Solicitation Document.pdf

SAP

State of South Carolina

Invitation For Bid

SMALL PURCHASE

EXEMPT

Solicitation:

Date Issued:

Procurement Officer:

Phone:

E-Mail Address:

Mailing Address:

5400021389 05/12/2021

JEFFERY SCHWALK

1-803-737-1018 SchwalkJC@scdot.org SCDOT Procurement Office PO Box 191 Columbia SC 29202-0191

DESCRIPTION: *INTERIM MOWING - FAIRFIELD COUNTY

USING GOVERNMENTAL UNIT: SC Department of Transportation

SUBMIT YOUR OFFER ON-LINE AT THE FOLLOWING URL: http://www.procurement.sc.gov SUBMIT OFFER BY (Opening Date/Time): 05/20/2021 14:30:00 (See "Deadline For Submission Of Offer" provision) QUESTIONS MUST BE RECEIVED BY: NOT APPLICABLE (See "Questions From Offerors" provision)

NUMBER OF COPIES TO BE SUBMITTED: ONE

CONFERENCE TYPE: Not Applicable

DATE & TIME:

(As appropriate, see "Conferences - Pre-Bid/Proposal" & "Site Visit" provisions)

LOCATION: Not Applicable

AWARD &

AMENDMENTS

Award will be posted on 05/21/2021. The award, this solicitation, any amendments, and any related notices will be posted at the following web address: http://www.procurement.sc.gov

You must submit a signed copy of this form with Your Offer. By signing, You agree to be bound by the terms of the Solicitation. You agree to hold Your Offer open for a minimum of thirty (30) calendar days after the Opening Date. (See "Signing Your Offer" provision.)

NAME OF OFFEROR

(full legal name of business submitting the offer)

Any award issued will be issued to, and the contract will be formed with, the entity identified as the Offeror. The entity named as the offeror must be a single and distinct legal entity. Do not use the name of a branch office or a division of a larger entity if the branch or division is not a separate legal entity, i.e., a separate corporation, partnership, sole proprietorship, etc.

AUTHORIZED SIGNATURE

(Person must be authorized to submit binding offer to contract on behalf of Offeror.)

DATE SIGNED

TITLE

(business title of person signing above)

STATE VENDOR NO.

(Register to Obtain S.C. Vendor No. at www.procurement.sc.gov)

PRINTED NAME

(printed name of person signing above)

STATE OF INCORPORATION

(If you are a corporation, identify the state of incorporation.)

OFFEROR'S TYPE OF ENTITY: (Check one) (See "Signing Your Offer" provision.)

___ Sole Proprietorship ___ Partnership ___ Other_____________________________

___ Corporate entity (not tax-exempt) ___ Corporation (tax-exempt) ___ Government entity (federal, state, or local)

COVER PAGE - ON-LINE ONLY (MAR. 2015)

http://www.procurement.sc.gov/ http://www.procurement.sc.gov/

PAGE TWO

(Return Page Two with Your Offer)

HOME OFFICE ADDRESS (Address for offeror's home office / principal place of business)

NOTICE ADDRESS (Address to which all procurement and contract related notices should be sent.) (See "Notice" clause)

_________________________________________________ Area Code - Number - Extension Facsimile

_________________________________________________ E-mail Address

PAYMENT ADDRESS (Address to which payments will be sent.)

(See "Payment" clause)

____Payment Address same as Home Office Address ____Payment Address same as Notice Address (check only one)

ORDER ADDRESS (Address to which purchase orders will be sent) (See "Purchase Orders and "Contract Documents" clauses)

____Order Address same as Home Office Address ____Order Address same as Notice Address (check only one)

ACKNOWLEDGMENT OF AMENDMENTS

Offerors acknowledges receipt of amendments by indicating amendment number and its date of issue. (See "Amendments to Solicitation" Provision) Amendment No. Amendment Issue

Date Amendment No. Amendment Issue

Date Amendment No. Amendment Issue

Date Amendment No. Amendment Issue

Date

DISCOUNT FOR

PROMPT PAYMENT

(See "Discount for Prompt

Payment" clause)

10 Calendar Days (%) 20 Calendar Days (%) 30 Calendar Days (%) _____Calendar Days (%)

PREFERENCES - A NOTICE TO VENDORS (SEP. 2009): On June 16, 2009, the South Carolina General Assembly rewrote the law governing preferences available to in-state vendors, vendors using in-state subcontractors, and vendors selling in-state or US end products. This law appears in Section 11-35-1524 of the South Carolina Code of Laws. A summary of the new preferences is available at www.procurement.sc.gov/preferences. ALL THE PREFERENCES MUST BE CLAIMED AND ARE APPLIED BY LINE ITEM, REGARDLESS OF WHETHER AWARD IS MADE BY ITEM OR

LOT. VENDORS ARE CAUTIONED TO CAREFULLY REVIEW THE STATUTE BEFORE CLAIMING ANY

PREFERENCES. THE REQUIREMENTS TO QUALIFY HAVE CHANGED. IF YOU REQUEST A

PREFERENCE, YOU ARE CERTIFYING THAT YOUR OFFER QUALIFIES FOR THE PREFERENCE

YOU'VE CLAIMED. IMPROPERLY REQUESTING A PREFERENCE CAN HAVE SERIOUS

CONSEQUENCES. [11-35-1524(E)(4)&(6)] ***PREFERENCES DO NOT APPLY***

PREFERENCES - ADDRESS AND PHONE OF IN-STATE OFFICE: Please provide the address and phone number for your in-state office in the space provided below. An in-state office is necessary to claim either the Resident Vendor Preference (11-35-1524(C)(1)(i)&(ii)) or the Resident Contractor Preference (11-35-1524(C)(1)(iii)). Accordingly, you must provide this information to qualify for the preference. An in-state office is not required, but can be beneficial, if you are claiming the Resident Subcontractor Preference (11-35-1524(D)).

