Tree Removal Services _ ADDENDUM 1_Redacted.pdf

REQUEST FOR BID

ANNUAL CONTRACT FOR TREE REMOVAL SERVICES

Bid Number 2020-SW-18

September 2020

CLAYTON COUNTY WATER AUTHORITY

1600 Battle Creek Road

Morrow, GA 30260

Virtual Teams Bid Opening Meeting Tuesday, November 3, 2020 at 10:00 a.m. local time

Non-Mandatory Pre-Bid Virtual Teams Meeting Tuesday, October 20, 2020 at 10:00 a.m. local time

This bid has a SLBE BID DISCOUNT

CONFORMED DOCUMENTS

Copy 1 of 2

Treeworks Services, Inc.

Primary Contractor

Clayton County Water Authority September 2020 Annual Contract for Tree Removal Services

Table of Contents i

Division 1 General Information Section 1 Request for Bids ........................................................................ 1-1.1 Section 2 Project Overview ....................................................................... 1-2.1

2.1 Intent and Purpose .................................................... 1-2.1

2.2 Bid Evaluation ........................................................... 1-2.1

2.3 Addendum ................................................................. 1-2.2

Division 2 Bid Requirements Section 1 Instructions to Bidders ............................................................... 2-1.1

Section 2 Risk Management Requirements .............................................. 2-2.1 Section 3 Bid Submittals ........................................................................... 2-3.1 Section 4 Bid Form .................................................................................... 2-4.1 Section 5 Georgia Bid Bond (Not Required)

Section 6 Bidder Qualification Information ................................................ 2-6.1 Section 7 Contractor Affidavit & Agreement .............................................. 2-7.1 Section 8 SLBE General Information ......................................................... 2-8.1

Division 3 Contract Forms Section 1 Agreement Form........................................................................ 3-1.1 Section 2 Performance Bond (Not Required) Section 3 Payment Bond (Not Required) Section 4 Non-Collusion Certificate .......................................................... 3-4.1

Division 4 Specifications

Section 1 Work Assignment and Detail ..................................................... 4-1.1

1.1 General ...................................................................... 4-1.1

1.2 Work Assignment ...................................................... 4-1.3

1.3 Work Items ................................................................ 4-1.4

Section 2 General Requirements .............................................................. 4-2.1

2.1 General ...................................................................... 4-2.1

2.2 Site Work ................................................................... 4-2.1

Attachments

Waiver and Release Upon Final Payment

W-9 Form

Vendor Form

Addenda Addendum No. 1

END OF TABLE OF CONTENTS

Division 1 General Information Section 1: Request for Bids

1-1.1

Clayton County Water Authority 1600 Battle Creek Road Morrow, Georgia 30260

Name of Project: Annual Contract for Tree Removal Services

The Clayton County Water Authority will open sealed bids from licensed contractors via a Virtual Teams Meeting on Tuesday, November 3, 2020 at 10:00 a.m. (local time) for the following project: Tree Removal Services. Any bids received after the specified time will not be considered.

A Non-Mandatory Pre-Bid Virtual Teams Meeting will be held on Tuesday, October 20, 2020 at 10:00 a.m. (local time).

Please use the following call-in instructions to attend the Pre-Bid and Bid Opening meeting:

Join Microsoft Teams Meeting +1 912-483-5368 Conference ID: 400 568 314#

CCWA encourages Small Local, Minority and Women-Owned businesses to participate and respond to this bid request.

In an effort to promote responsible environmental practices the bid package is available in electronic (Adobe PDF) format and can be requested via e-mail at CCWA_Procurement@ccwa.us, or by calling 770-960-5223, M-F, 8:00 am - 5:00 pm.

Bidders will need to provide contact information and an email address and any file size transfer limits to insure email transmittals can be made. A hardcopy bid package can also be requested at a cost of $25.

Clayton County Water Authority By: Robin Malone, Chairperson

END OF SECTION

Division 1 General Information Section 2: Project Overview

1-2.1

2.1 Intent and Purpose

The Clayton County Water Authority (CCWA) intends to contract for the annual services of an experienced contractor to complete tree removal work for the period from January 1, 2021 to December 31, 2021.

The CCWA reserves the right to award a primary contractor, as well as back-up contractor(s) to ensure that our requests under this annual contract can be performed as needed.

The work to be performed under this contract will be determined and assigned by CCWA on an “as-needed”, “when-needed” basis and will be issued in the form of a Project Work Order. A Project Work Order may include a single work item or may include a number of work items.

CCWA does not guarantee any minimum or maximum work quantities under this contract, and reserves the right to bid any similar type work of this contract as a separate procurement at its sole discretion. CCWA anticipates that the annual value of work completed through this contract will be in the range of $275,000 to $300,000.

The initial term of this contract will be for twelve (12) months. The contract may be extended for a second and third 12-month period by mutual written consent by both parties with no changes in the terms, conditions or bid prices.

2.2 Bid Evaluation

A contract will be awarded to the lowest responsive responsible bidders whose bid conforms to the Request for Bids specifications and will be the most advantageous to the CCWA. An evaluation will also be performed to ensure bidder complies with the required submittals. Determination of best responsive responsible bidder will be the sole judgment of the CCWA.

To be considered responsive to this bid, contractors are required to bid on all work items listed on the Bid Form - Pay Item Schedule.

