LETCHER COUNTY - DSR-21-05-22-5075-021 - RFP

REQUEST FOR PROPOSALS

FOR

LETCHER COUNTY, KENTUCKY

EMERGENCY WATERSHED PROTECTION

STREAMBANK STABILIZATION

ADAMS BRANCH

DSR-21-05-22-5075-021

PROPOSAL DUE ON 6/26/2026

NO LATER THAN 9:00 AM EST

TABLE OF CONTENTS

I. PURPOSE 3

II. SCHEDULE 3

III. POINT OF CONTACT 3

IV. GENERAL TERMS & INFORMATION 4

V. PROJECT SCOPE 5

VI. PROPOSAL EVALUATION CRITERIA 7

Attachment 1: Certification and Cost Proposal Form 8 Attachment 1: Certification and Cost Proposal Form 9

SAMPLE COST PROPOSAL FORM 9

Attachment 2: NON-COLLUSION DECLARATION 10 Attachment 3: CERTIFICATION REGARDING LOBBYING 11 Attachment 4: FORM 200.321 AFFIRMATIVE STEPS 12 Attachment 5: CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and

VOLUNTARY EXCLUSION 13

Attachment 6: CONFLICT/NON-CONFLICT OF INTEREST STATEMENT 14 Attachment 7: DRUG-FREE WORKPLACE AFFIDAVIT 15

APPENDIX A: Construction and Material Specifications 16

APPENDIX B: Drawing Sets 83

LETCHER COUNTY, KENTUCKY

EWP DEBRIS REMOVAL

DSR-21-05-22-5075-021

I. PURPOSE:

Letcher County (hereafter referred to as “County”) is soliciting proposals from experienced contractors to provide Streambank Stabilization services near Adams Branch Road as part of the

USDA Natural Resources Conservation Service’s (NRCS) Environmental Watershed Protection

(EWP) Program, according to NRCS Standard Practices and Specifications and Construction Plans, attached or referenced in Appendices A and B.

The work consists of installing gabion baskets. The planned work will stabilize the channel to lessen flooding hazards in rural areas.

The purpose of this work is to reduce risks to agricultural resources or civil infrastructure by removing obstructions that hinder channel flow or sediment transport in order to restore flow capacity and direction, prevent excessive bank erosion by eddies or redirection of flow, and reduce the undesirable formation of bars and/or minimize blockages by debris.

II. SCHEDULE

A. PRE-PROPOSAL OPTIONAL SITE VISIT: Tuesday, June 23, 2026 at 10:00 AM EST

B. PROPOSAL SUBMISSION DEADLINE: Friday, June 26, 2026 at 9:00 AM EST

C. PUBLIC PROPOSAL OPENING: Friday, June 26, 2026 at 10:00 AM EST in the Judge Executive’s Office

D. MEETING FOR AWARD: Monday, June 29, 2026 at 10:00 AM during a special call Fiscal Court meeting.

E. WORK MUST BE COMPLETED NO LATER THAN: July 20, 2026

i. A $1,000/ DAY PENALTY WILL BE APPLIED IF CONTRACTOR FAILS TO COMPLETE

WORK BY THE DEADLINE

III. POINT OF CONTACT:

Points of contact for this proposal: Please copy all contacts on emails.

Terry Adams, Judge: judgeadams@letchercounty.ky.gov

ER Assist Grant Manager: ky-letcher@erassist.com mailto:judgeadams@letchercounty.ky.gov mailto:ky-letcher@erassist.com

IV. GENERAL TERMS & INFORMATION:

A. Proposals and all required documents must be submitted online to the DFS Procurement Portal

(hereinafter “DFS Portal” or “Portal”) at dfs.bonfirehub.com no later than June 26, 2026 at 9:00

AM, local time (EST).

B. Submittals received after the closing time will not be accepted. Multiple submittals from the same entity will not be accepted. Submission is electronic only through the DFS Portal. Hard copy proposals or offers by telephone, fax, or email will not be accepted.

C. All proposers are encouraged to attend an optional Pre-Proposal Meeting and Site Visit scheduled for Tuesday, June 23, 2026 at 10:00 AM EST at the Letcher County Fiscal Court, 156

Main St STE 107, Whitesburg, KY 41858 No synopsis or summary of the meeting will be provided.

D. Addenda regarding this RFP will be posted to the DFS Portal at dfs.bonfirehub.com. Proposers are responsible for obtaining addenda and are advised to check the website frequently.

E. Questions regarding this RFP are to be submitted to dfs.bonfirehub.com. For questions regarding portal registration or navigation, please email: procurement@erassist.com.

F. Technical proposals should contain enough information for the County to make an evaluation;

however, overly complex or excessive proposals will be a burden to the proposal scoring committee and should be avoided.

G. All proposals must be properly certified by the entity bidding for the work and signed by an officer, director or owner that has authority to bind and commit the Contractor to perform said work and services.

