ladot 4400036702 proposal.pdf

STATE OF LOUISIANA

DEPARTMENT OF TRANSPORTATION

AND

DEVELOPMENT

DOTD

LOUISIANA DEPARTMENT OF

TRANSPORTATION & DEVELOPMENT

PROPOSAL

FOR

STATE PROJECT NO. 4400036702

CONTROL SECTION NO. 013-11

MOWING AND LITTER REMOVAL IN

DISTRICT 62

ROUTE: US 190

ST TAMMANY PARISH

STATE OF LOUISIANA

JENNIFER D. BRANTON

License No. 31529

PROFESSIONALENGINEERCIVIL EN

GINE

ERIN

G

STATE PROJECT NO. 4400036702

TABLE OF CONTENTS

Page No.

Title Sheet

Table of Contents

Notice to Contractors ............................................................................................... 3 thru 5

Special Provisions………………………………………………………….………6 thru 16

Specifications………………………………………………………………………17 thru 37

Project Site Map……………………………………………………………………38

Bid Returnables:

Proposal Returnables Title Sheet

Bid Bond

Schedule of Items

Construction Proposal Signature & Information Forms ................................... 42 and 43

NOTICE TO CONTRACTORS

Sealed bids for performance of the following work will be received by the Louisiana Department of Transportation and Development (DOTD)/ District 62, 685 N Morrison Blvd., Hammond, LA

70401, until 10:00 a.m. on Thursday, November 19, 2026, at which time and place bids will be publicly opened and read. No bids will be received after 10:00 a.m. Any person requiring special accommodations shall notify the Department of Transportation and Development

(DOTD) at (985) 375-0167 not less than three (3) business days before bid opening.

DESCRIPTION: MOWING AND LITTER REMOVAL IN DISTRICT 62

ROUTE: US 190

PARISH: ST TAMMANY

LENGTH: 5.58 miles.

TYPE: THE PROJECT CONSISTS OF MAINTENANCE MOWING, LITTER AND

TRASH COLLECTION AND DISPOSAL, AND TREE AND BRUSH REMOVAL

LIMITS for SPN. 4400036702

LIMITS: Control Section No. 013-11: THE PROJECT BEGINS ON ROUTE U.S. 190, .12 MILES SOUTH OF FORREST DRIVE AND PROCEEDS ON ROUTE U.S. 190 TO

U.S. BUSINESS 190 COLLINS RED LIGHT. (LOG MILE 0.000 TO 5.580)

(APPROXIMATELY 114 ACRES)

ESTIMATED COST RANGE: $ 0.00 to $50,000.00

The estimated cost range is for informational purposes only and may be subject to change. The bid prices received from bidders will be evaluated based on the actual estimate value, which will be published at bid opening, for award determination.

PROJECT ENGINEER: Gottschalck, Clay, P.E.; 685 N. Morrison Blvd., Hammond, LA

70401; Phone: (985) 375-0111

PROJECT MANAGER: Harvey, David, P.E.; Phone: (985) 375-0165

MANDATORY PRE-BID MEETING AND TOUR: There will be a pre-bid meeting and tour held on Tuesday, November 10, 2026, beginning at 9:00 A.M. at the District 62 Headquarters

Building, 685 N Morrison Blvd., Hammond, LA 70401, to discuss the maintenance requirements and tour the areas involved. The meeting and tour will last two hours. FAILURE

TO ATTEND SHALL BE CAUSE TO REJECT OFFEROR’S BID. Please contact the Project

Engineer in advance to reserve space at this meeting, as space is limited.

NOTICE TO CONTRACTORS (CONTINUED)

PROJECT CLASSIFICATION

There are no licensing classifications designated for Mowing projects.

Bids must be prepared and submitted in accordance with Article II: Instruction to Bidders of the specifications below, as amended by the project special provisions, and must include all information required by the proposal. Please be advised if your business is the low bidder for this job, you will not be awarded the project if it is found “Not in Good Standing” for more than twelve months in the Louisiana Secretary of State database.

Bidding proposals shall be obtained at District 62 Headquarters Building, 685 N Morrison Blvd., Hammond, LA 70401, or by contacting the DOTD; Email: betty.tarver@la.gov, Phone (985)

375-0167, or by written requests sent to the Louisiana Department of Transportation and

Development, 685 N. Morrison Blvd., Hammond, LA, 70401. Proposals will not be issued within the twenty-four (24) hours prior to the time set for opening bids.

Construction proposal information may be accessed via the Internet at wwwsp.dotd.la.gov. From the LA DOTD home page, select the following options: BUSINESS Working With DOTD, then

Project Letting Info. Once the Construction Letting Information page appears, find the Notice to Contractors box. From the drop down menu, select the appropriate letting date and press the

“Go To” button to open the page, which provides a listing of all projects to be let and a

Construction Proposal Documents link for each project. All project specific notices are found here. It will be the responsibility of the bidder to check for updates. Additionally, plans and specifications may be seen at District 62 Headquarters located at, 685 N Morrison Blvd., Hammond, LA 70401, or at the Project Engineer's office. Upon request, the Project Engineer will show the project site.