***PREFERENCES DO NOT APPLY***

____In-State Office Address same as Home Office Address ____In-State Office Address same as Notice Address (check only one) PAGE TWO (SEP 2009) End of PAGE TWO http://www.procurement.sc.gov/preferences

Bid Opening procedures:

In order to minimize possible exposure of SCDOT personnel and the public to the COVID-19 virus please know that our bid opening procedures are changing for the foreseeable future. You are strongly encouraged to submit responses via SCEIS to minimize everyone’s possible exposure. You may still submit via mail or drop off your paper bid at the front desk with prior notice by calling 803-737-1488.

If you wish to attend the public bid opening for the referenced solicitation please follow the instructions below a few minutes before or at 2:30 PM.

Dial: 1-800-753-1965

Access Code: 7236783

Table of Contents

SAP

SECTION I: SCOPE OF SOLICITATION

ACQUIRE SERVICES

SECTION IIA: INSTRUCTIONS TO OFFERORS – A. GENERAL INSTRUCTIONS

AMENDMENTS TO SOLICITATION

AUTHORIZED AGENT

AWARD NOTIFICATION

DEADLINE FOR SUBMISSION OF OFFER

DRUG FREE WORK PLACE CERTIFICATION

ETHICS CERTIFICATE

PUBLIC OPENING

REJECTION/CANCELLATION

SIGNING YOUR OFFER

VENDOR REGISTRATION MANDATORY

WITHDRAWAL OR CORRECTION OF OFFER

SECTION IIB: INSTRUCTIONS TO OFFERORS – B. SPECIAL INSTRUCTIONS

ON-LINE BIDDING INSTRUCTIONS

UNIT PRICES REQUIRED

SECTION III: SCOPE OF WORK/SPECIFICATIONS

DELIVERY/PERFORMANCE LOCATION -- SPECIFIED

DELIVERY DATE -- PURCHASE ORDER

SECTION IV: INFORMATION FOR OFFERORS TO SUBMIT

INFORMATION FOR OFFERORS TO SUBMIT -- GENERAL

SECTION V: QUALIFICATIONS

QUALIFICATIONS OF OFFEROR

QUALIFICATIONS -- REQUIRED INFORMATION

SUBCONTRACTOR -- IDENTIFICATION

SECTION VI: AWARD CRITERIA

AWARD CRITERIA -- BIDS

AWARD TO ONE OFFEROR

CALCULATING THE LOW BID

COMPETITION FROM PUBLIC ENTITIES

SECTION VIIA: TERMS AND CONDITIONS – A. GENERAL

PURCHASE ORDERS

SURVIVAL OF OBLIGATIONS

TAXES

SECTION VIIB: TERMS AND CONDITIONS – B. SPECIAL

COMPLIANCE WITH LAWS

CONFERENCE -- PRE-PERFORMANCE

CONTRACTOR PERSONNEL

CONTRACTOR'S OBLIGATION -- GENERAL

DEFAULT - SHORT FORM

LICENSES AND PERMITS

RELATIONSHIP OF THE PARTIES

SECTION VIII: BIDDING SCHEDULE/PRICE-BUSINESS PROPOSAL

BIDDING SCHEDULE

SECTION IX: ATTACHEMNTS TO SOLICITATION

ATTACHMENT A: NONRESIDENT TAXPAYER REGISTRATION AFFIDAVIT INCOME TAX WITHHOLDING

ATTACHMENT B: OFFEROR'S CHECKLIST

ATTACHMENT C: CERTIFICATION OF NO SCDOT COMMISSIONER INTEREST

TYPICAL A: SIGN DETAIL

TYPICAL B: SIGN PLACEMENT

TYPICAL C: ROUTINE MOWING (INTERSTATE SHOULDERS/ROADSIDES)

TYPICAL D: ROUTINE MOWING (INTERSTATE MEDIANS)

TYPICAL E: ROUTINE MOWING (INTERSTATE INTERCHANGES)

TYPICAL F: ROUTINE MOWING (INTERSTATE INFORMATION/GUIDE SIGNS)

ROUTINE MOWING: TYPICAL 1: PRIMARY/SECONDARY SHOULDERS/ROADSIDES

ROUTINE MOWING: TYPICAL 2: PRIMARY/SECONDARY SHOULDERS/ROADSIDES

TYPICAL G: RAIL MOWING

APPENDIX 1: ROADS LIST INFORMATION

APPENDIX 2: LOT SUMAMRY INFORMATION

APPENDIX 3: NON-COMPLIANCE NOTICE EXAMPLE

APPENDIX 4: CONTRACTOR’S DAMAGE CLAIM CONTACT INFORMATION FORM

WEEKLY SCHEDULE FORM

I. SCOPE OF SOLICITATION

The South Carolina Department of Transportation (SCDOT) is seeking bids for interim mowing services for Fairfield County.

This will be a one-time activity and will include Routine Mowing Activities for Interstate, Primary, and Secondary routes, as well as Guardrail Mowing for Interstate, Primary, and Secondary Routes.

This solicitation is exempt pursuant to 11-35-710(1).

ACQUIRE SERVICES

The purpose of this solicitation is to acquire services complying with the enclosed description and/or specifications and conditions.

II. INSTRUCTIONS TO OFFERORS -- A. GENERAL INSTRUCTIONS

AMENDMENTS TO SOLICITATION

(a) The Solicitation may be amended at any time prior to opening. All actual and prospective Offerors should monitor the following web site for the issuance of Amendments: www.procurement.sc.gov (b) Offerors shall acknowledge receipt of any amendment to this solicitation (1) by signing and returning the amendment, (2) by identifying the amendment number and date in the space provided for this purpose on Page Two, (3) by letter, or (4) by submitting a bid that indicates in some way that the bidder received the amendment. (c) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged.

AUTHORIZED AGENT

All authority regarding this procurement is vested solely with the responsible Procurement Officer. Unless specifically delegated in writing, the Procurement Officer is the only government official authorized to bind the government with regard to this procurement or the resulting contract.

