Final_RFB_605_2600000568_1_SO_FORM.PDF

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Attached to
Tree and Brush Removal for District 9
Solicitation number
RFB 605 2600000568 1
Issued by
Fayette County, Kentucky

About this file

This Request for Bid (RFB) is issued by the Commonwealth of Kentucky Transportation Cabinet, Division of Purchases, on behalf of the Division of Highways to award a master agreement contract for tree and brush removal services in District 9 (Flemingsburg District). The solicitation seeks a contractor to provide comprehensive tree and limb removal, including ten distinct line items: limb removal (40 crew hours), small tree removal 0-4 inches diameter (40 crew hours), and tree removal across six diameter categories ranging from 5-12 inches through 61+ inches (quantities varying from 15 to 65 trees per category), plus stump grinding for stumps up to 20 inches diameter and exceeding 20 inches diameter (100 each). The solicitation was issued May 1, 2026, with a closing date of May 19, 2026, at 1:30 p.m. Eastern Time. Written questions must be submitted by May 6, 2026, with responses provided by May 11, 2026. The tentative award date is June 1, 2026. The initial contract period runs from June 1, 2026, through May 31, 2027, with four optional one-year renewal periods available. Bidders must be prequalified by the Department with a Certificate of Eligibility for work items I-36 (Right of Way Tree Trimming and Brush Removal) and I-37 (Traffic Control), and possess a minimum of 36 months' experience in right-of-way tree removal. The vendor must guarantee the ability to provide a specified number of complete crews (consisting of four individuals: three laborers/equipment operators and one supervisor) and must commence work within the number of days proposed in the bid, with emergency work requiring a 24-hour response time.

Award will be made on a best value basis using two criteria: price (95 points, with the lowest bidder receiving maximum points) and response time (5 points, with the best response time receiving maximum points). Vendors must bid all line items to be considered responsive and submit bids exclusively through the Kentucky Vendor Self Service eProcurement system; hard copies and emailed bids are not accepted. Pricing is firm for the first 12 months, with price increases permitted only after submission of written justification based on industry-wide price changes. The contractor must maintain commercial general liability insurance of $1,000,000 per occurrence and $2,000,000 aggregate, automobile liability insurance of $1,000,000 per occurrence if applicable, and Kentucky workers' compensation insurance. A Category 6 Pesticide Applicators License is required prior to contract award for employees performing herbicide applications on designated stumps. The contractor is responsible for all traffic control operations in accordance with the Manual on Uniform Traffic Control Devices and Kentucky Standard Drawings, with traffic control work performed incidentally to tree removal. Performance penalties include $500 for each occurrence of non-conforming work and $250 for each failure to remove debris requiring work shutdown; failure to respond to emergency notifications within 24 hours may result in contract cancellation and assessment of $720 per day penalties. The solicitation includes standard Commonwealth requirements regarding equal employment opportunity, non-discrimination, Kentucky sales and use tax exemption, records retention for three years post-final payment, and compliance with various Kentucky Revised Statutes and regulations.

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Document ID: RFB 605 2600000568 Page: 1

Commonwealth of Kentucky

SOLICITATION

Modification: No Version #:

TITLE: Tree and Brush Removal for District 9

Date Issued:

05/01/2026 Record Date:

05/01/2026

Solicitation Closes Date:

05/19/2026 Time:

13:30

Solicitation No:

RFB 605 2600000568

Online Bidding Prohibited: No

For Information Call:

Tiffany Kiser 502-782-3974

Bid Receiving Location:

Bid Receiving

See Terms & Conditions for Bid Submission Instructions

Other KY

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.

Document ID: RFB 605 2600000568 Page: 2

Line Items

Commodity Group: Default Commodity Group

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

1 Limb Removal 40.00000 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. Bidder must submit a bid for all line items for bid to be considered responsive.

***ONLY ONLINE BIDS WILL BE ACCEPTED FOR THIS RFB.*** Emailed and hard copies delivered by any method WILL NOT BE ACCEPTED.

See attached document How to Respond to an Online Bid through the Kentucky Vendor Self Service site (updated).pdf.

Please enter contact person, phone number and email in the Comments Section.

Vendors should review and update, if necessary, all addresses and contact persons for their account prior to bid submission. This information will carry forward to a contract if awarded, therefore please ensure all information is correct.

2 Tree Removal (0-4 inch diameter) 40.00000 HOUR

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. Bidder must submit bid for all line items to be considered responsive.

Document ID: RFB 605 2600000568 Page: 3

3 Tree Removal (5-12 inch diameter) 30.00000 EACH

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. Perform necessary Maintain and Control Traffic work items as outlined in the Terms and Conditions. Bidder must submit bid for all line items to be considered responsive.

