157909 Specifications.pdf

Administrative Services/Procurement

Richmond District / Chesterfield Residency

Hourly Tree Trimming

IFB #157909

Administrative Services Division

Richmond District

Issue Date: December 6, 2022 INVITATION FOR BIDS IFB# 157909

Title: Tree Trimming Services Hourly

Commodity Code(s): 98888

Location Where Work Will Be Performed: Amelia, Chesterfield and Powhatan Counties

Issuing Agency: Commonwealth of Virginia

Virginia Department of Transportation (VDOT)

Contract Officer: Kim Dobra

Email: Kim.Dobra@vdot.virginia.gov

Phone: (804) 524-6016

NOTE TO BIDDERS

Virtual Pre-Bid Teleconference: A Mandatory Pre-Bid Teleconference will be held at 10:00 AM Eastern Standard Time on December

20, 2022. Refer to Solicitation Section V. for instructions on how to participate.

Solicitation Closing Date and Time: 2:00 PM Eastern Standard Time on January 3, 2023. Refer to Solicitation Section VIII.1 for

Instructions to Bidders.

Virtual Public Bid Opening Date and Time: 2:00 PM Eastern Standard Time on January 3, 2023. Refer to Solicitation Section VIII.2 for instructions on how to participate.

REMINDERS

1. Make certain bids are not unbalanced. Ensure all bid documents are completed and uploaded with the bid submission. Bid documents include, but may not be limited to:

2. VENDOR QUALIFICATION EQUIPMENT CERTIFICATION FORM

3. VA STATE CORPORATION COMMISSION

4. CONTRACTOR/SUBCONTRACTOR LICENSE REQUIREMENT (if applicable)

5. NORMAL AND EMERGENCY CONTRACTS

6. REFERENCES

7. SUBCONTRACTOR APPROVAL REQUEST (if applicable)

8. OTHER INSTRUCTIONS TO BIDDERS: Be sure to read and follow any other instructions in the solicitation

9. SMALL BUSINESS SUBCONTRACTING PLAN: A Small Business Subcontracting Plan (SBSP) is required for the bid to be considered responsive if the Bidder is not certified as a small business by the

Department of Small Business and Supplier Diversity at the time of bid closing. Submit the SBSP on the included Attachment and provide plan value as a percentage not dollar value. See Special Term and Condition: SBSP, Evidence of Compliance and Subcontractor Reporting.

Administrative Services Division

Richmond District – Chesterfield Residency

Invitation for Bid (IFB) – Hourly Tree Trimming

IFB 157909

TABLE OF CONTENTS PAGE #

I. Purpose 1

II. Questions Regarding This Invitation For Bid 1

III. General 1

IV. Definitions 1

V. Specifications/Contract Requirements 2

VI. Pre-Bid Teleconference 6

VII. Method for Payment 6

VIII. Invoicing 7

IX. Bidders Instructions and Public Bid Opening 7

X. General Terms and Conditions 8

XI. Special Terms and Conditions 14

ATTACHMENTS

A. Vendor Qualification Equipment Inventory Certification Form

B. VA State Corporation Commission Form

C. Normal and Emergency Contacts

D. Subcontractor Approval Request

E. Virginia Code Red Ozone Days

F. References

G. Sample Work Order

H. Guide for Line of Sight Clearance

I. Small Business Subcontracting Plan

RESOURCES BY REFERENCE

1. General Term and Condition C.1.(d): Anti-Discrimination Link to Referenced Training

2. General Term and Condition CC: Civility in State Workplaces Link to Referenced Training

Note: This public body does not discriminate against faith-based organizations in accordance with the Code of Virginia, § 2.2-4343.1 or against a bidder because of race, religion, color, sex, national origin, age, disability, sexual orientation, gender identity, political affiliation, or veteran status or any other basis prohibited by state law relating to discrimination in employment. Faith-based organizations may request that the issuing agency not include subparagraph 1.f in General Terms and Condition C. Such a request shall be in writing and explain why an exception should be made in that invitation to bid.

Hourly Tree Trimming

I. PURPOSE:

The Virginia Department of Transportation herein referred to as “VDOT” is soliciting bids from qualified firms to provide Hourly Tree Trimming, Brush and Small Tree Removal, Unplanned /on-call within the Chesterfield Residency along the rights-of-way of primary and secondary routes within the counties of Chesterfield, Amelia and Powhatan.

PERIOD OF CONTRACT: One (1) year from date of award with four (4) renewal options available.

Note to Bidders: This solicitation includes the requirement for the Bidder to submit a Small Business Subcontracting Plan

(SBSP) with the electronic bid response in eVA. Bidders selecting “Vendor Will Complete All Work” box must be certified as a small/micro business by the Commonwealth of Virginia, Department of Small Business and Supplier Diversity (DSBSD) by the due date of this solicitation to participate in the SWaM Program.