AWARD NOTIFICATION (MODIFIED)

Notice regarding any award, cancellation of award, or extension of award will be posted at the location and on the date specified on the Cover Page or, if applicable, any notice of extension of award. Should the contract resulting from this Solicitation have a total or potential value in excess of one hundred thousand dollars, such notice will be sent electronically to all Offerors responding to the Solicitation and any award will not be effective until the calendar day (including weekends and holidays) immediately following the seventh business day after such notice is given.

DEADLINE FOR SUBMISSION OF OFFER

Any offer received after the Procurement Officer of the governmental body or his designee has declared that the time set for opening has arrived, shall be rejected unless the offer has been delivered to the designated purchasing office or the governmental body's mail room which services that purchasing office prior to the opening.

DRUG FREE WORK PLACE CERTIFICATION

By submitting an Offer, Contractor certifies that, if awarded a contract, Contractor will comply with all applicable provisions of The Drug-free Workplace Act, Title 44, Chapter 107 of the South Carolina Code of Laws, as amended.

ETHICS CERTIFICATE

By submitting an offer, the offeror certifies that the offeror has and will comply with, and has not, and will not, induce a person to violate Title 8, Chapter 13 of the South Carolina Code of Laws, as amended (ethics act). The following statutes require special attention: Section 8-13-700, regarding use of official position for financial gain; Section 8-13-705, regarding gifts to influence action of public official; Section 8-13-720, regarding offering money for advice or assistance of public official; Sections 8-13-755 and 8-13-760, regarding restrictions on employment by former public official; Section 8-13-775, prohibiting public official with economic interests from acting on contracts; Section 8-13-790, regarding recovery of kickbacks; Section 8-13-1150, regarding statements to be filed by consultants; and Section 8-13-1342, regarding restrictions on contributions by contractor to candidate who participated in awarding of contract. The state may rescind any contract and recover all amounts expended as a result of any action taken in violation of this provision. If contractor participates, directly or indirectly, in the evaluation or award of public contracts, including without limitation, change orders or task orders regarding a public contract, contractor shall, if required by law to file such a statement, provide the statement required by Section 8-13-1150 to the procurement officer at the same time the law requires the statement to be filed.

PUBLIC OPENING (JAN 2004)

Offers will be publicly opened at the date/time and at the location identified on the Cover Page, or last Amendment, whichever is applicable. [02-2A090-1]

REJECTION/CANCELLATION (JAN 2004)

The State may cancel this solicitation in whole or in part. The State may reject any or all proposals in whole or in part. [SC Code Section 11-35-1710 & R.19-445.2065] [02-2A100-1]

SIGNING YOUR OFFER (JAN 2004)

Every Offer must be signed by an individual with actual authority to bind the Offeror. (a) If the Offeror is an individual, the Offer must be signed by that individual. If the Offeror is an individual doing business as a firm, the Offer must be submitted in the firm name, signed by the individual, and state that the individual is doing business as a firm. (b) If the Offeror is a partnership, the Offer must be submitted in the partnership name, followed by the words by its Partner, and signed by a general partner. (c) If the Offeror is a corporation, the Offer must be submitted in the corporate name, followed by the signature and title of the person authorized to sign. (d) An Offer may be submitted by a joint venturer involving any combination of individuals, partnerships, or corporations. If the Offeror is a joint venture, the Offer must be submitted in the name of the Joint Venture and signed by every participant in the joint venture in the manner prescribed in paragraphs (a) through (c) above for each type of participant. (e) If an Offer is signed by an agent, other than as stated in subparagraphs (a) through (d) above, the Offer must state that is has been signed by an Agent. Upon request, Offeror must provide proof of the agent's authorization to bind the principal. [02-2A115-1]

VENDOR REGISTRATION MANDATORY

You must have a state vendor number to be eligible to submit an offer. To obtain a state vendor number, visit www.procurement.sc.gov and select New Vendor Registration. (To determine if your business is already registered, go to "Vendor Search"). Upon registration, you will be assigned a state vendor number. Vendors must keep their vendor information current. If you are already registered, you can update your information by selecting Change Vendor Registration.

(Please note that vendor registration does not substitute for any obligation to register with the S.C. Secretary of State or S.C.

Department of Revenue. You can register with the agencies at http://www.scbos.com/default.htm) [02-2A145-1]

WITHDRAWAL OR CORRECTION OF OFFER

Offers may be withdrawn by written notice received at any time before the exact time set for opening. If the Solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for opening.

A bid may be withdrawn in person by a bidder or its authorized representative if, before the exact time set for opening, the identity of the person requesting withdrawal is established and the person signs a receipt for the bid. The withdrawal and correction of Offers is governed by S.C. Code Section 11-35-1520 and Regulation 19-445.2085. [ http://www.scbos.com/default.htm

II. INSTRUCTIONS TO OFFERORS -- B. SPECIAL INSTRUCTIONS

ON-LINE BIDDING INSTRUCTIONS

(a) Mandatory Registration. You must register before you can submit an offer on line! See clause entitled "VENDOR

REGISTRATION MANDATORY."

(b) Steps for On-Line Bidding 1 The link provided on the solicitation's Cover Page will take you to our web based on-line bidding system, where you will enter and/or upload your offer.

2 Follow the general user instructions posted at www.procurement.sc.gov under the heading "Submitting Offers."

3 Confirm your offer has a status of "submitted" by refreshing the "RFx and Auctions" screen.

Only offers with a status of "submitted" have been received by the State.

Offers with a status of "saved" have not been received.

4 Save or print a copy of your offer using the "Print Preview" button after your offer has been submitted.

If you encounter problems with your on-line submission you may contact the SCEIS Help Desk for assistance. The Help Desk number is 1-803-896-0001.

UNIT PRICES REQUIRED

Unit price to be shown for each item.

