54-TJK~1.PDF

June 24, 2026 Proposal No. 54-TJK-01-PR31877

STATE OF NORTH CAROLINA

DEPARTMENT OF TRANSPORTATION

REQUEST FOR PROPOSAL

DATE AND TIME OF BID OPENING: JULY 15, 2026 AT 2:00 P.M.

MANDATORY PRE-BID: JUNE 30, 2026 AT 9:00 A.M.

BID PROPOSAL NO.: 54-TJK-01-PR31877

WBS ELEMENT NO.: VARIOUS

COUNTY: DARE – DIVISION 1

TYPE OF WORK: PROFESSIONAL LANDSCAPE PLANT BED AND MOWING

MAINTENANCE

DATE OF AVAILABILITY: SEPTEMBER 1, 2026

COMPLETION DATE: AUGUST 31, 2027

SMALL BUSINESS CERTIFICATION MANDATORY

PRE-BID CONFERENCE MANDATORY

PROPOSAL

FOR THE CONSTRUCTION OF

BID NO. 54-TJK-01-PR31877 IN DIVISON 1 – DARE COUNTY, NORTH CAROLINA

JUNE 24, 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-01-PR31877; has carefully examined the plans and specifications, which are acknowledged to be part of the proposal, the special provisions, the proposal, the form of contract; and thoroughly understands the stipulations, requirements and provisions. The undersigned bidder agrees to be bound upon his execution of the bid and subsequent award to him by the Department of Transportation in accordance with this proposal. Payment and performance bonds are not required on this project. The undersigned Bidder further agrees to provide all necessary machinery, tools, labor, and other means of construction; and to do all the work and to furnish all materials, except as otherwise noted, necessary to perform and complete the said contract in accordance with the 2024 Standard Specifications for Roads and Structures by the dates(s) specified in the Project Special Provisions and in accordance with the requirements of the Engineer, and at the unit or lump sum prices, as the case may be, for the various items given on the sheets contained herein.

The Bidder shall provide and furnish all the materials, machinery, implements, appliances and tools, and perform the work and required labor to construct and complete State Highway BID NO. 54-TJK-01-PR31877, for the unit or lump sum prices, as the case may be, bid by the Bidder in his bid and according to the proposal, plans, and specifications prepared by said Department, which proposal, plans, and specifications show the details covering this project, and hereby become a part of this contract.

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

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

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

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

TABLE OF CONTENTS

PROJECT SPECIAL PROVISIONS - GENERAL PAGE NO.

Description 5 Scope of Contract 5 Mandatory Pre-bid Conference and Proposal Review 5 Mandatory Pre-Bid Conference: Eligibility to Bid 6 Small Business Enterprise (SBE) Contract 6 Contract Time and Liquidated Damages 7 Small Business Enterprise (Multi-Year Maintenance Contracts) 8 Intermediate Contract Time Number 1 and Liquidated Damages 8 Intermediate Contract Time Number 2 and Liquidated Damages 8 Contract Bid Quantities 9 Plan, Detail and Quantity Adjustments 9 Award of Contract 9 Performance Guarantee 10 Insurance 10 Subletting of Contract 10 Notification of Operations 10 Prosecution and Progress 10 Temporary Suspension of the Work 11 Traffic Control and Work Zone Safety 11 Safety and Accident Protection 12 Site Investigation and Representation 12 Inspection 12 Supervision by Contractor 12 Laws to be Observed 13 Responsibility for Damage Claims 13 Prompt Payment 13 Payment and Retainage 13

PROJECT SPECIAL PROVISIONS - ROADWAY PAGE NO.

Description of Work 15 General 15 Routine Plant Bed Maintenance Cycle 16 Mulching 19 Mowing/Trimming/Edging 20 Pesticide Usage 21 Personnel 22 Equipment Conditions 22 Equipment Idling Guidelines 23 Protection and Restoration of Property 24 Damages 24 Acceptance 24 Basis of Award 24 Measurement and Payment 25

STANDARD SPECIAL PROVISIONS PAGE NO.

Availability of Funds – Termination of Contracts 26 Authority of the Engineer 26 Wages and Conditions of Employment 26 Minimum Wages 26 Erosion Control 27 Work Zone Signing 27 Work Zone Traffic Control General Requirements 28 Plant and Pest Quarantines 29 Bankruptcy 29 Debarment Statement 29 Default of Contract 30 Cooperation between Contractors 30 No Major Contract Items 30 No Specialty Items 30 Utility Conflicts 30 Driveways and Private Property 30 Outsourcing Outside the USA 30 Title VI and Nondiscrimination 30

NCDOT Pesticide Daily Application Report 37

INSTRUCTIONS TO BIDDERS PAGE NO.