All questions concerning the plans shall be submitted via the Electronic Plans Distribution

Center known as Falcon. All submitted questions will be forwarded by email to the Project

Manager and the Project Engineer. Questions submitted within a period of 96 hours prior to the advertised time for the opening of bids, excluding Saturdays, Sundays, and any other legal holidays, may not be answered prior to bidding. Falcon may be accessed via the Internet at wwwsp.dotd.la.gov. From the home page, select BUSINESS Working With DOTD, then select

Project Letting Info. On the Construction Letting Information page, select the link, DOTD

Plans Room (Falcon); Login to Falcon (or request an ID if a first-time user). Once logged in, you will have access to view Project Information, submit a question concerning the project, and view the plans. To avoid any suggestion that a potential bidder is using the Falcon system to communicate with other potential bidders, DOTD will not post any question or any statement of fact or opinion not made for the purpose of seeking clarification of plans and/or specifications.

Any non-questions posted on falcon will be limited to the statement of an issue considered unresolved by a previous DOTD response.

Bidders assume the responsibility for accessing the Apparent Bid Results and final Bid Results on the Construction Letting Information web page located at wwwapps.dotd.la.gov/engineering/lettings/ to confirm whether they are the apparent low bidder for any given project.

NOTICE TO CONTRACTORS (CONTINUED)

The Engineer may suspend operations for failure to comply with the Temporary Traffic Control measures specified herein.

The U. S. Department of Transportation (DOT) operates a toll free "Hotline" Monday through

Friday, 8:00 a.m. to 5:00 p.m., Eastern Time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should call 1-800-424-9071. All information will be treated confidentially, and caller anonymity will be respected.

SPECIAL PROVISIONS

SECTION 1. TERM:

This contract shall commence upon the issuance of a Notice of Contract Execution by the District

Administrator and shall continue through December 31, 2027 unless renewed, or until contract funds are expended, whichever occurs first. This contract may be renewed at the Department’s exclusive option for FOUR (4) additional 1-year periods The Department, may, at its sole discretion, decline to exercise any of the renewal options of this contract. If renewed, the renewal contract shall commence on January 1, of the year for which the contract is renewed and the renewal contract shall terminate on December 31, of the year for which the contract is renewed, or until contract funds are expended, whichever occurs first.. Upon exercise of an option to renew this contract, within fifteen

(15) calendar days after transmission of a renewal contract to Maintenance contractor, the Maintenance contractor shall return to the Department, the executed renewal contract, together with payment, performance and retainage bonds which are satisfactory to the Department and proof of all required policies of insurance with minimum insurance coverages and all other required contract documents, as are satisfactory to the Department.

In addition, the Department reserves the right to temporarily suspend or cancel any items of work within a construction or maintenance work zone within the limits of this Contract.

SECTION 2. NOTICE TO PROCEED: The Maintenance contractor shall begin each cycle of mowing and/or trash collection, and brush cutting and tree removal under this Contract within seven

(7) calendar days of written notification from the Engineer. Failure of the Maintenance contractor to begin work after notification within the specified time or failure to prosecute the work with sufficient personnel and equipment to complete the work within the allotted time shall be a breach of this

Contract.

SECTION 3. TIME LIMITS

All work to accomplish one combined cycle of mowing, litter and trash collection, and herbicide application under this Contract shall be completed within TWENTY (20) calendar days.

All work to accomplish one cycle of litter and trash collection not performed concurrently with the mowing operation shall be completed within FIFTEEN (15) calendar days.

SECTION 4. EQUIPMENT: Rotary mowers shall normally be utilized in the mowing of the right-of-way; however, sickle mowers, side mounts, flail, or boom mowers may be used to mow around bridges, culverts, sign posts, mailboxes, delineators, flex beam guardrails, wet areas, ditches, etc., as approved by the Engineer. Other types of grass-cutting equipment may be used, provided it has been approved by the Engineer prior to use. All rotary mowers must be equipped with safety chains to prevent damage to property by flying debris from under the mower. Chains shall be a minimum of three eighths inches (3/8") in size and links spaced side by side around the mower's front and sides and long enough to drag the ground at all times during mowing operations. On the rear of the mower, the length of the chains shall be as directed by the Engineer. Maximum cutting widths for rigid frame rotary mowers shall be one hundred eight inches (108"). Hinged or batwing mower cutting widths shall be as approved by the Engineer. Boom mounted or side cut rotary mowers may be required to cut roadside ditches, laterals and any other area not readily accessible to standard mowing equipment.

Hand trimming shall be required in some areas. All mowers shall be kept in good operating condition and shall be maintained to provide a clean sharp cut of vegetation at all times.

All equipment shall be inspected by the Engineer for safety devices and suitability for the work prior to being placed in operation. All safety devices shall be properly maintained and functioning at all times.

SECTION 5. METHODS OF OPERATION:

A. Prior to beginning operations, a conference between representatives of the Department, the Maintenance contractor, and Local Law Enforcement shall be arranged by the

Engineer in accordance with Article VIII, 8.2 below.

B. The maintenance contractor shall submit to the Engineer a list of supervisors who have authority and control over work crews and who will be present with each crew while work is performed. These supervisors shall be so identified to the Engineer and shall have authority to order equipment operators to correct deficient work or to stop mowing operations should unsafe conditions be encountered or if ordered by the Engineer to do so.

All of Maintenance contractor’s supervisors shall be equipped with mobile telephones, and the Maintenance contractor shall provide the Engineer with all the supervisors’ mobile phone numbers.