If the Bidder is the not a DSBSD-certified small business, the “Vendor Plans To Use Subcontractors” box must be selected and the Bidder shall identify the portions of the contract that will be subcontracted to DSBSD-certified small business for the initial contract period and any subsequent renewal periods. Reference Special Term and Condition #30.

II. QUESTIONS REGARDING THIS INVITATION FOR BID:

Any questions regarding this invitation for bid shall be addressed to Kim Dobra at kim.dobra@vdot.virginia.gov the issuing office shall determine whether any addendum should be issued as a result of any questions or other matters raised. Provide questions no later than 5:00 PM on 12/28/22.

III. GENERAL:

For the purpose of clarification, each firm submitting a Bid is referred to as a “Bidder” and the Bidder awarded the contract to supply the services is referred to as a “Contractor”. Virginia Department of Transportation is referred to as “Department” or as

“VDOT”, and “Representative” refers to the VDOT Contract Administrator who will be administering the contract. This

Invitation for Bids states the instructions for submitting bids, the procedure and criteria by which a contract may be awarded, and the contractual terms which will exclusively govern the contract between VDOT and the Contractor.

IV. DEFINITIONS

1. “Diameter Breast Height” (DBH) is the diameter of the trunk or trunks of a tree measured at 4.5 feet above mean ground level at the base of the trunk or trunks. Instances where there is a dispute concerning a measurement due to a tree’s excessive lean, location on a slope or having multiple leaders the method of measurement used shall be in accordance with the most recent version of the International Society of Arboriculture’s (ISA) Guide for Plant

Appraisal.

2. Brush – All woody vegetation less than two (2) inches in diameter to be measured at ground level.

3. Tree – All woody vegetation equal to or greater than two (2) inches in diameter to be measured at ground level.

4. Small Tree- All woody vegetation equal to or greater than two (2) inches in diameter to be measured at ground level up to 6 inches DBH

5. Vertical Clearance –The minimum height of pruning cuts measured from the highest point of travel-way/road or otherwise identified

6. Horizontal clearance- the minimum parameters established for brush, small tree and branch removal.

7. Tree pruning – The selective removal of tree parts to meet specific goals and objectives (as defined per ANSI A-300).

8. Emergency work – Immediate response required – Not a component of this IFB.

mailto:kim.dobra@vdot.virginia.gov

Hourly Tree Trimming

9. Planned – Routes/Work specifically identified within the IFB. Not a component of this IFB

10. Unplanned – Routes/Work identified after the award of this IFB.

11. Shoulder Mile- Measured length along one side of the edge of travel way.

12. Satisfactorily Completed- All work has been completed by the Contractor in accordance with the specifications herein.

This includes inspection by VDOT, rework (if required by the Contractor) and validation by VDOT.

V. SPECIFICATIONS / CONTRACT REQUIREMENTS:

A. SCOPE OF WORK : The Contractor shall furnish all supervision, labor, equipment, fuel, and traffic control, to include all equipment and flaggers as required per the most recent version of the Virginia Work Area Protection

Manual (VWAPM) ,the VDOT IIM-TE-386.1 Portable Temporary Rumble Strips http://www.virginiadot.org/business/resources//IIM/TE-386_USE_OF_PTRS.pdf and any other incidentals necessary to meet the requirements stated within. The work shall consist of tree pruning and/or brush removal, small tree removal and disposal of all generated debris unless otherwise directed.. The Contractor shall be capable of commencing work within ten (10) calendar days of award of this IFB. The Contractor shall complete the work as identified by Work

Order(s) and shall be responsible to mobilize the proper resources to accomplish the work.

B. HOURLY BASED SPECIFICATIONS:

1. All work shall be performed in accordance with the current edition of ANSI Z133.1–Safety Requirements for

Arboricultural Operations, ANSI A300 Pruning Standard and Best Management Practices - Tree Pruning

(companion publication to the ANSI A300 Pruning Standard) and the Virginia Tree Policy and Safety Operation

Procedures 16VAC25- 73-10. The contractor shall follow all regulations, standards, and procedures in accordance with the Administrative Regulation Manual part III, Occupational Safety and Health Standards, 16VAC25-60-

120 and 16VAC25-60-130 of the Virginia department of Labor and Industry and the OHSA Standards for General

Industry Part 191.67(2)(viii).

2. All work shall be performed within the VDOT maintained right-of-way and VDOT properties. No work shall be performed on the adjacent private property without obtaining the property owner’s written permission prior to the work being done. Documentation of such permission shall consist of a VDOT Right of Entry Form signed by the adjacent private property owner(s). In those instances where the property owner(s) will not authorize access to the private property, pruning must not extend beyond VDOT’s right-of-way. It is understood that there may be instances where proper cuts may not be possible in order to remain on VDOT property. VDOT will obtain and provide documentation.

