For more information, please visit our online supplier portal, located at https://procurement.opengov.com/portal/frederickcountymd

FREDERICK COUNTY, MARYLAND

OFFICE OF

PROCUREMENT & CONTRACTING

Winchester Hall, Second Floor 12 East Church Street

Frederick, Maryland 21701

INVITATION FOR BID (IFB) #27-210

Tree Trimming Maintenance

Bid Due Date:

Thursday, October 8, 2026, 2:00 pm

Buyer: Cyré Scurry Phone: (240) 674-7475

Email: cscurry1@frederickcountymd.gov

Invitation For Bid #27-210 Title: Tree Trimming Maintenance

Table Of Contents

1. EVENT SUMMARY

2. DEFINITIONS

3. PRE-BID CONFERENCE

4. SITE VISIT

5. INQUIRIES AND ADDENDA

6. GENERAL CONDITIONS

7. SPECIAL CONDITIONS

8. SPECIFICATIONS

9. SUBMISSION REQUIREMENTS

10. INSURANCE REQUIREMENTS

11. BID PROPOSAL

12. VENDOR QUESTIONNAIRE

Attachments:

A - SAMPLE_-_Agreement

IMPORTANT: ADVISE THE PROCUREMENT AND CONTRACTING OFFICE IMMEDIATELY IF ANY OF THE ABOVE

DOCUMENTS ARE NOT ENCLOSED

1. EVENT SUMMARY

IFB Number: 27-210

IFB Name: Tree Trimming Maintenance

Buyer: Cyré Scurry, Procurement Analyst I cscurry1@frederickcountymd.gov

(240) 674-7475

Bid Submission:

https://procurement.opengov.com/portal/frederickcountymd/projects/299243 Note: Only electronic submissions will be accepted. PLEASE NOTE THAT

REGISTRATION WILL TAKE TWO (2) BUSINESS DAYS.

Agreement Term:

One (1) year

Payment Terms:

Net 30

Grant Funding:

No

Bid Deposit: No, Bid Deposit Amount is not applicable.

Performance Bond:

No, Performance Bond Amount is not applicable.

Payment Bond:

No, Payment Bond Amount is not applicable.

Issue Date: September 17, 2026

Pre-Bid Conference (Non-Mandatory): September 25, 2026, 2:00pm https://teams.microsoft.com/meet/291281 238858686?p=SVZxxhrKHY1vontR4U

Questions Due: October 1, 2026, 4:00pm

IFB Due: October 8, 2026, 2:00pm https://procurement.opengov.com/portal/frederickcountymd/projects/299243 https://teams.microsoft.com/meet/291281238858686?p=SVZxxhrKHY1vontR4U

* Be advised: If County administrative offices have been officially closed for any reason, the Pre- Bid Conference will be rescheduled via Addenda posted on the website the morning after the closing event.

** Be advised: In the event that County administrative offices are closed or delayed on the date that submissions are due, the solicitation will be opened the next business day at the same time indicated in the Event Summary section at the front of this document.

2. DEFINITIONS

A. Addenda – Formal alteration of a solicitation or Agreement in writing (When applicable, Addenda are available on the Office of Procurement & Contracting website.)

B. Agreement – The Invitation for Bid Documents and any addenda, the Contractor’s response to this solicitation, and subsequent Purchase Orders

C. Alternate Bids – A second bid for a single item that intentionally offers a substitute product or service that varies from the stated specifications

D. ANSI – American National Standards Institute

E. ATSSA – American Traffic Safety Services Association

F. Bid – All information submitted by the Contractor in response to this solicitation

G. Bidder – Any entity that submits a response to this solicitation

H. Buyer – The County’s Office of Procurement & Contracting Representative for the solicitation and/or the resulting Agreement

I. Contractor – Any bidder; most often the successful bidder

J. County – Frederick County, Maryland

K. Declared Emergency – when the County is empowered to perform actions not normally permitted or scheduled in advance. This may be due to multiple incidents that require action and additional assistant is warranted

L. Designee – Specifically appointed alternate signatory or decision maker

M. Interested Party – An actual or prospective bidder or Contractor that may be interested in the award of a contract

N. Invitation For Bid (IFB) – All documents identified in the Table of Contents, including any addenda

O. ISA – International Society of Arboriculture

P. MUTCD – Manual on Uniform Traffic Control Devices

Q. P&C – The Office of Procurement & Contracting

R. Purchase Order – The document by which the Contractor receives formal notification to perform work or deliver goods

S. Solicitation – The Invitation for Bid

T. User Agency – County division, department, or office for which goods and/or services are being purchased

3. PRE-BID CONFERENCE

A. A Pre-Bid Conference will be held to discuss objectives and answer questions relating to this solicitation. Contractor’s attendance is not required but is strongly encouraged. Additionally, attendance may facilitate the Contractor’s understanding of the requirements.

B. It is recommended that Contractors read the solicitation prior to attending the conference and bring a copy to the conference.

C. In order to assure adequate seating at the pre-bid conference, please confirm attendance by emailing the Buyer and referencing this solicitation and number.