Bid Proposals 38 Preparation and Submission of Traditional Paper Bids 38 Opening of Bids 39

BID SUBMITTAL PACKAGE PAGE NO.

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

PROJECT SPECIAL PROVISIONS – GENERAL

DESCRIPTION

This project is for Professional Landscape Plant Bed and Mowing Maintenance for the entire highway right of way of US 64 and US 64 Bypass on Roanoke Island, including through the town of Manteo in Dare County. For further description, see Plant Bed Locations in the Project Special Provisions - Roadway.

SCOPE OF CONTRACT

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

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

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

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

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

The Contractor shall keep himself fully informed of all Federal, State and local laws, ordinances, and regulations, and shall comply with the provisions of Section 107 of the Standard Specifications.

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

MANDATORY PRE-BID CONFERENCE AND PROPOSAL REVIEW

Early arrival is strongly recommended, as latecomers will be disqualified from award for the contract covered by this pre-bid conference.

In order for all prospective bidders to have an extensive knowledge of the project, all prospective bidders shall attend a Mandatory Pre-Bid Conference as shown below:

Date: June 30, 2026

Time: 9:00 AM

Place: Division 1 Roadside Office

Location: 427 Ocean Highway North Hertford, NC 27944 http://mutcd.fhwa.dot.gov/ https://connect.ncdot.gov/resources/Specifications/Pages/2024-Specifications-and-Special-Provisions.aspx

County: Perquimans

Contact for Directions: 252-426-4180

NOTE: BRING A COPY OF THE CONTRACT PROPOSAL TO THE CONFERENCE. PROPOSALS WILL

NOT BE PROVIDED. BIDDERS ARE EXPECTED TO READ THE PROPOSAL PRIOR TO THE

CONFERENCE.

This conference will be conducted by Department personnel to ensure all prospective bidders are given an opportunity to obtain information relevant to the project and given an opportunity to ask any questions they may have. The pre-bid conference will include a thorough discussion of the plans, contract pay items, special provisions, etc. The Engineer will explain areas of responsibility, standards of performance and expected results.

Any changes made to the contract during the pre-bid conference 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. The entire addendum should be returned with the bid package, signed and dated. Failure to return the executed signature pages(s) of the addendum may result in disqualification of bid.

MANDATORY PRE-BID CONFERENCE: ELIGIBILITY TO BID

All prospective bidders at the Mandatory Pre-Bid Conference shall meet all of the requirements as shown below:

Only contractors currently certified as a SBE Contractor by the Contractual Services Unit of NCDOT and listed in the Directory of Transportation Firms at bid opening will be eligible to bid on this project.

Only Bidders who have a current and valid North Carolina Ground Applicator Pesticide License, sub-classification in Right of Way 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.

In addition, only Bidders who have attended the entire conference and properly registered at the Mandatory Pre-Bid Conference will be considered eligible to bid on this project. A bid received from a Bidder who has not attended and properly registered at the conference will be rejected as an irregular bid and will not be considered for award.

Attendance at the Mandatory Pre-Bid Conference will not meet the requirements of proper registration unless the individual attending has registered at the conference in accordance with the following:

1. The individual attending the Mandatory Pre-Bid Conference is a full time employee of the company bidding on the project and has administrative/supervisory authority over the work to be performed under this contract.

2. The individual signs his/her name and company title on the official roster.

3. Only one company is shown as being represented by the individual attending.

4. The individual shall sign out when the pre-bid conference is completed.

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

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 the 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 NCDOT Contractual Services Management 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.

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 AND LIQUIDATED DAMAGES

The date of availability for this contract will be September 1, 2026.

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

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

Liquidated damages for this contract are Five Hundred Dollars ($500.00) per calendar day. No work will be done on weekends or state holidays. Liquidated damages shall apply for failure to begin work within the prescribed time frame and shall also apply for failure to pursue and complete work as specified under “Prosecution Of Work” as determined by the Engineer.

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 two (2) additional periods, one

(1) year each, (maximum of three (3) years total). 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 will be increased for each one-year extension by two (2) percent of the current price. No changes in the terms, conditions, etc. of this contract will be made when an extension to the contract is implemented. The Contractor will be https://www.ebs.nc.gov/VendorDirectory/default.html https://connect.ncdot.gov/business/SmallBusiness/Pages/default.aspx 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)

(4-20-21)(Rev. 4-19-22) SP1 G72

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.