3. A minimum of one (1) and a maximum of three (3) 5-person crew(s) with required equipment when requested to provide for unplanned tree pruning services and/or small tree or brush removal to maintain desired vertical/horizontal clearances and to respond to safety-related issues. Specific locations are unknown.

4. Hourly response crews shall be available to report to the job site upon written VDOT request within three (3) business days, unless otherwise agreed to at a later start date/time, submitted at the time of VDOT’s Work Order

Request. Contractor shall acknowledge via email, receipt of VDOT’s written request within 24 hours.

5. VDOT will make every effort to provide a sufficient quantity of work when services are requested.

6. The Contractor may be paid two (2) hours show-up time for the services requested, if the Contractor’s entire crew(s) with required equipment is on site and unable to perform the work due to circumstances approved by the

Contract Administrator/Monitor (i.e. inclement weather). VDOT reserves the right to determine if the Contractor qualifies for show-up time.

http://www.virginiadot.org/business/resources/IIM/TE-386_USE_OF_PTRS.pdf

Hourly Tree Trimming

7. Equipment:

a. All equipment and vehicles shall arrive at the work site fueled and properly operational/ready to work and shall consist of (at minimum):

(1) 34-40ft in height (minimum) Bucket Truck (with or without dump /chip body), with climber capability for anything that the bucket truck is unable to reach.

No vans with buckets will be allowed.

(2) Brush Chipper capable of chipping up to 12” diameter limbs

(3) Chip-box Dump Truck, capable of holding 12 cubic yards minimum

(4) Operable saws and tree pruning tools to furnish a five (5) person crew. All necessary tools to maintain and leave a clear roadway when completed.

(5) All signs, sign stands and other traffic control items per the VWAPM. (The costs for all signs, sign stands, channelizing devices and other traffic control items are to be included in the cost of other items).

(6) All trucks shall be equipped with a minimum of one (1) rotating amber light or high intensity strobe lights mounted on each vehicle, visible from 360 degrees, and shall be in accordance with the most current edition of the VWAPM.

(7) Additional equipment when required by the VWAPM:

Truck Mounted Attenuator (TMA) with Arrow Board, Trailer Mounted “Electronic Arrow Board”

b. In the event the Contractor fails to provide or maintain the minimum 5-person crew, traffic control and all required equipment, work operations will not be allowed and no payment will be authorized.

c. No payment will be allowed for dumping of chips, equipment downtime, repairs, fueling or maintaining equipment.

8. Portable Temporary Rumble Strips: This work may consist of employing Portable Temporary Rumble Strips

(PTRS) in support of work-zone flagging operations at locations or times designated herein, in the WAPM, VDOT

IIM-TE-386.1 , or as directed by VDOT representative. IIM-TE-386.1 provides additional requirements and guidance beyond what is shown in the Virginia Work Area Protection Manual (VWAPM) for flagging operations on two-lane roadways.

The Contractor shall only use Portable Temporary Rumble Strips (PTRS) that are listed on the most current

VIRGINIA DOT Pre-Approved Traffic Control Device Listing. The list may be accessed at:

https://www.virginiadot.org/business/resources/TCD-Pre-Approved-Listing-2021-08-24.pdf. Currently there is only one approved product.

The cost of Portable Temporary Rumble Strips (PTRS) shall be included in the cost of other items.

http://www.virginiadot.org/business/resources/TCD-Pre-Approved-Listing-2021-08-24.pdf http://www.virginiadot.org/business/resources/TCD-Pre-Approved-Listing-2021-08-24.pdf

Hourly Tree Trimming

C. Personnel:

1. International Society of Arboriculture (ISA) Certified Arborist:

For the term of the contract, the Contractor shall employ (on staff) or engage (on contract), an Arborist who is currently certified by the ISA and will represent the Contractor. The Arborist must be available to meet with a VDOT representative, as mutually agreed, to consult at any time during the term of the contract. The

Arborist shall be available to meet on site and within 24 hours of notification by the Contract Administrator for dispute or performance resolution and shall provide the necessary guidance to the Contractor to ensure work product is performed in accordance with the contract. Bidder shall be required to provide a copy of the Arborist’s current certification along with their bid or be capable of providing within 48 hours of request of the Contract Officer. The Contractor will be required to maintain on file with VDOT the current

Arborist certification for the duration of the contract. The cost shall be included in the 5-member crew hourly line item.

2. Contractor’s Capacity To Perform: The Contractor shall be responsible for having sufficient and adequately qualified personnel and equipment available throughout the contract period to perform the services.

