a thorough follow-up inspection of the rest area in order to make a comparison of the site as to conditions when the Contractor began work. A general statement is to be made by DOT as to overall appearance of rest area grounds and landscaping.

The overall rest area general appearance and maintenance is to be same or better at completion of contract as when contract began. The Contractor will be required to mow, remove leaves/weeds, replace plants, prune, fertilize, seed, etc., as determined by the inspections above. Any of the requested work not performed by the Contractor will be made by NCDOT and cost withheld/deducted from final payment.

PERSONNEL REQUIREMENTS

A. General: During performance of the contract, the Contractor shall provide qualified and trained personnel capable to satisfy all the requirements of this contract. The Contractor is to make a review of the contract https://www.nccourts.gov/help-topics/court-records/criminal-background-check

Bid No. 54-SH-13-PR28806 13 McDowell County Grounds requirements for work included herein and in conjunction with actual job site conditions. The required staffing shall not be less than specified; however, the Contractor is responsible for all work included herein.

While on duty, Contractor’s personnel shall work consistently on the duties as described herein.

The Contractor is required to have a valid North Carolina Ground Applicator Pesticide License with

Ornamental and Turf pest control sub-classification, issued by the NCDA, in Contractor’s (an actual employee of the company) name and the company name, throughout the term of this contract. Failure of the Contractor to maintain a valid license shall be considered default of this contract.

The Contractor shall keep himself fully informed of all federal, state and local laws and regulations governing the safe and proper handling, application, transportation, storage, and disposal of pesticides and fully comply with all such laws and regulations.

The Contractor's personnel are to be polite and assist the traveling public with information and aid in such a manner as to reflect favorably on the State and Contractor providing the service. The Contractor shall be responsible for the behavior of its employees in relation to the public and shall take all necessary and appropriate steps to ensure its employees behave in accordance with the provisions of the contract. The Department reserves the right to require the Contractor to replace any employee who displays unacceptable personal conduct, displays unsatisfactory job performance or is a potential threat to the safety of the traveling public. Unacceptable personal conduct includes, but is not limited to, conduct which constitutes a violation of state or federal law or conduct which is inconsistent with the job requirements of this contract.

All rest area staff shall be a minimum of eighteen (18) years of age.

The Department places significant value on the safety of the traveling public. The Contractor is required to perform nationwide criminal background checks on all potential employees, including all Contracting officers, owners, partners, and/or managers and all personnel who will be representing the contracting company using a service that provides national background checks. All costs associated with the background checks shall be at the Contractor’s expense. Employees with a disqualifying criminal background are prohibited from working at rest areas maintained by NCDOT.

An individual is prohibited from working at rest areas maintained by NCDOT due to a disqualifying criminal background if:

(a) The individual has previously been found guilty of having the status of an habitual felon, N.C.G.S.

14-7.1,

(b) The individual has a history of convictions for felony or misdemeanor assaultive behavior or felony or misdemeanor convictions for weapons charges,

(c) The individual has outstanding arrest warrants that he/she has become aware of, or pending criminal court cases and has not notified the Contractor within 24 hours of awareness,

(d) The individual has a pending habitual impaired driving offense, N.C.G.S. 20-138.5,

(e) The individual has a prior sex offender conviction,

(f) The individual has conviction(s) that once submitted to the Department by the Contractor for review after the award of the contract, but before the start of the contract, or prior to the renewal of the contract, where the Department objects based on the nature of the individual's conviction(s) and the need to protect the safety of the traveling public.

Contractor shall submit national criminal background checks referenced above and Contractor National Criminal Background Check Certification for each new employee. Should the Contractor retain employees from a previous contract, Contractor shall submit new background checks for each retained employee and Contractor National Criminal Background Check Certification.

After obtaining the national criminal background check referenced above on all potential employees, the

Bid No. 54-SH-13-PR28806 14 McDowell County Grounds

Contractor shall submit the Contractor National Criminal Background Check Certification form and national criminal background record information at the Project Pre-Work Conference. No employee is to begin work at the rest area under the new contract without undergoing the national criminal background check referenced above. Upon yearly renewal of an existing contract, the Contractor shall provide updated national criminal background checks of its employees, including all Contracting officers, owners, partners, and/or managers and all personnel who will be representing the contracting company, along with the Contractor National Criminal Background Check Certification, thirty (30) days prior to the expiration of the current contract year.

Contractor must have each employee notify Contractor within 24 hours when he/she has been convicted of a felony or a misdemeanor, and Contractor must notify NCDOT within 24 hours of that employee's notification.

The Department reserves the right to request a new national criminal background check for any employee at any time.

Noncompliance with the requirements of the Contractor National Criminal Background Check Certification referenced above shall be grounds for contract cancellation.

B. Staffing: The Contractor shall provide sufficient man hours and personnel to satisfy the contract objectives at all times, but not less than the following man hours per week on site (both sites combined):

Forty (40) man hours per week during the months of March through November, Twelve (12) man hours per week during the months of December through February.

NOTE: Failure to complete the required minimum number of man hours per week on site as specified will result in immediate documentation of reduction in compensation as specified in Standard Compensation Reduction Schedule for Lawn and Grounds Maintenance at Each Rest Area Site.

Employees shall be trained in proper grounds maintenance procedures (e.g., proper mowing, correct pesticide application, correct pruning methods, etc.). At least one (1) fluent English speaking employee shall be on site at all times.

NOTE: Employees from the janitorial staff will not be permitted to perform services under the grounds maintenance contract and employees from the grounds maintenance staff will not be permitted to perform services under the janitorial contract during the same time period. For example, a grounds maintenance employee will not be permitted to fill in for a janitorial employee during any part of a shift. Such action would be considered non-compliance of the janitorial contract and the janitorial Contractor would be assessed the standard deduction for “Attendant Not On Duty”.

C. Supervisor: The Contractor shall provide a supervisor for direct on site supervision of rest area workers.

A high level of importance is placed on proper supervision. The supervisor shall be on site at all times.

The supervisor shall speak and write fluent English.

NOTE: Failure of the supervisor to be on site, supervising employees as specified will result in immediate documentation of reduction in compensation as specified in Standard Compensation Reduction Schedule for Lawn and Grounds Maintenance at Each Rest Area Site.

The Contractor's Supervisor shall be available by telephone and/or mobile 24 hours a day for immediate contact. The supervisor shall have the authority to take immediate action to correct conditions determined by the Department to be unsafe, or reflecting unfavorably on the State of North Carolina and the Contractor.

NOTE: If the Contractor’s Supervisor does not respond within 24 hours of contact, the Division reserves the right to have the work performed with other forces. The cost of the work so performed, including materials, labor, and equipment will be deducted from payment due the Contractor.

Bid No. 54-SH-13-PR28806 15 McDowell County Grounds

Experience: The Contractor's supervisor shall have a minimum of one (1) years’ experience as a supervisor in grounds maintenance.

License: The supervisor is required to have a valid and current North Carolina Commercial Ground

Applicator Pesticide License with Ornamental and Turf pest control sub-classification, issued by the NCDA, in the supervisor’s name, throughout the term of this contract. Any supervisor that fails to maintain a valid license shall be replaced immediately.

The supervisor shall keep himself fully informed of all federal, state and local laws and regulations governing the safe and proper handling, application, transportation, storage, and disposal of pesticides and fully comply with all such laws and regulations.

Supervisor’s Time Off: The Contractor can designate a substitute Supervisor, upon approval from the Engineer, who can work in the Supervisor’s absence for not more than four (4) weeks annually.