MOWING MORATORIUMS

Mowing operations performed under this contract shall comply with the moratoriums established in SL 2025-47 (SB 391).

The Engineer will notify the Contractor of the applicable dates for cessation and reinitiation of mowing operations and applicable routes. These notifications may be verbal, but shall be followed by written communication in the form of an email, noting the date of cessation or reinitiation. Payment for completed route mowing will be paid at the contract unit price for the quantity and type of work completed.

The moratoriums are: ALL ROUTES: May 1 through May 31.

INTERMEDIATE CONTRACT TIME NUMBER 1 AND LIQUIDATED DAMAGES

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

The Date of Availability for this intermediate contract time will be the first day of each month.

The Contractor will be required to prosecute the work in a continuous and uninterrupted manner until the entire cycle is complete.

The Completion Date for this intermediate contract time will be the last day of each month.

The Liquidated Damages for failure to complete a cycle is One Hundred Dollars ($100.00) per calendar day.

INTERMEDIATE CONTRACT TIME NUMBER 2 AND LIQUIDATED DAMAGES

The Contractor shall not work within the roadway or associated right of way on ANY STATE MAINTAINED ROUTE, detain and /or alter the traffic flow on or during holiday weekends, special events, or any other time when traffic is unusually heavy, including the following schedules:

HOLIDAY AND HOLIDAY WEEKEND WORK RESTRICTIONS:

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

2. For New Year's Day, between the hours of 4:00 p.m. December 31st and 8:30 a.m. January 2nd. If New Year's Day is on a Friday, Saturday, Sunday or Monday, then until 8:30 a.m. the following Tuesday.

3. For Martin Luther King, Jr. Day, between the hours of 4:00 p.m. Friday and 8:30 a.m. Tuesday.

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

5. For Memorial Day, between the hours of 4:00 p.m. Friday and 8:30 a.m. Tuesday.

6. For Independence Day, between the hours of 4:00 p.m. the day before Independence Day and 8:30 a.m. the day after Independence Day.

If Independence Day is on a Friday, Saturday, Sunday or Monday, then between the hours of 4:00 p.m. the Thursday before Independence Day and 8:30 a.m. the Tuesday after Independence Day.

7. For Labor Day, between the hours of 4:00 p.m. Friday and 8:30 a.m. Tuesday.

8. For Veteran’s Day, between the hours of 4:00 p.m. Friday and 8:30 a.m. Tuesday.

9. For Thanksgiving Day, between the hours of 4:00 p.m. Tuesday and 8:30 a.m. Monday.

10. For Christmas, between the hours of 4:00 p.m. the Friday before the week of Christmas Day and 8:30 a.m. the following Tuesday after the week of Christmas Day.

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

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

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.

PLAN, DETAIL AND QUANTITY ADJUSTMENTS

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

AWARD OF CONTRACT

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

All eligible proposals will be evaluated, and acceptance made of the bid judged in the discretion of the contracting agency to determine the lowest responsible bidder for the purpose intended. The Contracting Agency using its discretion, will determine whether a bidder is a “responsible” bidder. In determining whether a bidder is “responsible, the Contracting Agency will evaluate, the bid price, completeness and content of the bid, Bidder’s experience, ability of the Bidder and staff to perform the services required, Bidder’s past performance, references, and Bidder’s financial stability. After opening bids and prior to award, the Contracting Agency may also seek additional information from any or all bidders regarding the bidder’s proposal, qualifications, experience, and ability to perform the required work prior to determining whether a bidder is a “responsible” bidder. No changes in bid price or price negotiations will be allowed after bids are opened and prior to an award. After the Contracting Agencies evaluation, the award of the contract, if awarded, will be made to the lowest responsible bidder. The lowest responsible bidder will be notified that his bid has been accepted and that he has been awarded the contract. If a Bidder is awarded a contract, he/she will be expected to perform the work.

Failure to perform may result in the Bidder being held in default of contract. In the event of default, the Department may, in its discretion, contact the next lowest responsible bidder to determine whether that next lowest responsible bidder is willing and able to complete the contract at its bid price.

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

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.

INSURANCE

The Contractor shall maintain all legally required insurance coverage, including without limitation, worker’s compensation and vehicle liability, in the amounts required by law. Refer to Section 107-15 in the “Standard Specifications for Roads and Structures” for additional information.