D. If there is a need for language interpretation and/or other special accommodations, please advise the Buyer via email so that reasonable efforts may be made to provide special accommodations.

E. https://teams.microsoft.com/meet/291281238858686?p=SVZxxhrKHY1vontR4U

F. If County administrative offices have been officially closed or delayed for any reason, the

Pre-Bid Conference will be rescheduled via Addenda posted on the website the morning after the closing event.

4. SITE VISIT

Each Contractor must completely satisfy themselves as to the exact nature and existing conditions of the site location and requirements of the specifications for extent and quality of the work to be performed. Failure to do so does not relieve the Contractor of its obligation to carry out the provisions of the contract.

5. INQUIRIES AND ADDENDA

A. The Buyer in P&C is the sole point of contact for this solicitation. Questions concerning this solicitation must be addressed in writing and submitted to the OpenGov Procurement

Portal by Thursday, October 1, 2026 at 4:00 pm.

B. Addenda to solicitations often occur prior to the bid opening, sometimes within a few hours of the opening. It is the potential Contractor’s responsibility to visit the P&C

OpenGov Procurement Portal at https://procurement.opengov.com/portal/frederickcountymd/projects/299243 to obtain Addenda.

6. GENERAL CONDITIONS

6.1. RESERVATIONS

A. The Director of P&C reserves the right to reject any or all proposals or parts of proposals when, in P&C's reasoned judgment, the public interest will be served thereby.

B. The Director of P&C may waive formalities or technicalities in proposals as the interest of the County may require.

C. The Director of P&C reserves the right to increase or decrease the quantities to be purchased at the prices offered. The quantity intended to be purchased and the period and percentage amount of any such reservation will be stated in the solicitation.

D. The Director of P&C reserves the right to award contracts or place orders on a lump sum or individual item basis, or such combination as shall, in P&C's judgment, be in the best interest of the County.

E. The Director of P&C may waive minor differences in specifications provided these differences do not violate the specification intent nor materially affect the operation for which the item or items are being purchased, nor increase the estimated cost of maintenance and repair to the County.

F. The Director of P&C may reject any proposal which shows any omission, irregularity, alteration of forms, additions not called for, conditional or unconditional unresponsiveness, or proposals obviously unbalanced.

G. Responsibility and responsiveness of any Contractor’s proposal will be determined at the sole discretion of the Director of P&C.

6.2. COMPETITION

A. A Contractor may offer only one price on each item though it may have two or more types that meet specifications. Contractors must determine for themselves which to offer. Submission by a single Contractor of more than one price for a single item shall be sufficient cause for rejection of all prices for that item submitted by the Contractor.

B. All proposals must be accompanied by descriptive literature as may be called for by the specifications or proposal. Specifications provided are based on County needs and uses, estimated costs of operation and maintenance, and other significant and/or limiting factors to meet County requirements and shall be consistent with County policies. Minimum specifications, and maximum specifications, where included, are not established arbitrarily to limit competition or to exclude otherwise competitive

Contractors.

6.3. PERIOD OF VALIDITY

Unless otherwise specified, all formal proposals submitted shall be irrevocable for 120 days following the proposal opening date, unless the Contractor agrees to an extension. Proposals may not be withdrawn during this period. The County may request an extension of the Period of Validity via email to the Contractor’s representative.

6.4. GOVERNING LAW

A. This contract shall be governed by and construed in accordance with the laws of the State of Maryland without regard to any choice of law principles that would dictate the laws of any other jurisdiction. The parties agree that the exclusive venue for any and all actions related hereto shall be the appropriate Federal or State court located within the State of

Maryland.

B. The laws of the State of Maryland and Frederick County shall govern the resolution of any issue arising in connection with the contract, including, but not limited to, all questions on the validity of the contract, the capacity of the parties to enter therein, any modification or amendment thereto, and the rights and obligations of the parties hereunder.

6.5. DISPUTE PROCEDURES

A. Upon notification of award, non-awarded Contractors may protest the process or award by utilizing the protest procedures available on the P&C website: www.frederickcountymd.gov/procurement

B. After award and during contract performance, the awarded Contractor may dispute proceedings or performance by:

1. Notifying Using Agency in writing on Contractor letterhead of the disputed issues and requesting a meeting to discuss and come to resolution with the Using Agency

Division Director.

2. If no resolution is reached, the awarded Contractor may notify P&C in writing on

Contractor letterhead of the failure to reach resolution with the Using Agency and request to meet with the Director of P&C to discuss and come to resolution.

3. If no resolution is reached, the Director of P&C may refer the matter(s) to the

Contractor’s Responsibility Board (CRB) for a hearing to reach resolution in http://www.frederickcountymd.gov/procurement accordance with the CRB policy on the P&C website: www.frederickcountymd.gov/procurement. The CRB’s written decision is the final resolution.

C. At any time during the performance of the contract, the awarded Contractor may contact the Director of P&C to request to be heard by the CRB to present information, lodge a complaint, etc.

6.6. NON-WAIVER

Any waiver of any breach of covenants herein contained to be kept and performed by the Contractor shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the County from declaring a forfeiture for any succeeding breach either of the same condition of covenant or otherwise.

