Herbicide Services Drainage Ditches and Sewer Outfalls IFB.pdf

City of Huntsville, Alabama Finance Department

Procurement Services Division

Invitation For Bids for Herbicide Services – Drainage Ditches & Sewer Outfalls

Invitation for Bid#: 74-2025-52

Issue Date: August 4, 2025

Bid Bond Requirements: Yes, a bond is required

Performance Bond Requirements: Yes, a bond is required under certain circumstances

Labor & Materials Payment Bond Requirements: Yes, a bond is required under certain circumstances

Certificate of Insurance Requirements: Yes, a certificate is required

Deadline for Questions:

August 21, 2025 @ 2:00 PM CST All questions must be submitted in writing to Erin.Motes@huntsvilleal.gov

IFB Closing Date and Time: August 28, 2025 @ 2:00 PM CST

Procurement Services Contact:

Erin Motes Erin.Motes@huntsvilleal.gov 256-427-5056

City Internet Site: https://www.bidnetdirect.com/alabama/cityofhuntsville

IFB E-Documents: Sewer ROW Maps.pdf Blue Line Channel Maps 2025.pdf

Bid Copies to be Submitted: 1 Original

City File Reference: Herbicide Services – Drainage Ditches & Sewer Outfalls 2025 https://www.bidnetdirect.com/alabama/cityofhuntsville

Periodic Bid for

Herbicide Services - Drainage Ditches & Sewer Outfalls Table of Contents

Section Title Nbr. of Pages

Advertisement for Bids – Notice to Contractors 4

Appendix A Scope of Work & Related Information 2

Appendix B Bid Proposal and Pricing Form 2

Appendix C Bidder Pricing Form – Bid Quantities 1

Appendix D Bidder Information & Acknowledgments 2

Appendix E Report of Ownership Form 1

Attachment A General Terms and Conditions 4

Attachment B Bonds and Insurance Requirements

Attachment C Mailing Labels

ADVERTISEMENT FOR BIDS – NOTICE TO CONTRACTORS

BID # 74-2025-52

BID OPENING DATE: August 28, 2025 at 2:00:00PM local time DEADLINE FOR QUESTIONS: August 21, 2025 at 2:00PM local time

The City of Huntsville will receive sealed bids, priced on a firm fixed price basis (stipulated sum), to provide all necessary equipment, materials, labor and supervision necessary, as outlined in the Plans, Specifications, and Bid Manual for the Herbicide Services – Drainage Ditches and Sewer Outfalls

PROJECT ADDRESS Various Locations throughout the City

LEAD DEPARTMENT Heather Spier @ 256-564-8042

PROCUREMENT SERVICES Erin Motes – Erin.Motes@huntsvilleal.gov – 256-427-5056

305 Fountain Circle, 3rd Floor, Huntsville, AL 35801 (physical address) P. O. Box 308, Huntsville, AL 35804 (mailing address)

DECRIPTION OF PROJECT: The City of Huntsville is seeking a qualified contractor(s) for the Herbicide Services – Drainage Ditches and Sewer Outfalls. The resulting contract shall include all labor, equipment, materials, tools, licensing, travel, and all other items necessary to provide preventive maintenance, services, and repairs. The minimum requirement or this contract shall be for the provision of the monthly, semi-annual, and annual preventative maintenance. Services provided under this contract is intended to be performed within the shortest possible time frame with the work beginning and ending on dates selected by the City of Huntsville for each work authorization.

Failure to comply with the times specified in the Notice to Proceed (NTP) may result in the contractor being prohibited from bidding on additional work for the City of Huntsville until such time as contractor is back on schedule.

BID OPENING: The bid opening will be held in the City Council Chambers located on the second floor of the City of Huntsville Administration Building, 305 Fountain Circle, Huntsville, Alabama.

PLANS: The contract documents, plans, and specifications will be available for inspection no later than August 6, 2025 and can be downloaded through Bidnet Direct at https://www.bidnetdirect.com/alabama/cityofhuntsville .

Bidders will be responsible for costs of duplicating their own plans and can choose photocopying facility of their choice. Additionally, Bidders are responsible for registering with Bidnet Direct and monitoring it for any revisions/updates. Contractor is required to submit pricing, provided by the COH (Appendix B - Bid Proposal and Pricing Form”) and made available for download from Bidnet Direct. Bid must be submitted from the file provided and downloaded from Bidnet Direct. Failure to do so may cause for rejection of bid. The City reserves the right to reject any altered bid resulting from altering the file in any manner. All bids must be SEALED before submittal at the bid opening. Any bids received that are not sealed will be immediately rejected.

INTERPRETATIONS: Any bidder finding discrepancies in or omissions from documents or in doubt as to their meaning should immediately notify the Procurement Services Division. If necessary, written additional instructions or clarifications will be sent to all plan holders in the form of addenda issued by the City of Huntsville. The City of Huntsville will not be responsible for oral instructions.

RECEIVING BIDS: All bids shall be submitted to the City of Huntsville, Procurement Services, no later than the time to be determined on the above referenced bid date at which time the bids will be publicly opened and read aloud in the City Council Chambers of the Municipal Building located at 305 Fountain Circle. All bids received prior to the time of bid opening shall be kept secure and unopened. Late bids will not be accepted. All bids shall be submitted on the bid forms prepared and furnished by the City of Huntsville in a sealed envelope addressed to the City’s Procurement Services Division.