C. Mowers shall be adjusted for a cutting height as set forth in Maintenance Specification

Section 12, Item NS-MNT-05020 below. Mowing shall not be permitted when, in the opinion of the Engineer, soil and weather conditions are such that right-of-way property will be damaged. However, the Maintenance contractor will be required to provide specialized equipment such as boom or slope mowers to mow areas not accessible to standard mowing equipment. Maintenance contractors must use caution to assure that mud is not tracked onto the road surface. Recurring problems with mud tracking shall result in a five (5) percent reduction in payment for all appropriate mowing cycles.

D. The Maintenance contractor shall mow as close as practicable to all fixed objects exercising extreme care not to damage trees, plants, shrubs, delineators or other road appurtenances that are part of the facility. Hand trimming to remove vegetation around such objects shall be required of the Maintenance contractor.

E. Stands of wild flowers shall not be mowed before their seeds have matured, unless otherwise directed by the Engineer.

SECTION 6. MOWING:

Mowing shall be performed in accordance with requirements specified in all provisions and specifications herein.

Mowing shall consist of the following:

Divided and Undivided Highway and Frontage Roads: As defined below, all mowable areas within the

Department’s right-of-way shall be mowed. Any overhanging branches, vegetation or trees, regardless of size, which may hinder or prohibit mowing to the tree line or right-of-way line shall be removed or cut back to the tree line or right-of-way line by the Maintenance contractor at no direct pay.

However, before removing trees with a diameter greater than two inches, confirm the requirement to do so with the Engineer. Trimmings must be removed from the right-of-way or chipped, with the chips being dispersed in such a manner as to not interfere with drainage.

Mowable areas are defined as all of the grassed or vegetative areas of the right-of-way, extending from right-of-way line to right-of-way line or tree line to tree line or fence line to fence line as applicable, including, but not limited to, banks of natural waterways, swale ditches, V-ditches, ditch bottoms, and slopes. Mowable areas include, but are not limited to, areas under bridges, around guard rails, sign posts, delineators, culvert ends, trees, shrubs, plants, culvert head walls, bridge abutments, bridge or overpass columns and pilings, paved or raised gore areas, paved or raised medians, and along curbs and fences, where the maintenance contractor is required to mow on both sides due to the presence of service roads, swale ditches, V-ditches and slopes, or other facilities. These areas may not be accessible to standard mowing equipment and may require hand trimming or specialized mowing equipment such as boom or side mount mowers.

Mowable vegetation is defined as any tree, vegetation, brush, etc. which is two inches (2”) or less in diameter, measured seven inches (7”) above the ground.

Right-of-Way Line: A strip approximately seven feet (7’) wide along the fence line or right-of-way line is included as mowable area, if applicable and terrain permits. Any overhanging vegetation or fallen trees, regardless of size, which may hinder or prohibit mowing of this strip, shall be removed by the Maintenance contractor at no direct pay.

Natural Waterways or Canals Crossing the Right of Way: All vegetation (weeds, grasses, vines, and trees) on waterway banks (slopes) or canal bottoms, in the median, beneath bridges, or in the right of way up to the tree line or right of way fence line, shall be cut to within seven inches (7”) of the ground by any means the Maintenance contractor chooses, except that all non-mowable vegetation will be removed to ground level. This work shall be performed not less than two (2) times (April and October, or as directed by the Engineer) during the annual Contract. Mowing of this area may require specialized equipment, such as weed trimmers or boom or slope mowers. There will be no direct pay for this work, as the area involved is included in the mowable acreage listed elsewhere. Failure to perform mowing of the natural waterways or canals as required will result in assessment of stipulated damages, placement of the maintenance contractor in default, or withholding up to fifty percent (50%) of any amounts due the Maintenance contractor until completion of the work in a manner satisfactory to the Engineer.

Catch basins: The Maintenance contractor shall perform the mowing operation in such manner to prevent the buildup of debris such as grass clippings on catch basins. Should the mowing operation deposit grass clippings on catch basins, the Maintenance contractor shall be required to remove such from the entrance to the catch basin by hand or other methods. A suggested method of performing the removal of debris or clippings is to stop momentarily atop the catch basin with the mower deck and allow the mower to vacuum such debris from the entrance.

Gates: Gates, when determined by the Engineer to be needed for access to mowable areas, shall be installed by DOTD.

SECTION 7. SIGNING AND TRAFFIC CONTROL:

The contractor shall adhere to the guidance provide by the Manual on Uniform Traffic Control Devices

(MUTCD) on all mowing operations conducted on behalf of the state. Signs, sign stands, and safety flags and any other safety implements referenced by the MUTCD may be required to protect the traveling public, shall be furnished by the Maintenance contractor. All work must be performed within the work zone protected by the required signs. The Maintenance contractor shall be responsible for the maintenance, repairs and/or replacement of all signs, sign stands, and safety flags which become defective, or as may be required by the Engineer. Signs shall be kept clean and legible at all times.

Any other safety materials or devices necessary to perform the work in the Contract in a safe and orderly manner shall be furnished by the Maintenance contractor. Failure of the Maintenance contractor to replace defective safety devices and signs or to conduct his operation in a safe and orderly manner may result in all work being stopped by the Engineer until remedial action is taken by the Maintenance contractor.

