54-TJK-08-PR37080 Moore-Lee Long Arm Mowing.pdf

Proposal No. 54-TJK-08-PR37080 June 25, 2026

STATE OF NORTH CAROLINA

DEPARTMENT OF TRANSPORTATION

REQUEST FOR PROPOSAL

SMALL BUSINESS ENTERPRISE

BID OPENING: JULY 15, 2026 AT 2:00 P.M.

BID PROPOSAL NO.: 54-TJK-08-PR37080

WBS ELEMENT NOS.: 8RE.106313, 8RE.206313 AND 8RE.206323

8RE.105313, 8RE.205313 AND 8RE.205323

COUNTIES: MOORE AND LEE – DIVISION 8

LOCATION: VARIOUS

TYPE OF WORK: ON CALL LONG ARM MOWING WITH

MULCHING/PICKUP

DATE OF AVAILABILITY: AUGUST 1, 2026

COMPLETION DATE: JULY 31, 2027

SMALL BUSINESS CERTIFICATION MANDATORY

PROPOSAL

FOR THE CONSTRUCTION OF

BID NO. 54-TJK-08-PR37080 IN MOORE AND LEE COUNTIES – DIVISION 8, NORTH CAROLINA

JUNE 25, 2026

DEPARTMENT OF TRANSPORTATION,

RALEIGH, NORTH CAROLINA

The Bidder has carefully examined the location of the proposed work to be known as BID NO 54-TJK-08-PR37080;

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-TJK-08-PR37080, for the unit or lump sum prices, as the case may be, bid by the Bidder in his bid and according to the proposal, plans, and specifications prepared by said Department, which proposal, plans, and specifications show the details covering this project, and hereby become a part of this contract.

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

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

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

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

TABLE OF CONTENTS

PROJECT SPECIAL PROVISIONS - GENERAL PAGE NO.

General 5 Small Business Enterprise 5 Contract Time for ID/IQ 6 Intermediate Contract Time Number 1 and Liquidated Damages 6 Intermediate Contract Time Number 2 and Liquidated Damages 6 Contract Bid Quantities 7 Prosecution of Work 7 Award of Contract 8 Authority of Engineer 8 Quantities Estimated 8 Supervision by Contractor 9 Insurance 10 Responsibility for Damage Claims 10 Payment and Retainage 10

PROJECT SPECIAL PROVISIONS - ID/IQ FOR SBE

SBE (Multi-Year Maintenance Contracts - (ID/IQ) 11 Work Order Assignment for ID/IQ 11 Mobilization and Liquidated Damages for ID/IQ 11 Renewal of Contract (CPI Price Adjustment) for ID/IQ 12 Dispute Resolution Process for ID/IQ 12

PROJECT SPECIAL PROVISIONS - ROADWAY

Mobilization 13 Long-Arm Mowing with Mulching/pickup 13 Equipment 13

Long Arm Mowing 14 Mulching (Not in Maintained Yards/Properties) 14

Debris Pickup (Within limits of Maintained Yards/Properties) 15 Truck Mounted Attenuator and Shadow Truck 15

Measurement and Payment 15 Equipment Requirements 15 Traffic Control and Work Zone Safety 16

Safety Vests 17 Equipment Idling Guidelines 17 Quality, Inspection and Basis of Acceptance 17 Mowing Diagram 18 Mowing Diagram 19

STANDARD SPECIAL PROVISIONS

Availability of Funds—Termination of Contract 20

Minimum Wages 20 On-The-Job Training 20 Erosion Control 22 Work Zone Signing 22 Plant and Pest Quarantines 22

PAGE NO.

Bankruptcy 23 Subletting of Contract 23 Debarment Statement 23 Default of Contract 23 Cooperation between Contractors 23 No Major Contract Items 24 No Specialty Items 24 Utility Conflicts 24 Driveway and Private Property 24 Outsourcing Outside the USA 24 Title VI and Nondiscrimination 24

INSTRUCTIONS TO BIDDERS

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

BID SUBMITTAL PACKAGE

Cover sheet 1 Contract Bid Form 2 Contractor Information 3 Federal Employer Identification Number 4 Listing of MBE/WBE Subcontractors 5 Contractors Work Experience and References 6 Execution of Bid Non-Collusion, Debarment and Gift Ban Certification 7-14 Bid Submittal Package Checklist 15

PROJECT SPECIAL PROVISIONS - GENERAL

This renewable hourly rate contract is for long-arm mowing with mulching/pickup services on an as needed basis along various primary and secondary routes in Moore and Lee Counties. All work shall be completed during daylight hours.