III. SCOPE OF WORK/SPECIFICATIONS

1.0 OVERVIEW

1.1 Location

This work will be performed in Fairfield County. This is an interim mowing activity including Routine Mowing for Interstate, Primary, and Secondary Routes, and Guardrail Mowing For Interstate, Primary, and Secondary Routes. Work will be under the direction of staff located at the SCDOT Fairfield Maintenance Facility.

1.2 Intent

This document provides specifications for the following activities and associated activities within the South Carolina Department of Transportation (SCDOT) rights-of-way, and specific to the interim mowing activity covered in this Invitation for Bid (IFB):

ACTIVITIES:

• Routine Mowing (Interstate): includes Shoulders, Medians, Interchanges, Signs and Structures

• Routine Mowing (Primary): includes Shoulders, Medians, Interchanges, Signs and Structures

• Routine Mowing (Secondary): includes Shoulders, Medians, Interchanges, Signs and Structures

• Rail Mowing (Interstate): includes Guardrail and Cable rail

• Rail Mowing (Primary): includes Guardrail and Cable rail

• Rail Mowing (Secondary): includes Guardrail and Cable rail

ASSOCIATED ACTIVITIES:

• Work Zone Traffic Control

• Woody Vegetative Debris Management

Work will be inspected/monitored by SCDOT.

Actual locations (i.e., Lists of roads) and the quantities (i.e., acres) will be provided with the bid solicitation. In accordance with TYPICALS in these specifications, all measurements are made horizontally, except on steep slopes. On steep slopes, measurements are along the slope. Acreage calculations for mowing reflect areas to be mowed. Acreage calculations for brush management reflect areas outside of the routine mowing limits where brush management is to be performed.

All mowing, brush management, and associated activities described herein shall include the furnishing of all implements, machinery, equipment, tools, materials, transportation, labor, licenses, fuel, and incidentals. Each mowing activity (i.e., each line item) is independent and SCDOT may request to have one or more mowing activities start on the same date and/or be performed at the same time.

The areas within the SCDOT rights-of-way where MOWING / BRUSH MANAGEMENT will occur will be in accordance with limits established in these specifications and will be monitored by the respective SCDOT Resident Maintenance Engineer or appointee such as an inspector, hereinafter referred to as the Engineer. The bidder who successfully enters into a contractual agreement with SCDOT to perform MOWING / BRUSH MANAGEMENT described in the specifications is hereinafter referred to as the Contractor.

1.2.1 Interstates Schedule

SCHEDULE IS PROVIDED FOR INFORMATION PURPOSES ONLY. FOR THIS INTERIM

MOWING ACTIVITY, THE DATE RANGES WILL BE DETERMINED BY THE RESIDENT

MAINTENANCE ENGINEER OR DESIGNEE FOR FAIRFIELD COUNTY, AND

COMMUNICATED TO THE AWARDED CONTRACTOR VIA PURCHASE ORDER.

Each Interstate Mowing Activity for each lot shall begin and be completed per the following schedule.

Required Start Dates

INTERSTATE

MOWING

ACTIVITY

Cycle

1 2 3 4 5 6

Routine Mowing

March

April

June

July

Sept.

Oct.

Ditch January 1 through December 31

Bridge January 1 through December 31

ODA Schedule to be determined by Engineer Brush

Management January 1 through December 31

1.2.2 Primary and Secondary Schedule

FOR THIS INTERIM MOWING ACTIVITY, THE DATE RANGES WILL BE DETERMINED

BY THE RESIDENT MAINTENANCE ENGINEER OR DESIGNEE FOR FAIRFIELD

COUNTY, AND COMMUNICATED TO THE AWARDED CONTRACTOR VIA PURCHASE

ORDER.

The frequencies (i.e. cycles) advertised throughout these specifications are a general statewide guide and are ESTIMATES ONLY. The frequency of each activity may fluctuate (i.e., may increase or decrease) for any reason including but not limited to funding, weather conditions, and/or agency directive. Some lots (counties) may advertise estimated activity frequencies on the respective APPENDIX 2. LOT SUMMARY that are different from the estimated frequencies reported in these specifications. Regardless, the frequencies advertised anywhere herein or in any associated document are ESTIMATES

ONLY.

2.0 DEFINITIONS

2.01 SCDOT

SCDOT refers to the South Carolina Department of Transportation.

2.02 Procurement

Procurement refers to the SCDOT Procurement Office.

2.03 Engineer / Inspector

Engineer refers to the respective county SCDOT Resident Maintenance Engineer or appointee, such as an inspector.

2.04 Contractor

Contractor refers to the bidder who successfully enters into a contractual agreement with SCDOT to perform the mowing activities described in these specifications.

2.05 Mowing Vegetation

Any plants including woody vegetation up to one inch diameter measured at a height of five feet above the ground surface.

2.06 Tree

A tree is defined as a plant of woody nature, generally single-stemmed, that has a diameter of larger than three inches measured at a height of five feet above the ground surface.

2.07 Tree Line

The tree line is defined as the edge of the relatively straight line of trees closest to the roadway. The tree line will only alter where there is a distance of fifteen feet or more between the trees closest to the roadway. The Engineer shall determine the tree line.

2.08 Brush

Brush is defined as plants of woody nature that may have several stems and has a diameter, measured per single stem, of three inches or less measured at a height of five feet above the ground surface.

2.09 Steep Slope

A steep slope is defined as a slope of 2:1 (i.e., 30 degrees) or greater.

2.10 Interstate Segment

A segment of the interstate is defined by the continuous interstate roadway between interchanges/intersections.

2.11 Inclement Weather

As determined by the Engineer, inclement weather is defined as any time during the allowed hours of operation whereby weather or conditions due to weather: 1) prevents safe performance of the activity (e.g., impaired visibility, slippery conditions), 2) performing the activity will likely result in damage to SCDOT property (e.g., equipment-induced ruts in soil surface due to wet/soggy conditions), or 3) prevents the work from being performed satisfactorily to meet the requirements of the specifications. The minimum increment of inclement weather is ½ day (= minimum 4 hours). The Engineer shall advise the Contractor of the number of approved inclement weather days as they occur. No mowing activity of any type (including but not limited to mowing such as hand trimming performed using line trimmers, push mowers, etc.) is permitted when the Engineer declares that Inclement Weather is in effect.