SECTION 8. SAFETY REQUIREMENTS:

The importance of safety in the performance of maintenance mowing activities cannot be overemphasized. To that end, the Maintenance contractor shall conduct his operation in a manner such that the safety and convenience of the public is regarded as of prime importance. All equipment and traffic control devices shall be in accordance with the Manual on Uniform Traffic Control Devices

(MUTCD), and these specifications. The Department reserves the right to stop the Maintenance contractor from working or to order any piece of equipment taken off the project, should it be determined that minimum safety standards are not being met. The following specific safety considerations shall be observed at all times:

A. All equipment shall be inspected by the Engineer prior to being placed in service and during the period of service, at his discretion, to insure safety equipment is in place and properly functioning. Should the Maintenance contractor's equipment become deficient in safety devices during prosecution of the work, such equipment shall be removed from service until the deficiency is corrected to the satisfaction of the Engineer.

B. Mowers shall have complete and adequate shielding to prevent flying debris from the cutter blades per OSHA requirements 29 CFR 1910 et seq., including 29 CFR Part

1928.57 regarding guarding of farm field equipment. All rotary mowers must be equipped with safety chains to prevent damage to property by flying debris from under the mower.

Chains shall be a minimum of three eighths inches (3/8") in size and links spaced side by side around the mower's front and sides and long enough to drag the ground at all times during mowing operations. On the rear of the mower, the length of the chains shall be as directed by the Engineer.

C. Workmen employed shall wear orange or lime green clothing of high visibility such as a vest, shirt, or jacket and cap or hard hat when performing litter pickup and trimming operations or at any other time they are located within the right-of-way.

D. The Maintenance contractor shall install amber flashing lights on all vehicles and equipment used in performance of the work. These lights shall be used only during performance of the work and shall not be used when traveling to and from the work site.

E. Tractors shall be equipped with two (2) fender-mounted amber flashing lights, two (2) red flags mounted on each side of the ROPS (Rollover Protection Structure) cage, one (1) plainly visible, rear-mounted slow moving vehicle emblem, and working headlights.

F. Equipment shall not be left unattended within forty-two feet (42’) of any travel lane during non-working hours. Under no circumstances shall mowers be parked or stored on medians less than one hundred feet (100’) in width. Inoperable or broken equipment not promptly prepared shall be moved to a location where it will not present a hazard for traffic.

G. When mowing immediately adjacent to travel lanes, mowers shall operate such that any discharge from the mowers shall be directed away from the travel lanes.

H. When boom-type or slope mowers are operated on the shoulder, a flagger shall be stationed to warn motorist and assist the operator. Warning signs shall be placed at least one thousand feet (1000’) in advance of the mowing operation.

I. When it is necessary for mowing machines to cross bridges with full width shoulders on the right, the crossing should be made on the shoulder. All bridges should be crossed with extreme care and operations planned to reduce such crossings to a minimum.

J. When necessary for mowing machines to cross travel lanes, a location shall be selected that provides a safe and unobstructed sight distance. The operator shall stop before crossing the travel lanes and permit closely approaching vehicles to pass before crossing.

Operations should be planned to minimize crossings.

K. No supply vehicle shall enter the median without the required warning lights functioning, and then only as necessary to repair or remove inoperable equipment.

Payment:

Payment for mowing and litter and trash collection includes furnishing and complying with all safety requirements. When contractor’s operations do not meet safety requirements, payment adjustments shall be assessed. A payment reduction of Five Hundred Dollars ($500.00) will be assessed for every day contractor’s operations do not meet these specifications. Recurring unsafe operations may result in greater reductions.

SECTION 9. WORK PROSECUTION:

The Maintenance contractor shall begin each mowing cycle within seven (7) calendar days after the date of written notification to begin work and shall continuously prosecute same with diligence.

The Maintenance contractor shall employ sufficient workmen and equipment on the project as will enable him to complete the work in a satisfactory manner. The Maintenance contractor shall notify the

Engineer at least twenty-four (24) hours before beginning work on any cycle and shall submit to the

Engineer a daily work report, on forms provided by the Department, to document work locations and work force. Failure of the Maintenance contractor to begin work within the time period specified or to complete work within the time period specified will result in the assessment of stipulated damages in accordance with Article VIII Section 8.5. Assessment of stipulated damages does not waive any other rights afforded DOTD hereunder for breach of Contract.

SECTION 10. DAILY RECORD KEEPING

The Maintenance contractor shall keep a daily record of labor, equipment, and work accomplishment.

DOTD will supply the forms for the Maintenance contractor’s use.

The project number, name of the project (Contract Mowing), weekday, and date shall appear on each report. The report shall be completed as follows:

Under the Maintenance contractors Force and Equipment, list the categories of the labor force

(foremen, operators, laborers) followed by the total number of each on the job;

Under Labor Force, list the categories of equipment used followed by the total number of each on the job;

Under Approximate Work Accomplished, list the daily estimates of acres mowed and cubic yards of litter collected.

The Maintenance contractor shall record and document the amount of trash collected and remit dump tickets to the Engineer for verification and recording.

Each day of the cycle shall have a separate report. The first day’s report shall be Report Number 1, and each subsequent day’s report shall be sequentially numbered until the Engineer accepts the cycle as satisfactorily completed. If the Maintenance contractor does not perform any work on a day during the cycle, a report indicating “no work” shall be submitted for that day.