SUBLETTING OF CONTRACT

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

PERFORMANCE OF WORK

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

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

NOTIFICATION OF OPERATIONS

The Contractor shall notify the Engineer one (1) week in advance of beginning work on this project. The Contractor shall give the Engineer sufficient notice of all operations for any sampling, inspection or acceptance testing required.

PROSECUTION AND PROGRESS

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

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

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

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

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

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

TEMPORARY SUSPENSION OF THE WORK

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

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

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

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

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

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

TRAFFIC CONTROL AND WORK ZONE SAFETY

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

The Contractor shall utilize complete and proper traffic controls and traffic control devices during all operations. All traffic control and traffic control devices required for any operation shall be functional and in place prior to the commencement of that operation. Signs for temporary operations shall be removed during periods of inactivity. The Contractor is required to leave the project in a manner that will be safe to the traveling public and which will not impede motorists.

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

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

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

Traffic movements through lane closures on roads with two way traffic shall be controlled by flaggers stationed at each end of the work zone. In situations where sight distance is limited, the Contractor shall provide additional means of controlling traffic, including, but not limited to, two-way radios, pilot vehicles, or additional flaggers. Flaggers shall be competent personnel, adequately trained in flagging procedures, and furnished with proper safety devices and equipment, including, but not limited to, safety vests and stop/slow paddles.

All Contractors' personnel, all subcontractors and their personnel, and any material suppliers and their personnel when working in traffic areas or areas in close proximity to traffic shall wear an approved safety vest, or shirt or jacket which meets the color requirements of the Manual of Uniform Traffic Control Devices (MUTCD) at all times while on the project.

The Contractor shall incur immediate Liquidated Damages in the amount of Five Hundred Dollars ($500.00) for each occurrence, for failure to comply with this provision, which includes prohibiting the safety vests being blocked from view by backpacks, etc.

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

Failure to comply with any of the requirements for safety and traffic control of this contract shall result in suspension of work as provided in Subarticle 108-7(2) of the Standard Specifications. The Contractor's vehicles and equipment shall not be parked within the State Highway System right of way overnight or at other times when work has been suspended unless approved by the Engineer, and in no case within 30 feet of the edge of pavement. The Engineer may designate specific locations for parking equipment.

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

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

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

SAFETY AND ACCIDENT PROTECTION

In accordance with 107-21 of the Standard Specifications. The Contractor shall comply with all applicable Federal, State, and local laws, ordinances, and regulations governing safety, health, and sanitation, and shall provide all safeguards, safety devices, and protective equipment, and shall take any other needed actions, on his own responsibility that are reasonably necessary to protect the life and health of employees on the job and the safety of the public, and to protect property in connection with the performance of the work covered by the contract.

SITE INVESTIGATION AND REPRESENTATION:

By signing the proposal documents, the Contractor acknowledges that:

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

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

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

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

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

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

INSPECTION

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

SUPERVISION BY CONTRACTOR

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

At all times that work is actually being performed, the Contractor shall have present on the project one competent individual who is authorized to act in a supervisory capacity over all work on the project, including work subcontracted.

The individual who has been so authorized shall be experienced in the type of work being performed and shall be fully capable of managing, directing, and coordinating the work; of reading and thoroughly understanding the contract; and receiving and carrying out directions from the Engineer or his authorized representatives. He shall be an employee of the Contractor unless otherwise approved by the Engineer.

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

LAWS TO BE OBSERVED

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

RESPONSIBILITY FOR DAMAGE CLAIMS

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

PROMPT PAYMENT

Contractors at all levels, prime, subcontractor, or second tier contractor, shall within seven calendar days of receipt of monies, resulting from work performed on the project or services rendered, pay subcontractors, second tier subcontractors, or material suppliers, as appropriate. This seven-day period begins upon knowledgeable receipt by the contracting firm obligated to make a subsequent periodic payment or final payment. These prompt payment requirements will be met if each firm mails the payment to the next level firm by evidence of postmark within the seven-day period.

This provision for prompt payment shall be incorporated into each subcontract or second tier subcontract issued for work performed on the project or for services provided. Failure of any entity to make prompt payment as defined herein may result in (1) withholding of money due to that entity in the next partial payment until such assurances are made satisfactory to this provision; or (2) removal of an approved contractor from the pre- qualified bidders list or the removal of other entities from the approved subcontractors list.