4 Tree Removal (13-20 inch diameter) 30.00000 EACH

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. Perform necessary Maintain and Control Traffic work items as outlined in the Terms and Conditions. Bidder must submit bid for all line items for bid to be considered responsive.

5 Tree Removal (21-30 inch diameter) 65.00000 EACH

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

Document ID: RFB 605 2600000568 Page: 4 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. Bidder must submit bid for all line items to be considered responsive.

6 Tree Removal (31-40 inch diameter) 30.00000 EACH

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. Perform necessary Maintain and Control Traffic work items as outlined in the Terms and Conditions. Bidder must submit bid for all line items for bid to be considered responsive.

7 Tree Removal (41-60 inch diameter) 25.00000 EACH

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. Perform necessary Maintain and Control Traffic work items as outlined in the Terms and Conditions. Bidder must submit bid for all line items for bid to be considered responsive.

Document ID: RFB 605 2600000568 Page: 5

8 Tree Removal (61 inch diameter and above) 15.00000 EACH

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. Perform necessary Maintain and Control Traffic work items as outlined in the Terms and Conditions. Bidder must submit bid for all line items for bid to be considered responsive.

9 Stump Grinding (Stump diameter 20 inches or less)

100.00000 EACH

Stump Grinding - (stump diameter of 20 inches or less) Description: 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 otherwise 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. Bidder must submit bid for all line items for bid to be considered responsive.

10 Stump Grinding (Stump diameter greater then 20 inches)

100.00000 EACH

Stump Grinding - (stump diameter greater than 20 inches) Description: 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 otherwise 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. Bidder must submit bid for all line items for bid to be considered responsive.

Shipping Information Various Shipping

See Extended Description

Billing Information KYTC District 9 - Flemingsburg District Office

822 Elizaville Rd

Document ID: RFB 605 2600000568 Page: 6

Various KY

PO Box 347 Flemingsburg KY 41041

Document ID: RFB 605 2600000568 Page: 7

Submission Checklist

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

Item Bidder with best price receives the maximum points.

Bidder with best response time receives the maximum score.

ELECTRONIC BID SUBMISSION

Bid responses shall be received by electronic submission in the eProcurement system.

Link: https://vss.ky.gov

An electronic bid shall be authorized by the proper agent of the firm by the act of submitting it electronically through the eProcurement system.

Bid information MUST be completed online. Response must contain all required information for the Solicitation.

All bidders MUST be registered in the Commonwealth eProcurement System via the Vendor Self Service System at https://vss.ky.gov

Allow 24 – 48 hours to complete Vendor Registration. Vendors must be logged in to their Vendor Self Service (VSS) account in order to submit a response. Registrations completed the day of bid closing must be completed by the Vendor in the VSS portal. The Customer Resource Center is not able to complete registrations and activate accounts on the same day. Closing dates will not be extended for Vendors not registered by the date/time of the bid closing. Vendor Self Registration Guides are provided at https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx

All bidders are cautioned to begin their electronic submission in sufficient time to complete before the closing date and time. Delays due to technical difficulties or document upload impediments shall not be justification for acceptance of a late bid or proposal. Vendor attention to this advisory is encouraged. If you need assistance, please contact the Customer Resource Center (CRC) by email at Finance.CRCGroup@ky.gov or phone 502-564-9641 or toll-free 877-973-HELP (4357).

BID PRICES SUBMITTED ON COMPANY QUOTE FORMS ARE DISCOURAGED. COMPANY TERMS AND

CONDITIONS AND/OR SALES AND USE AGREEMENTS OFTEN CONFLICT WITH STANDARD SOLICITATION

REQUIREMENTS AND MAY RESULT IN REJECTION OF BID OFFER.

Online bid responses must be in an “Accepted” status and shall be assigned a date and time stamp from the eProcurement system at the time of final acceptance and formal submission by the vendor. The system will not allow submission of an online response after the published date and time for closing.

An offer may be modified or withdrawn by electronic or written notice ONLY if received prior to the bid closing date and time. An electronic offer may be modified by applying the appropriate electronic signature and following the procedure in the state’s eProcurement signature.

PUBLIC BID READINGS

Any person wishing to hear a bid reading may call the conference line at 866-830-9434, Participant Code 21327950, at 3:00 pm, Eastern Time on the bid closing date.

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.

_____ BID INFORMATION – COMPLETED (See Section 5.00)

All other items MUST be submitted prior to award however, vendors are strongly encouraged to include with bid submission.