The Contractor is to provide all equipment, labor traffic control and materials necessary to complete the work unless otherwise noted in the contract.

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.

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

SMALL BUSINESS ENTERPRISE (SBE) CONTRACT

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

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

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

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

Prospective bidders who qualify for the SBE Program and are not currently certified should submit a completed application packet to the SBE Program Manager prior to bid submittal to allow for review time. Additional information on the program, including the application to become certified, may be obtained online at the following website:

https://connect.ncdot.gov/business/SmallBusiness/Pages/default.aspx Bidders must renew their SBE status and recertify each year. It is the bidder’s responsibility to ensure that their existing SBE status does not lapse prior to bid opening (or beginning work as a subcontractor).

Advance notification of pending renewal dates is not guaranteed.

http://mutcd.fhwa.dot.gov/ http://www.ebs.nc.gov/VendorDirectory/default.html

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

INTERESTED PARTIES LIST NOT REQUIRED:

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

Revise the Standard Specifications as follows:

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

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

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

CONTRACT TIME FOR ID/IQ:

(2-15-22) 108 SP1 G11

The date of availability for this contract is August 1, 2026.

The completion date for this contract is July 31, 2027.

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

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

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

INTERMEDIATE CONTRACT TIME NUMBER 1 AND LIQUIDATED DAMAGES:

The Contractor shall begin contract work within 30 calendar days upon notification by the NCDOT Roadside Environmental Unit for requested contract work at specified locations. The Department will provide maps and designated route lists at the time of request.

The date of availability for this intermediate contract time is the date the Contractor is notified by the NCDOT Roadside Environmental Unit to complete requested contract work at specified locations.

Liquidated damages for this contract are Two Hundred Dollars ($200.00) per calendar day for each calendar day when the Contractor fails to report to the project, which begins 30days after initial notification, or does not pursue work in a continuous and uninterrupted manner as required by the Division Roadside Environmental Engineer.

INTERMEDIATE CONTRACT TIME NUMBER 2 AND LIQUIDATED DAMAGES:

Except for Emergency Response or as directed by the Engineer, the Contractor shall not perform any work on this contract during the following time restrictions:

DAY AND TIME RESTRICTIONS

All work on this contract must be accomplished during daylight hours. No night work is permitted. No work permitted on Saturdays or Sundays.

The Contractor shall not perform any work on this contract on or during holidays or holiday weekends, 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 Christmas and New Year's Day, between the hours of 3:00 p.m. the Thursday before the week of Christmas 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 Day, between the hours of 3:00 p.m. the day before and 8:30 a.m. the day after.

4. For Easter, between the hours of 3:00 p.m. Thursday and 8:30 a.m. Monday.

5. For Memorial Day, between the hours of 3:00 p.m. Friday and 8:30 a.m. Tuesday.

6. For Independence Day, between the hours of 3:00 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 3:00 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 3:00 p.m. Friday and 8:30 a.m. Tuesday.

8. For Veterans Day, between the hours of 3:00 p.m. the day before Veterans Day and 8:30 a.m. the day after Veterans

Day.

9. For Thanksgiving Day, between the hours of 3:00 p.m. the Tuesday before Thanksgiving Day and 8:30 a.m. the

Tuesday after Thanksgiving Day.

Holidays and holiday weekends shall include New Year's, Martin Luther King Day, Easter, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving, and Christmas. The Contractor shall schedule his work so no work is required during these periods, unless otherwise directed by the Engineer.

The liquidated damages are Five Hundred Dollars ($500.00) per hour.

CONTRACT BID QUANTITIES

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

Contractor's pricing shall be based on the estimated quantity. The estimated amount is submitted to assist Contractors in the bidding process. Estimated quantity is not to be regarded as the actual requirement. The State shall not be obligated to purchase any specific quantity.

PROSECUTION OF WORK

The Contractor will be required to prosecute the work of each notification in a continuous and uninterrupted manner from the time he begins the work until completion and final acceptance of the work in the notification. 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.

In the event that the Contractor's operations are suspended in violation of the above provisions, the sum of $600.00 will be charged the Contractor for each and every calendar day that such suspension takes place. The said amount is hereby agreed upon as liquidated damages due to a suspension of the work. Liquidated damages chargeable due to suspension of the work will be additional to any liquidated damages that may become chargeable due to failure to start or complete the work on time.

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

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

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

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

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

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.