H. Work shall be bid by unit price and all prices shall be all-inclusive and shall include all work required to complete the scope of work according to the Standards, Specifications, and

Construction Plans in Appendices A and B, including but not limited to vegetating disturbed areas, traffic control, mobilization and demobilization, contractor quality control, and pollution control measures.

I. Prices offered in the Cost Proposal Form by contractor shall be all inclusive and in accordance with the NRCS Standards and Specifications attached in Appendix A and shall not be increased or changed for any reason other than changes requested or approved by Letcher County.

J. The County of Letcher reserves the right to request additional information for any and all prices offered in the Cost Proposal Form, including but not limited to a comprehensive breakdown of prices offered.

K. The following forms are provided in this RFP for reference. Proposers must review each form and enter their response as directed in the Portal’s Required Information section. The confirmation or declaration statement for each form for which a response is required is provided in a gray box at the bottom of each form in this document. All responses must be http://dfs.bonfirehub.com http://dfs.bonfirehub.com http://dfs.bonfirehub.com mailto:procurement@erassist.com true and accurate and shall be considered the equivalent of a legally-binding electronic signature.

1. Attachment 1: Proposal Certification and Cost Proposal Form

2. Attachment 2: NON-COLLUSION DECLARATION

3. Attachment 3: CERTIFICATION REGARDING LOBBYING

4. Attachment 4: FORM 200.321 AFFIRMATIVE STEPS

5. Attachment 5: CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION

6. Attachment 6: CONFLICT/NON-CONFLICT OF INTEREST STATEMENT

7. Attachment 7: DRUG-FREE WORKPLACE AFFIDAVIT

L. Costs of preparation of a response to this request for proposals are solely those of the proposers. The County assumes no responsibility for any such costs incurred by the proposer.

The proposer also agrees that the County bears no responsibility for any costs associated with any administrative or judicial proceedings resulting from the solicitation process.

M. Proposals will be opened publicly prior to the award meeting on June 26, 2026 at 10:00 AM in the Judge Executive’s Office.

N. Award is set to occur at a special call of the Letcher County Fiscal Court, 156 Main St STE 107, Whitesburg, KY 41858 on June 29, 2026 at 10:00 AM EST.

O. Successful proposers must provide insurance policies showing proof of liability coverage, auto coverage and workers compensation.

P. Successful proposers, assigns, subcontractors must be compliant with all applicable Federal, State and Local laws.

Q. The County has the right to cancel a solicitation at any time prior to approval of the award by the County.

R. The County of Letcher reserves the right to accept or reject any and all proposals, in addition, the County reserves the right to accept multiple proposals and award work per location or per line item.

V. PROJECT SCOPE

A. All work shall be performed as detailed or referenced in the attached NRCS National

Conservation Practice Standards and Specifications and Job Sheets attached hereto in

Appendices A and B. The work consists of (1) Gabions and Gabion Mattresses - consists of furnishing, assembling, and installing rock-filled wire-mesh gabions and gabion mattresses, (2) pollution control - work consists of installing measures or performing work to control erosion and minimize the production of sediment and other pollutants to water and air from construction activities, (3) seeding and mulching - work consists of preparing the area for treatment; furnishing and placing seed, sprigs, mulch, fertilizer, inoculant, lime, and other soil amendments; and anchoring mulch in designated areas as specified.

B. Access points for each site are at the coordinates provided (where the stream meets the road) any additional or special instructions regarding site access will be provided at the Pre-Proposal meetings.

C. All assigned work shall be performed at the specified location(s) and within the site parameters as determined by NRCS and provided below and in Appendix B. This project contains the following site having a site ID that correlates to the project map in Appendix B consisting of a number and a letter.

1. Site 2a : 37.177746, -82.923108

i. Stabilize approximately 102 LF of embankment with Gabions and Reno mattresses

2. Site 2b: 37.177026, -82.923289

i. Stabilize approximately 42 LF of embankment with Gabions and Reno mattresses

3. Site 2c: 37.176361, -82.923565

i. Stabilize approximately 66 LF of embankment with Gabions and Reno mattresses

VI. PROPOSAL EVALUATION CRITERIA

Below are the criteria that will be used by the County to evaluate and score responsive and qualified proposals. Proposers shall include sufficient information to allow Letcher County to thoroughly evaluate and score their proposals. Each proposal submitted shall be evaluated and ranked by an evaluation committee. The contract will be awarded to the most qualified proposer, per the following:

CRITERIA POINTS

Contractor’s Capacity and Experience Individual Credentials of Contractor and Team allowed

Experience: Ability to deliver the work as delineated by NRCS (special care should be noted to address ability and experience as per the specifications.

Capacity: Ability/Statement regarding the ability to complete the work

References Entities listed as clients for previous projects other than those listed as References may be contacted.

