INVITATION FOR BID TREE TRIMMING AND REMOVAL SERVICES
BID NO.: S16-077A
THIS PACKAGE CONSISTS OF:
1. General Conditions and Instructions to Bidders 2. Specific Bid Conditions 3. Specifications 4. Price Bid Sheet 5. Equipment List 6. Reference Sheet 7. Appendix A: Form A – Bid/Proposal Affidavit 8. Appendix B: Wage Requirements for County Service Contracts 9. Appendix B-1: Wage Requirements Certification for Service Contracts 10. Appendix B-2: 501 c (3) Nonprofit Organization’s Employee’s Wage and Health Insurance Form 11. Attachment A: Subcontractor Project Participation Statement 12. Attachment A-1: Subcontractor Participation Schedule 13. Attachment B: First Source and Local Hiring Requirement 14. Attachment B-1: First Source and Local Hiring Agreement 15. Attachment B-2: First Source and Local Hiring Agreement Compliance Report 16. Attachment C: RESERVED 17. Attachment D: Vendors Oath and Certification 18. Attachment E: Bidder/Offeror Affidavit & Statement of Ownership 19. Attachment F: Mid-Atlantic Purchasing Team Rider Clause 20. Attachment G: How to Apply For a Federal Employer Identification Number (EIN)
PRE-BID CONFERENCE
LOCATION: Prince George's County Government Office of Central Services Contract Administration and Procurement Division 1400 McCormick Drive, Suite 200 Largo, Maryland 20774
DATE & TIME: September 22, 2016 at 10:00 a.m.
The contract requirements will be reviewed at this time.
BIDS DUE DATE: October 7, 2016 at 3:00 p.m.
TO: Prince George's County Government Office of Central Services Contract Administration and Procurement Division 1400 McCormick Drive, Suite 200 Largo, Maryland 20774
GENERAL CONDITIONS AND INSTRUCTIONS TO BIDDERS
The general rules and conditions which follow apply to all purchases and become a definite part of each formal invitation for bid, purchase order or other award issued by the County Purchasing Agent, unless otherwise specified. Bidders or their authorized representatives are expected to fully inform themselves as to the conditions, requirements, and specifications before submitting bids; failure to do so will be at the Bidder's own risk and relief cannot be secured on the plea of error.
Subject to State and County laws and all rules, regulations and limitations imposed by legislation of the Federal Government, bids on all advertisements and invitations issued by the Office of Central Services will bind Bidders to applicable conditions and requirements herein set forth unless otherwise specified in the Invitation for Bid.
CONDITIONS OF BIDDING
1. Proposal Forms: Bids shall be submitted only on the forms Purchasing Agent, in writing, in ample time before the opening of bids. provided by the County. The Bidder shall retain one copy for his files Inquiries received within five (5) days of the date set for the opening of and submit one copy signed and sealed, in the envelope provided by bids will not be given consideration. Any interpretation made to the County. prospective Bidders will be expressed in the form of an addendum to the specifications which, if issued, will be sent to all prospective 2. Late Bids: Bids or proposals or amendments thereto must be Bidders no later than three (3) days before the date set for opening of received in the Contract Administration and Procurement Division bids. Oral answers will not be binding on the County. office or other such location as designated herein not later than the scheduled time and date for bid opening, or closing date and time for 11. Response to Invitations: In the event you cannot submit a bid receipt of proposals. Bids or proposals received (and time stamped) on our requirements, as set forth in the "Invitation, Bid, and after the scheduled time will be considered late and returned to the Agreement" attached hereto, please return the Invitation, Bid, and sender unopened. Postal delays or misrouting shall not constitute a Contract form with an explanation as to why you are unable to bid on basis for acceptance of late bids or proposals. these requirements. Because of the large number of firms listed on the County's qualified list of Bidders, it is necessary to delete from these 3. Withdrawal or Modification of Bids or Proposals: A written lists the names of those persons, firms or corporations who fail to request for the withdrawal of a bid or proposal, or modification of a bid, respond after having been invited to bid on a commodity or may be granted if the request and the envelope containing the request commodities for three successive bid openings. is identified with the Bid or Proposal number, title, time and date of bid opening, or closing date for receipt of proposals, and is received in the 12. Multiple Bids: No Bidder will be allowed to offer more than one Contract Administration and Procurement Division office prior to the price on each item even though he may feel that he has two or more scheduled bid opening time or closing time and date for receipt of types or styles that will meet specifications. Bidders must determine for proposals. themselves which to offer. IF SAID BIDDER SHOULD SUBMIT MORE THAN ONE PRICE ON ANY ITEM ALL PRICES FOR THAT ITEM 4. Mailing of Bids: Bids, which are to be publicly opened, will have MAY BE REJECTED AT THE DISCRETION OF THE COUNTY attached a special mailing envelope which must be used by Bidders in PURCHASING AGENT. presenting such bids. In the event that the bid contains bulky subject material, the special mailing envelopes must be firmly affixed to any 13. Taxes: Prince George's County is exempt from the following other wrapper being used. taxes: (a) State of Maryland by Certificate No. 3000-124-3; (b) District of Columbia Sales Tax by Exemption No. 9199-79411-01; (c) 5. Completeness: All information required by Invitation to Bid must Manufacturers Federal Excise Tax Registration No. 52710247-K. be supplied to constitute a proper bid. Bulletin 73-1 issued by the State of Maryland's Comptroller of the Treasury which states in part that Contractors and Subcontractors who 6. Bids Binding 60 Days: Unless otherwise specified all formal bid on jobs to construct realty for County governments must pay the bids submitted shall be binding for 60 calendar days following bid retail sales tax on all materials, equipment and supplies purchased to opening date, unless the Bidder(s), upon request of the Purchasing complete their contract. Further, they must pay sales tax on rental tools Agent, agrees to an extension. and equipment used in connection with the contract. Equipment purchased by such Contractors from out-of-state vendors is subject to 7. Conditional Bids: Qualified bids are subject to rejection in whole the tax when brought to Maryland. or in part. 14. Catalogs: Each Bidder shall submit in duplicate where necessary 8. Bids for All or Part: Unless otherwise specified by the County or or when requested by the Purchasing Agent, catalogs, descriptive by the Bidder, the Purchasing Agent reserves the right to make award literature, and detailed drawings, fully detailing features, designs, on all items, or on any of the items according to the best interests of construction, finishes and the like necessary to fully describe the the County. Bidder may restrict a bid to consideration in the aggregate material or work the Bidder proposes to furnish. by so stating, but should name a unit price on each item bid upon; any bid in which the Bidder names a total price for all the articles without 15. Competency of Bidders: The County reserves the right to reject quoting a price on each separate item, may be rejected at the option of any bid or proposal from any person, firm or corporation that is in the County. arrears or in default to Prince George's County upon any debt or contract, or that is a defaulter, as surety or otherwise, upon any 9. Errors in Bids: When an error is made in extending total prices, obligation to said County, or had failed to perform faithfully any the unit bid price will govern. Carelessness in quoting prices, or in previous contract with the County. The Bidder, if requested, must preparation of bid otherwise, will not relieve the Bidder. Erasures or present within 48 hours evidence satisfactory to the Purchasing Agent changes in bids must be initialed. of performance ability and possession of necessary facilities, pecuniary resources and adequate insurance to comply with the terms of these 10. Questions Re: Specifications: Any information relative to specifications and contract documents. interpretation of specifications and drawings shall be requested of the
16. Access to Information About Hazardous and Toxic Substances Act: In accordance with Subtitle 32 of the Maryland SPECIFICATIONS Occupational Safety and Health Law: If any product or substance being offered herein is classified as either a "Hazardous Chemical" or 21. Trade Names: In cases where an item is identified by a a "Health Hazard" as defined therein, then Bidder shall submit with the manufacturer's name, trade name, catalog number or reference, it is bid a material safety data sheet for each product or substance being understood that the Bidder proposes to furnish the item so identified offered. Failure to comply with this requirement may result in bid being and does not propose to furnish an "equal" unless the proposed declared non-responsive. "equal" is definitely indicated therein by the Bidder.
Additionally, Bidder agrees (by virtue of bid submittal) to comply with The reference to the above catalog is intended to be descriptive but all provisions of Subtitle 32. not restrictive and only to indicate to the prospective Bidder articles that will be satisfactory. Bids on other makes and catalogs will be BID DEPOSIT considered, provided each Bidder clearly states on the face of his proposal exactly what he proposes to furnish, and forwards with his 17. Bid Bond, Certified or Cashier's Check: When required, each bid, a cut, illustration, or other descriptive matter which will clearly bid shall be accompanied by a bid bond signed by a surety company indicate the character of the article covered by his bid. authorized to do business in the State of Maryland. An annual bid bond on file with the County with an uncommitted balance equal to the bid The Purchasing Agent hereby reserves the right to approve as an shall be acceptable as surety. The County will also accept a cashier's equal, or to reject as not being an equal, any article the Bidder check, certified check, U.S. Postal Money Order, or Treasurer's check proposes to furnish which contains major or minor variations from drawn on a responsible bank doing business in the United States, specification requirements but may comply substantially therewith. which is made payable to Prince George's County, Maryland. When computing amount of Bid for certified check purposes, do NOT deduct If no particular brand, model, or make is specified, and if no data are for trade-ins. required to be submitted with the bid, the successful Contractor after award and before manufacture or shipment, may be required to submit 18. Annual Bid Bonds: Bidders who regularly do business with the working drawings or detailed descriptive data sufficient to enable the County shall be permitted to file with the Contract Administration and Purchasing Agent to judge if each requirement of the specifications is Procurement Division an annual bid bond in the amount specified being complied with. below. Such annual bonds shall be acceptable as Surety in lieu of the furnishing of surety with each individual transaction. 22. Formal Specifications: The Bidder shall abide by and comply with the true intent of the specifications and not take advantage of any Annual bid bonds shall be in an amount as determined by the Bidder, unintentional error or omission, but shall fully complete every part as of no less than $2,000.00. If at any time, the requirements of a specific the true intent and meaning of the specifications, and drawings. bid invitation exceeds the amount of the annual bid bond, or should the Whenever herein mention is made of any article, material, or aggregate amount of the bid security requirements on all unresolved workmanship to be in accordance with laws, ordinances, building bids submitted by your firm exceed the amount of the annual bid bond, codes, underwriter's codes, A.S.T.M. standards, or similar expressions, additional surety will be required in the appropriate sum. the requirements of these laws, standards, etc., shall be construed as to the minimum requirement of these specifications. 19. Performance Bond: The successful Bidder or Bidders on this bid must furnish a performance bond as indicated on the bid cover, All deviations from the specifications must be noted in detail by the made out to Prince George's County, Maryland, prepared on an Bidder, in writing, at the time of submittal of the formal bid. The approved form, as security for the faithful performance of his contract, absence of a written list of specification deviations at the time of within ten days of his notification that his bid has been accepted. The submittal of the bid will hold the Bidder strictly accountable to the surety thereon must be such surety company or companies as are County to the specifications as written. Any deviation from the authorized and licensed to transact business in the State of Maryland. specifications as written not previously submitted, as required by the Attorneys in fact who sign bid bonds must file with each bond a above, will be grounds for rejection of the material and/or equipment certified copy of their power of attorney to sign said bonds. The when delivered. successful Bidder or Bidders upon failure or refusal to furnish within ten days after his notification the required performance bond, shall AWARD forfeit to Prince George's County, Maryland, as liquidated damages their bid deposit. 23. Award or Rejection of Bids: The contract will be awarded to the lowest responsible and responsive Bidder complying with the 20. Samples: The samples submitted by Bidders on items which provisions of the Invitation, provided the bid price is reasonable and it they have received an award may be retained by the County until the is to the interest of the County to accept it. The Purchasing Agent delivery of contracted items is completed and accepted. Bidders whose reserves the right to reject any or all bids and to waive any informality samples are retained may remove them after delivery is accepted. in bids received whenever such rejection or waiver is in the interest of the County. The Purchasing Agent also reserves the right to reject the Samples on which Bidders are unsuccessful must be removed as soon bid of a Bidder who has previously failed to perform properly or as possible after award has been made on the item or items for which complete on time contracts of a similar nature, or a bid of a Bidder the samples had been submitted. The County will not be responsible whose investigation shows is not in a position to perform the contract. for such samples if not removed by the Bidder within 30 days after the award has been made. In determining responsibility, the following qualifications, in addition to price, will be considered by the Purchasing Agent. Bidders shall make all arrangements for delivery of samples to the place designated as well as the removal of samples. Cost of delivery a. The ability, capacity and skill of the Bidder to perform the service and removal of samples shall be borne by the Bidder. required within the specified time. All samples packages shall be marked "Samples for Purchasing Division" and each sample shall bear the name of the Bidder, item b. The character, integrity, reputation, judgment, experience and number, and shall be carefully tagged or marked in a substantial efficiency of the Bidder. manner. Failure of the Bidder to clearly identify samples as indicated may be considered sufficient reason for rejection of bid. c. The quality of performance of previous contracts or services. d. The previous and existing compliance by the Bidder with laws
and ordinances relating to previous contracts with the County and entered into where it is discovered that the violation of the intent of this to the Bidder's employment practices. provision exists shall be declared null and void and all monies received e. The sufficiency of the financial resources and ability of the Bidder by the Contractor shall be returned to the County. Whenever any to perform the contract or provide the services. person shall be convicted of a falsely executing a statement under oath, as required above, such person shall be deemed guilty of a f. The quality, availability and adaptability of the supplies, or misdemeanor and upon conviction, shall be subject to a fine not contractual services, to the particular use required. exceeding one thousand dollars ($1,000) or imprisonment not exceeding six (6) months, or both such fine and imprisonment. The g. The ability of the Bidder to provide future maintenance and provisions of the "Vendor's Oath and Certification" which is attached service for the use of the subject of the contract. hereto apply to any contract entered into by Prince George's County, Maryland. h. Whether the Bidder is in arrears to the County, in debt on contract or is a defaulter on surety to the County or whether the 28. Statement of Ownership - CB 1-1992: Each and every Bidder's taxes or assessments are delinquent. individual whether a sole proprietor, partnership, limited partnership, joint stock company, association, corporation or any other form of i. The resale value and life cycle costs of the subject of the business entity responding to a bid solicitation shall provide a contract. statement of the ownership and shall contain: j. Such other information as may be secured by the Purchasing a. A statement by the business entity or its authorized Agent having a bearing on the decision to make the award. representative listing the name or names as well as the business and residence address of all those individuals having a ten In determining a Bidder's responsiveness, the Purchasing Agent shall percent (10%) financial interest in the business entity. consider material deviations from the advertised specifications which materially affect price, quantity, quality or limit the Bidder's liability. b. A corporation shall file a statement listing the officers of the corporation, their business and residence addresses, the date of 24. Indemnity: Contractor shall indemnify, keep and save harmless which they assumed their respective offices, a list of the current the County, its agents, officials and employees, against all injuries, Board of Directors, their business and residence addresses as death, loss damages, claims, patent claims, suits, liabilities, judgments, well as the date on which each Director assumed his office and costs and expenses, which may in anywise accrue against the County the date of which his term shall expire. in consequence of the granting of this contract of which may in anywise result therefrom, whether or not it shall be alleged or c. In addition to the requirement set forth in (a) above, a corporation determined that the act was caused through negligence or omission of must file a statement containing the names and residence the Contractor or his employees, of the Subcontractor or his addresses of those individuals owning at least ten percent (10%) employees, if any, and the Contractor shall, at his own expense, of the shares of any class of corporate security, including but not appear, defend and pay all charges of attorneys and all costs and limited to, stocks of any type or class and serial maturity bonds of other expenses arising therefrom or incurred in connection therewith, any type or class. and if any judgment shall be rendered against the County in any such action, the Contractor shall at his own expense, satisfy and discharge d. Any statement filed pursuant to CB 1-1992 shall be valid for a the same. Contractor expressly understands and agrees that any period of one year from the date it is filed, provided that the performance bond or insurance protection required by this contract, or information contained therein is updated as necessary upon the otherwise provided by Contractor, shall in no way limit the award of any subsequent contract. responsibility to indemnify, keep and save harmless and defend the County as herein provided. e. No contract shall be finally awarded unless there has been compliance with the provisions of this section. 25. Collusive Bidding: The Bidder certifies that his bid is made without any previous understanding, agreement of connection with any 29. Bidders Qualification Statement: Every person, upon person, firm, or corporation making a bid for the same project without submitting a bid proposal or other application for a contract with a prior knowledge of competitive prices, and is in all respects fair, without public body, shall submit an affidavit stating to its best knowledge outside control, collusion, fraud or otherwise illegal action. whether it or any of its officers, directors, or partners, or any of its employees who are directly involved in obtaining or performing 26. Identical Bidding - Executive Order No. 10946: All identical contracts with any public bodies has: bids submitted to the County as a result of advertised procurement for materials, supplies, equipment or services exceeding $1,000.00 in total (1) been convicted of bribery, attempted bribery, or conspiracy to amount shall, at the discretion of the County, be reported to the bribe, under the laws of any state or of the federal government; Attorney General of the United States in accordance with Form DJ- 1510 and the Presidential Order dated April 24, 1961 for possible (2) been convicted under a State or federal law or statute of any violation and enforcement of antitrust laws. offense enumerated in Section 16-203; or
27. Conflict of Interest: As a prerequisite for the payment pursuant (3) been found civilly liable under a State or federal antitrust statute to the terms of this contract, there shall be furnished to the County a as provided in Section 16-203. statement, under oath that no member of the elected governing body of Prince George's County, or members of his or her immediate family, 30. Brokering: The County shall not contract with any broker unless including spouse, parents, or children, or any person representing or brokering is a standard practice in the applicable industry with respect purporting to represent any member or members of the elected to which such contract relates or as provided by the waiver of the governing body has received or has been promised, directly or Purchasing Agent. indirectly, any financial benefit, by way of fee, commission, finders fee, political contribution, or any other similar form of remuneration and/or 31. Notice of Acceptance: A written award (or acceptance of bid) on account of the acts of awarding and/or executing the contract and mailed (or otherwise furnished) to the successful Bidder within the time that upon request by the County, as a prerequisite to payment for acceptance specified in the Invitation to Bid shall be deemed to pursuant to the terms of this contract, there will be furnished to the result in a binding contract without further action by either party. requester, under oath, answers to any interrogatories related to a 32. Tie Bids: If two or more bids are equally qualified for award, the possible conflict of interest as herein embodied. Any contract made or bid shall be awarded in the following order: Prince George's County
based Minority Business Enterprise, Prince George's County based business, other Minority Business Enterprise, Maryland based 40. Default Remedies: The contract may be canceled or annulled by business, and any other fair and equitable manner determined by the the Purchasing Agent or his designee in whole or in part by written Purchasing Agent. notice of default to the Contractor for any of the following reasons: failure to perform in accordance with contract specifications, failure to 33. Specific Bid Quantities: Where quantities are specifically make timely delivery of supplies or services as stipulated in the bid or stated, acceptance will bind the County to order quantities specified proposal, violation of any contract term, suspension or debarment for and to pay for, at contract prices, all such supplies or services reasons of civil or criminal indictment or conviction, failure to prosecute delivered that meet specifications and conditions of the contract. the work or any separable part thereof with such diligence as to insure However, the County will not be required to accept delivery of any its completion within the time specified in the contract, or any extension balances unordered, as of the contract expiration date, unless thereof, fraud or misrepresentation on a County contract, or failure to Contractor furnishes the Purchasing Agent with a statement of make timely replacement or correction of rejected articles or services. unordered balances not less than ten days after the termination date of In the event of partial termination for default, the Contractor shall the contract. continue the performance of the contract to the extent not terminated.
34. Requirements Bid Quantities: On "Requirements" bids, In the event of default by the Contractor, the County may re-procure acceptance will bind the County to pay for, at unit bid prices, only similar articles or services in such manner as to facilitate the most quantities ordered and delivered. expeditious delivery or performance.