PAYMENT AND RETAINAGE

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

Requests for payment shall be made by Contractor’s Invoice. All invoice items and unit costs shall correspond to contract pay items as they appear on the Purchase Order. The Engineer shall verify the quantities submitted on the invoice prior to payment. In the event of error or discrepancy in items or unit costs, the Department may return the invoice to the

Contractor for correction. The invoice shall be completely and legibly filled out with all appropriate information and shall be signed by an authorized representative of the Contractor.

All requests for payment shall be submitted to the Division Roadside Environmental Engineer’s Office.

Mr. Dennis Robertson Division Roadside Environmental Engineer N.C. Department of Transportation 472 Ocean Highway North Hertford, NC 27944

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

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

PROJECT SPECIAL PROVISIONS – ROADWAY

DESCRIPTION OF WORK

This provision is for Professional Landscape Plant Bed and Mowing Maintenance of existing lawn, shrub and tree planting areas, including but not limited to the selective removal and disposal of any undesirable vegetation, pruning, mulching, fertilizing, watering, planting, weeding, sweeping, pesticide application, and the work of mowing, edging, and trimming as directed by the Engineer. Trash can on bike path will be dumped once per week

This proposal is subject to Standard Specifications for Roads and Structures.

The location for this work is the entire highway right of way of US 64 and US 64 Bypass on Roanoke Island, including through the town of Manteo, North Carolina.

Figure 1

GENERAL

Landscape plant bed sites are to be kept in a well-maintained weed, and litter-free state.

The Contractor shall use sound and established horticultural procedures such as fertilizing, pruning, etc. for maintaining the existing plant bed sites selected for maintenance by the Engineer.

The Contractor shall conduct the operation in such a manner to prevent injury to desired species. If the Contractor damages or significantly injures any of the established plant material on this project such as, but not limited to: (pesticide damage or line trimming/mowing), the Contractor will be required to replace the plant at same size and height as the original species at his or her cost. Such damage or injuries shall be determined by the Engineer or his/her representative.

Any damage to adjacent vegetation, shoulders, medians, lawns, fences, signs, paved areas, or other facilities shall be repaired or replaced by the Contractor to the satisfaction of the Engineer at no cost to the Department.

All trimmings, brush and other vegetative material produced by the maintenance operation shall be shredded and disposed of by the Contractor as directed by the Engineer. All other trash shall be disposed of at the Contractor’s expense at an approved public landfill.

Any work performed in an unsatisfactory manner will be corrected by the Contractor at no additional cost to the Department, within three (3) days of notification. Continual unsatisfactory performance may be basis for cancellation of the contract.

ROUTINE PLANT BED MAINTENANCE CYCLE

The Routine Plant Bed Maintenance Cycle shall be performed monthly as directed by the Engineer during the one (1) year term of this contract.

All items described under Section 1670-14 Establishment will be effective with the exception of mowing. During each cycle, the Contractor and the Roadside Environmental Engineer will discuss the work that is needed. The Contractor is responsible for making an assessment of needs according to the items described under 1670-14, Establishment, and performing such work without specific direction from the Engineer.

During the Routine Plant Bed Maintenance Cycle, Contractor shall perform weekly litter removal, weekly sweeping of the Multi-Use Trail, shall perform mowing, string trimming and edging operations as per the prescribed mowing schedule; shall accomplish mulching, spraying, pruning, and fertilizing during the prescribed cycles and shall accomplish all other routine work during each monthly cycle.

Fertilizer:

In addition to 1060-2, fertilizer shall be applied to plant beds and tree rings. Fertilize with a slow release nitrogen fertilizer with a 3-1-2 analysis between March 1 and April 15. Thirty (30) days prior to performing any fertilizer application, Contractor shall submit fertilizer product information to the Engineer for approval. Do not apply any fertilizer that has not been approved by the Engineer.

Fertilizer applications will be considered incidental, and no additional compensation will be made.

Litter and Vegetative Debris:

For any week for which mowing operations are scheduled, Contractor shall pickup, remove and recycle litter and vegetative debris immediately prior to mowing operations. For any week for which no mowing is scheduled, Contractor shall pickup, remove and recycle litter and vegetative debris on Thursdays. Litter and vegetative debris disposal shall be made into a state approved landfill and/or a single-stream recycling facility.

All in-organic litter removal shall be reported in the on-line “NCDOT Litter Management System”, under “Contract Litter Removal” at https://apps.ncdot.gov/LM.

Contractor shall remove any vegetative debris that may fall into lawn areas or onto the Multi-Use Path. This is to include but not be limited to pine straw, pine cones, leaves, twigs and branches up to four (4) inches in diameter.