The Maintenance contractor’s on-site representative is to sign the form in the space labeled “Signature

Inspector.” All other sections of the form may be disregarded.

Completed daily records must be submitted to the Engineer representative prior to invoice processing.

SECTION 11. PAY ITEM NS-MNT-05000, LITTER AND TRASH COLLECTION:

The unit of measurement for litter and trash collection shall be a cycle. A cycle consists of one complete litter and trash collection of the area described. For purposes of litter and trash collection, all reference to acres are approximate, and except as noted in these specifications, no pay adjustment due to acreage variation shall be considered. The number of cycles required may vary due to a variety of conditions. Payment shall be made for the number of cycles actually performed.

When such collection is performed concurrently with the mowing operation, the Maintenance contractor shall collect and properly dispose of all litter and trash ahead of the mowing operation.

The area to be cleaned shall include all grassed areas, ditches, paved roadside shoulders, paved areas adjacent to median cable barriers, fences, and areas on and under overhead bridges. When litter and trash collection is performed concurrently with the mowing operation, all such material uncovered by the mowing operation shall be collected by the Maintenance contractor within forty-eight (48) hours.

Litter and trash collected and piled or bagged on the roadside shall be removed by the Maintenance contractor from the right-of-way by close of business on the same work day. Bagged litter and trash shall not be placed in travel lanes or on paved shoulders. Litter and debris is defined as all loose debris or rubbish, including, but not limited to, paper, cardboard, glass, empty containers, tires, treads, fallen trees and shrubs, and loose wood and concrete, etc., found within the right-of-way, that is not a component part of the facility or its attachments or appurtenances.

Payment shall be made at the Contract unit price under:

Pay Item NS-MNT-05000, One Cycle Litter and Trash Collection, per each.

SECTION 12. PAY ITEM NS-MNT-05020, MOWING:

The unit of measurement for mowing shall be a mowing cycle. A mowing cycle consists of one complete mowing of the area described. For purposes of mowing, all references to acres are approximate and, except as noted in these specifications, no pay adjustment due to acreage variation shall be considered. The number of cycles required may vary due to weather or other conditions.

Payment shall be made for the number of cycles actually performed.

The Maintenance contractor shall have in operation at all times, sufficient equipment of the type required to perform the work within the time specified. Mowers shall be adjusted for a cutting height of approximately seven inches (7”). Trimming shall be performed directly behind the mowers. A follow vehicle equipped with warning lights shall accompany trimming personnel and equipment.

The Department's intent is to maintain grass height generally below eighteen inches (18”). The

Department's written notification for each mowing cycle shall be timed to conform with this intent.

The Maintenance contractor shall be closely monitored by the Engineer to ensure mowing to the required seven inch (7”) cutting height. The Engineer shall provide the Maintenance contractor written notification to begin the mowing cycle. Isolated areas of vegetation such as Johnson Grass, etc., which grow faster than the surrounding Bahia or Bermuda (predominant growth established and the controlling grass element) may be taller than the surrounding grass. The entire area to be mowed shall generally be at the specified height for work to begin. When mowing and litter and trash collection are performed concurrently, litter and trash collection shall precede each mowing cycle, and collection of any material made visible by mowing shall follow each mowing cycle. The Maintenance contractor shall only work during safe daylight hours.

The Maintenance contractor shall hand trim around all fixed objects including, but not limited to, guard rails, sign posts, delineators, culvert ends, trees, shrubs, plants, culvert head walls, bridge abutments, bridge or overpass columns and pilings, paved or raised gore areas, paved or raised medians, paved shoulders and along curbs and fences, where the maintenance contractor is required to mow on both sides due to the presence of service roads, swale ditches, V ditches and slopes, and cable barrier, or other facilities. This also includes the mowable area between the cable barrier and the roadway shoulder including any longitudinal joints. Trimming shall follow the mowing operation by not more than twenty-four (24) hours.

Failure of the Maintenance contractor to mow areas which are wet or have standing water which are accessible to specialized mowing equipment, without prior approval of the Engineer, shall result in the withholding of payment as specified under Section 12, PAY ITEM NS-MNT-05020 below.

The Maintenance contractor may, at its option, provide herbicide treatment around signs, guardrail, culvert ends, bridge revetments, ditches, laterals, or paved or raised gore areas, cable barrier, and along curbs and fences, etc. to reduce the amount of hand trimming. This also includes the mowable area between the cable barrier and the roadway shoulder including any longitudinal joints. Except as otherwise provided in these specifications, spraying of herbicide, either around shrubs, bushes, and trees, or to control general vegetation in or near mowable areas, shall not be allowed. Any vegetation treated with herbicide, pursuant to Department approval, shall be removed by hand or mechanical means to ground level after the manufacturer’s suggested time period to affect plant growth has elapsed. Prior to the use of any herbicides, the Maintenance contractor must contact the Roadside

Development District Coordinator and receive approval for the use type and rate of application of any herbicide.

The Maintenance contractor must present to the Department proof that the personnel applying herbicide have met all training and certification requirements of the Department of Agriculture and shall keep on file for inspection all required documentation and records, as required by law or regulation. The Maintenance contractor shall provide evidence of liability coverage against claims that may arise as a result of the use of herbicides, in accordance with Article VII Section 7.2 of the specifications.

