54-TJK-14-PR37008, Polk Gounds Proposal 2026

Location: North Carolina
Posted: Jul 8, 2026
Due: Jul 29, 2026
Agency: Division of Highways
Type of Government: State & Local
Category:
  • 65 - Medical, Dental, and Veterinary Equipment and Supplies
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    Bid No. 54-TJK-14-PR37008 1 Polk County Grounds
    STATE OF NORTH CAROLINA
    DEPARTMENT OF TRANSPORTATION
    REQUEST FOR PROPOSAL
    DATE AND TIME OF BID OPENING: JULY 29, 2026 AT 2:00 P.M.
    BID QUESTIONS: JULY 15, 2026 AT 10:00 A.M.
    BID PROPOSAL NO.: 54-TJK-14-PR37008
    WBS ELEMENT NO.: 14RE.107538
    COUNTY: POLK - DIVISION 14
    LOCATION: POLK COUNTY REST AREA/WELCOME CENTER (SINGLE)
    ON I-26, WESTBOUND LANE, THREE (3) MILES NORTH OF
    NC/SC STATELINE.
    TYPE OF WORK: PROFESSIONAL LAWN AND GROUNDS MAINTENANCE OF
    REST AREA
    DATE OF AVAILABILITY: OCTOBER 1, 2026
    COMPLETION DATE: SEPTEMBER 30, 2027
    SMALL BUSINESS CERTIFICATION MANDATORY

    Bid No. 54-TJK-14-PR37008 2 Polk County Grounds
    PROPOSAL
    FOR THE CONSTRUCTION OF
    BID NO. 54-TJK-14-PR37008 IN POLK COUNTY - DIVISION 14, NORTH CAROLINA
    JULY 8, 2026
    DEPARTMENT OF TRANSPORTATION,
    RALEIGH, NORTH CAROLINA
    The Bidder has carefully examined the location of the proposed work to be known as BID NO 54-TJK-14-PR37008;
    has carefully examined the plans and specifications, which are acknowledged to be part of the proposal, the special
    provisions, the proposal, the form of contract; and thoroughly understands the stipulations, requirements and
    provisions. The undersigned bidder agrees to bound upon his execution of the bid and subsequent award to him by
    the Department of Transportation in accordance with this proposal. The undersigned Bidder further agrees to provide
    all necessary machinery, tools, labor, and other means of construction; and to do all the work and to furnish all
    materials, except as otherwise noted, necessary to perform and complete the said contract in accordance with the
    2024 Standard Specifications for Roads and Structures by the dates(s) specified in the Project Special Provisions and
    in accordance with the requirements of the Engineer, and at the unit or lump sum prices, as the case may be, for the
    various items given on the sheets contained herein.
    The Bidder shall provide and furnish all the materials, machinery, implements, appliances and tools, and perform the
    work and required labor to construct and complete State Highway BID NO. 54-TJK-14-PR37008, for the unit or
    lump sum prices, as the case may be, bid by the Bidder in his bid and according to the proposal, plans, and
    specifications prepared by said Department, which proposal, plans, and specifications show the details covering this
    project, and hereby become a part of this contract.
    The published volume entitled North Carolina Department of Transportation, Raleigh, Standard Specifications for
    Roads and Structures, January 2024 with all amendments and supplements thereto, is by reference incorporated into
    and made a part of this contract; that, except as herein modified, all the construction and work included in this contract
    is to be done in accordance with the specifications contained in said volume, and amendments and supplements
    thereto, under the direction of the Engineer.
    If the proposal is accepted and the award is made, the contract is valid only when signed either by the Contract Officer
    or such other person as may be designated by the Secretary to sign for the Department of Transportation. The
    conditions and provisions herein cannot be changed except over the signature of the said Contract Officer or Division
    Engineer.
    The quantities shown in the itemized proposal for the project are considered to be approximate only and are given as
    the basis for comparison of bids. The Department of Transportation may increase or decrease the quantity of any
    item or portion of the work as may be deemed necessary or expedient.
    An increase or decrease in the quantity of an item will not be regarded as sufficient ground for an increase or decrease
    in the unit prices, nor in the time allowed for the completion of the work, except as provided for the contract.

