1-NRCS Letcher County 5076 RFP DSR 018 - Beetree Branch due 6.26.2026.docx.pdf

LETCHER COUNTY - DSR-21-05-23-5076-018 - RFP

REQUEST FOR PROPOSALS

FOR

LETCHER COUNTY, KENTUCKY

EMERGENCY WATERSHED PROTECTION

DEBRIS REMOVAL

BEETREE BRANCH

DSR-21-05-23-5076-018

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 48

LETCHER COUNTY, KENTUCKY

EWP DEBRIS REMOVAL

DSR-21-05-22-5076-018

I. PURPOSE:

Letcher County (hereafter referred to as “County”) is soliciting proposals from experienced contractors to provide debris removal services near Beetree Branch 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 clearing designated areas by the removal and disposal of trees, logs, stumps, shrubs, brush, and rubbish, and the shaping of the channel.

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: Wednesday, June 24, 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 TO BE COMPLETED NO LATER THAN: August 25, 2026

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 Wednesday, June 24, 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) debris removal - designated areas by the removal and disposal of trees, logs, stumps, shrubs, brush, and rubbish and the shaping of the channel,

(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 four (4) sites; each having a site ID that correlates to the project map in Appendix B consisting of a number and a letter.

1. Site 1 : 37.150381, -82.894234

i. Clear approximately 400 LF of channel of all debris (400 LF)

2. Site 2 : 37.147268, -82.893129

i. Clear approximately 210 LF of channel of all debris (210 LF)

3. Site 5 : 37.143714, -82.89048

i. Clear approximately 275 LF of channel of all debris (275 LF)

4. Site 7 : 37.140542, -82.889162

i. Clear approximately 415 LF of channel of all debris (415 LF)

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 # 21-05-22-5076-018

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 Debris Removal LF 1,300

2 Seeding and Mulching AC 0.1

Mobilization and Demobilization

Lump Sum

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

LETCHER COUNTY- BEETREE BRANCH – 5076 DSR 018

EMERGENCY WATERSHED PROTECTION (EWP) PROJECT

with the cooperation of the

LETCHER COUNTY KENTUCKY FISCAL COURT

and the

NATURAL RESOURCES CONSERVATION SERVICE (NRCS)

CONSTRUCTION and MATERIAL SPECIFICATIONS

EWP - KY 04/2024

EWP – KY 04/2024

LIST OF APPLICABLE SPECIFICATIONS

SPECIFICATIONS:

• NRCS National Construction Specification 4, Channel Clearing and Shaping

• 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 94, Contractor Quality Control

MATERIAL SPECIFICATIONS

Not Applicable.

CONSTRUCTION DRAWINGS

See drawing sheets.

(210-VI-NEH, May 2001)

Construction Specification 4—Channel Clearing and Shaping

1. Scope The work consists of clearing designated areas by the removal and disposal of trees, logs, stumps, shrubs, brush, and rubbish, and the shaping of the channel.

2. Protection of existing vegetation Trees and other vegetation designated to remain undisturbed shall be protected from damage throughout the duration of the construction period. Any damages resulting from the contractor's operations or ne-glect shall be repaired by the contractor.

Earthfill, stockpiling of materials, vehicle or equipment parking, and excessive foot or vehicle traffic shall not be allowed within the drip line of vegetation designated to remain in place. Vegetation damaged by any of these or similar actions shall be replaced with viable vegetation of the same species, similar condition, and like size unless otherwise approved by the contracting officer.

Any cuts, skins, scrapes, or bruises to the bark of the vegetation shall be carefully trimmed and local nursery accepted procedures used to seal damaged bark.

Any limbs or branches 0.5 inch or larger in diameter that are broken, severed, or otherwise seriously damaged during construction shall be cut off at the base of the damaged limb or branch flush with the adjacent limb or tree trunk.

All roots 1 inch or larger in diameter that are cut, broken, or otherwise severed during channel shaping shall have the end smoothly cut perpendicular to the root. Roots exposed during channel shaping opera-tions shall be covered with moist soil as soon as possible to prevent roots from drying out.

3. Marking The limits of the area(s) to be cleared and shaped are marked by stakes, flags, paint, tree markings, or other suitable methods or as specified in section 8 of this specification, or they will be shown on the drawings. Trees to remain standing, undisturbed, and uninjured are designated by special markings.

4. Clearing Trees and other vegetation marked for clearing shall be cut off as near the ground surface as conven-tional tools and equipment normally permit. All trees not marked for preservation and all snags, logs, brush, shrubs, stumps, and rubbish shall be cleared from within the area limits identified.

5. Disposal All woody material, vegetation, and rubbish resulting from clearing from designated areas shall be dis-posed of at the locations and in a manner shown on the drawings, or as specified in section 8 of this specification.

6. Shaping The channel bottom and side slopes shall be shaped as shown on the drawings. The resulting shaped channel surface shall be reasonably smooth. Material excavated during the channel shaping operation shall be removed from the channel and disposed of as specified in section 8 of this specification.

4–1

7. Measurement and payment Method 1—For items of work for which specific unit prices are established by the contract, the desig-nated cleared and shaped area is measured and the area determined to the nearest 0.1 acre. Payment for clearing and shaping is made at the contract unit price for the item and shall constitute full compensa-tion for all labor, equipment, tools, applicable permits and associated fees for burning and disposal of refuse, and all other items necessary and incidental to the satisfactory completion of the work.

Method 2—For items of work for which specific unit prices are established by the contract, the length of the cleared and shaped channel designated is measured to the nearest 100 feet. Payment for clearing and shaping is made at the contract unit price for the item and shall constitute full compensation for all labor, equipment, tools, applicable permits and associated fees for burning and disposal of refuse, and all other items necessary and incidental to the satisfactory performance of the work.

Method 3—For items of work for which specific unit prices are established by the contract, the cleared and shaped area(s) is measured and the area determined to the nearest 0.1 acre. The designated cleared and shaped area(s) is determined from the measured width at representative sections and the distance between the sections. Payment for clearing and shaping is made at the contract unit price for the item and shall constitute full compensation for all labor, equipment, tools, applicable permits and associated fees for burning and disposal of refuse, and all other items necessary and incidental to the satisfactory completion of the work.

Method 4—For items of work for which specific lump sum prices are established by the contract, the extent of clearing and shaping is not measured or determined for payment. Payment for clearing and shaping is made at the contract lump sum price for the item and shall constitute full compensation for all labor, equipment, tools, applicable permits and associated fees for burning and disposal of refuse, and all other items necessary and incidental to the satisfactory completion of the work.

All Methods—The following provisions apply to all methods of measurement and payment. Compensa-tion 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 items to which they have been made subsidiary are identified in section 8 of this specification.

8. Items of work and construction details

4–2

(6/7/2023-EWP-KY) 04-3

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

(A) Bid Item – Debris Removal

(1) This item shall consist of clearing designated areas by the removal and disposal of trees, logs, stumps, shrubs, brush, rubbish, and man-made debris from the streams as shown on the plans and as located by the engineer during construction.

(2) Marking – The upper and lower ends of the work will be designated by GPS coordinates and marked with flagging. The width varies as shown on the plans and as located by the COR.

(3) Protection of existing vegetation:

a. Trimming or treatment of cuts, scrapes or bruises to bark or limbs is not required.

b. Limbs or branches 3 inches or larger in diameter that are broken, severed, or otherwise seriously damaged during construction shall be cut off at the base of the damaged limb or branch flush with the adjacent limb or tree trunk.

(4) Tree Clearing/Removal:

a. The removal or adverse impacts to all existing trees, shrubs or other native vegetation shall be avoided and minimized to the extent possible. In general, trees and shrub removal should be targeted for removal only when they inhibit construction, cause a safety hazard within the work limits, or are already felled, severely dislodged or down.

b. Trees that exhibit exfoliating bark characteristics such as shell and shagbark hickories, white oak species; or dead and dying trees with exfoliating bark, broken tree tops, splintered or split areas; trees with cavities or hollowed areas shall not be removed unless

(a) above applies.

c. When possible and feasible all required tree removal shall occur between November 15th and March 31st and will not require NRCS State Biologist prior approval. Tree removal from April 1 to November 14th will require prior approval from the NRCS State Biologist and be marked for retention or removal by an NRCS representative. Trees and shrubs less than 3 inches in diameter may be removed any time of year.

d. If the construction activity occurs in proximity to a known Indiana and/or northern long-eared bat maternity colony or hibernaculum area, any tree removal will require prior approval from the NRCS State Biologist (regardless of time of year) and be marked for removal or retention by an NRCS representative prior to implementation.

e. NRCS will designate any needed ingress and egress, access points, or work areas in woodland and mark trees for removal or retention by an NRCS representative prior to construction.

f. If additional tree removal is required during construction, all the criteria listed above is required.

g. NRCS inspectors will ensure that sponsors and contractors adhere to the above requirements by inspecting the site prior to any work and by making site visits every day or every other day once work has commenced.