All work performed shall be paid at the unit bid prices for each mowing cycle, which shall be full compensation for furnishing all labor, equipment, and incidentals necessary to complete the work. The

Maintenance contractor shall accept the compensation in full payment for (1) furnishing all materials, supplies, labor, tools, and equipment necessary to complete the work under the Contract; (2) any loss or damage which may arise from the nature of the work, from the action of the elements or from any unforeseen difficulties which may be encountered during prosecution of the work until final acceptance by the Engineer; (3) all risks of every description connected with the prosecution of the work; (4) all expenses and damages which might accrue to the Maintenance contractor by reason of delay in the initiation and prosecution of the work for any cause whatsoever; (5) any site or home office overhead and profit; (6) any infringement of patent, trademark or copyright; and/or (7) for not completing the work according to the specifications. Furthermore, Contractor expressly releases and acquits DOTD, its agents, employees, and assigns from any liability for damage or injury that arises from interaction with, or the condition of, roadways, structures, roadway appurtenances, drainage structures, catch basins, fences, or any other constructs, or vegetation, except where there is conclusive evidence that any damage or injury is due to the Department’s negligence.

The payment of any current or partial estimate SHALL IN NO WAY affect the obligation of the

Maintenance contractor to correct any deficient part of the work at his own cost and to be responsible for all damages due to any such deficiency.

Partial payment may be made when unforeseen or unavoidable circumstances, in the opinion and at the sole discretion of the Engineer, render a complete cycle impracticable. In cases where only a portion of a directed cycle of work is completed, payment for the satisfactorily completed work shall be calculated by deriving the per acre unit price (dividing the per cycle unit bid price by the total estimated acres in a tract) and multiplying that dollar amount by the acres determined to be satisfactorily completed.

Should the Maintenance contractor neglect or refuse to satisfactorily complete the entire cycle or to correct deficient work as directed by the Engineer, fifty (50) percent of any amount earned for that cycle will be retained until the cycle is completed to the satisfaction of the Engineer.

FULL PAYMENT SHALL ONLY BE MADE WHEN THE CYCLE IS COMPLETED TO THE

SATISFACTION OF THE ENGINEER.

Payment shall be made at the Contract unit price under:

Pay Item NS-MNT-05020, One Cycle Maintenance Mowing, per each.

SECTION 13. PAY ITEM NS-MNT-05040, CUTTING BRUSH, AND PAY ITEMS NS-MNT-

05060 and NS-MNT-05080, TREE REMOVAL:

Separate pay items will be included in the bid for a one-time cutting to ground level and disposal of brush and trees, if directed by the Engineer, in order to permit mowing to the right-of-way line or tree line or in natural waterways, canals, and drainage laterals crossing or within the right-of-way. The decision to undertake this work is at the sole discretion of the Engineer and the absence of such work will not invalidate the contract. If such work is ordered, after completing this one-time clearing the

Maintenance contractor shall maintain the area cleared as mowable area, or as specified under "Natural

Waterways or Canals Crossing the Right of Way," at no direct pay. The Maintenance contractor may be allowed additional working days, at the sole discretion of the Engineer when appropriate, to accomplish this clearing.

The work to be done under Pay Items NS-MNT-05040, NS NS-MNT-05060 and NS-MNT-05080 shall consist of removing living and dead brush and/or trees that are located within the right-of-way and that exceed the size limits specified elsewhere herein and prevent or inhibit the complete mowing of the mowable area to ground level. This includes mowable areas at natural waterways, canals and drainage laterals, bridges, fences, culvert ends, and signs. This work also includes satisfactory disposal of the debris created by this work.

Living trees shall only be removed at the direction of the Engineer. Removal of overhanging branches to permit mowing to the tree line shall be included in the Maintenance contractor’s bid price for mowing mowable areas and will not be paid as brush or tree removal items. The Engineer may require removal of any tree within the right-of-way.

These items require the Maintenance contractor to perform manual cutting and disposal of brush and trees from the right-of-way. A tree shall be defined as a woody perennial rising from the ground with a trunk(s) and attaining a height of at least sixteen (16) feet at maturity. To be considered a tree under the terms of these specifications, the perennial’s trunk must be at least five (5) inches in diameter measured four (4) feet above the ground. Brush is defined as woody vegetation with a trunk greater than two (2) inches in diameter measured five (5) inches above the ground, but less than five (5) inches in diameter measured four (4) feet above the ground. Vegetation equal to or less than two (2) inches in diameter measured five (5) inches above the ground is considered mowable and will not be paid as a separate item. The Maintenance contractor shall dispose of brush and trees off the Department’s right-of-way, to the satisfaction of the Engineer. Burning of removed tree and brush debris will not be permitted within any Department-owned right-of-way.

These items do not apply to the 7’ wide strip along the fence line or right-of way line.

Pay Item NS-MNT-05040, Cutting Brush: The area of brush properly cut and removed shall be measured by the acre and shall be paid at the unit price bid under:

Pay Item NS-MNT-05040 Cutting Brush, Per acre.

Pay Items NS NS-MNT-05060 and NS-MNT-05080, Tree Removal: The number of trees of the given size, properly removed, shall be measured per tree and shall be paid at the unit price under:

Pay Item NS-MNT-05060 Tree removal (Less than eighteen (18) inches in diameter), Per Each

Pay Item NS-MNT-05080 Tree removal (Eighteen (18) inches in diameter and greater), Per Each

SECTION 14. PAYMENT ADJUSTMENT FOR MOWING CONTRACTS: Adjustments in the Contract bid price for mowing shall be allowed on this project.

