invitation to bid...contract #18-23: herbicide spot spraying of brush and tree stumps all bids are...

INVITATION TO BID

Sealed bids will be received by the Kent County Road Commission, 1500 Scribner Avenue NW, Grand Rapids, Michigan 49504 until Thursday, May 3, 2018, 8:30 AM deadline, at which time they will be publicly opened and read in the H.T. Conference Room for:

Contract #18-23: Herbicide Spot Spraying of Brush and Tree Stumps All bids are to be in sealed envelopes and plainly marked as to the equipment,

material, or service being bid upon and the name of the Bidder. The Board reserves the right to reject any and all Proposals or to waive

irregularities therein, and to accept any Proposals which, in the opinion of the Board, may be most advantageous and to the best interest of the County.

BOARD OF COUNTY ROAD COMMISSIONERS OF THE COUNTY OF KENT

By: Mark E. Rambo, Chairman

----------------------------------------------------------------------------------------------------------- PLEASE ACKNOWLEDGE RECEIPT OF THIS INVITATION TO BID AND FAX BACK TO 616.242.6980. Company _____________________________________________________ Authorized Signature ___________________________________________ Date ________________________________

INSTRUCTION TO BIDDERS Sealed bids will be publicly opened at the offices of the Board of County Road Commissioners of the County of Kent, State of Michigan, located at 1500 Scribner Avenue NW, Grand Rapids, MI 49504. Refer to the INVITATION TO BID for the exact timing and for the identification of the bids as related to furnishing materials, services, equipment, work and/or supplies with the terms, conditions, specifications, drawings, plans, and special provisions as stated herein and hereto attached. The Board's normal practice is to open and read the bids then refer the file to Staff for tabulation and analysis. During this period, the files are closed until this action is complete. Generally, this involves three or four days depending upon the nature of the bid. Copies of the bid tabulations are made available only after this time and upon request to the Purchasing Department, by mail or phone (616) 242-6928. 1. All bids must be submitted on the Board's bid blank form when provided. The bid shall be

legibly prepared in ink or typewriter. Erasures or alterations must be initialed by the bidder.

2. Specifications and plans should not be returned with bid unless otherwise stated

herein. 3. Bid shall be mailed or delivered. It shall be in a sealed envelope and identified on the

outside as to the bid concerned. If a printed label is enclosed, bidders are requested to complete it and attach it to the envelope.

4. Bids will not be accepted after the time designated for the opening of the bids. The bidder

shall assume full responsibility for delivery of bids prior to the appointed hour for opening same and shall assume the risk of late delivery or non-delivery regardless of the manner he/she employs for the transmission thereof. Bids will be accepted at the Purchasing Department on behalf of the Board at any time during normal business hours only, said hours being 7:30 AM to 4:00 PM Mondays through Fridays, legal holidays excepted.

5. It is understood that the Board of County Road Commissioners is a Governmental unit and

as such, is exempt from the payment of all State and Federal taxes, except as allowed by the regulatory agencies to be included in the cost of materials and services.

6. The bidder, by execution of the bid proposal, thereby declares that the bid is made without

collusion with any other person, firm, or corporation, and agrees to furnish all bid items in strict adherence with all Federal regulatory measures.

7. The Board reserves the right to reject any and all bids, to waive any irregularities therein,

and to accept any bid which, in the opinion of the Board, may be most advantageous and to the best interest of the County. In case of error in the extension of prices in the bid or other arithmetical error, the unit prices will govern.

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Specifications for Contract #18-23: Herbicide Spot Spraying

It is the intent of the Kent County Road Commission to contract for 2018 requirements of herbicide treating cut tree stumps or up to one year regrowth around bridges and culverts in Kent County, as needed, with two one year renewable clauses. Scope: A. The bidder must be specially trained and licensed through the Michigan Department of

Agriculture, and have a minimum of three (3) years of experience in the type of work. B. The contractor shall furnish all supervision, labor, chemicals and equipment to fulfill the

requirements of the contract.

C. The Kent County Road Commission will publish the required public notice.

General Specifications A. The Contractor shall comply with the intent of the General Requirements and Covenants, Division 1

of the Michigan Department of Transportation current "Standard Specifications for Construction" where applicable.

B. Experience:

The contractor must have at least three (3) years’ experience spraying, commercial or industrial sites, and each unit shall be manned with an operator with at least 3 (3) years’ experience. Contractor shall submit a copy of each employee's Michigan Commercial Pesticide license with his bid. Each person who dispenses dilute herbicide or mixes concentrate shall have a valid Michigan Commercial Pesticide applicators license. The contractor is to comply with all state and federal guidelines and laws.

C. Locations: Total of fifty-two (52), as specified in the attached list D. Equipment: Hand sprayer E. Material: 1. Contractor responsible for proper disposal of any containers and material. 2. Submit material safety data sheet and label of product being bid.

3. The Road Commission reserves the right to ask contractor to use a different chemical than

that bid. If there is an increase in costs, an adjustment will be made upon mutual agreement of Road Commission and contractor.

Specifications for Contract #18-23: Spraying of Stumps and Regrowth, contd. 2

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F. Method of Measurement and Basis for Payment: 1. The herbicide spot spray will be measured in each per location as specified in this proposal

with the bid price per location according to the degree of control (kill) achieved. The percent kill shall be determined by visual inspection.

Payment for one-half of the total bid amount for the pay item “Herbicide Spot Spray” will be

made following each inspection period and after each value is adjusted for the percent control achieved.

A 90 percent or higher kill or control of all vegetation shall be considered as 100 percent

achievement. A 75-90 percent kill or control of all vegetation shall be considered 75 percent achievement and less than 75 percent control shall be justification for non-payment for that route.

A 10% retainage shall be withheld from payment until 90 percent or higher kill or control of

all vegetation is confirmed by the contract administrator. Individual locations may be retreated on spot treated by the contractor through the growing

season (at no additional cost to Kent County Road Commission) to improve the percent control.

2. Reporting Progress Each day the contractor shall 1) report the locations to be sprayed the next day, and (2)

submit a written report listing all the areas sprayed and/or skipped the previous workday. The form “Herbicide Spot Spraying Inspection Report” (attached) shall be used for reporting purposes. All information on the form shall be completed daily.

G. Award of Bid: 1. Award will not be based on price only, but will take into consideration cost per site,

contractor’s qualifications and experience and the contractor’s ability to complete the spraying in a timely manner and in the best interest of the Road Commission.. 2. The Kent County Road Commission reserves the right to award the contract to more than

one bidder, taking into consideration cost per site, qualifications, and the contractor’s ability to complete the sites in a timely manner and in the best interest of the Road Commission..

H. Pre-Work Meeting: After the low bid has been determined, a meeting with the vendor and contract administrator will be

held at a location designated by the contract administrator. The purpose of the meeting will be for that vendor to present his work plan.


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I. Traffic Control: To be supplied by Kent County Road Commission, if applicable J. Completion Date: 1. Contract for the 2018 season to be completed by October 1, 2018 2. Scheduling will be coordinated by Tom Byle, P.E., Assistant Director of Engineering K. Insurance Requirements: 1. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the

Kent County Road Commission and its agents and employees from and against all claims, damages, losses and expenses including, but not limited to, attorneys’ fees arising out of or resulting from the performance of this Contract including claims, damages, losses and expenses attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, but only to the extent caused by the fault, negligent acts, or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage loss or expense is caused in part by the parties indemnified hereunder. This obligation does not include an obligation to indemnify the parties, indemnified hereunder for their sole negligence and shall not be construed to negate or modify other rights or obligations of indemnity that otherwise exist as to the parties or persons described herein, arising out of and during the progress and to the completion of work all in accordance with Public Act 468 of 2012 and the 2012 Michigan Department of Transportation’s “Standard Specifications for Construction”, Division 1, paragraph 1.07.10 with the following minimum requirements:

Workman's Compensation Statutory Coverage Bodily Injury and Property Damage Other Than Automobile: Each Occurrence $1,000,000 Aggregate $2,000,000 Bodily Injury Liability and Property Damage Liability Automobile: Bodily Injury Liability $500,000 Each Person, Each Occurrence $1,000,000 Property Damage Liability $1,000,000 Each Occurrence Combined Single Limit for Bodily Injury and Property Damage Liability Each Occurrence $2,000,000 Insurance Certificate declaring Kent County Road Commission as additional insured, not

certificate holder, must be issued and shall become part of the contract.


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2. Contractor shall maintain current up-to-date insurance coverage during the term of the contract and failure to do so shall result in termination of said contract.

3. Certificate must be submitted within fifteen days upon notification of award of Contract and

prior to Contract signing. L. Cancellation of Contract Provisions: The Board shall have the right to cancel the Contract for non-performance: Should an inspection

by the Board's designated representative reveal that the Contractor's work results in any non-acceptable condition of one or all specified areas:

The designated representative at the time of the first circumstance shall call for a meeting with the

Contractor to issue a written warning of possible Contract termination should the condition continue.

If the condition should repeat itself a second time, written notice of termination shall be sent. M. Submission of bid will be construed as a conclusive presumption that the Contractor is thoroughly

familiar with the bid requirements and specifications and that he/she understands and agrees to abide by each and all of the stipulations and requirements contained therein.

N. Neither the Contractor nor his/her subcontractors shall discriminate against any employee or

applicant for employment, to be employed in the performance of this Contract, with respect to his/her hire, tenure, terms, conditions or privileges of employment, of any matter directly or indirectly related to employment because of his/her race, color, religion, national origin, or ancestry. Breach of this covenant may be regarded as a material breach of this Contract.

O. “The KCRC, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 USC

2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Federally-assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of gender, disability, race, color, or national origin in consideration for an award.”

During the performance of this contract, the contractor, for itself, its assignees and successors in

interest (hereinafter referred to as the “contractor”) agrees as follows:

1. Compliance with Regulations: The contractor shall comply with the Regulations relative to non-discrimination in Federally-assisted programs of the Department of Transportation, Title 49, code of Federal Regulations, Part 21 as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract.

2. Non-discrimination: The contractor, with regard to the work performed by it during the

contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the


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discrimination prohibited by section 21.5 of the Regulation, including employment practices when the contractor covers a program set forth in Appendix B of the Regulations.

3. Solicitations for Subcontracts, Including Procurements of Materials and

Equipment: In all solicitations either by competitive bidding or negotiation made by the contactor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor’s obligations under this contract and the Regulations relative to non-discrimination on the grounds of race, color, or national origin.

4. Information and Reports: The contractor shall provide all information and reports

required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Kent County Road Commission to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the State highway department, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information.

5. Sanctions for Non-compliance: In the event of the contractor’s non-compliance with

the non-discrimination provisions of this contract, the Kent County Road Commission shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to:

(a) Withholding of payments to the contractor under the contract until the contractor

complies, and/or (b) Cancellation, termination or suspension of the contract, in whole or in part.

6. Incorporation of Provisions: The contractor shall include the provisions of paragraphs

(1) through (6) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the Kent County Road Commission may direct as a means of enforcing such provisions including sanctions for non-compliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Kent County Road Commission to enter into such litigation to protect the interests of the County, and, in addition, the contractor may request the State highway department to enter into such litigation to protect the interests of the State and/or the United States to enter into such litigation to protect the interests of the United States.


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Technical Specifications

A. Material: Premixed Pathfinder II B. Application: 1. Treat entire cut surface on stumps and a low volume basal treatment on regrowth.

2. If a site needs to be resprayed, it will be done at “no cost” to the Road Commission. 3. Use extreme caution to prevent excess chemical from running down the bark and leaching

into the soil, or spraying adjacent vegetation. NOTE: Questions concerning specifications should be directed to Tom Byle at (616) 242-6981 or

tbyle @ kentcountyroads.net. 04/23/18 K:\Purchasing\SPEC\SPRAYING SPEC.docx


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Bid Form for Contract #18-23: Herbicide Spot Spraying

STRUCTURE

LOCATION PRICE PER APPLICATION Ada #5 Knapp St. - 0.15 mi east of Grand River Dr

SUBTOTAL

Algoma #8 Indian Lakes Rd - 0.5 mi east of Algoma Ave Algoma #13 Algoma Ave - 0.35 mi north of 14 Mile Rd. Algoma #30 Summit Ct. - 0.1 mi west of Summit Ave.

SUBTOTAL

Bowne #5 Wingier Ave. - 200' south of 72nd St. Bowne #17 Coldwater Ave. - 275' south of 100th St Bowne #20 Baker Ave - 0.6 mi south of 100th St Bowne #21 100th St - 0.55 mi east of Wingier Ave Bowne #23 Freeport Ave - 0.1 mi north of 108th St Bowne #27 84th St - 0.15 mi east of Pratt Lake Ave

SUBTOTAL

Byron #24 Clyde Park Ave - 0.25 mi south of 76th St Byron #66 108th St - 100' west of Wustman Ave

SUBTOTAL

Caledonia #9 68th St - 0.1 mi east of Thornapple River Dr Caledonia #30 100th St - 0.4 mi east of Alaska Ave

SUBTOTAL

Cannon #17 Cannonsburg Rd - 350' west of Honey Creek Ave Cannon #19 Joyce Dr - 300' north of Cannonsburg Rd

SUBTOTAL

Cascade #22 52nd St - 300' west of Whitneyville Ave Cascade #27 Thornapple River Dr - 0.35 mi north of 60th St Cascade #40 Patterson Ave - 0.2 mi south of 36th St Cascade #42 36th St - 0.7 mi east of Kraft Ave Cascade #43 Thornapple River Dr - 1.0 mi north of 48th St

SUBTOTAL

Gaines #21 79th St - 0.25 mi east of Division Ave Gaines #36 Hanna Lake Ave - 0.5 mi south of 68th St

SUBTOTAL

Lowell #32 Hudson St - 250' north of Grand River Dr SUBTOTAL


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Plainfield #9 Jericho Ave - 0.6 mi south of 10 Mile Rd

Plainfield #12 Packer Dr - 0.7 mi north of Rogue River Rd Plainfield #16 Rogue River Rd - 0.3 mi west of Packer Dr Plainfield #17 Rogue River Rd - 0.2 mi west of Packer Dr

SUBTOTAL

Solon #7 Egner St - 0.3 mi of Cedar Springs Ave Solon #14 18 Mile Rd - 0.2 mi east of Hanna Ave Solon #15 18 Mile Rd - 0.4 mi east of Hanna Ave Solon #16 18 Mile Rd - 0.5 mi east of Hanna Ave Solon #18 Algoma Ave - 300' north of Solon St Solon #19 18 Mile Rd - 0.4 mi east of Simmons Ave Solon #20 White Creek Ave - 0.4 mi north of 18 Mile Rd Solon #23 White Creek Ave - 0.5 mi south of 17 Mile Rd Solon #28 Egner Ave - 0.2 mi southwest of Cedar Springs Ave

SUBTOTAL

Sparta #20 Peach Ridge Ave - 0.4 mi north of 13 Mile Rd Sparta #22 13 Mile Rd - 0.35 mi west of Phelps Ave Sparta #24 Phelps Ave - 150' north of 13 Mile Rd Sparta #31 12 Mile Rd - 0.3 mi west of Fruit Ridge Ave Sparta #33 Peach Ridge Ave - 0.5 mi north of 12 Mile Rd Sparta #41 Alpine Ave - 200' south of 12 Mile Rd Sparta #58 State St - 0.23 mi north of Division St

SUBTOTAL

Spencer #13 Penny Ave - 150' north of 19 Mile Rd Spencer #14 19 Mile Rd - 200' east of Penny Ave Spencer #17 Meddler Ave - 0.5 mi north of 18 Mile Rd Spencer #22 Lincoln Lake Ave - 300' north of 18 Mile Rd Spencer #38 Larson Ave - 0.1 mi north of 17 Mile Rd

SUBTOTAL

Vergennes #8 Fallasburg Park Dr - 0.6 mi south of 3 Mile Rd Vergennes #30 Flat River Dr - 0.2 mi north of Vergennes Ave

SUBTOTAL

TOTAL CONTRACT


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Payment Terms - % 30 days Cash discounts, if any, shall be based on period of 30 days or more after the delivery of contractor's invoice. Lesser periods will not be considered in the awarding. Copies of employee's Michigan Commercial Pesticide Licenses enclosed Cost of current label and MSDS for product bid Can meet scheduling specification Company Name Address Telephone Number Fax Number Email Authorized Signature written

typed/printed

Date Federal Employer ID# or Social Security #


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Herbicide Spot Spraying Inspection Report

DATE: START TIME: END TIME:

TRUCK/SPRAY UNIT:

BRIDGE/CULVERT #: LOCATION: TIME: WEATHER: (circle one) Cloudy Clear Rain WIND (mph): TEMPERATURE:

WATER SOURCE/LOCATION LOCATION/REMARKS: APPLICATOR’S NAME: (Print) CERTIFICATION#

APPLICATOR’S SIGNATURE EXPIRATION DATE:

invitation to bid...contract #18-23: herbicide spot spraying of brush and tree stumps all bids are...

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