Contractor shall remove vegetative debris from the Multi-Use Path by means of sweeping or blowing. If blown, no debris may be blown onto adjacent private property lawn or driveway areas.

https://apps.ncdot.gov/LM

All waste, litter, and debris shall be removed and properly disposed of off-site. Contractors are encouraged to wherever possible to separate trash and recyclables such as glass, aluminum, and other products, and appropriately dispose of each material. Litter shall be removed prior to mowing. The discarding of trash other than in acceptable trash containers will be considered littering and will not be tolerated on NC DOT projects. Violators will be subject to penalty under State laws. Litter pick-up will be considered incidental to maintenance work.

Litter/Vegetative Debris pickup/removal will be considered incidental, and no additional compensation will be made.

Pruning:

In addition to the requirements of 1670-6, trees, shrubs, perennials and annuals shall be pruned as needed or as directed by the Engineer to remove any deadwood, broken branches, crossing branches that are rubbing together, to provide clear line of sight at crossings for vehicles and pedestrians, and a vegetation clear zone as described in Figure 2. Vegetative clear zones shall be provided for sidewalks, trails and other paved surfaces and any insulated utility line.

Conduct pruning in a manner to prevent limb, bark or root injuries to remaining plant material. When operations are not performed in a manner to avoid damage, take all steps necessary as directed by the Engineer to repair or minimize the effects of the damage. Should any shrub, perennial of annual be damaged to the extent that its value is compromised in the opinion of the Engineer, the plant will be removed and replaced by the Contractor with no additional compensation.

Furthermore, the Contractor will reimburse the owner for the aesthetic value of any damaged tree, as determined by a certified arborist using the current International Society of Arboriculture plant appraisal standards.

Perform all work so as to cause minimum soil erosion and comply with the requirements of Section 107-13.

Disposal of debris created by pruning operations will not be allowed on site.

Figure 2

The vegetative clear zone for paved surfaces is measured as shown above, from the roadway side, beginning at two feet before the edge of the paved surface to one foot beyond the opposite side of the paved surface, to a height of eight feet above the paved surface.

The clear zone for insulated utility lines shall be a three (3) feet diameter around the insulated utility line.

Any vegetation covering the face of a roadway sign to the degree that the entire face of the sign is not visible from the travel lane at 900’ from the sign shall be removed.

Crape Myrtle suckers shall be removed from the base of the trunk within one month of appearance. Prune suckers back to their point of origin, making a flush cut, but taking care not to injure the trunk. Do not leave a stub.

When pruning for insulated utility lines through Crape Myrtles, Contractor shall employ “drop-crotch” pruning techniques. Care shall be taken to retain as much of the tree canopy as possible.

Should a Crape Myrtle tree be damaged by any means, Contractor shall remove damaged limbs/branches and when necessary, up right the tree and secure it with guy wires and bark protective hoses, with three points of attachment from tree to ground, spaced at 120 degrees apart, or remove the main trunk of the damaged Crape Myrtle and train new sprouts into a new tree as directed by the Engineer.

Shrubs, perennials and annuals shall be pruned for the purpose of maintaining a desired size. Pruning shall be accomplished in such a way to promote the natural shape of the plant. Seasonal pruning shall be done on spring flowering plants within three (3) months of completed bloom. All other plants shall be pruned between February 1 and March 15.

Follow-up pruning may be required later in the growing season and shall be done as directed by the Engineer.

Pruning will be considered incidental, and no additional compensation will be made.

Watering:

Contractor shall water any new/replacement plantings as directed by the Engineer until they have grown sufficient roots for sustainability. Contractor may access water at the Manteo DOT Maintenance yard at 306 Simon Street, Manteo, NC between the hours of 7:00 am to 3:30 pm, Monday through Friday.

Watering will be considered incidental, and no additional compensation will be made.

Insect, Fungus and Weed Control:

In addition to 1670-7, Contractor shall utilize pesticides to control insect and fungal pests as well as pre and post emergent weeds.

Unless otherwise approved by the Engineer, Contractor shall use DOT approved herbicides from the list provided in Figure 3. No other pesticide may be used until the Contractor has submitted label information to and received product approval for use from the Engineer. Contractor shall indicate the planned rate to be used, the delivery method and the target. Contractor shall submit product labels for approval no later than one month prior to the intended application.

Prior to mulching, Contractor shall successfully treat bed areas and tree rings with herbicide as needed until all…