AUTHORITY OF THE ENGINEER

The Engineer for this project shall be the Division Engineer, Division Eight, Division of Highways, North Carolina Department of Transportation, acting directly or through his duly authorized representatives. The Engineer will decide all questions which may arise as to the quality and acceptability of work performed and as to the rate of progress of the work; all questions which may arise as to the interpretation of the contract; and all questions as to the acceptable fulfillment of the contract on the part of the Contractor. His decision shall be final and he shall have executive authority to enforce and make effective such decisions and orders as the Contractor fails to carry out promptly

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.

PERFORMANCE GUARANTEE

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.

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.

SUPERVISION BY CONTRACTOR

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

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

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

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. Mark Thompson Division Roadside Environmental Engineer

N.C. Department of Transportation 121 DOT Drive

Carthage, NC 28327

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

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

Payment to the Contractor will be made only for the actual quantities of the various items that are completed and accepted in accordance with the terms of the contract. Payments will be made for the number of hours of operation and work accomplished. 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.

PROJECT SPECIAL PROVISIONS ID/IQ FOR SBE

SMALL BUSINESS ENTERPRISE (MULTI-YEAR MAINTENANCE CONTRACTS (ID/IQ)):

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

This contract is a multi-year contract let pursuant to the Small Business Enterprise provisions of N.C. General Statute §136-

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

General Statute §136-28.10, an award in a contract may be for an amount less but shall not exceed $1,000,000 per year. No payments in excess of this amount will be disbursed, in accordance with the Statute.

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

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

Work orders will be assigned by the Engineer. The Contractor shall respond to the work order assignments with the anticipated start date, within three working days of notification unless noted otherwise. Failure to complete work in accordance with contract provisions and completion date may result in liquidated damages.

For federal ID/IQ contracts, all work orders will be assigned via the Work Order Assignment Form (Form IDIQ-1SA), 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. 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 ($5,000,000.00).

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 by 60 days if the contract may be extended.

The Contractor must notify the Engineer in writing by 14 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) 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:

• the contract for which bids were solicited;

• the particular law, regulation, or contract specification violated;

• a detailed description of the alleged violation; and

• 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

PROJECT SPECIAL PROVISIONS - ROADWAY

MOBILIZATION:

There will be no payment for mobilization of labor or equipment as it will be considered incidental to the bid items of this contract. The contractor shall be responsible for all costs or charges incurred in the operation and maintenance of the equipment during the performance of this contract. This includes travel time to and from the jobsite, equipment maintenance, and/or equipment repairs.

LONG-ARM MOWING WITH MULCHING/PICKUP

The Contractor shall furnish to the Department of Transportation the fully operated equipment described in this contract as needed for vegetation trimming using long arm mowers with mulching/pickup along designated routes within Moore and Lee counties.

The Contractor shall furnish equipment in good working condition and operated by properly trained and qualified personnel. The personnel operating the equipment shall be employees of the Contractor or approved Subcontractor and the Contractor shall be responsible for all operators during the performance of the contract. The personnel shall be subject to the directions of the Department of Transportation. The Department of Transportation may refuse delivery or may reject any equipment found to be defective and/or inadequately operated.

The Division Roadside Environmental Engineer will select and coordinate the locations to be mowed and provide a map of mowing routes to the contractor. All work must be accomplished during daylight hours. No night work is permitted. No work permitted on Saturdays or Sundays unless during Emergency Status or as directed by the Engineer.

Units of the Bid Sheets are for bid evaluation only and do not reflect purchase order limits. Purchase order quantities will be based on actual need. Section 104-5 of the Standard Specifications will not be applicable. The Engineer reserves the right to make, at any time during the work, such changes in quantities as necessary to satisfactorily complete the project.

The Contractor shall exercise caution not to damage or destroy private property such as plantings or landscaping unless otherwise directed.

The Contractor shall notify the Engineer at the start of operations and shall keep the Engineer informed of the proposed work plan. The Contractor shall submit written reports of work accomplished on a weekly basis, unless otherwise directed.

All work shall be subject to inspection by the Engineer at any time. The Engineer will make periodic inspections of the completed work. It is intended that the work will be completed in a neat, workmanlike manner. Areas which are gapped or rolled down and uncut will not be considered acceptable.

The Contractor shall incur Liquidated Damages in the amount of Five Hundred Dollars ($500.00) per incident for failing to immediately remove any grass, brush, or debris deposited into the roadway, which includes travel lanes, shoulders, bulb-outs, ditches, and drainage structures, as a result of the Contractor’s operations in order to eliminate any hazards.

All damage to turf shall be repaired within fourteen (14) days of notification. If repairs are not made within stated time NCDOT will repair these areas and deduct the cost from the Contractor’s next invoice.