6.7. COMPLIANCE WITH LAWS

A. If awarded a contract, the Contractor hereby represents and warrants that it:

1. Is qualified to do business in the State of Maryland and that it will take such action as, from time to time hereafter, may be necessary to remain so qualified;

2. Is not in arrears with respect to the payment of any monies due and owing the

County, or any department or agency thereof, including, but not limited to, the payment of taxes and employee benefits, and that it shall not become so in arrears during the term of the contract;

3. Shall comply with all federal, state, and local laws, ordinances, and legally enforceable rules and regulations applicable to its activities and obligations under the contract;

4. Shall eschew any and all forms of employment discrimination and promote equal opportunity in hiring practices as well as the selection of subcontractors for use in any of its projects;

5. Shall procure, at its expense, all licenses, permits, insurance, and governmental approvals, if any, necessary to the performance of its obligations under the contract;

and

6. Agrees that the facts and matters set forth hereafter in the contract and made a part hereof are true and correct.

7. Meets the qualifications required and years of experience stated.

http://www.frederickcountymd.gov/procurement

B. In addition to any other remedy available to the County, breach of any of the paragraphs of this clause shall, at the election of the County, be grounds for termination. Failure of the County to terminate the contract shall not be considered or construed as a waiver of such breach nor as a waiver of any rights or remedies granted or available to the County.

6.8. HOLD HARMLESS/INDEMNIFICATION

A. The Contractor shall indemnify and hold the County harmless from and against all liability and expenses, including reasonable attorney's fees, howsoever arising or incurred, alleging damage to property or injury to, or death of, any person arising out of or attributable to the Contractor's performance of the contract awarded, provided that the

Contractor shall not be responsible for acts of negligence or willful misconduct committed by the County, its employees, agents and officials.

B. Any property or work to be provided by the Contractor under this contract will remain at the Contractor's risk until written acceptance by the County; and the Contractor will replace, at Contractor's expense, all property or work damaged or destroyed by any cause whatsoever.

6.9. TERMINATION

A. Termination Prior to Expiration of Term: The County reserves the right to terminate the resulting Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract

Officer. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract

Officer. The Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the

Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer. In the event of termination without cause pursuant to this provision, the County need not provide the Contractor with the opportunity to cure.

B. Termination for Default: If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, County may take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the County shall use reasonable efforts to mitigate such damages), and County may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the County as previously stated.

C. Termination for Non-appropriation: If the County or other funding source fails to appropriate funds or if funds are not otherwise made available for continued performance for any fiscal period or part thereof of the resulting Agreement, the

Agreement shall be cancelled automatically as of the beginning of the fiscal year or part thereof for which funds were not appropriated or otherwise made available; provided, however, that this will not affect either the County's rights or the Contractor's rights under any termination clause in this Agreement. The effect of termination of the

Agreement hereunder will be to discharge both the Contractor and the County from future performance of the Contract, but not from their rights and obligations existing at the time of termination. The Contractor shall be reimbursed for the reasonable value of any non-recurring costs incurred but not amortized in the price of the Agreement. The

County shall make a good faith effort to notify the Contractor as soon as it has knowledge that funds may not be available for the continuation of this Agreement for each succeeding fiscal period or part thereof beyond the first fiscal year.

6.10. MARYLAND REGISTRATION

Contractors must be registered to do business in, and must be in good standing with, the State of Maryland. Contractors not registered must obtain registration information from the Maryland Department of Assessments and Taxation website at: http://dat.maryland.gov or by calling 410-767-1184 or Toll Free 888-246-5941.

6.11. AVAILABILITY OF FUNDS

The contractual obligation of the County under this contract is contingent upon the availability of appropriated funds from which payment for this contract can be made.

6.12. INTEGRATION AND MODIFICATION

These proposal documents, Contractor's response to this solicitation, and subsequent purchase order(s) to the successful Contractor contain the entire understanding between the parties and any additions or modifications hereto may only be made in writing executed by both parties.

6.13. NON-ASSIGNMENT OF CONTRACT

Neither the County nor the Contractor shall assign, sublet, or transfer its interest or obligations under the resulting contract to any third party, without the written consent of the other. Nothing here shall be construed to create any personal or individual liability upon any employee, officer, or elected official of the County, nor shall the resulting http://dat.maryland.gov/ contract be construed to create any rights hereunder in any person or entity other than the parties to this contract.

6.14. RESPONSIBILITY

The Contractor has the burden of demonstrating affirmatively its responsibility in connection with this solicitation, in background, history of projects, years of experience as a contracting firm, project team(s), ability, etc. A Contractor under debarment, or with documented poor performance, or with questionable reputation, or without the required years of operation, or lacking integrity or key personnel, as solely determined by the Director of P&C, may automatically be considered non-responsible in connection with this solicitation. At the sole discretion of the County, a Contractor that has previously failed to perform properly, has failed to timely complete contracts of a similar nature, has failed to complete contracts of a similar nature within budget or with an unreasonable quantity of change orders, or one that investigation reveals is unable to perform the requirements of the contract may be excluded from consideration for award. P&C may request that a Contractor provide documentation necessary for the determination of responsibility. Failure of a Contractor to provide the required documentation may exclude it from further consideration. Final determination of responsibility is determined at the sole discretion of the Director of P&C.

6.15. AFFIDAVIT

The attached affidavit is provided to facilitate compliance with the applicable law and is to be completed and returned with response.

6.16. PUBLIC INFORMATION/PROPRIETARY/CONFIDENTIAL INFORMATION

A. The County operates under the public information law, which permits access to most records and documents under the Maryland Public Information Act (MPIA).

B. Proposals will be available for public inspection after the award announcement, except to the extent that a Contractor designates trade secrets or other proprietary data to be confidential. Material designated as confidential must be readily separable from the remainder of the proposal to facilitate public inspection of the non-confidential portion of the proposal. A Contractor's designation of material as confidential will not necessarily be conclusive, and the Contractor may be required to provide justification why such material should not be disclosed, on request, under the MPIA, General Provisions Article, Sections 4-101 through 4-601 of the Annotated Code of Maryland.

6.17. COOPERATIVE PURCHASE

A. The Contractor may extend all of the terms, conditions, specifications, and unit or other prices of any award resulting from this proposal to any and all other public bodies, subdivisions, school districts, community colleges, colleges, and universities including non-public schools at its own discretion.

B. The County assumes no authority, liability or obligation, on behalf of any other public or non-public entity that may use any contract resulting from this proposal.

6.18. EXCEPTIONS

If the Contractor cannot/ will not meet the terms, conditions, and/or specifications of the solicitation, the Contractor shall furnish a statement on company letterhead providing a complete description of any exceptions to the terms, conditions, and specifications. Failure to furnish exceptions on company letterhead shall be interpreted to mean the Contractor agrees to all terms, conditions, and specifications. Exceptions taken do not obligate the County to change the terms, conditions, and/or specifications. Exceptions to the terms and/or conditions and/or to the County’s standard Agreement may be sufficient cause for rejection of the proposal. Descriptive literature may be used to clarify or be a reference to an exception; however, exceptions shall not be considered by enclosing descriptive literature in itself. The decision of the Director of P&C in accepting or rejecting an exception shall be final. If it is determined that an exception is not acceptable, the proposal may be considered non-responsive at the sole discretion of the Director of P&C.

6.19. SITE CONDITIONS

The submission of a proposal shall be considered representation that the Contractor has carefully investigated all conditions which affect or may, at some future date, affect the performance of the work or services covered by the solicitation, the entire area to be serviced as described in the solicitation, and that the Contractor is fully informed concerning the conditions to be encountered, character, quality and quantity of work to be performed, and equipment and materials to be furnished. The Contractor shall also be familiar with all Federal, State, and County laws, all codes and ordinances of the County which in any way affect the performance of the work, or persons engaged or employed in the work, or the materials and equipment used in the work.

6.20. CASH DISCOUNT

Cash discounts will be taken into consideration in determining the award. However, an offer of a cash discount must allow a reasonable period of not less than 30 days in order to be included in evaluation of the proposal pricing. A proposal offering a cash discount in a period of less than 30 days will be evaluated as a proposal without a cash discount offer. If the Contractor obtains an award by reason of their gross price, the County will hold the offer of a cash discount and make every effort to obtain such discount.

6.21. UNIT PRICES

Unless clearly shown on the proposal that it is the intent that a reduced total price is being offered on the basis of receiving an award of all items covered by the total, any totals should be the actual sum of the extension of unit prices. Otherwise, in the event of any discrepancy between a unit price(s), extended price(s), and/or total price(s), unit prices will govern and the proposal will be refigured accordingly.

6.22. CONTRACT SERVICES AGREEMENT

A. The County and Contractor may execute a Contract Services Agreement, which is attached for review, resulting from the award of this solicitation. Exceptions, if any, to the County’s standard Agreement must be noted in the proposal to be considered during consideration of award. Exceptions to the County’s standard Agreement may result in rejection of the proposal.

B. Do not fill in or sign the sample Agreement attached. The County will prepare an

Agreement specific to this solicitation for execution by the successful Contractor.

6.23. REDACTED VERSION

Contractors are encouraged to submit a redacted version of their bid submittal, redacted in accordance with Public Information/Proprietary/Confidential Information. The redacted version shall be kept in County records and utilized for future reference only if requested via the MPIA. In the event no redacted version is submitted with the Contractor’s submitted proposal, the original submitted proposal will be released in response to any MPIA. The redacted version will not be utilized in the process of award. REDACTED

VERSION WILL BE FILED AND ONLY RELEASED IN THE EVENT PROPOSER’S RESPONSES ARE

REQUESTED THROUGH MARYLAND PUBLIC INFORMATION ACT REQUEST.

6.24. AWARD NOTIFICATION

A. Award notification will be by U.S. Mail, email, phone or any combination thereof. All

Contractors that have submitted a proposal will be notified of which Contractor(s) will be awarded prior to final award.

B. The awarded Contractor(s) will be required to return an Insurance Certificate naming

Frederick County as an additional insured, the executed Agreement*, and the Maryland

Registration Certificate of Good Standing.