Price [1 - (B-A)/A] x C = Final Cost Score

A—the lowest Offeror's cost.

B—the Offeror's cost being scored.

C—the maximum number of cost points available.

Note: If the formula results in a negative number, zero points shall be assigned.

Total Score 100

Interviews (Optional at County’s decision) 20

Total Score with Interviews 120

Attachment 1: Certification and Cost Proposal Form

Proposing Certification: I have carefully examined the Request for Proposals and any other documents accompanying or made a part of this Request for Proposals.

I hereby propose to furnish the goods or services specified in the Request for Proposals at the rates quoted in my Proposal. I agree that my Proposal will remain in effect for a period of up to one hundred eighty (180) days.

I agree to abide by all conditions of this Proposal and understand that a background investigation may be conducted prior to award.

I certify that all information contained in this Proposal is truthful to the best of my knowledge and belief. I further certify that I am duly authorized to submit this Proposal on behalf of the

Proposer as its act and deed and that the Proposer is ready, willing and able to perform if awarded the Contract.

I certify this Proposal is made without prior understanding, agreement, connection, discussion, or collusion with any other person, firm or corporation submitting a Proposal for the same product or service. I further certify that no officer, employee or agent of County or of any other Proposer has a financial interest in this Proposal. I further certify that the undersigned executed this Proposer's Certification with full knowledge and understanding of the matters therein contained and was duly authorized to do so.

DFS Portal Confirmation / Declaration:

By completing and submitting the Cost Proposal Form, you are certifying all of the above as well as the prices and data entered in the Cost Proposal Form in the DFS Portal. The following

Cost Proposal Form is provided for reference only.

Attachment 1: Certification and Cost Proposal Form

SAMPLE COST PROPOSAL FORM

Emergency Watershed Protection Program - Letcher County

DSR-21-05-22-5075-021

The prices offered shall be “all-inclusive”, and shall not be increased or changed for any reason other than changes requested or approved by the County and shall conform to the NRCS Standards & Specifications.

Breakdown of costs will be required upon request by the County or NRCS.

This is a Sample Cost Proposal Form ONLY. Actual bid prices shall be entered in the Portal. This form is not required but can be submitted. In the case of price discrepancies, the prices in the Portal will prevail.

ITEM # Work/Material Unit Qty Unit Rate Proposed Cost

(extended)

1 Seeding and Mulching Lump Sum

Mobilization and Demobilization

Lump Sum

3 Drainfill, KY DOH #2 Stone TON 62.4

Rock Riprap, KYDOH Class III

Channel Liner

TON 90

5 Gabions, 1' Reno Mattresses CY 46.7

6 Gabions CY 144

Total Cost

Attachment 2: NON-COLLUSION DECLARATION

The proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham.

The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder.

All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price of any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the applicable laws that the foregoing is true and correct.

Do you confirm that you have read the Non-Collusion declaration and therefore declare under penalty of perjury under the applicable laws that the Non-Collusion Declaration is true and correct?

(Y/N)

Attachment 3: CERTIFICATION REGARDING LOBBYING

The undersigned certifies that, to the best of their knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a

Member of Congress in connection with the awarding of any Federal contract, the making of any

Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a

Member of Congress, an officer or employee of Congress, or an employee of a Member of

Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report

Lobbying,” in accordance with its instruction.

3. The undersigned shall require that the language of this certification be included in the award document for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31 U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than

$10,000 and not more than $100,000 for each such failure.

Do you, the Contractor, confirm that you have read the Certification Regarding Lobbying form and certify or affirm the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31

U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. (True/False)

Attachment 4: FORM 200.321 AFFIRMATIVE STEPS

CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN’S BUSINESS ENTERPRISES,

AND LABOR SURPLUS AREA FIRMS §200.321

The County is required to take all necessary affirmative steps to assure that minority business, women's business enterprises, and labor surplus area firms are used when possible. If contractor uses subcontractors, they are also required to take the following affirmative steps:

1. Placing qualified enterprises on solicitation lists.

2. Assuring that enterprises are solicited whenever they are potential sources.

3. Dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by enterprises.

4. Establishing delivery schedules, where the requirement permits, which encourage participation by enterprises.

5. Using the services and assistance, as appropriate, of such organizations as the Small Business

Administration and the Minority Business Development Agency of the Department of

Commerce.

Do you confirm that you have read the 200.321 Affirmative Steps Confirmation and agree to take the listed affirmative steps when using subcontractors. (Y/N)

Attachment 5: CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and

VOLUNTARY EXCLUSION

Neither the entity or its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

Do you confirm that neither the entity nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency? (Y/N)

Attachment 6: CONFLICT/NON-CONFLICT OF INTEREST STATEMENT

To the best of our knowledge the bidder has no potential conflict of interest due to any other clients, contracts, or property interest for this project. [ SELECT YES IF TRUE ]

OR

The bidder, by attachment, submits information which may be a potential conflict of interest due to other clients, contracts, or property interest for this project. [ SELECT NO IF TRUE & UPLOAD

DOCUMENTATION ]

Failure to answer appropriately may result in disqualification of your bid.

