Tree Removal Services_VCCS-WCC-24-55785_Final.pdf

Invitation for Bids

Issue Date: January 23, 2024

IFB Number: VCCS-WCC-24-55785

Title: Tree Removal Services

Commodity Code: 96888 - Tree and Shrub Removal Services

Issuing Agency: Commonwealth of Virginia Virginia Community College System Shared Service Center Procurement Intake 147 Daleville Centre Drive Daleville, Virginia 24083

Contract Term: One (1) year with five (5) additional, optional one (1) year renewal periods

Bids will be Received Until: February 13, 2024, at 12:00 PM local time

All Bids must be received ELECTRONICALLY THROUGH eVA by the date and time stated immediately above.

PAPER (MAIL), EMAILED AND/OR FAXED BIDS WILL NOT BE CONSIDERED.

In lieu of a Pre-Bid Conference, questions will be accepted by e-mail to Melissa Ryan through February 2, 2024, at

12:00PM.

Any inquiries regarding this solicitation should be directed only to Melissa Ryan, Senior Contract Officer

Email: mryan@ssc.vccs.edu

A public bid opening will be held on February 13, 2024, at 12:00 PM local time virtually at the following link:

https://vccs.zoom.us/j/82270447413?pwd=YUdLbjBlOVRocmY5a0dELytiQXJ2Zz09

CONTACTING ANY OTHER REPRESENTATIVE OF THE VCCS OR THE COLLEGE MAY RESULT IN THE BID BEING

DEEMED NON-RESPONSIVE

In compliance with this Invitation For Bids (IFB) and all conditions imposed in this IFB, the undersigned company offers and agrees to furnish all goods and services required by this IFB at the prices indicated in the pricing in eVA, and the undersigned company hereby certifies that all information provided below and, in any schedule, attached hereto is true, correct, and complete. COMPLETE AND RETURN THIS PAGE WITH THE BID.

Name of Firm: Date:

Address of Firm:

Signature By:

eVA Vendor ID Number: Name:

DSBSD Certification Number: Title:

Phone: Email:

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

mailto:mryan@ssc.vccs.edu

Tree Removal Services

VCCS-WCC-24-55785

TABLE OF CONTENTS

IFB #VCCS-WCC-24-55785

SECTION #

SECTION TITLE PAGE #

COVER PAGE **

I. PURPOSE

II. OPTIONAL SITE VISIT

III. SCOPE OF WORK 3

IV. GENERAL TERMS AND CONDITIONS

V. SPECIAL TERMS AND CONDITIONS

VI. SPECIFIC BID PREPARATION

VII. METHOD OF PAYMENT

VIII. ORDERING PROCEDURES

IX. Attachments to Complete and Return with Bid

1– VENDOR DATA SHEET**

2- STATE CORPORATION COMMISSION**

3- PROPRIETARY AND CONFIDENTIAL INFORMATION

FORM**

4- SMALL BUSINESS SUBCONTRACTING PLAN**

5- PRICING SCHEDULE**

6- MAPS OF TREE REMOVAL AREAS

7- CERTIFICATE OF INSURANCE (EXAMPLE)*

*Certificate of Insurance (COI) according to the requirement in this IFB should be submitted with bid.

** These items must be completed and returned as part of the bid submission package.

I. PURPOSE

The purpose of this Invitation for Bids (IFB) is to establish a contract with one qualified Contractor to provide all transportation, labor, supervision, tools, parts, equipment, supplies, materials, and incidental items to provide routine and emergency tree removal services.

Virginia Community College - Shared Services Center (VCCS-SSC) invites any qualified bidders to respond to this IFB by submitting a bid for such work, services, and/or items consistent with the terms and conditions herein set forth.

This procurement is being conducted on behalf of the Virginia Community College System (VCCS). The VCCS consists of 23 colleges with 40 campuses located across the state, as well as two central agencies: the Systems Office and Shared Services Center. All of these VCCS entities may use any awarded contract at their option and as agreed upon between VCCS and the Contractor.

II. OPTIONAL SITE VISIT

An optional site visit can be scheduled directly with Campus Facility Manager. Please contact the Campus Facility Manager to schedule a date and time for your visit. WCC cannot answer any questions regarding this IFB. All questions must be submitted to the Contract Officer, Melissa Ryan.

Wytheville Community College 1000 E Main Street Wytheville, VA 24382 Phone: (276) 613-4461 Point of Contact: Joseph Collins - JCollins@wcc.vccs.edu

III. SCOPE OF WORK

The Virginia Community College System (VCCS) seeks to procure a contractor to furnish all labor, materials, supplies, equipment, transportation, and incidental items of any kind as may be required to provide the specified arborist, tree maintenance and removal in accordance with the following specifications, terms and conditions for Wytheville Community College (WCC). These services shall include but are not limited to tree care consultation, tree felling and removal, tree pruning, tree climbing, stump grinding, disease, pest control and other tree maintenance requirements.

These activities are specified in the sections following this paragraph, and the services shall be performed in accordance with all terms, conditions, provisions, requirements, and specifications as set forth herein. All Bidders submitting bids shall be responsible for verifying all existing site conditions and measurements at the work site. The contractor shall provide all necessary safety equipment, whenever required, in order to perform in a safe working environment.

A Certificate of Insurance (COI) according to the requirement in this IFB should be submitted with bid.

A. GENERAL REQUIREMENTS:

1. The Contractor shall provide all necessary transportation, labor, supervision, tools, equipment, supplies, materials, and incidental items and incidental items of any kind, as may be required to provide for the satisfactory completion of any required tree removal services, including emergencies. The services may include but are not limited to the following:

a. Tree Trimming and Limb Removal:

• Trim all pine trees in selected areas to a height of 8’-10’ above ground level.

• Remove limbs from deciduous trees with a diameter of 6” caliper or greater.

b. Clearing Debris and Vegetation:

• Remove all "volunteer" trees, saplings, and brush around the bases of the trees in selected areas.

• Clear all debris, including limbs and vegetation, and haul it off-site for proper disposal.

c. On-site Limb Disposal (Optional):

• Chip and/or shred limbs on-site if an agreed-upon suitable location is available for containing all chips and/or shreddings.

d. Identification and Trimming in Specific Areas:

• Mark pine trees in the overhead-pole yard for the contractor to determine the amount of trimming required.

• Cut trees marked for removal on campus and grind stumps below ground level to allow seeding of grass.

e. Herbicide Application:

• Apply a non-selective herbicide in necessary areas to prevent the growth of unwanted plants in the future.

f. Special Tree Removal:

• Remove approximately 185+- Leyland Cypress trees lining WCC’s main campus entrance.

• Cut down cypress trees, clear debris, and grind stumps as close to ground level as feasible.

B. WORK PLAN:

Within ten (10) working days after the award of this contract, the contractor shall submit to the College Contract Administrator, a completed detailed plan of operation. The plan of operation shall identify and restate all performance and work requirements described herein.

a. The name and telephone number(s), including cell phone of a contact person that has total responsibility of addressing and providing solutions to any deficiencies that may occur during the contract term and would be the emergency contact available 24 hours a day/7 days a week, for any situation that may develop.

b. The Contractor shall provide a copy of the Arborist(s)’s Certification.

c. The name of the Contractor’s Supervisor and names of all employees assigned to work under this contract.

d. The name(s) and telephone number(s) of the personnel responsible for the response to an emergency at the College after a storm or other hazardous situation.

e. A list of all subcontractors to be utilized in the performance of this contract.

f. A copy of the company’s safety program to include a training schedule and the availability/location of all first aid kits while on the job sites.

g. A copy of the Personal Protective Equipment program in accordance with Occupational Safety and Health Administration (OSHA) 29 Code of Federal Regulations (CFR) 1910 as appropriate.

h. A copy of the Contractor’s Hazardous Communications Plan in accordance with OSHA

29 CFR 1910.1200.

i. A list of proposed methods of pesticide controls, including labels and three (3) copies of the Material Safety Data Sheets (MSDS) for all pesticides, herbicides, and inoculations to be used and Pesticide Applicator Licenses.

ii. Equipment maintenance schedules and techniques will be provided for all materials at the request of the Contract Administrator.

The contractor shall provide a warranty for the entire work against defective materials, workmanship and performance for a period of one year from the date of acceptance excluding vandalism. The contractor agrees to furnish, without cost to the college, all labor, materials, and transportation both ways for replacement of all materials found to be defective during the warranty period.

C. REGULAR WORK HOURS, OVERTIME HOURS AND HOLIDAYS:

1. REGULAR WORK HOURS:

Regular working hours are from 7:30 A.M. to 4:30 P.M., Monday through Friday, except for WCC's designated holidays listed below. All services, except for emergency repairs, shall be performed during regular service working hours. Any hours over the regular rate must first be approved in writing by the College before proceeding. Failure to do so, will deem any work performed at no cost to the college.

2. OVERTIME AND HOLIDAY WORKING HOURS (AFTER REGULAR WORKING HOURS MENTIONED

ABOVE:

a. Due to campus demands, it may be necessary on occasion for the contractor to perform or provide services on weekends and/or holidays outside of regular working hours. All work outside of regular hours shall be coordinated and approved in advance by the College's authorized representative.

b. Services performed in excess of eight (8) work hours a day or forty (40) hours a week or on the weekend will be paid at the overtime rate identified in the Pricing Schedule.

Services performed on a WCC designated holiday will be paid at the holiday rates identified in the Pricing Schedule.

c. Contractor shall comply with all County and City local noise ordinances.

d. Holiday working hour rates refer to the actual holiday and does not include the Friday after Thanksgiving and any additional days WCC is closed during Winter Break. WCC observes the following holidays:

• New Year’s Day

• Martin Luther King, Jr. Day

• Memorial Day

• Juneteenth

• Independence Day

• Labor Day

• Election Day

• Thanksgiving Day

• Christmas Day

• Or any day so appointed by the Governor of Virginia or the President of the

United States

D. CONTRACTORS PERSONNEL:

1. The described work shall be performed by the Contractor’s personnel who are qualified and experienced with this type of work under the full-time supervision of the Contractor. The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work.

2. All personnel employed by the Contractor to perform services under this contract shall be thoroughly trained in the techniques and methods of tree maintenance prior to assignment to work under the Contract. To ensure that all Contractor personnel are easily identified while on the College grounds, they shall always wear Company uniforms with prominent identification cards supplied by the Contractor.

3. The Contractor shall furnish a competent operational supervisor to direct Contractor personnel during tree falling operations, at all times. The Contractor’s arborist/supervisor shall be fluent in English. The names and qualifications of any proposed Arborist/Supervisors shall be included as part of this bid. In the event a Supervisor other than those provided is to be substituted, the name(s) and qualification(s) of such Supervisors are to be provided to the Contact Administrator for review and approval no less than five (5) working days before the supervisor is to be on College grounds.

4. All Contractors’ employees shall maintain the appropriate appearance and personal conduct while on the College premises. The Contract Administrator reserves the right of final acceptance and/or removal of any Contractors’ employees. It is at the Colleges’ discretion whether background checks will be required. The Contractor shall: (1) provide the VCCS Entity with a list of all individuals that will be assigned to do work on site, (2) if requested by the Contract Administrator, it shall be the Contractors’ responsibility to provide criminal background checks for any employees who will be working on campus. The Contractor shall update the list each time there is a change in the individual assigned to perform services. Known sex offenders or criminals shall not be allowed on the College campus. The Contractor shall be responsible for the cost of the criminal background check.

5. The Contractor shall have total responsibility for ensuring that all employees are legally qualified to engage in work in the United States and that the Contractor’s employment practices are in full compliance with all prevailing laws, including applicable regulations of the Immigration and Naturalization Services. Should a concern arise that any of the Contractor’s employees are not legally qualified to work in the United States, the Contractor shall be required to show written documentation furnished at the time of hiring, and if the Contractor’s employee is not in compliance, the employee shall be removed immediately, and a replacement shall be provided.

Failure to comply with all immigration laws may result in immediate termination of the contract.

6. The Contractor shall have total responsibility for ensuring that all employees have been properly trained to meet all Occupational Safety and Health Administration (OSHA) requirements for the work they are performing. The Contractor will ensure that all employees are using the appropriate personal protective equipment while performing work under this contract and that it is used in the appropriate manner. Further, the Contractor shall ensure that a first aid kit will be on the work site at all time and available for Contractor employees. The Contractor shall be responsible for maintaining all first aid kit supplies.

E. CHECK IN – CHECK OUT PROCEDURES:

The Contractor’s supervisor assigned to this contract shall check in and out with the College Contract Administrator upon arrival at a campus where work is being performed. Upon completion of tree removal services, the on-site supervisor shall provide a clear and legible record of services performed, the date and time of arrival/departure from the campus, number and names of employees on site, documentation of all work performed, and any additional information the College may require. Within twenty-four (24) hours of departure, the Contractor shall provide the College Contract Administrator with the signed service report indicating all work accomplished. All work accomplished will be verified by the College Contract Administrator. Failure to comply may require the Contractor to make an adjustment(s) to an invoice(s) requesting payment for services rendered without proper documentation or signature.

The Contractor shall not perform work outside the scope of this contract without express written consent and authorization of the Contract Officer.

The hours paid under this contract for Time and Material work shall be only for productive hours at the job site. Time spent for transportation of workers, equipment, and materials to the job site shall not be chargeable directly but is overhead and must be included in the hourly rate for labor.

The Contractor will be allowed to charge from the time the Contractor’s onsite supervisor reports and signs-in on a daily basis with the College’s Contract Administrator during normal work hours.

Work shall be performed during normal daylight hours or on weekends as required by the College.

The Contractor shall factor all contingencies into the hourly labor rate charge for each personnel category. The Contractor will be allowed to charge the hourly rate.

F. CONTRACTORS EQUIPMENT:

1. The Contractor’s equipment shall be of such a type as to accurately and effectively perform the task intended or specified and cause no hazards or dangers to the properties, tenants, students, staff, or other persons on the college grounds. The Contractors shall maintain equipment in good condition so as not to leak fuel or lubricants, produce excessive noise or noxious fumes. The Contractor shall not spill fuel or fuel equipment near storm drain inlets. If a spill occurs, the Contractor shall immediately report the spill to the Contract Administrator and/or the Environmental Compliance Officer and take immediate action to clean up the spill. Equipment maintenance schedules and techniques will be provided for all materials at the request of the Contract Administrator.

The Contractor’s trucks, trailers, or other equipment (Bucket Truck, Stump Grinder, etc.) shall be parked in the parking lots and not in roadways and must be clearly marked with safety cones or other warning devices to ensure that the public is aware of their presence during operations related to landscaping and grounds maintenance. The Contractor shall not block any drive lane without prior permission from the Contract Administrator. Forty-eight (48) hour notice shall be provided to the Contract Administrator for such a request. All work shall comply with the Virginia Department of Transportation requirements.

2. The Contractor is completely responsible for all actions of personnel and the operation of the equipment for the performance of activities or assignments under this contract. Further, the Contractor shall take any and all, actions or precautions required to protect his/her employees and the public from injury and the College or privately owned property from any damage.

3. All equipment used by the Contractor in the performance of the work shall be of a type and quality to accurately and effectively perform as intended and shall do so without injury or damage to the College or privately owned property on college grounds.

4. When additional resources such as cranes are required, these shall be approved for use in advance by the College. Crane services shall be provided by only a licensed crane rental service utilizing at a minimum rubber tire 60-ton crane licensed to travel under its own power on Virginia highways.

All additional costs for these pre-approved services must be itemized and added to invoices with copies of rental fee charges and tickets attached to final invoices.

5. The Contractor shall provide all necessary safety equipment, signs, and/or construction fence, whenever required, to perform work in a safe environment.

G. APPROVAL OF MATERIALS:

Submittals for Approval: No less than ten (10) business days prior to any application of any type of fertilizer, pesticide, herbicide, fungicide, inoculations or any other chemical or material of any type or kind proposed to be used by the Contractor, the Contractor shall submit to the Contract Administrator an MSDS and a manufacturer’s specification sheet, along with a drawing or sketch of the area or areas for which application is proposed. The submittal shall also explain in detail the reasons for the application, the application rate, and the time of day for the application. The Contract Administrator shall approve or disapprove the proposed application and inform the Contractor in writing. In no case shall the Contractor apply any product(s) and/or material(s) in a manner not in accordance with the manufacturer’s recommended procedures. Applications must be within any seasonal limitations that may govern effectiveness of a particular product or material.

H. ENVIRONMENTAL COMPLIANCE REQUIREMENTS:

1. Definitions:

a. “Best Management Practices” (BMPs) means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to storm water, receiving waters, or storm water conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal or drainage from raw materials storage.

b. “Hazardous Materials” means any material including any substance, waste, or combination thereof, which because of its quantity, concentration or physical chemical or infectious characteristics may cause, or significantly contribute to a substantial present or potential hazard to human health safety property or the environment when improperly treated, stored, transported disposed of or otherwise managed.

c. “Illicit Discharge” means any direct or indirect non-storm water discharge to the storm drain system.

d. “Municipal Separate Storm Sewer System” (MS4) means the system of conveyances (including, roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) owned and operated by the College and designed or used for collecting conveying storm water and that is not used for collecting or conveying sewage.

e. “Non-Storm Water Discharge” means any discharge to the storm drain system that is not composed entirely of storm water.

f. “Pollutant” means anything which causes or contributes to pollution. Pollutants may include but are not limited to: paints, varnishes, and solvents; oils and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes, refuse, rubbish, garbage, litter, or other discarded or abandoned objects, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals, animal wastes, waste residues that result from constructing a building or structure, and noxious or offensive matter of any kind.

g. “Storm Drainage System” means publicly owned facilities by which storm water is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention, and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures.

h. “Storm Water” means any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation and resulting from such precipitation.

2. Good Housekeeping and Pollution Prevention:

In accordance with the Clean Water Act established by the Environmental Protection Agency (EPA) and enforced by the Virginia Department of Environmental Quality (DEQ), some Colleges are required to implement and enforce written procedures as part of the Municipal Separate Storm Sewer System (MS4) permit program requirements to prevent to the maximum extent possible potential pollutants that will lead to a point discharge at a natural drainage way. The written procedures are outlined in the college’s Good Housekeeping and Pollution Prevention (GH&PP) manual.

3. If applicable, the Contractor shall at their own cost comply with the requirements of the referenced GH&PP manual which includes but not limited to, the following:

a. Shall not litter onto exterior surfaces or dump objects, substances or liquids into storm drains, but shall dispose of waste properly in intact containment;

b. Shall not carry out vehicle maintenance or washing;

c. Shall not power wash equipment with soaps, detergents and chemicals on exterior campus surfaces but only in designated equipment washing areas that lead to sanitary sewer system;

d. Shall cover all dumpsters at the end of the work day;

e. Shall plainly label and securely lid all containers and store all hazardous materials under cover;

f. Shall be directed by the College Contract Administrator for the location of dumpsters and porta potties, equipment, or vehicles. Any pollution prevention measures required for these items shall be provided at the cost of the Contractor. These items should be regularly inspected by the Contractor to ensure they are not leaking; and removed from the College property if found to be leaking;

g. Shall avoid mixing herbicides and pesticides, loading herbicides and pesticides into equipment, fueling equipment and vehicles on the College’s property. If unavoidable follow the guidance in the GH&PP Manual;

h. Shall have spill response material on site as a minimum for remediation of fuels, oils, and chemicals;

i. Shall ensure that the project site is free of potential pollutants and any necessary pollution prevention measures are in place prior to any required water testing procedures, use of power washers, air blowers or flushing of any substances onto exterior surfaces; and

j. Shall follow industry standards and EPA and DEQ regulations for purchasing, shipping, safe handling, storing, mixing, using, and disposing of pesticides, herbicides, and fertilizers.

4. In the event of a discharge of pollutant materials onto exterior campus surfaces or pollution of any amount enters the storm system, the Contractor shall immediately notify the College Contract Administrator and/or the Manager of Environmental Services and shall at their own cost remediate or arrange for proper abatement of the pollution or contamination hazards and the restoration of any affected property. If the Contractor fails to provide notification of a discharge of a pollutant, the Contractor shall be given a Notice of Non-Conformance of the contract.

5. The Contractor shall be responsible for payment of any fee, penalty, or fine assessed against the college for the discharge that may arise out of violation of the Clean Water Act. If the Contractor fails to take immediate action or remediate to the satisfaction of the College Contract Administrator, the College shall remediate the pollution and receive a credit in the existing contract for the cost of remediation.

6. The Contractor at their own cost shall be required to implement, inspect, maintain, clean, and repair pollution prevention controls throughout the duration of the work being performed and shall remove said controls at the end of the work upon approval of the College Contract Administrator. The College Contract Administrator, Inspector, and/or Manager of Environmental Services may conduct random and routine inspections throughout the duration of the work for the purpose of detecting a potential illicit discharge, and the Contractor’s maintenance of the prevention measures. The Contractor shall immediately correct deficiencies in response to an inspection report, verbal warning, warning letter or email to avoid a Notice of Violation, Consent Order, Injunctions, civil penalties and/or criminal penalties.

I. PESITCIDES FOR OUTDOOR VEGETATION:

1. The application, storage, transport, and disposal of all pesticides shall adhere to all federal, state, and local laws including the Virginia Department of Agriculture Regulations for Commercial Application of Pesticides. The application of pesticides shall be conducted in accordance with the manufacturer’s recommendations. Pesticides shall only be applied, as needed, when insects are detected. The Contractor shall adhere to the following:

a. Provide a copy of the Virginia Department of Agriculture and Consumer Services Commercial Pesticides Applicator Certificate or License for every Contractors representative or employee who will be performing on-site service under this Contract. At the minimum, the Contractor shall submit the Certificates of two individuals, one acting as a regular service representative the other serving as an alternate. The Contractor shall ensure that all licenses are updated and current. Copies of the contract employees who are certified in pesticide application will be kept on file by the Contractor for the duration of this Contract.

b. It shall be the Contractor’s responsibility to carry out work according to the approved use of pesticides for outdoor vegetation. The Contractor shall receive approval from the Contract Administrator prior to implementing any subsequent charges to the agreed upon method of applying pesticides as well as additions or replacement to the pesticide list to on-site service personnel.

c. The Contractor shall be responsible for ensuring that any pesticide application is performed during a period when there will be minimal contact with staff, students, or visitors to the

College. The Contractor shall ensure that the areas in which pesticides are being applied are clearly delineated and/or marked.

d. Pesticides shall not be applied within “Environmental Sensitive Areas” as shown on the maps in the Nutrient Management Plan to the Contractor.

2. Record Keeping: The Contractor shall be responsible for maintaining a logbook for each Campus.

These records shall be kept in the Contractor’s office and updated after each visit by the Contractor, with a copy to the Contract Administrator. The logbook shall contain the following: Labels and MSDS sheets for all inoculations, pesticides and herbicides used on site, and application records including sketches of the areas of application.

J. NUTRIENT MANAGEMENT PLAN:

1. The College is required per its Municipal Separate Sewer System (MS4) Program to implement a Nutrient Management Plan (NMP). The Contractor shall follow and implement the most updated version of a NMP provided to the Contractor.

2. Fertilization shall comply with the Nutrient Management Plan provided to the Contractor.

3. When the College Contract Administrator requests pest, disease, and insect control, the Contractor shall investigate all trees and provide a report based on observed conditions and recommended actions.

K. PROTECTION OF UTILITIES: The Contractor shall be responsible for protecting all utilities while in performance of their work, including contacting the utility company due to overhead power line or disturbance to underground utilities. The Contractor shall contact VA 811 for location of any underground services situated in the work area that could be damaged by the Contractor’s operation.

Should damage occur the Contractor shall immediately contact the appropriate utility organization and shall be responsible for all claims for damage due to the utility organization’s need to complete repairs of the underground or overhead utility services.

L. TRAFFIC MANAGEMENT: The Contractor shall conduct its operation in a manner that will ensure traffic will be uninterrupted to the extent possible. The Contractor shall use the personnel and traffic control signs and devices necessary to comply with VDOT regulations for traffic control, when they are working in or are near a roadway or parking lot. The Contractor shall be solely responsible for ensuring that its operations are conducted in a safe manner to prevent accident or injury to anyone. If for any reason there is a requirement for extended traffic closure, the Contract Administrator must be notified in advance, to coordinate with Campus Police.

M. PRUNING: Pruning shall be performed according to one (1) or more of the following specifications:

1. Crown Cleaning: Crown cleaning shall consist of the selective removal of the following items: dead, dying, diseased, weak branches and water sprouts from a tree’s crown. This will include all dead wood down to one (1) inch diameter.

2. Crown Thinning: Crown thinning shall consist of the selective removal of branches to increase light penetration, air movement, and reduce weight. The College in consultation with the Contractor’s Arborist will specify which trees may need this pruning method in addition to crown cleaning. At no time shall more than one-third (1/3) of the crown be removed on a thinning operation.

3. Crown Raising: Crown raising consists of the removal of lower branches of a tree to provide clearance of pedestrian and vehicular traffic and shall be performed as directed by the College.

Clearance heights shall be determined at a point 8 feet over a sidewalk. The lowest point of a branch overhang shall be fifteen (15) feet over the street.

4. Crown Restoration: Crown restoration pruning should be performed to improve the structure, form and appearance of trees that have been severely headed, vandalized, or storm damaged.

5. Note: The use of bucket trucks does not substitute the contractor from climbing trees to reach portions inaccessible from buckets. Additionally, at no time shall any of the contractor’s vehicles be driven on any surface without prior consent from the College Contract Administrator. Moreover, climbing irons, spurs, or spikes are not allowed on any tree(s) designated for pruning; they may only be used during the removal process.

N. TREE FELLING AND REMOVAL: Trees shall be removed in accordance with applicable industry standards and based on the following minimum requirements:

1. All trees to be removed shall be previously marked by the Contract Administrator or designee in consultation with the Contractor’s Arborist.

2. Extreme care shall be taken to prevent limbs, branches, and trunks from falling and causing personal injury or damage to, by way of illustration and not limitation, people, adjacent buildings, fences, trees, and other vegetation, vehicles, driveways, sidewalks, streets, and other property, both public and private.

3. Limbs and branches larger than four (4) inches in diameter shall be lowered to the ground using ropes or other mechanical devices.

4. Stumps are not to be left higher than three (3) inches above ground level.

5. All debris (brush, chips, logs) shall be transported off the campus or to the location designated by the College. No debris shall be left on the site overnight unless approved by the Contract Administrator in advance.

6. The contractor shall clean and rake turf areas, blow off parking and sidewalk areas, and clean up all debris generated by this work at the conclusion of each workday.

7. The Contractor shall restore any turf areas and grades damaged by vehicles or mechanical operations to their original condition.

8. No stumps or holes from stump grinding or from branch divots shall be left unsecured or open overnight.

O. STUMP GRINDING: The Contractor is responsible for grinding the stumps to a minimum depth of six

(6) inches below the soil line. Contractor will still be required to complete the work, even if access to the stumps may be limited at some locations. Stump grinding shall include surface roots spreading out 36” of the stump. All holes shall be backfilled with topsoil and crowned at least two (2) inches above surrounding grade. The Contractor shall re-seed the area with certified grass seed approved by the College, and mulch with straw. Holes shall not be backfilled with wood chips from the stumps to prevent the spread of disease or pest.

P. TREE CABLING: The Contractor shall be capable of properly installing cabling and rods in trees, to reduce the chance of failure on a healthy tree with structural weakness, to prolong the existence of a damaged tree and to reduce the hazard potential of a tree. All cables and rods should be tagged to include date of installation and installer.

Q. FERTILIZATION, PESTICIDE, AND INJECTIONS: The Contractor is responsible for the fertilization, application of pesticides and treatment of disease of trees on the College’s campus. The college prefers an environmentally friendly tree and shrub program. Such an eco-friendly approach will promote and protect environmental integrity. The implementation of an organic feeding and maintenance of college’s trees as described.

R. DAILY REMOVAL OF TRASH AND DEBRIS: The Contractor shall always keep the premises and adjacent areas free from accumulations of waste material or rubbish. At the completion of the work, he/she shall remove from and about the premises and adjacent areas, all rubbish, tools, and surplus materials and shall leave the work area clean, safe, and ready for use. No such debris shall be dumped/left on the College property overnight unless specifically authorized by the Contract Administrator or designee.

1. Contractor shall recycle all rubbish, to include but not limited to leaves, branches, logs, and chips on a daily basis in accordance with all local and state ordinances. The Contractor shall present evidence (such as delivered weigh tickets) to the College upon request as confirmation that all debris and scrap material are hauled to recycling site as opposed to disposal via a landfill or another unauthorized site.

2. Any work that cannot be completed and must be left overnight should be secured to prevent accidental injury to anyone. If any individual is injured, the contractor will hold full responsibility.

S. REPLACEMENT OF PLANT MATERIAL DUE TO CONTRACTOR NEGLIGENCE: All existing and new plant material of any and all kinds that die or are damaged due to negligence or a direct act of the Contractor shall be replaced at the Contractor’s expense and with the College Contract Administrator’s approval.

All replacement plant material shall be healthy and acclimated to the College’s region. The plant material shall be of the species, type or habit and be replaced by an equivalent number of trees to equal the total caliper of the damaged tree being replaced, unless otherwise determined by the College Contract Administrator. The College shall inspect and examine all replacement plant material and reject any material that does not meet the requirements of this section or is otherwise unacceptable.

T. EMERGENCY SERVICES:

1. Provide emergency tree pruning and removal crew for any emergency tree removal needs with a guaranteed response time of no more than 12 hours. The emergency tree crew shall at a minimum include the requirements:

a. One tow behind debris chipper, one dump bed chip truck, one climber and three grounds men. The debris chipper should have the capacity to chip wood with a minimum diameter of 12 inches.

2. The Contractor shall provide service level mandated by this IFB unless otherwise stipulated by the Contract Administrator in writing due to the nature of the emergency.

U. OPTIONAL SERVICES:

1. The College may request the Contractor provide a written estimate on a time and materials basis for all labor, materials, equipment, and supplies as required to provide optional tree maintenance services. The amount and cost of labor, and materials/supplies required must be provided to the Contract Administrator and approved by him or her prior to proceeding with any work under this contract. The College shall pay for all materials/supplies provided in this category by the Contractor without mark-up and at supplier’s invoiced amounts or at a negotiated discount from a published list price. Materials and supplies invoiced shall be provided to the Contract Administrator accompanying the Contractor’s invoice for the services.

2. The College retains the authority to procure or generate alternative cost estimates before granting authorization for the Contractor to proceed, particularly when the initial Contractor cost estimate is deemed unreasonable. In cases where the estimated costs for materials and/or the projected man-hours are deemed unreasonable, the Contractor may be requested to reassess and resubmit the estimate. A period of two (2) workdays will be allotted for the Contractor to provide a revised estimate. Should the revised estimate remain unreasonable, the College reserves the right to seek services from an alternative source.

V. ESTIMATES: The quantities specified in this solicitation are estimates only and are given for the purpose of the bid evaluation. They do not indicate the actual quantity that will be ordered since the volume will depend upon requirements that develop during the contract period.

IV. GENERAL TERMS AND CONDITIONS

A. VENDORS MANUAL: This solicitation is subject to the provisions of the Commonwealth of Virginia

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

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

C. ANTI-DISCRIMINATION: By submitting their bids, bidders certify to the Commonwealth that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and § 2.2-4311 of the Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia, § 2.2-4343.1E).

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

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

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

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

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

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

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

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

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

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

E. IMMIGRATION REFORM AND CONTROL ACT OF 1986: Applicable for all contracts over $10,000:

By entering into a written contract with the Commonwealth of Virginia, the Contractor certifies that the Contractor does not, and shall not during the performance of the contract for goods and services in the Commonwealth, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

F. DEBARMENT STATUS: By participating in this procurement, the vendor certifies that they are not currently debarred by the Commonwealth of Virginia from submitting a response for the type of goods and/or services covered by this solicitation. Vendor further certifies that they are not debarred from filling any order or accepting any resulting order, or that they are an agent of any person or entity that is currently debarred by the Commonwealth of Virginia. If a vendor is created or used for the purpose of circumventing a debarment decision against another vendor, the non-debarred vendor will be debarred for the same time period as the debarred vendor.

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

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

Modification of or additions to any portion of the Invitation for Bids may be cause for rejection of the bid; however, the Commonwealth reserves the right to decide on a case-by-case basis, in its sole discretion, whether to reject such a bid as nonresponsive. As a precondition to its acceptance, the Commonwealth may, in its sole discretion, request that the bidder withdraw or modify nonresponsive portions of a bid, which do not affect quality, quantity, price, or delivery. No modification of or addition to the provisions of the contract shall be effective unless reduced to writing and signed by the parties.

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

J. PAYMENT:

1. To Prime Contractor:

a. Invoices for items ordered, delivered, and accepted shall be submitted by the contractor directly to the payment address shown on the purchase order/contract.

All invoices shall show the state contract number and/or purchase order number;

social security number (for individual contractors) or the federal employer identification number (for proprietorships, partnerships, and corporations).

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

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

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

e. Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges.