Final_RFB_605_1900000810_1_SO_FORM.PDF

Document ID: RFB 605 1900000810 Page: 1 of 7

Commonwealth of Kentucky

SOLICITATION

Addenda: No Addenda #:

TITLE: Tree and Brush Removal D1

Date Issued:

6/20/19 Record Date:

2019-06-20

Solicitation Closes Date:

7/3/19 Time:

10:00

Solicitation No:

RFB 605 1900000810

Online Bidding Prohibited: Yes

For Information Call:

Jennifer Houchin 502-782-3977

Bid Receiving Location:

KYTC Division of Purchases Bid Clerk 200 Mero Street 4th Floor Frankfort KY 40622

Vendor Customer Number:

Vendor Name:

Phone Number:

Fax Number:

Email Address:

Ordering

Address:

City, State, Zip:

Contact Name:

Contact Email:

Contact Phone Number:

Payment

Address:

City, State, Zip:

Contact Name:

Contact Email:

Contact Phone Number:

Ownership Type

__ Sole Proprietorship __ Partnership __ Corporation __ Other_________________________

SIGNATURE OF AUTHORIZED AGENT IS REQUIRED UNLESS RESPONSE

IS SUBMITTED ELECTRONICALLY. FAILURE TO SIGN SHALL RENDER

THE BID INVALID.

Signature X_________________________________________ FEIN#____________________ Date____________

All offers subject to all terms and conditions contained in this solicitation.

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Line Items

Commodity Group: Default Commodity Group

Line CL Description Quantity UOM Unit Cost Line Total or Contract Amnt

1 Limb Removal 20.00000 HOUR

Comm Code Comm Description Manufacturer Model # Manuf Part #

96888 Tree and Shrub Removal Services

Extended Description Perform Limb Removal (any size) on standing trees that have been designated and marked for limb removal by the Chief District Engineer or their representative. All limb removal shall comply with the Class II Pruning Standards of the National Arborist Association, Inc. Do not make flush cuts along the trunk, main stem, or main branch of the tree. Make cuts just outside the branch collar. Remove the limbs and all the debris from the site and dispose of the limbs and the debris off of KYTC rights-of-ways.

Keep the premises free from the accumulation of waste material and debris at all times. At the completion of the work, remove all debris and waste material from the site and dispose of the debris and waste material off of the rights-of-ways.

The Vendor (Contractor) will be shown the trees designated for limb removal prior to any work being performed.Perform necessary Maintain and Control Traffic work items as outlined in the Terms and Conditions.

The unit of bid for this line item shall be per crew hour. See Terms and Conditions for definition of crew.

2 Tree Removal (0-4 inches diameter) 20.00000 HOUR

Extended Description Perform Tree Removal on those trees (0-4 inches in diameter) that have been designated and marked for cutting and removal by the Chief District Engineer or their representative. Cut all trees to within three (3) inches of the ground line. Remove the trees and all the debris from the site and dispose of the trees and the debris off of the rights-of-ways.

Keep the premises free from the accumulation of waste material and debris at all times. At the completion of the work, remove all debris and waste material from the site and dispose of the debris and waste material off of the rights-of-ways.

Perform Stump Treatment as incidental to this item of work. Application of herbicide stump treatment shall be made within one hour upon cutting of tree.

The size of the trees will be determined by the average diameter of the tree trunk taken at a point measured two (2) feet above the base of the tree at the ground line. The diameter will be measured to the nearest full inch. Trees will be measured prior to any cutting and removal.

The Vendor (Contractor) will be shown the trees to be cut prior to any work being performed. At this time, any disagreements by the Contractor as to the size of the trees will be resolved with the personnel from the Department of Highways who are responsible for determining Tree Removal work.

Perform necessary Maintain and Control Traffic work items as outlined in the Terms and Conditions.

The unit of bid for this line item shall be per crew hour. See Terms and Conditions for definition of crew.

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3 Tree Removal (5-12 inches diameter) 30.00000 EA

Extended Description Perform Tree Removal on those trees (5-12 inches in diameter) that have been designated and marked for cutting and removal by the Chief District Engineer or their representative. Cut all trees to within three (3) inches of the ground line. Remove the trees and all the debris from the site and dispose of the trees and the debris off of the rights-of-ways.

Keep the premises free from the accumulation of waste material and debris at all times. At the completion of the work, remove all debris and waste material from the site and dispose of the debris and waste material off of the rights-of-ways.

Perform Stump Treatment as incidental to this item of work. Application of herbicide stump treatment shall be made within one hour upon cutting of tree.

The size of the trees will be determined by the average diameter of the tree trunk taken at a point measured two (2) feet above the base of the tree at the ground line. The diameter will be measured to the nearest full inch. Trees will be measured prior to any cutting and removal.

The Vendor (Contractor) will be shown the trees to be cut prior to any work being performed. At this time, any disagreements by the Contractor as to the size of the trees will be resolved with the personnel from the Department of Highways who are responsible for determining Tree Removal work.

4 Tree Removal (13-20 inches diameter) 20.00000 EA

Extended Description Perform Tree Removal on those trees (13-20 inches in diameter) that have been designated and marked for cutting and removal by the Chief District Engineer or their representative. Cut all trees to within three (3) inches of the ground line. Remove the trees and all the debris from the site and dispose of the trees and the debris off of the rights-of-ways.