Equipment The Contractor shall provide the following functional and operating equipment each cycle in the performance of mowing for this contract:

• Long arm mowers--------------------------------------------------2

• Shadow Truck---------------------------------------------------------------1

• Truck Mounted Attenuator (As Needed)-------------------------------1

This is the minimum amount of equipment specified for this project. Additional equipment may be required to successfully fulfil the contract.

All long arm mowers provided under this agreement shall be hydraulic powered and shall reach a minimum of twenty feet (20 ft) from the center of the tractor. Mower hydraulics shall be controlled from within the driver/passenger compartment. The tractor shall have sufficient horsepower to operate the mower per mower manufacturer recommendations and shall be capable of cutting up to a 5” diameter tree or tree limb. The Department will not be responsible for damage to the Contactors’ equipment.

Mowers are to be equipped with shields, which preclude foreign objects from being thrown out from the cutting unit enclosures. Tractors shall be equipped so as to conform to the prevailing Occupational Safety Health Act Standards. All tractors shall be equipped with one (1) light bar mounted on top of the cab. The width of the bar shall be seventeen (17) inches or greater but shall not exceed safe mounting limits of the cab. The bar’s light source may be a series of rotating quartz-halogen, incandescent, or LED bulbs; stroboscopic lamps; or static programmable LED. The Engineer may require an alternate pattern should the one chosen be deemed unsafe, inconsistent, or inadequate. The light source shall be amber in color as permitted by N.C.G.S § 20-130.2. The light bar shall be visible from all directions. All tractors shall be equipped with one (1) perimeter light mounted on the left rear fender, and one (1) perimeter light mounted on the right rear fender. These lights shall be amber in color.

All equipment shall also be equipped with reverse gear warning devices.

The Contractor must furnish, mount, and maintain a W10-11 or W10-11A “Caution Mower” sign on the rear of each mower such that they can be easily read by motorists approaching from the rear. Both sign types are black lettering over a fluorescent orange background. The sign should have a minimum clearance of one (1) foot from the ground to the bottom of the sign. The sign must not obstruct any safety lighting.

The Contractor’s company name, identification number, and telephone number shall be prominently displayed on each tractor.

The Contractor shall furnish all equipment in good operating condition and operated by properly trained and qualified personnel. There will be no payment for mobilization of labor and equipment, as it will be considered incidental to the bid items of this contract. The Contractor shall be responsible for all costs or charges incurred in the operation and maintenance of the equipment during the performance of this contract.

The Contractor must demonstrate to the satisfaction of the Engineer that the mowing equipment to be used in the work is in good working condition (i.e., no excessive fluid leaks; blades sharpened and in good condition) and suitable for performing the work required. All tractors shall have sufficient horsepower to operate their mowers per manufacturer recommendations. All tractor tires shall have adequate tread depth to perform the work required. All equipment safety devices as were originally designed/provided by the manufacturer shall be in place. Tractors shall be equipped with reverse gear/backup warning devices that are in a working condition and audible.

The Engineer may reject any equipment that is not operating in a satisfactory manner. Reasons for rejection shall include but not be limited to excessive leaks, tractors that cannot be operated in both forward and reverse gear, audible backup alarms and mower attachments that are not capable of acceptable mowing. The Contractor shall make arrangements for equipment replacement/repair as needed to satisfy the contract objective. No extension in contract times will be allowed due to rejected equipment.

The Contractor shall be responsible for the equipment provided in this contract at all times and at all locations during the term of the contract. The Contractor shall have no claim against the Department of Transportation for any expense involving damage or loss to the Contractor’s equipment (including vandalism, theft, fire and acts of God, etc.) arising out of, or relating to, work performed under this agreement.

Long Arm Mowing

All routes shall be mowed to the top of the cut slope, to the bottom of the fill slope, or to the limit of the equipment.

Vegetation hanging over the slope or roadway shall be mowed to the limit of the equipment. All vegetation five (5) inches in diameter or less shall be cut. Tree limbs shall be cut back to the existing trunk line of trees larger than five (5) inches.

Ground vegetation shall be cut to a height of no greater than six (6) inches. Cut vegetation shall be cleaned up or mulched. All brush or debris which falls onto the roadway shall be immediately removed by the Contractor.

Mulching (Not in Maintained Yards/Properties)

The Contractor shall mulch all cuttings to a size not greater than 1 inch wide and 4 inches long. Mulching can be achieved by the use of the long arm mower, chipper or other method as approved by the Engineer.