2.12 Rail

Rail is a general term used to define all types of guardrail and cable rail. Rail length is measured in linear feet in one direction, from a beginning mile point to an ending mile point.

2.13 Business Day

A business day is defined as any weekday (i.e., Monday through Friday), excluding observed State holidays. Saturday is not considered a business day.

2.14 R/W and/or ROW

The abbreviations, R/W and/or ROW, appearing on some typicals, refer to the SCDOT right-of-way limit.

2.15 ODA

The abbreviation ODA, appearing on some typicals, refers to Outdoor Advertising Windows.

2.16 Structure

A structure is any SCDOT component or appurtenance, except rail and signs, that is associated with its road system. Structures include but are not limited to culverts/pipes, catch basins, manhole covers, etc.

2.17 Sign

A sign is any SCDOT sign including but not limited to information and guide signs installed within the SCDOT right-of-way EXCEPT logo signs. A logo sign is a sign erected along interstate routes that usually has a blue-colored background and contain advertisement for businesses, excluding hospitals.

2.18 Vegetation

Vegetation is defined as plants.

2.19 Estimated Annual Frequency

NOT APPLICABLE FOR THIS INTERIM MOWING ACTIVITY

2.20 District Engineer

District Engineer refers to the District Engineering Administrator or their designee in each District.

3.0 GENERAL PROVISIONS

3.01 Standard Specifications

The Contractor must adhere to the rules and regulations of the latest edition of the South Carolina Department of Transportation Standard Specifications for Highway Construction (hereinafter called Standard Specifications).

(http://www.scdot.org/doing/construction_StandardSpec.aspx) http://www.scdot.org/doing/construction_StandardSpec.aspx

3.02 Work Quantities/Modifications/Exceptions

3.02.01 Work Quantities

The acres and linear feet for each mowing activity are shown in the summary document posted in conjunction with this solicitation.

3.02.03 Disputed Quantities

The Contractor must report disputed quantities to the Engineer before the completion of the second cycle (first year only).

When a Contractor disputes the quantities reported on the Purchase Order, the following process will be instituted:

1. The Contractor reports the discrepancy to the Engineer.

2. The Engineer investigates.

3. The Engineer and the Contractor reach an agreement. If no agreement can be attained, the Engineer shall submit the issue to his/her respective District Engineer who will serve as the arbitrator for the case.

4. The Engineer reports the agreement, if any reached, to Procurement. If necessary, the Engineer requests a change in the contract.

5. If a change is approved, Procurement modifies/amends the contract (within allowable contracting limits). The Engineer modifies the Purchase Order accordingly.

3.02.04 Construction Projects

Mowing within the limits of a construction project will be as directed by the Engineer.

3.03 Pre-Work Procedures

3.03.01 Site Visit

Pre-Bid site visits are not mandatory but are highly recommended. Each bidder must fully acquaint himself/herself with conditions relating to the scope and restrictions attending the execution of the work under the conditions of these specifications. The failure of the bidder to visit the sites prior to bid submittal does not relieve the bidder of the responsibility of meeting the requirements of the Bid or Specifications nor will it be a cause for modifying and/or adjusting prices submitted.

3.03.02 Pre-Performance Meeting

Section 108.2 of the Standard Specifications shall apply. A pre-performance meeting shall be held after the purchase order, prior to beginning mowing. This meeting shall be used to review appropriate details of the work. Additionally during the meeting, the Contractor shall provide to the Engineer the name and phone number of the responsible foreman or superintendent on the job. This person will be available within an hour’s notice, if needed. All work performed by the Contractor shall be subject to the supervision and satisfaction of the Engineer.

3.04 Work Expectations and Limitations

Section 107.16 (Preservation and Restoration of Property, Tree, Monument, etc.) of the Standard Specifications shall apply. Section 107.17 (Forest Protection) of the Standard Specifications shall apply.

3.04.01 Activity Cycle Start Date

The Contractor shall begin the requested brush management and/or mowing activity on the start date announced by the Engineer, unless inclement weather occurs on that date as determined by the Engineer. Work may begin prior to the announced start date only if the Engineer approves.

3.04.02 Weekly Schedule

Prior to commencing the activity cycle, the Contractor shall furnish the Engineer a written activity schedule for a one-week period prior to commencing the respective mowing activity each week. The schedule shall indicate the locations where the mowing activity is expected to occur during that week. No work shall commence until the respective weekly schedule is provided. (See Schedule Form in Appendix 5)

3.04.03 Activity by SCDOT Forces

SCDOT reserves the right to perform any mowing activity with its right-of-way at any time during the life of the contract using its forces.

3.04.04 Hours and Days

All activity including moving to and from the work site shall be confined to the hours of sunrise to sunset. No work shall be performed on Sundays or State-observed Holidays. Work performed in metropolitan areas (e.g., Greenville, Spartanburg, Rock Hill, Columbia, Charleston) may be restricted to specific times at the discretion of the Engineer to minimize traffic disruption. Work is permitted on Saturdays but this day is not considered a business day. Work performed on Saturdays is still subject to the specifications herein.

3.04.05 Worker Attire

At a minimum, workers shall wear a shirt with a factory hemmed sleeve or blouse and long pants or trousers worn as intended.

Tank tops, cutoff shirts and shorts are not appropriate work attire. Refer also to SECTION 7.04 Work Zone Traffic Control

– Worker Requirements of these specifications.