(a) General: Payment for mowing indicated herein shall be adjusted to compensate for cost differentials of diesel fuel when such costs increase or decrease more than five (5) percent from the

Department's established base price for this item. The base price index for diesel fuel will be the monthly price index in effect at the time bids are opened for the project as given in paragraph (b) of this section below.

Payment adjustments will be made each month when a price index for this period varies by more than five (5) percent from its respective base price index to reflect the payment for mowing, which is for each cycle. The monthly price indices to be used with each monthly estimate shall be the price indices for the month in which the estimate period begins.

If the project is placed in default, payment adjustments shall be based on the monthly price indices used for the last monthly estimate period prior to the project being placed in default, unless a monthly price index decreases, in which case the lower monthly price index shall be used.

The payment adjustment shall be calculated on approximated acres per mowing cycle. The approximated acres are given in the pay item description.

(b) Diesel Fuel: The base price index for this project shall be the monthly price index in effect when bids are opened for the project. The monthly price index shall be the Daily Spot Price in dollars per gallon listed on the first day of each month for No. 2 Ultra-Low Sulfur Diesel Fuel listed for the

U.S. Gulf Coast by the United States Energy Information Administration (EIA), which is posted each month at the following URL: www.dotd.louisiana.gov/lettings/lac_price_index/priceindices.asp.

The base price index for diesel for this project shall be $ (4.595) per gallon.

Payment adjustment shall be made in accordance with the following formulas:

If Monthly Price Index exceeds Base Price Index, Pa = (A - 1.05B) x Q x F

If Base Price Index exceeds Monthly Price Index, Pa = (0.95B - A) x Q x F

Where:

Pa = Price adjustment

A = Monthly Price Index (dollars per gallon)

B = Base Price Index (dollars per gallon)

Q = Pay Item Quantity (approximate acres mowed)(acre)

F = Fuel Usage Factor (gallons per acre)

The following is the Contract pay item that is eligible for payment adjustment and the fuel usage factors to be used in making such adjustment.

ELIGIBLE CONTRACT PAY ITEM & FUEL USAGE FACTORS

FOR FUEL FOR MOWING

PAYMENT ADJUSTMENT

ITEM NO.

PAY ITEM

UNITS

FUEL USAGE

FACTOR

Diesel1

NS-MNT-05020

Mowing gal/acre

0.80

1For fuel adjustment purposes, the term "diesel" shall represent No. 2 or No. 4 fuel oils or any of the liquefied petroleum gases, such as propane or butane.

SPECIFICATIONS

Article I. Definitions of Terms: Wherever in these specifications or in other Contract documents, the following terms or pronouns in place of them are used, the intent and meaning shall be interpreted as follows:

1.1 Award of Contract: Transmission of the official written notice to the bidder that the Department intends to enter into a contract for the Project. Notice of award does not create a binding contract.

1.2 Bid: The binding offer of a responsible bidder that was submitted to the Department on the bid forms in accordance with the bidding documents.

1.3 Bid Forms: The portion of the bidding documents, required to be submitted, in accordance with the bidding documents, in order to constitute a bid.

1.4 Bidder: An individual, firm or corporation or any combination thereof submitting a proposal.

1.5 Calendar Day: Every day shown on the calendar, beginning and ending at midnight.

1.6 Certificate of Insurance: Approved document from a company licensed to sell insurance in

Louisiana which attests that a policy is in effect providing the required insurance coverage.

1.7 Change Order (Plan Change): The standard form normally used to describe and detail changes to the contract. When approved and fully executed, the document becomes a part of the contract.

1.8 Contract: The written agreement between the Department and the Maintenance contractor covering the furnishing of materials and performance of the work. The Contract also includes the

General Requirements, Mowing Specifications for Mowing Highway Right-of-Way, Special

Provisions, Project Proposal (Notice to contractors, General Bidding Requirements), Project Plans, Plan Revisions, issued Addenda, and Payment and Performance bonds and Retainage Bond (if applicable).

1.9 Contractor: The individual, partnership, corporation, joint venture, other legal entity, or acceptable combination thereof, that is awarded a contract. (Does the maintenance proposal and specs always reference the Maintenance Contractor? If so, you can leave this one out. If not, include.)

1.10 Controlled Access Highway: Any highway to or from which access is denied or controlled from or to abutting land or intersecting streets, roads, highways, alleys, or other public or private ways.

1.11 Control of Access: The condition where the right of owners or occupants of abutting land or other persons to access, light, air, or view in connection with a highway is controlled by public authority.

Full Control: Preference is given to through traffic by providing access connections with selected public roads only and by prohibiting crossings at grade or direct private driveway connections.

Partial Control: Preference is given to through traffic to a degree that, in addition to access connections with selected public roads, there may be some crossings at grade and some private driveway connections.

1.12 Department: Louisiana Department of Transportation and Development, Party of the First Part.

1.13 Disqualified: Contractor’s or Bidder’s status during the time period in which the Department will not accept its Bids or approve it as a subcontractor.

1.14 Engineer: The Chief Engineer/Assistant Secretary of Operations for the Department or authorized representatives.

1.15 Incidental Work: Work required by the contract that is not directly measured and for which no specific pay item is provided, including all ancillary work necessary to satisfactorily complete all pay items.