After proposals are opened and read, they will be compared based on the base bid price as detailed on Appendix B – Bid Proposal & Pricing Form. In the event of a discrepancy between base bid and the summation of the unit bid prices and extensions, the unit bid price shall govern. A proposal will not be considered unless signed by the bidder or this authorized agent and accompanied by cashier's check or properly signed bid bond, as required by law.

In determining the successful bidder, the Owner will consider in addition to the bid prices, such responsibility factors as characteristics and responsibility, skill, experience, record of integrity in business, and of performance offered and past record of performance on Owner contracts on other similar projects. Any other factors not specifically mentioned or provided for herein, in addition to that of the bid price which would affect the final cost of the Owner, will be taken into consideration in making award of contract. The right is reserved to reject any bid where investigation of the business and technical organization of the bidder available for the contemplated work, including financial resources, equipment, and experience on similar projects does not satisfy the Owner that such a bidder is qualified to perform the work. The City Council of the City of Huntsville reserves the right to reject any and all bids and to waive informalities.

BID WITHDRAWAL: No bid may be withdrawn after the scheduled closing time for receipt of bids for a period of ninety (90) days without consent of the City of Huntsville.

REJECTION OF BIDS: The City of Huntsville reserves the right to reject any or all bids and to waive informalities.

BID BOND: A Bid Bond payable to the City of Huntsville, in an amount not less than five (5%) percent of the amount of the bid, but in no event more than $10,000 must accompany the bid response. The bid bond/deposit shall be in the form of a cashier’s check drawn on an Alabama bank or an original bid bond executed by a surety company duly authorized and qualified to make such bonds in the State of Alabama, payable to the City of Huntsville.

PERFORMANCE BOND: A Performance Bond (Surety Bond) shall be required for each City-issued Purchase Order in an amount equal to or in excess of $100,000. The successful bidder to whom the contract is awarded shall furnish at his expense an acceptable bond to the City of Huntsville, in the amount equal to one hundred (100%) percent of the purchase order amount within fifteen (15) days of the purchase order issuance date and prior to the commencement of any work authorized by the purchase order. Bond shall be countersigned by the authorized agent resident in the state and shall attach thereto power of attorney of signing official. The date of the bond shall not be earlier than the purchase order issuance date.

LABOR AND MATERIALS BOND: A Payment of Labor, Materials, Foodstuffs and Supplies Bond (Surety Bond) shall be required for each City-issued Purchase Order in an amount equal to or in excess of $100,000. The successful bidder shall furnish at his expense an acceptable bond to the City of Huntsville , in the amount not less than fifty (50%) percent of the purchase order amount, with the obligation that the Contractor shall promptly make payment to all persons furnishing him or them with labor, materials, foodstuffs, or supplies for, or in, the prosecution of the work, including the payment of the reasonable attorney’s fees incurred by successful claimants or plaintiffs in suits on said bond. The bond shall be provided within fifteen (15) days of the purchase order issuance date and prior to the commencement of any work authorized by the purchase order. The date of the bond shall not be earlier than the purchase order issuance date.

ALTERNATES: If alternates are requested, the City of Huntsville reserves the right to award only the basic effort without any of the alternates or may award the basic effort along with one or more of the alternates.

INSURANCE: Insurance requirements for this project are included in the contract documents.

DOMESTIC PREFERENCES: In the performance of this contract, the contractor shall comply with Ala. Code (1975) §§ 39-3-1 through 39-3-5 in supplying steel, materials, supplies, other products, and labor. Failure to comply with these requirements shall subject the contractor to the penalties set forth in the sections of the Alabama Code set forth above.

AMERICANS WITH DISABILITIES ACT: The contractor must comply fully with the Americans with Disabilities Act and indemnify and hold harmless the City of Huntsville from all cost, including but not limited to damages as well as attorney's fees and staff time, in any action or proceedings brought alleging a violation of the Americans with Disabilities Act. The City of Huntsville is an "Equal Opportunity" entity and encourages all

Contractors to utilize the services provided by minority, disadvantaged and/or women-owned businesses whenever possible.

NON-RESIDENT CONTRACTOR: In awarding the Contract, preference will be given to Alabama resident contractors and a nonresident bidder domiciled in a state having laws granting preference to local contractors shall be awarded the Contract only on the same basis as the nonresident bidder's state awards contracts to Alabama contractors bidding under similar circumstances.

SALES AND USE TAX: General Contractors are responsible for paying all applicable taxes on materials used for this job.

E-VERIFY: The City has adopted an ordinance that requires certain contractors of the City to comply with certain requirements regarding the hire of unauthorized aliens under federal law. Contractor must complete and submit the Contractor E-Verify Certification prior to Award Notification upon request of the City and comply with the requirements described therein.

IRON OR STEEL PRODUCTS: This project is subject to Alabama Department of Transportation Alabama Standards Specifications, 2022 Editions, Section 600, Subitem 106.01(a)2a:

(a) Any contractor for a public works project, financed entirely by the State of Alabama or any political subdivision thereof, within this state, shall use iron or steel produced within the United States when specifications in the construction contract require the use of iron or steel and do not limit its supply to a sole source under subsection (f) of Section 39-2-2. If the awarding authority decides that the procurement of domestic iron or steel products becomes impractical as a result of a national emergency, national strike or other cause, the awarding authority shall waive the above restriction. (b) In the event the contractor violates the domestic iron or steel requirements of subsection (a), and domestic iron or steel is not used, there shall be a downward adjustment in the contract price equal to any realized savings or benefits to the contractor.

APPENDIX A

SCOPE OF WORK & RELATED INFORMATION

CITY OBJECTIVES AND DESCRIPTION OF PROJECT

The City of Huntsville is seeking a qualified contractor(s) for the Herbicide Services – Drainage Ditches and Sewer Outfalls. The resulting contract shall include all labor, equipment, materials, tools, licensing, travel, and all other items necessary to provide preventive maintenance, services, and repairs. The minimum requirement or this contract shall be for the provision of the monthly, semi-annual, and annual preventative maintenance. Services provided under this contract is intended to be performed within the shortest possible time frame with the work beginning and ending on dates selected by the City of Huntsville for each work authorization. Failure to comply with the times specified in the Notice to Proceed (NTP) may result in the contractor being prohibited from bidding on additional work for the City of Huntsville until such time as contractor is back on schedule.

AWARD & CONTRACT TERM

Awards shall be made to the lowest responsive and responsible bidder(s). The term of the contract shall be for a period of one (1) year from the date of award, with services provided on an as-needed basis. The City of Huntsville reserves the right to extend the contract time for up to two (2) additional one (1) year terms.

It is the intent of the City of Huntsville to award this contract to one (1) or more contractors as deemed in the best interest of the City and contractors’ ability to perform the required services.

Any questions pertaining to the attached specifications should be directed in writing to Erin Motes at Erin.Motes@huntsvilleal.gov.

SPECIFIC REQUIREMENTS

In accordance with §39-2-8 of Code of Alabama (1975), as amended, a Performance Bond (Surety Bond) shall be required for each City-issued Purchase Order in an amount equal to or in excess of $100,000. The successful bidder to whom the contract is awarded shall furnish at his expense an acceptable bond to the City of Huntsville, in the amount equal to one hundred (100%) percent of the purchase order amount (forms are attached in specifications) within fifteen (15) days of the purchase order issuance date and prior to the commencement of any work authorized by the purchase order. Bond shall be countersigned by the authorized agent resident in the state and shall attach thereto power of attorney of signing official. A Payment of Labor, Materials, Foodstuffs and Supplies Bond (Surety Bond) shall be required for each City-issued Purchase Order in an amount equal to or in excess of $100,000. The successful bidder shall furnish at his expense an acceptable bond to the City of Huntsville , in the amount not less than fifty (50%) percent of the purchase order amount, with the obligation that the Contractor shall promptly make payment to all persons furnishing him or them with labor, materials, foodstuffs, or supplies for, or in, the prosecution of the work, including the payment of the reasonable attorney’s fees incurred by successful claimants or plaintiffs in suits on said bond. The date of the bond shall not be earlier than the purchase order issuance date. Performance and Payment Bonds shall ONLY be required for individual projects equal to or more than $100,000 as authorized by the issuance of a Purchase Order (PO).

In accordance with §39-2-4(a) of the Code of Alabama (1975), as amended, the bidder shall provide a certified check or bid bond in the amount of not less than five percent (5%) of the total amount shown on the schedule of prices not exceeding $10,000.00 payable to the City of Huntsville, Alabama, which is to be forfeited, as liquidated damages, if, in the event that his proposal is accepted, the undersigned shall fail to execute the contract and furnish a satisfactory contract bond under the conditions and within the time specified in this proposal; otherwise, said certified check or bid bond is to be returned to the undersigned.

SPECIFIC REQUIREMENTS

1. Permits and Licenses: The Bidder must possess all necessary licenses and permits and must comply with all local codes and ordinances. Copies of such permits/licenses shall be submitted with the bid response.

2. Equipment List: An equipment list is required to be submitted with the bid response indicating all equipment that will be used to perform these services.

3. References: A minimum of three (3) references are required to be submitted with the bid response indicating jobs of similar scope and size.

LOCATIONS OF WORK

Maps are provided as separate PDF files to this bid (Blue Line Channel Maps 2025.pdf and Sewer ROW Maps 2025.pdf) that show the locations and areas to be treated for the Blue Line Channels and Sewer Outfalls.

Maps are available by request for the areas to be sprayed at the Wastewater Treatment Plants. The locations of the Wastewater Treatment Plants are as follows:

1) Spring Branch WWTP, 1800 Vermont Road, Huntsville, AL 35802

2) Aldridge Creek WWTP, 13331 South Memorial Parkway, Huntsville, AL 35803

3) Western Area WWTP, 733 Landess Circle, Madison, AL 35758

4) Big Cove WWTP, 260 Roundbar Drive, Brownsboro, AL 35741

5) Chase Area WWTP, 907 Wess Taylor Road, Ryland, AL 35767

Areas of drainage channels to receive herbicide treatment are further defined as the bottom, side, and banks to the limits of the right-of-way. In absence of a defined right–of-way, the top edge of the drainage embankment will prevail. In the event privately owned walls, fences, ornamental shrubbery or other appurtenances border drainage channels, the treatment will extend only to these appurtenances.

Ditches that exist where no cultivated fields, established lawns, etc. adjoin the canal will receive a Bermuda-release treatment on both top sides up to the limits of the right-of-way.

Where cultivated fields, established lawns, and landscaped areas adjoin the channel, right-of-way is limited to the area including the channel of the channel, and along the top bank adjacent to the side slopes. However, in no case will Contractor’s operations be permitted to encroach upon or interfere with cultivation of growing crops.

Prospective bidders are urged to make a complete inspection of the property to be treated. Failure to do so will not relieve them of any of the provisions of the scope of work.

DELIVERABLES

The Contractor will invoice the City for services on a per treatment cycle basis. The City’s payment terms are Net 30;

however, we will make every attempt to speed the process if the invoice is correct and the work is acceptable.

Original invoices shall be submitted with the IFB Number and PO Number included on the invoice to the appropriate city representative at the address provided below. Bidders must submit a sample invoice along with their bid. The following are requirements for a proper invoice:

1. Name and address of Contractor

2. Invoice date and invoice number

3. IFB Number, PO Number, Property Package Reference and date of service

4. Name, title, phone number and mailing address of person to be notified in event of a discrepancy in the invoice

5. Invoices should be forwarded to the appropriate department:

LANDSCAPE MANAGEMENT WATER POLLUTION CONTROL

City of Huntsville City of Huntsville Landscape Management Water Pollution Control P. O. Box 308 1800 Vermont Road Huntsville, Alabama 35804 Huntsville, AL 35802 Telephone: (256) 564-8030 Telephone: (256) 883-3722

OTHER REQUIREMENTS

• A Certificate of Insurance is required of the successful bidder for the term of this Contract as outlined in the attached General Terms and Conditions. A valid Certificate of Insurance must be maintained for the entire term of the contract.

• A current copy of your City of Huntsville business license will be required of the successful bidder.

• The following shall be included in your submittal:

o Bid Proposal and Pricing Form o Detailed Requirements Checklist o Bidder Information & Acknowledgments o Report of Ownership o E-Verify MOU (Memorandum of Understanding) – www.e-verify.gov o State of Alabama License (i.e. General Contractor, Electrician, Plumber, Etc.)

• One (1) original of all completed forms listed above.

http://www.e-verify.gov/

APPENDIX B

BID PROPOSAL AND PRICING FORM

The City reserves the right to make an award in whole or part to one or more Bidders whenever deemed necessary and in the best interest of the City. Per Appendix A-Scope of Work & Related Information, bids will be evaluated as a whole. All minimum quantities provided are considered to be estimates only.

Bidder must include in its Bid price all labor, supervision, materials, equipment, and tools of the trade required to meet the Contract requirements. Prices quoted shall be in U.S. Dollars, delivered prices, F.O.B. destination, exclusive of all federal or state excise, sales, and manufacturer's taxes. The City will not accept charges for transportation, handling, packaging, installation or out-of-pocket expense other than as specified in the Bid.

Prices quoted to the City shall remain firm for a minimum of ninety (90) days from the date of opening of the bid, unless so stated differently in the bid. If there are discrepancies between unit prices quoted and extensions, the unit price will prevail. The City will be protected against any increase above the price in the bid. Any bid containing an "Escalator Clause" will not be considered unless so stipulated in the Invitation for Bid. Discounts will be considered in determining the lowest responsible bidder, however, any payment term based on less than 30 days will not be considered. Discounts will be figured from the date of acceptance by the City regardless of date of delivery or invoice.

The undersigned bidder understands that when unit prices are called for, the quantities shown herein are approximate only and are subject to increase or decrease and offers to do the work whether the quantities are increased, or decreased, at the unit prices stated in the following schedule. The undersigned bidder also understands that when lump sum bids are called for, he will be required to furnish all equipment, labor, materials and other items or cost to construct a complete facility. The undersigned bidder further understands that any deletions or additions designated on the outside of the bid envelope, must indicate the particular bid item relative to the deletion or addition, even if the deletion or addition references to deduct or add to the Total Base Bid. Any bids received that are unsealed will be immediately rejected.

The undersigned bidder has carefully examined the drawings or plans, bid documents, the specifications, the general requirements, the supplement to general requirements, the general terms and conditions, this proposal, the agreement, together with any addenda thereto, and agrees to furnish and deliver all the materials, and to do and perform all the work and labor required to be furnished and delivered, done and performed in and about the improvements as described above and in accordance with certain specifications prepared and approved by the OWNER (City of Huntsville, Alabama).

In the event a project requires a work item(s) not specified herein, the successful contractor shall submit to the City of Huntsville a description of the additional work items required and the proposed additional charges for such work, which shall be reviewed by the City of Huntsville for content and costs approval. At such time that unspecified work items are discovered at the site, all work shall cease on that particular project until final approval is obtained from the City of Huntsville.

Certificates of Insurance are required naming the City as the Certificate Holder. Also, the name of the project and project number should be included on the certificate. The Certificates should reflect the insurance coverage required herein. In addition, a copy of the policy may be requested upon award. Certificates signed using digital signatures will not be accepted unless accompanied by a written statement from the insurance/surety company indicating that their electronic signature is intended as their signature. The Certificates are to be signed by a person authorized by the Insurer to bind coverage on its behalf and must indicate coverage will not be canceled or non-renewed except after thirty

(30) days prior written notice to the City at the following address: City of Huntsville, Procurement Services Division, P.O. Box 308, Huntsville, Alabama 35804.

The undersigned bidder understands that the contract for this specific periodic contract is one (1) year from the date of award, with services provided on an as-needed basis. The City of Huntsville reserves the right to extend the contract for up to two (2) additional one (1) year terms. Yearly renewals are at the discretion of the City of Huntsville and are subject to the availability of funds. Notification of yearly renewal shall be by written letter from the City of Huntsville.

Each project to be performed within this contract will require a separate work authorization and purchase order from City of Huntsville. Beginning and end dates for each project will be stated and shall be signed by contractor accepting the terms for each work authorization. Bid prices shall remain firm for the entire length of the contract. Any price increase imposed during the extended contract period shall be in exact increments of any ·increase imposed by the contractor's supplier. Written verification of any such increase must be submitted to the City of Huntsville for consideration and approval prior to any costs being incurred.

If an agreement cannot be reached concerning any such price increases, the City of Huntsville reserves the right to cancel the contract.

The City of Huntsville will direct and approve the work element and the quantities required for each project location and will compute the overall cost for each element of work and their respective quantities.

THE UNDERSIGNED BIDDER ALSO AGREES AS FOLLOWS:

All bonds must be approved by the Mayor and the Clerk of the City of Huntsville. Within fifteen (15) days of the purchase order issuance date, the contractor shall execute the contract and furnish to the OWNER a payment (labor and material) bond and a performance bond. No contract extension will be allowed for delays in the issuance of the notice to proceed that are a result of the contractor failing to submit the required items within the 15 days.

It is further understood and agreed that the Contractor shall commence upon issuance of a purchase order, unless otherwise instructed in writing by the OWNER. All work shall be carried on continuously to completion.

Accompanying this proposal is a certified check or bid bond in the amount of not less than five percent (5%) of the total amount shown on the schedule of prices not exceeding $10,000.00 payable to the City of Huntsville, Alabama, which is to be forfeited, as liquidated damages, if, in the event that his proposal is accepted, the undersigned shall fail to execute the contract and furnish a satisfactory contract bond under the conditions and within the time specified in this proposal; otherwise, said certified check or bid bond is to be returned to the undersigned.

Bidder shall acknowledge receipt of all addenda in the space provided on the Bidder Pricing Form below. Failure to acknowledge receipt of addenda shall not relieve Bidder of full responsibility for all requirements contained in addenda.

We acknowledge receipt of the following addenda:

Total Base Bid (Based on total of Lump Sums for IA, IIA, and IIIA) $

AREA/SERVICE DESCRIPTION

UNIT/PER

TREATEMENT

PRICE

ESTIMATED

SERVICE

APPLICATIONS

ESTIMATED

TOTAL

I. DRAINAGE DITCHES

A. Lump Sum Base Bid Per Treatment Cycle 2 times per year

B. Unit Price Per Acre for Additions/Deletions N/A

II. SEWER OUTFALLS (Estimated Quantity - 271,500 Linear Feet)

A. Lump Sum Base Bid Per Treatment Cycle 2 times per year

B. Unit Price Per Acre for Additions/Deletions N/A

III. WASTEWATER TREATMENT PLANTS (Estimated Quantity – 115 Acres)

A. Unit Price Per Acre for Wastewater Treatment Plants N/A

Note 1: Estimations shall be used for evaluation purposes only to aid in determining the lowest responsible bidder.

Actual amounts will be subject to purchase orders issued.

N/A

N/A

N/A

This Price Bid Form is hereby submitted by the undersigned. I affirm that I understand and agrees that any form of electronic signature, including but not limited to signatures via facsimile, scanning, or electronic mail, may substitute for the original signature and shall have the same legal effect as the original signature.

Signature of the Proposer Legal Name of Firm

Print or Type Name of Proposer Mailing Address

Date City, State, Zip Code

Email Address

APPENDIX C

DETAILED REQUIREMENTS

Line Ref

# SECTION I - SPECIFIC FUNCTIONAL REQUIREMENTS

Yes No

PERMITS AND LICENSES: Contractor must possess all necessary licenses listed.

1 Alabama Department of Agriculture and Industries Professional Services Permit (Required by Ala. Code §2-27-2, et seq. (1975).

2 Alabama General Permit #ALG87 3 Commercial Pesticide Applicator License for each supervisor.

4 Commercial Pesticide Applicator Certification for Rights-of-Way (ROW) and Aquatic for each applicator.

5 City of Huntsville Business License (Not required to submit a bid but must be obtained upon contract award).

The State of Alabama must certify each person actually spraying as a Commercial pesticide applicator for custom handgun foliar treatment application and be a certified applicator licensed by the Alabama Department of Agriculture and Plant Industries in the Rights-of-Way and Aquatic Categories (No Exceptions).

Contractor must possess an Alabama General Contractor’s License with Right of Way (ROW) Maintenance Specialty. Bidder must notate the Alabama General Contractor’s License on the outside of the bid package/envelope and attach a copy of the Alabama General Contractor’s License to their bid response.

8 Submit as an attachment the names of two (2) licensed supervisors with a minimum of five (5) years’ experience.

Submit as an attachment the names of four (4) certified applicators with a minimum of three (3) years’ experience in the Right-Of-Way and Aquatic categories who are bona fide employees of the Contractor. Contractor to furnish a listing with names, addresses and telephone numbers along with photocopies of each person’s employee ID card issued by the State and their Certified Commercial Pesticide Applicator Certificate.

SCHEDULING OF WORK: DRAINAGE CHANNELS

First Treatment: Must begin within three (3) days of Notice to Proceed. The first complete treatment must be completed within thirty (30) days from the date of Notice to Proceed. It is desirable that this application be done in May. Early July will be acceptable in the first year.

Second Treatment: Approximately twelve (12) weeks after the first treatment.

The second treatment must begin within three (3) days of Notice to Proceed. The second complete treatment must be completed within thirty (30) days from the date of Notice to Proceed. It is desirable that this application be done in August. Late September will be acceptable in the first year.

12 Follow-Up Treatments: As required by the City within thirty (30) calendar days following completion of first and second treatments.

The Contractor will submit a work schedule including a detailed explanation of what and when the areas will be treated for the City of Huntsville’s review. In the event of disagreement, the schedule of the City of Huntsville will be adhered to by the contractor.

14 An update of the schedule will be given to departmental representative on a weekly basis.

Line Ref

SECTION I - SPECIFIC FUNCTIONAL REQUIREMENTS

(Cont’d.)

Yes No

SCHEDULING OF WORK: SEWER OUTFALLS & WASTEWATER

TREATMENT PLANTS

First Treatment: Must begin within three (3) days of Notice to Proceed and must be completed within thirty (30) days. It is desirable that this application be done in June or July.

16 Follow-Up Treatments: As required by the City within thirty (30) calendar days following completion of first treatment.

The Contractor will submit a work schedule including a detailed explanation of what and when the areas will be treated for the City of Huntsville’s review. In the event of disagreement, the schedule of the City will be adhered to by the Contractor.

18 An update of the schedule will be given to departmental representative on a weekly basis.

Line Ref # SECTION II – DETAILED REQUIREMENTS Compliant?

Yes No

Contractor must maintain a competent and coherent staff with modern communications (cell phone and/or pagers) available to business customers and field staff. Contractor must provide a working telephone (cell phone and/or pager) number for service area calls.

20 Contractor shall provide the insurance coverage required.

Contractor shall furnish all necessary labor, supervision, equipment, materials, tools, transportation, supplies, insurance, licenses, and permits necessary to properly and legally complete the service functions of the Contract in an orderly and workmanlike manner.

Contractor shall supervise and direct the work and his employees to the best of his or her ability and be solely responsible for all techniques, procedures, coordination of services, and actions by his employees.

23 Contractor service personnel shall maintain a neat appearance in suitable clothing, with identifying company attire; i.e. T-Shirt

Contractors shall comply with State of Alabama Department of Transportation regulation concerning traffic control devices. Contractor shall provide signs, i.e.

“Herbicide Equipment Ahead”, barricades, and/or flashing lights, as necessary, for the protection of the work and the safety of the public.

The Contractor shall ensure their employees are equipped with adequate personal protective equipment while performing contract services. Such personal protective equipment shall include, but is not limited to: goggles, safety glasses, face shields, gloves, safety vests, protective masks, etc.

26 Any items of value found by the Contractor must be turned into the appropriate city representative.

27 If necessary, the Contractor may be required to discuss the products used and the method of application to members of the media.

The Contractor will be required to inspect each area prior to application for the location of any livestock along with any desirable vegetation such as gardens, landscaped lawns, crops, or tree orchids adjacent to the treated areas. Prior to an application, the Contractor will provide the City’s representative with a list of locations not to be treated, address, telephone number, and reason for not treating the particular location.

The Contractor will report any potential problems that are not designated by the prior inspection, such as erodible areas which could be worsened by the herbicide application. The Contractor will contact the City’s representative and show them the questionable area before any work is performed on that site.

Line Ref # SECTION II – DETAILED REQUIREMENTS (Cont’d.)

Yes No 30 All weeds, grass and brush will be eliminated except Bermuda grass.

Producing pecans or desirable trees located along or near the top banks of the channel are not to be treated and all efforts will be made to avoid damaging these trees.

The herbicide used in treatment of vegetation in drainage channel easements, except aquatics, will consist of a combination of herbicide products that will effectively control all vegetation, except Bermuda grass.

The Contractor will comply with all pesticide herbicide application requirements as set forth by the Alabama Department of Agriculture and Commerce, Division of Plant Industries, Federal Environmental Protective Agency requirements; and manufacturers’ instructions provided with chemicals on labels and/or in accompanying brochures. The Contractor must submit MSDS to the City of Huntsville for its records.

The products selected shall comply with the requirements set forth by the Alabama Department of Agriculture and Industries, Federal Environmental Protection Agency, and manufacturers labels.

35 MSMA herbicide will NOT be allowed for any treatment.

36 All equipment used by the Contractor for herbicide application must comply with all applicable State, Federal and OSHA Regulations.

37 A permanent amber caution light will be mounted on top of each piece of equipment that operates near public roads.

38 Equipment should be marked with the name of the Contractor for identification purposes.

Equipment must be clean and in proper working order at all times. Equipment found not to be in compliance with these specifications will be reason for the City to stop work.

Work performed by the Contractor may require transporting grounds care equipment from property to property, using truck and trailer haulers. Under no circumstances, (unless approved by the City), will contractors be allowed to park transport equipment on turf areas or mulched bed areas while servicing City properties. Contractors may park at meters, or in parking lots in designated parking spaces, on the day of their maintenance.

41 Custom handgun foliar treatment only by skilled, experienced, certified applicators should be the primary means of herbicide application.

Contractor may utilize truck-mounted spray-rigs to access the areas to be treated by means of walking, wading or swimming as is necessary while using hoses to access the work. Large 4-wheel drive and other spray equipment will be kept out of the creeks to prevent damage to the channel and/or erosion.

The Contractor will not apply any herbicide when rainfall is forecasted within four

(4) hours of time of application, during periods of rainfall or immediately following periods of rainfall while vegetation retains rainfall moisture on the surfaces of plants.

44 The Contractor will not apply any herbicide when wind speed is in excess of ten

(10) mph.

45 The Contractor must maintain a daily application log on all work performed.

The Contractor, while in the process of applying herbicides, will acquire GPS tracts of all areas being treated. These GPS tracts will be submitted to the Maintenance Data Coordinator on a weekly basis. This will include initial treatments and any and all re-treatments.

47 The Contractor will maintain daily contact with the Water Pollution Control ROW Supervisor as to the Contractor’s current work location and progress.

48 The Contractor will control his/her operation in order to avoid damage to the areas and will be responsible for any and all damages the Contractor causes.

SECTION II – DETAILED REQUIREMENTS (Cont’d.)

Yes No

The Contractor will be held liable for any damage incurred to yards, gardens, and other private properties damaged as a result of over spray. The Contractor will also be responsible for damage caused to areas not authorized by the City to be treated.

Any Bermuda grass killed or permanently damaged will be replanted by the Contractor by means of seeding and growth will be assured. Replanting will be done at no additional cost to the City.

Complaints from residents or business owners resulting from work performed under this contract will be received and recorded by the City then forwarded to the Contractor. The Contractor must contact the person or persons registering the complaint within twenty-four (24) hours and do whatever is necessary to investigate the situation and make a sound judgment as to its authenticity. If in fact, a liability situation does exist, every effort will be taken to insure that the claim is settled as expeditiously as possible. In each case, the City will be kept informed as to the disposition of complaints.

52 The Contractor must immediately notify the appropriate City representative when they realize any property damage and the intended plan to cure the situation.

No later than thirty (30) days after completion of each application a joint inspection by representatives of the Contractor and the City will be made to decide the effectiveness of herbicide treatment. Contractor will supply the City with map and/or maps showing all areas that have received treatment. In addition to these joint inspections, the Contractor will be required to conduct routine inspections during the growing season and present all findings to the City’s representative.

Any work deemed unsatisfactory by the City’s representative will be retreated at no additional cost to the City. These re-treatments will not be limited to frequency, timing and/or width. A subsequent inspection of areas which receive spot treatments will be conducted to determine effectiveness of the treatment for further treatment.

If retreatment continues to be unsuccessful, the City may require the Contractor to reimburse monies paid (based on the identified portion of unacceptable work received) and may seek associated damages.

Contractor will photograph all locations, before treatment and thirty (30) days after treatment, and provide copies of such documentation to the appropriate City representative. In addition, Contractor will supply the City a final map and/or maps indicating re-treatments and photograph locations.

The City of Huntsville believes the following products to be good choices for this work. Bidders must describe the products they are bidding and explain how they meet or exceed these products. Labels and MSDS for all products will be submitted with each bid.

The specified mixtures are to be applied at a rate per acre, determined by the Contractor, so as to control all vegetation except Bermuda grass for at least seventy (70) days.

DRAINAGE CHANNELS:

Line Ref # SECTION III – HERBICIDES Compliant?

Yes No

Drainage Channels: Monsanto’s AQUAMASTER herbicide at one-half percent (1/2%) of total solution combined with one percent (1%) of Dow Agro Science’s GARLON 3A herbicide for ditch bank application with one-half (1/2%) of Brewer International’s REBOUND surfactant, a deposition retention agent and defoaming agent or approved equal.

All Aquatic Growth or Vegetation Growing in Water: Dow Agro Science’s DMA 4 herbicide at two percent (2%) of total solution in clean water with one-half (1/2%) of Brewer International’s REBOUND surfactant, a deposition retention agent and defoaming agent for all aquatic growth or vegetation growing in the water, or approved equal.

Trees: Primary means of vegetation control in drainage channels will be foliar application. However, where trees exist that are too tall to be treated in this manner, a cut-bark treatment using Monsanto’s ROUNDUP PRO CONCENTRATE (or approved equal) according to manufacturers’ recommendation.

SEWER OUTFALLS & WASTEWATER TREATMENT PLANTS:

Line Ref # SECTION III – HERBICIDES (Cont’d.)

Compliant?

Yes No

Sewer Outfalls & Wastewater Treatment Plants: Monsanto’s ROUNDUP PRO CONCENTRATE herbicide at 19-24 ounces per acre combined with Dow Agro Science’s GARLON 3A at 32 ounces per acre or MILESTONE VM herbicide at 7 ounces per acre and Du Pont’s OUST EXTRA at 2.8 ounces per acre and/or Monsanto’s OUTRIDER 1.33 ounces per acre combined with Brewer International’s REBOUND surfactant, a deposition retention agent and defoaming agent, or approved equal.

All Aquatic Growth or Vegetation Growing in Water: Monsanto’s AQUAMASTER herbicide at two percent (2%) of total solution in clean water with one-quarter (1/4%) of Brewer International’s REBOUND surfactant, a deposition retention agent and defoaming agent for all aquatic growth or vegetation growing in the water, or approved equal.

Trees: Primary means of vegetation control in drainage channels will be foliar application. However, where trees exist that are too tall to be treated in this manner, a cut-bark treatment using Monsanto’s ROUNDUP PRO CONCENTRATE (or approved equal) according to manufacturers’ recommendation.

Line Ref # SECTION IV – Responsibilities of the Contractor

Yes No

Any estimate of $100,000 or more require the issuance of separate purchase order (PO) and cannot be performed under an established blanket PO. Projects with an estimate of $100,000 or more shall require the provision of Performance Bond and Payment Bond

APPENDIX D

BIDDER INFORMATION & ACKNOWLEDGEMENTS

1. BIDDER INFORMATION

Business Organization

Name of Proposer (exactly as it would appear on an agreement):

Doing-Business-As Name of Proposer:

Principal Office Address:

Telephone Number: _________________________________________________________

Fax Number: _________________________________________________________

Form of Business Entity [check one (“X”]

Corporation _____ Partnership _____ Individual _____ Joint Venture _____ Other (describe): _____ _________________________________________________

Corporation Statement

If a corporation, answer the following:

Date of incorporation: _________________________________________________________ Location of incorporation: _________________________________________________________ The corporation is held: Publicly ___ Privately ___

Names and titles of corporate officers:

Partnership Statement

If a partnership, answer the following:

Date of organization: _________________________________________________________ Location of organization: _________________________________________________________ The partnership is: General ___ Limited ___

Name, address, and ownership share of each general partner owning more than five percent (5%) of the partnership:

Joint Venture Statement

If a Joint Venture, answer the following:

Date of organization: _________________________________________________________ Location of organization: _________________________________________________________ JV Agreement recorded? Yes ___ No ___

Name, address of each Joint Venturer and percent of ownership of each:

2. CITY OF HUNTSVILLE EMPLOYEE, MEMBER OF HOUSEHOLD OR BUSINESS

ASSOCIATE

Code of Ala. 1975§36-25-11 requires that contracts entered into with a public official, a public employee, a member of the household of the public official or public employee, or a business with which a public official or public employee associates be filed with the Alabama Ethic Commission. If you are awarded the contract, and if you are a City employee, or if a member of your household is a City employee or public official, or if your business associates with a City employee or public official, you must comply with the provisions of Code al Ala. 1975§36-25-11.

City Employee Yes ______ No ______ If “Yes,” Department ________________________

Member of Household City Employee Yes ______ No ______ If “Yes,” Name (s) ________________________

Anyone associated with your company a City Employee Yes ______ No ______ If “Yes,” Name (s) ________________________

3. CONTRACTOR E-VERIFY – NOTICE

The Beason-Hammon Alabama Taxpayer and Citizen Protection Act, Act No. 2011-535, Code of Alabama (1975) § 31-13-1 through 31-13-30 (also known as and hereinafter referred to as “ the Alabama Immigration Act”) as amended by Act No. 2012-491 on May 16, 2012 is applicable to all competitively bid contracts with the City of Huntsville.

As a condition for the award of a contract and as a term and condition of the contract with the City of Huntsville, in accordance with § 31-13-9 (a) of the Alabama Immigration Act, as amended, any business entity or employer that employs one or more employees shall not knowingly employ, hire for employment, or continue to employ an unauthorized alien within the State of Alabama.

During the performance of the contract, such business entity or employer shall participate in the E-Verify program and shall verify every employee that is required to be verified according to the applicable federal rules and regulations. The business entity or employer shall assure that these requirements are included in each subcontract in accordance with §31-13-9(c). Failure to comply with these requirements may result in breach of contract, termination of the contract or subcontract, and possibly suspension or revocation of business licenses and permits in accordance with §31-13-9 (e) (1) & (2).

Code of Alabama (1975) § 31-13-9 (k) requires that the following clause be included in all City of Huntsville contracts that have been competitively bid and is hereby made a part of this contract:

“By signing this contract the contracting parties affirm, for the duration of the agreement, that they will not violate federal immigration law or knowingly employ, hire for employment, or continue to employ an unauthorized alien within the State of Alabama. Furthermore, a contracting party found to be in violation of this provision shall be deemed in breach of the agreement and shall be responsible for all damages resulting therefrom.”

4. CONTRACTOR – PUBLIC CONTRACT WITH ENTITIES ENGAGING IN CERTAIN

BOYCOTTING ACTIVITIES

Alabama Legislative Act 2016-312, as adopted on May 5, 2016, prohibits Alabama governmental bodies from entering into contracts with commercial entities that participate in boycotts against nations or business organizations that Alabama citizens can otherwise trade with (members of the World Trade Organization or other countries with which the United States has free-trade agreements).

In accordance with Alabama Act 2016-312 as adopted and approved on May 5, 2016, on behalf of

___________________________________________________________ I do hereby certify and represent that this (Insert Name of Business) business is not currently engaged in, and will not engage in, the boycott of a person or an entity based in or doing business with a jurisdiction with which the state can enjoy open trade.

I, the undersigned, certify to the State of Alabama as follows:

a. I am authorized to provide representation set out in this Certificate as the official and binding act of the Contractor and have knowledge of Alabama’s Act 2016-312.

b. In compliance with Act 2016-312, the Contractor is not currently…