3.04.06 Work Progression and Completion

Section 108.03 of the Standard Specifications shall apply. Work shall be performed diligently with sufficient personnel and equipment to ensure the completion of the activity cycle by the end of the pre-determined number of business days to complete the cycle as indicated in APPENDIX 2. LOT SUMMARY. Work shall not be suspended for any reason other than inclement weather. No mowing will be permitted after November 15, even if the cycle in progress is incomplete.

EXCEPTION to the March 15 through November 15 Period will only occur when directed by the Engineer as approved by the SCDOT District Engineer.

3.05 Negligent Operation – Damage to SCDOT Property

The Contractor shall conduct work with care and diligence to prevent damage to SCDOT property. Negligent operation by the Contractor that results in damage to SCDOT property shall result in a notification of non-compliance and a non-refundable deduction assessed per offense AND a charge of the actual cost incurred by SCDOT to repair the damage.

The Engineer shall verbally notify the Contractor within two business days of discovered damage to SCDOT property. Within two business days following the verbal notification, the Engineer shall notify the Contractor of the damage sustained and the assessed non-refundable deduction, in writing, using the NON-COMPLIANCE NOTICE (APPENDIX 3).

If the contractor performs work on roads that were not included in the submitted weekly schedule as required under 3.04.02, the contractor is still liable for any damage done to SCDOT property on roads that have been mowed without prior notice to the department. If this occurs, the requirement for the Engineer to notify the contractor of damage within two business days is negated. Any occurrence will result in a notice of non-compliance and a non-refundable deduction regardless of the date of occurrence as long as the Engineer follows the requirements of notification as described here (3.05) within twenty four hours of the discovery of the damage.

Examples of damage to SCDOT property due to negligent operation include but are not limited to:

• leaning/bent/fallen signs

• damage to an SCDOT structure

• damage to non-target roadside vegetation

• damage to rail

• damage to the road surface

• scattering of litter and debris packaged in trash bags

The Contractor shall not attempt to repair damage to SCDOT property.

If SCDOT has to repair an item damaged back to SCDOT standards it is considered an offense. As a result, a non-compliance notice will be issued and a non-refundable deduction will be assessed. For example, if the Contractor damages a sign that has 2 posts and 2 panels, the Contractor will be assessed one non-compliance notice and assessed the non-refundable deduction amount announced in the TABLE OF NON-COMPLIANCE ITEMS in SECTION 3.06 of these specifications plus the cost to repair the sign. If the Contractor damages another sign in a different location, even on the same day, this is considered a separate incident and the Contractor will be assessed another non-compliance notice and will again be assessed the non-refundable deduction amount announced in the TABLE OF NON-COMPLIANCE ITEMS in SECTION

3.06 of these specifications plus the cost to repair the sign .

3.06 Non-Compliance / Non-Refundable Deductions / Contract Termination

Non-Compliance: The Engineer determines that the Contractor has failed to comply with work required under the terms of the contract as written in the specifications. Non-compliance items are divided into two categories as follows:

CATEGORY A: Category A items of non-compliance may result in non-refundable deductions against the Contractor AND the Contractor may be subject to contract termination.

CATEGORY B: Category B items of non-compliance may result in non-refundable deductions against the

Contractor AND the Contractor may be subject to contract termination.

Non-Refundable Deductions: Non-refundable deductions assessed will be deducted from the Contractor’s invoice for payment.

The list of non-compliance items and respective non-refundable deductions is provided below in the TABLE OF

NON-COMPLIANCE ITEMS.

• The Engineer may suspend work if non-compliance occurs, regardless of category, until actions are corrected.

• The Engineer will report Non-Compliances and Non-Refundable Deductions assessed to the Contractor using the NON-COMPLIANCE NOTICE (APPENDIX 3), by email within three business days of non-compliance identification.

• The receipt of three (3) or more Category A non-compliance notices or two (2) or more Category B non-compliance items may result in corrective action, up to and including contract termination.

• The Contractor shall reply to the Engineer’s non-compliance email within two business days of receipt. The Contractor must dispute any non-refundable deductions in writing within three business days of receipt of notification of assessment.

• The Engineer and the Contractor reach an agreement. If no agreement can be attained, the Engineer shall submit the issue to his/her respective District Engineer or his/her designee who will serve as the arbitrator for the case.

The District Office may elect to involve the State Vegetation Manager to assist in arbitration.

TABLE OF NON-COMPLIANCE ITEMS

Category Item Specification Non-Refundable

Deduction

A

Inclement Weather 2.11, 4.04 $500 per offense

Pre-Construction Conference 3.03.05 $500 per offense

Weekly Schedule and Reporting 3.04.02, 3.04.06 $500 per offense

Work Hours and Days 3.04.04 $500 per offense

Worker Attire 3.04.05 $500 per offense

Negligent Operations-Damage to SCDOT Property

3.05 $500 per offense + repair cost

Equipment–General, Travel, Parking

6.01, 6.02, 6.03 $500 per offense

Woody Vegetative Debris Management

8.0 $750 per offense

Vegetative Debris on Road Surface

All Activities $500 per offense

Routine Mowing 10.0, 11.0, 12.0 $750 per offense

Brush Management 9.0 $750 per offense

Rail Mowing 13.0, 14.0, 15.0 $750 per offense

Ditch Mowing 16.0 $750 per offense

Bridge Mowing 17.0, 18.0, 19.0 $750 per offense

ODA Mowing 20.0, 21.0 $750 per offense

B

Activity Start Date 3.04.01 $1,000 per business day until work begins

Work Progression(i) and Completion(ii)

3.04.06

(i) $1,000 per business day that work is suspended

(ii) $1,000 per business day until work is complete

Work Zone Traffic Control – Signs, Stands, Equipment lights, Equipment flags, Worker safety vests

7.01, 7.02, 7.03, 7.04

$1,000 per offense

3.07 Disputes

Disputes, excluding those involving contract modifications, between the Contractor and the Engineer shall be addressed in the following manner:

1. The Contractor reports the dispute to the Engineer.

2. The Engineer investigates. If no agreement can be attained, the Engineer shall submit the issue to his/her respective District Engineer.