Do you confirm that to the best of your knowledge the undersigned proposer has no potential conflict of interest due to any other clients, contracts, or property interest for this project?

(Y/N)

If answered no, documentation must be uploaded containing information regarding what may be a potential conflict of interest due to other clients, contracts, or property interest for this project.

Attachment 7: DRUG-FREE WORKPLACE AFFIDAVIT

The undersigned certifies that the responding firm has taken steps to :

1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition.

2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.

3. Give each employee engaged in providing the commodities or contractual services that are proposed, a copy of the drug- free workplace statement.

4. In the statement specified in drug-free workplace statement, notify the employees that as a condition of working on the commodities or contractual services that are under bid the employee will abide by the terms of the statement and will notify the employer of any conviction of or plea of guilty or nolo contendere to any violation of any controlled substance law of the United States or any state for a violation occurring in the workplace no later than five (5) days after such conviction.

5. Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by any employee who is so convicted.

6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.

I certify that this firm complies fully with the above requirements.

Do you confirm that you have read the Drug-Free Workplace Affidavit and certify that the responding company complies fully with the listed requirements? (Y/N)

- Upload the contractor's Drug Free Workplace Policy

APPENDIX A

NRCS Construction & Material Specifications

5075 Letcher - DSR 21 05 22 5075 021 – Adams Branch Road

EMERGENCY WATERSHED PROTECTION (EWP) STREAMBANK

STABLIZATION PROJECT

with the cooperation of the

LETCHER COUNTY FISCAL COURT, LETCHER COUNTY,

KENTUCKY

and the

NATURAL RESOURCES CONSERVATION SERVICE (NRCS)

CONSTRUCTION and MATERIAL SPECIFICATIONS

LIST OF APPLICABLE SPECIFICATIONS

Specifications

• NRCS National Construction Specification 5, Pollution Control

• NRCS National Construction Specification 6, Seeding, Sprigging, and Mulching

• NRCS National Construction Specification 8, Mobilization and Demobilization

• NRCS National Construction Specification 9, Traffic Control

• NRCS National Construction Specification 11, Removal of Water

• NRCS National Construction Specification 21, Excavation

• NRCS National Construction Specification 23, Earthfill

• NRCS National Construction Specification 24, Drainfill

• NRCS National Construction Specification 61, Rock riprap

• NRCS National Construction Specification 64, Gabions and Gabion Mattresses

• NRCS National Construction Specification 94, Contractor Quality Control

• NRCS National Construction Specification 95, Geotextile

MATERIAL SPECIFICATIONS

• NRCS National Material Specification 521, Aggregates for Drainfill and Filters

• NRCS National Material Specification 523, Rock for Riprap

• NRCS National Material Specification 592, Geotextile

CONSTRUCTION DRAWINGS

Adams Branch Rd. DSR 5075-021 sheets 1 through 6

Construction Specification 5 — Pollution Control

Title 210 – Engineering Part 642 – Specifications for Construction Contracts Subpart B – National Construction Specifications June 2024

A. Scope

1. The work consists of installing measures or performing work to control erosion and minimize the production of sediment and other pollutants to water and air from construction activities.

2. The following BioPreferred® product categories are applicable to this specification:

a. Mulch and compost materials

b. Erosion control materials

c. Fertilizers

d. Dust suppressants

e. Agricultural spray adjuvants

B. Material

1. Silt fence conform to the requirement of Materials Specification 592, Geotextile.

All other material furnished meet the requirements of the material specifications listed in Section G of this specification.

2. Erosion and Sediment Control Measures and Works. The measures and works includes, but are not limited to, the following:

a. Staging of Earthwork Activities. Scheduling the excavation and moving of soil materials to minimize the size of areas disturbed and unprotected from erosion for the shortest reasonable time.

b. Seeding. Seeding to protect disturbed areas occur as soon as reasonably possible following completion of that earthwork activity.

c. Mulching. Mulching to provide temporary protection of the soil surface from erosion.

d. Diversions. Diversions to divert water from work areas and to collect water from work areas for treatment and safe disposition. These are temporary and must be removed and the area restored to its near-original condition when the diversions are no longer required or when permanent measures are installed.

e. Stream Crossings. Culverts or bridges where equipment must cross streams.

These are temporary must and be removed and the area restored to its near-original condition when the crossings are no longer required or when permanent measures are installed.

f. Sediment Basins. Sediment basins for collecting, settling, and eliminating sediment from eroding areas that impact properties and streams below the construction sites. These basins are temporary and must be removed and the area restored to its original condition when they are no longer required or when permanent measures are installed.

g. Sediment Filters. Straw bale filters or geotextile sediment fences for trapping sediment from areas with limited runoff. Sediment filters must be properly anchored to prevent erosion under or around them. Silt fences must be installed and maintained in accordance with ASTM D6462. These filters are temporary and must be removed and the area restored to its original condition when they are no longer required or when permanent measures are installed.

h. Waterways. Waterways for the safe disposal of runoff from fields, diversions, and other structures or measures. These works are temporary and must be removed and the area restored to its original condition when they are no longer required or when permanent measures are installed.

i. Other. Additional protection measures as specified in Section G of this specification or required by the federal, state, or local government.

C. Chemical Pollution

1. The contractor must provide watertight tanks or barrels or construct a sump sealed with plastic sheets to collect and temporarily contain chemical pollutants, such as drained lubricating or transmission fluids, grease, soaps, concrete mixer wash water, or asphalt, produced as a by-product from the construction activities.

Dispose of pollutants in accordance with appropriate state and federal regulations.

At the completion of the construction work, remove tanks, barrels, and sumps and restore the area to its original condition as specified in Section G of this specification. Sump removal must be conducted without causing pollution.

2. Sanitary facilities, such as chemical toilets, and septic tanks must not be located next to live streams, wells, or springs. They must be located at a distance sufficient to prevent contamination of any water source. At the completion of construction activities, facilities must be disposed of without causing pollution as specified in Section G of this specification.

CI. Air Pollution

1. The burning of brush or slash and the disposal of other materials must adhere to state and local regulations.

2. Fire prevention measures must be taken to prevent the start or spreading of wildfires that may result from project activities. Firebreaks or guards must be constructed and maintained at locations shown on the drawings.

3. All public access or haul roads used by the contractor during construction of the project must be sprinkled or otherwise treated to fully suppress dust. All dust control methods must ensure safe construction operations at all times. If chemical dust suppressants are applied, the material must be a commercially available product specifically designed for dust suppression, and the application must follow the manufacturer’s requirements and recommendations. A copy of the product data sheet and manufacturer’s recommended application procedures must be provided to the engineer 5 working days before the first application.

E. Maintenance, Removal, and Restoration

1. All pollution-control measures and temporary works must be adequately maintained in a functional condition for the duration of the construction period.

Remove all temporary measures and restore the site to near-original condition.

F. Measurement and Payment

1. Method 1. For items of work for which specific unit prices are established in the contract, each item is measured to the nearest unit applicable. Payment for each item is made at the contract unit price for that item. For water or chemical suppressant items used for dust control for which items of work are established in Section G of this specification, measurement for payment will not include water or chemical suppressants that are used inappropriately or excessively. Such payment will constitute full compensation for the completion of the work.

2. Method 2. For items of work for which lump-sum prices are established in the contract, payment is made as the work proceeds and is supported by invoices presented by the contractor that reflect actual costs. If the total of all progress payments is less than the lump-sum contract price for this item, the balance remaining for this item will be included in the final contract payment. Payment of the lump-sum contract price will constitute full compensation for completion of the work.

3. Method 3. For items of work for which lump-sum prices are established in the contract, payment will be prorated and provided in equal amounts on each monthly progress payment estimate. The number of months used for prorating must be the number estimated to complete the work as outlined in the contractor’s approved construction schedule. The final month’s prorate amount will be provided with the final contract payment. Payment as described will constitute full compensation for completion of the work.

4. All Methods. The following provisions apply to all methods of measurement and payment. Compensation for any item of work described in the contract but not listed in the bid schedule is included in the payment for the item of work to which it is made subsidiary. Such items, and the items to which they are made subsidiary, are identified in Section G of this specification.

G. Items of Work and Construction Details

Items of work to be performed in conformance with this specification and the construction details are:

a) Subsidiary Item, Pollution Control

1) This item shall consist of all the work necessary to control erosion and sediment pollution, chemical pollution and air pollution.

2) This item also consists of removal of water including but not limited to general dewatering, pumping, diversion and temporary embankments to exclude water from all work sites.

3) The Contractor’s scheduling shall be made in a manner that will reduce adverse environmental effects. Construction scheduling shall be revised when significant pollution can result due to his planned construction schedule.

4) The Contractor shall perform work in a manner that will reduce erosion and minimize sediments and other pollutants to the water and streams and create a minimum of air pollution consistent with standard construction operations.

5) To the maximum extent practicable, all in-stream work under this contract shall be performed during conditions of low flow.

6) Measures shall be taken to prevent and control spills of fuels, lubricants, or other materials used in construction from entering the stream, drainage way, or water body.

7) Should evidence of stream use or jurisdictional wetland impairment and/ or violations of water quality standards occur as a result of this activity either from a spill or other forms of water pollution the Kentucky Division of Water shall be notified immediately and physical, chemical, or biological examination of the water course shall be conducted and reported. In such case(s), additional facilities or alternative measures may be required.

8) In Section D, Air Pollution, as necessary to control dust, water or other dust suppressors shall be applied to prevent excessively dusty conditions along haul and access roads.

9) In Section F, Measurement and Payment, no method shall apply. Full compensation for the completion of this item of work shall be included in the payment for:

a) Bid Item 3, Drainfill, KY DOH #2 Stone

b) Bid Item 4, Rock Riprap, Class III Channel Liner.

c) Bid Item 5, Gabions, 1’ Reno Mattresses

d) Bid Item 6, Gabions

Construction Specification 6 — Seeding, Sprigging, and

Mulching

Title 210 - Engineering Part 642 – Specifications for Construction Contracts

1. The work consists of preparing the area for treatment; furnishing and placing seed, sprigs, mulch, fertilizer, inoculant, lime, and other soil amendments; and anchoring mulch in designated areas as specified.

2. The following BioPreferred® product categories are applicable to this specification:

a. Mulch and compost materials

b. Erosion control materials

c. Fertilizers

d. Agricultural spray adjuvants

B. Material

1. Seed.

a. All seed must conform to the current rules and regulations of the state where it is being used and must be from the latest crop available. It must meet or exceed the standard for purity and germination listed in Section G.

b. Seed must be labeled in accordance with the state laws and the U.S.

Department of Agriculture rules and regulations under the Federal Seed Act in effect on the date of invitations for bids. Bag tag figures are evidence of purity and germination. No seed will be accepted with a test date of more than 9 months before the delivery date to the site.

c. Seed that has become wet, moldy, or otherwise damaged in transit or storage will not be accepted. The percent of noxious weed seed allowable must be as defined in the current state laws relating to agricultural seeds. Each type of seed must be delivered in separate sealed containers and fully tagged unless an exception is granted in writing by the contracting officer.

2. Fertilizer. Unless otherwise specified, the fertilizer must be a commercial-grade fertilizer. It must meet the standard for grade and quality specified by state law.

Where fertilizer is furnished from bulk storage, the contractor must furnish a supplier’s certification of analysis and weight. When required by the contract, a representative sample of the fertilizer must be furnished to the contracting officer for chemical analysis.

3. Inoculants. The inoculant for treating legume seeds must be a pure culture of nitrogen-fixing bacteria prepared specifically for the species and must not be used later than the date indicated on the container or as otherwise specified. A mixing medium, as recommended by the manufacturer, must be used to bond the inoculant to the seed. Two times the amount of the inoculant recommended by the manufacturer must be used (unless seed is applied using a hydraulic seeder; then four times the amount must be used). Seed must be sown within 24 hours of treatment and must not remain in the hydraulic seeder longer than 4 hours.

4. Lime and Other Soil Amendments. Lime must consist of standard ground agriculture limestone or approved equivalent. Standard ground agriculture limestone is defined as ground limestone meeting current requirements of the state’s Department of Agriculture. Other soil amendments must meet quality criteria and application requirements specified in Section G.

5. Mulch Tackifiers. Asphalt emulsion tackifiers must conform to the requirements of ASTM D977, Specification for Emulsified Asphalt. The emulsified asphalt may be rapid setting, medium setting, or slow setting. Non-asphaltic tackifiers required because of environmental considerations must be as specified in Section G.

6. Straw Mulch Material. Straw mulch must consist of wheat, barley, oat or rye straw, hay, grass cut from native grasses, or other plants as specified in Section G.

The mulch material must be air-dried reasonably light in color and must not be musty, moldy, caked, or otherwise of low quality. The use of mulch that contains noxious weeds is not permitted. The contractor must provide a method satisfactory to the contracting officer for determining weight of mulch furnished.

7. Other Mulch Materials. Mulching materials, such as wood cellulose fiber mulch, mulch tackifiers, synthetic fiber mulch, netting, and mesh may be required for specialized locations and conditions. These materials, when specified, must be accompanied by the manufacturer’s recommendations for methods of application.

C. Seeding Mixtures, Sod, Sprigs, and Dates of Planting

1. The application rate per acre for seed mixtures, sprigs, or sod and the date of seeding or planting must be as shown on the plans or as specified in Section G.

D. Seedbed Preparation and Treatment

1. Dress areas to be treated to a smooth, firm surface. On sites where equipment can operate on slopes safely, adequately loosen and smooth the seedbed (4 to 6 inches deep). Depending on soil and moisture conditions, disking, cultipacking, or both, may be necessary to properly prepare a seedbed. Where equipment cannot operate safely, prepare the seedbed by methods like scarifying, providing a roughened soil surface by hand so that broadcast seed will remain in place.

2. If seeding is to be accomplished immediately following construction operations, seedbed preparation may not be required except on a compacted, polished, or freshly cut soil surface.

