The New York State Department of Transportation is requesting pricing quotes for RQ23-021 - 5 Day Comprehensive Tree Skills Training. The Department intends to advance this purchase pursuant to its discretionary purchasing authority under State Finance Law section 163(6), which authorizes purchases without a formal competitive process in certain circumstances, including purchases from New York State small businesses, from businesses certified pursuant to Article 15-A of the New York State Executive Law and/or New York State Veterans’ Services Law for service-disabled veteran-owned business enterprises (SDVOB), and, if applicable, from businesses selling commodities or technology that are recycled or remanufactured.

SCOPE OF WORK / SERVICES (services)

NYSDOT is seeking quotes from instructors knowledgeable and accomplished with expertise on the subject matter to provide training as defined below. The training shall be presented as a five (5) day (calendar work week) course to include the following components:

- Tree Felling and Rigging Practices, Aerial Lift Techniques, and Storm Damage Recovery – 5 Days: Planning and sequencing for safe efficient precision tree felling, safe and efficient techniques for rigging during tree felling in aerial lift methods, during normal circumstances, as well as during storm damage recovery.

Courses will be conducted in 2024, at times arranged between the trainers and NYSDOT. Attendees (and instructors that would be attending) would be expected to attend a consecutive five-day time period during the course of one normal workweek. Two instructors shall be present to lead and support the classroom instruction and hands-on practices in field settings. Course sessions may include up to 18 participant attendees in each class. NYSDOT may invite up to five people during the class who will be observers but would not be participants in the training exercises.

The firm and instructors must be highly experienced in Tree Removal Skills, Aerial Tree Rigging and Felling, and Storm Damage Recovery. The firm shall have at least 5 years’ experience in tree work skills training delivery and must have delivered a course with a comparable curriculum (acceptable to NYSDOT) on at least on two occasions in the past four years. The two instructors must each have at least five years’ experience with tree skill instruction that includes concepts and classroom instruction and hands on practice in field settings. Course must meet ANSI/ASSE Z490.1 Criteria for Accepted Practices in Safety Health and Environmental Training, as well as OSHA 1910.266, ANSI Z133, and applicable NYSDOT policies and procedures.

Three (3) training sessions will be located at geographically different areas of New York State to include Capital District (Saratoga), Mohawk Valley (Utica) or Central NY (Syracuse), and Long Island (Hauppaugue). Exact locations in parenthesis to be determined but can be used to calculate instructor travel costs.

Class locations will be obtained by NYSDOT. Locations will include a classroom meeting area and field locations available for tree work.

While the hands-on practice in the class may involve solid healthy trees, the training shall include considerations within the procedures that are performed to safely remove compromised / damaged trees, since most of NYSDOT’s work involves work on compromised / damaged trees. Training shall include practices and procedures needed during emergency and storm response conditions. While an awareness of electrical safety issues is relevant in the course, the intention is not to provide line clearance certification which is otherwise provided by specialized training.

Classes shall include a high percentage of hands-on practice, so students can apply the concepts taught and receive immediate feedback from instructors and their peers.

Specific Course Topics shall include:

• Safety, Risk, and Hazard Assessment and Management for Aerial Lift Rigging and Felling.
• Safety, Risk, and Hazard Assessment and Management for Storm/Emergency Damage Response during the storm, and Recovery after the storm.
• Safety, Risk, and Hazard Assessment and Management for felling near structures and other high-risk environments, such as those with limited access and drop zone obstacles.
• Communication among tree crew staff and staff supporting the tree crew.
• Planning Procedures for safety, productivity and efficiency.
• Precision Cutting and Felling Methods, Best Practices, and Techniques
• Understanding tension and compression forces, and application of snap cuts, notches, hinges, etc.
• Safe and Efficient Log and Limb Lowering
• Aerial Lift Techniques and Methods, including Rescue.
• Tree Assessment / CODIT (compartmentalization of decay or damage in trees)
• Advanced and Complex Rigging planning, equipment, hazards, best practices and techniques.
• Ropes/Rigging/Hardware: physics, care, construction, maintenance, and new technology

Equipment and Materials

The vendor shall provide:

• Course workbooks approved or published by the ISA, for cutting/felling, climbing and rigging for all attendees (no more than 20 per class)
• A Certificate of Participation for each attendee upon completion of course
• Short ropes to allow students to practice knot tying.
• Equipment, including but not limited to
  • Five pull ropes for the felling training
  • Wedges and other items to demonstrate safe and productive felling techniques.
  • A dynamometer to demonstrate the forces influencing felling work.

NYSDOT will require students to bring appropriate PPE such as arborist helmet with communication devices, face, eye, and ear protection as well as chainsaw chaps or pants. NYSDOT will encourage students to bring harness and lanyard used in aerial lifts, so they can work with instructors and learn how to maximize equipment performance.

NYSDOT will provide the following:

• Two bucket trucks, operators and supporting staff for the rigging and aerial lift portions of the course.

Quotations must include all of the areas of instruction noted above and must be priced as a lump sum, all-inclusive cost, including all instructor travel and per diem costs and all materials and equipment.

METHOD OF AWARD

Award of a purchase order/contract will be made under this Request for Quotations on the basis of lowest Grand Total quote amount to vendor meeting minimum qualifications and cost proposal submission requirements, pursuant to NYSDOT discretionary authority under State Finance Law Section 163(6). A completed Cost Proposal Worksheet must be submitted with RFQ proposal.

For a quote to be considered for award, the quotation must:

1. Be responsive (i.e. conforms in all material respects to the terms, conditions, specifications, and other requirements of the Request for Quotations), and;
2. Have been submitted by a responsible entity (i.e. has the capacity in all respects to perform all contract requirements in full, specifically the financial capacity, legal authority, integrity, and past performance and reliability that will assure good-faith performance).

QUALIFICATIONS

Bidders are advised that the State’s intent in having the requirements listed below is to ensure that only qualified and reliable vendors perform the work of the resulting contract. Bidder shall have the burden of demonstrating to the satisfaction of the Department that it can perform the work required.

Proposals will be considered only from established business entities who can demonstrate, to the satisfaction of the Department, proven past experience providing tree skills training. The ability of the firm to demonstrate sufficient minimum qualifications to meet the Minimum Qualifications requirements must be documented at the time of proposal submission to be considered for this project.

A separate, detailed Statement of Qualifications must be submitted with the RFQ Proposal as an attachment which is furnished on company letterhead. The Statement of Qualifications attachment must detail how the firm meets the minimum qualifications criteria and must be signed by a company owner or officer, attesting to all applicable experience necessary to meet the minimum requirements stated herein. Experience not directly related or comparable to the Scope of Services will not be accepted.

The completed Statement of Qualifications attachment must identify:

1. Experience of the firm in providing the training. Note: A comparable (acceptable to NYSDOT) course curriculum must be established and have been presented at least on two occasions over the last 4 years.
2. Experience of the instructors. Note: The instructors must each have at least 5 years of experience with providing training in comprehensive tree work skills. Experience for each instructor must include past and current project experience descriptions.
3. Resumes for proposed instructors must be provided with the proposal.
   1. In addition, resumes for any proposed replacement or new instructors after award of resulting purchase order/contract must first be reviewed and approved by the NYSDOT program manager.
4. References for firm:
   1. Provide contact information for each firm reference and a description of the relevant experience. Experience with NYS agencies or agencies of other states is of particular relevance.
   2. A minimum of three (3) project references with contact names and phone numbers must be provided in the Statement of Qualifications.
5. References for Instructors:
   1. Provide contact names, phone numbers and e-mail addresses for each instructor reference.
   2. A minimum of three (3) references and no more than five (5) is requested for each instructor.

Vendors must also be registered with the NYS Department of State as an entity authorized to conduct business in New York State. If not registered with the NYS Department of State, the vendor must provide proof of good standing from their Department/Secretary of State from their State of principal place of business.

CONTRACT PERIOD

The purchase order/contract period will cover a period of one (1) year from the date of Purchase Order approval. The targeted start date is July 1, 2024.

NYSDOT intends to hold 1 class per location during the contract period.

WORKERS’ COMPENSATION INSURANCE AND DISABILITY BENEFITS REQUIREMENTS

Workers’ Compensation Law (WCL) §57 and §220 requires the heads of all municipal and state entities to ensure that businesses applying for permits, licenses or contracts document it has appropriate workers’ compensation and disability benefits insurance coverage. These requirements apply to both original contracts and renewals, whether the Department is having the work done or is simply issuing the permit, license, or contract. Failure to provide proof of such coverage or a legal exemption will result in a rejection of quotation proposal or renewal of contract.

1. Proof of Compliance with Workers’ Compensation Coverage Requirements:

To provide proof of compliance with the requirements of the Workers’ Compensation Law pertaining to workers’ compensation coverage, a Vendor/Contractor shall:

1. Be legally exempt from obtaining Workers’ Compensation insurance coverage; or
2. Obtain such coverage from an insurance carrier; or
3. Be a Workers’ Compensation Board-approved self-insured employer or participate in an authorized self-insurance plan.

An ACORD form is NOT acceptable proof of workers’ compensation coverage. A Vendor/Contractor seeking to enter into contract with the State of New York shall provide one of the following forms to the applicable requesting NYSDOT office:

1. Form CE-200 Certificate of Attestation for New York Entities with No Employees and Certain Out of State Entities, that New York State Workers’ Compensation and/or Disability Benefits Insurance Coverage is Not Required, which is available on the Workers’ Compensation Board’s website (wcb.ny.gov). Reference applicable solicitation # on the form.
2. Certificate of Workers’ Compensation Insurance:
   1. Form C-l05.2 if coverage is provided by the contractor’s insurance carrier, contractor must request its carrier to send this form to the requesting NYSDOT office; or
   2. Form U-26.3 if coverage is provided by the State Insurance Fund, contractor must request that the State Insurance Fund send this form to the requesting NYSDOT office
3. Form SI-l2 Certificate of Workers’ Compensation Self-Insurance available from the New York State Workers’ Compensation Board’s Self-Insurance Office.
4. Form GSI-105.2 Certificate of Participation in Workers’ Compensation Group Self-Insurance available from the contractor’s Group Self-Insurance Administrator.

2. Proof of Compliance with Disability Benefits Coverage Requirements:

For transactions where Vendor/Contractor is employing staff in NYS, to provide proof of compliance with the requirements of the Workers’ Compensation Law pertaining to disability benefits, Vendor/Contractor shall:

1. Be legally exempt from obtaining disability benefits coverage; or
2. Obtain such coverage from an insurance carrier; or
3. Be a Board-approved self-insured employer.

A Vendor/Contractor seeking to enter into contract with the State of New York shall provide one of the following forms to the requesting NYSDOT office at the time of solicitation proposal submission, or shortly thereafter:

1. Form CE-200 Certificate of Attestation for New York Entities with No Employees and Certain Out of State Entities, That New York State Workers’ Compensation and/or Disability Benefits Insurance Coverage is Not Required, which is available on the Workers’ Compensation Board’s website (wcb.ny.gov). Reference applicable solicitation or Request for Quotations # on the form.
2. Form DB-120.1 Certificate of Disability Benefits Insurance. Vendor/Contractor must request its business insurance carrier to send this form to the applicable NYSDOT requesting office; or
3. Form DB-120.2 Certificate of Participation in Disability Benefits Group Self-Insurance. Vendor/Contractor must obtain, complete, and send this form to the applicable NYSDOT requesting office; or
4. Form DB-155 Certificate of Disability Benefits Self-Insurance. The Vendor/Contractor must call the Board’s Self-Insurance Office at (518) 402-0247 to obtain this form.

ALL OF THE ABOVE REFERENCED FORMS, EXCEPT CE-200, SI-12 & DB-155 MUST NAME: The New York State Department of Transportation / the People of the State of New York and the appliable NYSDOT requesting office as the Entity Requesting Proof of Coverage (Entity being listed as the Certificate Holder).

WORKERS’ COMPENSATION LAW (WCL) CONTRACTOR DEBARMENT

For any public work contract subject to Article 8 of the New York State Labor Law, such contract, including amendments or renewals that extend the term of an existing contract, cannot be awarded to a vendor or any substantially owned affiliate of a vendor, that is debarred pursuant to WCL Section 141-b. Additionally, a contractor shall be required to replace any subcontractor, at no additional cost to the State, found to be debarred pursuant to WCL Section 141-b during the course of the contract.

3. INSURANCE

In addition to the Worker’s Compensation and Disability Benefits Insurance requirements set forth above, if in furnishing items hereunder the Vendor/Contractor will perform any installation or training on State property, or if the Vendor/Contractor is providing contract for services hereunder, then the Vendor/Contractor shall procure and maintain at its own expense and without compensation by the State, until final acceptance by the State of services provided by the contract or purchase order, insurance for liability for damages imposed by law, of the kinds and in the amounts hereinafter provided, with insurance companies authorized to do such business in the State, covering such on-site work or contract for services.

The minimum types and limits of insurance are as follows:

1. COMMERCIAL GENERAL LIABILITY INSURANCE with a limit of not less than $1,000,000 each occurrence ($2,000,000 aggregate).
2. COMPREHENSIVE BUSINESS AUTOMOBILE LIABILITY INSURANCE with a limit of not less than $1,000,000 each accident. Such liability insurance is to cover liability arising out of any vehicle including owned, leased, hired, and non-owned vehicles bearing, or required by NYS Vehicle and Traffic Law to bear license plates.

Before commencing work, the Vendor/Contractor shall furnish to the State a certificate or certificates of insurance in form satisfactory to the State showing compliance with this paragraph, which certificate or certificates are to name the “State of New York/New York State Department of Transportation and their agents or employees” as additional insured. Such policies may not be changed or canceled until thirty (30) days written notice has been given to the State.

The Vendor/Contractor shall procure, at its own sole cost and expense, and shall maintain in force at all times during the term of this contract/purchase order including any extensions or renewals until final payment is disbursed, the policies of insurance covering all operations under the contract/order whether written by companies authorized by the New York State Insurance Department to issue insurance in the State of New York and that have an A.M. Best Company rating of (A -) or better or approved by the Department. The Vendor/Contractor shall deliver to the Department evidence of such policies as the Department deems necessary to verify that the required insurance is in effect.

Certificates or transmittal correspondence shall reference the applicable NYSDOT solicitation number and description or contract/purchase order number and description. Vendor/Contractor is strongly encouraged to transmit certificates and other materials concerning insurance coverage, referencing the applicable contract/purchase order and the name of the Vendor/Contractor in the Subject Line, by email to the applicable NYSDOT requesting office.

DESIGNATED CONTACT PERSONS

(All Communications and Bid Submissions are to be Directed to):

Interested parties should inquire of the Designated Contact Person(s) identified below to discuss particulars of providing a quotation to this opportunity.

Communication with respect to this procurement initiated by or on behalf of an interested vendor through other than the “Designated Contact Person(s)” identified below may constitute an “impermissible contact” under state law with respect to Procurement Lobbying, which could result in disqualification of that vendor.

PRIMARY CONTACT

Otto Ambuhl

518-457-6801

Otto.Ambuhl@dot.ny.gov

SECONDARY CONTACT

Jessica Owen

518-457-0775

Jessica.Owen@dot.ny.gov

The New York State Department of Transportation, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the Department of Transportation and Title 23 Code of Federal Regulations, Part 200, Title VI Program and Related 1 of 3 Statutes, as amended, issued pursuant to such Act, hereby notifies all who respond to a written Department solicitation, request for proposal or invitation for bid, that it will affirmatively insure that in any contact entered into pursuant to this advertisement, disadvantaged 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 race, color, national origin, sex, age disability/handicap and income status in consideration for an award.

For purposes of this procurement, the NYS Department of Transportation has conducted a comprehensive search and determined this contract does not offer sufficient opportunities to set goals for participation by certified DBE, MWBE, and/or SDVOB firm subcontractors, service providers, and suppliers. This project may present a direct opportunity for certified firms to participate as prime contractors and certified firms are encouraged to submit bids.

BID SUBMISSION DETAILS

The NYSDOT Purchasing Unit will accept inquiries and requests for clarification relative to this RFQ until C.O.B., 3/8/2024 by email to the Designated Contact Persons.

Firm pricing offers from responsible and reliable vendors will be accepted until the Quotation due date. Interested parties should submit a quote to Otto Ambuhl by COB 4:00 PM March 21, 2024. RFQ responses may be emailed to Otto.ambuhl@dot.ny.gov and Jessica.Owen@dot.ny.gov . All quotations must be received by the above due date/time. Late submissions will be considered at the sole discretion of the Director of Contract Management.

A completed Request for Quotation submission shall provide a lump sum cost per 5-day class session and a description and outline for delivery of each of the classes. Proposal submissions must include the following:

1. Content of the Course: Overview course content and agenda to accomplish the intent of the training
2. Training classroom and field exercise location requirements.
3. Equipment, workbooks and references that will be provided by the trainer.
4. Resumes for proposed course instructors.
5. References for firm and instructors.
6. A detailed Statement of Qualifications as defined in the Minimum Qualifications requirements.
7. Quotation Cost Proposal Worksheet with Lump sum total price for each 5-day class course session to include all of the areas of instruction noted above and be all-inclusive cost including all instructor (including time, travel, lodging, and meals) and material costs. All expenses must be incorporated into the total quotation Cost Proposal, including all fees associated with course development and instruction, materials, and travel. No allowance for additional costs will be made in the future under the resulting purchase order/contract. (Cost Proposal Worksheet included under Documents Tab)
8. Proof of required Insurances
9. Procurement Lobbying Law form (PLL Form included under Documents Tab)

Bids submitted shall remain in effect for a period of sixty (60) days. Bids shall remain in effect beyond such period until such time as either an award is made, or the bidder delivers written notice of withdrawal of its bid to the Purchasing Office.

Purchases made by the State of New York are not subject to state or local sales taxes or federal excise taxes. There is no exemption from paying the New York State truck mileage, unemployment insurance, or Federal Social Security taxes. The official NYSDOT purchase order is sufficient evidence to qualify the transaction exempt from sales tax under section 1116(a)(I), Tax Law. For tax-free transactions under the Internal Revenue Code, the New York State registration number is 14740026K.

STANDARD CLAUSES FOR ALL NEW YORK STATE CONTRACTS

STOCK EXHIBIT, which includes NYS Appendix A (Standard Clauses for All NYS Contracts), NYSDOT Title VI (Civil Rights Act of 1964 – as amended) Appendices & NYSDOT Appendix B Publication PUR 102 (General Specifications), is attached hereto and made a part of this Solicitation and of any resulting contract as if set forth fully at length herein.