3. The District Engineer investigates and serves as the arbitrator for the dispute. The District Office may elect to involve the State Vegetation Manager to assist in arbitration.

3.08 Work Acceptance and Payment for Work

3.08.01 Work Acceptance

The provisions for partial acceptance for a unit of the project as set forth in Section 105.15; paragraph (a) of the Standard Specifications shall apply. Each road shall be considered a unit of the project. A road will be accepted only when the mowing activity/activities and all associated activities have been fully completed per the specifications on that road.

3.08.02 Invoices

The Contractor may only invoice for the accepted quantities of mowing completed. The Contractor shall request payment by submitting to the Engineer a properly prepared invoice that includes the following:

• Invoice Date

• Contractor Name and Address

• Associated Purchase Order Number

• Associated Contract Number

• Type of Mowing Activity Performed

• Quantity of Acres Mowed by Line Item

• Quantity of Acres of Brush Management

• Quantity (Linear Feet) of Rail Mowed

• Unit Price(s)

• Extended Price(s)

• Non-Refundable Deductions and Repair Costs

3.08.03 Payment

Payment to the Contractor will be full compensation for all implements, machinery, equipment, tools, materials, transportation, labor, licenses, fuel, incidentals, vegetative debris management and work zone traffic control necessary to satisfactorily perform the mowing activity/activities and the associated activity/activities described in these specifications.

4.0 ENGINEER RESPONSIBILITIES

The Engineer shall be responsible for:

• Establishing the start date for all mowing activities (SECTION 4.01)

• Inspecting all equipment prior to and during each activity (SECTION 4.02)

• Monitoring Contractor performance (SECTION 4.03)

• Determining Inclement Weather (SECTION 4.04)

• Tree removal (SECTION 4.05)

• Litter collection coordination (SECTION 4.06)

• Receiving and processing invoices (SECTION 3.09.02)

4.01 Activity Start Date

The Engineer shall announce the respective activity start date to the Contractor in writing.

4.02 Equipment Inspection

Prior to and during any activity by the Contractor, the Engineer shall inspect all equipment to verify that it is appropriate for the activity to be performed and that it meets all specifications described in SECTION 6.0 and SECTION 7.0. The Engineer shall direct the Contractor to suspend activity when at any time equipment does not meet the specifications described herein.

No work may proceed until the deficiency is corrected.

4.03 Monitoring Contractor Performance

The Engineer shall monitor/inspect the performance of the Contractor each business day that the Contractor is actively working to ensure that the activity or associated activity meets the requirements presented in these specifications. The Engineer shall also maintain each business day, a log or diary of pertinent information such as communication with the Contractor, weather conditions, complete and incomplete work, etc. The Engineer shall document relevant contract information in the SCDOT Highway Maintenance Management System (HMMS). The Engineer shall direct the Contractor to take immediate action to correct any Work Zone Traffic Control deficiency. The Engineer shall communicate to the Contractor within two business days: 1) any substandard performance, 2) any roads ACCEPTED (See SECTION 3.08.01), and 3) any SCDOT property damage (See SECTION 3.06). Substandard work (i.e., any performance deficiency) must be corrected the next business day. The Engineer shall not direct the Contractor to correct a performance deficiency if more than two business days have elapsed from the time the work was performed.

If the contractor has not submitted their weekly schedule as required under 3.04.02, any substandard work will be subject to required rework regardless of the date of occurrence as long as the Engineer follows the requirements of notification as described here (4.03) within twenty four hours of the discovery of the substandard work. Once a road has been inspected and accepted by the Engineer, the Engineer cannot request the Contractor perform more work on that road. As a guide, the percentage of work accomplished should equal or exceed the percentage of time elapsed for the activity cycle. For example, the Engineer indicated on the bid sheet 20 business days to complete the routine mowing cycle on 100 acres. By day 10, the Contractor should have completed routine mowing on at least 50 acres.

4.04 Determining Inclement Weather

The Engineer shall advise the Contractor each business day of the number of approved inclement weather days as they occur.

The Engineer shall document this in the log or diary and in HMMS. Refer to SECTION 2.11 for information regarding inclement weather.

4.05 Tree Removal

The Engineer shall be responsible for the removal of trees within the limits of Routine Mowing and Brush management operations. A tree is defined in section 2.06. The Engineer shall remove trees within the limits of operations prior to directing the Contractor to perform Ditch Mowing.

5.0 CLAIMS

5.01 Negligent Operation - Third Party Property Damage

Negligent operation that results in damage sustained by a third party’s property, requires receipt of a claim from the third party. Examples of damage to third party property due to negligent operation include but are not limited to damage to: private real property, such as mowing or applying herbicides to vegetation that is not within SCDOT right-of-way, a mailbox(es), a driveway(s), a third party vehicle(s) or property caused by an item ejected from a mower, a utility feature(s). The Contractor will indemnify and hold harmless SCDOT and all of its officers, agents, and employees from all suits or claims for property damage pursuant to Section 107.18 of the Standard Specifications.

In cases of third party property damage claims resulting from mowing activities and/or associated activities performed by the Contractor, SCDOT shall provide to the claimant the Contractor’s name, address and phone number. The Contractor shall be responsible for receiving and processing such claims.

5.02 Third Party Personal Injury

The Contractor will indemnify and hold harmless SCDOT and all of its officers, agents, and employees from all suits or claims for personal injury pursuant to Section 107.18 of the Standard Specifications. In cases of third party personal injury claims resulting from mowing activities and/or associated activities performed by the Contractor, SCDOT shall provide to the claimant the Contractor’s name, address and phone number. The Contractor shall be responsible for receiving and processing such claims.

6.0 EQUIPMENT

6.01 Equipment-Contractor Inspection

Prior to and during activity, the Contractor shall routinely inspect all equipment to verify that it is appropriate for the activity to be performed and that it meets all specifications described in Section 6.0 and Section 7.0. The Contractor shall immediately suspend activity when at any time equipment does not meet the specifications described herein. No work may proceed until the deficiency is corrected.