    Bid No. 54-TJK-14-PR37008 3 Polk County Grounds
    TABLE OF CONTENTS
    PROJECT SPECIAL PROVISIONS PAGE NO.
    Project 4
    Bid Questions 4
    Eligibility to Bid 5
    Small Business Enterprise (SBE) Contract 5
    Prequalification 5
    Contract Time and Completion Date 6
    Performance Guarantee 6
    Authority of the Engineer 6
    Award of Contract 7
    Insurance 7
    Contract Cancellation Policies 9
    Legal Relations and Responsibility to Public 10
    Name and Location of Facilities 11
    Terms and Definitions 11
    Project Pre-Work Conference 12
    Personnel Requirements 12
    General Requirements 15
    Safety Precautions 15
    Maintenance of Grounds 17
    Lawns 18
    Plantings 20
    Pesticide Usage 22
    Clean Up 23
    Damages 25
    Department Responsibilities 26
    Performance of Work 26
    Standard Compensation Reduction Schedule for each Rest Area Site 28
    Rest Area Non-Compliance Notification 29
    Compensation & Basis of Payment 30
    Use of Rest Areas 31
    Laws 32
    Supervisor's Weekly Work Report 41
    Contractor National Criminal Background Check Certification 44
    INSTRUCTIONS TO BIDDERS PAGE NO.
    Bid Proposals 45
    Preparation and Submission of Traditional Paper Bids 45
    Opening of Bids 46
    BID SUBMITTAL PACKAGE PAGE NO.
    Cover Sheet 1
    Contract Bid Form 2
    Contractor's Information 3
    Operations Plan 4
    Listing of MBE/WBE Subcontractors 5
    Contractor's Work Experience and References 6
    Contractor's NCDA Pesticide License 8
    Execution of Bid 9
    Bid Submittal Package Checklist 17

    Bid No. 54-TJK-14-PR37008 4 Polk County Grounds
    PROJECT SPECIAL PROVISIONS
    PROJECT
    Polk County Rest Area/Welcome Center (single) on I-26, Westbound Lane, Three (3) Miles North of the NC/SC
    Stateline.
    SCOPE OF CONTRACT
    The N.C. Department of Transportation (hereinafter referred to as "Department") is seeking the services of a
    landscape/grounds maintenance company to provide professional rest area lawn and grounds maintenance consisting
    of but not limited to labor, supervision, equipment and supplies as specified herein. The intent of these specifications
    and requirements is to state and define the terms and conditions under which the Contractor shall provide the
    management, supervision, and manpower capable of performing work at the highest standards of horticultural
    excellence necessary to provide these services in a professional and workmanlike manner. This document is intended
    as a benchmark of the Department's minimum standards for rest area lawn and grounds maintenance.
    The Department places significant value on the safety and treatment of travelers who visit rest areas. All travelers
    are to be treated as customers and the Contractor shall emphasize safety and customer service at all times. The
    provisions of the services required as part of this solicitation ultimately reflect upon the Department and the State of
    North Carolina as a whole. This proposal, as written, is to be binding by the State and the Contractor.
    MANDATORY PRE-BID
    Please be advised that any references in the RFP to pre-bid language will not apply as a pre-bid will not be held for
    this contract. If bidders have questions, they will be addressed in an addendum. The Bidder is encouraged to make
    his/her own observations of the site to determine the items identified in this contract as the Contractor's
    responsibility.
    BID QUESTIONS
    Purpose: Upon review of the bid documents, bidders may have questions to clarify or interpret the bid in order to
    submit the best bid possible. To accommodate the Bid Questions process, bidders shall submit by email any such
    questions no later than July 15, 2026 at 5:00 PM. A response to bidder questions will be in the form of an
    addendum.
    Instructions: Written questions shall be emailed to Teddy Kapera tjkapera@ncdot.gov by the date and time
    specified above. Bidders will enter "54-TJK-14-PR37008 - Questions" as the subject for the email. Questions
    received prior to the submission deadline date, the State's response, and any additional terms deemed necessary by
    the State will be documented and included in an addendum to be posted on Connect NCDOT:
    https://connect.ncdot.gov/letting/Pages/Roadside-Environmental.aspx and on the electronic Vendor Portal
    (eVP), https://evp.nc.gov. No information, instruction or advice provided orally or informally by any State
    personnel, whether made in response to a question or otherwise in connection with this RFP, shall be considered
    authoritative or binding. Bidders shall be entitled to rely only on written material contained in an Addendum to this
    RFP.