3. Rocks larger than 6 inches in diameter, trash, weeds, and other debris that will interfere with seeding or maintenance operations must be removed or disposed of as specified in Section G.

4. Discontinue seedbed preparation when soil moisture conditions are not suitable for the preparation of a satisfactory seedbed as determined by the responsible engineer.

E. Seeding, Sprigging, Fertilizing, Mulching, and Stabilizing

1. Perform all seeding or sprigging operations in such a manner that the seed or sprigs are applied in the specified quantities uniformly in the designated areas.

The method and rate of seed application must be as specified in Section G. Unless otherwise specified, seeding or sprigging must be accomplished within 2 days after final grading is completed and approved.

2. Apply fertilizer, lime, and other soil amendments as specified in Section G. When specified, the fertilizer and soil amendments must be thoroughly incorporated into the soil immediately following surface application.

3. The rate, amount, and kind of mulching or mesh must be as specified in Section G. Apply mulches uniformly to the designated areas. They must be applied to areas seeded not later than 2 working days after seeding has been performed.

Stabilize straw mulch material within 24 hours of application using a mulch crimper or equivalent anchoring tool or by a suitable tackifier. When the mulch crimper or equivalent anchoring tool is used, it must have straight blades and be the type manufactured expressly for and capable of firmly punching the mulch into the soil. Where the equipment can be safely operated, it must be operated on the contour. Use hand methods where equipment cannot safely operate to perform the work required.

4. Apply the tackifier uniformly over the mulch material at the specified rate or inject it into the mulch material as it is being applied. Stabilizing materials like mesh or netting must be applied smoothly but loosely on the designated areas.

The edges of these materials must be buried or securely anchored using spikes or staples as specified in Section G.

5. The contractor must maintain the mesh or netting areas until all work under the contract has been completed and accepted. Maintenance must consist of the repair of areas damaged by water erosion, wind, fire, or other causes. Such areas must be repaired to reestablish the intended condition and to the design lines and grades required by the contract. The areas must be re-fertilized, reseeded, and re-mulched before the new application of the mesh or netting.

F. Measurement and Payment

1. Method 1. For items of work for which specific unit prices are established in the contract, each area treated is measured as specified in Section G and area is calculated to the nearest 0.1 acre. Payment for treatment is made at the contract unit price for the designated treatment, which will constitute full compensation for completion of the work.

a. When specified as an item of work, mesh or netting is measured to the nearest square yard of surface area covered and accepted. Payment is made at the contract unit price and will constitute full compensation for completion of the work.

2. Method 2. For items of work for which specific lump-sum prices are established in the contract, the quantity of work will not be measured for payment. Payment for this item is made at the contract lump-sum price for the item and will constitute full compensation for the completion of the work.

3. Method 3. For items of work for which lump-sum prices are established in the contract, payment is made as the work proceeds. Progress payments will be determined as specified in Section G. Payment of the lump-sum contract price will constitute full compensation for completion of the work.

4. All Methods. The following provisions apply to all methods of measurement and payment. Compensation for any item of work described in the contract but not listed in the bid schedule is included in the payment for the item of work to which it is made subsidiary. Such items and the items to which they are made subsidiary are identified in Section G.

details are:

a) Bid Item 1, Seeding and Mulching

1) This item shall consist of the application of seed and fertilizer on all areas disturbed by construction. All necessary grading and filling of rills and gullies shall be incidental to seedbed preparation.

2) In Section B, Materials, no agricultural lime is required.

3) In Section B, Materials, no fertilizer is required.

4) In Section B, Materials. Small grain straw may be used for mulch applied at a rate of two tons per acre. Hydro seeding mulch may be used, follow manufactures recommended application rates.

5) In Section C, Seeding Mixtures, Sod, Sprigs, and Date of Planting, the designated areas will be seeded in accordance with the following:

6) In Section D, Seedbed Preparation and Treatment, the areas to be seeded and mulched will be scarified either by machine or by providing a roughened soil surface by hand raking.

7) In Section F, Measurement and Payment, Method 2 will apply.

Construction Specification 8 — Mobilization and

Demobilization

Title 210 – Engineering Part 642 – Specifications for Construction Contracts

1. The work consists of the mobilization and demobilization of the contractor’s forces and equipment necessary for performing the work required under the contract. It does not include mobilization and demobilization for specific items of work for which payment is provided elsewhere in the contract. Mobilization will not be considered as work in fulfilling the contract requirements for commencement of work.

B. Equipment and Material

1. Mobilization includes all activities and associated costs for transportation of contractor’s personnel, equipment, and operating supplies to the site;

establishment of offices, buildings, and other necessary general facilities for the contractor’s operations at the site; premiums paid for performance and payment bonds including coinsurance and reinsurance agreements as applicable; and other items specified in Section D of this specification.