Keep the premises free from the accumulation of waste material and debris at all times. At the completion of the work, remove all debris and waste material from the site and dispose of the debris and waste material off of the rights-of-ways.

Perform Stump Treatment as incidental to this item of work. Application of herbicide stump treatment shall be made within one hour upon cutting of tree.

The size of the trees will be determined by the average diameter of the tree trunk taken at a point measured two (2) feet above the base of the tree at the ground line. The diameter will be measured to the nearest full inch. Trees will be measured prior to any cutting and removal.

The Vendor (Contractor) will be shown the trees to be cut prior to any work being performed. At this time, any disagreements by the Contractor as to the size of the trees will be resolved with the personnel from the Department of Highways who are responsible for determining Tree Removal work.

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5 Tree Removal (21-30 inches diameter) 65.00000 EA

Extended Description Perform Tree Removal on those trees (21-30 inches in diameter) that have been designated and marked for cutting and removal by the Chief District Engineer or their representative. Cut all trees to within three (3) inches of the ground line. Remove the trees and all the debris from the site and dispose of the trees and the debris off of the rights-of-ways.

Keep the premises free from the accumulation of waste material and debris at all times. At the completion of the work, remove all debris and waste material from the site and dispose of the debris and waste material off of the rights-of-ways.

Perform Stump Treatment as incidental to this item of work. Application of herbicide stump treatment shall be made within one hour upon cutting of tree.

The size of the trees will be determined by the average diameter of the tree trunk taken at a point measured two (2) feet above the base of the tree at the ground line. The diameter will be measured to the nearest full inch. Trees will be measured prior to any cutting and removal.

The Vendor (Contractor) will be shown the trees to be cut prior to any work being performed. At this time, any disagreements by the Contractor as to the size of the trees will be resolved with the personnel from the Department of Highways who are responsible for determining Tree Removal work.

6 Tree Removal (31-40 inches diameter) 30.00000 EA

Extended Description Perform Tree Removal on those trees (31-40 inches in diameter) that have been designated and marked for cutting and removal by the Chief District Engineer or their representative. Cut all trees to within three (3) inches of the ground line. Remove the trees and all the debris from the site and dispose of the trees and the debris off of the rights-of-ways.

Keep the premises free from the accumulation of waste material and debris at all times. At the completion of the work, remove all debris and waste material from the site and dispose of the debris and waste material off of the rights-of-ways.

Perform Stump Treatment as incidental to this item of work. Application of herbicide stump treatment shall be made within one hour upon cutting of tree.

The size of the trees will be determined by the average diameter of the tree trunk taken at a point measured two (2) feet above the base of the tree at the ground line. The diameter will be measured to the nearest full inch. Trees will be measured prior to any cutting and removal.

The Vendor (Contractor) will be shown the trees to be cut prior to any work being performed. At this time, any disagreements by the Contractor as to the size of the trees will be resolved with the personnel from the Department of Highways who are responsible for determining Tree Removal work.

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7 Tree Removal (41-60 inches diameter) 25.00000 EA

Extended Description Perform Tree Removal on those trees (41-60 inches in diameter) that have been designated and marked for cutting and removal by the Chief District Engineer or their representative. Cut all trees to within three (3) inches of the ground line. Remove the trees and all the debris from the site and dispose of the trees and the debris off of the rights-of-ways.

Keep the premises free from the accumulation of waste material and debris at all times. At the completion of the work, remove all debris and waste material from the site and dispose of the debris and waste material off of the rights-of-ways.

Perform Stump Treatment as incidental to this item of work. Application of herbicide stump treatment shall be made within one hour upon cutting of tree.

The size of the trees will be determined by the average diameter of the tree trunk taken at a point measured two (2) feet above the base of the tree at the ground line. The diameter will be measured to the nearest full inch. Trees will be measured prior to any cutting and removal.

The Vendor (Contractor) will be shown the trees to be cut prior to any work being performed. At this time, any disagreements by the Contractor as to the size of the trees will be resolved with the personnel from the Department of Highways who are responsible for determining Tree Removal work.

8 Tree Removal (61 inches and above in diameter )

15.00000 EA

Extended Description Perform Tree Removal on those trees (61 inches and above in diameter) that have been designated and marked for cutting and removal by the Chief District Engineer or their representative. Cut all trees to within three (3) inches of the ground line. Remove the trees and all the debris from the site and dispose of the trees and the debris off of the rights-of-ways.

Keep the premises free from the accumulation of waste material and debris at all times. At the completion of the work, remove all debris and waste material from the site and dispose of the debris and waste material off of the rights-of-ways.

Perform Stump Treatment as incidental to this item of work. Application of herbicide stump treatment shall be made within one hour upon cutting of tree.

The size of the trees will be determined by the average diameter of the tree trunk taken at a point measured two (2) feet above the base of the tree at the ground line. The diameter will be measured to the nearest full inch. Trees will be measured prior to any cutting and removal.

The Vendor (Contractor) will be shown the trees to be cut prior to any work being performed. At this time, any disagreements by the Contractor as to the size of the trees will be resolved with the personnel from the Department of Highways who are responsible for determining Tree Removal work.