    The Contractor must sign the addendum signature page(s) where indicated and the entire addendum should be
    returned with the bid package. Please return the entire addendum, but failure to return the executed signature
    page(s) of the addendum may result in disqualification of bid.

    Bid No. 54-TJK-14-PR37008 5 Polk County Grounds
    ELIGIBILITY TO BID
    Only contractors currently certified as a SBE Contractor by the NCDOT Office of Civil Rights SBE
    Program Manager and listed in the Directory of Transportation Firms at bid opening will be eligible to bid
    on this project.
    Only Bidders who have a current and valid North Carolina Ground Applicator Pesticide License,
    subclassification in Ornamental and Turf Pest Control, issued by NCDA in Bidder's (an actual employee of
    the company) name and company name, at bid opening will be considered eligible to bid on this project. A
    bid received from a Bidder who does not have a current and valid license issued by NCDA (an actual employee of
    the company) will be rejected as an irregular bid and will not be considered for award. If the licensee is not the
    Bidder then proof must be given that the licensee is an actual employee of the company.
    SMALL BUSINESS ENTERPRISE (SBE) CONTRACT
    The Department of Transportation does not exclude any person from participation in, deny any person the benefits
    of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered
    by this program on the basis of race, color, sex, political affiliation/influence, or national origin.
    This is a SBE contract and to qualify for the NCDOT SBE Program a firm must have an annual gross income of
    $1,500,000 or less, exclusive of materials. Only contractors currently certified as a SBE Contractor by the
    NCDOT Office of Civil Rights SBE Program Manager and listed in the Directory of Transportation Firms at
    bid opening will be eligible to bid on this project.
    Prospective bidders who qualify for the SBE Program and are not currently certified should submit a
    completed application packet to the SBE Program Manager prior to bid submittal to allow for review time.
    Additional information on the program, including the application to become certified, may be obtained online at:
    https://connect.ncdot.gov/business/SmallBusiness/Pages/default.aspx
    Bidders must renew their SBE status and recertify each year. It is the bidder's responsibility to ensure that their
    existing SBE status does not lapse prior to bid opening. Advance notification of pending renewal dates is not
    guaranteed.
    Per G.S. 136-28.10, a NC General Contractor's license may be waived for SBE contracts. For this project, the NC
    General Contractor's license will be waived. Per G.S. 136-28.10, contract payment and performance bonds may be
    waived. For this project, the contract payment and performance bonds will be waived. However, a performance
    guarantee will be required.
    INTERESTED PARTIES LIST NOT REQUIRED:
    (6-21-22)(Rev. 2-20-24) 102 SP1 G02
    Revise the Standard Specifications as follows:
    The Interested Parties List sign up process is not applicable to this contract.
    Page 1-13, Article 102-3 PROPOSALS AND INTERESTED PARTIES LIST, lines 12-15, delete the first
    paragraph.
    Page 1-14, Article 102-8 PREPARATION AND SUBMISSION OF BIDS, lines 43-44, delete the first sentence
    of the first paragraph.
    PREQUALIFICATION
    The Department encourages and promotes the growth, development, and continuation of competent Contractors
    that can perform the work necessary under this contract. The Department's procurement process is built on the

    Bid No. 54-TJK-14-PR37008 6 Polk County Grounds
    principle of competition. The Department believes that the specifications and requirements under this contract are
    reasonable to satisfy the need for services requested, but are not unduly restrictive, in order to encourage
    competition in the open market. In furtherance of these principles, bidders are not required to be prequalified for
    this contract. All references to "prequalification" of bidders are hereby waived for this contract.
    CONTRACT TIME AND COMPLETION DATE
    The date of availability for this contract will be October 1, 2026. The completion date for this contract is one (1)
    year from date of availability.
    This project is to be awarded, if the award is to be made in the discretion of the Department, within thirty (30) days
    after the opening of bids.