3. Contractor’s Personnel: The Contractor shall be responsible for the conduct of all Contractor’s and

Subcontractor’s personnel while at the work site. The Contractor’s and Subcontractor’s personnel shall at all times communicate with the traveling public, landowners and citizens throughout the Residency in a courteous and respectful manner. The Contractor’s personnel shall refer all public questions concerning work planned, performed or promised to the Contract Administrator/Contract Monitor.

4. Contact Person: The Contractor shall assign an individual as the Supervision Representative whose name and cellular phone number shall be required prior to commencement of any work activities. The cellular telephone shall be capable of operating throughout the area covered under this contract and be able to communicate effectively with Contract Administrator.

5. Supervision: The Supervision Representative shall be responsible for assigning and coordinating work, processing daily reports, (as necessary) and handling general contract performance issues. All costs incurred for the Contractor’s Supervision Representative to review future work assignments with VDOT shall be the sole responsibility of the Contractor.

6. Flagging Certification: The Contractor shall ensure that any member of the crew to be utilized as a “flagger” shall be certified in the VDOT Flagging Certification Program or the American Traffic Safety Services

Association (ATSSA) Flagger Certification Program and maintain a valid certification throughout the contract period. The VDOT or ATSSA flagging certification card must be in their possession at all times.

Flaggers found not in possession of a Certification card or performing their duties improperly shall not be allowed to perform work and the operation will be shut down. VDOT will inspect on a regular basis to ensure that flaggers have their Certification cards. Additionally, any crewmember that is used as a flagger shall be able to communicate to the traveling public in English while performing their job duty as a flagger at the flagger station as required in Section 6E.01 of the VWAPM. The cost for flaggers shall be included in the hourly rate for a 5-member crew and equipment.

7. Communication: The Contractor’s Supervision Representative and at least one (1) crewmember on each crew shall be capable of communicating (both verbally and in writing) and comprehending the English language. Contractor’s Supervision Representative and the designated crewmember shall be capable of communicating instructions to the other crewmembers. The English used by this person must be understandable by VDOT personnel.

8. Appearance: Any person working under this contract shall be dressed appropriately at all times. Proper dress shall include long pants (slacks) and shirts or blouses with sleeves.

Hourly Tree Trimming

D. MANNER OF CONDUCTING WORK AT THE JOB SITE:

1. Delivery and Parking: There shall be no storage of vehicles, equipment or materials within VDOT property/right-of-way without specific written permission from the CA.

2. Work Hours: All work shall be performed Monday through Friday, excluding observed Virginia state holidays, during daylight hours (1/2 hour after sunrise until ½ hour before sunset) and weather conditions permitting, unless otherwise approved by the CA.

3. Cleanup/Disposal: All debris generated in the performance of this contract is the responsibility of the

Contractor and shall be removed from the right-of-way each day and properly disposed of by Contractor, unless otherwise allowed by the CA. Disposal costs shall be included in the bid price. Debris shall be kept off the traveled portions and shoulders of the roadway, as work progresses.

4. Coordination and Notification of Work: The Contractor shall submit a completed VDOT provided report form that lists the start and end time, total hours worked, and equipment used on each workday and Shoulder

Miles Completed-for the purpose of tracking production. The form will be verified daily and mutually agreed upon and signed by the Contractor and VDOT Contract Administrator/Contract Monitor at the end of each workday. The daily record sheet must be used by VDOT to process the Contractor’s invoices.

5. Transportation Operations Centers: The Contractor shall notify the Transportation Operations Center

(TOC) for “VA Traffic” notification. The TOC Contact Number: (804) 796-4520. Work zones on all roads are required to be called in to the TOC. Notifications to the TOC shall be made prior to 8:00 AM each day.

The Contractor shall immediately provide notification to the TOC for any accident that occurs within the work zone or for any personal injury which requires off-site medical attention (notification shall also be immediately made to the CA/CM). The Transportation Operations Centers will request the following information from the Contractor: Route, county, location (termini), lane impacted (EBL, SBL, etc.), and cell phone number.

Failure to provide notification to the Transportation Operations Centers may be cause for default action or contract termination

Lane Closure Advisory Management System: The Contractor shall be required to comply with VDOT

Lane Closure Advisory & Management System (LCAMS). Training and data entry shall be the responsibility of the Contractor for roadways that require lane closure notifications. The Contractor shall have a minimum of two (2) individuals trained to input lane closures into the LCAMS system. Training shall be completed within thirty (30) calendar days of issuance of Notice to Award. Further information regarding training opportunities may be obtained by contacting Sharod Taylor at 804-609-5338, sharod.taylor@vdot.virginia.gov There will be no separate pay item for the training.

6. Accident and Injuries: The Contractor shall immediately notify the CM for any accident that occurs within the work zone or for any personal injury which requires off-site medical treatment.