35. Protests: Any Bidder which alleges that it has been or will be The Bidder/Offeror agrees by virtue or submitting a bid or proposal in improperly denied the award of bid may protest the decision or response to this solicitation, that the Contractor is obligated to the potential decision of the County after the receipt and opening of bids. County for any excess re-procurement costs incurred by the County as Any protest shall be in writing and filed in duplicate with the County a result of the Contractor's default. Excess re-procurement costs shall Purchasing Agent in an envelope marked "PROTEST." The protest be defined as the difference between the defaulting Contractors shall set forth the identity of the protestor, the identity of the contract price and the price paid by the County for similar goods or procurement activity, the basis for the protest, including supporting services, plus any additional costs incidental by accelerating delivery, exhibits and documents which substantiate the protestor's allegations. and any reasonable administrative expenses incurred by the County in All protests shall be delivered not later than seven (7) days after the making the re-procurement. protestor knew or should have known of the facts and circumstances upon which the protest is based. Based upon the information contained The Contractor agrees by submitting a bid or proposal that such in the protest, the Purchasing Agent may schedule a hearing or issue a excess re-procurement costs may be recovered by the County by: 1) decision based upon the record. If a hearing is granted, it shall be deduction of such amount from monies owed the Contractor on this or scheduled promptly and a written decision shall be issued as any other contract(s) the Contractor may have with the County, 2) by expeditiously as possible. recourse to the Contractor's surety, 3) by direct payment by the Contractor to the County or 4) legal action against the Contractor. Protests based upon alleged improprieties in any type of solicitation which are apparent before bid opening or the closing date for receipt of 41. Termination For Convenience: The performance of work under proposals shall be delivered before bid opening or closing date for this contract may be terminated by the County within 30 days written receipt of proposals. Protests not delivered within the time periods notice or such time as mutually agreeable to the parties not to exceed specified above shall be untimely. 30 days, in accordance with this clause in whole, or from time to time in part, whenever the Purchasing Agent shall determine that such CONTRACT PROVISIONS termination is in the best interest of the County. The County will pay all reasonable costs associated with this contract that the Contractor has 36. Availability of Funds: A contract shall be deemed executory incurred up to the date of termination and all reasonable costs only to the extent of appropriations available to each agency for the associated with termination of the contract. However, the Contractor purchase of such articles. The County's extended obligation on those may not be reimbursed for any anticipatory profits which have not been contracts which envision extended funding through successive fiscal earned up to the date of termination. periods shall be contingent upon actual appropriations for the following fiscal year. 42. Liability: The Contractor shall not be liable in damages for delay in shipment or failure to deliver when such delay or failure is the result 37. Contract Alterations: No alterations or variables in the terms of of fire, flood, strike, act of God, act of government, act of an alien a contract shall be valid or binding upon the County unless made in enemy or by any other circumstances which, in the Purchasing Agent's writing and signed by the Purchasing Agent or his authorized agent. opinion, is beyond the control of the Contractor. Under such circumstances, however, the Purchasing Agent may in his discretion, 38. Expiration of Contracts: Contracts will remain in force for full cancel the contract. periods specified and until all articles ordered before date of expiration shall have been satisfactorily delivered and accepted and thereafter 43. New Goods, Fresh Stock: All contracts, unless otherwise until all requirements and conditions shall have been met, unless: specifically stated, shall produce new commodities, fresh stock, latest model, design or pack. a. Terminated prior to the expiration date. 44. Non-Discrimination: A Contractor who is the recipient of County b. Extended upon written authorization of the Purchasing Agent to Funds, or who proposes to perform any work or furnish any goods permit ordering of unordered balances or additional quantities at under this agreement shall not discriminate against any worker, contract prices and in accordance with contract terms. employee or applicant, or any member of the public because of religion, race, sex, age, physical or mental disability, or perceived 39. Subletting of Contract: It is mutually understood and agreed disability. Discriminatory practices based upon the foregoing are that the Contractor shall not assign, transfer, convey, sublet, or declared to be contrary to the public policy of the County. Contractor otherwise dispose of his contract or his right, title or interest therein, or agrees to be in full compliance with the federal mandates of the his power to execute such contract, to any other person, firm or Americans with Disabilities Act. Contractor further agrees that this corporation, without the previous written consent of the County article will be\incorporated by Contractor in all contracts entered into Purchasing Agent, but in no case shall such consent relieve the with suppliers of materials or services; and Contractors and Contractor from his obligations, or change the terms of the contract. Subcontractors and all labor organizations, furnishing skilled, unskilled
and craft union skilled labor, or who may perform any such labor The Name of the Article and Stock Number (Supplier's) services in connection with this contract. The Quantity Ordered The Quantity Shipped 45. Guarantee: Unless otherwise specified, the Contractor shall The Quantity Back Ordered unconditionally guarantee the materials and workmanship on all The Name of the Contractor equipment furnished by him for a period of one year from date of acceptance of the items delivered and installed, unless otherwise Bidders are cautioned, that failure to comply with these conditions specified herein. If, within the guarantee period, any defects or signs of SHALL BE CONSIDERED SUFFICIENT REASON FOR REFUSAL TO deterioration are noted, which, in the opinion of the County are due to ACCEPT THE GOODS. faulty design and installation, workmanship, or materials, upon ratification, the Contractor, at his expense, shall repair or adjust the 53. General Guaranty: Contractor agrees to: equipment or parts to correct the condition, or he shall replace the part or entire unit to the complete satisfaction of the County. These repairs, a. Save the County, its agents and employees harmless from replacements or adjustments shall be made only at such time as will liability of any nature or kind for the use of any copyrighted or un- be designated by the County at least detrimental to the operation of copyrighted composition, secret process, patented or unpatented, County business. invention, article or appliance furnished or used in the performance of the contract which the Contractor is not the 46. Placing of Orders: Orders against contracts will be placed with patentee, assignee, licensee or owner. the Contractor on either a Purchase Order or Blanket Purchase Order executed and released by the Purchasing Agent. Telephonic orders b. Protect the County against latent defective material or placed directly with the Contractor by the ordering agency may be workmanship and to repair or replace any damages or marring authorized by the Purchasing Agent, only after execution of a Blanket occasioned in transit or delivery. Purchase Order. c. Furnish adequate protection against damage to all work and to 47. Provision for Other Agencies: Unless otherwise stipulated by repair damages of any kind, to the building or equipment, to his the Bidder, the Bidder agrees when submitting his bid that he will make own work or to the work of other Contractors, for which he or his available to all County agencies and departments, bi-County agencies, workmen is responsible. in-County municipalities, the bid prices he submits in accordance with the bid terms and conditions, should any said department or agency d. Pay for all permits, licenses and fees and give all notices and wish to buy under this bid proposal. comply with all laws, ordinances, rules and regulations of the County and State of Maryland. 48. Delinquent Tax Setoffs: In the event that the Contractor owes money to the County as a result of the entry of judgment, debt arising 54. Cartage: No charge will be allowed for cartage on packages out of a contract, default as surety to the County, delinquent taxes or unless by special agreement, in writing, by the Purchasing Agent. assessments or for any other debt or liquidated damages, the County may withhold and set-off such sums owed to the County from A) Minority Business Enterprise - A business enterprise which is payments owed to the Contractor by virtue of this or other contracts. at least fifty-one percent (51%) owned by one or more minority individuals, or in the case of a publicly-owned corporation, at least fifty- DELIVERY PROVISIONS one percent (51%) of the stock is owned by one or more minority individuals, and whose general management and daily business affairs 49. Responsibility for Materials Shipped: The Contractor shall be and production operations are controlled by one or more minority responsible for the materials or supplies covered by this contract until individuals and which has been certified by the Prince George's County they are delivered at the designated point, but the Contractor shall Supplier Development & Diversity Division (SDDD). bear all risk on rejected materials or supplies after notice of rejection. Rejected materials or supplies must be removed by and at the For purposes of this solicitation and any subsequent contract award, a expense of the Contractor promptly after notification of rejection, business enterprise shall be deemed a Certified Minority Business unless public health and safety require immediate destruction or other Enterprise, only upon the determination made by the Prince George's disposal of rejected delivery. Upon failure to do so within ten days after County Supplier Development & Diversity Division (SDDD) prior to the date of notification, the County may return the rejected materials or designated bid opening date and time. supplies to the Contractor at his risk and expense, or dispose of them as its own property. (B) Minority Individuals - African Americans (Black Americans), Hispanic Americans, Asian Americans, Females, Native Americans, 50. Inspections: Inspection and acceptance of materials or supplies Eskimos, Aleuts, Veterans and Service Disabled Veterans. will be made after delivery. Final inspection shall be conclusive except as regards latent defects, fraud, or such gross mistakes as amount to GENERAL CONDITIONS fraud. Final inspection and acceptance or rejection of the materials or supplies will be made as promptly as practicable, but failure to inspect Pursuant to the provisions of CB 1-1992, the following conditions and accept or reject materials or supplies shall not impose liability on apply: the County for such materials or supplies as are not in accordance with the specifications. All delivered materials shall be accepted subject to 1. Minority Business Enterprise - Bonus Point Calculations inspection and physical count. In determining the lowest responsible and responsive Bidder, the 51. Time of Delivery: Deliveries will be accepted between 8:30 a.m. Purchasing Agent will adjust the bid price(s) submitted by a Prince and 4:00 p.m. on weekdays only. No deliveries will be accepted on George's County Based Minority Business Enterprise, or a non- Saturdays, Sundays or County Holidays. resident Minority Business Enterprise, for the purpose of evaluation and award only, by reducing the bid price(s) of such firm(s) by 52. Packing Slips or Delivery Tickets: ALL SHIPMENTS or application of bonus factors according to the following schedule: DELIVERIES shall be accompanied by Packing Slips or Delivery Tickets, and shall contain the following information for each item delivered:
The Purchase Order Number
days after the bid opens, may be deemed to be not responsible, and (a) For contracts valued at one million dollars or less: the bid may be rejected.
County Based e. If a County Certified Minority Business Enterprise is bidding Bid of Lowest Minority Business Minority Business as the prime Contractor and certifies in writing that performance of the Responsive Bidder Enterprise Enterprise work under the contract, comprising at least 51% of the contract value will be accomplished by his/her own work force, the mandatory Factored by .05 .10 Minority Business Enterprise subcontract goal is waived.
(b) For contracts valued at greater than one million dollars: 3. Restricted Bid
County Based If indicated elsewhere in this solicitation that the bid is restricted Bid of Lowest Minority Business Minority Business to Certified Minority Business Enterprises, bids from Certified Minority Responsive Bidder Enterprise Enterprise Business Enterprises only will be accepted. The Bidder must be certified prior to the time and date specified for bid opening. No award Bid Price Subtracted by $50,000.00 $100,000.00 will be made under a "restricted" bid if the resultant low bid exceeds by fifteen percent (15%) the most recent unit price for the same or most 2. Mandatory Subcontracting to Minority Business Enterprises: recently comparable goods or services, unless the Supplier Development & Diversity Division (SDDD) determines that prices in the If indicated elsewhere in this solicitation that the contract is relevant market have, for all vendors, regardless of minority status, designated as requiring mandatory subcontracting to Certified Minority increased beyond fifteen percent (15%) since the last time similar Business Enterprises, the following provisions apply to the solicitation: goods or services were procured.
(a) The percentage of the contract to be subcontracted shall be as specified elsewhere in the solicitation documents and shall not be less than that percentage of the total contract value unless the Purchasing Agent after consultation with the Supplier Development & Diversity Division (SDDD) determines that a contract containing the subcontract goal cannot be obtained at a reasonable price, and that the public interest will be served by permitting a lesser percentage to be subcontracted.
(b) The apparent successful Bidder, in order to be deemed a responsible Bidder, shall submit with the bid, a Minority Business Enterprise Utilization Plan, on the forms to be provided by the County.
(c) If a Bidder is unable to achieve any or all of the specified subcontract goal for certified minority business enterprise participation, a waiver request may be submitted in conjunction with or in lieu of the Minority Business Enterprise Utilization Plan. The waiver request shall include the following:
(1) A detailed statement of the efforts made to select portions of the work proposed to be performed by Minority Business Enterprises in order to increase the likelihood of achieving the stated goal
(2) A detailed statement of the efforts made to contact and negotiate with minority business enterprises including
(A) The names, addresses, dates, and telephone numbers of Minority Business Enterprises contacted, and
(B) A description of the information provided to Minority Business Enterprises regarding the plans, specifications, and anticipated time schedule for portions of the work to be performed;
(3) As to each Minority Business Enterprise that placed a subcontract quotation or offer which the Bidder considered not to be acceptable, a detailed statement of the reasons for this conclusion; and
(4) A list of Minority Business Enterprise Contractors found to be unavailable to perform under the contract.
The Purchasing Agent may grant the waiver only upon a reasonable demonstration by the Bidder that the Minority Business Enterprise participation goal is unable to be obtained at a reasonable price and if the Purchasing Agent determines that the public interest will be served.
d. A Bidder who fails to submit the information required under b) and c) above, with the bid, or whose named Subcontractor, if currently not certified by the County, fails to become certified within 14
PRINCE GEORGE’S COUNTY, MARYLAND OFFICE OF CENTRAL SERVICES Supplier Development & Diversity Division (SDDD) The Official Certification Agency for Prince George’s County THE MINORITY BUSINESS ENTERPRISE PROGRAM
As defined in County Code 10A-101(a)26, an MBE is a business enterprise that is at least fifty-one percent (51%) owned and operated on a daily basis by one or more minority individuals, or, in the case of any publicly- owned corporation, at least fifty-one percent (51%) of the stock of which is owned by one or more minority individuals: African Americans; Hispanic Americans, Asian Americans, Native Americans, Aleut, Eskimos, Women, and/or Veterans (to include Service Disabled Veterans).
The MBE Program in Prince George’s County requires certification with either the Maryland Department of Transportation (MDOT), the Washington Metropolitan Area Transit Authority (WMATA), the Capital Region Minority Supplier Development Council (CRMSDC), the National Minority Supplier Development Council (NMSDC), the Department of Veterans Affairs (VA), the Women Presidents’ Education Organization (WPEO) or the US Pan Asian American Chamber of Commerce (USPAACC) and the completion of the County’s Vendor’s online Registration. To obtain MBE certification in Prince George’s County, please follow these two steps: I. Register your company in the County at: http://diversity.mypgc.us Vendor’s online Registration II. Complete a Minority Business Enterprise/Disadvantage Business Enterprise (MBE/DBE) Application with at least one of the following organizations: a. The Maryland Department of Transportation (MDOT) 1-800-544-6056/ Website: www.mdot.state.md.us b. The Washington Metropolitan Area Transit Authority (WMATA)(DBE only) (202) 962-2409/Website: www.wmata.com c. The Capital Region Minority Supplier Development Council (CRMSDC) (301)593-5860/Website: www.crmsdc.org d. The National Minority Supplier Development Council (NMSDC) (212) 944-2430/Website: www.nmsdc.org e. The Department of Veterans Affairs (VA) (202) 303-3260/Website: www.vetbiz.gov f. The Women Presidents’ Education Organization (WPEO) (202) 595-2632/Website: www.wpeo.us g. The U.S. Pan Asian American Chamber of Commerce (USPAACC) (202) 296-5225/Website: www.uspaacc.com
Once your company is certified with one of the above mentioned approved agencies, submit a copy of your MBE/DBE Certification letter along with a notarized copy of our Universal Certification Application and all required supporting documents to the address listed below. The Prince George’s MBE Certification is valid for one year only; re-certification is required annually and can be obtained by completing a Re-certification Application and submitting required supporting documentation using the contact information below.
Supplier Development & Diversity Division 1400 McCormick Drive, Suite 281, Largo, MD 20774 Telephone (301) 883-6480 Fax: (301) 883-6479
PRINCE GEORGE’S COUNTY, MARYLAND OFFICE OF CENTRAL SERVICES Supplier Development & Diversity Division (SDDD)
The Official Certification Agency for Prince George’s County
DISADVANTAGED BUSINESS ENTERPRISE PROGRAM (DBE)
As defined in 10A-101 (a) (16.1), Disadvantaged Business Enterprise (DBE) is a small business concern that is at least 51 percent owned and operated on a daily basis by one or more individuals who are both socially and economically disadvantaged or, in the case of a corporation, in which 51 percent of the stock is owned by one or more such individuals.
The County’s DBE program is designed to encourage and assist disadvantaged business enterprises to contract with the County for goods and services. This program operates in accordance with the U.S. Department of Transportation Regulations, as set forth in 49 CFR Part 26.
DBE CERTIFICATION REQUIREMENTS:
Any business claiming to be a “Disadvantaged Business” may obtain DBE certification in the County following these two steps:
I- Register the company in the County at: http://diversity.mypgc.us
Vendor’s online Registration
II- Apply and obtain DBE Certification with one of the following organizations:
1- Maryland Department of Transportation (MDOT)
2- Washington Metropolitan Transit Authority (WMATA)
Once the company is certified by MDOT, or WMATA as a DBE, please submit a copy of the DBE Certification letter along with a notarized copy of the Universal Certification Application and all supporting documents to the Supplier Development & Diversity Division (SDDD) using the contact information below.
Supplier Development & Diversity Division 1400 McCormick Drive, Suite 281, Largo, MD 20774 Telephone (301) 883-6480 Fax: (301) 883-6479
DID YOU KNOW you can apply for Prince George’s County-Based Business Certification? Click here for more information.
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BID NO.: S16-077A INVITATION FOR BID PAGE 1 TREE TRIMMING AND REMOVAL SERVICES SPECIFIC BID CONDITIONS
1. INTENT: It is the intent of this Invitation for Bid to establish a term contract with qualified Contractors to provide emergency response for tree trimming and removal services, elevation trimming, right-of- way recovery (trees), pruning and maintenance trimming at various locations throughout Prince George's County as determined by the Department of Public Works and Transportation, Office of Highway Maintenance, Special Services Division. The contract shall be County-wide in coverage; however, work orders for the elevation trimming and pruning locations shall be Grouped by Subdivision (or defined by Departmental Engineering Districts), work orders for right-of-way recovery (trees) will be site specific, and service requests and maintenance work orders shall be within two zones: Northern Zone; areas north of Maryland Route 214, Southern Zone; areas south of Maryland Route 214.
2. TERM: The initial term of this contract will be for two (2) years. The County will have the option to extend the contract by mutual agreement of the parties for three (3) additional one year periods.
3. SCOPE: Contractors shall provide all necessary labor, equipment, supervision, permits, materials, dumping location and fees, and all other items necessary to perform the work according to the specifications of this bid. Term contract(s) shall be awarded for the following: Furnish two-man crews, with supervision, specified vehicles, equipment and tools, on a full time, 40 productive hours per week basis, to trim and prune specified trees and the disposal of the brush, limbs, branches and wood in response to routine service requests and normal maintenance within each zone. Furnish the required sized crews, with supervision, specified vehicles, equipment and tools, as needed for normal and scheduled subdivision trimming and pruning of designated trees, and the removal and disposal of the materials generated during such activities as requested under the general direction of the Special Services Division. Furnish crews, with supervision, specified vehicles, equipment and tools, as needed for right-of-way recovery (trees) and cleanup consisting of the removal and disposal of designated trees, limbs, brush, tree debris and other brush and vegetation removal and disposal to provide the recovery of road rights-of-way under the general direction of the Special Services Division. As required, all crews shall also be made available to standby for assigned normal and after hour storm damage emergency response and cleanup. Two-man crews with supervision, specified vehicles, equipment and tools shall be requested for normal and after hour emergency response during storm events for damage cleanup consisting of the removal of designated trees, limbs, brush, tree debris and other related emergency service tree maintenance requirements generated and stemming from severe weather conditions at the request and under the general direction of the Special Services Division.
4. PRICE: The pricing shall remain firm-fixed for the initial contract period and may be adjusted, for any extension, in accordance with Paragraph 5 below.
5. ADJUSTMENT IN CONTRACT PRICE: The unit price(s) established in the contract may be adjusted upon receipt of a written request from the Contractor 90 days prior to the renewal period. Any adjustment made will be in accordance with the CPI-W for the Washington Metropolitan Area using the index for the month of December prior to the extension of the contract period. Any price adjustment shall be at the sole option of the County or based on availability of funds.
6. AWARD: The County intends to make multiple awards by Group to establish the required crews for these services to the lowest responsive and responsible Bidders capable of providing the service to the satisfaction of the County. Also, in determining responsibility, the following qualifications, in addition to price, listed in the "General Conditions and Instructions to Bidders," Paragraph 23, (a) through (j) will be applicable. The County, in order to insure adequate Contractors/crews for these services, reserves the right to make multiple awards for each Group. It is anticipated that the County will award a minimum of three contracts per Group.
BID NO.: S16-077A INVITATION FOR BID PAGE 2 TREE TRIMMING AND REMOVAL SERVICES SPECIFIC BID CONDITIONS
7. EVALUATION: : For the purposes of evaluation and contract award, the unit price(s) quoted for each item within the Groups listed on the price bid sheets of this Invitation for Bid will be multiplied by the noted hours anticipated and totaled to establish a total Group cost of the services required under the terms and conditions of this contract. (The following hours also represent the anticipated estimated number of hours for the performance of the services required under the terms and conditions of this contract.)
GROUP I
Item 001 - Regular Hourly Rate + Overtime Hourly Rate will be multiplied by 240 hours.
Item 002 - Regular Hourly Rate + Overtime Hourly Rate will be multiplied by 40 hours.
Item 003 - Regular Hourly Rate + Overtime Hourly Rate will be multiplied by 80 hours.
Item 004 - will be multiplied by 4000 hours.
Item 005 - will be multiplied by 100 hours.
GROUP II
Item 006 - Regular Hourly Rate + Overtime Hourly Rate will be multiplied by 240 hours.
Item 007 - Regular Hourly Rate + Overtime Hourly Rate will be multiplied by 40 hours.
Item 008 - Regular Hourly Rate + Overtime Hourly Rate will be multiplied by 80 hours.
Item 009 - will be multiplied by 1000 hours.
Item 010 - will be multiplied by 80 hours.
GROUP III
Item 011 - Regular Hourly Rate + Overtime Hourly Rate will be multiplied by 240 hours.
Item 012 - Regular Hourly Rate + Overtime Hourly Rate will be multiplied by 40 hours.
Item 013 - Regular Hourly Rate + Overtime Hourly Rate will be multiplied by 80 hours.
Item 014 - Regular Hourly Rate + Overtime Hourly Rate will be multiplied by 2000 hours.
Item 015 - Regular Hourly Rate + Overtime Hourly Rate will be multiplied by 200 hours.
Item 016 - Regular Hourly Rate + Overtime Hourly Rate will be multiplied by 2000 hours.
GROUP IV
Item 017 - Regular Hourly Rate + Overtime Hourly Rate will be multiplied by 240 hours.
Item 018 - Regular Hourly Rate + Overtime Hourly Rate will be multiplied by 40 hours.
BID NO.: S16-077A INVITATION FOR BID PAGE 3 TREE TRIMMING AND REMOVAL SERVICES SPECIFIC BID CONDITIONS
7. EVALUATION: (continued)
GROUP IV (Continued)
Item 019 - Regular Hourly Rate + Overtime Hourly Rate will be multiplied by 80 hours.
Item 020 - Regular Hourly Rate + Overtime Hourly Rate will be multiplied by 2000 hours.
Item 021 - Regular Hourly Rate + Overtime Hourly Rate will be multiplied by 200 hours.
Item 022 - Regular Hourly Rate + Overtime Hourly Rate will be multiplied by 80 hours.
8. PAYMENT TERMS: Payment will be made after satisfactory completion of the work. Submit invoices, along with signed work reports to Prince George's County, Department of Public Works and Transportation, Office of Highway Maintenance, Special Services Division, 8400 D’Arcy Road, Forestville, Maryland 20747.
9. PRE-BID CONFERENCE: A Pre-Bid Conference will be held on September 22, 2016 at 10:00 a.m., at the Office of Central Services, Contract Administration and Procurement Division, 1400 McCormick Drive, Suite 200, Largo Maryland 20774 to discuss objectives and answer questions relating to this formal bid. While attendance at the pre-bid conference is not mandatory, information presented may be very informative; therefore, all potential Bidders are encouraged to attend this conference in order to enhance their understanding of the County's requirements and to be able to better prepare acceptable bid responses.
All Bidders shall bring a copy of the formal bid, as it shall be used as a primary part of the agenda. Questions and inquiries shall be submitted according to the following schedule:
PRE-BID CONFERENCE QUESTIONS DUE
September 22, 2016 at 10:00 a.m. September 26, 2016 at 5:00 p.m.
Questions and inquiries shall be submitted in writing by the close of business not later than 5:00 p.m. and addressed to:
Henry Owosela Prince George's County Government Office of Central Services Contract Administration and Procurement Division 1400 McCormick Drive, Suite 200 Largo, Maryland 20774 E-Mail: [email protected] Phone:(301) 883-6400 Fax: (301) 883-6440
10. NOTICE TO BIDDERS: Each Bidder, before submitting a bid, shall become fully informed as to the extent and character of the work required. No consideration will be granted for any alleged misunderstanding of the material to be furnished or work to be done, it being understood that the submission of a bid is an agreement with all of the items and conditions referred to herein.
BID NO.: S16-077A INVITATION FOR BID PAGE 4 TREE TRIMMING AND REMOVAL SERVICES SPECIFIC BID CONDITIONS
11. INSPECTION AND ACCEPTANCE: The County's inspection and acceptance of contractual compliance will be accomplished by a Technical Representative of the Purchasing Agent (TRPA) and/or the Contract Administration and Procurement Division. The name and telephone number of each TRPA appointed for this contract will be furnished by the Purchasing Agent to the Contractor in writing prior to commencement of the contract period.
12. COUNTY HELD HARMLESS: It is agreed that the Contractor shall be responsible for any loss, personal injury, deaths and/or damages that may have occurred or suffered by any persons solely by reasons of the Contractor's negligence or failure to perform any of the obligations which this contract obligates them to perform and the Contractor hereby agrees to indemnify and hold the County harmless from any loss, cost damages and other expenses suffered or incurred by the County solely by reason of the Contractor's negligence or failure to perform any of the said obligations. The Contractor shall take proper safety and health precautions to protect their work, their employees, the public and the property of others from any damages or injury resulting solely from the performance of their work described herein.
13. TERMINATION FOR DEFAULT: If the Contractor fails to fulfill its obligations under the contract properly and on time or otherwise violates any provision of the contract, the County may terminate the contract by written notice to the Contractor. The written notice shall specify the acts or omissions relied on as cause for termination. All furnished services provided by the Contractor shall, at the County's option, become the County's property. The County shall pay the Contractor fair and equitable compensation for satisfactory performance prior to receipt of notice of termination, less the amount of damages caused by the Contractor's breach. If the damages are more than the compensation payable to the Contractor, the Contractor will remain liable after termination and the County can affirmatively collect damages or deduct from monies due the Contractor on this or other County contracts. Damages may include excess re-procurement costs.
14. ASSIGNMENT: All covenants and agreements herein contained shall extend to and be obligatory on the successor and assigns of the Contractor, but the Contractor shall not assign the contract or any payment to become due thereunder except with the prior consent of the Purchasing Agent. The County may terminate the contract if the assignment is done without the Purchasing Agent's approval.
15. PERSONNEL: The Contractor represents that they have in their employment or shall secure at their own expense, all personnel required to perform the services under this bid. Such personnel shall not be the employees of, nor have any contractual relationship with the County.
16. SUBCONTRACTING: Any person undertaking a part of the work under the terms of the contract, by virtue of any agreement with the Bidder, shall receive approval of the Purchasing Agent prior to any such undertaking. In the event the Bidder desires to subcontract some part of the work specified herein, the Bidder shall furnish with their proposal the names, qualifications, and experience of their proposed Subcontractors. The Subcontractor’s contract portion shall not exceed 49% of the contract. Subcontractors shall conform, in all respects to the provisions specified for the Bidder. The Bidder shall, however, remain fully liable and responsible for the work done by their Subcontractors. The County may terminate the Contract if the subcontracting is done without the Purchasing Agent's prior approval.
17. EVIDENCE OF SUBCONTRACTING: Pursuant to the provisions of Section 10A-111(c) of the County Code, the Contractor is required to submit with their bid/price proposal executed copies of the Subcontractor Project Participation Statement and complete the Subcontractor Participation Schedule. (Attachment 1 and Attachment 1A).
BID NO.: S16-077A INVITATION FOR BID PAGE 5 TREE TRIMMING AND REMOVAL SERVICES SPECIFIC BID CONDITIONS
18. CONTRACT CHANGES IN THE INTEREST OF THE COUNTY: The parties may, from time to time, propose changes in the Scope of Work to be performed by the Contractor. Material Scope of Work changes, report requirement changes and budget revisions that increase or decrease the contract’s total compensation will be mutually agreed upon, in writing, by and between the County through the Office of Central Services, Contract Administration and Procurement Division and the Contractor, before they are considered contract changes.
19. SAFETY MEASURES: Contractor shall take all necessary precautions for the safety of employees on the work and shall erect and properly maintain at all times, as required by job conditions and progress of the work, all necessary safeguards for the protection of the workmen and public.
20. PERFORMANCE: All work performed shall be of high quality in accordance with good practices, procedures and industry standards. The Contractor must conform to all Federal, State and local laws and governmental regulations. The Contractor must conform to the Department of Natural Resources- Forest Service- Roadside Tree Law (5-401) and the current requirements of the Prince’s Georges County Roadside Tree Blanket Permit.
21. INSURANCE:
A. : General Insurance Requirements
(1) The Contractor shall not start work under this contract until the Contractor has obtained at his own expense all of the insurance called for hereunder and such insurance has been approved by the County; nor shall the Contractor allow any Subcontractor to start work on any subcontract until all insurance required of the sub-vendor/Subcontractor has been so obtained and approved by the Contractor. Approval of insurance required of the Contractor and sub-vendor/Subcontractors for Prince George’s County will be granted only after submission to the Procurement Officer of original, signed certificates of insurance or, alternately, at the County’s request, certified copies of the required insurance policies.
(2) The Contractor shall require all sub-vendors/Subcontractors to maintain during the term of this agreement, Commercial General Liability insurance, Business Automobile Liability insurance, and Workers’ Compensation and Employers’ Liability insurance, in the same manner as specified for the Contractor. The Contractor shall furnish sub-vendor/Subcontractors’ certificates of insurance to the County immediately upon request.
(3) All insurance policies required hereunder shall be endorsed to include the following provision: “It is agreed that this policy is not subject to cancellation or non-renewal until thirty ( 30 ) days prior written notice has been given to the, Prince George’s County, Maryland.”
(4) No acceptance and/or approval of any insurance by the County shall be construed as relieving or excusing the Contractor, or its surety if applicable, from any liability or obligation imposed upon either or both of them by the provision of the Contract Documents.
(5) Prince George’s County, Maryland (including its elected and appointed officials, agents, and employees) is to be named as an additional insured under the Commercial General and, if applicable, Umbrella or Excess Liability policy(ies), and the policy(ies) must be endorsed. Coverage afforded under this paragraph shall be primary as respects the County, its elected and appointed officials, agents and employees. The following definition of the term “County” applies to all policies issued under the contract: Prince George’s County, Maryland and any affiliated or subsidiary Board, County, Committee, or Independent Agency (including those newly
BID NO.: S16-077A INVITATION FOR BID PAGE 6 TREE TRIMMING AND REMOVAL SERVICES SPECIFIC BID CONDITIONS
21. INSURANCE: General Insurance Requirements: (Continued)
A. General Insurance Requirements (Continued)
constituted), provided that such affiliated or subsidiary Board, County, Committee, or Independent Agency is either a Body Politic created by Prince George’s County, Maryland or one in which controlling interest is vested in Prince George’s County, Maryland.
(6) The Contractor shall indemnify and hold harmless the County, their agents, officials, and employees, from any liability, damage, expense, cause of action, suit, claim or judgment arising from injury to person including death or personal property or otherwise which arises out of the act, failure to act, or negligence of the Contractor, its agents and employees, in connection with or arising out of the performance of the Contract. The Contractor shall, at its own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising there from or incurred in connection therewith, and if any judgment shall be rendered against the County in any such action, the Contractor shall, at its own expense, satisfy and discharge same. The Contractor expressly understands and agrees that any performance bond or insurance protection required by the Contract or otherwise provided by the Contractor, shall in no way limit the responsibility to indemnify, defend and hold harmless the County as herein provided.
(7) The Contractor shall be responsible for the work performed under the Contract Documents and every part thereof, and for all materials, tools, equipment, appliances, and property of any and all description used in connection with the work. The Contractor assumes all risks for direct and indirect damage or injury to the property or persons used or employed on or in connection with the work contracted for, and of all damage or injury to any person or property wherever located, resulting from any action, omission, commission or operation under the Contract, or in connection in any way whatsoever with the contracted work, until final acceptance of the work by the County.
(8) Insurance coverage required in these specifications shall be in force throughout the Contract Term. Should the Contractor fail to provide acceptable evidence of current insurance within seven days of written notice at any time during the Contract Term, the County shall have the absolute right to terminate the Contract without any further obligation to the Contractor, and the Contractor shall be liable to the County for the entire additional cost of procuring performance and the cost of performing the incomplete portion of the Contract at time of termination.
(9) The Contractor shall assume all on-the-job responsibilities as to the control of persons directly employed by it and of the sub-vendor/Subcontractor and any persons employed by the Subcontractor.
(10) Nothing contained in the specifications shall be construed as creating any contractual relationship between any sub-vendor/Subcontractor and the County. The Contractor shall be as fully responsible to the County for the acts and omissions of the Subcontractors/Vendors and of persons employed by them as it is for acts and omissions of persons directly employed by it.
(11) Precaution shall be exercised by the Contactor at all times for the protection of persons, (including employees) and property. All existing structures, utilities, roads, services, trees and shrubbery shall be protected against damage or interruption of service at all times by the Contractor and its Subcontractors during the term of the Contract, and the Contractor shall be held responsible for any damage to property occurring by reason of its operation on the property.
(12) If the Contractor does not meet the insurance requirements of the specifications, alternate insurance coverage, satisfactory to the Procurement Officer, may be considered. Written requests for
BID NO.: S16-077A INVITATION FOR BID PAGE 7 TREE TRIMMING AND REMOVAL SERVICES SPECIFIC BID CONDITIONS
21. INSURANCE: General Insurance Requirements: (Continued)
A. General Insurance (Continued)
consideration of alternate coverages must be received by the County Procurement Officer at least ten working days prior to the date set for receipt of bids or proposals. If the County denies the request for alternate coverages, the specified coverages will be required to be submitted. If the County permits alternate coverage, an amendment to the Insurance Requirements will be prepared and distributed prior to the time and date set for receipt of bids or proposals.
(13) All required insurance coverages must be acquired from insurers allowed to do business in the State of Maryland and acceptable to the County. The insurers must have a policyholders’ rating of “A- ” or better, and a financial size of “Class VII” or better in the latest edition of Best’s Insurance Reports, unless the County grants specific approval for an exception, in the same manner as described in 3.4.1(13) above.
(14) The County will consider deductible amounts as part of its review of the financial stability of the Contractor. Any deductibles shall be disclosed by the Contractor, and all deductibles will be assumed by the Contractor.
INSURANCE REQUIREMENTS: The Contractor shall provide the County with evidence of its Contractor’s commercial insurance coverage’s for the following exposures:
WORKER’S COMPENSATION: An insurance policy complying with the requirements of the statutes of the jurisdiction(s) in which the work will be performed, and if there is any exposure to the Contractor or any of the Contractor’s personnel due to the U.S. Longshoremen’s and Harbor Workers’ Act, Jones Act, Admiralty Laws or the Federal Employers’ Liability Act, the Contractor will provide coverage for these exposures on an “if any basis." The coverage under such an insurance policy or policies shall have limits not less than:
Worker’s Compensation: Statutory Limit's
Employer’s Liability: Each Accident $500,000 Disease Policy Limits $500,000 Disease - Each Employee $500,000
COMMERCIAL GENERAL LIABILITY INSURANCE (CGL): An insurance policy covering the liability of the Contractor for all work or operations under or in connection with this project; and all obligations assumed by the Contractor under this contract. Products, Completed Operations and Contractual Liability must be included, in addition to coverage for explosion, collapse, and underground hazards, wherever required. The coverage under such an insurance policy or policies shall have limits not less than:
BODILY INJURY AND PROPERTY DAMAGE LIABILITY $1,000,000 / $3,000,000 per occurrence / aggregate PREMISES MEDICAL PAYMENTS $5,000 FIRE LEGAL LIABILITY $1,000,000 PERSONAL INJURY/ADVERTISING $1,000,000 or combined single limit not less than $1,000,000
BID NO.: S16-077A INVITATION FOR BID PAGE 8 TREE TRIMMING AND REMOVAL SERVICES SPECIFIC BID CONDITIONS
21. INSURANCE: General Insurance Requirements: (Continued)
A. General Insurance (Continued)
Prince George's County, Maryland must be included as an additional insured under the general liability insurance coverage with respect to activities related to this contract.
AUTOMOBILE LIABILITY INSURANCE: An insurance policy covering the use of all owned, non- owned, hired, rented or leased vehicles bearing license plates appropriate for the circumstances for which they are being used, as required by the Motor Vehicle Laws of the District of Columbia, Maryland or Virginia, and not covered under the Contractor’s aforementioned Commercial General Liability Insurance. The coverage under such an insurance policy or policies shall have limits not less than:
BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Vehicle Liability) $1,000,000 Combined Single Limit
Prince George's County, Maryland must be included as an additional insured under the automobile liability insurance coverage with respect to activities related to this contract.
Contract employees are not permitted to operate any vehicle owned by Prince George's County Government whether in commission of the contract or outside of same.
B. SPECIAL PROVISIONS FOR INSURANCE:
(1) The Contractor shall forward to the County, Office of Risk Management a certificate(s) of insurance indicating the insurance and any special provisions required under the foregoing provisions. Such certificate(s) shall be in a form satisfactory to the County and shall list the various coverage’s and limits. Insurance companies providing the coverage must be acceptable to the County, rated by A.M. Best and carry at least an "A" Rating VII. In addition to the aforementioned provisions, such insurance policies shall not be changed or canceled and shall be automatically renewed upon expiration and continued in full force and effect until completion and acceptance of all work covered by the contract, unless the County’s Office of Risk Management is given 30 days written notice before any change or cancellation is made effective. If and/or when requested, the Contractor shall directly furnish the Risk Management Office with a certified copy of each insurance policy upon request.
(2) The initial and subsequent certificates of insurance shall include a description of the contract work and the assigned contract number. Prior to beginning any project work, the insurance requirements as outlined by the Risk Management Office must be approved in writing.
(3) All insurance shall be procured from insurance or indemnity companies acceptable to the County and licensed and authorized to conduct business in the District of Columbia, State of Maryland and Commonwealth of Virginia. The County’s approval or failure to disapprove insurance furnished by the Contractor shall not release the Contractor of full responsibility for liability for damage and accidents.
(4) If at any time the above required insurance policies should be canceled, terminated or modified so that the insurance is not in full-force and effect as required herein the County reserves the right to terminate this contract.
(5) The Contractor shall require each Subcontractor, at all tiers, to provide evidence of
BID NO.: S16-077A INVITATION FOR BID PAGE 9 TREE TRIMMING AND REMOVAL SERVICES SPECIFIC BID CONDITIONS
21. INSURANCE: (Continued)
B. SPECIAL PROVISIONS FOR INSURANCE: (Continued) insurance coverage specified herein and such evidence of coverage shall be provided to the County Risk Management Office prior to commencement of work. Such coverage shall remain in full force and effect during the performance of activities under this contract.
(6) In the event the required certificates of insurance as specified herein are not furnished prior to the execution of the contract, the Contractor shall not be permitted to enter upon the property to perform the duties outlined in the contract until all required insurance certificates or evidence of self- insurance has been received.
(7) The Contractor shall, prior to contract execution, and for each extension of the contract, furnish to the Purchasing Agent certificates of insurance as evidence of such insurance coverage stated above. Such insurance certificates shall provide that the Purchasing Agent be notified in writing by the insurer at least 30 days prior to cancellation or material change of any such coverage.
The certificate of insurance should be sent to:
Prince George’s County Maryland Office of Central Services Contract Administration & Procurement Division 1400 McCormick Drive, Suite 200 Largo, Maryland 20774
22. SAFETY MEASURES: Contractor shall take all necessary precautions for the safety of employees on the work and shall erect and properly maintain at all times, as required by job conditions and progress of the work, all necessary safeguards for the protection of the workmen and public.
23. RESPONSIBILITY OF CONTRACTOR: The Contractor, at no expense to the County shall:
A. Obtain all necessary licenses and permits required in full performance of this contract.
B. Provide competent supervision during the term of this contract necessary to perform the work as required.
C. Maintain on site, at all times, while work is being performed, an individual who represents the Contractor and can adequately communicate, both orally and in writing, with the TRPA and other representatives of the Special Services Division.
D. Take precautions, as necessary, to protect persons or property against injury or damage and be responsible for any such damage, or injury, that occurs as a result of their fault or negligence.
E. Perform the work without unnecessarily interfering with other Contractor's work or County activities.
F. Provide all necessary labor, equipment, materials and supervision necessary to perform the work as required by the contract.
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24. REFERENCES: Each Bidder shall supply the names of three professional references with whom they have contracted for similar services. Failure to supply this information on the attached reference form as requested with the bid may result in the rejection of the bid.
25. OSHA REGULATIONS, BLOODBORNE PATHOGENS: The successful Bidder shall, during the course of performance under the proposed contract, comply with Part1910 of Title 29 of the Code of Federal Regulations (OSHA): This regulation deals with occupational exposures to blood borne pathogens and other potentially infectious materials. During the performance of your contractual requirements, the Contractor is expected to be alert to any potentially high risk of exposure opportunities and take all mandated precautionary measures contained in the regulation, including making available to all employees who have occupational exposure, Hepatitis B vaccine and vaccination series and post exposure follow-up following exposure incidents.
26. CONTRACT DISPUTE RESOLUTION: Pursuant to provisions of Sections 10A-104 and 10A-107, of the County Code, the Purchasing Agent shall designate a "Contract Administrator" for all contracts with certain responsibilities incidental to the resolution of contract claims and disputes.
27. PROMPT PAYMENT: Pursuant to provisions of Section 10A-153 of the County Code, the County shall pay interest in the event that payment against "proper" invoices is not made as prescribed in accordance with said section.
28. MINORITY BUSINESS ENTERPRISE CERTIFICATION: For the purpose of this bid solicitation and any subsequent contract award, a vendor will be deemed a certified MBE only upon the prior determination made by the County's Supplier Diversity and Development Division.
29. BIDDER/OFFEROR AFFIDAVIT: Included with the Bidder's Response Copy of this bid is a form entitled Bidder/Offeror Affidavit and Statement of Ownership. This form is to be completed and returned with the bid response. Failure to submit this form may result in the disqualification of your bid.
30. MARYLAND STATE DISCLOSURE: Please be advised that the provisions of Article 33 of the Annotated Code of Maryland, Section 30-1, et seq., requires the filing of certain disclosure statements by persons doing business with the State or with a County, Incorporated Municipality, or other political subdivision of the State. Further information with regard to this disclosure requirement may be obtained from the Office of the Secretary of State, Jeffrey Building, 16 Francis Street, Annapolis, Maryland 21404, telephone number (410) 974-5521.
31. ALLOWANCE OF IN-HOUSE WORK: No section or portion of this contract shall be construed or interpreted to preclude the County from accomplishing any task or undertaking of any operation or project utilizing its own work force.
32. AVAILABILITY OF FUNDS: The County's obligation on this contract beyond the initial fiscal year shall be contingent upon appropriations for the following fiscal year. Prince George's County, Maryland may be accepted in lieu of bond cited above.
33. BID/PROPOSAL ACCEPTANCE: The County reserves the right to accept or reject any and all bids/proposals, in whole or in part, received as a result of this solicitation and to waive minor irregularities. Further, the County reserves the right to make a whole award, partial award, or no award at all.
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34. WELFARE TO WORK INITIATIVE: The Prince George's County Government actively supports provisions of the Welfare Innovation Act of 1996. Vendors responding to this solicitation are encouraged to hire persons enrolled in the "Resource Initiative for Self-Empowerment" Program as part of their proposal. Bidders interested in additional information on the welfare to work effort should contact the Prince George's County Department of Social Services/Family Investment Program at (301) 909-7052 for referrals and to complete a job order form for all available positions.
35. ECONOMIC DEVELOPMENT: Under authority of the County Executive (Executive Order No. 17- 1997), Prince George's County based businesses are encouraged to participate in the County's procurement process. The Prince George's County government is committed to promoting economic development, expanding business opportunities, and providing assistance to businesses interested in locating their principal office or base of operations in Prince George's County. A program for business assistance is available through the Economic Development Corporation. Information on the County's contracting process and opportunities may be obtained through the Office of Central Services, Contract Administration and Procurement Division.
36. MINORITY BUSINESS ENTERPRISE PROVISIONS: If the Contractor is a Certified Minority Business Enterprise and proposes to subcontract 49% or more of the work to non-certified firms, the business enterprise shall not be considered a Minority Business Enterprise (MBE) with respect to this solicitation.
37. MINORITY BUSINESS OPPORTUNITIES PROGAM: Pursuant to the provisions of Section 10A-136 of the County Code, the Purchasing Agent for the County requires that at least thirty percent (30%) of the total dollar value of this contract be awarded directly or indirectly to County-based Minority Business Enterprises or Minority Business Enterprises. Contractors are encouraged to review the statute and incorporate the provisions of Section 10A-136 of the County Code into their proposal, calculations, and pricing.
38. COUNTY- BASED BUSINESS PARTICIPATION: Pursuant to the provisions of Sections 10A-160 of the County Code, the Purchasing Agent shall apply a preference to the bid or proposal submitted by a County-based Contractors or a proposal that includes County-based businesses. Contractors are encouraged to review the statute and incorporate the provisions of Section 10A-160 into their proposal, calculations, and pricing. Pursuant to the provisions of Section 10A-161 of the County Code, County based business participation is required for any procurement that is greater than One Hundred Thousand ($100,000.00) in total value for which a County agency or the County government secures competitive bids proposals, including but not limited to, competitive bids secured pursuant to Section 10A-112 or competitive proposals pursuant to Section 10A-113, the Purchasing Agent requires the following:
(1) At least thirty percent (30%) certified County-based business participation; provided, that the costs of materials, goods, and supplies shall not be counted towards the 30% participation requirement, unless such materials, goods and supplies are purchased from a County based businesses; and a bid or proposal.
(2) Responding to a solicitation shall be deemed nonresponsive and shall be rejected by the Purchasing agent if it fails to meet the thirty percent (30%) minimum certified County-based
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38. COUNTY- BASED BUSINESS PARTICIPATION: (Continued) business participation requirement in paragraph (1) of this section subsection, unless the participation requirement is waived and adjusted pursuant to subsection 10A-160 (b).
If the Purchasing Agent determines that there are insufficient responsible County-based Businesses to completely fulfill the requirement of Paragraph (1) for a particular procurement or if the requirement would result in the loss of federal or state funds or grants, the Purchasing Agent may waive the requirement and adjust the minimum participation percentage, subject to the approval of the County Executive. Failure to apply the applicable provisions of section 10A-160 and this section to procurement award, subject to the waivers and adjustments authorized by this Division, shall render the procurement award and/or contract or agreement void. On a case by case basis, any procurement subject to the requirements of this section, the Purchasing Agent may require more than thirty percent (30%) certified County-based Business Participation if the Purchasing Agent determines that there are a sufficient number of County-based Businesses to justify a higher Certified County-based Business Participation requirement.
39. ENFORCEMENT OF COUNTY-BASED BUSINESS ASSISTANCE: Pursuant to the provisions of Section 10A-164, for the entire duration of the procurement contract or agreement, any Contractor given a County-Based Business preference under Section 10A-160 or subject to the County-based Business Participation Requirements under Section 10A-161 shall maintain no less than the percentage of Certified County-Based Business Participation or Certified County-based Small Business participation stated in the winning bid or proposal. At the discretion of the Purchasing Agent, failure to comply with this Section may subject any Contractor given a business preference under Section 10A-161 to a penalty, to include monetary fines of up to five percent (5%) of the value of the contract for each violation, or a cancellation of the contract or agreement.
(a) Any Contractor given a County-based Business Preference under Section 10A-160 or subject to the County-based Business Participation Requirements under Section 10A-161 shall submit a quarterly report within thirty (30) calendar days after the end of each quarter to the Purchasing Agent, the County Auditor, and a compliance manager designated by the County Council that provides:
(b) The percentage and U.S. dollar value of certified County-based business participation and certified County-based small business participation in the most recent 3 month period, including reporting the percentage and U.S. dollar value of certified County-based business participation and certified County-Based Small Business Participation for the period from the beginning of the calendar year to the reporting date;
(c) The name and principal place of operation of each business receiving payment under the procurement in the most recent 3 month period, including the U.S. dollar value and percentage of the total contract dollars paid in the most recent 3 month period to each business; and
The expected percentage and U.S. dollar value of certified County-based Business Participation and Certified County-Based Small Business Participation in the next 12 month period. At the discretion of the Purchasing Agent or the County Auditor, any vendor given a County-based Business preference under Section 10A-160 or subject to the County-based business participation requirements of Section
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39. ENFORCEMENT OF COUNTY-BASED BUSINESS ASSISTANCE: (Continued)
10A-161 shall be subject to an audit of documents or other information deemed necessary by the Purchasing Agent or the County Auditor to verify compliance with this Section upon thirty (30) calendar days written notice, including, but not limited to, copies of any contracts with Subcontractors or other vendor.
40. WAIVER OF COUNTY-BASED BUSINESS PARTICIPATION: Pursuant to the provisions of Section 10A-164(a)(1) and (e) of the County Code, a vendor may request a waiver of the requirements of County-Based Business Participation. On a case by case basis, such a waiver request may be granted, if “best efforts” by the vendor to comply have been demonstrated as prescribed in Subsection (e).
41. TAX CERTIFICATION AND GOOD STANDING: The successful Bidder must be current and in compliance with applicable tax filings and licensing requirements of the Prince George’s County Government; and, if a corporation conducting business in Prince George’s County or the State of Maryland, must be registered and in “Good Standing” with the Maryland State Department of Assessment and Taxation. The successful Bidder shall truthfully execute the attached Form A, Tax Certification Affidavit and submit this form, together with a copy of its Certificate of Good Standing, as applicable, within seven days of the County’s Notice of Intent to Award.
42. AUDITS AND COMPLIANCE: Pursuant to Section 10A-123 (b) of the County Code, the County shall be entitled to audit the books and records of a Contractor or any Subcontractor under any contract or subcontract entered under this Subtitle. Such books and records shall be maintained by the Contractor for a period of three (3) years from the date of final payment under the prime contract and by the Subcontractor for a period of three (3) years from the date of final payment under the subcontract. (CB-1-1992)
43. TAXPAYER IDENTIFICATION NUMBER AND CERTIFICATION: The successful Bidder shall within seven calendar days of Notice of Intent to Award, submit to the County, a completed Internal Revenue Services “IRS Form SS-4 Request for Taxpayer Identification Number and Certification. Contract award shall not be made without timely submission of the completed IRS Form SS-4. The Form SS-4 and instructions are available to Contractors by accessing the IRS website at www.irs.gov. or calling 1-800-829-4933. See Attachment C.
All payees engaged in trade or business with the County are required to have on file with the County a current and correct Federal Form SS-4. This applies to individuals, sole proprietors, partnerships, corporations, and other legal entities such as nonprofits and governmental units who may otherwise be exempt from filing a tax return. A foreign entity shall obtain and submit the appropriate IRS Form SS-4. To assure accurate maintenance of your firm’s status, the submission of the SS-4 is required for each contract or purchase order executed by and between the County and its Contractors. If the term of the contract exceeds one year, the County may request periodic re- submission of the SS-4. If the Contractor fails to submit the form by the deadline stated in the resubmission request, the County may refuse to pay invoices until the form has been submitted.
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1. DELIVERY AND PERFORMANCE OF SERVICES: The Contractors shall provide all necessary supervision, labor, vehicles, equipment, power and hand tools required for the efficient, effective, and competent elevation trimming, pruning and other maintenance trimming and emergency response removal and trimming service activities within the rights-of-way of County maintained streets and roads and on County owned property.
A. The Contractors shall maintain a local office for administrative matters. In the absence of an office, local telephone communications shall be established during normal business hours. In addition, a 24-hour contact phone number shall be provided.
B. The Contractors shall provide services as requested under this contract for the regular hourly rate during the hours of 7:00 a.m. to 5:00 p.m. daily (exclusive of a lunch period) for eight consecutive hours Monday through Friday. Overtime hourly rate will apply for weekends, holidays and hours outside of the established regular eight working hours per day.
C. The Contractor(s) shall, within ten days of the award of this contract, provide the Special Services Division a written procedure to mobilize a crew(s) into service for standby and emergency response services required due to emergencies, inclement weather, or other conditions requiring services which may arise during "off duty hours." This procedure will include the names and telephone numbers of at least two persons having the authority to provide the services required.
D. The Contractor(s) will only perform the work assigned by the Project Manager or designee. All work under this contract shall be restricted to County right-of-way, County owned or maintained property, or work where the permission of the property owner has been secured by the County in advance of any work being performed.
E. During inclement weather events, the Contractors shall provide the required crew(s) for standby and emergency response operation within one hour of notification by the department. These services consist of the emergency response removal, trimming, and other tree maintenance activities within the rights-of-way of County maintained streets and roads and on County owned property when required during off duty hours of operation.
F. In the event of inclement weather at the start of the normally scheduled workday, the Contractors shall report to the Project Manager or designee. If it is determined that conditions will prevent/cancel further safe normal operations that day, the Contractors may be released or placed on standby for emergency response services at the option of the County. No payment for any release without service on such days shall be warranted.
G. In the event of inclement weather after the crew(s) are dispatched and fully operational, the County reserves the right to suspend normal operations for the remainder of the work day if conditions prevent continued safe normal operations or weather conditions improve so that emergency crew work is no longer required. The crews may be assigned to standby for emergency response at this juncture. Standby time shall start once the crews have completed all field activities and reported to the established location for dispatch under the emergency response services. Payment for such days shall be based on the greater of the actual hours worked plus standby time or two hours at the established service rate.
H. All work performed under this contract is to be of the highest industry and County standards and completed in a timely progression. Any work issued through a work order quotation process shall be completed within 30 days after issuance by the Special Services Division.
BID NO.: S16-077A INVITATION FOR BID PAGE 15 TREE TRIMMING AND REMOVAL SERVICES SPECIFICATIONS
DELIVERY AND PERFORMANCE OF SERVICES: (Continued)
2. SERVICES REQUIRED: The Contractors shall provide competent and efficient services, of the highest quality, consisting of elevation trimming, pruning and maintenance trimming, roadway right-of- way recovery (trees), 24 hour emergency response removal and trimming services, lifting, removing or relocating fallen limbs and branches, and other tree maintenance and removal activities; and disposal of all resulting brush, debris and wood generated while performing the assigned task in accordance with the specifications, terms and conditions set forth in this Invitation to Bid and the accepted, established industry procedures and standards.
A. TYPES OF SERVICES: The types of work to be performed by the awarded Contractor(s) are listed below. The Project Manager or designee shall issue assignments under these categories in the best interest of the County. If the Contractor is not providing documented services to the County under the terms and conditions of this bid and a Contractor fails to make a crew or crews available for any of these services three consecutive times, the County may invoke Item Number 13 in the Specific Bid Conditions and terminate for default.
i. Tree Elevation and Trimming: The established Contractors shall furnish the required sized crews, with supervision, specified vehicles, equipment and tools. Work order issuance for this Group will require work to be provided as needed for subdivision tree elevation trimming and pruning of designated trees, and the removal of the materials generated during such activities. The Project Manager or designee shall provide the Contractor(s) with a specified location and request a quote on the number of hours at the established hourly rate the Contractor(s) shall require to provide the services as specified within this bid document. Once a quote is submitted, no changes shall be made and it becomes a binding part of the contract for which the basis of payment is considered full compensation for the services required within the specified subdivision area for this type of service.
ii. Rights-of-Way Recovery (Trees): The established Contractors shall furnish crews, with supervision, specified vehicles, equipment and tools. Work order issuance for this Group will be required as needed for right-of-way recovery (trees) and cleanup consisting of the elevation trimming and removal of designated trees, limbs, brush, tree debris and other tree and brush maintenance requirements to provide the vegetation removal and the recovery of roadway rights-of-way and shoulders. The Project Manager or designee shall provide the Contractor(s) with a specified segment of roadway and request a quote on the number of hours at the established hourly rate the Contractor(s) shall require to provide the services as specified within this bid document. Once a quote is submitted, no changes shall be made and it becomes a binding part of the contract for which the basis of payment is considered full compensation for the services required under this type of service.
Service Requests and Unscheduled Maintenance: The established Contractor shall furnish crews, with supervision, specified vehicles, equipment and tools. Work order issuance for this Group will be issued on an as needed basis for the tree elevation trimming, pruning and removal of trees and/or other tree maintenance activities within the rights-of-way of designated roadways and on County property as requested or assigned. The Project Manager or designee shall provide the crew(s) with a specified location and service request to be resolved by the crew(s). This type of service shall be provided daily, Monday through Friday, during normal working hours each week. If the Project Manager or designee determines that a crew or crews are required to perform service requests and or unscheduled maintenance, a request by zone to the
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DELIVERY AND PERFORMANCE OF SERVICES: (Continued)
lowest awarded Contractors available for these services shall be made. If the Contractor's crew(s) is not available or the Contractor(s) opts not to provide the crew or crews for this service, the Project Manager or designee shall proceed to the next lowest Bidder. This will continue until the number of crews requested is obtained to provide these services.
iii. Standby and Emergency Response Removal and Trimming Services: When required, due to inclement weather events, the established Contractor(s) shall furnish two-man crews, with supervision, specified vehicles, equipment and tools. Work order issuance for this service under any Group will be required, as needed, for the removal of designated trees, limbs, brush, tree debris and other related tree maintenance service requirements as requested during storm events. At the desired time or within one hour of notification by the Project Manager or designee, the Contractor's crew(s) shall report to the specific location and be ready, able and willing to provide emergency response for the trimming and/or pruning.
Removal and other tree maintenance activities for County-wide emergencies within the rights-of-way of County-maintained roads and County-owned property during normal and off duty hours of operation. A request to the lowest awarded Contractor available for these services shall be made. If the Contractor(s) is/are not capable of providing the crew or crews for these services, the Project Manager or designee shall proceed to the next lowest Bidder. This will continue until the number of crews requested is obtained to provide these services
If additional personnel and equipment are required, each Contractor shall make readily available additional labor and equipment to augment work forces for the work order or requested services for the above types of services when approved by the Project Manager or designee.
3. SPECIFIC PROJECT WORK ORDER PRICE QUOTATIONS: For each Project Work Order solicitation, the Contractor(s) shall conduct an on-site inspection of the subdivision and/or right-of-way location(s) to be trimmed or cleared before submitting a quote for the number of work hours it will take to complete the specific area. If, in the opinion of the Project Manager all quotations are excessive, all quotes will be rejected and new quotes may be requested at that time and date or at a later time and date. Contractor(s) should contact the County representative for additional information on locating the right-of-way and/or subdivision limits if required. An appointment to meet the County representative on location for special instructions may be requested of the Project Manager. All questions as to limits and location should be directed to the Project Manager or representative. The Project Manager may not accept any hourly quote from any Contractor(s) who has not inspected the site and fails to understand the service type and project requirement.
Failure of Contractor(s) to completely familiarize themselves with the site conditions and the amount of work to be accomplished prior to submission of an hourly quote shall in no way relieve the Contractor of the responsibility of performing these services in such a manner as to meet or exceed the intent of these specifications.
4. ORDERING: All work under this contract will be performed as a result of an issuance of a work order. The Contractor shall, throughout the term of the contract, maintain the ability to receive work orders from the Project Manager verbally, by email, fax machine and/or postal mail service.
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DELIVERY AND PERFORMANCE OF SERVICES (Continued)
4. ORDERING: (Continued)
A. General Ordering:
i. Issuance of Work Order: From time to time a Project Manager in the Special Services Division will determine to issue a work order under a contract Line Item Group. A copy of the work order will be provided to all awardees for the line item Group on the work order. Each work order issued will have a Statement of Work and a Work Order Pricing Sheet. ii. Submitting Work Order Quotations (Line Item, Groups 1 and 2): Upon receipt of a work order the Contractor has five business days to submit a quote unless otherwise specified on the work order. The Contractor shall become familiar with the work order requirements and site and environmental conditions of the work order location. Quotes for the work order shall be developed considering the unit pricing under this contract and the estimated number of hours required to successfully complete the work within the performance period, in accordance with the requirements shown in the work order .If the Contractor submits a quote, a Work Order Pricing Sheet shall be completed and that sheet, along with any other submission of documentation required by the work order, shall be placed into an envelope, sealed and clearly marked with the work order quote number, the date and time of the bid opening and deliver to the Project Manager at the address stated on the Work Order Pricing Sheet. The Contractor shall assure that the quote is delivered no later than the date and time stated on the Work Order Pricing Sheet and that a delivery receipt is obtained from the Project Manager.
iii. Work Order Receipt and Evaluation: The Project Manager or designee will open all Work Order Pricing Sheets submitted as quotes at the date and time specified on the work order request for pricing quotation. Contractors submitting quotes may attend this opening to hear the reading of the hours and total prices quoted; however, attendance is not mandatory for award. The Project Manager will evaluate the Work Order Pricing Quotation Sheets to determine the lowest firm fixed price quote received. The Project Manager shall make award to the Contractor with the lowest bid and a signed work order will be issued as a result of the evaluation of the lowest firm fixed priced Contractor. Because of project urgency, the Project Manager may verbally issue a work order to the lowest responsive and responsible established Contractor; however, all verbal awards will be confirmed in writing by the completion of the work order.
iv. Work orders for standby and emergency response services may be issued in accordance with Paragraphs 1 through 3 above or because of the urgency of the services. The Project Manager may issue an emergency work order directly to the Contractor whose rates shown on the on the Price Bid Sheet of the Contract are the lowest for this type of service. All verbal work orders must be confirmed by the issuance of a confirming work order. If the Contractor's crew(s) is not available, the Project Manager or designee shall proceed to the next lowest Bidder. This will continue until the number of crews requested is obtained to provide these services.
Although quotes are developed and evaluated based on the established Contractor’s contract unit pricing and work order estimated hours for completion, award of a work order will be for the total price. The Work Order Total Price is a firm fixed price and cannot be increased. Therefore, the Contractor shall carefully review work order requirements, site
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DELIVERY AND PERFORMANCE OF SERVICES (Continued)
4. ORDERING: (Continued)
A. General Ordering: (Continued)
conditions, reasonably anticipated weather and environmental conditions and provide for these considerations in their price quotes. Once submitted a quote shall become binding, part of the contract and the basis for payment and considered full compensation for services required under the work order.
B. Specific Ordering Procedures:
i. Group I - Tree Elevation and Trimming shall be accomplished at the established price and through the issuance of a work order, the Project Manager or designee shall provide the specified location. Any Contractor who believes that the designated subdivision area is too large and cannot be completed with one crew within the maximum allowable time (30 days), should so advise the County before submitting the work order price quote. As determined, the Project Manager may issue an addendum to the work order and provide a copy to all established Contractors solicited
ii. Group II - Rights-of-Way Recovery (Trees) shall be accomplished at the established price and through the issuance of a work order. The Project Manager or designee shall provide the specified segment of roadway. Any Contractor, who finds that the designated limits of the roadway to be priced and quoted cannot be completed with one crew within the maximum allowable time (30 days), should so advise the County before submitting the work order quote. As determined, the Project Manager may issue an addendum to the work order and provide a copy to all established Contractors solicited.
iii. Groups III and IV - Service requests and unscheduled maintenance shall be issued by a work order to the established lowest priced Contractors with crews available for the period required. The specific locations for services within each zone of services shall be provided daily, Mondays through Fridays during normal working hours each week. The Project Manager or designee shall provide the specified location and a listing of the service requests to be resolved by the crew(s).
iv. Standby and Emergency Response for removal and trimming services may be requested 24 hours a day, seven days a week. The Contractor(s) may be requested to provide the required crew(s) for emergency response service within one hour of notification by the Project Manager or designee. The crew will be assigned to a specific location to remain on standby time until dispatched for emergency response removal or trimming services. This standby time and emergency response service work shall be issued under a work order for the trimming, pruning, removal and other tree maintenance activities Countywide for the emergency response within the rights-of-way of County maintained roads and on County owned property during normal and off duty hours of operation.
C. Excessive Work Order Quotations: If, in the opinion of the Project Manager, all quotations are excessive, all quotes will be rejected and new quotes may be requested at that time or at a later date.
D. Work Order Site Visits: Before submitting a quote on a work order, Contractor(s) are strongly encouraged to visit each work order location. Any question regarding a work order site must be
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DELIVERY AND PERFORMANCE OF SERVICES (Continued)
4. ORDERING: (Continued)
B. Specific Ordering Procedures: (Continued)
received within the time frame stated on the work order and may be answered only in writing as an addendum to the work order issued to all Contractors participating in the competition. If determined necessary by the Project Manager, a formal site visit may be conducted wherein all Contractors participating in the work order competition are taken together to the location. All questions as to limits and location should be directed to the Project Manager or designee and responded to in the form of an addendum to the work order.
Failure of the Contractor(s) to completely familiarize themselves with the site conditions and the amount of work to be accomplished prior to submission of an hourly quote shall in no way relieve the Contractor of the responsibility of performing these services in such a manner as to meet or exceed the intent of these specifications. All work under the contract shall be ordered by the issuance of work orders by the Project Manager. Such orders may be issued throughout the term of the contract including option year extensions. All work orders are subject to the terms and conditions of the contract. In the event of conflict between a work order and the contract, the contract shall control. Any work order issued during the term of the contract with a performance period scheduled beyond the contract’s expiration date shall be completed under the contract’s terms and conditions until completion and acceptance of services under that work order.
5. PROJECT WORK ORDERS: The Contractor(s) shall be assigned to the specific subdivision for tree trimming and/or road segments for right-of-way recovery (trees) based on the derived lowest total price quoted using the hours submitted and multiplying by the established hourly rate. Within five working days of receiving notification and the work order, the Contractor shall start work and provide a schedule with a sequence of all required tasks associated with these services to the Project Manager for review and approval.
6. OTHER TYPE OF WORK ORDERS: The Contractor(s) shall be assigned to the specific type of service based on the lowest price using the established hourly rate for the services. Service requests and unscheduled maintenance shall be assigned to the Contractor with the lowest price established within each zone. After receipt of the assigned work under any type of service requested, the Contractors shall complete all work progressively and in contact with the Project Manager or designee for status during these operations. Service requests shall be called in by the Contractor at each location prior to performance for the purpose of record keeping. A daily summary of hourly accomplishments shall be forwarded to the Division Office for each crew and shall be used to verify services for monthly invoicing.
7. TIME FOR COMPLETION: Since these subdivisions and rights-of-way are respective neighborhoods, the work must be completed in a progressive manner within the 30 day time frame as specified within this document. No partial payment shall be made for any subdivision elevation trimming or right-of- way recovery (trees) project work orders. Failure to perform the service within this time frame may result in the cancellation of the work order with no compensation. Three such cancellations may result in the Contractor’s being declared in default, the Contractor’s contract being canceled and removal of the Contractor’s name from the list of approved Bidders.
8. DAMAGE TO PUBLIC PROPERTY: The Contractor shall be held responsible for any damage done to curbs, gutters, sidewalks, driveway entrances, utilities, roadways, etc. and adjoining properties while providing these types of services. The Project Manager shall hold the Contractor(s) responsible for
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DELIVERY AND PERFORMANCE OF SERVICES (Continued)
8. DAMAGE TO PUBLIC PROPERTY: (Continued)
Noting the condition of the location prior to the start of any work and shall require the Contractor(s) to return any site to the same condition if not better after work is completed. Any sawdust, clippings, leaves, branches, debris, etc., deposited on private property and/or public streets shall be cleaned off by the Contractor(s) and be incidental to the hourly rate quoted. Any damage derived from the Contractors’ operations shall be repaired or replaced at the Contractor’s expense within ten days of their initial notice. The County may withhold any funds due the Contractor(s) by the County if the Contractor(s) does not resolve within the time limit set forth in this paragraph. If the Contractor does not correct the damages, the County may do the work or have it done and deduct the cost from monies due the Contractor and the County may terminate the contract for non-performance.
9. SAFETY MEASURES: Contractor(s) shall take all necessary precautions for the safety of employees and the public on the work location. The Contractor shall erect and properly maintain at all times, all necessary safeguards for the protection of the employees and the public, as required by the job conditions and progress of work. All Contractor employees shall wear safety vests on the job site. Danger signs shall be posted warning against the hazards created by any operation and work in progress. All safety measures shall be incorporated into the price quoted for each type of service and shall be considered incidental.
10. DISPOSAL FEES: All disposal fees are to be incorporated into the hourly rate quoted for each service type. These fees shall be incidental to the services requested under this bid and shall be the responsibility of the Contractor(s). At the direction of the Project Manager, dumping of debris generated during operations may be allowed within the Department of Public Works and Transportation, Office of Highway Maintenance Facilities to minimize travel during Emergency Response Removal and Trimming Service operation.
11. FINAL INSPECTION: When work is completed, the Contractor(s) must notify the Project Manager or designee for final inspection so that approval for payment may be made. The Department of Public Works and Transportation (DPW&T), Office of Highway Maintenance, Special Services Division is located at 8400 D’Arcy Road, Forestville, Maryland 20747. The telephone number is (301) 499-8531.
12. HOURLY RATE: The hourly rate quoted for each item shall be inclusive of all labor, equipment, fuel, materials, fees, incidentals and profit and shall be referenced to as the hourly rate for the service provided under the item number within the awarded Group.
13. GENERAL: All tree operation and maintenance activities shall be under the following:
A. All tree operations shall be in accordance with ANSI Z133.1
B. All removal work accomplished by this contract shall be done in accordance with the Roadside Tree Law and the laws and regulations of the Department of Natural Resources, State of Maryland.
C. No tree shall be removed in such a manner that safety is compromised.
D. Power tools may be utilized in the removal of limbs and branches. When work is being performed from the ground, all safety precautions shall be in place to protect the operators and the general public. No power tools may be used on limbs and branches of less than one inch in diameter from
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DELIVERY AND PERFORMANCE OF SERVICES (Continued)
8. DAMAGE TO PUBLIC PROPERTY: (Continued)
the ground.
E. No work required by this contract shall be attempted within a radius of ten feet from any energized overhead (live) utility line, without the expressed permission and direction of the utility company and the County. The Contractor shall notify and coordinate all necessary arrangements with the appropriate utility company for the work in proximity to the utility line. This service is incidental to the tree service, therefore proper clearance shall be achieved or other arrangements shall be made prior to any operation on trees with utility lines. The Contractor shall do as instructed by the utility or assignee regarding the service operation on any tree near or in contact with the utility line.
F. The use of climbing spurs or spike shoes shall be permitted during removal operations but prohibited for all trimming and pruning operations. G. No tree shall be cut in such a manner that its health or eventual safety is impaired, except in the process of the tree's removal or emergency relief of immediate hazards to persons or property.
14. TRIMMING AND PRUNING: The removal of live, diseased, dying, dead, interfering, objectionable or weak branches and limbs and selective removal to reduce wind resistance within the leaf area for the health, strength, attractiveness and preservation of the natural character of the tree and/or to facilitate lighting luminescence around street light poles.
A. All pruning work shall be accomplished in a safe manner employing accepted industry methods and procedures in accordance with ANSI A300, COMAR 08.07.02 and the Roadside Tree Standards (COMAR 08.07.02.07).
B. Subdivision Trimming and Elevation: Once a subdivision is awarded to the Contractor, the Contractor shall post 48 hour notification for no parking during the trimming and pruning services within the area at the direction of the County. Once services are completed the Contractor must return to the location and remove all postings. All signs used for this posting shall be provided by the County and the posting shall be considered incidental and included within the hourly rate quoted for these services. The County shall provide signs to the awarded Contractor(s) for posting at Department of Public Works and Transportation, Office of Highway Maintenance, Special Services Division Office located at 8400 D’Arcy Road, Suite 101, Forestville, Maryland 20747. No structure or tree shall be damaged or harmed by the method of attachment or fastening the signs during posting.
C. Tree trimming cuts made to a side limb shall be such that remaining limbs possess a basal thickness of at least 1/3 of the diameter of the wound. Cuts shall be considered proper when the remaining limb is sufficiently vigorous to maintain adequate foliage and wood growth capable of healing the cut.
D. All final cuts shall be made at the limb/branch collar so as to favor the earliest possible healing and covering of the wound by natural growth. Excessively deep or flush cuts, which produce large wounds or weaken the tree, shall not be made.
E. Tree limbs and branches removed in trimming shall be controlled in such a manner as to not
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DELIVERY AND PERFORMANCE OF SERVICES (Continued)
13. GENERAL: (Continued)
result in damage to other parts of the tree, other plants, persons or property. Removal of limbs too large to hold securely in one hand during the operation shall be made with the first cut at a safe distance and then in multiple cuts beyond the intended final cut.
F. Final cuts shall be neat and leave a smooth surface with secure bark remaining adjacent thereto.
G. No more than 20% of any tree's canopy shall be removed by trimming or pruning. All trimming shall be proportionate to the tree's height and width of canopy.
H. The Contractor shall, when trimming any tree, properly remove any live branches, which interfere with the tree's structural strength, healthful development, or attractiveness which include the following:
1. Limbs which rub and are abrasive to a more important branch.
2. Limbs of weak structure, which are not important to the framework of the tree.
3. Limbs which, if allowed to grow, would wedge apart the junction of more important branches.
4. Limbs with twigs and foliage obstructing the development of more important branches
5. Limbs forming multiple leaders in a single leader type tree or where encouragement of a limited number of leaders is desirable.
6. Branches near the end of a limb, which will produce more weight or offer more resistance to wind/snow then, the limb is likely to support.
7. Any limbs (suckers) which have grown from and near the base of the tree.
I. The Contractor shall, when trimming and elevating any tree, properly remove: a. All dead and dying branches of 1/2 inch and over in diameter.
b. All broken branches or any loose branches lodged in the tree.
c. All dead and live stubs of previously broken limbs.
d. Any limbs or branches that obstruct the luminescence of the street lighting on the
J. At any time the Contractor observes conditions of disease of which results in the condition of a tree being damaged to such an extent that removal is suggested to ensure the safety of the public right-of-way. The Contractor’s crew(s) shall notify the Special Services Division personnel and advise them of the conditions prior to any work being accomplished.
15. ELEVATING: The removal of lower branches and limbs to provide adequate clearance for pedestrian and vehicular traffic as established by standard or at the direction of Special Services Division
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DELIVERY AND PERFORMANCE OF SERVICES (Continued)
15. ELEVATING: (Continued) Personnel.
A. Elevating shall provide for a minimum 7’ feet minimum clearance over the sidewalk.
B. A 10’ foot minimum clearance at the curb line or edge of pavement.
C. A minimum 14’ feet clearance over the travel lane of any roadway.
D. When tree size and location is appropriate, the desirable clearance over the roadway area shall be 17’ feet. This standard shall be weighed by the personnel trimming when assigned residential (subdivision) pruning and trimming, but will be maintained when assigned right-of- way recovery (trees) on roadways.
E. Trimming for elevation should begin at 6’ to 8’ feet above the ground and, dependent on location, size, species, and shape of the tree, be angled upward or parallel with the ground with particular care to preserve the character of the tree.
16. REMOVAL: The filling and removal of damaged, diseased, dying or dead trees identified by appropriate marking or as directed by the Special Services Division.
A. All tree removal work shall be accomplished in a safe manner employing accepted industry methods and procedures in accordance with ANSI Z133.1.
B. Whenever large tree sections of a tree being removed endanger people or property, such sections shall be secured by ropes and lowered safely in a controlled manner.
C. Under no condition shall it be considered proper to leave any severed or partially cut limb in the upper portion of a tree.
D. Trees removed will be cut as close to the ground as possible, but no more than six inches above grade level.
17. RIGHT-OF-WAY RECOVERY (TREES): The removal of all vegetative and woody growth, brush and trees from the edge of pavement or shoulder along a roadway within the limits of the defined right-of- way or to the appropriate marking as directed by the Special Services Division.
A. All recovery work shall be accomplished in a safe manner employing accepted industry methods and procedures and in accordance with ANSI Z133.1, ANSI A300, COMAR 08.07.02 and the Roadside Tree Standards (COMAR 08.07.02.07).
B. Whenever large tree sections of a tree being removed endanger people or property, such sections shall be secured by ropes and lowered safely in a controlled manner.
C. Under no condition shall any branches, limbs, cuttings or any other item remain in the roadway during operation.
D. Trees removed will be cut as close to the ground as possible, flush cut when possible but no more than two inches above grade level.
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DELIVERY AND PERFORMANCE OF SERVICES (Continued)
18. Right-of-Way recovery Trees: (Continued)
E. All weeds, underbrush, litter, etc. will be removed from the defined areas and transported to an authorized disposal location. No digging of soil or removal of tree will be permitted using heavy equipment. All cuts shall be made flush to the ground.
F. When the tree size and the location is appropriate, the minimum clearance over the roadway area shall be 17 feet. The crews will use this clearance when pruning and trimming in the performance of right-of-way recovery (trees) activities on roadways.
G. All brush shall be chipped, hauled to and dumped at areas approved by the County as an authorized disposal facility for the purpose of the performance of this contract.
H. Unless otherwise directed by the Special Services Division, all wood too large to be chipped shall be removed, loaded, hauled and dumped at locations provided by the Contractor with the cost thereof, incidental to the service provided. All disposal locations must have received the approved or been designated by the County as an authorized disposal facility for the purpose of the performance of this contract. Under no condition shall any accumulation of brush, limbs, logs or other debris be allowed to remain in such a manner as to result in a hazard to motorists or pedestrians for any period of time.
I. Debris in the roadway surface, resulting from work, shall be removed immediately. All materials generated during any operation shall be removed from the location before completion of the services requested or at the end of each workday. No hazardous condition shall remain at any location during an interruption of services. No tree debris and/or chunk wood shall remain at any location for any period during any interruption of service or after services are rendered.
J. The tree lawn and turf area shall be left in a "lawn rake clean" condition upon completion of any work. Sidewalks, curbs, gutters, and pavement areas will be left in a "broom cleaned" condition upon completion of work.
19. LIQUIDATED DAMAGES: When requested, the Contractor shall provide the stipulated fully equipped crew(s). Failure to provide crew(s) for the requested services shall result in a liquidated damages being assessed on the Contractor in accordance with the below listed terms and conditions.
A. On any type of service, liquidated damage shall result at the following:
1. Failure to provide emergency crews within one hour as stated within the bid or the second late response on a request for service work order, $250.00, shall be applied against any pending work order payments.
2. Failure to provide emergency crews when requested for an additional event, when requested the second and/or during a one-year period the third late response under any one work order request or series of work orders request for quotes, $500.00, shall be applied against any pending work order payments.
B. On any quoted work order type of service, liquidated damages shall result at the following levels of service:
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DELIVERY AND PERFORMANCE OF SERVICES (Continued)
19. LIQUIDATED DAMAGES (B): (Continued)
1. When performance of the required services issued through the work order are not completed within the 30 day time period without any authorized extension by the Project Manager, a penalty of 2% of the contracted value for the work order; or $100.00, whichever is greater, per day shall be imposed.
2. When work order service response levels become significantly reduced (75% or lower); on existing assigned work orders during any calendar month, a liquidated damage totaling 5% of the monthly contracted work order value or $250.00, whichever is greater, per day shall be imposed.
C. Provision of each type service shall be evaluated. This evaluation shall be made based on the total hourly requirement for the month and the actual provision of services during the month.
1. Any combination of work order service, failure to report for standby, and/or emergency service response levels below that of 85% shall be considered unacceptable and shall be corrected within 48 hours. This condition takes no exceptions.
2. Any combination of work order service, failure to report for standby, and/or emergency service response levels below 75% or less in three months during a contract year shall be evidence of poor performance and could result in termination.
3. Any combination of work order service, failure to report for standby, and/or emergency service response levels that fall below 50% or less in two months during a contract year shall constitute unresponsiveness and the Contractor shall be considered in default and result in termination.
D. Liquidated damages assessed as defined in Items A and B shall be deducted from monies due the Contractor.
E. The Contractor shall not be assessed liquidated damages on regularly scheduled work days when work is ceased at the discretion of the County after a minimum of two hours (with reference to Page 10, Section 1, F & G, Delivery and Performance of Services). Such days shall be considered as a full crew day (for each crew reporting) for evaluation purposes under the terms and conditions of the liquidated damages assessed assigned in this section.
F. The assessment of liquidated damages does not restrict the right of the County to default the Contractor under any one-work order, series of work orders, or the contract itself. Performance shall be assessed on a work order basis. However, all liquidated damages will be reviewed by the Project Manager and be deducted from any amount due the Contractor by the County under this Contract.
20. PERSONNEL: The Contractor shall provide competently trained and physically Qualified personnel as follows:
A. Field Supervisor - with a minimum of three (3) years of tree trimming, care and removal experience who shall hold, at the time of award and for the duration of this contract, credentials of a Maryland Licensed Tree Expert as issued by the Maryland Department of Natural
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DELIVERY AND PERFORMANCE OF SERVICES (Continued)
20. PERSONNEL: (Continued)
Resources, Public Lands -Forestry Division. A bid submitted without appropriate credentials will be deemed non-responsive.
B. Working Foreman/Climber - with a minimum of two years tree trimming and removal experience, six months of which shall have been as a full time foreman.
C. Laborer - with a minimum of six months experience in the tree maintenance industry. The Contractor shall, within ten days of the contract award, submit to the Special Services Division a roster of names and job classifications of employees working under this contract. The County reserves the right to request worker replacement and the Contractor shall comply in a prompt and expedient manner.
D. The County reserves the right to request worker replacement before or during the contract term and the contractor shall comply in a prompt and expedient manner.
21. KEY PERSONNEL: At time of award, the Contractor shall identify by name, all key personnel under the Contract. No changes shall be made to key personnel without first notifying the Purchasing Agent. Notification shall include the following:
A. A detailed explanation of the circumstances necessitating the proposed substitutions.
B. Complete resumes and licenses for the proposed substitutes.
C. Any County requested or Contractor’s proposed substitutes must have comparable qualifications to those of the persons being replaced. The County will notify the Contractor, after receipt of all required information, of the decision regarding acceptability of substitutions.
22. CREW REQUIREMENTS: The Contractor shall provide adequate personnel to insure the safe operation of services provided under each type of work. The following are the minimum for normal service response.
A. Tree Elevation and Trimming: The crew(s) to perform the elevation trimming within designated subdivisions shall consist of a Field Supervisor and/or one Foreman/Climber and one Laborer. If additional crews are provided for any of these types of services by the Contractor, one Field Supervisor shall be required. The crew(s) hourly rate established for this type of crew shall be considered full compensation once applied to the quoted number of hours submitted for these services within the specified subdivision location.
B. Right-of-Way Recovery (Trees): The crew(s) to perform elevation trimming, pruning and removal of the trees, brush and vegetative under growth within the right-of-way of designated roadways shall consist of a Field Supervisor and/or one Foreman/Climber and three (3) Laborers. If additional crews are provided for any of these types of services by the Contractor, one Field Supervisor shall be required. The crew(s) hourly rate established for this type of crew(s) shall be considered full compensation once applied to the quoted number of hours submitted for these services within the designated limits of the specified roadway location
C. Service Requests and Unscheduled Maintenance: During normal working hours Mondays
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DELIVERY AND PERFORMANCE OF SERVICES (Continued)
22. CREW REQUIREMENTS: (Continued)
through Fridays these crews shall perform elevation trimming, pruning and removal of the tree, brush andunder growth within the right-of-way of designated roadways. The crew shall consist of a Field Supervisor and/or one Foreman/Climber and one Laborer. If an additional crew is provided for any type of these services by the Contractor, one Field Supervisor shall be required and paid at the established rate. Any additional crews requested, (third, fourth, fifth) shall be paid at the established rate for that of a single crew and does not require an additional Field Supervisor. The crew(s) hourly rate established by zone for this type of crew(s) shall be considered full compensation for this type of service.
D. Emergency Response Removal and Trimming Services: During inclement weather events, the Contractor shall make available crew(s) consisting of a Field Supervisor and/or one Foreman/Climber and one Laborer. This crew(s) shall report at the established time or within one hour of notification by the Project Manager or designee for the trimming, pruning, removal and other tree maintenance activities for Countywide emergency response within the right-of- way of County maintained roads and on County owned property. If an additional crew is requested and provided for any type of these services by the Contractor, one Field Supervisor shall be required and paid at the established rate. Any additional crews requested, (third, fourth, fifth) shall be paid at the established rate for that of a single crew and does not require an additional Field Supervisor. The crew(s) hourly rate established for this type of crew(s) shall begin at the reporting time and shall be considered full compensation for the mobilization and reporting for these services.
E. Additional Laborers - In the event that the Contractor finds any situation where an additional Laborer or Laborer(s) are warranted for safety purposes due to the type of operation, location, or other intervening factors and field conditions, the Contractor shall notify the Project Manager or designee of the situations prior to any work. The Project Manager or designee will review the request and a determination on the payment for the additional Laborer(s) shall be made. If approved, the additional Laborer hourly rate established for this type of service shall be considered full compensation for the services of additional Laborer.
23. VEHICLES, EQUIPMENT AND TOOLS: The Contractor shall provide all necessary vehicles, equipment, and tools commonly used in the trimming and care of trees.
A. All vehicles and equipment used in compliance with specifications, terms and conditions of this contract shall be:
1. Subject to inspection and approval prior to the award of the Contract and at any time during the term of the Contract.
2. In good operating conditions and be provided all needed maintenance to sustain this condition for the duration of the Contract.
3. Properly registered and insured in accordance with the Motor Vehicle Laws of Maryland and in compliance with all Federal, State and Local safety regulations.
4. Maintained in a clean and attractive condition at all times while providing services under the Contract.
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DELIVERY AND PERFORMANCE OF SERVICES (Continued)
23. VEHICLES, EQUIPMENT AND TOOLS:
5. All equipment shall be fully fueled and mechanically ready for work when reporting for services.
6. Properly displaying magnetized seals of the County as directed by the Special Services Division.
a. The County will provide one set of two seals for each vehicle required under this Contract at the initiation of the contract term and each, if any, successive annual term thereafter.
b. Seals will be displayed at all times when, and only when, work is being performed under this contract. The County will provide one set of two seals for each vehicle required.
c. The County will provide additional seals, with the cost being deducted from monies due the Contractor on the next monthly payment.
B. The Contractor shall submit a listing of vehicles and equipment, which will be dedicated to the performance of the Contract. This information shall be submitted with the Bidder's response for consideration of any bid.
C. Each crew utilized under the terms and conditions of the Contract shall be provided a vehicle and equipment meeting the following minimum requirements:
1. Field Supervisor shall have a pickup when a Contractor under any requested service or work order provides more than one crew for services.
2. A truck shall be 25,000 gross vehicle weight (GVW) with approximately a 35 to 50 foot length hydraulically operated boom lift or acceptable alternative approved by the Project Manager. All boom lifts shall be fully insulated against electrical ground and equipped with a hydraulically operated pole saw. The Project Manager or his designee shall inspect all boom lift trucks used in performance of the contract for approval. Any boom lift truck older than five years from the date of manufacture must be maintained in good working order and have past maintenance and service records acceptable for review at the time of inspection.
3. Hydraulic dump-type, truck mounted chip box with a ten cubic yard capacity or alternative as approved by Project Manager.
4. Tow behind brush chipper either gasoline or diesel powered capable of reducing four- inch diameter limbs and branches to a uniform chip or alternative as approved by the Project Manager.
5. All warning lights as required by the Motor Vehicle Laws of Maryland; and with appropriate flashing or revolving lights mounted on the cab and the rear of the chip box which provides 570 candle power at 200 watts with an 80 flash per minute cycle strobe.
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DELIVERY AND PERFORMANCE OF SERVICES (Continued)
23. VEHICLES, EQUIPMENT AND TOOLS:
6. Equipped with eight traffic cones meeting the requirements of Section 6, of the Manual on Uniform Traffic Control Devices (MUTCD).
7. Two-way radio and cell phone capable of full communications with the department's existing Nextel Communication System.
D. TOOLS: All tools used in compliance with the specifications, terms and conditions of this contract shall be:
1. Inspected and reviewed by the Special Services Division. Requirements can only be modified by the Special Services Division to meet generally agreed operating needs.
2. Maintained in good condition with all cutting tools, sharp and clean at all times.
3. Properly disinfected immediately after being used in work related to trees with a known infectious disease.
4. Each crew shall have a full complement of the tree trimming tools listed below:
a. Two each: 1/2" x 100' climbing ropes; 12' pole running saws; 18” - 24" hand loppers; pass-by pruning shears; hand saws; wedges; sash cords; 12” -14" bar chainsaws 16" - 20" saw chains; 12" - 14" saw chains; appropriate files for sharpening and maintenance of traffic/warning signs and stands.
b. One each: 12 lb. sledge hammer, 1/2" x 100' handline, single bit axe, scoop shovel, heavy duty street broom, pitchfork, spring type lawn rake, water cooler, spare saw chains for hydraulic pole saw 16-20" bar chainsaw, a fueled safety type gasoline can, combination pole clip with saw (12' handle), spare blade and spare handle for combination pole clip with saw.
c. Each crewmember shall have and wear a non-conductive safety hat, safety goggles and safety vest at all times when providing tree maintenance, trimming and removal services.
d. The Field Supervisor and/or the crew leader/climber shall be equipped with one 30" bar chainsaw, plus one spare 30" chain.
e. Field supervisor to have direct and immediate access to one 48" bar chainsaw, plus one spare 48” saw chain.
f. The Field Supervisor and/or the crew leader/climber shall be equipped with all appropriate climbing saddles, belts, leg spurs and ropes required to climb the tree.
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23. VEHICLES, EQUIPMENT AND TOOLS: (Continued)
The County reserves the right to accept alternatives or disqualify and reject any vehicles, equipment or tools which do not meet specifications or are not operating properly or safely. The Contractor will replace/repair any defects to equipment and/or tools and return them to service immediately or as practically possible with no additional compensation.
24. LOCATIONS: The County will provide the Contractor work orders with the locations identified utilizing the map page/grid system of ADC of Alexandria, Inc.; Street Map of Prince George's County (2005 or latest edition).
A. The Contractor shall provide an up-to-date edition of the street map of Prince George's County for each crew, the field supervisor and the administrative office working under this contract.
B. The two zones for routine service requests and unscheduled maintenance shall consist of the north zone, all areas within the County north of the center of Central Avenue, Maryland State Route 214, and the south zone, all areas south of the center of Central Avenue, Maryland State Route 214.
All other work orders shall be site specific with established limits by bearing, street name and/or address or cross streets. Maps of tree trimming subdivision areas shall be provided for reference but the actual limits shall be recorded on the Project PRICE BID SHEET filled out by the Contractor and submitted to County.
25. MAINTENANCE OF TRAFFIC: The Contractor shall be responsible for and provide for the safe and continuous maintenance of traffic throughout the work site while minimizing hazards and inconvenience to the traveling public.
A. Maintenance of traffic shall be considered incidental to the service provided and shall include all work and devices needed to fulfill, to the satisfaction of the County, the requirements of this contract.
B. Traffic, vehicular and pedestrian, must be maintained at all times throughout the entire work site including access to public, private, and commercial entrances, streets and intersections, and sidewalks unless a temporary closure of the roadway is approved by the Special Services Division.
C. The Contractor shall operate all vehicles and equipment in a manner to minimize the impact on traffic and maintain the maximum number of lanes open at all times. All work will be performed with the flow of traffic except as approved by the Special Services Division.
D. All traffic control devices provided by the Contractor shall meet and be established in accordance with the Manual on Uniform Traffic Control Devices(MUTCD), December 2000 Edition, or the latest edition. Devices include signs, lights, traffic cones, barrels, barricades, flagging and other safety and warning devices.
1. Portable warning signs will be used on all work sites.
2. All signs shall be 48" x 48" and have reflective background, standard color and letter sizes, and shall be used as specified in the MUTCD.
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25. VEHICLES MAINTENANCE OF TRAFFIC: (Continued)
3. Traffic cones, when used for traffic control, shall be 24" - 36" in height with the predominate color being orange in accordance with Section 6c-3 of the MUTCD. No substitutes will be accepted.
E. The Contractor shall use and maintain "Caution - Tree Work Ahead" signs at the initial and terminus points of each work area.
1. All signs shall be mounted on portable devices; easel, tripod, or mounting as approved by the Special Services Division.
2. Signs shall be placed to provide vehicles a safe travel lane within the work area, however, should not block the travel lane.
3. Signs shall be moved as work progresses.
F. The Contractor shall provide one set of two signs and mounting devices for each crew under this contract.
The Contractor, at no cost to the County shall furnish all additional or subsequent signs and/or portable-mounting devices required to fulfill the Specific Specifications of the contract.
G. In the event that services require maintenance of traffic beyond the ability of the Contractor's crew on site such as and including partial lane closures with flagging operations, the Contractor shall notify the Project Manager or designee to determine if additional Laborers personnel are required. Any additional and appropriate traffic control devices or equipment required shall be provided by the Contractor at no additional costs to the contract.
26. METHOD OF PAYMENT: Payment for services rendered shall be on a monthly basis and is contingent on the inspection and approval of the Special Services Division.
A. Payment for all services without a project work order or price quotation will be made on a "productive time" basis utilizing the crew’s quoted price per hour for the services requested. Hourly productive time is based on the services provided by a fully operational truck and chipper with tools and staffed crew. The Contractors shall provide the specific services as requested at the service type hourly rate during the hours of 7:00 a.m. to 5:00 p.m. (exclusive of a lunch period) daily for eight consecutive hours Monday through Friday.
B. The Project Manager will make payment of specific projects through the work order or price quotation process after satisfactory completion and acceptance of services at the specific project location. The hourly rate times the number of hours submitted and approved through the price quotation process for the specific project and issued as a work order shall be considered full compensation for the service under the terms and conditions of the bid. Any additional crew services over or beyond the hours submitted within the project work order price quotation as accepted, approved, and issued by the Project Manager shall be considered incidental and not warrant any additional compensation.
C. In the event of any non-productive occurrence, all time shall cease until productivity is restored. Equipment maintenance, repairs, fueling, etc., is considered non-productive.
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26. METHOD OF PAYMENT: (Continued)
D. Productive and non-productive time will be recorded in not less than one-half hour increments.
E. Payment for overtime will be based on the crew’s quoted price per hour at the overtime rate for the service required. The payment of these items shall apply only to hours worked in excess of eight productive hours during the hours of 7:00a.m. to 5:00p.m. (exclusive of a lunch period) Monday through Friday, or any productive hours worked on Saturday, Sunday, County holidays and hours outside of the established regular working hours.
F. All overtime work must be authorized by the Special Services Division prior to any work being accomplished. Hourly rates will apply for weekends, holidays and hours outside of the established regular eight working hours per day.
G. Overtime payments shall be made in whole and half-hour increments for the productive crew hours for the service requested.
H. Payment for standby time shall be based on one-half of the crew’s quoted price per hour at the emergency response hourly or overtime rates for the periods required. The payment shall be at ½ the normal hourly rate and shall apply only to the crew hours assigned and authorized as standby time for any hours during the period from 7:00 a.m. to 5:00 p.m., Monday through Friday. The payment at ½ the overtime rate shall apply only to the crew hours assigned and authorized as standby time for any hours outside the period from 7:00 a.m. to 5:00 p.m., Monday through Friday or in excess of eight hours of normal standby time at ½ the normal hour rate, or any standby hours assigned and authorized on Saturday, Sunday, County holidays and hours outside of the established regular working hours.
I. The Special Services Division prior to the crew reporting must authorize all standby time. Once a crew reports to the designated location the hours at ½ the hourly rate for these crews shall continue until relieved from duty or crews are activated and the established emergency response rates in both normal and overtime categories are applicable for services as mentioned above and as appropriate.
J. Standby time payments shall be made in whole and half-hour increments for the crew hours assigned to this activity as requested.
K. The Contractor shall provide separate invoices for each crew listing the following information:
1. Date of Invoice
2. Purchase Order Number
3. Period covered or subdivision or right-of-way location
4. Type of service and crew designation
5. Total hours by days worked, or subdivision or right-of-way location, the rate and extension
6. *Overtime Hours: Including date, number hours worked, rate and extension
BID NO.: S16-077A INVITATION FOR BID PAGE 33 TREE TRIMMING AND REMOVAL SERVICES SPECIFICATIONS
26. METHOD OF PAYMENT: (Continued)
7. *Standby Hours: Including date, period during which standby time was assigned, number of hours, ½ the rate assigned (price) and extension
8. *Additional Laborer’s hours, including date(s) worked, rate and extension
9. *Additional equipment, including date(s), appropriate rate and extension
10. Total of Invoice:
* Items 6, 7, 8 and 9 shall only be used when approved by the Project Manager and the appropriate rate for the service type.
BID NO.: S16-077A INVITATION FOR BID PAGE 34 TREE TRIMMING AND REMOVAL SERVICES PRICE BID SHEET
I/We propose to furnish all personnel and equipment in accordance with the specifications, terms and conditions as specified in the "Invitation for Bid" for Tree Trimming and Removal Services:
GROUP I Tree Elevation and Trimming within Subdivision
______Check here for no bid for Group I
ITEM NO. DESCRIPTION REGULAR HOURS OVERTIME HOURS (Requires Approval) 001. Emergency Response Crew with A) $______/crew hr. B) $______/crew hr. Aerial lift truck chipper (two-man crew)
002. Field Supervisor with pick-up A) $______/crew hr. B) $______/crew hr. for additional Emergency Response Crew (Requires Approval)
003. Additional Laborer for A) $______/laborer hr. B) $______/laborer hr. Emergency Response Crews (Requires Approval)
Number of crews to be offered for emergency response service is: ______crews
004. Trimming Crew with A) $______/crew hr. N/A aerial lift truck, chipper (two-man crew)
005. Additional Laborer for A) $______/laborer hr. N/A Tree Trimming Crew (Requires Approval)
Number of crews to be offered for tree elevation and trimming within subdivision is: ______crews
COMPANY NAME (typed):
AUTHORIZED SIGNATURE:______
BID NO.: S16-077A INVITATION FOR BID PAGE 35 TREE TRIMMING AND REMOVAL SERVICES PRICE BID SHEET
GROUP II Rights-of-Way Recovery (Trees)
______Check here for no bid for Group II
ITEM NO. DESCRIPTION REGULAR HOURS OVERTIME HOURS
006. Emergency Response Crew with A) $______/crew hr. B) $______/crew hr. aerial lift truck chipper (Requires Approval) (two-man crew)
007. Field Supervisor with pick-up A) $______/crew hr. B) $______/crew hr. for additional Emergency Response Crew (Requires Approval)
008. Additional Laborer for A) $______/laborer hr. B) $______/laborer hr. Emergency Response Crews (Requires Approval)
Number of crews to be offered for emergency response service is: ______crews
009. Tree crew with A) $______/crew hr. N/A aerial lift truck, chipper (four-man crew)
010. Additional Laborer for A) $______/laborer hr. N/A right–of–way recovery (trees) crew (Requires Approval)
Number of crews to be offered for this service is: ______crews
COMPANY NAME (typed):
AUTHORIZED SIGNATURE:______
BID NO.: S16-077A INVITATION FOR BID PAGE 36 TREE TRIMMING AND REMOVAL SERVICES PRICE BID SHEET
GROUP III Service Request and Unscheduled Maintenance
______Check here for no bid for Group III
ITEM NO. DESCRIPTION REGULAR HOURS OVERTIME HOURS
011. Emergency Response Crew with A) $______/crew hr. B) $______/crew hr. aerial lift truck chipper (Requires Approval) (two-man crew)
012. Field Supervisor with pick-up A) $______/crew hr. B) $______/crew hr. for Additional Emergency Response Crew (Requires Approval)
013. Additional Laborer for A) $______/laborer hr. B) $______/laborer hr. Emergency Response Crews (Requires Approval)
Number of crews to be offered Countywide for emergency response service: ______crews
014. Services Request Crew with A) $______/crew hr. B) $______/crew hr. aerial lift truck, chipper (Requires Approval) (two-man crew) North Zone
Number of crews to be offered for this service in the north zone is: ______crews
015. Additional Services Request A) $______/crew hr. B) $______/crew hr. Crew with aerial lift truck, chipper, (Requires Approval) and Field Supervisor with pick-up (two-man crew) North Zone
016. Additional Laborer for A) $______/laborer hr. B) $______/laborer hr. Service Request Crews (Requires Approval)
COMPANY NAME (typed):
AUTHORIZED SIGNATURE:______
BID NO.: S16-077A INVITATION FOR BID PAGE 37 TREE TRIMMING AND REMOVAL SERVICES PRICE BID SHEET
GROUP IV Service Request and Unscheduled Maintenance
______Check here for no bid for Group IV
ITEM NO. DESCRIPTION REGULAR HOURS OVERTIME HOURS
017. Emergency Response Crew with A) $______/crew hr. B) $______/crew hr. aerial lift truck chipper (Requires Approval) (two-man crew)
018. Field Supervisor with pick-up A) $______/crew hr. B) $______/crew hr. for additional Emergency Response Crew (Requires Approval)
019. Additional Laborer for A) $______/laborer hr. B) $______/laborer hr. Emergency Response Crews (Requires Approval)
Number of crews to be offered Countywide for emergency response service: ______crews
020. Services Request Crew with A) $______/crew hr. B) $______/crew hr. aerial lift truck, chipper (Requires Approval) (two-man crew) South Zone
Number of crews to be offered for this service in the south zone is: ______crews
021. Additional Services Request A) $______/crew hr. B) $______/crew hr. Crew with aerial lift truck, chipper (Requires Approval) and Field Supervisor with pick-up (two-man crew) South Zone
022. Additional Laborer for A) $______/laborer hr. B) $______/laborer hr. Service Request Crews (Requires Approval)
RATES FOR ADDITIONAL EQUIPMENT
ITEM NO. DESCRIPTION RENTAL RATES SCHEDULE
023. Trailer Mounted Brush Chipper A) $______/day B) $______/week C) $______/month
COMPANY NAME(typed):
AUTHORIZED SIGNATURE:______
BID NO.: S16-077A INVITATION FOR BID PAGE 38 TREE TRIMMING AND REMOVAL SERVICES EQUIPMENT LIST
DESCRIPTION
QTY. MAKE & MODEL SERIAL NUMBER OWN LEASE SUBCONTRACT
MARYLAND LICENSES FOR TREE TRIMMING AND REMOVAL SERVICES
Maryland Licensed Tree Expert:
License No.: Date:
Other Licenses:
BID NO.: S16-077A INVITATION FOR BID PAGE 39 TREE TRIMMING AND REMOVAL SERVICES
MASTERCARD
MASTERCARD CREDIT CARD ACCEPTANCE: The Prince George's County Government is engaged in a MasterCard purchasing card program and may use, at its option, the MasterCard in addition to purchase orders for purchases made under any contract resulting from this solicitation. Please list all major credit cards accepted by your company:
Please indicate below your interest in participating in the Welfare to Work Initiative:
Will Seek Participation Not Interested
All products provided or systems developed under this contract shall be Date Data compliant as required herein.
Company Name:
Authorized Signature: Date:
Contact Person: Telephone No.:
BID NO.: S16-077A INVITATION FOR BID PAGE 40 TREE TRIMMING AND REMOVAL SERVICES
REFERENCES
Each Bidder shall supply the names of three references with whom they have contracted for similar services. Failure to supply this information as requested may result in the rejection of the bid.
1. Agency Name:
Address:
Contact Person: Telephone No.:
Annual Dollar Value of Contract:
Term of Contract: From: To:
Brief Description of Work:
2. Agency Name:
Address:
Contact Person: Telephone No.:
Annual Dollar Value of Contract:
Term of Contract: From: To:
Brief Description of Work:
3. Agency Name:
Address:
Contact Person: Telephone No.:
Annual Dollar Value of Contract:
Term of Contract: From: To:
Brief Description of Work:
I certify that the above information is true and correct.
Signature: Title:
Date:
BID NO.: S16-077A INVITATION FOR BID PAGE 41 TREE TRIMMING AND REMOVAL SERVICES APPENDIX A
FORM A BID/PROPOSAL AFFIDAVIT
CERTIFICATION OF CORPORATION REGISTRATION AND TAX PAYMENT
Part I: I HEREBY AFFIRM THAT:
1. The business named below is a (Maryland ___) (foreign ____) corporation registered in accordance with the Corporations and Associations Article, Annotated Code of Maryland, and that it is in good standing and has filed all its annual reports, together with filing fees, with the Maryland State Department of Assessments and Taxation, and that the name and addresses of its resident agent filed with the State Department of Assessments and Taxation is:
Name:
Address:
[If not applicable, so state]
2. Except as validly contested, the business has paid, or has arranged for payment of, all taxes due to the State of Maryland and has filed all required returns and reports with the Comptroller of the Treasury, the State Department of Assessments and Taxation, and the Employment Security Administration, as applicable, and will have paid all withholding taxes due to the State of Maryland prior to final settlement.
Part II: I FURTHER CERTIFY THAT:
1. I have complied with the applicable tax filing and licensing requirements of Prince George’s County, Maryland.
2. The filing information is true and correct concerning tax compliance for the past years. Personal Property Current Not Current
Prince George’s County reserves the right to verify the above information with the appropriate Government Authorities.
I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF.
Date:______By:______(Authorized Representative and Affiant)
______(Printed or Typed Name)
Form: Certification -Tax 12//03
BID NO.: S16-077A INVITATION FOR BID PAGE 42 TREE TRIMMING AND REMOVAL SERVICES
APPENDIX B WAGE REQUIREMENTS FOR SERVICE CONTRACTS Notice to Bidders
This solicitation is subject to the County's Wage Requirements law for service contracts. Information pertaining to the Wage Requirements law is attached. The "Wage Requirements Certification" and, if applicable, the "501 (c) (3) Nonprofit Organization's Employee's Wage and Health Insurance Form" that are included with this solicitation shall be completed and submitted with your bid or Proposal response.
Failure to complete and submit with you Bid or Proposal the required certification and pricing material on the form(s) included as Appendix E-1 and E-2 as applicable will render your Bid or Proposal unacceptable under County law and the Bid or Proposal will be rejected for non-responsiveness.
BID NO.: S16-077A INVITATION FOR BID PAGE 43 TREE TRIMMING AND REMOVAL SERVICES
WAGE REQUIREMENTS FOR COUNTY SERVICE CONTRACTS (Addendum to the General Terms and Conditions)
1. This contract is subject to the wage requirements of Subtitle 10A, Section 10A-144 of Prince George's County Code. A County contract for the procurement of services shall require the Contractor and any of its Subcontractors to comply with the wage requirements of this section, subject to exceptions from coverage for particular Contractors in accordance with Section 10A-144 (b) and for particular employees in accordance with Section 10A-144 (f).
2. If any federal, state or County law or federal or state contract or grant requires payment of higher wage or precludes compliance with Section 10A-144, that law shall prevail.
3. Non-profit organizations that are exempt from wage requirements under Section 10A-144 must specify the wage the organization intends to pay to those employees who will perform direct, measurable work under the contract and any health insurance the organization intends to provide to those employees.
4. A Contractor shall not split or subdivide a contract, pay an employee through a third party or treat an employee as a Subcontractor or independent Contractor, to avoid the imposition of any requirements in Section 10A-144.
5. Each Contractor and Subcontractor covered under Section 10A-144 shall: certify that it is aware of and will comply with the applicable wage requirements; keep and submit any verifiable records necessary to show compliance; and conspicuously post notices informing employees of the wage requirements, and send a copy of each such notice to the County Purchasing Agent.
6. An employer shall comply with Section 10A-144 during the initial term of the contract and all subsequent renewal periods and shall pay an increase adjustment in this wage rate, if any, automatically effective July 1 of each year. The County's Wage Determination Board will adjust the wage rate by the annual average increase in the Consumer Price Index for all urban consumers for the Washington-Baltimore Metropolitan area, or successor index, for the previous calendar year and shall calculate the adjustment to the nearest multiple of five cents.
7. An employer shall not discharge or otherwise retaliate against an employee for asserting any right or filing a complaint of a violation, under Section 10A-144. Any retaliation is subject to all sanctions that apply for non- compliance under Section 10A-144.
8. The County may assess to the Contractor liquidated damages for any noncompliance with Section 10A-144 wage requirements at the rate of one percent per day of the total contract amount, or for a requirements contract, the estimated annual contract rate value, for each day of the violation. This liquidated damages amount includes the amount of any unpaid wages with interest. In event of breach of contract under this paragraph, the Contractor shall pay to the County liquidated damages noted above, in addition to any other remedies available to the County. The Contractor and County acknowledge that damages that would result to the County as a result of a breach under this paragraph are difficult to ascertain, and that liquidated damages provided for this paragraph are fair and reasonable in estimating the damage to the County resulting from a breach of this paragraph by the Contractor. In addition, the Contractor is jointly and severally liable for any noncompliance by a Subcontractor. Furthermore, the Contractor agrees that an aggrieved employee, as a third-party beneficiary, may by civil action enforce the payment of wages due under Section 10A-144 wage requirements and recover from the Contractor any unpaid wages with interest, a reasonable attorney's fee, and damages for any retaliation for asserting any right or claim under Section 10A-144 wage requirement.
9. The Purchasing Agent may conduct random audits to assure compliance with Section 10A-144. The Purchasing Agent may conduct an on-site inspection(s) for the purpose of determining compliance.
10. If the Contractor fails, upon request by the Purchasing Agent, to submit documentation demonstrating compliance with Section 10A-144 to the satisfaction of the Purchasing Agent, the Contractor is in breach of this contract. In the event of a breach of contract under this paragraph, the Contractor shall pay to the County liquidated damages noted in Paragraph 8 (above), in addition to any other remedies to the County. Contractor and County acknowledge that damages that would result to the County as a result of breach under this paragraph are difficult to ascertain, and that the liquidated damages provided for this paragraph are fair and reasonable in estimating the damage to the County resulting from a breach of this paragraph by the Contractor.
BID NO.: S16-077A INVITATION FOR BID PAGE 44 TREE TRIMMING AND REMOVAL SERVICES APPENDIX B-1
Wage Requirements Certification for Service Contracts Prince George’s County Code, Section 10A-144
Company Name: Address: City: State: Telephone No.: Fax: E-Mail:
Wage Rate Effective July 1, 2016 through June 30, 2017 $14.00 Per Hour
SHALL CHECK ALL APPROPRIATE BOXES BELOW that apply in the event you, as an “Offeror”, are awarded the contract and become “Contractor”.
1. Wage Requirements Compliance
This Contractor as a “covered employer” will comply with the requirements under Section 10A-144, Wage Requirements for County Service Contracts. Contractor will pay all employees not exempt under the wage requirements, and who perform direct measurable work for the County, at least the wage requirements effective at the time the work is performed. The price(s) submitted under this solicitation include(s) sufficient funds to meet the wage requirements.
2. Exemption Status (if applicable)
This Contractor is exempt from Section 10A-144, Wage Requirements for County Service Contracts because it is:
A Contractor who employs fewer than ten employees when the Contractor submits a bid or proposal and will continue to be exempt as long as the Contractor does not employ ten or more employees at any time the contract is in effect. Section 10A-144 (b) (1).
A Contractor who, at the time a contract is signed: has received less than $50,000 from the County in the most recent 12-month period; and will be entitled to receive less than $ 50,000 from the County in the next 12-month period. Section 10A-144 (b) (2) (A) and (B).
A public entity. Section 10A-144(b) (3).
A nonprofit organization that has qualified for an exemption from federal income taxes under Section 501(c) (3) of the Internal Revenue Code. Section 10A-144 (b) (4). (Shall complete Item 3 below).
An employer to the extent that the employer is expressly precluded from complying with Section 10A-144 by the terms of any federal or state law, contract, or grant. Section 10A-144 (b) (7). (Shall specify the law or furnish a copy of the contract or grant)
A Contractor who has entered into a *participation agreement under Section 10A-141 of the County Code, Section 10A-144 (b) (8).
BID NO.: S16-077A INVITATION FOR BID PAGE 45 TREE TRIMMING AND REMOVAL SERVICES APPENDIX B-1 (Continued)
Wage Requirements Certification for Service Contracts Prince George’s County Code, Section 10A-144
3. Nonprofit Wage and Health Information (Shall complete and submit wage and health insurance form)
This Contractor is a nonprofit organization that is exempt from coverage under Section 10A-144 (b) (4). Accordingly, the Contractor has completed the 501 (c) (3) Nonprofit Organization’s Employee’s Wage and Health Insurance Form, which is attached. See Section 10A-144 (c) (2).
4. Nonprofit's Comparison Price(s)
This Contractor is a nonprofit organization that is opting to pay its covered employees the hourly rate specified in the wage requirements. Accordingly, Contractor is duplicating the form on which it states its cost proposal or format that is contained in the RFP, and is submitting on this duplicate form its cost(s) to the County had it not opted to pay its employees the hourly rate specified in the wage requirements. For proposal evaluation purposes, this cost(s) will be compared to the cost(s) of another nonprofit organization(s) that is paying its employees an amount consistent with its exemption from paying the hourly rate under the wage requirements. This revised information on the duplicate cost proposal or cost format form shall be clearly marked as the organizations “comparison cost”. In order to compare your cost(s), the revised information on the duplicate cost proposal or cost format form: shall be submitted with your proposal, shall show how the difference between your cost and your nonprofit organization comparison cost(s) was calculated, and will not be accepted after the proposal closing date. See Section 10A-144 (c) (2).
5. Wage Requirements Reduction
This Contractor is a “covered employer” and it desires to reduce its hourly rate paid under the wage requirements by an amount equal to or less than, the per employee hourly cost of the employer’s share of the health insurance premium. Contractor certifies that the per employee hourly cost of the employer’s share of the premium for that insurance is: $______. See Section 10A-114 (d) (1) and (2).
Wage Requirements Certification for Service Contracts Prince George’s County Code, Section 10A-144
CONTRACTOR CERTIFICATION Contractor Signature: Contractor submits this certification form in accordance with Section 10A-144 of the Prince George’s County Code. Contractor certifies that it, and any and all of its Subcontractors that perform services under the resultant contract with the County, shall adhere to all requirements of Section 10A-144.
Signature: Authorized Corporate, Partner, or Proprietor Date
Typed Name of Signatory Title of Authorized Signatory
Name of person designated by your firm to monitor your company’s compliance with the County’s Wage Requirements:
Name: Title:
Phone:
BID NO.: S16-077A INVITATION FOR BID PAGE 46 TREE TRIMMING AND REMOVAL SERVICES APPENDIX B-2
501 (c) (3) Nonprofit Organization’s Employee’s Wage and Health Insurance Form Prince George’s County Code, Section 10A-144
Company Name:
Address:
City State: Zip Code:
Telephone No.: Fax No.: E-Mail:
Please provide below the employee labor category of all employee(s) that will perform direct measurable work under the contract, the hourly wage the organization pays for that employee labor category and any health insurance the organization intends to provide for that employee labor category.
*IF NO HEALTH INSURANCE PLAN IS PROVIDED PLEASE STATE "NONE". Name of Health Insurance Provider(s) and Plan Name* Employee Labor Category Wage Per Hour (e.g., ABC Insurer, Inc., HMO Medical and Dental)
BID NO.: S16-077A INVITATION FOR BID PAGE 47 TREE TRIMMING AND REMOVAL SERVICES ATTACHMENT A
Subcontractor Project Participation Statement
SUBMIT ONE FORM FOR EACH SUBCONTRACTOR
Provided that ______is awarded the Prince George’s County, Maryland contract in Prime Contractor Name
conjunction with Solicitation No. ______, the Prime Contractor and______, intend Subcontractor Name to enter into a contract by which Subcontractor shall: (describe work and staffing of project)
______
______
______
______,
□ No - Bond(s) are not required of Subcontractor
□ Yes - The following amount and type of bond(s) that will be required of Subcontractor at time of award:
______Prime Contractor Signature Subcontractor Signature
By: ______By: ______Name, Title Name, Title
______Date Date
USE ATTACHMENT A CONTINUATION PAGE AS NEEDED
TOTAL SUBCONTRACTOR PARTICIPATION: ______%
$______(Subcontracting shall not exceed 49% of total contract)
BID NO.: S16-077A INVITATION FOR BID PAGE 48 TREE TRIMMING AND REMOVAL SERVICES ATTACHMENT A-1
Subcontractor Participation Schedule (for submission with proposal)
* * * * EFFECTIVE OCTOBER 22, 2007 * * * * *
This document must be included with the bid or price proposal. If the Bidder or Offeror fails to submit this form with the bid or offer as required, the Administrator of the Contract Administration and Procurement Division shall deem the bid non-responsive or shall determine that the offer is not reasonably susceptible of being selected for award.
Prime Contractor (Firm Name, Address, Project Description Phone)
Solicitation Number Total Contract Amount $ List Information For Each Subcontractor On This Project Firm Name
Work To Be Performed
Dollar Amount or Percentage of Total Contract
Firm Name
Work To Be Performed
Dollar Amount or Percentage of Total Contract
Firm Name
Work To Be Performed
Dollar Amount or Percentage of Total Contract
Document Prepared By: (please print or type) Name: ______Title: ______
BID NO.: S16-077A INVITATION FOR BID PAGE 49 TREE TRIMMING AND REMOVAL SERVICES ATTACHMENT A-1
Subcontractor Participation Schedule (continued)
List Information For Each Subcontractor On This Project Firm Name
Work To Be Performed
Dollar Amount or Percentage of Total Contract Firm Name
Work To Be Performed Dollar Amount or Percentage of Total Contract Firm Name
Work To Be Performed Dollar Amount or Percentage of Total Contract Firm Name
Work To Be Performed Dollar Amount or Percentage of Total Contract Firm Name
Work To Be Performed Dollar Amount or Percentage of Total Contract Firm Name
Work To Be Performed Dollar Amount or Percentage of Total Contract Firm Name
Work To Be Performed
Dollar Amount or Percentage of Total Contract
BID NO.: S16-077A INVITATION FOR BID PAGE 50 TREE TRIMMING AND REMOVAL SERVICES ATTACHMENT B
NOTICE TO BIDDERS/OFFERORS:
This solicitation is subject to Section 10A-169 of the County Code (attached), which requires the Purchasing Agent to include as a condition of any contract or agreement for procurements funded by a County agency or the County government, at the time of initial contract execution, effective as of January 1, 2014, at the time of any exercise of contract renewal, option, or extension (including automatic renewal or extension), a requirement that the business enter into a First Source and Local Hiring Agreement with the County. Failure to complete and submit an executed copy of the First Source Local Hiring Agreement with your bid or proposal (as applicable) will render your bid or proposal nonresponsive and will be rejected.
The requirements of Sections 10A-168 and Subsections (a) through (d) of 10A-169 of the County Code, shall not apply to procurement contracts in the construction industry, as defined by Sector 23 of the current edition of the North American Industry Classification System (“NAICS”), for procurements funded by a County agency or the County government if the procurement contract or agreement is governed by a project labor agreement. .
Competitive bids or proposals responding to a solicitation by a County agency or the County government may be deemed nonresponsive and rejected by the Purchasing Agent if the bid or proposal fails to demonstrate adequate capacity to meet the annual County resident hiring goals as enumerated in 10A-169 of the County Code in the judgment of the Purchasing Agent.
Sec. 10A-169. First Source and Local Hiring Agreements required; local hiring requirement.
(a) The Purchasing Agent shall include for every government-assisted project, including as a condition of any contracts or agreements for procurements funded by a County agency or the County government, at the time of initial contract execution or, effective as of January 1, 2014, at the time of any exercise of contract renewal, option, or extension (including automatic renewal or extension), a requirement that the business enter into a First Source and Local Hiring Agreement with the County which states that: (1) The first source for finding employees to fill all jobs created by the government-assisted project shall be the First Source Registry; (2) The first source for finding employees to fill any vacancy occurring in all jobs covered by a First Source and Local Hiring Agreement will be the First Source Registry; and (3) Compliance with this Section is a condition of the First Source and Local Hiring Agreement. (b) In selecting qualified County residents from the First Source Registry for interviews or other consideration for employment for all jobs covered by each First Source and Local Hiring Agreement, the Prince George’s County Economic Development Corporation’s Workforce Services Division shall give first priority to referring veterans who are County residents, second priority to referring unemployed County residents, third priority to referring County residents within three hundred percent (300%) of federal poverty guidelines, and then fourth priority to referring other job-seeking County residents.
BID NO.: S16-077A INVITATION FOR BID PAGE 51 TREE TRIMMING AND REMOVAL SERVICES
ATTACHMENT B (Continued)
(c) Each business that is a signatory to a First Source and Local Hiring Agreement under a procurement contract shall submit to the Prince George’s County Economic Development Corporation’s Workforce Services Division and the Purchasing Agent, by the fifth business day of every month following the execution of the First Source and Local Hiring Agreement, an agreement compliance report for the project that includes the: (1) Number of employees needed; (2) Number of current employees transferred; (3) Number of new job openings created; (4) Number of jobs openings listed with the Prince George’s County Economic Development Corporation’s Workforce Services Division; (5) (A) For the reporting period (during the previous calendar month), the total number of County residents employed, including new County resident hires, and total hours worked by County residents, and (B) For the calendar year, the cumulative total number of County residents employed, including cumulative new County resident hires, and cumulative work hours by County residents; and (6) (A) For the reporting period (during the previous calendar month), the total number of employees employed, including new hires, and total employee hours worked, and
(B) For the calendar year, the cumulative total number of employees hired, including cumulative new hires, and cumulative employee hours worked, including, for each employee: (i) Name; (ii) Job title; (iii) Hire date; (iv) Residence; and (v) Referral source for all new hires. (d) At least ten (10) calendar days prior to announcing an employment position, a business that is a signatory to a First Source and Local Hiring Agreement under a procurement contract shall notify the Prince George’s County Economic Development Corporation’s Workforce Services Division of the available positions. If the County resident interviewed or otherwise considered for the position is not hired, the business shall provide reasons why the referred County resident was not hired. A good faith effort is required to hire the referred County resident, if sufficiently qualified for the available position.
(e) The requirements of Section 10A-168 and Subsections (a) through (d) of this Section, except for the reporting requirements of Paragraphs (5) and (6) of Subsection (c) of this Section on a form provided by the Purchasing Agent, shall not apply to procurement contracts in the construction industry, as defined by Sector 23 of the current edition of the North American Industry Classification System (“NAICS”), for
Sec. 10A-169. First Source and Local Hiring Agreements required; local hiring requirement. procurements funded by a County agency or the County government if the procurement contract or agreement is governed by a project labor agreement. The remaining requirements of this Subdivision shall apply to such procurement contracts, agreements, or awards. (f) The Purchasing Agent shall require “best efforts” to reach a minimum goal that at least fifty-one percent (51%) of the annual man/woman hours (work hours), on both a total work hour and trade by trade basis, be worked by County residents as a condition of any contract or agreement for a procurement funded by a County agency, including requiring “best efforts” to reach a minimum goal that at least fifty-one percent (51%) of the annual apprenticeship work hours on such contracts or agreements be worked by apprentices who are County residents. The requirements of this Subsection extend to hiring by Contractors and Subcontractors on procurements funded by a County agency under the supervision or control of the Contractors and Subcontractors.
BID NO.: S16-077A INVITATION FOR BID PAGE 52 TREE TRIMMING AND REMOVAL SERVICES
ATTACHMENT B (Continued)
Sec. 10A-169. First Source and Local Hiring Agreements required; local hiring requirement.
(1) In procurements funded by a County agency or the County government, competitive bids or proposals responding to a bid or proposal solicitation, including, but not limited to, competitive bids pursuant to Section 10A-112 or competitive proposals pursuant to Section 10A-113, may be deemed nonresponsive and rejected by the Purchasing Agent if the bid or proposal fails to demonstrate adequate capacity to meet the annual County resident hiring goals of this Subsection in the judgment of the Purchasing Agent. (2) If a procurement subject to this Subsection fails to reach the minimum goal that at least fifty- one percent (51%) of the annual man/woman hours (work hours) or fifty-one percent (51%) of the annual apprenticeship work hours be worked by County residents, a waiver must be granted pursuant to Subsection (h) of this Section or the procurement is subject to the penalties of Subsection (i) of this Section.
(3) In order to meet the “best efforts” requirements of this Subsection, an employer required to comply with the annual County resident hiring goals of this Subsection shall require any worker it employs that it deems to be a County resident for the purposes of meeting the annual County resident hiring goals to submit documentation by the end of the calendar year to the employer necessary to establish the worker’s County residency pursuant to the requirements set forth in Section 10A-101(14.1), including a copy of a filed Maryland state income tax return as prescribed in Section 10A-101(14.1)(A) – (B) or an attestation as prescribed in Section 10A-101(14.1)(C) establishing a Prince George’s County domicile for the worker for the most recent full calendar year, unless the worker has already submitted such documentation during the calendar year to the Prince George’s County Workforce Services Division pursuant to Section 10A-168(a). The employer shall transmit the documentation required by this Paragraph submitted by its workers during the calendar year to the Prince George’s County Workforce Services Division and the Purchasing Agent by the tenth (10th) business day of the subsequent calendar year or the employer shall be in noncompliance with the “best efforts” requirements of this Subsection and subject to the penalties of Subsection (i) of this Section. (g) For procurements funded by a County agency or the County government, including, but not limited to, procurements awarded pursuant to Section 10A-112 or Section 10A-113, the Purchasing Agent shall require compliance with this Subdivision as a condition of the procurement contract or agreement or any such contract or agreement shall be void.
(h) On a case by case basis, at the request of an employer required to comply with Subsection (f) of this Section, the Purchasing Agent may waive the annual County resident hiring goals of Subsection (f) of this Section if the Purchasing Agent finds that “best efforts” to comply with the annual County resident hiring goals by the employer requesting the waiver have been demonstrated as prescribed in Paragraph (2) of this Subsection. An employer is only allowed to request and the Purchasing Agent is only allowed to grant a waiver authorized by this Subsection after the end of the calendar year for which the employer seeks the waiver and the waiver, if granted, shall only apply for that calendar year. (1) For procurement contracts or agreements subject to approval by legislative act under Section 819 of the Charter, a waiver authorized by this Subsection must be approved by the County Council. For procurement contracts or agreements not subject to approval by legislative act under Section 819 of the Charter, notice of such a waiver, including the information provided to the Purchasing Agent pursuant to Subparagraphs (A) – (D) of Paragraph (2) of this Subsection, shall be sent to the County Council by the Purchasing Agent by no less than fourteen (14) calendar days prior to the date of the County Executive’s approval of the Purchasing Agent’s decision to waive the provisions of Subsection (f) of this Section
(2) The term “best efforts” in this Subdivision means efforts to the maximum extent practicable have
BID NO.: S16-077A INVITATION FOR BID PAGE 53 TREE TRIMMING AND REMOVAL SERVICES
ATTACHMENT B (Continued)
Sec. 10A-169. First Source and Local Hiring Agreements required; local hiring requirement. been made to meet the requirement. “Best efforts” by an employer required to comply with Subsection (f) of this Section shall not be found and a waiver authorized by this Subsection shall not be granted unless the employer provides written documentation to the Purchasing Agent demonstrating that: (A) Whenever employment opportunities became available during the calendar year, the employer made good faith efforts to hire each County resident who applied or was referred for employment; (B) The employer sent written notifications during the calendar year to the Prince George’s County Workforce Services Division and community, labor, and workforce-related organizations and institutions identified by the County Executive or the County Executive’s designee whenever employment opportunities became available; (C) For each County resident who applied or was referred for employment during the calendar year, but was not hired, the employer maintained written documentation that includes a sufficient explanation of the reason(s) the County resident was not hired; and (D) The employer met other requirements during the calendar year determined by the Purchasing Agent. Based on an analysis of the information provided by the employer seeking a waiver authorized by this Subsection and an analysis by the Purchasing Agent of the sufficiency of the County’s labor market, the Purchasing Agent shall determine whether “best efforts” to comply have been demonstrated by the employer and whether to grant the employer’s request for a waiver authorized by this Subsection, subject to the approvals and notice required by this Subsection. An employer must be in compliance with Paragraph (3) of Subsection (f) of this Section in order to receive a waiver authorized by this Subsection. A waiver decision by the Purchasing Agent authorized by this Subsection must be approved by the County Executive. (i) Failure to comply with this Section, for a procurement funded by a County agency or the County government, may subject a signatory to a First Source and Local Hiring Agreement or any other entity required to comply with this Subdivision to a penalty, to include monetary fines of up to twenty percent (20%) of the value of the direct and indirect labor costs of the contract, as determined by the Purchasing Agent. For repeated violations of this Section, a signatory to a First Source and Local Hiring Agreement or any other entity required to comply with this Subdivision may be subject to a cancellation of the procurement contract or agreement, as determined by the Purchasing Agent, (j) At the discretion of the Purchasing Agent or the County Auditor, any business that is a signatory to a First Source and Local Hiring Agreement or any other entity required to comply with this Subdivision shall be subject to an audit of documents or other information deemed necessary by the Purchasing Agent or the County Auditor to verify compliance with this Section upon thirty (30) calendar days written notice. (k) Immediately upon execution, the Purchasing Agent shall expeditiously transmit a paper or electronic copy of any signed First Source and Local Hiring Agreement to the Prince George’s County Economic Development Corporation’s Workforce Services Division (CB-17-2011)
BID NO.: S16-077A INVITATION FOR BID PAGE 54 TREE TRIMMING AND REMOVAL SERVICES ATTACHMENT B-1 First Source and Local Hiring Agreement:
The Contractor agrees to the following provisions as a condition to their contract with Prince George's County:
A) The first source for finding employees to fill all jobs created by the government assisted project shall be the First Source Registry;
B) The first source for finding employees to fill any vacancy occurring in all jobs covered by a First Source and Local Hiring Agreement will be the First Source registry;
C) Contractor shall submit to the Prince George's County Economic Development Corporation's Workforce Services Division and the Purchasing Agent by the fifth business day of every month following the execution of the First Source and Local Hiring Agreement an agreement compliance report for the project that includes the:
(1) Number of employees needed;
(2) Number of current employees transferred;
(3) Number of new job openings created;
(4) Number of jobs openings listed with the Prince George’s County Economic Development Corporation’s Workforce Services Division;
(5) (A) For the reporting period (during the previous calendar month), the total number of County residents employed, including new County resident hires, and total hours worked by County residents, and
(B) For the calendar year, the cumulative total number of County residents employed, including cumulative new County resident hires, and cumulative work hours by County residents; and
(6) (A) For the reporting period (during the previous calendar month), the total number of employees employed, including new hires, and total employee hours worked, and
(B) For the calendar year, the cumulative total number of employees hired, including cumulative new hires, and cumulative employee hours worked, including, for each employee:
(i) Name;
(ii) Job title;
(iii) Hire date;
(iv) Residence; and
(v) Referral source for all new hires.
(D) At least ten (10) calendar days prior to announcing an employment position, a business that is a signatory to a First Source and Local Hiring Agreement under a procurement contract shall notify the Prince George’s County Economic Development Corporation’s Workforce Services Division of the
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ATTACHMENT B-1 (Continued)
First Source and Local Hiring Agreement:
available positions. If the County resident interviewed or otherwise considered for the position is not hired, the business shall provide reasons why the referred County resident was not hired. A good faith effort is required to hire the referred County resident, if sufficiently qualified for the available position.
(E) The Purchasing Agent requires “best efforts” to reach a minimum goal that at least fifty-one percent (51%) of the annual man/woman hours (work hours), on both a total work hour and trade by trade basis, be worked by County residents as a condition of any contract or agreement for a procurement funded by a County agency, including requiring “best efforts” to reach a minimum goal that at least fifty-one percent (51%) of the annual apprenticeship work hours on such contracts or agreements be worked by apprentices who are County residents. The requirements of this Subsection extend to hiring by Contractors and Subcontractors on procurements funded by a County agency under the supervision or control of the Contractors and Subcontractors.
______
Signature: Authorized Corporate Officer/Partner or Proprietor Date
Typed Name of Signatory Title of Authorized Signatory
Name of person designated by your firm to monitor your company’s compliance with the First Source and Local Hiring agreement:
Name:______
Title:______
Phone:______Email:______
BID NO.: S16-077A INVITATION FOR BID PAGE 56 TREE TRIMMING AND REMOVAL SERVICES
ATTACHMENT B -2
FIRST SOURCE AND LOCAL HIRING AGREEMENT COMPLIANCE REPORT Instructions: This report must be submitted to the Prince George's County Economic Development Corporation's Workforce Services Division (EDC Workforce Services Division) and the Purchasing Agent by the fifth business day of every month following the execution of the First Source and Local Hiring Agreement.
Part I
Number of Number of current Number of new job Number of job employees needed employees openings created openings listed with transferred the EDC Workforce Services Division
PART II For the reporting period (during the previous calendar month) please indicate the following:
Total number of County residents Total hours worked by County residents employed, including new County resident hires.
PART III For the calendar year, the cumulative total number of County residents employed, including:
Cumulative new County resident hires Cumulative work hours by County residents
PART IV For the reporting period (during the previous calendar month) the total number of employees employed, including
New Hires Total Employee Hours Worked
PART V For the calendar year, the cumulative total number of employees hired, include the cumulative new hires, and cumulative employee hours worked for each employee. (Please complete Attachment “B-2”)
Cumulative Total Number of Employees Cumulative Employee Hours Worked Hired
Complete Attachment and Submit Monthly if a Contract is Awarded
BID NO.: S16-077A INVITATION FOR BID PAGE 57 TREE TRIMMING AND REMOVAL SERVICES
ATTACHMENT B-2 (Continued)
Employee Name Job Title Date of Hire Hours Worked Residence Referral Source
BID NO.: S16-077A INVITATION FOR BID PAGE 58 TREE TRIMMING AND REMOVAL SERVICES
ATTACHMENT C
RESERVED: THIS PAGE/SHEET IS INTENTIONALLY LEFT BLANK
BID NO.: S16-077A INVITATION FOR BID PAGE 59 TREE TRIMMING AND REMOVAL SERVICES
ATTACHMENT D
VENDORS OATH AND CERTIFICATION
Pursuant to Subtitle 10, Section 10A-110 of the Prince George's County Code, the Purchasing Agent requests as a matter of law that any Contractor receiving a contract or award from Prince George's County, Maryland, shall affirm under oath as below. Receipt of such certification, under oath, shall be a prerequisite to the award of contract and payment thereof.
"I (We) hereby declare and affirm under oath and the penalty of making a false statement that if the contract is awarded to our firm, partnership or corporation that no officer or employee of the County whether elected or appointed, is in any manner whatsoever interested in, or will receive or has been promised any benefit from, the profits or emoluments of this contract, unless such interest, ownership or benefit has been specifically authorized by resolution of the Board of Ethics pursuant to Section 1002 of the Charter of Prince George's County, Maryland; and
I (We) hereby declare and affirm under oath and the penalty of making a false statement that if the contract is awarded to our firm, partnership or corporation that no member of the elected governing body of Prince George's County, Maryland, or members of his or her immediate family, including spouse, parents or children, or any person representing or purporting to represent any member or members of the elected governing body has received or has been promised, directly or indirectly, any financial benefit, by way of fee, commission, finder's fee, political contribution, or any other similar form of remuneration and/or on account of the acts of awarding and/or executing this contract, unless such officer or employee has been exempted by Section 1002 of the Charter of Prince George's County, Maryland.
Handwritten Signature of Authorized Principal(s):
Name: Title: ______
CERTIFICATION OF ASSURANCE OF COMPLIANCE REGARDING FAIR LABOR STANDARDS ACT
In accordance with the Fair Labor Standards Act of 1938 (29 USCS, Sections 201-216, 217-219, 557), the implementing rules and regulations thereof, a Certificate of Compliance with the Fair Labor Standards Act of 1938 is required of Bidders or prospective Contractors receiving a contract or award from Prince George's County, Maryland. Receipt of such certification shall be a prerequisite to the award of contract and payment thereof.
Certification of Bidder
I (We) hereby certify that our firm, as producer of the goods to be purchased by Prince George's County, Maryland, has complied with all applicable requirements of the Fair Labor Standards Act of 1938 (29 USCS, Sections 201-216, 217-219, 557).
Handwritten Signature of Authorized Principal(s):
Name/Title: ______Company Name:
BID NO.: S16-077A INVITATION FOR BID PAGE 60 TREE TRIMMING AND REMOVAL SERVICES
ATTACHMENT E
BIDDER/OFFEROR STATEMENT OF OWNERSHIP
Part A below requires a business entity, when responding to a bid or proposal solicitation, to provide a statement of ownership as a condition of eligibility to receive a contract from Prince George's County.
NOTE: Submission of completed document is prerequisite to award.
PART "A" – OWNERSHIP Date ______
1. Full name and address of business:
______City and State Zip Code Business Phone w/area code
2. Is the business incorporated? [ ] Yes [ ] No
3. Other names used by business i.e., T/A ______
Non-Corporate Business If response to Item #2 above is No, list the name and business and residence address of each individual having a 10% or greater financial interest in the business.
Name Business Address Residence Address
______
______
Corporate Business Entities Is the corporation listed on a National Securities Exchange? [ ] Yes [ ] No
4. List the names of all officers of the corporation, their business and residence addresses and the date they assumed their respective offices.
Residence Date Date Term of Name Business/Address Office Assumed Office Expires
______
5. List the names of all members of the current Board of Directors, their business and residence addresses, the date each member assumed office and the date his/her term as a Director shall expire (if any).
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ATTACHMENT E (Continued)
BIDDER/OFFEROR STATEMENT OF OWNERSHIP (continued)
Residence Date Date Term of Name Business/Address Office Assumed Office Expires
6. List the names and residence addresses of all individuals owning at least 10% of the shares of any class of corporate security, including but not limited to stocks of any type or class and serial maturity bonds of any type or class.
Name Residence Address
This Financial Disclosure Statement has been prepared by: on this
______day of
______Signed by Preparer
PART "B" - BIDDER'S QUALIFICATION STATEMENT
Part B is Bidder's Qualification Affidavit of "No Conviction" for bribery, attempted bribery, or conspiracy to bribe, and is required under Section 16-311 of the Maryland State Finance and Procurement Article. This signed form must be submitted with bid.
1. I am the ______of ______a party interested in obtaining a contract with Prince George's County under conditions set forth in documents for Bid No. ______.
2. Upon examination of relevant records and to the best of my knowledge, no officer, director, partner or employees of the aforementioned business entity has on the basis of acts committed after July 1, 1977, been convicted of, or entered a plea of nolo contendere to, a charge of bribery, attempted bribery or conspiracy to bribe under the laws of the State of Maryland, any other state, or the federal government other than those listed on the attachment to this affidavit (attachment should list name, title, offense, place and date of conviction or plea);
3. I have been authorized to make this statement on behalf of the aforementioned party.
______(Signature)
BID NO.: S16-077A INVITATION FOR BID PAGE 62 TREE TRIMMING AND REMOVAL SERVICES
ATTACHMENT E (Continued)
BIDDER/OFFEROR STATEMENT OF OWNERSHIP (continued)
ACKNOWLEDGMENT (Corporate)
I, ______certify that I am the Name (Printed)
______of ______and Title and Office Business Entity that ______who signed the above Affidavit/ Name (Printed) is ______of said entity; that I know his/her Title signature, and his/her signature thereto is genuine; and that the above Affidavit/Statement of Ownership was duly signed, sealed, and attested for in behalf of said entity by authority of its governing body. Further, under penalty of perjury I solemnly affirm that the contents of the foregoing Affidavit and Statement of Ownership are true to the best of my knowledge, information and belief.
______(SEAL) (Name Printed)
______(SEAL) (Signature)
______(SEAL) Corporate Seal (as applicable) P.G.C. Form #3962 (Rev. 9/92)
BID NO.: S16-077A INVITATION FOR BID PAGE 63 TREE TRIMMING AND REMOVAL SERVICES
ATTACHMENT F MID‐ATLANTIC PURCHASING TEAM RIDER CLAUSE
USE OF CONTRACT(S) BY MEMBERS COMPRISING Mid –Atlantic Purchasing Team COMMITTEE
Extension to Other Jurisdictions
Prince George’s County, Maryland extends the resultant contract (s), including pricing, terms and conditions to the members of the Mid‐Atlantic Purchasing Team, as well as all other public entities under the jurisdiction of the United States and its territories.
Inclusion of Governmental & Nonprofit Participants (Optional Clause) This shall include but not be limited to private schools, Parochial schools, non‐public schools such as charter schools, special districts, intermediate units, non‐profit agencies providing services on behalf of government, and/or state, community and/or private colleges/universities that required these good, commodities and/or services.
Notification and Reporting The Contractor agrees to notify the issuing jurisdiction of those entities that wish to use any contract resulting from this solicitation and will also provide usage information, which may be requested. The Contractor will provide the copy of the solicitation and resultant contract documents to any requesting jurisdiction or entity.
Contract Agreement Any jurisdiction or entity using the resultant contract (s) may enter into its own contract with the successful Contractor (s). There shall be no obligation on the party of any participating jurisdiction to use the resultant contract (s). Contracts entered into with a participating jurisdiction may contain general terms and conditions unique to that jurisdiction Including, by way of illustration and not limitation, clauses covering minority participation, non‐discrimination, indemnification, naming the jurisdiction as an additional insured under any required Comprehensive General Liability policies, and venue.
Mid‐Atlantic Purchasing Team:
___ Alexandria, Virginia ___City of Manassas Public Schools ___ Alexandria Public Schools ___Manassas Virginia ___ Alexandria Sanitation Authority ___ Manassas Park, Virginia ___ Arlington County, Virginia ___ Maryland‐National Capital Park & Planning Comm ___ Arlington County Public Schools ___ Maryland Department of Transportation ___ Bladensburg, Maryland ___ Metropolitan Washington Airports Authority ___ Bowie, Maryland ___ Metropolitan Washington Council of Governments ___ BRCPC ___ Montgomery College ___ Charles County Public Schools ___ Montgomery County, Maryland ___ College Park, Maryland ___ Montgomery County Public Schools ___ City of Fredericksburg ___ Northern Virginia Community College ___ College Park, Maryland ___ Prince George's Community College ___ District of Columbia Government ___ Prince George's County, Maryland ___ District of Columbia Public Schools ___ Prince George's Public Schools ___ District of Columbia Water & Sewer Auth. ___ Prince William County, Virginia ___ Fairfax, Virginia ___ Prince William County Public Schools ___ Fairfax County, Virginia ___ Rockville, Maryland ___Prince William County Service Authority ___ Rockville, Maryland ___ Fairfax County Water Authority ___ Spotsylvania County ___ Falls Church, Virginia ___ Spotsylvania County Government & Schools ___ Fauquier County Schools & Government ___ Stafford County, Virginia ___ Frederick, Maryland ___ Takoma Park, Maryland ___ Frederick County, Maryland ___ Upper Occoquan Service Authority ___ Gaithersburg, Maryland ___ Vienna, Virginia ___ Greenbelt, Maryland ___ Washington Metropolitan Area Transit Authority ___ Herndon, Virginia ___ Washington Suburban Sanitary Commission ___ Leesburg, Virginia ___ Winchester, Virginia ___ Loudoun County, Virginia ___ Winchester Public Schools ___ Loudoun County Public Schools ___ Loudoun County Water Authority
BID NO.: S16-077A INVITATION FOR BID PAGE 64 TREE TRIMMING AND REMOVAL SERVICES
ATTACHMENT G HOW TO APPLY FOR A FEDERAL EIN
NOTICE OF NEW VENDOR NUMBERING SYSTEM
Effective July 1, 2010, all new and existing vendor numbers will adhere to a single consistent standard – the federal employer identification number of the legal entity doing business with Prince George’s County, Maryland (“the County”). An employer identification number, or EIN, is a nine-digit number issued by the Internal Revenue Service (IRS) for a business entity. The digits are arranged as follows: 00-0000000.
TAX PAYER IDENTIFICATION (TIN) MATCH – Most County vendors previously submitted EIN information to the County using IRS Form W-9: Request for Taxpayer Identification Number and Certification. Before this new vendor number is established, the County will validate your name and number thru IRS e-Services. The legal name and EIN for your business entity shall be an exact match. The legal name should be the same as it appears on your social security card, charter, articles of incorporation, or other applicable document. You will be notified of any discrepancies. Any differences shall be resolved before a Fiscal Year 2011 purchase order is released.
SOLE PROPRIETORS – To preserve confidentiality and as a good business practice, sole proprietors currently using a Tax Identification Number (such as a SSN or ITIN) for both personal and business activities will be required to obtain a federal employer identification number. The IRS will issue an EIN to sole proprietors who are in business for themselves without any employees. Sole proprietors with multiple trade names (DBA or doing business as) only need single EIN.
HOW TO APPLY FOR EIN – You can apply for an EIN online, by telephone, by fax, or by mail. Excerpts from IRS publications are provided on the reverse side of this notice. We recommend that you seek assistance on obtaining an EIN from either your tax advisor or IRS (by calling 1-800-829-4933, visiting a local Internal Revenue Service Center, or accessing online tips and videos at www.irs.gov/businesses).
This vendor numbering system is widely used by other private and public enterprises.
Your cooperation as we make this process improvement is truly appreciated. You can ask questions about the County’s vendor numbering system by contacting the Office of Central Services at 301.883.6400.
Before starting, collect forms and documents to answer the below questions Complete IRS Form SS-4 – Application for Employer Identification Number Form SS-4 is available online or by placing a telephone order for mail delivery
Online: www.irs.gov/businessesdownloads available 24/7 Phone: Call 1-800-829-3676 delivery within 10 workdays
Q 1 Legal name of entity (or individual) – no abbreviations or nicknames
Q 2 Trade name of business (or doing business as) if different from legal name Q 3 If applicable – Name of Executor, Administrator, Trustee, or similar Q 4 Mail or Correspondence Address
NOTICE OF NEW VENDOR NUMBERING SYSTEM Q 5 If different – Physical Address – do not use post office box
Q 6 County and state where principal business is located Q 7 Name of responsible party or person who directly or indirectly has ability to control, manage, or direct the entity and dispose of funds and assets Q 8 If applicable – LLC information Q 9 Type of Entity – sole proprietor, corporation, partnership, etc. Q 10 Reason for applying – do not enter N/A Q 11 Date business started or acquired Q 12 Closing month of accounting or tax year for your business Q 13 Highest number of employees expected in the next 12 months – zero is an acceptable response Q 14 Indicate whether you expect your employment tax liability to be $1000 or less in a full calendar year and plan to annually file Form 941 instead of a quarterly filing of Form 941 for more than $1000 Q 15 First date wages or annuities were paid – if none – enter N/A Q 16 Principal activity of business, e.g., construction, retail, etc. Q 17 If applicable – more details about line of business
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ATTACHMENT G (Continued)
HOW TO APPLY FOR A FEDERAL EIN (Continued)
Q 18 Indicate whether prior EIN was issued for this business
ONLINE 24 hours a day, 7 days a week for all US businesses
Immediate use Go to IRS website at www.irs.gov/businesses Click on Employer ID Numbers On-line session shall be completed in full – you cannot stop and return later View, print, and save EIN assignment notice at end of session
TELEPHONE Weekdays 7:00 AM to 10:00 PM Immediate use Call IRS at 1-800-829-4933 International applicants shall call: 215-516-6999 The person making the call shall be authorized to sign form SS-4 or be an authorized designee An IRS agent will use the information to establish your account and assign an EIN The agent may ask you to mail or fax the signed Form SS-4
FAX 24 hours a day, 7 days a week RT fax 4 Days complete and fax Form SS-4 to the IRS Internal Revenue Service Center Attn: EIN Operation Cincinnati, OH 45999 859-669-5760 MAIL 4 – 5 Weeks Sign and mail Form SS-4 to service center address for business state Call 1-800-829-4933 to ask about status of mail applications