    Extension of Contract: At the sole option and discretion of the contracting agency, North Carolina Department of
    Transportation (NCDOT), and upon written notification, this contract may be extended for four (4) additional
    periods, one (1) year each, unless a shorter time is mutually agreed upon by the parties, (maximum of five (5) years
    total), to include leap year when applicable. Extensions for additional term(s) are not guaranteed. Upon receipt of
    notification, the Contractor will be given fifteen (15) days to reply as to acceptance or rejection of an extension. If
    a reply is not received from the Contractor within fifteen (15) days, NCDOT reserves the right not to extend. The
    lump sum bid price will be increased for each one (1) year extension by one (1) percent of the current price. No
    changes in the terms, conditions, etc. of this contract will be made when an extension to the contract is
    implemented. The Contractor will be notified ninety (90) days before expiration of the contract if NCDOT chooses
    not to offer an extension.
    NOTE: In order to extend the contract, proof of insurance coverage must be received by the Department's
    Purchasing Office thirty (30) days prior to the expiration of the current contract.
    SMALL BUSINESS ENTERPRISE (MULTI-YEAR MAINTENANCE CONTRACTS)
    This contract is a multi-year contract let pursuant to the Small Business Enterprise provisions of N.C. General Statute
    136-28.10. In accordance with N.C. General Statute 136-28.10, an award in a contract may be for an amount less
    but shall not exceed $1,000,000 per year. No payments in excess of this amount will be disbursed, in accordance
    with the Statute.
    PERFORMANCE GUARANTEE
    For the first year of this contract, the Contractor agrees to a Performance Guarantee consisting of five (5)
    per cent less than the amount of the monthly compensation. This is the amount of monthly compensation before
    any non-compliance or performance deductions. The Performance Guarantee will not be deducted for extensions
    and will be refunded without interest, pending the project site review, by the Contracting Agency at the end of the
    initial contract unless an extension has been effected in which case the Performance Guarantee will be refunded at
    the completion of the final contract extension. In cases of default, the Performance Guarantee will not be refunded
    to the Contractor.
    AUTHORITY OF THE ENGINEER
    The Engineer for this project shall be the Division Engineer, Division Fourteen, Division of Highways, North
    Carolina Department of Transportation, acting directly or through his duly authorized representatives. The
    Engineer will decide all questions which may arise as to the quality and acceptability of work performed and as to
    the rate of progress of the work; all questions which may arise as to the interpretation of the contract; and all
    questions as to the acceptable fulfillment of the contract on the part of the Contractor. His decision shall be final
    and he shall have executive authority to enforce and make effective such decisions and orders as the Contractor
    fails to carry out promptly.
    The published volume entitled North Carolina Department of Transportation, Raleigh, Standard

    Bid No. 54-TJK-14-PR37008 7 Polk County Grounds
    Specifications for Roads and Structures with all amendments and supplements thereto, is by reference
    incorporated into and made a part of this contract. Unless otherwise modified, all the work included in this contract
    is to be done in accordance with the specifications contained in said volume, and amendments and supplements
    thereto, under the direction of the Engineer.
    AWARD OF CONTRACT
    "The North Carolina Department of Transportation, in accordance with the provisions of Title VI of the Civil Rights
    Act of 1964 (78 Stat. 252) and the Regulations of the Department of Transportation (49 C.F.R., Part 21), issued
    pursuant to such act, hereby notifies all bidders that it will affirmatively insure that the contract entered into
    pursuant to this advertisement will be awarded to the lowest responsible bidder without discrimination on the
    ground of race, color, or national origin".
    All eligible proposals will be evaluated and acceptance made of the bid judged in the discretion of the contracting
    agency to determine the lowest responsible bidder for the purpose intended. The Contracting Agency using its
    discretion, will determine whether a bidder is a "responsible" bidder. In determining whether a bidder is
    "responsible, the Contracting Agency will evaluate, the bid price, completeness and content of the bid, Bidder's
    experience, ability of the Bidder and staff to perform the services required, Bidder's past performance , references,
    operations plan including completed personnel and materials outlines, and Bidder's financial stability. After
    opening bids and prior to award, the Contracting Agency may also seek additional information from any or all
    bidders regarding the bidder's proposal, qualifications, experience, and ability to perform the required work prior to
    determining whether a bidder is a "responsible" bidder. No changes in bid price or price negotiations will be
    allowed after bids are opened and prior to an award. After the Contracting Agencies evaluation, the award of the
    contract, if awarded, will be made to the lowest responsible bidder. The lowest responsible bidder will be notified
    that his bid has been accepted and that he has been awarded the contract. If a Bidder is awarded a contract, he/she
    will be expected to perform the work. Failure to perform may result in the Bidder being held in default of contract.