C. Individuals wishing to contest results of a solicitation may view procedures on the P&C website at www.FrederickCountyMD.gov/procurement.

*As Contractors have had an opportunity to note Exceptions to the Agreement with its proposal submission, execution of the Agreement will require minimal time. PLEASE BE SURE TO READ THE SAMPLE AGREEMENT (within Section Vendor Questionnaire) PRIOR

TO SUBMISSION OF THE PROPOSAL.

6.25. SYSTEM FOR AWARD MANAGEMENT (SAM)

https://www.frederickcountymd.gov/procurement

Contractors must not be presently debarred, suspended, proposed for disbarment, declared ineligible or voluntarily excluded from covered transactions with the Federal Government according to the information contained on the website SAM.gov

7. SPECIAL CONDITIONS

7.1. CONTRACTOR'S QUALIFICATIONS

A. Contractors must be engaged in tree trimming, removal planting services and shall have been actively engaged in this field for a minimum of Five (5) years. The proposing firm must meet these years of experience, at a minimum, in order to be considered for award.

B. The County reserves the right to inspect the Contractor’s equipment and to perform such investigations as may be deemed necessary to insure that competent personnel and management will be utilized in the performance of this contract.

C. Contractor must have a ISA-certified arborist.

D. Contractor must have a Maryland Roadside Tree Care Expert License.

E. Contractor must employ and provide onsite, as needed, at least one (1) Tree Care Expert licensed in the State of Maryland as well as one (1) employee with the ability to climb. One (1) of the crewmembers shall act as the working foreman and shall be fully conversant in English.

F. Contractor shall own or have ready and immediate access to all tools and equipment necessary for the performance of the work.

G. Contractor must provide regular safety training to all field employees on an on-going basis and provide documentation confirming completion of training.

H. The County reserves the right to inspect the Contractor’s equipment and to perform such investigations as may be deemed necessary to insure that competent personnel and management will be utilized in the performance of this contract.

7.2. AWARD

The County intends to make awards make one or more awards; effectively to the lowest bidding responsive and responsible Contractor(s).

The Contractor(s) must waive any claim against the County for extra compensation or damages arising out of assignment of work by the County

7.3. AGREEMENT PERIOD

The contract period shall be for 5 year(s) commencing on or about February 29, 2027 after approval and proper execution of the contract documents, with a renewal option for four additional year(s) in one-year increments, exercisable at the sole discretion of the County.

7.4. PRICE ADJUSTMENT

A. Prices offered shall be firm against any increase for one year year(s) from the effective date of this contract. Prior to the commencement of subsequent renewal periods, it shall be the Contractor’s responsibility to notify P&C in advance of the renewal date of any requested price changes. Requests made after the renewal date will not be considered.

B. Requests for price adjustments shall be submitted to P&C, not the user agency.

C. The County will entertain requests for escalation in accordance with the current

Consumer Price Index at the time of the request or up to a maximum 5% increase over the current pricing, whichever is lower. (For purposes of this section, “Consumer Price

Index” shall be the Consumer Price Index-All Urban Consumers (CPI-U), Washington-

Arlington- Alexandria, DC-VA-MD-WV, All Items, Not Seasonally Adjusted, as published by the United States Department of Labor, Bureau of Labor Statistics.) The County reserves the right to accept or reject the request for a price increase and will do so in writing. If the price increase is approved, the price increase will be effective upon written approval and will remain firm through the renewal period.

D. If a price increase is requested following contract renewal and it has been longer than one year since the last increase, the County may entertain a request for escalation if it is in the County’s best interest. If the price increase is approved, the price increase will be effective upon approval and will remain firm through the renewal period, or for one year, at the County’s sole discretion.

7.5. NON-EXCLUSIVITY

Nothing herein is intended nor shall be construed as creating any exclusive arrangement with the Contractor. This contract shall not restrict the County from acquiring similar, equal, or like goods and/or services from other entities or sources.

7.6. INSURANCE REQUIREMENTS

The Contractor shall be required to provide the insurance as outlined in Section Insurance Requirements. All documentation of insurance shall be submitted prior to contract start date. In the event that the necessary insurance cannot be obtained, the County reserves the right to revoke the contract award and award to another firm.

7.7. BILLING AND PAYMENT

A. Invoices shall be submitted as required in duplicate for all services performed to Office of

Highway Operations, Attention: Highway Operations, 331 Montevue Lane, Frederick, Maryland

B. Each invoice shall include the following information:

1. Federal Employer Identification Number (FEIN);

2. Contractor’s name and address;

3. Name of User Agency;

4. Frederick County Contract Number, if applicable;

5. Purchase Order Number;

6. Description of goods provided and/or services performed;

7. Date and length of time of each service performed, if applicable; and

8. Name of individual(s) performing the required services, if applicable.

C. Delivery tickets signed by authorized County personnel shall accompany invoice.

D. Payment shall be made upon receipt of proper invoice from the Contractor and authorized by the County.

E. The County shall not be subject to late fees, fees for use of credit card payment, or additional fees of any kind at any time during the Agreement period.

F. All amounts, costs, or prices referred to herein pursuant to this contract shall be United

States of America currency.