All equipment shall be equipped with shields/guards which precludes foreign objects from being thrown out from the cutting unit. The Contractor shall be responsible for all costs or charges incurred in the operation and maintenance of the equipment during the term of the contract including, but not limited to; fuel, oil, equipment repairs, etc. Mulching shall be considered incidental to the long arm mowing operation and the Contractor will be compensated for any equipment operation and incidentals at the hourly rate defined elsewhere in this contract.

Debris Pickup (Within Limits of Maintained Yards/Properties)

The Contractor will be required to pick up and remove all cuttings that are within the limits of a maintained yard/property. Pickup/Removal shall be considered incidental to the long arm mowing operation and the Contractor will be compensated for all pickup/removal at the hourly rate defined elsewhere in this contract.

Truck Mounted Attenuator and Shadow Truck

Along designated interstate, primary, and secondary routes, provide and maintain a truck and operator to shadow the long arm mowing operation. Shadow trucks shall be performance worthy by visual and operational inspection during a times of operation. This truck provides warning and protection for slow moving long arm mowing tractors. Shadow Trucks shall be equipped with a minimum of two (2) outside blinking amber lights visible from both directions and one (1) cab mounted amber rotating light, visible from all directions. The truck shall have the company name prominently displayed on each side. During operations, the shadow vehicle shall also have a “MOWING AHEAD” sign mounted and maintained upon the rear of the vehicle.

Where traffic issues are greater along designated interstate, primary, and secondary routes, provide a truck mounted attenuator in accordance with Articles 1089-9, 1165-2, and 1165-3 of the Standard Specifications. These routes are identified by high traffic counts, high speeds, limited site distances, and/or inability to stay out of the travel lane. Use of the truck mounted attenuator as a substitute for the shadow truck is at the discretion of the Engineer.

Measurement and Payment

Payment shall be made on a hourly basis for long-arm mowing completed as outlined in the enclosed mowing limit diagrams and as approved by the Engineer. Such price and payment will be full compensation for all work including, but not limited to mobilization, supervision, labor, equipment, traffic control, and all incidentals necessary for the prosecution and completion of the work. No separate payment will be made for debris removal or disposal. Long- Arm Mowing with Shadow Truck and Long-Arm Mowing with Truck Mounted Attenuator will be measured and paid as the actual number of hours completed and accepted.

Payment will be made under:

Pay Item Pay Unit

Long-Arm Mowing with Shadow Truck Hourly Rate Long-Arm Mowing with Truck Mounted Attenuator Hourly Rate

EQUIPMENT REQUIREMENTS

The Contractor shall furnish equipment of sufficient type, capacity, and quantity to safely and efficiently perform the work. All vehicles used by the Contractor must be performance worthy by visual and operational inspection.

The Contractor shall display and telephone number the company name on each piece of equipment.

All vehicles, including trailers, used in the removal operation should be properly equipped with lighting per Roadway Standard Drawing 1165.01 Sheet 1 of 1. Trailers shall have rear mounted strobe lights, mounted as high as possible to enhance visibility.

The Contractor shall be responsible for the equipment provided in this contract at all times and at all locations during the term of the contract. The Contractor shall have no claim against the Department of Transportation for any expense involving damage or loss to the Contractor’s equipment (including vandalism, theft, fire and acts of God, etc.) arising out of, or relating to, work performed under this contract.

The safety of the public and the convenience of traffic shall be regarded as prime importance. The Contractor shall operate the equipment in a safe manner so as not to create a hazard to the traveling public.

Crossing lanes of traffic and erratic driving will be strictly prohibited.

Signs, lights, safety, and other traffic control items are not a pay item but are considered incidental to other contract items and the Contractor is expected to provide these items.

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 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). 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 NCDOT Standard Specifications Section 108-7.

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 (Two-Lane) 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 and hat or helmet which meets the color requirements of the Manual of Uniform Traffic Control Devices (MUTCD).

The work zone sign shall be a portable sign 48” x 48” and stand specifically designed for one another, and should be 5 feet off the ground (refer to NCDOT Roadway Standard Drawing 1110.01) Signs shall be composite, aluminum or retro-reflective roll-up (Non-reflective Mesh Signs will not be accepted). It should be mounted 3’ minimum from travel lane of the right shoulder or in the median in advance of the long arm mowing operation and should be relocated regularly to maintain a work zone of 2-mile maximum length. Care should be taken that this sign is displayed only while long arm mowing work is underway.

In accordance with NCDOT Standard Specifications 107-21, 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, protective equipment and shall take any other needed actions, on his own responsibility that are reasonably necessary to protect the life and health of…