6.02 Equipment-Performance and Safety

The Contractor must use equipment that is designed to perform the mowing activities and all associated activities as prescribed and within the time specified. SCDOT reserves the right to deny use of equipment that in their opinion is deemed inappropriate or unsafe to operate. Cutting equipment shall be equipped with shields to prevent objects from being ejected.

All equipment shall conform to prevailing Occupational Safety Health Act standards.

6.03 Equipment-Operation

Equipment shall not block vehicular or pedestrian traffic. The Contractor is responsible for clean-up of any environmentally sensitive material spilled during equipment servicing or from leaking equipment. Equipment shall be operated to prevent damage to SCDOT property and third party property. All mowing/cutting equipment shall have sharp blades to provide a clean cut and be equipped with guards to prevent objects from being ejected. Equipment shall be maintained in good cutting condition. Routine equipment maintenance will only be allowed in designated parking areas identified in SECTON 6.03 Equipment-Parking. Refer to SECTION 7.03 Work Zone Traffic Control-Equipment Requirement for details regarding equipment Work Zone Traffic Control requirements.

6.04 Equipment-Travel

Activities should be performed in the same direction as the flow of traffic. Equipment is restricted to traveling on the right hand shoulder of interstate routes when not actively managing vegetation and in no case shall travel be in traffic lanes except to cross the pavement for purposes of operating adjacent to the left shoulder. When crossing the travel lanes cannot be avoided, extreme care shall be taken to ensure the safety of the operator and the traveling public. Turnarounds shall be confined to intersections or to interchanges. Activities along the interstate shall be conducted such that the equipment does not encroach into the travel-way. If this is not possible, a lane closure with appropriate traffic control may be required by SCDOT. On two-lane minor primary highways and secondary roads, encroachment onto the travel-way will be held to the minimum possible to satisfactorily accomplish the work. Appropriate Equipment should be used to minimize encroachment into the travel lane.

6.05 Equipment-Parking

Parking of Contractor’s vehicles and equipment will be permitted within SCDOT right-of-way only at locations designated by the Engineer or on non-SCDOT property with prior (written) approval from the property owner. In no case shall any vehicle or equipment be parked in the interstate median or within thirty feet of the travel-way of an interstate route. Damage to vegetation or soil within areas permitted for parking will be corrected at the Contractor’s expense. Parking of private vehicles within the interstate right-of-way is prohibited at all times.

7.0 WORK ZONE TRAFFIC CONTROL

7.01 Work Zone Traffic Control - General

The Contractor shall provide Work Zone Traffic Control for all mowing activities and the associated activities (i.e., Woody Vegetative Debris Management) stated in these specifications. Work Zone Traffic Control (including devices, placement, equipment/vehicle requirements, and worker requirements) shall comply with these specifications, all supplemental specifications, the Engineer, and the latest editions of the following documents. These documents are available on the internet website links indicated.

Manual of Uniform Traffic Control Devices (MUTCD) SCDOT Standard Specifications for Highway Construction Approved Products List for Traffic Control Devices in Work Zones Applicable SCDOT Traffic Engineering Standard Drawings Engineering Directive No. 32 – Hourly Restrictions for Lane Closures on Interstates and Primary Routes

(For areas where dual lines of cable rail are in place on the interstate requiring the work be conducted under lane closures)

These documents are available on the following SCDOT internet website:

https://www.scdot.org/business/business-landing.aspx

All Work Zone Traffic Control devices shall be appropriate/proper for the given work zone and shall be in place before work commences each business day. The Engineer shall direct the Contractor to suspend operations at any time Work Zone Traffic Control is not compliant. The Contractor shall take immediate action to correct any Work Zone Traffic Control deficiency. No work shall proceed until the deficiency is corrected. All Work Zone Traffic Control devices shall be promptly removed when work is complete each day.

The Contractor shall be responsible for establishing a safe work area to motorists and pedestrians while working and for leaving the area safe during non-working hours. Adequate provisions shall be made for the protection of the highway traffic at all times during all activities. The work shall be planned and carried out to minimize the inconvenience to the traveling public and adjacent landowners. All Work Zone Traffic Control devices, except for Category IV devices, shall comply with the requirements of the National Cooperative Highway Research Program Report 350 (NCHRP Report 350)

An approved products list has been developed and only those traffic control devices listed on the “Approved Products List For Traffic Control Devices In Work Zones” are considered acceptable. This approved products list also includes the implementation dates and any special conditions or restrictions for each device. The approved products list is available on the following SCDOT intranet website:

https://www.scdot.org/business/pdf/accessMgt/trafficEngineering/NCHRP350List_ALL2.pdf

Lane closures may be restricted to specific days and times by the Engineer. Neither the interstate nor the primary route highway will not be affected by this work. No lanes on the interstate or primary route will be closed during the mowing activity or during Woody Vegetative Debris Management activities. Work Zone Traffic Control is considered an associated part of the activity. No separate payment will be given for Work Zone Traffic Control. All necessary traffic control devices and personnel including, detours, lights, barricades, warning signs, flagmen, etc. shall be provided and provided for by the Contractor.

7.02 Work Zone Traffic Control - Signs, Sign Stands, Etc.

Subsections 601.1, 601.2, 601.3 and 601.4 of the Standard Specifications shall apply. All signs mounted on portable sign supports shall have a minimum mounting height of five feet from the ground to the bottom of the sign. Signs https://www.scdot.org/business/business-landing.aspx https://www.scdot.org/business/pdf/accessMgt/trafficEngineering/NCHRP350List_ALL2.pdf shall be reasonably clean and clearly legible. Signs that are faded/deteriorated/illegible are not acceptable.

“MOWING NEXT 3 MILES” signs (Standard W21-9A-48) shall be used for the mowing activity and all associated activities…