2. Demobilization includes all activities and costs for transportation of personnel, equipment, and supplies not required or included in the contract from the site, including the disassembly, removal, and site cleanup of offices, buildings, and other facilities assembled on the site specifically for this contract.

3. This work includes mobilization and demobilization required by the contract at the time of award. If additional mobilization and demobilization activities and costs are required during the performance of the contract as a result of changed, deleted, or added items of work for which the contractor is entitled to an adjustment in contract price, compensation for such costs will be included in the price adjustment for the item or items of work changed or added.

C. Payment

1. Payment will be made as the work proceeds after presentation of paid invoices or documentation of direct costs by the contractor showing specific mobilization and demobilization costs and supporting evidence of the charges of suppliers, subcontractors, and others. When the total of such payments is less than the lump-sum contract price, the balance remaining will be included in the final contract payment. Payment of the lump sum contract price for mobilization and demobilization will constitute full compensation for completion of the work.

2. Payment will not be made under this item for the purchase costs of materials having a residual value, the purchase costs of materials to be incorporated in the project, or the purchase costs of operating supplies.

D. Items of Work and Construction Details

D. Items of Work and Construction Details details are:

a) Bid Item 2, Mobilization and Demobilization

1) This item shall consist of the Mobilization and Demobilization of the Contractor’s forces and equipment necessary for performing the work required under the contract.

Construction Specification 9 — Traffic Control

Part 642 – Specifications

1. The work consists of establishing traffic control and maintaining safe, convenient use of public roads and right of way.

B. Traffic and Access

1. The contractor’s operations must cause no unnecessary inconvenience to the public. Maintain the public right of way at all times unless interruption is authorized by proper local authority. Contractor’s authorized closing or detour plans must be provided to the engineer for approval.

2. Provide and maintain safe and adequate access to all public protection devices and to all critical utility-control locations. Facility access must be continuous and unobstructed unless otherwise approved.

C. Storage of Equipment and Material in Public Streets

1. Construction materials and equipment must not be stored or parked on public streets, roads, or highways. During any material or equipment loading or unloading activities that may temporarily interfere with traffic, an acceptable detour must be provided for the duration of the activity. Any associated expense for this activity is the responsibility of the contractor.

2. Excavated material, including suitable material that is intended for adjacent trench backfill or other earth backfill as specified in Section E of this specification, must not be stored on public streets, roads, or highways that remain in service for the public. Any waiver of this requirement must be obtained from the proper local authority and approved by the engineer. All excess and unsuitable material must be removed from the site as soon as possible. Remove any spillage from roadways before they are used by the public.

D. Street Closures, Detours, and Barricades

1. The contractor must comply with the requirements of all applicable, responsible units of government for closure of any street, road, or highway. The contractor must provide the required barriers, guards, lights, signs, temporary bridges, and flaggers and inform the public of any detours and construction hazards by the most suitable means available, such as local newspapers or radio stations. The contractor is also responsible for compliance with additional public safety requirements that may arise during construction. The contractor must furnish, install, and, upon completion of the work, promptly remove all signs, warning devices, and other materials used in the performance of this work.

2. Unless otherwise specified, the contractor must notify, in writing, the fire chief, police chief, county sheriff, state patrol, schools that operate school buses, or any other government official as appropriate no less than 7 days before closing, partly closing, or reopening any street, road, or highway.

3. Unless otherwise specified, the contractor must furnish to the engineer a written plan showing the proposed method of signing, barricading for traffic control, and safety for street detours and closures.

4. All temporary detours will be maintained to ensure use of public rights of way is provided in a safe manner. This may include dust control, grading, and graveling as required in Section G of this specification.

E. General and Specific References

1. All signs, signals, barricades, use of flaggers, and other traffic control and public safety devices must conform to the general requirements set forth in the Manual of Uniform Traffic Control Devices (MUTCD) and the latest edition of Standard Highway Signs and Standard Alphabets for Highway Signs and OSHA Construction Industry Standards (29 CFR Part 1926), Subpart G, Signs, Signals, and Barricades, unless otherwise specified in Section G of this specification.

F. Measurement and Payment

1. For items of work for which specific lump-sum prices are established in the contract, payment for the work is made at the contract lump-sum price. Progress payments will be made based upon the percentage of estimated total time that traffic control will be required unless otherwise specified in Section G of this specification. Payment will constitute full compensation for all flaggers, labor, materials, equipment, and other items necessary and incidental to completion of the work.

2. Compensation for any item of work described in the contract but not listed in the bid schedule will be included in the payment for the item of work to which it is made subsidiary. Such items and items to which they are made subsidiary are identified in Section G of this specification.

details are:

a) Subsidiary Item, Traffic Control

1) This item shall consist of all traffic control measures as needed to install the works of improvements as planned.

2) In Section F, Measurement and Payment,…