Prior to the time of Bid Opening, CCWA will provide to each bidder, a list of “quantities”, for “selected work items, that will be used for bid evaluation purposes. CCWA will multiply the unit cost for each “selected work item” by the “quantity” to establish and “extended” amount. The addition of all “extended” amounts will determine the “total bid amount”. To obtain a copy of this list, please refer to Division 1, Section 1.

Division 1 General Information Section 2: Project Overview

1-2.2

Note that not all “work items” as shown on the Bid Form - Pay Item Schedule will be used in the bid evaluation process. Work items on the Bid Form – Pay Item Schedule not used in the award evaluation process will be examined by the CCWA to ensure that the units prices are in line with comparable items contained in this bid and that any unit price that appears to be out of line may be used by the CCWA as a basis of denial/award of the particular bid, and/or the unit price may be negotiated by CCWA. This determination will be at the sole discretion of

CCWA.

Small Local Business Enterprise (SLBE) bid discount:

This procurement has a SLBE bid discount for evaluation purposes only, which will be given to CCWA certified SLBE primes only. For more details, please refer to Division 2, Section 8 of this bid package.

2.3 Addendum

Bidders may submit questions regarding this bid prior to the bid opening. To be considered, all questions must be received via email to CCWA_Procurement@ccwa.us by 10:00 a.m. local time on Thursday, October 22, 2020. Any and all responses to bidder’s questions will be issued in the form of an Addendum via email. All addenda issued shall become part of the Bid Documents.

Division 2 Bid Requirements Section 1: Instructions to Bidders

2-1.1

These instructions are to be followed by every entity bidding to provide the Clayton County Water Authority (CCWA) with goods and/or services. These instructions constitute an integral part of the Bid, and any Bidder agrees that tender of a Bid constitutes acknowledgment and acceptance of its obligation to adhere to these instructions, which are to be incorporated into and considered part of any contract the Bidder ultimately executes with the CCWA.

1. If there is any question whatsoever regarding any portion of the specifications, it shall be the Bidder’s responsibility to seek clarification immediately from the CCWA, as early as possible prior to the bid opening. Regarding public works projects, requests for interpretations of specifications must be made in writing to the department proposing out the project not later than five (5) days prior to receipt of bids.

2. Unless it is otherwise stated in the bid documents, it shall be the responsibility of the bidder to inform itself as to all conditions of the work site and to make and take account thereof in calculating and submitting its bid. Documents may be made available by the CCWA during the bidding process; no warranty of accuracy is made in regard to these documents, and it is the responsibility of the bidder to make its own investigations as to the nature of the work and the conditions under which it shall be performed, and to make its own independent assumptions as to these matters. The burden of anticipating unforeseen circumstances, either hidden or latent, and the conditions of the work site and all related circumstances, and the cost of accommodating therefore should unanticipated circumstances be later encountered shall rest upon the bidder.

3. Pre-bid meeting or any other information session will be held at the location as indicated in the solicitation. Unless indicated otherwise, attendance is not mandatory; although vendors are strongly encouraged to attend. However, in the event the meeting is mandatory, then a representative of the vendor must attend the meeting in its entirety to be considered eligible for solicitation award. Late entry to the meeting will not be allowed.

4. In the event that, after the acceptance of a bid by the Board of Directors of the CCWA, any unsuccessful bidder wishes to contest such action, a written “Notice of Contest” must be filed with the General Manager no later than close of business on the 5th business day after the selection of successful bidder by the Board. Failure to timely file such notice shall forever preclude the filing of a contest of the award, or any civil action in the courts of the State of Georgia or of the United States.

Division 2 Bid Requirements Section 1: Instructions to Bidders

2-1.2

5. Information submitted by the Bidder in the bid process shall be subject to disclosure after bid award in accordance with the Georgia Open Records Act. Proprietary information must be identified and be accompanied by a signed affidavit outlining the redacted information. Entire bids may not be deemed proprietary.

6. Bids must be made on the enclosed Bid Form. Unless otherwise requested, one (1) original and at least two (2) copies of the Bid Form need to be submitted, and these copies must be typewritten or printed in ink. All copies of any Bid Forms must be signed in ink by the person or persons authorized to sign the Bid Form. The person signing the Bid Form must initial any changes or corrections.

7. The name of the person, firm, or corporation making the Bid must be printed in ink, along with the Bidder’s signature, on all separate sheets of the Bid Form. If a Bid is made by an individual, his name and post office address must be shown. If made by a firm, or partnership, the name and the post office address of each member of the firm or partnership must be shown. If made by a Corporation, the person or persons signing the Bid must show the name of the State under the laws of which the Corporation is chartered and his, or their authority for signing same. The names, titles and addresses of the President, Secretary and the Treasurer and the corporate authority for doing business in this state shall be listed and returned with the Bid Form.

8. All Bids must be hand delivered, delivered by courier service, or mailed via the United States Postal Service. No facsimiles will be accepted. The person, firm, or corporation making the Bid shall submit it in a sealed envelope on or before the date and time specified in the Bid package. The envelope shall be marked “Sealed Bid” and carry the Bid title, and date and time of opening as set forth in the Bid package. The envelope shall also bear the name of the party making the Bid and the party’s address. Address Bids to Clayton County Water Authority, 1600 Battle Creek Road, Morrow, Georgia, 30260. Even if a Bid is not submitted, the Bid Form should be returned signed and with an explanation, otherwise the result will be deletion from the mailing list.

9. If published price books are a part of your Bid, one price book must be included with your Bid Form, and the successful Bidder is required to furnish additional current price books after award of the Bid.

10. Alterations to the documents are strictly prohibited and shall result in automatic disqualification of the Bidder's bid. If there are "exceptions" to the specifications or comments to any of the solicitation requirements or other language, then the bidder

Division 2 Bid Requirements Section 1: Instructions to Bidders

2-1.3 may ask questions regarding those requirements or submit additional documentation as to the variation from the specifications, but may not alter any of the language contained in the solicitation.

11. In the case of goods, the person, firm or corporation making the Bid may Bid all items. All items may be considered separately, at the discretion of the CCWA.

12. Bidders for construction contracts where the laws of Georgia or the United States of America require a license in order to perform such construction must list the license number and class on the face of the bid envelope and must enclose copies of any required license with the bid.

13. When public work is let out for bid, no person shall prevent or attempt to prevent competition in such bid. Such bidders must make an oath filed with the officer who makes payments under the contract that they have not prevented or attempted to prevent competition in the bid process. Such oath must be signed by: if a partnership, all partners and any officer or agent or other person who acted on the partnership’s behalf during the bid process; if a corporation, all officers, agents, or other persons who acted for the corporation in the bid process.

14. Bids shall not be withdrawn or cancelled by the bidder past the bid opening date and time. The bidder may make modifications/corrections to the bid by submitting a corrected seal bid but only if the change is prior to the bid opening. The corrected document should be clearly marked that it supersedes the bid originally submitted.

No modification or corrections will be allowed subsequent to the bid opening.

15. By tendering a bid, a Bidder agrees to leave the bid open for acceptance by the CCWA for sixty (60) days after the date set for the opening thereof.

16. By tendering a bid, the bidder certifies that the bidder has carefully examined these instructions and the terms and specifications applicable to and made a part of the bid. The Bidder further certifies that the prices shown in any schedule of items on which the Bidder is proposing are in accordance with the conditions, terms and specifications of the bid and that they are aware that any exception taken thereto may disqualify the bid. Bidders are required to inform themselves fully as to the availability of materials and the conditions relating to construction and labor under which any work will be or is now being performed. No error or misjudgment nor any lack of information on local conditions, general laws or regulations on the part of the Bidder shall merit withdrawal of the bid.

Division 2 Bid Requirements Section 1: Instructions to Bidders

2-1.4

17. Copies of all communication pertaining to bids must be sent to the Contracts, Compliance and Risk Management Section.

18. The purpose of this bid is to establish contract prices. Unit price extension and net total must be shown if applicable. Cash discounts should be indicated separately.

The CCWA is exempt from federal or state sales taxes; do not include such amounts in the bid. Exemption certificates are furnished upon request.

19. Bidders are hereby notified and agree by submission of a Bid Form that if additional items not listed in the Bid Form become necessary and require unit prices not established by the Bid Form, the unit prices of such items shall be negotiated and shall be directly proportional to the established unit prices of similar items in the Bid Form.

20. All prices on goods shall be for delivery, our destination, f.o.b. freight prepaid Jonesboro, Georgia, and/or Morrow, Georgia, unless otherwise shown. Any deliveries shall be made as needed and requested throughout the contract period.

21. Quantities when shown are estimates only, based on anticipated needs. The CCWA reserves the right to purchase more or less based on actual need at contract price. If a Bidder intends to offer minimum or maximum shipment quantities, such intent and such quantities should be specified on the Bid Form.

Otherwise, none will be assumed.

22. The time for completion of the work is stated in the Bid Form. Failure to complete the work within this period shall result in payment to the CCWA of liquidated damages in an amount provided for by contract for each calendar day in excess of the Contract time.

23. The Bidder must employ such methods and means in carrying out the work as will not cause any interruption of or interference with any other Contractor.

24. The successful Bidder must comply with the applicable Risk Management Requirements prior to beginning performance, and during the contract period.

25. The Contract between the CCWA and the Contractor shall be executed on a form provided by CCWA and will be subject to all requirements of the contract documents (which include but may not be limited to the Contract, these instructions, any Purchase Orders, and the Risk Management Requirements), and shall form a binding contract between the contracting parties.

Division 2 Bid Requirements Section 1: Instructions to Bidders

2-1.5

26. Failure to execute the Contract, any required Surety Performance and Payment Bonds, or to furnish any required satisfactory proof of carriage of required insurance within ten (10) days from the date of notice of award of the Contract shall be just cause for the annulment of the award and for forfeiture of the bid guaranty to the CCWA, not as a penalty, but in liquidation of damages sustained. At the discretion of the CCWA, the award may then be made to the next lowest responsible vendor, or the work may be re-advertised or constructed by the CCWA.

27. Any Contract and Contract Bonds shall be executed in duplicate.

28. Award of this bid shall be by action of the CCWA Board at its regular monthly meeting.

29. The CCWA reserves the right, with or without notice or cause, to accept any bid regardless of the amount thereof; to reject any bid, or any number of bids; to negotiate with any Bidder for a reduction of or alterations in its bid; to reject all bids and to call for additional bids upon the same or different invitations to bid, plans or specifications; to be sole judge, in its discretion, on all questions as to whether or not a bid complies with the invitation to Bid, the plans or the specifications, and as to the solvency and sufficiency of any and all sureties on all bonds.

30. The apparent low bid for goods shall be considered to be the lowest aggregate total price of specified products at their unit prices times the estimated required quantities of these specified products.

31. Bids received from two (2) or more vendors that are identical in price, delivery and meet the requirements of the bid specifications shall be awarded on the following basis:

a. The bid submitted by a vendor who does not have a documented negative vendor performance record.

b. The bid submitted by a vendor who is located within Clayton County.

c. The bid submitted by a vendor who is certified by our Small Local Business Enterprise Program.

d. If the tie bids meet all the above criteria, and it is not in the Authority’s best interest (at its sole discretion) to split the award, the bid award is based on the toss of a coin by CCWA staff in a public session. The vendors involved will be invited to attend the coin toss at a stated date and time. One or more witnesses from both CCWA Procurement and the Requesting Department

Division 2 Bid Requirements Section 1: Instructions to Bidders

2-1.6 may be present. A simple coin toss (called by the vendor listed first in the alphabet) will break the tie and decide the award.

32. While price is the prime criteria, and the CCWA intends to purchase at the lowest responsible bid available, price shall not be the sole criteria utilized by the CCWA in evaluating the bid package submitted. The following criteria shall also be utilized by the CCWA in determining the lowest responsible bid:

a. Ability of Bidder to perform in the time frame needed by the CCWA.

b. Reputation of the Bidder in its industry.

c. Reasonableness of the bid in relation to anticipated costs.

d. Ongoing relationships with the CCWA based on above-average prior performance of work with the Authority.

33. Bidders are notified that the Authority reserves the right except in the case of public works contracts to include among the factors considered in awarding the contract the proximity of each Bidder's place of business to any affected Authority facility.

The Authority further reserves the right to award the contract to a Bidder other than the Bidder offering the lowest price where: (a) the difference in price between the low Bidder and the preferred Bidder is nominal: and (b) the Authority's Board determines that the preferred bid provides the most cost effective option due to the closer proximity of the preferred Bidder's place of business to the affected Authority facility or facilities. In such a situation, by responding to this bid, the Bidder waives any cause of action against the Authority for frustration of bid or under any similar legal theory; furthermore, the Bidder agrees to pay all costs and expenses, including but not limited to attorney fees, incurred by the Authority in defending against any such claim.

34. It is the policy of the Clayton County Water Authority (CCWA) to promote award of sub-agreements for goods and/or services to qualified small local, minority and women-owned businesses. Bidders are encouraged to solicit small local, minority and women-owned businesses whenever they are potential sources.

35. Bidders are encouraged to utilize the services and assistance of the U.S. Small Business Administration (SBA), and the office of the Department of Commerce Minority Business Development Agency (MBDA). These agencies can provide assistance in securing the names of qualified small local, minority and women-owned businesses. Additionally, it is encouraged that bidders access certified Small

Division 2 Bid Requirements Section 1: Instructions to Bidders

2-1.7

Local Business Enterprise (SLBE) vendors from Clayton County, DeKalb County, and City of Atlanta.

The Georgia Department of Transportation (DOT) has established a list of qualified Disadvantaged Business Enterprises. Information is available online under the tab for “Directories”, link for “UCP Directory - Excel” at:

http://www.dot.ga.gov/PS/Business/DBE.

The successful Bidder will be asked to provide, along with his Request for Payment each month a list of qualified SLBE and MBE/WBE businesses utilized on this Project.

GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT OF 2006

36. Pursuant to the Georgia Security and Immigration Compliance Act of 2006, the successful Contractor understands and agrees that compliance with the requirements of O.C.G.A.13-10-91 and Georgia Department of Labor Rule 300-10- 02 are conditions of this bid and contract document. The Contractor further agrees that such compliance shall be attested by the Contractor and any of his Subcontractors by execution of the appropriate Affidavit and Agreement included after the Agreement Form of these documents.

Division 2 Bid Requirements Section 2: Risk Management Requirements

2-2.1

The Contractor will provide minimum insurance coverage and limits as per the following:

The Contractor will file with the Authority Certificates of Insurance, certifying the required insurance coverages and stating that each policy has been endorsed to provide thirty (30) day notice to the Authority in the event that coverage is cancelled, non-renewed or the types of coverage or limits of liability are reduced below those required. All bonds and insurance coverage must be placed with an insurance company approved by Authority Management, admitted to do business in the State of Georgia, and rated Secure (“B+” or better) by A.M. Best Company in the latest edition of Property and Casualty Ratings, or rated by Standard & Poors Insurance Ratings, latest edition as Secure (“BBB” or better). Worker’s Compensation self-insurance for individual Contractors must be approved by the Worker’s Compensation Board, State of Georgia and/or Self-Insurance pools approved by the Insurance Commissioner, State of Georgia.

CONTRACTS FOR UP TO $50,000 CONTRACTS FOR MORE THAN $50,000

Worker’s Compensation – Worker’s Compensation coverage on a statutory basis for the State of Georgia with an Employer’s Liability limit of $100,000 each Accident, Disease $100,000 each employee, $500,000 Disease policy limit.

Worker’s Compensation – Worker’s Compensation coverage on a statutory basis for the State of Georgia with an Employer’s Liability limit of $1,000,000.

The increased Employer’s Liability limit may be provided by an Umbrella or Excess Liability policy.

Automobile Liability – Automobile liability coverage for owned, hired and non-owned vehicles in the amount of $500,000 combined single limit.

Automobile Liability - Automobile liability coverage for owned, hired and non-owned vehicles in the amount of $1,000,000 combined single limit.

Commercial General Liability – Coverage to be provided on “occurrence” not “claims made” basis. The coverage is to include Contractual liability, Per Project Limit of Liability, losses caused by Explosion, Collapse and Underground (“xcu”) perils, the “Clayton County Water Authority” is to be added as an Additional Insured and Products and Completed Operations coverage is to be maintained for three (3) years following completion of work.

Commercial General Liability – Coverage to be provided on “occurrence” not “claims made” basis. The coverage is to include Contractual liability, Per Project Limit of Liability, losses caused by Explosion, Collapse and Underground (“xcu”) perils, the “Clayton County Water Authority” is to be added as an Additional Insured and Products and Completed Operations coverage is to be maintained for three (3) years following completion of work.

Division 2 Bid Requirements Section 2: Risk Management Requirements

2-2.2

CONTRACTS FOR UP TO $50,000 CONTRACTS FOR MORE THAN $50,000

LIMITS OF LIABILITY:

$1,000,000 Per Occurrence

$1,000,000 Personal and Advertising

$50,000 Fire Damage*

$5,000 Medical Payments*

$1,000,000 General Aggregate

$1,000,000 Products/Completed Operations per Occurrence and Aggregate

*These are automatic minimums

Owner’s Protective Liability – The Authority’s Management may, in its discretion, require Owner’s Protective Liability in some situations.

Umbrella and/or Excess Liability – The umbrella or Excess Liability Policy may be used to combine with underlying policies to obtain the limits required.

The Management of the Authority may elect to require higher limits.

Owner’s Protective Liability – The Authority’s Management may, in its discretion, require Owner’s Protective Liability in some situations.

Division 2 Bid Requirements Section 3: Bid Submittals

2-3.1

3.1 Bid Submittal Requirements:

The following items are required to be included as part of the bid submittal. Failure to include any of these items may result in the bid being deemed non-responsive.

The required items include but are not limited to:

A. List of Owned Equipment.

B. Disposal Method(s) and/or Disposal Location.

C. Bid Form.

D. Bidder Qualification Information Form – To be considered for this contract, Bidders shall have a minimum of five (5) years’ experience in the basic requirements of the work and must furnish references along with proof of competency from past jobs. Only those bidders who in the opinion of the CCWA are sufficiently experienced, reputable, and have an established business facility will be considered. Bidders who do not meet these requirements may be deemed non-responsive.

E. References – At least five (5) references of similar experience completed in the past three (3) years must be provided.

F. Georgia Security and Immigration Compliance Act of 2006 Form.

G. Contractor Affidavit and Agreement Form.

H. Subcontractor Affidavit Form.

If a Contractor/Subcontractor will not be performing any services under this contract, the Contractor/company submitting the bid MUST also complete, sign, date, and have both Affidavit forms notarized and make proper notation of "N/A" - Not Applicable.

Clayton County Water Authority (CCWA) cannot consider any bid which does not include completed affidavits. It is not the intent of this notice to provide detailed information or legal advice concerning the Georgia Security & Immigration Compliance Act of 2006, as amended on May 11, 2009. All Bidders intending to do business with CCWA are responsible for independently apprising themselves and complying with the requirements of that law and its effect on CCWA procurements and their participation in those procurements.

I. Copies of any and all license(s) required to perform the work.

J. W-9 Form

K. Vendor Form

Division 2 Bid Requirements

Section 4: Bid Form - Pay Item Schedule

To be considered responsive to this bid, bidders are required to bid on all work items listed on the Bid Form - Pay Item Schedule.

No. Work Item Detail Unit Unit Cost

28 Hourly Labor Operator HR 21.00

29 Hourly Labor Laborer/Climbers HR 25.00

30 Hourly Labor Dump Truck Driver HR 27.00

31 Hourly Equipment 17,000 # Class Excavator HR 75.00

32 Hourly Equipment 10,000 # Class Excavator HR 65.00

33 Hourly Equipment 30,000 # Class Rubber Tired Loader HR 100.00

34 Hourly Equipment Rubber Tired Backhoe / Loader HR 45.00

35 Hourly Equipment 18,000 # Class Track Dozier HR 63.00

36 Hourly Equipment Dump Truck (Tandem Rear Axle) HR 75.00

37 Hourly Equipment Utility Truck - Fully Equipped HR 35.00

38 Hourly Equipment Boom Truck - Min 55' Vertical Reach HR 95.00

39 Hourly Equipment Grapple Truck with Dump Body HR 75.00

40 Hourly Equipment Shredder/Chipper 6" Capacity HR 30.00

41 Hourly Equipment Shredder/Chipper 12" Capacity HR 40.00

42 Hourly Equipment Shredder/Chipper 18" Capacity HR 60.00

43 Equipment Rental N/A EA 10%

44 Supplied Material N/A EA 10%

45 Specialty Services N/A EA 10%

Submitted by: TREEWORKS SERVICES INC.

COMPANY NAME OF BIDDER

Is the Bidder a CCWA certified SLBE? XYes 0 No

If yes, specify business County location: HENRY

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Division 2 Bid Requirements

Section 6: Bidder Qualification Information

REFERENCES

LIST AT LEAST 5 REFERENCES OF SIMILAR EXPERIENCE COMPLETED IN THE

PAST 3 YEARS:

COMPANY/GOVT ENTITY NAME: AQUALIS STORM WATER M ANAGEMENT

CONTACT NAME: --=J=E-=--F'--F -=B-=UTT..a...S=------------------

ADDRESS : 2 5 1 0 MERIDIAN PKWY., STE 350, DURHAM, NC 2 77 1 3 __ _

PHONE NUMBER: ....!:9'.....!.1=9 -...!:::8�12=- -�0=62=0::..__ _______________ _

COMPANY/GOVT ENTITY NAME: CITY OF MCDONOUGH - STORMWATER

CONTACT NAME: ----'T-=

O:..:.:M:..:......:....FL=E=M=l..:....:N-=G _______________ _

ADDRESS: 305 RACETRACK RD. MCDONOUGH, GA 30253

PHONE NUMBER: -=6;...:..7-=-8-....:...7=82=--=62=7--'1 ________________ _

COMPANY/GOVT ENT ITY NAME : US PROPERTIES GROUP

CONTACT NAME: SHARON CHAPMAN

ADDRESS : 800 COLUMBIANA DR., SUITE 22 0 COLUMBIA, SC 2 9 0 63

PHONE NUMBER: -=8-=0-=-3 ---=-4-=-07-=----=-4-=-55=--=5'------------------

COMPANY /GOV'T ENTITY NAME: SOUTHERN CRESCENT HABITAT FOR HUMANITY

CONTACT NAME: --=J=Ec:....:N=I F-=E=-=-R..:....K:...:.;L=l-=--P-=--P=EL=----------------

ADDRESS : 9570 TARA BLVD., JONESBORO, GA 302 36

PHONE NUMBER: 4=04- 7-=8=-8 --=3....:...43=9'-------------------

COMPANY /GOVT ENTITY NAME: CLAYTON COUNTY WATER AUTHORITY

CONTACT NAME: ....:.M=A....:...TT:.......:__S=M=l:.....:..T..:...:H'-----------------

ADDRESS: 1 600 BATTLE CREEK RD., MORROW, GA 302 6 0

PHONE NUMBER: _4=--=0-=-4-=-3=6-=-8 --=6-=-7=65=------------------

END OF SECTION

2-6.2

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Division 2 Bid Requirements Section 8: Small Local Business Enterprises (SLBE) - General Information

2-8.1

8.1 Program Overview

Clayton County Water Authority (CCWA) has implemented a Small Local Business Enterprise Program to promote full and open competition in all government procurement and purchasing. Bid discounts for the use of Small Local Business Enterprises (SLBE’s) are set on a contract by contract basis for each specific prime contract with subcontracting possibilities. CCWA wants to ensure that Bidders are non-discriminatory in their process of selecting sub-contractors. CCWA also wants to encourage Bidders to utilize small, minority or woman-owned businesses whenever possible. All forms included in this solicitation must be completed for Bidder to be considered responsive.

SLBE means a locally-based small business operating inside or outside of Clayton County, which meets the following criteria:

A) Independently owned and operated business concern whose average annual gross receipts for the previous three years must not exceed (1) Construction Firms – $18,250,000; (2) Professional Services Firms – $5,500,000; Architectural Firms – $3,750,000; Engineering Firms – $7,500,000, and Goods and Services – less than 250 employees.

B) Locally based, meaning located and operating in Clayton County or the ten

(10) counties of Cherokee, Cobb, DeKalb, Douglas, Fayette, Fulton, Gwinnett, Henry, Rockdale and Spalding for at least one year prior to submitting application for certification.

If a firm is locally-based in one of the counties mentioned above, is currently certified as a small business through Clayton County, the City of Atlanta, DeKalb County, or the Georgia Department of Transportation, and can provide evidence of its certification, the firm will be provisionally accepted as a SLBE, provided that they complete the official certification application for CCWA within two (2) years following the date of provisional certification. If a firm meets these qualifications, but is not currently certified as a small business, then the firm must complete an application for certification with CCWA no later than seven (7) business days following the deadline for bid submission.

SLBE’s must perform a commercially useful function, which means performance of provision of real and actual services under the contract or subcontract with CCWA. Factors such as the nature and amount of the work subcontracted;

whether the SLBE has the skill and expertise to perform the work for which it has been certified; whether the SLBE actually performs, manages or supervises the work; and whether the SLBE intends to purchase commodities and/or services

Division 2 Bid Requirements Section 8: Small Local Business Enterprises (SLBE) - General Information

2-8.2 from a non-SLBE and simply resell them will be considered in determining if the SLBE is performing a commercially useful function.

Participation in the SLBE program is not a requirement to participate in contracting with CCWA. The use of an SLBE is a requirement when bid discounts are to be sought. The Bidder will be required to complete the required forms as outlined in the following section.

8.2 Overview of Bid Discount

Bid discounts are incentives that allow an original bid amount to be discounted for evaluation purposes in determining the lowest responsive, responsible bidder, while the original bid amount will be the basis for contract award.

Example: A $100,000 bid with a 7.5% bid discount would be evaluated at $92,500. However, $100,000 would be paid to the successful bidder.

Bid Discounts will be applied to CCWA certified SLBE prime bidders only. The use of certified SLBE sub-contractors will not establish eligibility to receive Bid Discounts. Depending on the bidder’s location, Bid Discounts will range between 7.5% and 10%.

The calculation of SLBE bid discounts shall be as follows:

There will be an applied tiered discount to bids based on what county the SLBE business is located.

10 percent for SLBE’s in Clayton County.

7.5 percent for SLBE’s within the next surrounding 10 counties (Cherokee, Cobb, DeKalb, Douglas, Fayette, Fulton, Gwinnett, Henry, Rockdale and Spalding).

(1) Discounts are given to Bidders who are SLBE prime bidders only.

(2) In the event of a tie bid between a discounted bidder and a non-discounted bidder, the discounted bidder (SLBE) will be recommended for the contract.

By signing the bid, the bidder is certifying that he/she has complied with the requirements of this program. Please contact Contracts, Compliance and Risk Management at ccwa_slbe_program@ccwa.us for more information on CCWA’s SLBE Program or visit our website at www.ccwa.us.

Division 3 Contract Forms

Section 1 : Agreement Form

STATE OF GEORGIA

COUNTY OF CLAYTON

AGREEMENT FOR ONGOING PROVISION OF SERVICES

This Agreement made and entered into this .i1 day of Ja nd(l.(�, 20 :)./ , for

Annual Contract for Tree Removal Services, between the CLAYTON CONTY WATER AUTHORITY (hereinafter "the Authority") and TREEWORKS SERVICES, INC. (hereinafter "the Primary Contractor"), witnesseth:

WHEREAS, the Authority is contracting with the Primary Contractor for the provision of services described below for the term specified herein;

NOW THEREFORE, the parties agree as follows:

1.

2.

3.

4.

5.

DESCRIPTION OF SERVICES: The Primary Contractor shall provide Tree Removal Services on a project basis as requested by the Authority in accordance to specifications outlined in the Request for Bid documents dated September 2020, which are part of this agreement.

COSTS: The Authority shall pay, and the Primary Contractor shall receive the prices as stipulated in the Bid Form hereto attached as full compensation relative to the scope of services per Bid dated October 27 ,2020, and above described services. The Authority shall pay the Primary Contractor net 30 days from receipt of an invoice and upon approval of Contractor's work.

Payments will be sent via regular US Mail.

TERM OF AGREEMENT: The term of this Agreement shall commence on the 1st day of January 2021. The Agreement shall remain in effect until December 31, 2021.

RENEWAL PROVISIONS: The contract may be extended for a second and/or third year by mutual written consent from both parties at the existing contract terms, conditions and bid prices.

INITIATION OF INDIVIDUAL PROJECTS: Each individual project shall begin with a Purchase Order (a "PO"), a blank copy of which is attached to this Agreement and incorporated into the terms hereby agreed to. The Primary Contractor agrees to the terms and conditions contained in the PO;

however, in the event of a conflict between the terms of this Agreement and the terms of the PO, the terms of this Agreement shall control.

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6. WARRANTY ON SERVICES RENDERED: The Primary Contractor warrants its workmanship to be free from defects as follows:

• Shall be performed as stipulated in the bid documents.

• Shall be performed by workmen experienced in and capable of doing the kind of work assigned to them.

The Primary Contractor further warrants that its workmanship will conform to all specifications and will perform as specified. Upon receipt of written notice of a defect in workmanship, the Primary Contractor shall repair the defect in a timely manner at no expense to the Authority.

7. CONTRACTOR’S AFFIDAVITS: The Primary Contractor shall issue a “Standard Contractor’s Affidavit Interim Waiver and Release Upon Payment” and a “Standard Contractor’s Affidavit Unconditional Waiver and Release upon Final Payment” provided by the Authority before receiving any interim or final payment for any services performed.

8. ASSIGNMENT AND SUBCONTRACTING: The Primary Contractor shall not assign this Agreement or any portion of this Agreement, nor shall the Primary Contractor sub contract for goods or completed or substantially completed services purchased hereunder without the prior express written consent of the Authority. No assignment or subcontract by the Contractor, including any assignment or subcontract to which the Authority consents, shall in any way relieve the Primary Contractor from complete and punctual performance of this Agreement, including without limitation all of the Contractor’s obligations under the WARRANTY provisions of this Agreement.

9. THE AUTHORITY’S ASSISTANCE AND COOPERATION: During the Contractor’s performance of this Agreement, the Authority may, but has no obligation to, provide assistance to, or cooperate with, the Primary Contractor in activities that facilitate the proper performance and completion of this Agreement by the Contractor. Such assistance and cooperation may include without limitation: (i) providing engineering or other analysis or advice on correcting problems; (ii) refraining from strict enforcement of time schedule requirements under this Agreement; (iii) permitting use of test materials or documentation not performed or produced under this Agreement. Such assistance or cooperation by the Authority shall not be construed, and the Primary Contractor agrees that it will not claim that any such assistance or cooperation operates, to relieve the Primary Contractor from complete, proper and punctual performance of all the Contractor’s obligations under this Agreement.

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10. WORK ON THE AUTHORITY’S DESIGNATED PREMISES: In the event that the Contractor, the Contractor’s employees or agents or the Contractor’s subcontractors enter the Authority’s designated premises for any reason in connection with this Agreement, the Primary Contractor and such other parties shall observer all security requirements and all plant safety, plant protection, and traffic regulations. The Primary Contractor shall defend, indemnify, and hold the Authority harmless from all claims, actions, demands, loss, and causes of action, arising from injury, including death, to any person, or damage to any property, when such injury or damage results in whole or in part from the acts or omissions of the Contractor, the Contractor’s employees or agents or the Contractor’s subcontractor, save and except damage caused by the sole negligence of the Authority. The Contractor, and any sub-contractors used by the Primary Contractor in connection with this Agreement, shall carry Workmen’s Compensation and Employees’ Liability Insurance to cover the Contractor’s and any subcontractor’s legal liability on account of accidents to their employees. The Primary Contractor and any subcontractor shall carry adequate Comprehensive General Liability and adequate Comprehensive Automobile Liability Insurance covering accidents to their employees. The Primary Contractor and any subcontractor shall carry adequate Comprehensive General Liability and adequate Comprehensive Automobile Liability Insurance covering legal liability of the Primary Contractor and any subcontractor on account of accidents arising out of the operations of the Primary Contractor or any subcontractor and resulting in bodily injury, including death, being sustained by any person or persons, or in any damage to property. At the Authority’s request, the Primary Contractor shall furnish to the Authority certificates from the Contractor’s insurers showing such coverage in effect and agreeing to give the Authority thirty (30) days prior written notice of cancellation of the coverage.

11. RISK MANAGEMENT REQUIREMENTS: The Primary Contractor shall abide by the Authority’s applicable Risk Management Requirements, attached to this Agreement as Exhibit A and hereby incorporated into this Agreement.

12. TERMINATION FOR DEFAULT:

(a) The Authority may, subject to the provisions of subparagraph (c) below, by written notice of default to the Contractor, terminate the whole or any part of this Agreement in any one of the following circumstances; (i) if the Primary Contractor fails to perform this Agreement within the time

Division 3 Contract Forms Section 1: Agreement Form

3-1.4 specified herein or any extension thereof; or (ii) if the Primary Contractor fails to perform any of the other provisions of this Agreement, or so fails to make progress as to endanger performance of this Agreement in accordance with its terms, and does not cure such failure within a period of ten (10) days or longer period (as the Authority may authorize in writing) after receipt of notice from the Authority specifying such failure.

(b) In the event the Authority terminates this Agreement in whole or in part as provided in subparagraph (a) above, the Authority may procure, upon such terms and in such manner as the Authority may deem appropriate, services, similar to those so terminated, and the Primary Contractor shall be liable to the Authority for any Excess costs for the same, including without limitation all cost and expenses of the type specified in the “WARRANTY” paragraph of this Agreement; provided, that the Primary Contractor shall continue the performance of this Agreement to the extent not terminated hereunder.

(c) Except with regard to defaults of subcontractors, the Primary Contractor shall not be liable for any excess costs if the failure to perform this Agreement arises out of causes beyond the control and without the fault of negligence of the Primary Contractor such causes may include, but are not limited to, acts of God, or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, flood, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case the failure to perform must be beyond the control and without the fault or negligence of the Contractor. If the failure to perform is caused by the default of a subcontractor, and if such default arises out of causes beyond the control of both the Primary Contractor and the subcontractor, and without the fault of negligence of either of them, the Primary Contractor shall not be liable for any excess costs for failure to perform, unless the services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the Primary Contractor to meet the required delivery schedule. The term “subcontractor” shall mean subcontractor at any tier.

(d) If, after notice of termination of this Agreement under the provisions of this paragraph, it is determined for any reason that the Primary Contractor was not in default under the provisions above or that the default was excusable under the provisions of this paragraph, the rights

Division 3 Contract Forms Section 1: Agreement Form

3-1.5 and obligations of the parties shall be the same as if the notice of termination has been issued pursuant to the “Termination for Convenience” paragraph of this Agreement.

(e) The rights and remedies of the Authority provided in this paragraph shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement.

13. TERMINATION FOR CONVENIENCE: The Authority may at any time by written notice terminate all or any part of this Agreement for the Authority’s convenience. If this Agreement is terminated, in whole or in part, for the Authority’s convenience, the Primary Contractor shall be paid an amount, to be mutually agreed upon, which shall be adequate to cover the actual and reasonable cost paid by the Primary Contractor for the actual goods and labor reasonably used by the Primary Contractor to perform the work under this Agreement to the effective date of termination, plus a reasonable profit thereon; provided that no amount shall be paid to the Primary Contractor for

(i) any anticipatory profits related to work under this Agreement not yet performed, or (ii) costs incurred due to the Contractor’s failure to terminate work as ordered on the effective date of termination. In no event shall the total amount paid under the provisions of this paragraph exceed the prices set forth in this Agreement for the work terminated.

14. DISPUTES: Pending resolution of any dispute hereunder, the Primary Contractor shall proceed diligently with the performance of work in accordance with the Authority’s direction.

15. NOTICES: All notices required or permitted to be given hereunder shall be deemed to be properly given if delivered in writing personally or sent by United States certified or registered mail addressed to the Primary Contractor or the Authority, as the case may be, with postage thereon fully prepaid. The effective time shall be at the time of mailing.

16. ATTORNEYS’ FEES: The Primary Contractor shall pay reasonable attorneys’ fees to the Authority should the Authority be required to incur attorneys’ fees in enforcing the provisions of this Agreement or in the collection of any monies herein required to be paid by the Primary Contractor to the Authority.

17. COUNTERPARTS AND ELECTRONIC SIGNATURES: This Agreement may be executed in one or more counterparts, each of which will be deemed to be an original, but all of which together will constitute one and the same

Division 3 Contract Forms Section 1: Agreement Form

3-1.7

EXHIBIT A

RISK MANAGEMENT REQUIREMENTS

The Primary Contractor will provide minimum…