1.16 Maintenance contractor: The individual, partnership, firm or corporation or any combination thereof, with whom the Contract is made by the Department.

1.17 Maintenance Proposal: Document furnished to prospective bidders by the Department consisting of, but not limited to, the notice to contractors, special provisions, supplemental specifications, plans, and bid forms.

1.18 Manual on Uniform Traffic Control Devices (MUTCD): The manual adopted by the Department to describe the uniform system of traffic control devices used on state highways.

1.19 Notice of Contract Execution: The notice from the Department that the contract has been fully executed. Once fully executed, the contract is binding.

1.20 Notice to Proceed: Written notice to the contractor to proceed with the contract work which will stipulate the dates that work shall commence and contract time shall begin.

1.21 Pay Item: A specific portion of work for which a price is provided in the contract.

1.22 Payment/Performance/Retainage Bond: The approved form of security, executed by the

Maintenance contractor and Surety, guaranteeing complete execution of the Contract and supplemental agreements thereto, and payment of all legal debts, including liens and monies due the

Department, pertaining to the Contract.

1.23 Plan Change and/or Special Agreement: The title of the standard form normally used to describe and detail changes to the Contract. The document will establish reasons for the changes, specification requirements, method of measurement, basis of payment and Contract time adjustments for the work affected by the changes. When approved and fully executed, the document becomes part of the

Contract and a notice to proceed with the affected work.

1.24 Proposal: The offer of the bidder, made out on the prescribed form, giving unit prices for performing the work described in the plans and specifications.

1.25 Proposal/Bid Guaranty: The security designated in the proposal and furnished by the bidder as a guaranty that the bidder will enter into a Contract if awarded the work. The only form of security acceptable is a Bid Bond.

1.26 Right-Of-Way: Land, property, or interest therein, acquired for or devoted to transportation purposes.

1.27 Specifications: The directions, provisions and requirements contained herein or in special specifications, supplemented by such special provisions as may be issued or made pertaining to the method and manner of performing the work or to quantities and qualities of materials to be furnished under the Contract. Where the phrases "or directed by the Engineer", "ordered by the Engineer" or "to the satisfaction of the Engineer" occur, it is to be understood that the directions, orders or instructions to which they relate are within the limitations of, and authorized by the Contract.

1.28 State: The State of Louisiana.

1.29 Storm Drain: A fully contained and connected set of drainage structures, which capture the rain water runoff from our transportation system.

1.30 Structures: Bridges, tunnels, culverts, catch basins, junction boxes, retaining walls, cribbing, manholes, endwalls, buildings, sewers, service pipes, underdrains, foundation drains and other similar features encountered in the work.

1.31 Subcontractor: An individual, partnership, corporation or other business entity to which the prime

Maintenance contractor sublets, or proposes to sublet, any portion of a Contract.

1.32 Superintendent: The contractor's authorized representative in responsible charge of the work.

1.33 Surety: The corporate body or bodies bound with and for the Maintenance contractor for the faithful performance of the work covered by the Contract and for the payment for all labor and materials supplied in the prosecution of the work.

1.34 Through and Local Traffic:

1. Through Traffic: Traffic that has neither its origin nor destination within the limits of the project.

2. Local Traffic: Traffic that has either its origin or destination, or both, within the limits of the project.

1.35 Traffic/Travel Lane: The portion of traveled way for movement of a single lane of vehicles.

1.36 Traveled Way: The portion of roadway for movement of vehicles, exclusive of shoulders and auxiliary lanes.

1.37 The Work: The work shall include the furnishing of all labor, materials, equipment, and other incidentals necessary or convenient to the successful completion of the activity and the carrying out of all the duties and obligations imposed by the Contract.

Article II. Instructions to Bidders:

2.1 Contents of Proposal Forms: Upon request, bidders will be furnished with a proposal form which will state the location and description of the proposed work, and approximate estimate of the various quantities and kinds of work to be performed or materials to be furnished, a schedule of items for which unit prices are requested, and the time within which the work is to be completed. The Proposal

Returnables bound with or attached to the proposal should be detached and completed by the bidder. The

Proposal Returnables, consisting of the Schedule of Items, the Proposal Guaranty, the Proposal Signature and Execution Form, and any additional returnables, if required in the proposal, shall be returned by the bidder.

2.2 Interpretation of Estimates of Quantities: The quantities listed in the proposal form shall be considered as approximate and used for the comparison of bids.

2.3 Examination of Plans, Specifications, Special Provisions and Site of Work: Examination of Plans, Specifications, Special Provisions and Site of Work: The Maintenance contractor certifies by his submission of a bid that he has examined the proposal, specifications and that he is not aware of any errors, omissions, or ambiguities in the project specifications as to the scope of work required of the

Maintenance contractor. If the Maintenance contractor discovers such an error, omission, or ambiguity prior to the date of the letting, he shall immediately notify the Department through Falcon. The Chief

Engineer will then make such corrections, interpretations, or issue addenda as deemed necessary to fulfill the intent of the project objectives. Submission of a bid shall be considered conclusive evidence that the bidder has made such examinations and is satisfied as to conditions to be encountered in performing the work and as to requirements of the bidding documents.

Failure of the Maintenance contractor to fully examine the specifications or to bring any errors, omissions, or ambiguities which the…