Document Phase Document Description Page 8

2600000568 Final Tree and Brush Removal for District 9 Total Pages: 39 https://vss.ky.gov https://vss.ky.gov https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx mailto:Finance.CRCGroup@ky.gov

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

ENTITY (See Section 2.26)

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

_____ CERTIFICATE OF INSURANCE (See Section 1.02)

_____CATEGORY 6 PESTICIDE LICENSE (See Section 1.04)

_____ OTHER REQUIRED DOCUMENTS

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.

Vendors should review and comply with the general bidding requirements listed under “Procurement Laws, Preference, Regulations and Policies” and “Response to Solicitation” located on the eProcurement Web page at https://finance.ky.gov/eProcurement/Pages/procurement-laws-regulations-and-policies.aspx and https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx respectively. The vendor must comply with all applicable statutes, regulations and policies related to this procurement.

Section 1 - Scope of Work - Service

1.00 - Specifications of Service Requirements

Master Agreement for the Removal of Trees, Brush, and Limbs from the rights-of-ways of the Department of Highways 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 1% per calendar day for each day beyond the required time that no work is performed.

Document Phase Document Description Page 9

2600000568 Final Tree and Brush Removal for District 9 Total Pages: 39 https://finance.ky.gov/eProcurement/Pages/procurement-laws-regulations-and-policies.aspx https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx

1.01 - 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 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 shall be for the work item I-36 (Right of Way Tree Trimming and Brush Removal) and I-37 (Traffic Control). Contrary to Section 102.02 of the manual, Division of Purchases will not consider a contractor’s capacity rating with regard to award of a Master Agreement.

This Certificates 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.

Vendors must remain on the prequalification list throughout the life of the contract. Prequalification will be verified prior to renewal.

Certification Requirements:

To meet the prequalification for I-37 Traffic Control, vendors shall provide the information below for one (1) employee to Construction Procurement.

Work Zone Traffic Control Supervisor Short Duration Mobile Work Zone Training (NEW)

After award of contract, vendors shall provide a copy of the certificates below to District personnel at the pre-work meeting. Each crew must have one person with these certificates. Work Zone Traffic Control Technician Short Duration Mobile Work Zone Training (NEW) All specified certification requirements shall be maintained through the duration of the contract. The certification shall be provided upon renewal. If the certified employee leaves the company, it is the vendor’s responsibility to provide a replacement certificate.

KYTC recognizes certification from the following certifying agencies:

American Traffic Safety Services Association – (Traffic Control Supervisor & Technician) http://www.atssa.com

Kentucky Laborers’ Joint Apprenticeship & Training Trust Fund – (Traffic Control Supervisor & Technician) http:// www.kltf.org/

University of Kentucky, Kentucky Transportation Center (Work Zone Traffic Control Supervisor & Technician) (Short Duration Mobile Work Zone Training) http://www.kyt2.com/

International Municipal Signal Association

(Work Zone Temporary Traffic Control Technician) http://www.IMSAsafety.org

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

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.

Contractor shall begin work on the project at the designated location within the number of days proposed in the Solicitation and incorporated into the resulting Master Agreement. 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.

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

Document Phase Document Description Page 10

2600000568 Final Tree and Brush Removal for District 9 Total Pages: 39 http://www.atssa.com http://www.kltf.org/ http://www.kltf.org/ http://www.kyt2.com/ http://www.IMSAsafety.org

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.

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.

1.02– Insurance Requirements

A. Required Coverage The awarded vendor(s) shall be responsible for maintaining, and not reducing, the following insurance coverages, types, and limits of liability. Further awarded vendor shall be able to produce evidence of insurance in compliance with (C) through the entire contract:

Commercial General Liability Insurance in accordance with minimum limits of liability of $1,000,000.00 per occurrence, $2,000,000.00 aggregate. The Commonwealth, in the Request for Solicitation, may require higher limits depending on the type of solicitation.

B. Additional Types of Insurance

1. Automobile Liability Insurance (If Applicable) Automobile Liability Insurance is required for delivery, onsite training, services or events in all situations where the Contractor must drive to any property where Commonwealth operations occur. With regard to delivery, if the items requested in this solicitation will be delivered by the awarded Contractor or Subcontractor, proof of Automobile Liability Insurance must be provided prior to award. If items will be delivered by common courier (USPS, FedEx, UPS, Old Dominion Freight Line, etc.), this requirement does not apply.

The Contractor or Subcontractor must provide a certificate of insurance coverage for any vehicle used in performance of this contract, whether owned, non-owned, or hired, or other vehicles utilized by the Contractor or Subcontractor.