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9 Stump Grinding (Stump diameter of 20 inches or less)

100.00000 EA

Extended Description Line Item: Stump Grinding - (stump diameter of 20 inches or less)

Vendor shall grind stump and all surrounding roots to a depth of twelve (12) inches below ground level. All wood chips and disturbed soil shall be leveled in place of the said stump, unless other wise directed by the Roadside Environment District Administrator. The quantities and times of stump removal shall be determined and directed at the discretion of the Roadside Environment District Administrator.

10 Stump Grinding (Stump diameter greater than 20 inches)

100.00000 EA

Extended Description Line Item: Stump Grinding - (stump diameter greater than 20 inches)

Vendor shall grind stump and all surrounding roots to a depth of twelve (12) inches below ground level. All wood chips and disturbed soil shall be leveled in place of the said stump, unless other wise directed by the Roadside Environment District Administrator. The quantities and times of stump removal shall be determined and directed at the discretion of the Roadside Environment District Administrator.

Shipping Information Various Shipping

See Extended Description

Various KY

Billing Information KYTC District 1 - Paducah District Office

5501 Kentucky Dam Road

Paducah KY 42003

Document ID: RFB 605 1900000810 Page: 7 of 7

Submission Checklist

The following items will be required to be submitted with bid:

Item The bidder with the lowest Price receives the maximum score - 95pts The bidder with the best Response Time receives the maximum score - 5pts

BID SUBMISSION CHECKLIST

The vendor MUST include the following with the bid submission. If the items below are not submitted with the bid, the Commonwealth MUST deem the bid non-responsive and SHALL NOT be considered for award.

_____ FACE OF SOLICITATION – SIGNED (See Section 3.04)

_____ BID INFORMATION – COMPLETED (See Section 5.00)

All other items MUST be submitted prior to award.

_____ CERTIFICATE OF AUTHORITY – REGISTRATION WITH SECRETARY OF STATE BY FOREIGN

ENTITY (See Section 2.23)

_____ REQUIRED AFFIDAVIT(S) (See Attachments A, B, C, etc. as applicable)

_____ CERTIFICATE OF INSURANCE

PLEASE READ THIS SOLICITATION AND ITS INSTRUCTIONS IN ITS ENTIRETY.

This is a Request for Bid (RFB).

Vendors shall comply with the terms and conditions stated in the solicitation.

Any efforts to negotiate these terms and conditions SHALL NOT be accepted and SHALL cause the bid to be deemed non-responsive.

The General Conditions and Instructions for Solicitations and Contracts shall be incorporated by reference in each solicitation and resulting contract. Therefore, it is the bidder's responsibility to access and read these General Conditions at: http://finance.ky.gov/services/policies scroll down to Procurement Services- Procurement , double click on the file named FAP 110-10-00 General Conditions and Instructions for Solicitations and Contracts or request a copy by contacting the KYTC Division of Purchases buyer named in Section 3.01. Every person submitting a bid to the Commonwealth shall be deemed to have assented to these conditions by the act of bidding.

Section 1 - Scope of Work - Service

1.00 - Specifications of Service Requirements

This is a solicitation for the Removal of Trees, Brush, and Limbs from the rights-of-ways of the Department of Highways District 1 in the Commonwealth of Kentucky.

Removal will be for those trees that are considered dangerous, that are blocking sight distance, or that are causing a safety hazard, and that constitute an imminent danger to the public.

The Vendor guarantees the ability to provide _____ complete crews at any given time during the term of the Master Agreement. Minimum requirements for a complete crew will be that necessary for performing the work in a proper and timely manner and shall be comprised of three (3) Laborers/Equipment Operators, in addition to one (1) Crew Supervisor who may also perform other duties; thusly, a complete crew shall consist of 4 individuals. The minimum items of equipment shall consist of a Bucket Truck (Cherry-Picker), a Brush Chipper with a Chipper Truck, two (2) industrial quality chainsaws with 16” (minimum) bars, and all fuel, lubricants, supplies, and materials necessary for maintenance and operation of equipment. All equipment must be on work site and operable. The work items of Maintain and Control Traffic will be incidental to the work performed.

The Vendor guarantees to begin work within _____ calendar days after the receipt of a Transportation Delivery Order. Six (6) or more calendar days will not be considered. This will not apply to “Emergency Orders” which require a twenty-four (24) hour response time. Failure to respond to a request for work (Transportation Delivery Order) within the time frame as specified in these terms and conditions or as reflected in the vendor response to "Best Value" criteria will result in the assessment of penalties. These penalties will be in the amount of $500.00 per calendar day for each day beyond the required time that no work is performed.

Document Description Page 7

1900000810 Tree and Brush Removal D1 of 36

Notification to begin work will be given by an authorized Transportation Cabinet employee. All requests for work will be placed or confirmed on a hard copy Transportation Delivery Order.

The Vendor is not responsible for, and shall not be penalized for delays when caused by factors or events outside Vendor’s control, including but not limited to acts or omissions of the Commonwealth or third parties, acts of civil or military authority, civil disturbance, war, terrorism, pandemics, explosions, fire, floods, tornadoes or other natural disasters or acts of God.