    In the event of default, the Department may, in its discretion, contact the next lowest responsible bidder to
    determine whether that next lowest responsible bidder is willing and able to complete the contract at its bid price.
    Unless otherwise allowed by the Engineer, any formal protest to any proposed bid shall be made in writing (email
    is acceptable) to the Engineer for the project within five (5) days of bid opening and shall clearly indicate that it is a
    "bid protest." The protest must list each item that the protester believes is grounds for rendering a bid defective.
    The Engineer will evaluate the protest and determine, in his/her discretion, whether any further action should be
    taken. Further action may consist of, but not limited to, seeking additional information and/or clarification from
    any and all bidders regarding the alleged complaint/protest, rejecting any or all bids, finding any or all bids
    irregular, finding any or all bidders "not responsible", holding a possible informal meeting to discuss the protest, or
    other actions in the discretion of the Engineer. After further evaluation the Engineer will notify the protesting party
    what further action, if any, will be taken with regard to the protest. All awards are final and are not subject to
    further review.
    INSURANCE
    The Contractor shall be liable for any losses resulting from a breach of the terms of this contract. The Contractor
    shall be liable for any losses due to the negligence or willful misconduct of its agents, assigns and employees including
    any sub-contractors which causes damage to others for which the Department is found liable under the Torts Claims
    Act, or in the General Courts of Justice, provided the Department provides prompt notice to the Contractor and that
    the Contractor has an opportunity to defend against such claims. The Contractor shall not be responsible for punitive
    damages.
    The Contractor shall at its sole cost and expense obtain and furnish to the Department an original standard Association
    for Cooperative Operations Research and Development (ACORD) certificate of liability insurance evidencing
    commercial general liability with a limit for bodily injury and property damage in the amount of $5,000,000 per
    occurrence and $5,000,000 general aggregate, covering the Contractor from claims or damages for bodily injury,
    personal injury, or for property damages that may arise from operating under the contract by the employees and
    agents of the Contractor. The required limit of insurance may be obtained by a single general liability policy or the

    Bid No. 54-TJK-14-PR37008 8 Polk County Grounds
    combination of a general liability and excess liability or umbrella policy. The State of North Carolina shall be named
    as an additional insured on this commercial general liability policy. The policy may contain the following language
    as relates to the State as an additional insured: "This insurance with respect to the additional insured applies only to
    the extent that the additional insured is held liable for your or your agent's acts or omissions arising out of and in the
    course of operations performed for the additional insured."
    The Contractor shall maintain all legally required insurance coverage, including without limitation, worker's
    compensation and vehicle liability, in the amounts required by law. Providing and maintaining adequate insurance
    coverage is a material obligation of the contractor and is of the essence of this contract. All such insurance shall meet
    all laws of the State of North Carolina. Such insurance coverage shall be obtained from companies that are authorized
    to provide such coverage and that are authorized by the Commissioner of Insurance to do business in North Carolina.
    The Contractor shall at all times comply with the terms of such insurance policies.
    Upon execution of the contract, provide evidence of the above insurance requirements to the Engineer. Insurance
    coverage shall be maintained during the life of this contract and shall extend to operations performed by the contractor
    or his subcontractors, and by anyone employed directly or indirectly by either of them.
    The Contractor shall take out and maintain during the life of this contract Worker's Compensation Insurance for all
    of his employees employed at the site(s) of the project, in the amounts required by law. In case any work is sublet,
    the Contractor shall require the Subcontractor similarly to provide Worker's Compensation Insurance for all the
    latter's employees employed at the site(s) of the project, unless such employees are covered by the protection
    afforded by the Contractor.
    Pursuant to N.C.G.S. 97-19, all contractors of the Department of Transportation are required, prior to beginning
    services, to show proof of coverage issued by a workers' compensation insurance carrier, or a certificate of
    compliance issued by the Department of Insurance for self-insured subcontractors stating that it has complied with
    N.C.G.S. 97-93.
    The contractor shall defend, indemnify and hold harmless the North Carolina Department of Transportation, its
    officers and employees from any claim, demand, suit, liability, judgment and expense (including attorney's fees and
    other costs of litigation) arising out of or relating to injury, disease, or death of persons or damage to or loss of
    property resulting from or in connection with the negligent performance of this contract by the contractor, its
    agents, employees, and subcontractors or any one for whom the contractor may be responsible. The obligations,
    indemnities and liabilities assumed by the contractor under this paragraph shall not extend to any liability caused by
    the negligence of the Department of Transportation or its employees. The contractor's liability shall not be limited
    by any provisions or limits of insurance set forth in this contract.
    The Contractor shall take out and maintain during the life of this contract such Public Liability and Property
    Damage Insurance as shall protect him and Subcontractors performing work covered by this contract from claims
    for damage or property damages which may arise from operations under this contract. This insurance shall protect
    the Contractor whether such operations are done by himself or by any Subcontractor, or by anyone directly or
    indirectly employed by either of them.
    The Contractor shall at all times comply with the terms of such insurance policies, and all requirements of the
    insurer under any such insurance policies, except as they may conflict with existing North Carolina laws or this
    contract. The limits of coverage under each insurance policy maintained by the Contractor shall not be interpreted
    as limiting the Contractor's liability and obligations under the contract.
    Proof of insurance from the Insurance Company as described above, for the period of the contract, shall be
    furnished to the Engineer prior to beginning of service. In addition to proof of insurance, the Contractor's policy
    shall include provisions whereby the Insurance Company will notify NCDOT thirty (30) days prior to the policy
    being cancelled.

    Bid No. 54-TJK-14-PR37008 9 Polk County Grounds
    SUBLETTING OF CONTRACT
    All work as outlined under this contract shall be performed by employees of the Contractor or by an approved
    Subcontractor. Any requests for subcontracting must be submitted in writing to the Engineer a minimum of thirty
    (30) days prior to the proposed implementation of the subcontract. Subcontracting of required personnel staffing
    (including supervisor) will not be permitted in this contract. The approval of any subcontract will not release the
    Contractor of liability under the contract, nor will the subcontractor or the second tier subcontractor have any claim
    against NCDOT by reason of the approval of the subcontract.
    Failure of the Contractor to comply with any of the provisions of this article may be justification for disqualifying
    the Contractor from further bidding. Subletting of this contract or any portion of the contract shall conform to the
    requirements of Article of 108-6 of the Standard Specifications.
    PERFORMANCE OF WORK
    The Contractor's attention is directed to the need for the timely performance of services provided for under this
    contract. The aesthetic appearance of the site and its reflection on the North Carolina Department of Transportation
    as well as the safety and convenience of the public is the essence of the service.
    TEMPORARY SUSPENSION OF THE WORK
    The Engineer or his representative will observe operations and may suspend work for unsafe activities or
    conditions. Work will not resume until the unsafe condition has been eliminated or corrected. Failure to comply
    with any of the requirements for safety and traffic control of this contract shall result in suspension of work as
    provided in Article 108-7 of the Standard Specifications.
    SITE INVESTIGATION AND REPRESENTATION:
    By signing the proposal documents, the Contractor acknowledges that:
    (A) He understands the nature of the work and general and local conditions, particularly those bearing on
    transportation;
    (B) He is familiar with the availability and cost of labor and materials;
    (C) He will to adhere to State regulations for safety and security of property, roads, and facilities;
    (D) He is able to prosecute the work in accordance with all applicable local, state and federal rules and
    regulations, and;
    (E) He has thoroughly investigated the project site(s).
    Any failure on the part of the Contractor to acquaint himself with all available information shall not relieve him from
    the responsibility of any aspect of the contracting process. No adjustment in contract time or contract prices will be
    made due to the Contractor's negligence to familiarize himself with the contract or project site(s).
    CONTRACT CANCELLATION POLICIES
    The Department of Transportation shall have the right to declare a default of contract for breach by the Contractor
    of any material term or condition of the contract. Default of contract shall be in accordance with the terms,
    conditions, and procedures of Article 108-9 of the Standard Specifications.
    CANCELLATION BY DEPARTMENT (DEFAULT)
    The general reputation and performance of the Contractor is a reflection on the Department of Transportation. This
    contract may be cancelled at any time by reason of unsatisfactory performance, failure to maintain a valid pesticide
    license, or other default of the Contractor upon five- (5) day's prior written notice by the Department. In addition,
    this contract may be cancelled immediately by written notification upon receipt of substantiated notification and

    Bid No. 54-TJK-14-PR37008 10 Polk County Grounds
    verification that the Contractor has failed to properly pay in a timely or reasonable manner employees, suppliers, or
    businesses used in the completion of the contractual requirements contained in this proposal, or if the Contractor is
    found to be issuing checks not covered by sufficient funds. In such instances, the Department may request that the
    successful bidder be debarred from doing business with the Department, the state, and /or any of its subdivisions.
    Formal complaints may be filed with the NC Department of Labor, the Secretary of State, and the Attorney
    General's Office.
    CONTRACTOR DEFAULT
    When a Contractor defaults on an existing Custodial Operations and Maintenance and/or Professional Lawn and
    Grounds Maintenance Rest Area Contract, the Contractor will not be considered for award of future contracts or
    extensions of current contracts, until the defaulted Contractor can demonstrate as indicated below that he/she is
    capable of meeting the requirements outlined in the new Custodial Operations and Maintenance and/or Professional
    Lawn and Grounds Maintenance Rest Area Proposal.
    After a period of one (1) year from the date of default notification, a defaulted Contractor is eligible to present to
    the Department documentation that he/she is indeed capable of meeting the requirements outlined in the new
    Custodial Operations and Maintenance and/or Professional Lawn and Grounds Maintenance Rest Area Proposal.
    Documentation shall consist of:
    1) Affidavits from a minimum of three (3) contracting firms that the Contractor has provided satisfactory
    performance of comparable custodial and/or grounds services within the past year;
    2) Affidavits from a minimum of three (3) suppliers that the Contractor has paid said suppliers in a timely manner
    as set forth by the suppliers within the past year; and
    3) Audited financial statements from the past year verifying that the Contractor is in good financial standing.
    AVAILABILITY OF FUNDS - TERMINATION OF CONTRACTS
    (5-20-08)(Rev. 1-16-24) Z-2
    General Statute 143C-6-11. (h) Highway Appropriation is hereby incorporated verbatim in this contract as follows:
    (h) Amounts Encumbered. - Transportation project appropriations may be encumbered in the amount of allotments
    made to the Department of Transportation by the Director for the estimated payments for transportation project
    contract work to be performed in the appropriation fiscal year. The allotments shall be multiyear allotments and
    shall be based on estimated revenues and shall be subject to the maximum contract authority contained in General
    Statute 143C-6-11(c). Payment for transportation project work performed pursuant to contract in any fiscal year
    other than the current fiscal year is subject to appropriations by the General Assembly. Transportation project
    contracts shall contain a schedule of estimated completion progress, and any acceleration of this progress shall be
    subject to the approval of the Department of Transportation provided funds are available. The State reserves the
    right to terminate or suspend any transportation project contract, and any transportation project contract shall be so
    terminated or suspended if funds will not be available for payment of the work to be performed during that fiscal
    year pursuant to the contract. In the event of termination of any contract, the contractor shall be given a written
    notice of termination at least 60 days before completion of scheduled work for which funds are available. In the
    event of termination, the contractor shall be paid for the work already performed in accordance with the contract
    specifications.
    Payment will be made on any contract terminated pursuant to the special provision in accordance with Subarticle
    108-13(D) of the Standard Specifications.
    CANCELLATION DUE TO DISCONTINUATION OF SERVICE
    In the event that the Department feels that it is in the State's best interest to temporarily discontinue use of the rest
    area facilities to serve the public, due to damages done to the facility or roadway by acts of God, vandalism, or
    major renovation work deemed necessary by the Department, the Department will give the Contractor thirty (30)
    days written notice of cancellation of the contract.

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