Said policy of insurance to have a minimum coverage limit of $1,000,000.00 per occurrence combined single limit for bodily injury, including death, and property damage.

This requirement does not apply if the Contractor does not own, lease, or hire any automobiles to be used in connection with performance under any Contract resulting from this Solicitation.

2. Kentucky Workers Compensation Insurance (if applicable)

The coverage must comply with KRS 45A.480 and KRS Chapter 342.

C. Evidence of Insurance Coverage

The successful bidder shall provide evidence of insurance coverage as required. Failure to do so shall constitute a material breach of this Contract and may result in immediate cancellation of the Contract.

For all required insurance coverages, during the course of the Contract, the awarded vendor shall not be self-insured or utilize a Captive Insurer or a fronting policy that shifts risk back to the awarded vendor without prior written approval by the Office of the Controller of the Commonwealth.

Further, the awarded vendor shall not utilize an insurer or similar entity not in good standing with the Insurance Commissioner to fulfill the insurance requirements of the contract without prior written approval by the Office of the Controller of the Commonwealth.

Such approvals may require additional financial review, proof of funds, or bonding requirements sufficient for the risk associated with the services covered by the Contract, and approval or rejection is within the sole discretion of the Commonwealth’s Office of the Controller.

Contractor shall furnish the Certificate of Insurance prior to award and shall, upon request of the Commonwealth at any time during the contract term, provide a current, valid Certificate of Insurance.

Document Phase Document Description Page 11

Contractor and/or its insurer shall provide immediate notice of nonrenewal or cancellation of coverage during the course of the Contract.

All Certificates of Insurance must be signed by an authorized representative of the insurance agency, 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. 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. A list of authorized companies can be found at https://insurance.ky.gov/ppc/ Company/Default.aspx.

A Certificate of Insurance (COI) on an ACORD form shall include the following:

# The certificate holder shall be listed as:

Kentucky Transportation Cabinet Division of Purchases

200 Mero Street, 4th Floor Frankfort, Kentucky 40622

# Endorsement of Additional Insured. Certificate of Insurance must contain the following language in the Description of Operations box:

“The Commonwealth and its agents are Additional Insureds for the contract resulting from the solicitation. Additional insured protection afforded is on a primary and non-contributory basis.”

A copy of the Endorsement of Additional Insured must be submitted with the Certificate of Insurance.

# The contract number in the Description of Operations box.

D. Subcontractors

If the contract allows for Subcontractors and utilizes Subcontractors, prior to the commencement of any work by a Subcontractor.

# The primary Contractor’s Certificate of Insurance must identify coverage that meets or exceeds the insurance requirements defined in this contract and that covers Subcontractor and its work in support of the Contract or the Subcontractor must submit and maintain a Certificate of Insurance that also meets or exceeds the insurance requirements of the Primary Contractor defined in this contract, with an Additional Insured Endorsement.

# KYTC reserves the right to request copies of all Subcontractor’s Certificate(s) of Insurance at any time.

1.03 - Terms and Conditions

Vendor may be asked to provide evidence of being 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.

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

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2600000568 Final Tree and Brush Removal for District 9 Total Pages: 39 http://www.ambest.com https://insurance.ky.gov/ppc/Company/Default.aspx https://insurance.ky.gov/ppc/Company/Default.aspx 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.

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.

1.04 - Stump Treatment

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):

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Garlon 4 Ultra: (Triclopyr):

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

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

Total: 100.00%

Manufacturer: Corteva AgroScience

EPA Reg. No: 62719-40

Stalker: isopropylamine salt of imazapyr:

(2(4,5- dihydro-4-methyl-4-(1-methylethyl-5-oxo-1H-imidazol-2-y)-3-pyridinecarboxylic acid) ……………………………………………….……..27.7%

Inert ingredients ………………………………………………….………..….72.3%

Total: 100.0%

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

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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.

1.05 - 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

A link to the Standard Drawings can be found at:

2025 Standard Drawings Bridges | KYTC

A link to the Standard Specifications can be found at:

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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.

1.05 - SPECIAL PROVISIONS FOR 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.

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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: ___________________________________________________

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.

Established Pay Items

Line 11 - Crew Incentive

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.

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

Line 12 - Hourly Pay for Clearing Crew

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.

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 for Emergency Work

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”.

1.06 - District Location and Contact Person:

Kentucky Department of Highways, District Nine P.O. Box 347 822 Elizaville Ave Flemingsburg, KY 41041 Attention: Kristie Gifford, Roadside Environment District Administrator (REDA) Office: (606) 845-2551 Email: Kristie.Gifford@ky.gov

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