(6/7/2023-EWP-KY) 04-4

(5) Stream Debris Removal/Clearing:

a. The use of construction equipment, green concrete, pesticides or other pollutants including fuel and oil products within flowing streams or natural waterbodies during construction activities is prohibited. Plan and install appropriate measures to minimize sediment and turbidity during construction or debris removal.

b. During construction activities, appropriate measures shall be implemented to ensure that the transport of excess nutrients, sediments, pesticides or toxic substances to streams, wetlands and adjacent waterbodies does not occur.

c. Construction activities along the streams and within riparian corridors will be performed only to the minimum level needed to effectively extract targeted debris from the stream.

Tree removal must be performed as outlined above (4).

d. Man-made or natural debris of salvageable value to sponsor or landowner shall be moved, disposed of, or secured in a manner agreeable to sponsor, landowner, Insurance provider, contractor and as determined by the Government Representative. Examples would be marketable timber or damaged autos.

e. Man-made debris dislodged from blockage removal shall be secured and removed from the work area.

(6) Disposal –

a. All disposal areas shall be approved by the NRCS representative prior to implementation.

b. Unsalvageable man-made debris disposal shall conform to any State and local regulations.

c. Woody and earthen debris removed from the reach shall be hauled to a disposal site designated by the sponsor or placed in designated disposal areas determined by a Government Representative on site, or as shown on the drawings.

d. Woody debris that is burned on site, shall be done in accordance with all local and state burning regulations. No burning within the channel shall occur.

e. Areas designated for burn and burial of woody debris, as shown on the drawings, shall be regraded to slopes and grades that are consistent with the surrounding area.

f. Woody debris may also be chipped into mulch and spread uniformly over site to a depth of no more than 2” if acceptable by Sponsor and Landowner.

(7) Shaping – Areas disturbed during the removal process, including banks and access routes, shall be regraded to slopes and grades that are consistent with the surrounding area.

(8) Measurement and Payment – In Section 7, Method 2 shall apply.

(9) Items subsidiary to this bid item:

a. Construction Specification 5, Pollution Control

b. Construction Specification 9, Traffic Control

c. Construction Specification 11, Removal of Water

d. Construction Specification 21, Excavation

e. Construction Specification 94, Contractor Quality Control

5–1(210–VI–NEH, January 2014)

1. Scope 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.

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

— mulch and compost materials

— erosion control materials

— fertilizers

— dust suppressants

— agricultural spray adjuvants

2. Material Silt fence shall conform to the requirement of Materials Specification 592, Geotextile. All other material furnished shall meet the requirements of the material specifications listed in section 8 of this specification.

3. Erosion and sediment control measures and works The measures and works shall include, but are not limited to, the following:

Staging of earthwork activities—The excavation and moving of soil materials shall be scheduled to minimize the size of areas disturbed and unprotected from erosion for the shortest reasonable time.

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

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

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

Stream crossings—Culverts or bridges where equipment must cross streams. They are temporary and shall be removed and the area restored to its near original condition when the crossings are no longer required or when permanent measures are installed.

Sediment basins—Sediment basins collect, settle, and eliminate sediment from eroding areas from impacting properties and streams below the construction site(s). These basins are temporary and shall be removed and the area restored to its original condition when they are no longer required or when permanent measures are installed.

Sediment filters—Straw bale filters or geotextile silt fences trap sediment from areas of limited runoff. Sediment filters shall be properly anchored to prevent erosion under or around them. Silt fences shall be installed and main-tained in accordance with ASTM D6462. These filters are temporary and shall be removed and the area restored to its original condition when they are no longer required or when permanent measures are installed.

Waterways—Waterways for the safe disposal of runoff from fields, diversions, and other structures or measures.

These works are temporary and shall be removed and the area restored to its original condition when they are no longer required or when permanent measures are installed.

Construction Specification 5—Pollution Control

5–2 (210–VI–NEH, January 2014)

Other—Additional protection measures as specified in section 8 of this specification or required by Federal, State, or local government.

4. Chemical pollution The contractor shall 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 washwater, or asphalt, produced as a by-product of the construction activities. Pollutants shall be disposed of in accordance with appropriate state and Federal regulations. At the completion of the construction work, tanks, barrels, and sumps shall be removed and the area restored to its original condition as specified in sec-tion 8 of this specification. Sump removal shall be conducted without causing pollution.

Sanitary facilities, such as chemical toilets, or septic tanks shall not be located next to live streams, wells, or springs. They shall be located at a distance sufficient to prevent contamination of any water source. At the comple-tion of construction activities, facilities shall be disposed of without causing pollution as specified in section 8 of this specification.

5. Air pollution The burning of brush or slash and the disposal of other materials shall adhere to state and local regulations.

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

All public access or haul roads used by the contractor during construction of the project shall be sprinkled or otherwise treated to fully suppress dust. All dust control methods shall ensure safe construction operations at all times. If chemical dust suppressants are applied, the material shall be a commercially available product specifically designed for dust suppression and the application shall follow manufacturer's requirements and recommendations.

A copy of the product data sheet and manufacturer's recommended application procedures shall be provided to the engineer 5 working days before the first application.

6. Maintenance, removal, and restoration All pollution control measures and temporary works shall be adequately maintained in a functional condition for the duration of the construction period. All temporary measures shall be removed and the site restored to near original condition.

7. Measurement and payment 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 8 of this speci-fication, measurement for payment will not include water or chemical suppressants that are used inappropriately or excessive to need. Such payment will constitute full compensation for the completion of the work.

Method 2—For items of work for which lump sum prices are established in the contract, payment is made as the work proceeds and 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 compensa-tion for completion of the work.

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 pro-rating shall 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.

5–3(210–VI–NEH, January 2014)

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 8 of this specification.

(6/7/2023-EWP-KY) 05-4

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

(A) Subsidiary Item - Pollution Control.

(1) This item consists of all 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 his 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) Section 5, 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) Section 7, Measurement and Payment, no separate payment will be made for this item. Compensation will be considered as included in the payment for:

a. Bid Item, Debris Removal.

(210-VI-NEH, Amend. 2, Sept. 2018) 6–1

Construction Specification 6—Seeding, Sprigging, and Mulching

1. Scope 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.

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

— Mulch and compost materials

— Erosion control materials

— Fertilizers

— Agricultural spray adjuvants

2. Material Seed—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 7.

Seed must be labeled in accordance with State laws and 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 may be accepted with a test date of more than 9 months before the date of delivery to the site.

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.

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.

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, except that four times the amount must be used when seed is applied using a hydraulic seeder. Seed must be sown within 24 hours of treatment and must not remain in the hydraulic seeder longer than 4 hours.

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 department of agriculture.

Other soil amendments must meet quality criteria and application requirements specified in section 7.

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. Nonasphaltic tackifiers required because of environmental considerations must be as specified in section 7.

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 7. The mulch material must be air-dry, 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.

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.

3. Seeding mixtures, sod, sprigs, and dates of planting The application rate per acre for seed mixtures, sprigs, or sod and date of seeding or planting must be as shown on the plans or as specified in section 7.

6–2 (210-VI-NEH, Amend. 2, Sept. 2018)

4. Seedbed preparation and treatment Areas to be treated must be dressed to a smooth, firm surface. On sites where equipment can operate on slopes safely, the seedbed must be adequately loosened (4 to 6 inches deep) and smoothed. Depending on soil and moisture conditions, disking or cultipacking, or both, may be necessary to properly prepare a seedbed. Where equipment cannot operate safely, the seedbed must be prepared by hand methods by scarifying to provide a roughened soil surface so that broadcast seed will remain in place.

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.

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 7.

Seedbed preparation must be discontinued when soil moisture conditions are not suitable for the preparation of a satisfactory seedbed as determined by the responsible engineer.

5. Seeding, sprigging, fertilizing, mulching, and stabilizing All seeding or sprigging operations must be performed 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 7. Unless otherwise specified, seeding or sprigging must be accomplished within 2 days after final grading is completed and approved.

Fertilizer, lime, and other soil amendments must be applied as specified in section 7. When specified, the fertilizer and soil amendments must be thoroughly incorporated into the soil immediately following surface application.

The rate, amount, and kind of mulching or mesh must be as specified in section 7. Mulches must be applied uniformly to the designated areas. They must be applied to areas seeded not later than 2 working days after seeding has been performed. Straw mulch material must be stabilized 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. Hand methods must be used where equipment cannot safely operate to perform the work required.

The tackifier must be applied uniformly over the mulch material at the specified rate, or it must be injected into the mulch material as it is being applied. Mesh or netting stabilizing materials 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 7.

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.