Prequalification of Bidders

All organizations and individuals bidding on this Department of Highways Right-of-Way Tree Removal project shall possess a Certificate of Eligibility, for work classification I36 Tree Trimming and Brush Removal, as provided in regulations published by the Department according to KRS Section 176.140 and as stipulated in Section 102.01 of the Standard Specifications for Road and Bridge Construction, Current Edition. This Certificate of Eligibility shall be obtained prior to the bid closing. Vendors that are not on the prequalified list on the date that the bid closes shall not be considered for award.

For information on the prequalified process please contact the Prequalification Branch Manager in the Division of Construction Procurement at 502-564-3500.

Experience

Bidder must have a minimum of thirty-six (36) months experience in Right-of-Way tree removal work. Bidder shall furnish proof of experience upon request by the Department.

Vendor shall be certified to perform work in and around utility power lines. Be responsible for contacting the identified utility company for notification of work to be performed and for any assistance that may be required.

Subcontracting

Subcontracting of work by the vendor to other contractors is not permitted. Only prospective bidders who possess the resources and assets to complete the work as specified per the terms and conditions and within the specified time period should submit a bid proposal. If the contractor is found subcontracting work on this project the contract shall be terminated immediately.

Crew members shall be employed by the vendor. Subcontracting to meet crew requirements shall not be permitted.

Provide proper insurance coverage to indemnify the Commonwealth of Kentucky and to hold the Commonwealth of Kentucky harmless against all loss, expenses, or injury to person or property.

Insurance

The successful bidder shall be responsible for maintaining this coverage through the entire contract term:

1. Contractor’s General Liability Insurance with limits of liability of $1,000,000.00 per occurrence.

2. Kentucky worker's compensation insurance in accordance with the requirements of KRS 45A.480 and KRS Chapter 342.

The successful bidder shall furnish an ACORD Certificate within ten (10) days of notice of intent to award with:

A. The certificate holder listed as:

Kentucky Transportation Cabinet Division of Purchases 4th Floor East 200 Mero Street Frankfort, KY 40622

Document Description Page 8

B. The Endorsement indicating the Commonwealth and its agents as an Additional Insured for the contract resulting from this solicitation.

C. The contract number in the Description of Operations box.

Failure to furnish said certificates or to indicate the contract number shall be grounds for cancellation of the contract.

The successful bidder shall provide an up-to-date copy of the certificate upon renewal of the policy.

Failure to do so shall result in cancellation of the contract.

The insurance shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage limits, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the agencies.

The insurance coverage shall be in compliance with the laws of the Commonwealth of Kentucky and shall be placed with a licensed resident or non-resident agent who represents insurance companies authorized to do business in Kentucky. A list of authorized companies can be found at http://insurance.ky.gov/ company. Failure to meet this requirement may result in the bid being deemed non-responsive.

The insurer shall have an AM Best rating of B+ or higher. Visit www.ambest.com for verification. Failure to meet this requirement may result in the bid being deemed non-responsive.

Terms and Conditions

Comply with all city, county, state, and federal laws and regulations and secure any and all permits and licenses that may be required.

Comply with all applicable federal, state, and local laws, ordinances and regulations governing safety.

Provide all safeguards needed for employees and equipment. Conform all equipment to all prevailing Occupational Safety and Health Administration (OSHA) regulations. Require all operators and other employees to wear safety vests that conform to OSHA regulations on the job site at all times.

Vendor shall be responsible for contacting the identified utility company for notification of work to be performed and for any assistance that may be required.

The Department will conduct a meeting with the Contractor after the Master Agreement has been awarded prior to any work being performed. At this time, the Vendor will be made aware of the status of the work that is to be performed and an approximate time frame for the completion of each item of work.

Work will be performed under the supervision of the Chief District Engineer of the Department of Highways.

Notify the Chief District Engineer or his representative of the day work will begin and of each subsequent day that work is to be performed so that the work may be inspected. Failure to provide this notification will result in non-payment of any work for that day.

Complete the work in a continuous manner once work has begun. Long periods of work interruption will not be satisfactory. Work performance which does not conform to these terms and conditions or which is otherwise unsatisfactory will result in an immediate suspension of all work operations and the assessment of a penalty of $500.00 for each occurrence. Operations will remain suspended until the situation has been corrected and approval has been given for work operations to resume. Failure to comply with the terms and conditions as stated may be grounds for cancellation of the Master Agreement.

When situations arise in which the trees or limbs to be removed constitute an immediate danger to a structure or to a public area, the Department of Highways may declare these situations emergencies and request work to begin within twenty-four (24) hours. Written notification of these situations along with project instructions will be supplied to the Vendor (Contractor) via a “FAX Transmittal” or email.

As a condition of the Master Agreement, provide and maintain the twenty-four (24) hour fax accessibility or email. Failure to respond to a “twenty-four (24) hour” notification may result in the immediate cancellation of the Master Agreement.

Document Description Page 9

1900000810 Tree and Brush Removal D1 of 36 http://insurance.ky.gov/company http://insurance.ky.gov/company http://www.ambest.com

Tree trimming and brush removal shall include all overhanging tree branches and brush from nuisance trees and shrubbery that needs to be cleared to allow passage of vehicular traffic. All limb removal shall comply with the Class II Pruning Standards of the National Arborist Association, Inc. A copy of this standard is included with these specifications. The latest edition must be used for all pruning work performed under this agreement.

Contractor will remove all debris from the trimming and removal of trees and brush from the work site and dispose of it off KYTC right-of-way. Cleanup and remove all existing down trees and brush located within the designated areas.

Contractor shall keep the work zone free of accumulated waste material and debris at all times. Remove and dispose of all tree and brush chips off the rights-of-ways. Remove and dispose of all debris and waste material off the rights-of-ways as work is completed and at the end of each workday. Remove desirable wood pieces from the rights-of-ways at the end of each workday. Stockpile trees and brush off the rights-of-ways.

Failure by the Vendor to perform cleanup and removal of debris and wood waste within the required time will result in an immediate shutdown of the work until the debris has been removed from the right-of-way.

A penalty of $250.00 will be assessed for each occurrence of failure to remove debris and wood waste that results in a shutdown of work operations.

Contractor shall perform stump treatment of all cut stumps as incidental to the tree and brush removal items. Mix the specified herbicide solution in the presence of the inspector or use a premixed combination product prepackaged by Aquamix or Eco-pak LLC. Any prepackaged combination of herbicides must be properly labeled indicating the specified herbicide ratios and be in compliance with all state and federal laws.

Include a color indicator in the herbicide solution to mark the treated stumps. Spray or paint the herbicide solution onto all cut stumps within one hour after their cutting. Apply the herbicide solution in a manner to avoid drift onto surrounding vegetative ground cover.

KRS 217B requires that any individual who applies pesticides to Kentucky Highway Right-of-Way areas must be certified as a Pesticide Applicator under Category 6 guidelines. Comply with all current laws and regulations established by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and by KRS 217B that regulate the handling, use, and application of pesticides. Contractor shall meet requirements per KRS 217B.105. Prior to the award of a Master Agreement contract, contractor shall provide Kentucky Transportation Cabinet, Division of Purchases, verification that employees responsible for making herbicide applications hold a current Category 6 Pesticide Applicators License approved by the Kentucky Department of Agriculture

Contractor shall provide herbicide material for the treatment of cut stumps. The products used in this blend shall be as listed below with no exceptions. The chemical formulations of the products are as follows (no generic products allowed):

Garlon 4 Ultra: (Triclopyr):

3,5,6- trichloro-2-pyridinyloxyacetic acid, butoxyethyl ester …. 60.45 %

Inert Ingredients ………………………………………………..39.55 %

Total: 100.00%

Manufacturer: Dow AgroSciences

EPA Reg. No: 62719-527

Stalker: (Imazapyr)

(2(4,5- dihydro-4-methyl-4-(1-methylethyl-5-oxo-1H-imidazol-2-y)-3-pyridinecarboxylic acid) ……………………………………………….……..27.6%

Inert ingredients ………………………………………………….………..….72.4%

Total: 100.0%

Document Description Page 10

Equivalent to 22.6% (2(4,5- dihydro-4-methyl-4-(1-methylethyl-5-oxo-1H-imidazol-2-y)-3-pyridinecarboxylic acid) or 2 pounds acid per gallon.

Manufacturer: BASF Corp

EPA Reg. No: 241-398

Basal Oil: Aliphatic Hydrocarbon oils, surfactants, and selected emulsifiers 100%

EPA Reg. No: All ingredients are exempt from tolerance requirements under 40 CFR 180.

The Department will not accept any products other than those stated above. Generic formulations will not be accepted.

Blend Percentages:

77%- Basal Oil

20%- Garlon 4 Ultra

3%- Stalker A blue dye, compatible with the herbicide blend and universally industry-wide accepted, shall be added to the blend for the purpose of marking treated areas. The amount of dye added shall be in accordance to the manufacturer's recommendation.

It is herein set forth that the number of days needed for the removal of small trees and brush (0 - 4 inches), and the number of trees of various sizes to be removed are estimates only. The actual usage will be determined by the needs of the Department of Highways.

The Contractor shall maintain a daily worksheet for documenting and reporting quantities. The Contractor shall supply the worksheet in triplicate form with one (1) copy for the Department, one (1) copy for the Contractor, and one (1) copy for the Contractor’s invoice. At the end of each workday copies of all work tickets, itemizing each line item payment unit of measure, and quantities generated for that day’s work shall be provided to the Department for review and verification of work. In addition, each crew member shall be identified by name and last four (4) digits of Social Security Number and number of hours worked. Travel time to and from work site shall not be considered for billing purposes.

Terms and Conditions to Maintain and Control Traffic:

The Vendor (Contractor) shall maintain and control traffic for a lane closure on a two-lane highway facility and for a shoulder closure on a multi-lane highway facility for tree, brush, and limb removal. A Work Zone shall be established in accordance with the Manual on Uniform Traffic Control Devices (MUTCD), (Current Edition) and in accordance with the Kentucky Department of Highways Standard Drawings (Current Edition).

Vendor shall utilize the appropriate Standard Drawings for any maintain and control traffic case scenarios that may occur during the performance of tree, brush, and limb removal operations.

Vendor shall provide and utilize flaggers in conjunction with this Maintain and Control Traffic Work Item in accordance with the Manual on Uniform Traffic Control Devices (MUTCD), Current Edition, and in accordance with the Kentucky Department of Highways Standard Drawings (Current Edition) as specified.

Vendor shall maintain and control traffic for a lane closure on a multi-lane divided highway facility for tree, brush, and limb removal by establishing a Work Zone in accordance with the Manual on Uniform Traffic Control Devices (MUTCD) (Current Edition),, and in accordance with the Kentucky Department of Highways Standard Drawings (Current Edition). This item of work will require the use of a flashing arrow board. The use of flaggers for this operation will not be required.

Vendor shall utilize the appropriate standard drawings for any maintain and control traffic case scenarios that may occur during the performance of Tree, Brush, and Limb Removal Operations.

A link to the Manual on Uniform Traffic Control Devices can be found at:

http://mutcd.fhwa.dot.gov

Document Description Page 11 http://mutcd.fhwa.dot.gov

A link to the Standard Drawings can be found at:

http://transportation.ky.gov/Highway-Design/Pages/2012-Standard-Drawings.aspx

A link to the Standard Specifications can be found at:

http://transportation.ky.gov/Construction/Pages/Kentucky-Standard-Specifications.aspx

Contractor’s vehicles shall comply with warning devices in accordance with the current edition of the MUTCD. Warning beacon lights, meeting or exceeding the following specifications, shall be used on all vehicles:

Warning strobe lights shall cover a 360º effective area and shall penetrate bright sunlight, haze, fog, smog, and darkness. The dome lens shall be amber in color, utilize 360º optic, and have a height of 4 inches. Warning strobe lights shall produce not less than 60 single flashes or 120 double flashes per minute and 12 joules per main flash.

The Maintain and Control Traffic items of work will be performed as incidental to the Tree and Brush Removal items of work. The number of personnel required for traffic control shall not be considered to constitute members of the tree and brush removal crew.

Routine Hazardous Tree, Brush, and Limb Removal (Lines 1-10)

Removal will be for those trees that are considered dangerous, that are blocking sight distance, or that are causing a safety hazard, and that constitute an imminent danger to the public.

Tree trimming and brush removal shall include all overhanging tree branches and brush from nuisance trees and shrubbery that needs to be cleared to allow passage of vehicular traffic. All limb removal shall comply with the Class II Pruning Standards of the National Arborist Association, Inc. A copy of this standard is included with these specifications. The latest edition must be used for all pruning work performed under this agreement.

The Vendor (Contractor) will be shown the trees designated for removal prior to any work being performed.

The size of the trees will be determined by the average diameter of the tree trunk taken at a point measured two (2) feet above the base of the tree at the ground line. The diameter will be measured to the nearest full inch. Trees will be measured prior to any cutting and removal. At this time, any disagreements by the Contractor as to the size of the trees will be resolved with the personnel from the Department of Highways who are responsible for determining Tree Removal work.

When situations arise in which the trees or limbs to be removed constitute an immediate danger to a structure or to a public area, the Department of Highways may declare these situations emergencies and request work to begin within twenty-four (24) hours. Written notification of these situations along with project instructions will be supplied to the Vendor via a “FAX Transmittal”.

As a condition of the Master Agreement, provide and maintain the twenty-four (24) hour fax accessibility.

Failure to respond to a “twenty-four (24) hour” notification may result in the immediate cancellation of the Master Agreement.

Contractor will remove all debris from the trimming and removal of trees and brush from the work site and dispose of it off the right-of-way. Cleanup and remove all existing down trees and brush located within the designated areas.

Contractor shall keep the work zone free of accumulated waste material and debris at all times. Remove and dispose of all tree and brush chips off the rights-of-ways. Remove and dispose of all debris and waste material off the rights-of-ways as work is completed and at the end of each workday. Remove desirable wood pieces from the rights-of-ways at the end of each workday. Stockpile trees and brush off the rights-of-ways.

Document Description Page 12

1900000810 Tree and Brush Removal D1 of 36 http://transportation.ky.gov/Highway-Design/Pages/2012-Standard-Drawings.aspx http://transportation.ky.gov/Construction/Pages/Kentucky-Standard-Specifications.aspx

Failure by the Vendor to perform cleanup and removal of debris and wood waste within the required time will result in an immediate shutdown of the work until the debris has been removed from the right-of-way.

A penalty of $250.00 will be assessed for each occurrence of failure to remove debris and wood waste that results in a shutdown of work operations.

The Vendor shall maintain and control traffic for a lane closure on a two-lane highway facility and for a shoulder closure on a multi-lane highway facility for tree, brush, and limb removal. The Maintain and Control Traffic items of work shall be performed as incidental to the Tree and Brush Removal items of work.

Perform Stump Treatment as incidental to this item of work. Application of herbicide stump treatment shall be made within one hour upon cutting of tree.

Emergency Roadway Clearing Debris Clearance Contractor shall perform initial debris clearance activities necessary to eliminate life and safety threats.

Initial response phase of the Roadway Clearing (debris operation) may begin during a disaster or emergency event. Crews may be activated to clear debris on KYTC highways and emergency access roads; usually this is vegetative debris that is cut and removed from roadways onto the KYTC rights-of-way.

The purpose is to eliminate an immediate threat to lives, and public health and safety. The clearance activities only require removal of debris from the roadways making them passable. Debris removal and disposal shall not be addressed in this line item at this time. Debris shall be moved to the rights-of ways with no pickup and disposal.

The transition period from initial Roadway Clearance activities to debris removal depends on the magnitude of disaster impact. Typically, the debris removal recovery phase begins after the KYTC highways and emergency access routes are cleared and police, firefighters, and other first responders have the necessary access.

Monitoring Roadway Clearing Operations Monitoring of Roadway Clearing is primarily the responsibility of the KYTC or its Monitoring Services contractor. KYTC may monitor debris and roadway clearing operations in order to document eligible quantities and reasonable expenses to ensure that the work is eligible for Public Assistance grant funding from FEMA, FHWA, and NRCS-USDA.

KYTC or its monitoring service shall utilize photos to show the condition of the roadway or property prior to the beginning of the work. Generally, pictures are used to confirm the County, KY route, mile point, and identified scope-of-work on the roadway.

Contractor shall provide documentation of the number of personnel and their position or duty on each crew, amount and type of equipment in use, and hours worked on a daily basis.

KYTC will establish priorities for roadway and debris clearance and removal during initial response and recovery operations.

Emergency Work Response Time: The Vendor guarantees to begin work within 24 hours following notification by the Chief District Engineer or his/her designee that an emergency situation exists. This notification may be in the form of a phone call, but an official Delivery Order shall follow as soon as possible.

An “emergency” is defined as– A situation which creates a threat or impending threat to public health, welfare, or safety such as may arise by reason of fires, floods, tornadoes, other natural or man-caused disasters, epidemics, riots, enemy attack, sabotage, explosion, power failure, energy shortages, transportation emergencies, equipment failures, state or federal legislative mandates, or similar events.

(Per KRS 45A.095)

The vendor shall provide at least two phone numbers where they can be reached 24 hours a day.

Emergency Contact Person/Phone: ___________________________________________________

Document Description Page 13

Emergency Contact Person/Phone: ___________________________________________________

Failure to be reached by District personnel may result in the immediate cancellation of the Master Agreement.

The vendor shall notify the District immediately of any changes to the emergency contacts and/or numbers.

In the event the vendor is unable to provide the desired number of crews as requested by KYTC, the Department reserved the right to activate as many crews as deemed necessary from other sources.

Vendor may be required to provide services on a 24/7 basis until KYTC determines emergency situation no longer exists.

Clearing Crew Components For consideration of this line item, a crew shall consist of four (4) laborers with one of the four being designated as crew supervisor. The minimum units of tools and equipment shall consist of two (2) chainsaws, one (1) pole saw, one (1) vehicle for transportation, and one (1) skid steer loader, backhoe, four-wheel articulated loader, or any type of equipment to remove debris from roadway to the edge of right-of-way (vendor’s choice upon KYTC approval). Contractor shall supply any other items of equipment to fulfill the requirements of the tasks at vendor’s discretion and expense. Personnel utilized for traffic control are incidental to the clearing crew, and not included in the number of clearing crew members.

Maintain Traffic Control

KYTC shall determine the need for traffic control.

Vendor shall maintain and control traffic per the terms and conditions as stated in this Master Agreement. Traffic control shall be in accordance with the Manual on Uniform Traffic Control Devices (MUTCD) and per specifications outlined in the 2012 edition of the Kentucky Standard Specifications for Road and Bridge Construction. See “Maintain and Control Traffic” section in the Terms and Conditions for links to manuals for proper traffic control procedures. The Maintain and Control Traffic items of work shall be performed as incidental for work conducted under this line item. Personnel required to maintain traffic control are considered incidental to those described above in “Clearing Crew Components”.

Emergency Work - Established Pay Item – Line 11

The pay rate for this line item shall be predetermined at $60.00 per crew man-hour (for instance, a crew of four laborers with the minimum equipment would be paid a total of $240.00/hour). Vendor acknowledges this is a no-bid line item, and agrees to terms and conditions as stated.

Mobilization/Demobilization – Established Pay Item – Line 12

Upon initial notification, KYTC shall indicate the number of crews requested. The number of crews requested that exceed the number guaranteed in this contract by the vendor shall receive a $500.00 incentive if they begin work within 24 hours of notification. For instance, vendor guarantees the ability to provide ten (10) four-man crews, if KYTC requests 12 crews, the two crews over and above the 10 guaranteed would each be subject to the $500.00 incentive. Vendor shall, at time of notification, indicate the number of crews that will be provided within twenty-four (24) hours. KYTC shall procure, from other sources, the number of deficit crews not provided by the vendor. KYTC reserves the right to request vendor to provide crews in districts outside the scope of vendor’s contract upon mutual agreement by both parties.

The vendor shall mobilize the number of crews as stipulated by KYTC to the work site and begin work within 24 hours of notification.

Should the vendor fail to respond to an emergency as defined above within 24 hours of the notification they agree and further authorize the Commonwealth to assess penalties in the amount of $720.00 for each day the service is withheld or not provided.

Document Description Page 14

Failure to respond in seventy two (72) hours after notification may result in the immediate cancellation of this line item of the Master Agreement.

District Locations and Contact Person:

District One – Paducah 5501 Kentucky Dam Road Paducah, Kentucky 42003 Attention: Jerrod S. Quertermous, Technician Phone: (270) 898-2431 Email: Jerrod.Quertermous@ky.gov

Pricing information shall not be made known in any form to agency representatives during site visits. Failure to comply with this restriction shall be cause for rejection of a bid.

Section 2 - Terms and Conditions of the Contract

2.00 – Scope of the Contract

The Kentucky Transportation Cabinet Division of Purchases issues this solicitation on behalf of the Highway District 1 to award a master agreement contract for: Tree and Brush Removal D1

2.01 - Contract Components and Order of Precedence

The Commonwealth’s acceptance of the offer indicated by the issuance of an Award by the KYTC Division of Purchases shall create a valid Master Agreement consisting of the following:

1. The written Master Agreement between the Parties;

2. Any Addenda to the Solicitation;

3. Any provisions of the Solicitation and all attachments thereto;

4. The Bidder’s response to the Solicitation, and

5. The Kentucky Revised Statutes KRS 45A.

In the event of an inconsistency between provisions of the solicitation, the inconsistency shall be resolved by giving precedence in the following order: (a) the Specifications; (b) other provisions of the Solicitation, whether incorporated by reference or otherwise; (c) Contract or Master Agreement Terms and Conditions;

(d) FAP 110-10-00 – General Conditions and Instructions for Solicitations and Contracts.

2.02 - Initial Contract Period

The Master Agreement will begin upon award and extend through 5/30/2020

2.03 - Optional Renewal Period

This Master Agreement may be extended at the completion of the initial contract period for four (4) additional one-year periods. This extension must have the written approval of the vendor and the KYTC Division of Purchases. The Commonwealth of Kentucky reserves the right to renegotiate any terms and/ or conditions as may be necessary to meet requirements for the extended period. The vendor will be advised of any proposed revisions prior to the renewal periods. In the event proposed revisions cannot be agreed upon, either party shall have the right to withdraw without prejudice from either exercising the option or continuing the contract in an extended period.

2.04 - Divisions/Agencies to Be Served

Document Description Page 15 mailto:Jerrod.Quertermous@ky.gov

This contract shall be for use by the following Divisions/Agencies of the Kentucky Transportation Cabinet:

Division of Maintenance and Highway District 1

No shipments or services are authorized until an official Delivery Order has been fully processed by an authorized agency.

2.05 - Quantity Basis of Contract

Any and all quantities mentioned in this solicitation are purely estimates, and are not to be implied nor inferred as being guarantees. The State is obligated to buy only that quantity needed by its agencies during the term of the contract. Requirements may exceed the quantities shown and the contractor will be required to furnish all requirements shown on Delivery Orders dated during the life of the contract.

2.06 - Exception to Required Use of Contract

The establishment of this Master Agreement is not intended to preclude the use of similar products when requested by the agency. The Commonwealth of Kentucky reserves the right to acquire large requirements through other competitive processes.

2.07 - Basis of Price Revisions

PRICE ADJUSTMENTS: Unless otherwise specified, the prices established by the Master Agreement shall be firm for the contract period subject to the following:

A. Price Increases: A price increase will not be allowed during the first twelve (12) months of the contract. Only one price increase will be allowed during the contract period. The price increase must be based on industry wide price changes. The contract holder must request in writing a price increase at least thirty (30) days prior to the effective date, and shall provide firm proof that the price increase(s) is justified. The KYTC Division of Purchases may request additional information or justification. If the price increase is denied, the contract holder may withdraw from the contract without prejudice upon written notice and approval by the KYTC Division of Purchases. Notice of withdrawal must be provided a minimum of forty-five (45) days prior to the effective date however the vendor must continue service at the contract prices until a new contract can be established (usually within sixty (60) days).

B. Price Decreases: The contract price shall be reduced to reflect any industry wide price decreases.

The contract holder is required to furnish the KYTC Division of Purchases with notice of any price decreases as soon as such decreases are available.

C. Extended Contract Periods: If the contract provides for an optional renewal period, a price adjustment may be granted at the time the contract is renewed, subject to price increase justification as required “A. Price Increases”. One (1) additional price increase may be granted during the extended contract period. This price increase will not be allowed during the first six (6) months of the extended contract period and will be subject to the conditions in “A” above.

2.08 - Addition or Deletion of Items or Services

The KYTC Division of Purchases reserves the right to add new and similar items, with the consent of the vendor, to the contract. If an addition is agreeable to both parties, the KYTC Division of Purchases will issue a Modification. Until such time as the vendor receives a Modification, the vendor shall not accept Delivery Orders from any agency referencing such items or services.

2.09 - Changes and Modifications to the Contract

Document Description Page 16

During the period of the contract, a modification shall not be permitted in any of its conditions and specifications, unless the contractor receives electronic or written approval from the KYTC Division of Purchases. If the contractor finds at any time that existing conditions make modification in requirements necessary, the contractor shall report the matter promptly to the KYTC Division of Purchases for consideration and decision. All contract modifications shall be subject to the provisions of 200 KAR 5:311.

2.10 - Reduction in Contract Worker Hours/Employee Furlough

The Kentucky General Assembly may allow for a reduction in contract worker hours in…