G. Provided that Contractor is not in default under the terms of this Agreement, Contractor shall be paid Net30.

7.8. WARRANTY

A. The Contractor warrants that provided herein to be of the highest quality, complying with the specifications and free from all defects whatsoever in workmanship and materials, for a period of one year from the date of delivery. Replacements and repairs under this warranty are to be made by the Contractor at no cost and to the satisfaction of the

County.

B. The materials supplied by the Contractor shall carry the manufacturer’s standard new material warranty.

7.9. DEFAULT

Upon non-performance or violation of the contract terms, the Contractor will be given one chance, via written communication, to correct deficiencies. Failure to correct the deficiencies stated in the written communication will be cause for the contract to be cancelled or annulled by Frederick County, Maryland in whole by written notice of default to the Contractor. An award may then be made to the next low Contractor. In either event, the defaulting Contractor (or its surety) shall be liable to the County for costs to the County in excess of the defaulted contract prices. Failure of the Contractor to deliver services within the time stipulated on its proposal, unless extended in writing by the Director of P&C shall constitute contract default. In the event that a Contractor exempted from posting a Bid or Performance Guarantee fails to execute and perform any contract awarded to it, it shall forfeit the right to respond on any future County contract for a period of time determined by the Director of P&C and it shall be liable for any costs incurred by the County as a result of its default.

7.10. REFERENCES

References will be verified by the Buyer and the results utilized as part of the determination of a Contractor’s responsibility. Any negativity or uncertainty expressed by references may be used to exclude the Contractor from further consideration for award at the sole discretion of the County. It is in the best interest of the Contractor to CONTACT THE REFERENCES IN ADVANCE to ensure that they are aware that they are being utilized as a reference for this solicitation. Contactors may not use the County as a reference. Any work history the Contractor has with the County will automatically be utilized as part of the evaluation process.

7.11. ADDITIONS/DELETIONS

The County, at its option, may add or delete like or related services as needed at the sole discretion of the Director of P&C. All specifications and requirements of this solicitation will apply to any additions made during the contract term. If more than one Contractor has been awarded: The Contractor receiving an award closest to the new site and will be among those requested to provide a quotation. Selection will be based on pricing, equipment and labor availability, performance and other factors as may be determined to be in the best interest of Frederick County.

7.12. CONTRACT

All questions must be directed to the Buyer for this solicitation. During the solicitation process which begins with the advertisement of the Invitation for Bid, and following the bid opening, Contractors are strongly cautioned not to contact elected officials or County employees regarding the award process. Contact with any entity other than P&C will be deemed as an attempt to influence the award process and will disqualify the Contractor from further consideration in the award process. Inappropriate efforts to lobby or influence individuals or Contractors involved in this bid award may result in dismissal from further consideration, at the County’s sole discretion.

8. SPECIFICATIONS

8.1. Specifications

A. Technical Specifications

1. Work to be performed under the terms of this contract includes, but is not limited to, the removal of dead, dying, or diseased trees; the correction of structural defects; crown cleaning; crown raising; crown thinning; brush removal; removal of damaged limbs or trees.

2. Hours of Work: The hours of work will include: summer hours, April through August, Monday through Thursday, 6:00 AM to 4:30 PM; and winter hours, September through March, Monday through Friday, 7:00 AM to 3:30 PM; unless otherwise specified by the County.

3. Holidays: The Contractor will not be permitted to work on the County observed holidays which include: New Year’s Day, Martin Luther King Jr. Day, Memorial Day, Juneteenth Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday following Thanksgiving Day, Christmas Eve, and Christmas Day, General Election Day.

4. Personnel:

a. All crewmembers shall be skilled in all aspects of tree pruning and tree removal according to ANSI A-300 Standards (www.oshamidatlantic.org). One (1) member of the crew shall act as the foreman and be a Licensed Tree Care Expert in the

State of Maryland and be fully conversant in English.

b. During flagging operations crewmembers shall be American Traffic Safety

Services Association (ATSSA) Certified Flaggers (www.atssa.com).The flaggers must be in possession of the ATSSA cards.

c. A copy of the Contractor’s Maryland Tree Care Expert license shall be provided with the bid submittal. The Contractor shall maintain this license throughout the contract.

5. Equipment:

a. Aerial Bucket Truck with minimum 70’ reach. The truck must be equipped with hydraulic tool capability at the working platform to include a six (6) foot hydraulic pole saw and a six (6) foot hydraulic pruner. The truck shall have a minimum ten (10) cubic yard chipper box. A second truck with a minimum capacity of eight (8) cubic yard chipper box is required.

http://www.oshamidatlantic.org/

b. Brush Chipper, 12” capacity or greater equipped with a winch at the feed chute.

c. Four (4) Chainsaws, minimum 12” to maximum 36” bar.

d. One (1) industrial use gas powered blower.

e. Two (2) Gas Power Trimmers (Pole Saws) with twelve (12) foot reach.

f. Miscellaneous hand tools to include, but not be limited to: two (2) Pole Clips

(minimum 12”); Bull Rope (minimum 150’); two (2) Climbing Ropes (minimum

120’); hand lines (minimum 150); loppers; pruning saws; hand saws; two (2) complete sets of climbing gear; scoop shovel; round shovel; rakes; brooms; and pitchforks.

g. Crew cab pickup with covered utility bed.

6. Safety:

a. Tree maintenance operations required by this contract must only be performed by qualified tree care workers, who through related training, on the job experience, or both are familiar with the practices and hazards of arboriculture and the equipment used in such practices. The above standard should not take precedence over arboricultural safe work practices. All operations must comply with applicable Occupational Safety and Health Administration Standards

(https://www.osha.gov), ANSI Z133.1, as well as state and local regulations

(http://www.dllr.state.md.us/labor/mosh).

b. Any crew member deemed to be operating in an unsafe or unprofessional manner may be removed or replaced from the crew. This will be at the discretion of the County Inspector.

c. The personal vehicles of the Contractor crew members will not be permitted to park at the work site. The only vehicles and equipment allowed at the work site shall be Contractor owned.

7. Egress and Protection of Property:

a. The work described in this specification shall be done with the least inconvenience to the County and the general public. Vehicles must have egress capabilities at all times. The amount of time that normal operations are interrupted must be kept to an absolute minimum and shall be coordinated with the County on each job.

https://www.osha.gov/ http://www.dllr.state.md.us/labor/mosh)

b. The Contractor is responsible for protecting all existing and newly installed work, materials, equipment, improvements, utilities, structures, and vegetation at all times during the course of this contract and any damage shall be repaired or replaced to the satisfaction of the County.

8. General Guidelines:

a. All terminology used, standards referred to in, and operations performed under the terms of this contract, are used and will be performed in accordance with the most recent version of the American National Standards Institute Standards;

ANSI A300, Parts 1 through 3, and ANSI Z133.1.

b. The Contractor must remove and be responsible for the disposal of all brush and debris resulting from tree removal and other maintenance operations. No additional payment will be made for this service. Wood chips may be dumped at the County landfill at no charge, by specific Contractor identifiable trucks, provided the Division of Solid Waste & Recycling is given advance notice on a daily basis.

c. The Contractor must not leave brush or debris on the right-of-way overnight. The

Contractor must rake or brush the work site clean at the conclusion of every workday.

d. Any firewood or wood chips left for any County resident are the sole responsibility of the Contractor. The Contractor must also obtain acceptance of the wood or chips, in writing, on the form provided by the County and submit it to the County promptly after the fact. Additionally, any wood or chips left must be placed a safe distance from the travel portion of the road and not block a drainage ditch or cause the Contractor to enter upon private property without written permission.

e. All wood and brush identified as diseased by the County must be removed from the site by the Contractor and must not be left for firewood or chips.

f. The County will not pay compensation for travel to the site to begin work in the morning or return travel at the conclusion of the work day. Travel compensation will be paid if job sites change during the work day.

g. Any questions as to pruning practices as well as contract productivity will be resolved by the County and its decision will be final.

h. During performance of work assigned under the terms of the contract, the

Contractor will be required to perform the appropriate pruning/ trimming/removal activity to branches that are in proximity to or interfering with utility wires providing service to individual residences (house drops). The

Contractor will not be required to work within the area adjacent to the utility line distribution system between utility poles as defined in the Maryland High

Voltage Act – www.dllr.maryland.gov/labor/mosh/electricallines.shtml .

i. No surcharges for fuel or any other items shall be charged to the County.

9. Maintenance Trimming/Pruning:

a. This pay item will be paid at an actual (lane) mileage trimmed or pruned rate.

The mileage rate must include all equipment, labor, personnel, travel, tools, fuel, maintenance, and maintenance of traffic associated with the maintenance trimming/pruning of trees and brush.

b. Maintenance trimming/pruning will consist of the removal of dead, dying, diseased, decaying, interfering, objectionable, obstructing, and weak branches.

The removal of such described branches is to include those both on the main trunk and within the crown. Maintenance trimming/pruning/removal must follow the most recent ANSI Z133.1 and A-300 standards and include the following:

i. All cuts must be made as close as possible to the trunk or parent branch, without cutting into the branch collar or leaving a protruding stub. Bark at the end of all pruning cuts should remain firmly attached.

ii. All branches too large to support with one (1) hand must be precut to avoid splitting or tearing of the bark. Where necessary, ropes or other equipment should be used to lower large branches or stubs to the ground.

iii. Sharp tools must be used so that clean cuts are made at all times.

iv. Climbing hooks or spurs shall not be used to avoid damage to the cambium layer or bark.

v. Remove the weaker or less desirable of crossed or rubbing branches. Such removal should not leave large open spaces in the general outline of the tree.

vi. Where practical, all girdling root sections will be removed.

http://www.dllr.maryland.gov/labor/mosh/electricallines.shtml

vii. The presence of any disease condition, fungus fruit bodies, decayed trunk or branches, split crotches or branches, cracks or other structural weakness must be reported to the County Inspector who will recommend proper corrective measures. All diseased wood or chips will be removed from the site by the Contractor.

viii. Crown elevation on primary roads must be at a minimum height of fifteen

(15) feet above the road surface if practical. For trees on secondary or residential roads, the minimum height must be twelve (12) feet above the road surface and nine (9) feet above sidewalks, if practical.

ix. To preserve symmetry and the esthetic appearance of the tree when trimming for road clearance, under pruning of main branches to obtain proper clearance will be used where practical, rather than the removal of entire branches back to the trunk or parent branch. However, if the limb cannot be cut back to a proper branch union that is at least one third (1/3) the diameter of the limb being removed, the entire limb shall be removed.

Also, no limb shall be cut back to another limb that is at a 90 degree angle from the limb being removed.

x. Flowering, ornamental, evergreen, and small trees not posing a hazard to road traffic must be elevated to an easy walking height over sidewalks and curbs to approximately nine (9) feet.

xi. All trees and shrubs whose branches block the view of oncoming traffic shall be trimmed back far enough to allow the clear view of oncoming traffic.

xii. All branches obstructing the view of traffic control devices (i.e., signs and traffic signals) must be removed.

xiii. Trimming for obstruction clearance must allow for one (1) year’s normal growth.

xiv. Crown reduction pruning may be necessary where there has been significant crown dieback, prior incorrect pruning, or severe storm damage. Crown reduction pruning is the reduction of top, sides, or individual limbs by the means of removal of the leader or longest portion of a limb to a lateral no less than one third (1/3) of the total diameter of the original limb.

xv. All attempts should be made to prune the tree to a shape typical of the species. Remove branches in such a manner as to leave the foliage pattern evenly distributed. In general, the top of the crown is to be higher than the sides to maintain a tree-like form.

xvi. Just enough limbs will be removed to achieve the desired effect without admitting too much sunlight to the trunk or the top side of large branches.

xvii. Wooded area pruning will be required along County maintained rights-of-way which are naturally wooded. All branches extending out over the road surface or road shoulder are to be cut back to a distance of not less than two

(2) feet from the edge of the roadway up to the appropriate clearance height over the road surface.

c. All other required maintenance trimming/pruning operations will be performed only on those portions of the tree crowns which extend over the road surface or road shoulder. In these wooded areas, mulch may be blown back into the woods at a depth not to exceed three (3) inches and will be at the direction of the

County Inspector.

10. Tree Removal:

a. This pay item will be paid at an hourly rate. The hourly rate must include all equipment, labor, personnel, travel, tools, fuel, maintenance, and maintenance of traffic associated with the removal of all of the above ground portions of a tree.

b. The County will secure, at no cost to the Contractor, all permits, such as the

Department of Natural Resources Maryland Forest Service Tree Permits.

c. The County shall obtain consent or permission for the necessary work from the property owner or public authorities having ownership or control over each tree to be removed, pruned, and/or elevated or stump removed.

d. All trees which cannot be felled without danger to traffic or injury to other plants or property shall be cut in sections from the top down.

e. The Contractor shall cut all limbs/trees six (6) inches or greater in diameter into six (6) foot sections and left on site at a safe distance off the travel portion of the roadway and free of blocking drainage ditches unless otherwise directed by the

County Inspector. All other wood and brush will be ground into chips. If the six

(6) foot sections are not claimed, they will be removed by the County.

f. The felling of trees for the purpose of removal is not permitted unless prior approval is granted by the County Inspector.

g. Assigned work shall be completed within four (4) weeks of the assigned date.

h. Work deemed high priority shall commence within twenty-four (24) hours or as determined by the County.

i. Tree removal shall be performed by or be directly supervised by a Maryland

Licensed Tree Expert under the general supervision of an ISA certified Arborist.

11. Stump Grinding:

a. Stump removal may be required at the time of tree removal and will be paid for as a separate pay item.

b. The Contractor shall be responsible for contacting Miss Utility to ensure utilities are marked prior to starting work.

c. Stump removal shall be done under the general supervision of a Maryland

Licensed Tree Expert.

d. Stumps are to be ground out to a minimum depth of six (6) inches below the finish grade of the County right-of-way. Full depth grinding may be required by the County Inspector where replacement trees are to be planted at the site.

Stumps which require full depth grinding may be invoiced at twice the submitted bid price.

e. All exposed surface roots extending from the stump are to be ground until no longer visible. Stumps which, in the opinion of the County Inspector, have excessive surface roots which require grinding to restore finish grade may be invoiced at the unit price for the next larger size class. The determination of excessive surface roots is made solely by the County Inspector whose decision will be final.

f. The Contractor will leave a sufficient supply of chips to backfill the hole at three

(3) inches above finish grade to allow for settlement. All excess chips will be removed and disposed of by the Contractor unless otherwise permitted by the

County Inspector. The Contractor is not permitted to leave wood chips on site overnight.

g. Any wood chips left for any resident shall be the sole responsibility of the

Contractor. The Contractor must also get acceptance of the wood chips, in writing, on a form provided by the County, and submit it to the County promptly after the fact. Additionally, any chips left must not cause the Contractor to enter upon private property without written permission.

h. Any potential conflicts with utilities either above or below ground are the responsibility of the Contractor to locate prior to excavation.