E. METHOD OF ORDERING WORK

1. All work shall only commence upon written notification, which will be in the form of a Purchase Order (PO).

One (1) PO will be issued per year. The PO is for billing purposes only. There is no guarantee of minimum or maximum quantities as shown. At the end of the contract year, the PO will be adjusted to match the actual quantities requested and performed.

2. The CA will submit a request to the Contractor for hourly work via email containing the starting date and times of operation. The Contractor shall respond via email to the CA request for hourly work within 24 hours of being contacted. Starting date and times of the operations will be determined as stated or upon mutual agreement.

mailto:sharod.taylor@vdot.virginia.gov

Hourly Tree Trimming

3. Continuous Operations Requirement: The Contractor shall provide a continuous operation once they commence work until VDOT releases the Contractor. If work is not continuous, a Procurement Complaint Form may be issued which may ultimately result in the default of the contract.

4. Contractor’s Failure to Report: If the Contractor fails to commence work at the mutually agreed upon time, they may be considered in default and held responsible for any resulting additional purchase and administrative costs in accordance with the General Terms and Conditions Paragraph P.

5. Once a crew commences work, the Contractor must notify VDOT 48 hours prior to changing an entire crew or 48 hours prior to changing the Supervisor of a crew.

VI. MANDATORY PREBID TELECONFERENCE: A mandatory prebid teleconference will be hosted by the Contract Officer at 10:00 AM EST on December 20, 2022. The conference will begin promptly at the time indicated. If you plan to participate in the Mandatory pre-bid teleconference you must provide the following information via email to kim.dobra@vdot.virginia.gov no later than 5:00 PM on the business day prior to the scheduled conference.

Solicitation Number and Title

Company Name and Address

Representative Name, Phone Number, Email Address.

At the start of the conference the Contract Officer will conduct a roll call to identify the individuals participating on the call.

Participants will be requested to provide their names, company and contact information during the roll call. Participants who did not provide their information in advance will be requested to provide their name, company and contact information during the roll call. Bids will only be accepted from those Bidders who are represented and make their participation known to the

Contract Officer during the teleconference roll call.

This conference can be accessed with the below dial-in information:

Dial 1-318-536-1002

Enter Meeting PIN ID: 648 034 918#

Or, this conference can be accessed by downloading the free Google Meet App on your smart device.

From the Google App, click on “Join a Meeting”

Enter meeting code: stw-xhbe-rar

Then select “Join Now”

Due to the importance of all bidders having a clear understanding of the specifications/scope of work and requirements of this solicitation, participation at this teleconference will be a prerequisite for submitting a bid.

The purpose of this conference is to allow potential bidders an opportunity to present questions and obtain clarification relative to any facet of this solicitation.

Have a copy of the solicitation with you. Any changes resulting from this conference will be issued in a written addendum to the solicitation.

VII. METHOD FOR PAYMENT:

A. Payment will be made (in accordance with the Virginia Prompt Payment Act) within 30 days after receipt of valid invoice and verification of satisfactory goods received and/or completion of work. Invoices shall be submitted to the address listed below for all items completed within the designated billing period.

B. Payment will be made via check, ACH, or EDI. Payment may also be made via P-Card for invoices within the P-Card limit if the Contractor accepts the State’s Small Purchase Charge Card. For questions about eVA please contact eVA Customer

Hourly Tree Trimming

Care center at eVACustomerCare@DGS.Virginia.gov. For questions about electronic payments please contact DOA at

(804) 692-0473 or via email at: edi@doa.virginia.gov.

C. Work performed will be measured and paid based on the Bid Price by the hour, (which shall be full compensation) per the attached Pricing Schedule, to the one-quarter hour. Payment for hourly work shall begin when the Contractor is actively engaged in trimming/pruning operations and shall end once the Contractor finishes trimming/pruning operations activities for the workday. No payment is allowable for breaks/meals or work zone setup/takedown.

VIII. INVOICING:

Invoices shall be submitted twice per month, for routes completed from the 1st through the 15th and from the 16th through the end of the month, to the address and section listed below. Invoices shall include the copies of the daily record sheet, contract number, purchase order number, itemized quantities, unit price, and extended costs based on the contract pricing schedule. No payment will be made for work in progress on the prescribed payment dates. Work completed will be verified in writing by a

VDOT Representative and Contractor Foreman on an agreeable format.

Virginia Department of Transportation

3301 Speeks Drive

Midlothian, VA 23112

Attn: Kelly True

IX. BIDDER’S INSTRUCTIONS and PUBLIC BID OPENING

1. BID SUBMISSION – INSTRUCTIONS:

All bids must be submitted electronically online via eVA using the Bidder’s established eVA Supplier Account. The entire bid response including any / all attachments and any / all addenda must be submitted electronically in eVA no later than the closing date and time stated on the electronic solicitation posting. Faxed, emailed, mailed or hand-delivered bids will not be accepted.

To submit an online bid, please refer to the online bidding instructions at:

https://dgs.virginia.gov/globalassets/business-units/dps/documents/vbo/online-bidding-instructions-ifb.pdf

It is the responsibility of the Bidder to ensure the bid and all required attachments are properly completed, readable and uploaded to eVA by the date and time deadline stated on the electronic solicitation posting. Bidders should allow sufficient time to account for any technical difficulties they may encounter during online submission or uploading of documents. In the event of technical difficulties, suppliers should contact eVA Customer Care at 1 -866-289-7367 or via email at eVACustomerCare@DGS.Virginia.gov.

2. PUBLIC BID OPENING:

Bids will be opened at the time stated on the reminders page of the electronic posting of this solicitation, and their contents per the Virginia Public Procurement Act and Commonwealth of Virginia Vendors Manual, will be made public for the information of bidders and others interested.

A public bid opening via teleconference will be hosted by a VDOT representative at 2:00 PM EST on January 3, 2023.

The conference can be accessed with the below dial-in information:

Call 1-413-276-7342

Meeting PIN ID: 400 865 266#

Additionally, the conference can be accessed by downloading the free Google Meet App on your smart phone.

mailto:eVACustomerCare@DGS.Virginia.gov mailto:edi@doa.virginia.gov mailto:eVACustomerCare@DGS.Virginia.gov

Hourly Tree Trimming

From the Google Meet App, click on “Join a Meeting”

Enter meeting code: wkz-hnrf-iie

Then select “Join Now”

The bid opening will begin promptly at the time indicated. At the start of the conference the VDOT Representative will conduct a roll call to identify the individuals participating on the call. Participants will be requested to provide their names, company and contact information during the roll call.

If you are unable to access the teleconference at the scheduled time please contact the Contract Officer via email and a bid reading will be provided.

The provisions of § 2.2-4342 of the Code of Virginia, as amended, shall be applicable to the inspection of bids received.

X. GENERAL TERMS AND CONDITIONS:

A. VENDORS MANUAL: This solicitation is subject to the provisions of the Commonwealth of Virginia Vendors Manual and any changes or revisions thereto, which are hereby incorporated into this contract in their entirety. The process for filing a complaint about this solicitation is in section 7.13 of the Vendors Manual. (Note section 7.13 does not apply to protests of awards or formal contractual claims.) The procedure for filing contractual claims is in section 7.19 of the Vendors Manual. A copy of the manual is normally available for review at the purchasing office and is accessible on the Internet at www.eva.virginia.gov under “I Sell To

Virginia”.

B. APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia, without regard to its choice of law provisions, and any litigation with respect thereto shall be brought in the circuit courts of the Commonwealth. The agency and the contractor are encouraged to resolve any issues in controversy arising from the award of the contract or any contractual dispute using Alternative Dispute Resolution (ADR) procedures (Code of Virginia, § 2.2-4366). ADR procedures are described in Chapter 9 of the Vendors Manual. The contractor shall comply with all applicable federal, state and local laws, rules and regulations.

C. ANTI-DISCRIMINATION: By submitting their bids, bidders certify to the Commonwealth that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and § 2.2-4311 of the

Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender sexual orientation, gender identity, or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia, § 2.2-4343.1E).

In every contract over $10,000 the provisions in 1. and 2. below apply:

1. During the performance of this contract, the contractor agrees as follows:

a. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

b. The contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such contractor is an equal opportunity employer.

c. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.

http://www.eva.virginia.gov/

Hourly Tree Trimming

d. If the contractor employs more than five employees, the contractor shall (i) provide annual training on the contractor's sexual harassment policy to all supervisors and employees providing services in the Commonwealth, except such supervisors or employees that are required to complete sexual harassment training provided by the Department of

Human Resource Management, and (ii) post the contractor's sexual harassment policy in (a) a conspicuous public place in each building located in the Commonwealth that the contractor owns or leases for business purposes and (b) the contractor's employee handbook.

e. The requirements of these provisions 1. and 2. are a material part of the contract. If the Contractor violates one of these provisions, the Commonwealth may terminate the affected part of this contract for breach, or at its option, the whole contract. Violation of one of these provisions may also result in debarment from State contracting regardless of whether the specific contract is terminated.

f. In accordance with Executive Order 61 (2017), a prohibition on discrimination by the contractor, in its employment practices, subcontracting practices, and delivery of goods or services, on the basis of race, sex, color, national origin, religion, sexual orientation, gender identity, age, political affiliation, disability, or veteran status, is hereby incorporated in this contract.

2. The contractor will include the provisions of 1. above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

D. ETHICS IN PUBLIC CONTRACTING: By submitting their bids, bidders certify that their bids are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other bidder, supplier, manufacturer or subcontractor in connection with their bid, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

E. IMMIGRATION REFORM AND CONTROL ACT OF 1986: By entering into a written contract with the Commonwealth of

Virginia, the Contractor certifies that the Contractor does not, and shall not during the performance of the contract for goods and services in the Commonwealth, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control

Act of 1986.

F. DEBARMENT STATUS: By participating in this procurement, the vendor certifies that they are not currently debarred by the

Commonwealth of Virginia from submitting a response for the type of goods and/or services covered by this solicitation. Vendor further certifies that they are not debarred from filling any order or accepting any resulting order, or that they are an agent of any person or entity that is currently debarred by the Commonwealth of Virginia.

If a vendor is created or used for the purpose of circumventing a debarment decision against another vendor, the non-debarred vendor will be debarred for the same time period as the debarred vendor.

G. ANTITRUST: By entering into a contract, the contractor conveys, sells, assigns, and transfers to the Commonwealth of Virginia all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United

States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by the Commonwealth of Virginia under said contract.

H. MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS FOR IFBs Failure to submit a bid on the official state form provided for that purpose shall be a cause for rejection of the bid. Modification of or additions to any portion of the

Invitation for Bids may be cause for rejection of the bid; however, the Commonwealth reserves the right to decide, on a case by case basis, in its sole discretion, whether to reject such a bid as nonresponsive. As a precondition to its acceptance, the

Commonwealth may, in its sole discretion, request that the bidder withdraw or modify nonresponsive portions of a bid which do not affect quality, quantity, price, or delivery. No modification of or addition to the provisions of the contract shall be effective unless reduced to writing and signed by the parties.

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I. CLARIFICATION OF TERMS: If any prospective(bidder has questions about the specifications or other solicitation documents, the prospective bidder should contact the buyer whose name appears on the face of the solicitation no later than five working days before the due date. Any revisions to the solicitation will be made only by addendum issued by the buyer.

J. PAYMENT:

1. To Prime Contractor:

a. Invoices for items ordered, delivered and accepted shall be submitted by the contractor directly to the payment address shown on the purchase order/contract. All invoices shall show the state contract number and/or purchase order number; social security number (for individual contractors) or the federal employer identification number

(for proprietorships, partnerships, and corporations).

b. Any payment terms requiring payment in less than 30 days will be regarded as requiring payment 30 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 30 days, however.

c. All goods or services provided under this contract or purchase order, that are to be paid for with public funds, shall be billed by the contractor at the contract price, regardless of which public agency is being billed.

d. The following shall be deemed to be the date of payment: the date of postmark in all cases where payment is made by mail, or when offset proceedings have been instituted as authorized under the Virginia Debt Collection Act.

e. Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges. Charges which appear to be unreasonable will be resolved in accordance with Code of Virginia, § 2.2-4363 and -4364. Upon determining that invoiced charges are not reasonable, the Commonwealth shall notify the contractor of defects or improprieties in invoices within fifteen (15) days as required in Code of Virginia, § 2.2-4351.,. The provisions of this section do not relieve an agency of its prompt payment obligations with respect to those charges which are not in dispute

(Code of Virginia, § 2.2-4363).

2. To Subcontractors:

a. Within seven (7) days of the contractor’s receipt of payment from the Commonwealth, a contractor awarded a contract under this solicitation is hereby obligated:

(1) To pay the subcontractor(s) for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or

(2) To notify the agency and the subcontractor(s), in writing, of the contractor’s intention to withhold payment and the reason.

b. The contractor is obligated to pay the subcontractor(s) interest at the rate of one percent per month (unless otherwise provided under the terms of the contract) on all amounts owed by the contractor that remain unpaid seven (7) days following receipt of payment from the Commonwealth, except for amounts withheld as stated in (2) above. The date of mailing of any payment by U. S. Mail is deemed to be payment to the addressee. These provisions apply to each sub-tier contractor performing under the primary contract. A contractor’s obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of the Commonwealth.

3. Each prime contractor who wins an award in which provision of a SWaM procurement plan is a condition to the award, shall deliver to the contracting agency or institution, on or before request for final payment, evidence and certification of compliance (subject only to insubstantial shortfalls and to shortfalls arising from subcontractor default) with the SWaM procurement plan. Final payment under the contract in question may be withheld until such certification is delivered and, if necessary, confirmed by the agency or institution, or other appropriate penalties may be assessed in lieu of withholding such payment.

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4. The Commonwealth of Virginia encourages contractors and subcontractors to accept electronic and credit card payments.

K. PRECEDENCE OF TERMS: The following General Terms and Conditions VENDORS MANUAL, APPLICABLE LAWS AND

COURTS, ANTI-DISCRIMINATION, ETHICS IN PUBLIC CONTRACTING, IMMIGRATION REFORM AND CONTROL

ACT OF 1986, DEBARMENT STATUS, ANTITRUST, MANDATORY USE OF STATE FORM AND TERMS AND

CONDITIONS, CLARIFICATION OF TERMS, PAYMENT shall apply in all instances. In the event there is a conflict between any of the other General Terms and Conditions and any Special Terms and Conditions in this solicitation, the Special Terms and

Conditions shall apply.

L. QUALIFICATIONS OF BIDDERS: The Commonwealth may make such reasonable investigations as deemed proper and necessary to determine the ability of the bidder to perform the services/furnish the goods and the bidder shall furnish to the

Commonwealth all such information and data for this purpose as may be requested. The Commonwealth reserves the right to inspect bidder’s physical facilities prior to award to satisfy questions regarding the bidder’s capabilities. The Commonwealth further reserves the right to reject any bid if the evidence submitted by, or investigations of, such bidder fails to satisfy the

Commonwealth that such bidder is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.

M. TESTING AND INSPECTION: The Commonwealth reserves the right to conduct any test/inspection it may deem advisable to assure goods and services conform to the specifications.

N. ASSIGNMENT OF CONTRACT: A contract shall not be assignable by the contractor in whole or in part without the written consent of the Commonwealth.

O. CHANGES TO THE CONTRACT: Changes can be made to the contract in any of the following ways:

1. The parties may agree in writing to modify the terms, conditions, or scope of the contract. Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the contract award. Any increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.

2. The Purchasing Agency may order changes within the general scope of the contract at any time by written notice to the contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The contractor shall comply with the notice upon receipt, unless the contractor intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the contractor shall, in writing, promptly notify the Purchasing Agency of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Purchasing Agency's written decision affirming, modifying, or revoking the prior written notice. If the Purchasing Agency decides to issue a notice that requires an adjustment to compensation, the contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Purchasing Agency a credit for any savings. Said compensation shall be determined by one of the following methods:

a. By mutual agreement between the parties in writing; or

b. By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the contractor accounts for the number of units of work performed, subject to the Purchasing Agency’s right to audit the contractor’s records and/or to determine the correct number of units independently; or

c. By ordering the contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor shall present the Purchasing Agency with all vouchers and records of expenses incurred and savings realized. The Purchasing Agency shall have the right to audit the records of the contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Purchasing Agency within thirty (30) days from the date of receipt of the written order from the Purchasing Agency. If the parties fail to agree on an amount of

Hourly Tree Trimming adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor from promptly complying with the changes ordered by the Purchasing Agency or with the performance of the contract generally.

P. DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the

Commonwealth, after due oral or written notice, may procure them from other sources and hold the contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the

Commonwealth may have.

Q. TAXES: OMITTED.

R. USE OF BRAND NAMES: OMITTED.

S. TRANSPORTATION AND PACKAGING: OMITTED.

T. INSURANCE: By signing and submitting a bid under this solicitation, the bidder certifies that if awarded the contract, it will have the following insurance coverage at the time the contract is awarded. For construction contracts, if any subcontractors are involved, the subcontractor will have workers’ compensation insurance in accordance with §§ 2.2-4332 and 65.2-800 et seq. of the Code of

Virginia. The bidder further certifies that the contractor and any subcontractors will maintain these insurance coverage during the entire term of the contract and that all coverage will be provided by companies authorized to sell insurance in Virginia by the

Virginia State Corporation Commission.

MINIMUM INSURANCE COVERAGES AND LIMITS:

1. Workers’ Compensation - Statutory requirements and benefits. Coverage is compulsory for employers of three or more employees, to include the employer. Contractors who fail to notify the Commonwealth of increases in the number of employees that change their workers’ compensation requirements under the Code of Virginia during the course of the contract shall be in noncompliance with the contract.

2. Employer’s Liability - $100,000.

3. Commercial General Liability - $1,000,000 per occurrence and $2,000,000 in the aggregate. Commercial General Liability is to include bodily injury and property damage, personal injury and advertising injury, products and completed operations coverage. The Commonwealth of Virginia shall be added as an additional insured to the policy by an endorsement.

4. Automobile Liability - $1,000,000 combined single limit. (Required only if a motor vehicle not owned by the Commonwealth is to be used in the contract. Contractor must assure that the required coverage is maintained by the Contractor (or third party owner of such motor vehicle.)

U. ANNOUNCEMENT OF AWARD: Upon the award or the announcement of the decision to award a contract as a result of this solicitation, the purchasing agency will publicly post such notice in eVA (www.eva.virginia.gov) for a minimum of 10 days.

V. DRUG-FREE WORKPLACE: During the performance of this contract, the contractor agrees to (i) provide a drug-free workplace for the contractor's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

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For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific…