College of Charleston

Request for Quotation

Solicitation NumberDate PrintedDate Issued

Procurement OfficerPhone

E-Mail Address

09.42.DC.QJanuary 20, 2009January 20, 2009Debra Cannon843-953-3041cannond@cofc.edu

DESCRIPTION: Provide Labor and Materials for Tree Removal, Pruning, and Fertilization in the Cistern Yard

The Term "Offer" Means Your "Bid" or "Proposal".

SUBMIT OFFER BY (Opening Date/Time): February 5, 2009/1:00 PM ET See "Deadline For Submission Of Offer" Provision

QUESTIONS MUST BE RECEIVED BY: January 29, 2009 @ 3 PM See "Questions From Offerors" ProvisionNUMBER OF COPIES TO BE SUBMITTED: One (1) original or (May be faxed to 843-953-5444)

SUBMIT YOUR OFFER TO EITHER OF THE FOLLOWING ADDRESSES:USPS MAILING ADDRESS: PHYSICAL ADDRESS: (COURIER/HAND-CARRY)

College of Charleston College of CharlestonProcurement Office Procurement Office Rm B5366 George St 160 Calhoun StCharleston SC 29424 Charleston SC 29401

See "Submitting Your Offer" provisionSITE VISIT: (Non-Mandatory but strongly encouraged)Thursday, January 29, 2009 @ 10:00AMAs appropriate, see "Conferences - Pre-Bid/Proposal" & "Site Visit" provisions

LOCATION:College of CharlestonCistern Yard, 66 George StreetCharleston, SC 29401

AWARD & AMENDMENTS

Award will be posted at the Physical Address stated above on 2/6/09. The award, this solicitation, and any amendments will be posted at the following web address: http://www.cofc.edu/~procure/award_statements.htm

You must submit a signed copy of this form with Your Offer. By submitting a bid or proposal, You agree to be bound by the terms of the Solicitation. You agree to hold Your Offer open for a minimum of thirty (30) calendar days after the Opening Date.NAME OF OFFEROR (Full legal name of business submitting the offer) OFFEROR'S TYPE OF ENTITY:

(Check one)□ Sole Proprietorship□ Partnership□ Corporation (tax-exempt)□ Corporate entity (not tax-exempt)□ Government entity (federal, state, or local)□ Other _________________________ (See "Signing Your Offer" provision.)

AUTHORIZED SIGNATURE

(Person signing must be authorized to submit binding offer to enter contract on behalf of Offeror named above.)

TITLE (Business title of person signing above)

PRINTED NAME (Printed name of person signing above) DATE SIGNED

Instructions regarding Offeror's name: Any award issued will be issued to, and the contract will be formed with, the entity identified as the offeror above. An offer may be submitted by only one legal entity. The entity named as the offeror must be a single and distinct legal entity. Do not use the name of a branch office or a division of a larger entity if the branch or division is not a separate legal entity, i.e., a separate corporation, partnership, sole proprietorship, etc.STATE OF INCORPORATION (If offeror is a corporation, identify the state of Incorporation.)

TAXPAYER IDENTIFICATION NO.

(See "Taxpayer Identification Number" provision)

STATE VENDOR NO.

(Register to Obtain S.C. Vendor No. at www.procurement.sc.gov)COVER PAGE MMO (JAN. 2006)

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(Return Page Two with Your Offer)

HOME OFFICE ADDRESS (Address for offeror's home office / principal place of business)

NOTICE ADDRESS (Address to which all procurement and contract related notices should be sent.) (See "Notice" clause)

Area Code Number Extension Facsimile

E-mail Address

PAYMENT ADDRESS (Address to which payments will be sent.) (See "Payment" clause)

ORDER ADDRESS (Address to which purchase orders will be sent) (See "Purchase Orders” and "Contract Documents" clauses)

Payment Address same as Home Office Address Payment Address same as Notice Address (check only one)

Order Address same as Home Office Address Order Address same as Notice Address (check only one)

ACKNOWLEDGMENT OF AMENDMENTS

Offerors acknowledges receipt of amendments by indicating amendment number and its date of issue.

See "Amendments to Solicitation" Provision

Amendment No.

Amendment Issue Date

Amendment No.

Amendment Issue Date

Amendment No.

Amendment Issue Date

Amendment No.

Amendment Issue Date

DISCOUNT FOR PROMPT PAYMENTSee "Discount for Prompt Payment" clause

10 Calendar Days (%) 20 Calendar Days (%) 30 Calendar Days (%) _____Calendar Days (%)

PREFERENCES – SC RESIDENT VENDOR PREFERENCE (June 2005): Section 11-35-1524 provides a preference for offerors that qualify as a resident vendor. A resident vendor is an offeror that (a) is authorized to transact business within South Carolina, (b) maintains an office* in South Carolina, (c) either (1) maintains a minimum $10,000.00 representative inventory at the time of the solicitation, or (2) is a manufacturer which is headquartered and has at least a ten million dollar payroll in South Carolina, and the product is made or processed from raw materials into a finished end-product by such manufacturer or an affiliate (as defined in section 1563 of the Internal Revenue Code) of such manufacturer, and (d) has paid all assessed taxes. If applicable, preference will be applied as required by law.

OFFERORS REQUESTING THIS PREFERENCE MUST INITIAL HERE. ______________.

*ADDRESS AND PHONE OF IN-STATE OFFICE

In-State Office Address same as Home Office Address In-State Office Address same as Notice Address (CHECK ONLY ONE )

PREFERENCES – SC/US END-PRODUCT (June 2005): Section 11-35-1524 provides a preference to vendors offering South Carolina end-products or US end-products, if those products are made, manufactured, or grown in SC or the US, respectively. An end-product is the item identified for acquisition in this solicitation, including all component parts in final form and ready for the use intended. The terms “made,” “manufactured,” and “grown” are defined by Section 11-35-1524(B). By signing your offer and checking the appropriate space(s) provided and identified on the bid schedule, offeror certifies that the end-product(s) is either made, manufactured or grown in South Carolina, or other states of the United States, as applicable. Preference will be applied as required by law.

IF THIS PREFERENCE APPLIES TO THIS PROCUREMENT, PART VII (BIDDING SCHEDULE) WILL INCLUDE A PLACE TO CLAIM THE PREFERENCE.OFFERORS REQUESTING THIS PREFERENCE MUST CHECK THE APPROPRIATE SPACES ON THE BIDDING SCHEDULE.

PAGE TWO (JAN. 2006) End of Page Two

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Solicitation Outline

I. Scope of SolicitationII. Instructions to Offerors

A. General InstructionsB. Special Instructions

III. Scope of Work / SpecificationsMay be blank if Bidding Schedule / Cost Proposal attached

IV. Information for Offerors to SubmitV. QualificationsVI. Award CriteriaVII. Terms and Conditions

A. General B. Special

VIII. Bidding Schedule / Cost ProposalIX. Attachment to Solicitation

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I. Scope of Solicitation:

ACQUIRE SERVICES & SUPPLIES/EQUIPMENT (January 2006): The purpose of this solicitation is to acquire services and supplies or equipment complying with the enclosed description and/or specifications and conditions.

II. Instructions to OfferorsA. General Instructions

DEFINITIONS (JANUARY 2006) EXCEPT AS OTHERWISE PROVIDED HEREIN, THE FOLLOWING DEFINITIONS ARE APPLICABLE TO ALL PARTS OF THE SOLICITATION.AMENDMENT – means a document issued to supplement the original solicitation document.BOARD – means the South Carolina Budget & Control Board.BUYER – means the Procurement Officer.CHANGE ORDER - means any written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity, or other provisions of any contract accomplished by mutual agreement of the parties to the contract. CONTRACT - See clause entitled “Contract Documents & Order of Precedence.”CONTRACT MODIFICATION – means a written order signed by the Procurement Officer, directing the contractor to make changes which the changes clause of the contract authorizes the Procurement Officer to order without the consent of the contractor.CONTRACTOR - means the Offeror receiving an award as a result of this solicitation.COVER PAGE – means the top page of the original solicitation on which the solicitation is identified by number. Offerors are cautioned that Amendments may modify information provided on the Cover Page.OFFER – means the bid or proposal submitted in response this solicitation. The terms “Bid” and “Proposal” are used interchangeably with the term “Offer.”OFFEROR – means the single legal entity submitting the offer. The term “Bidder” is used interchangeably with the term “Offeror.” See bidding provisions entitled “Signing Your Offer” and “Bid/Proposal As Offer To Contract.” ORDERING ENTITY - Using Governmental Unit that has submitted a Purchase Order.PAGE TWO – means the second page of the original solicitation, which is labeled Page Two. PROCUREMENT OFFICER – means the person, or his successor, identified as such on the Cover Page.YOU and YOUR – means Offeror.SOLICITATION – means this document, including all its parts, attachments, and any Amendments.STATE – means the Using Governmental Unit(s) identified on the Cover Page.SUBCONTRACTOR – means any person having a contract to perform work or render service to Contractor as a part of the Contractor’s agreement arising from this solicitation.USING GOVERNMENTAL UNIT – means the unit(s) of government identified as such on the Cover Page. If the Cover Page names a “Statewide Term Contract” as the Using Governmental Unit, the Solicitation seeks to establish a Term Contract [11-35-310(35)] open for use by all South Carolina Public Procurement Units [11-35-4610(5)].WORK - means all labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor’s obligations under the Contract.

AMENDMENTS TO SOLICITATION (JANUARY 2006) (a) The Solicitation may be amended at any time prior to opening. All actual and prospective Offerors should monitor the following web site for the issuance of Amendments: www.procurement.sc.gov. (b) Offerors shall acknowledge receipt of any amendment to this solicitation (1) by signing and returning the amendment, (2) by identifying the amendment number and date in the space provided for this purpose on Page Two, (3) by letter, or (4) by submitting a bid that indicates in some way that the bidder received the amendment. (c) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged.

AWARD NOTIFICATION (JUNE 2006) Notice regarding any award or cancellation of award will be posted at the location specified on the Cover Page. The date and location of posting will be announced at opening. If the contract resulting from this Solicitation has a total or potential value of fifty thousand dollars or more, such notice will be sent to all Offerors responding to the Solicitation. Should the contract resulting from this Solicitation have a potential value of one

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hundred thousand dollars or more, such notice will be sent to all Offerors responding to the Solicitation and any award will not be effective until the eleventh day after such notice is given.

BID / PROPOSAL AS OFFER TO CONTRACT (JANUARY 2006) By submitting Your Bid or Proposal, You are offering to enter into a contract with the Using Governmental Unit(s). Without further action by either party, a binding contract shall result upon final award. Any award issued will be issued to, and the contract will be formed with, the entity identified as the Offeror on the Cover Page. An Offer may be submitted by only one legal entity; “joint bids” are not allowed.

BID ACCEPTANCE PERIOD (JANUARY 2006) In order to withdraw Your Offer after the minimum period specified on the Cover Page, You must notify the Procurement Officer in writing.

BID IN ENGLISH & DOLLARS (JANUARY 2006) Offers submitted in response to this solicitation shall be in the English language and in US dollars, unless otherwise permitted by the Solicitation.

BOARD AS PROCUREMENT AGENT (AUG 2004) (a) Authorized Agent. All authority regarding the conduct of this procurement is vested solely with the responsible Procurement Officer. Unless specifically delegated in writing, the Procurement Officer is the only government official authorized to bind the government with regard to this procurement. (b) Purchasing Liability. The Procurement Officer is an employee of the Board acting on behalf of the Using Governmental Unit(s) pursuant to the Consolidated Procurement Code. Any contracts awarded as a result of this procurement are between the Contractor and the Using Governmental Units(s). The Board is not a party to such contracts, unless and to the extent that the board is a using governmental unit, and bears no liability for any party’s losses arising out of or relating in any way to the contract.

Certificate of Independent Price Determination (May 2008)

GIVING FALSE, MISLEADING, OR INCOMPLETE INFORMATION ON THIS CERTIFICATION MAY RENDER YOU SUBJECT TO PROSECUTION UNDER SECTION 16-9-10 OF THE SOUTH CAROLINA CODE OF LAWS AND OTHER APPLICABLE LAWS.

(a) By submitting an offer, the offeror certifies that—

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to—(i) Those prices;(ii) The intention to submit an offer; or(iii) The methods or factors used to calculate the prices offered.

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory—

(1) Is the person in the offeror’s organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this certification; or

(2)(i) Has been authorized, in writing, to act as agent for the offeror's principals in certifying that those principals have not participated, and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this certification [As used in this subdivision (b)(2)(i), the term "principals" means the person(s) in the offeror’s organization responsible for determining the prices offered in this bid or proposal];

(ii) As an authorized agent, does certify that the principals referenced in subdivision (b)(2)(i) of this certification have not participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this certification; and

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(iii) As an agent, has not personally participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this certification.

(c) If the offeror deletes or modifies paragraph (a)(2) of this certification, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure. [02-2A032-1]

CERTIFICATION REGARDING DEBARMENT AND OTHER RESPONSIBILITY MATTERS (JANUARY 2006)

(a)(1) By submitting an Offer, Offeror certifies, to the best of its knowledge and belief, that-

(i) Offeror and/or any of its Principals-

(A) Are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any state or federal agency;(B) Have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property; and(C) Are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.

(ii) Offeror has not, within a three-year period preceding this offer, had one or more contracts terminated for default by any public (Federal, state, or local) entity.

(2) "Principals," for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions).

(b) Offeror shall provide immediate written notice to the Procurement Officer if, at any time prior to contract award, Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) If Offeror is unable to certify the representations stated in paragraphs (a)(1), Offer must submit a written explanation regarding its inability to make the certification. The certification will be considered in connection with a review of the Offeror's responsibility. Failure of the Offeror to furnish additional information as requested by the Procurement Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly or in bad faith rendered an erroneous certification, in addition to other remedies available to the State, the Procurement Officer may terminate the contract resulting from this solicitation for default.

CODE OF LAWS AVAILABLE (JANUARY 2006): The South Carolina Code of Laws, including the Consolidated Procurement Code, is available at http://www.scstatehouse.net/code/statmast.htm. The South Carolina Regulations are available at: http://www.scstatehouse.net/coderegs/statmast.htm.

COMPLETION OF FORMS / CORRECTION OF ERRORS (JANUARY 2006): All prices and notations should be printed in ink or typewritten. Errors should be crossed out, corrections entered and initialed by the person signing the bid. Do not modify the solicitation document itself (including bid schedule). (Applicable only to offers submitted on paper.)

DEADLINE FOR SUBMISSION OF OFFER (JANUARY 2006) Any offer received after the Procurement Officer of the governmental body or his designee has declared that the time set for opening has arrived, shall be rejected unless the offer has been delivered to the designated purchasing office or the governmental bodies’ mail room which services that purchasing office prior to the bid opening. [R.19-445.2070(H)]

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DRUG FREE WORK PLACE CERTIFICATION (JANUARY 2006) By submitting an Offer, Contractor certifies that, if awarded a contract, Contractor will comply with all applicable provisions of The Drug-free Workplace Act, Title 44, Chapter 107 of the South Carolina Code of Laws, as amended

DUTY TO INQUIRE (JANUARY 2006) Offeror, by submitting an Offer, represents that it has read and understands the Solicitation and that its Offer is made in compliance with the Solicitation. Offerors are expected to examine the Solicitation thoroughly and should request an explanation of any ambiguities, discrepancies, errors, omissions, or conflicting statements in the Solicitation. Failure to do so will be at the Offeror’s risk. Offeror assumes responsibility for any patent ambiguity in the Solicitation that Offeror does not bring to the State’s attention.

ETHICS ACT (JANUARY 2006) By submitting an Offer, You certify that You are in compliance with South Carolina’s Ethics, Government Accountability, and Campaign Reform Act of 1991, as amended. The following statutes require special attention: (a) Offering, giving, soliciting, or receiving anything of value to influence action of public employee – Section 8-13-790, (b) Recovery of kickbacks – Section 8-13-790, (c) Offering, soliciting, or receiving money for advice or assistance of public official – Section 8-13-720, (d) Use or disclosure of confidential information – Section 8-13-725, and (e) Persons hired to assist in the preparation of specifications or evaluation of bids – Section 8-13-1150.

ILLEGAL IMMIGRATION (NOV. 2008): (An overview is available at www.procurement.sc.gov) By signing your offer, you certify that you will comply with the applicable requirements of Title 8, Chapter 14 of the South Carolina Code of Laws and agree to provide to the State upon request any documentation required to establish either: (a) that Title 8, Chapter 14 is inapplicable to you and your subcontractors or sub-subcontractors; or (b) that you and your subcontractors or sub-subcontractors are in compliance with Title 8, Chapter 14. Pursuant to Section 8-14-60, "A person who knowingly makes or files any false, fictitious, or fraudulent document, statement, or report pursuant to this chapter is guilty of a felony, and, upon conviction, must be fined within the discretion of the court or imprisoned for not more than five years, or both." You agree to include in any contracts with your subcontractors language requiring your subcontractors to (a) comply with the applicable requirements of Title 8, Chapter 14, and (b) include in their contracts with the sub-subcontractors language requiring the sub-subcontractors to comply with the applicable requirements of Title 8, Chapter 14. [07-7B097-1] Procurement Code Transactions: Construction By signing its bid or proposal, Contractor certifies that it will comply with the applicable requirements of Title 8, Chapter 14 of the South Carolina Code of Laws and agrees to provide to the State upon request any documentation required to establish either: (a) that Title 8, Chapter 14 is inapplicable both to Contractor and its subcontractors or sub-subcontractors; or (b) that Contractor and its subcontractors or sub-subcontractors are in compliance with Title 8, Chapter 14. Pursuant to Section 8-14-60, "A person who knowingly makes or files any false, fictitious, or fraudulent document, statement, or report pursuant to this chapter is guilty of a felony, and, upon conviction, must be fined within the discretion of the court or imprisoned for not more than five years, or both." Contractor agrees to include in any contracts with its subcontractors language requiring its subcontractors to (a) comply with the applicable requirements of Title 8, Chapter 14, and (b) include in their contracts with the sub-subcontractors language requiring the sub-subcontractors to comply with the applicable requirements of Title 8, Chapter 14. (An overview is available at www.procurement.sc.gov) Other Transactions By submitting an offer, Contractor certifies that it will comply with the applicable requirements of Title 8, Chapter 14 of the South Carolina Code of Laws (originally enacted as Section 3 of The South Carolina Illegal Immigration Reform Act, 2008 S.C. Act No. 280) and agrees to provide upon request any documentation required to establish either: (a) the applicability of Title 8, Chapter 14 to Contractor and any subcontractors or sub-subcontractors; or (b) the compliance with Title 8, Chapter 14 by Contractor and any subcontractor or sub-subcontractor. Pursuant to Section 8-14-60, "A person who knowingly makes or files any false, fictitious, or fraudulent document, statement, or report pursuant to this chapter is guilty of a felony, and, upon conviction, must be fined within the discretion of the court or imprisoned for not more than five years, or both." Contractor agrees to include in any contracts with its subcontractors language requiring the subcontractors to (a) comply with the applicable requirements of Title 8, Chapter 14, and (b) include in any contracts with the sub-subcontractors language requiring the sub-subcontractor to comply with the applicable requirements of Title 8, Chapter 14.

PROTESTS (JUNE 2006) Any prospective bidder, offeror, contractor, or subcontractor who is aggrieved in connection with the solicitation of a contract shall protest within ten (10) days of the date of issuance of the applicable solicitation document at issue. Any actual bidder, offeror, contractor, or subcontractor who is aggrieved in connection with the intended award or award of a contract shall protest within ten days of the date notification of award is posted in accordance with this code. A protest shall be in writing, shall set forth the grounds of the protest and the relief requested with enough particularity to give notice of the issues to be decided and must be received by the appropriate Chief Procurement Officer within the time provided. See clause entitled “Protest-CPO”.[§ 11-35-4210]

QUESTIONS FROM OFFERORS (JANUARY 2006): (a) Any prospective offeror desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing. Questions must be received by the Procurement

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Officer no later than five (5) days prior to opening unless otherwise stated on the Cover Page. Label any communication regarding your questions with the name of the procurement officer, and the solicitation's title and number. Oral explanations or instructions will not be binding. Any information given a prospective offeror concerning a solicitation will be furnished promptly to all other prospective offerors as an Amendment to the solicitation, if that information is necessary for submitting offers or if the lack of it would be prejudicial to other prospective offerors. (b) The State seeks to permit maximum practicable competition. Offerors are urged to advise the Procurement Officer – as soon as possible – regarding any aspect of this procurement, including any aspect of the Solicitation that unnecessarily or inappropriately limits full and open competition.

REJECTION/CANCELLATION (JANUARY 2006) The State may cancel this solicitation in whole or in part. The State may reject any or all proposals in whole or in part. [SC Code Section 11-35-1710 & R.19-445.2065.]

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RESPONSIVENESS / IMPROPER OFFERS (JANUARY 2006)

(a) Bid as Specified. Offers for supplies or services other than those specified will not be considered unless authorized by the Solicitation.

(b) Multiple Offers. Offerors may submit more than one Offer, provided that each Offer has significant differences other than price. Each separate Offer must satisfy all Solicitation requirements. If this solicitation is an Invitation for Bids, each separate offer must be submitted as a separate document. If this solicitation is a Request for Proposals, multiple offers may be submitted as one document, provided that you clearly differentiate between each offer and you submit a separate cost proposal for each offer, if applicable.

(c) Responsiveness. Any Offer which fails to conform to the material requirements of the Solicitation may be rejected as nonresponsive. Offers which impose conditions that modify material requirements of the Solicitation may be rejected. If a fixed price is required, an Offer will be rejected if the total possible cost to the State cannot be determined. Offerors will not be given an opportunity to correct any material nonconformity. Any deficiency resulting from a minor informality may be cured or waived at the sole discretion of the Procurement Officer. [R.19-445.2070 and Section 11-35-1520(13)]

(d) Price Reasonableness: Any offer may be rejected if the Procurement Officer determines in writing that it is unreasonable as to price. [R. 19-445.2070].

(e) Unbalanced Bidding. The State may reject an Offer as nonresponsive if the prices bid are materially unbalanced between line items or subline items. A bid is materially unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated in relation to cost for other work, and if there is a reasonable doubt that the bid will result in the lowest overall cost to the State even though it may be the low evaluated bid, or if it is so unbalanced as to be tantamount to allowing an advance payment.

RESTRICTIONS APPLICABLE TO OFFERORS (JANUARY 2006) Violation of these restrictions may result in disqualification of your offer, suspension or debarment, and may constitute a violation of the state Ethics Act. (a) After issuance of the solicitation, you agree not to discuss this procurement activity in any way with the Using Governmental Unit or its employees, agents or officials. All communications must be solely with the Procurement Officer. This restriction may be lifted by express written permission from the Procurement Officer. This restriction expires once a contract has been formed. (b) Unless otherwise approved in writing by the Procurement Officer, you agree not to give anything to any Using Governmental Unit

SIGNING YOUR OFFER (JANUARY 2006) Every Offer must be signed by an individual with actual authority to bind the Offeror. (a) If the Offeror is an individual, the Offer must be signed by that individual. If the Offeror is an individual doing business as a firm, the Offer must be submitted in the firm name, signed by the individual, and state that the individual is doing business as a firm. (b) If the Offeror is a partnership, the Offer must be submitted in the partnership name, followed by the words “by its Partner,” and signed by a general partner. (c) If the Offeror is a corporation, the Offer must be submitted in the corporate name, followed by the signature and title of the person authorized to sign. (d) An Offer may be submitted by a joint venturer involving any combination of individuals, partnerships, or corporations. If the Offeror is a joint venture, the Offer must be submitted in the name of the Joint Venture and signed by every participant in the joint venture in the manner prescribed in paragraphs (a) through (c) above for each type of participant. (e) If an Offer is signed by an agent, other than as stated in subparagraphs (a) through (d) above, the Offer must state that is has been signed by an Agent. Upon request, Offeror must provide proof of the agent's authorization to bind the principal.

STATE OFFICE CLOSINGS (JANUARY 2006) If an emergency or unanticipated event interrupts normal government processes so that offers cannot be received at the government office designated for receipt of bids by the exact time specified in the solicitation, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal government processes resume. In lieu of an automatic extension, an Amendment may be issued to reschedule bid opening. If state offices are closed at the time a pre-bid or pre-proposal conference is scheduled, an Amendment will be issued to reschedule the conference. Useful information may be available at: http://www.scemd.org/scgovweb/weather_alert.htm.

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SUBMITTING CONFIDENTIAL INFORMATION (AUGUST 2002): (An overview is available at www.procurement.sc.gov) For every document Offeror submits in response to or with regard to this solicitation or request, Offeror must separately mark with the word "CONFIDENTIAL" every page, or portion thereof, that Offeror contends contains information that is exempt from public disclosure because it is either (a) a trade secret as defined in Section 30-4-40(a)(1), or (b) privileged and confidential, as that phrase is used in Section 11-35-410. For every document Offeror submits in response to or with regard to this solicitation or request, Offeror must separately mark with the words "TRADE SECRET" every page, or portion thereof, that Offeror contends contains a trade secret as that term is defined by Section 39-8-20 of the Trade Secrets Act. For every document Offeror submits in response to or with regard to this solicitation or request, Offeror must separately mark with the word "PROTECTED" every page, or portion thereof, that Offeror contends is protected by Section 11-35-1810. All markings must be conspicuous; use color, bold, underlining, or some other method in order to conspicuously distinguish the mark from the other text. Do not mark your entire response (bid, proposal, quote, etc.) as confidential, trade secret, or protected! If your response, or any part thereof, is improperly marked as confidential or trade secret or protected, the State may, in its sole discretion, determine it nonresponsive. If only portions of a page are subject to some protection, do not mark the entire page. By submitting a response to this solicitation or request, Offeror (1) agrees to the public disclosure of every page of every document regarding this solicitation or request that was submitted at any time prior to entering into a contract (including, but not limited to, documents contained in a response, documents submitted to clarify a response, and documents submitted during negotiations), unless the page is conspicuously marked "TRADE SECRET" or "CONFIDENTIAL" or "PROTECTED", (2) agrees that any information not marked, as required by these bidding instructions, as a "Trade Secret" is not a trade secret as defined by the Trade Secrets Act, and (3) agrees that, notwithstanding any claims or markings otherwise, any prices, commissions, discounts, or other financial figures used to determine the award, as well as the final contract amount, are subject to public disclosure. In determining whether to release documents, the State will detrimentally rely on Offeror's marking of documents, as required by these bidding instructions, as being either "Confidential" or "Trade Secret" or "PROTECTED". By submitting a response, Offeror agrees to defend, indemnify and hold harmless the State of South Carolina, it’s officers and employees, from every claim, demand, loss, expense, cost, damage or injury, including attorney’s fees, arising out of or resulting from the State withholding information that Offeror marked as "confidential" or "trade secret" or "PROTECTED". (All references to S.C. Code of Laws.)

SUBMITTING YOUR OFFER OR MODIFICATION (JANUARY 2006) (a) Offers and offer modifications shall be submitted in sealed envelopes or packages (unless submitted by electronic means) – (1) Addressed to the office specified in the Solicitation; and (2) Showing the time and date specified for opening, the solicitation number, and the name and address of the bidder. (b) If you are responding to more than one solicitation, each offer must be submitted in a different envelope or package. (c) Each Offeror must submit the number of copies indicated on the Cover Page. (d) Offerors using commercial carrier services shall ensure that the Offer is addressed and marked on the outermost envelope or wrapper as prescribed in paragraphs (a)(1) and (2) of this provision when delivered to the office specified in the Solicitation. (e) Facsimile or e-mail offers, modifications, or withdrawals, will not be considered unless authorized by the Solicitation. (f) Offers submitted by electronic commerce shall be considered only if the electronic commerce method was specifically stipulated or permitted by the solicitation.

TAX CREDIT FOR SUBCONTRACTING WITH MINORITY FIRMS (JANUARY 2006) Pursuant to Section 12-6-3350, taxpayers, who utilize certified minority subcontractors, may take a tax credit equal to 4% of the payments they make to said subcontractors. The payments claimed must be based on work performed directly for a South Carolina state contract. The credit is capped at $25,000 per year or the total tax liability; whichever is lesser. The taxpayer is eligible to claim the credit for 6 consecutive taxable years beginning with the taxable year in which the credit is first claimed. There is no carry forward of unused credits. The credit may be claimed on Form TC-2, "Minority Business Credit." A copy of the subcontractor's certificate from the Governor's Office of Small and Minority Business (OSMBA) is to be attached to the contractor's income tax return. Taxpayers must maintain evidence of work performed for a State contract by the minority subcontractor. Questions regarding the tax credit and how to file are to be referred to: SC Department of Revenue, Research and Review, Phone: (803) 898-5786, Fax: (803) 898-5888. The subcontractor must be certified as to the criteria of a "Minority Firm" by the Governor's Office of Small and Minority Business Assistance (OSMBA). Certificates are issued to subcontractors upon successful completion of the certification process. Questions regarding subcontractor certification are to be referred to: Governor's Office of Small and Minority Business Assistance, Phone: (803) 734-0657, Fax: (803) 734-2498. Reference: SC §11-35-5010 – Definition for Minority Subcontractor & SC §11-35-5230 (B) – Regulations for Negotiating with State Minority Firms.

10

TAXPAYER IDENTIFICATION NUMBER (JANUARY 2006): (a) If Offeror is owned or controlled by a common parent as defined in paragraph (b) of this provision, Offeror shall submit with its Offer the name and TIN of common parent.(b) Definitions: "Common parent," as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member. "Taxpayer Identification Number (TIN)," as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number.(c) If Offeror does not have a TIN, Offeror shall indicate if either a TIN has been applied for or a TIN is not required. If a TIN is not required, indicate whether (i) Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; (ii) Offeror is an agency or instrumentality of a state or local government; (iii) Offeror is an agency or instrumentality of a foreign government; or (iv) Offeror is an agency or instrumentality of the Federal Government.

WITHDRAWAL OR CORRECTION OF OFFER (JANUARY 2006) Offers may be withdrawn by written notice received at any time before the exact time set for opening. If the Solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for opening. A bid may be withdrawn in person by a bidder or its authorized representative if, before the exact time set for opening, the identity of the person requesting withdrawal is established and the person signs a receipt for the bid. The withdrawal and correction of Offers is governed by S.C. Code Section 11-35-1520 and Regulation 19-445.2085.

B. Special Instructions

Bid only as specified-No Substitutes

Offensive Situations: The College is a high traffic co-ed student area. The successful contractor and his/her personnel are cautioned against creating interruptions, noise or offensive situations which may interfere with the learning process or could be construed as sexual harassment.

SITE VISIT (JAN 2006): A site visit will be held at the following date, time and location. Your failure to attend will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to the State. The State assumes no responsibility for any conclusions or interpretations made by the Contractor based on the information made available at the conference. Nor does the State assume responsibility for any understanding reached or representation made concerning conditions which can affect the work by any of its officers or agents before the execution of this contract, unless that understanding or representation is expressly stated in this contract. Date & Start Time: Thursday January 29, 2009 @ 10:00AM Location: College of Charleston Cistern Yard, 66 George Street, Charleston, SC 29401

Licenses, Permits, Insurance & Taxes: All costs for required license, permits, insurance and taxes shall be borne by the bidder.

The right is reserved to reject any bid in which the delivery time indicated is considered sufficient to delay the operation for which the commodity is intended.

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III. SCOPE OF WORK / SPECIFICATIONS

A. General Scope of Work:

Provide necessary labor, tools, equipment and materials for tree removal, pruning, and fertilization in the Cistern Yard located at 66 George Street in accordance with specifications titled College of Charleston Tree Removal, Pruning, and Fertilization prepared by Designworks, Project Number: 08148.00. Drawing is provided as “Attachment A” to the solicitation.

1. Sheet IndexL101 – Tree Removal, Pruning and Fertilization

2. SpecificationsDIVISION 01 - GENERAL REQUIREMENTS

01010 - SUMMARY OF WORK 101200 - PROJECT MEETINGS 101300 - SUBMITTALS 401700 - CONTRACT CLOSEOUT 201740 - WARRANTIES 2

DIVISION 02 – SITE WORK 02211 – TREE PRUNING AND FERTILIZATION 6

Project Manual

12

College of Charleston Tree Removal, Pruning and Fertilization

Prepared for:The College of CharlestonCharleston, SC 29401

Prepared by:DesignWorks, L.C.Landscape Architecture/Land Planning50 George StreetCharleston, SC 29401

Project Number:08148.00Date: 10 January 2009

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SECTION 01010

SUMMARY OF WORK

PART 1 GENERAL

1.01 RELATED PROVISIONS

A. The provisions of the Instructions to Bidders, General Conditions and Supplementary Conditions.

1.02 WORK COVERED BY CONTRACT DOCUMENTS

A. The Project consists of tree removal, pruning and fertilizing at the College of Charleston. 1. Project Location: George and St. Philip Street, Charleston, South Carolina 2. Owner: The project is owned by the College of Charleston

B. Contract Documents, were prepared for the Project by DesignWorks, LC., 50 George Street, Charleston, South Carolina, 29401

C. The Work will be constructed under a single prime contract.

1.03 CONTRACTOR USE OF PREMISES

A. Use of the Site: Limit use of the premises to work in areas indicated. Confine operations to areas within contract limits indicated. Do not disturb portions of the site beyond the areas in which the Work is indicated. Except as specifically approved, the Contractor shall not have access to the current buildings on the property.

B. Authorization of work outside the contract limit can be requested if deemed necessary. Contractor to coordinate with a College of Charleston representative regarding work additional to contracted scope.

PART 2 PRODUCTS- NOT APPLICABLE

PART 3 EXECUTION- NOT APPLICABLE

END OF SECTION

14

SECTION 01200

PROJECT MEETINGS

PART 1 GENERAL

1.01 RELATED PROVISIONS A. The provisions of the Instructions to Bidders, General Conditions and Supplementary Conditions.

1.02 SUMMARY A. This Section specifies administrative and procedural requirements for project meetings, including, but not limited to, the following: 1. Preconstruction conferences 2. Preinstallation conferences 3. Progress meetings 4. Coordination meetings

B. Related Sections: The following Sections contain requirements that relate to this Section: 1. Division 1 Section “Coordination” for procedures for coordinating project meetings with other construction activities

1.03 PRECONSTRUCTION CONFERENCE

A. Schedule a preconstruction conference before starting construction, at a time convenient to the Owner and the Architect, but no later than 5 days after execution of the Agreement. Hold the conference at the Project Site or another convenient location. Conduct the meeting to review responsibilities and personnel assignments.

B. Attendees: Authorized representatives of the Owner, Architect, and their consultants; the Contractor and its superintendent; major subcontractors; manufacturers; suppliers; and other concerned parties shall attend the conference. All participants at the conference shall be familiar with the Project and authorized to conclude matters relating to the Work.

C. A pre-construction conference should be scheduled with the contractors, architect and owner and other pertinent individuals to discuss the following: 1. Introduction of all team members and their responsibilities 2. Project organizational structure and chain of command 3. Project scope of work 4. Schedule of values, schedule of completion 5. Duties of the owner and contractor, expectations, partnering 6. Schedule progress meeting 7. Project work schedule, normal working hours, normal work week. 8. N/A 9. N/A 10. Contractor’s Insurance 11. Final Completion inspection, punch list 12. N/A 13. Daily clean-up, trash removal, dumpster, trash areas

END OF SECTION

15

SECTION 01300

SUBMITTALS

PART 1 GENERAL

1.01 RELATED PROVISIONS A. The provisions of the Instructions to Bidders, General Conditions and Supplementary Conditions.

1.02 SUMMARY

A. This Section includes administrative and procedural requirements for submittals required for performance of the Work, including the following: 1. Contractor’s Construction Schedule 2. Quality assurance submittals

B. Administrative Submittals: Refer to other Division 1 Sections and other Contract Documents for requirements for administrative submittals. Such submittals include, but are not limited to, the following: 1. Permits as required for construction and operation of systems as specified 2. N/A 3. N/A 4. Insurance certificates

1.03 SUBMITTAL PROCEDURES

A. Coordination: Coordinate preparation and processing of submittals with performance of construction activities. Transmit each submittal sufficiently in advance of performance of related construction activities to avoid delay. 1. Coordinate each submittal with fabrication, purchasing, testing, delivery, other submittals, and related activities that require sequential activity. 2. Coordinate transmittal of different types of submittals for related elements of the Work so processing will not be delayed by the need to review submittals concurrently for coordination. a. The Architect reserves the right to withhold action on a submittal requiring coordination with other submittals until all related submittals are received. b. All color selections which need to be coordinated will be held until all submittals have been made.

3. Processing: To avoid the need to delay installation as a result of the time required to process submittals, allow sufficient time for submittal review, including time for resubmittals a. Allow 2 weeks for initial review. Allow additional time if the Architect must delay processing to permit coordination with subsequent submittals b. If an intermediate submittal is necessary, process the same as the initial submittal c. Allow 2 weeks for reprocessing each submittal d. No extension of Contract time will be authorized because of failure to transmit submittals to the Architect sufficiently in advance of the Work to permit processing B. Submittal Preparation: Place a permanent label or title block on each submittal for identification. Indicate the name of the entity that prepared each submittal on the label or title block. 1. Provide a space approximately 4 by 5 inches (100 by 125 mm) on the label or beside the title block on Shop Drawings to record the Contractor’s review and

16

approval markings and the action taken. 2. Include the following information on the label for processing and recording action taken: a. Project name b. Date c. Name and Address of the Architect d. Name and Address of the Contractor e. Name and Address of the subcontractor f. Name and Address of the supplier g. Submittal number h. Name of the manufacturer i. Number and title of appropriate Specification Section j. Drawing number and detail references, as appropriateC. Submittal Transmittal: Package each submittal appropriately for transmittal and handling. Transmit each submittal from the Contractor to the Architect using a transmittal form. The Architect will not accept submittals received from sources other than the Contractor. 1. On the transmittal, record relevant information, submittal numbers and requests for data. On the form, or separate sheet, record deviations from Contract Document requirements, including variations and limitations. Include Contractor’s certification that information complies with Contract Document requirements. If a submittal has not been checked by the contractor, the submittal will be returned. 2. Transmittal Form: Use AIA Document G810 or an approved form by the contractor.

1.04 PRODUCT DATA

A. Collect Product Data into a single submittal for each element of construction or system. Product Data includes printed information, such as manufacturer’s installation instructions, catalog cuts, standard color charts, roughing-in diagrams and templates, standard wiring diagrams, and performance curves. 1. Mark each copy to show applicable choices and options. Where printed Product Data includes information on several products that are not required, mark copies to indicate the applicable information. Include the following information: a. Manufacturer’s printed recommendations b. Compliance with trade association standards c. Compliance with recognized testing agency standards d. Application of testing agency labels and seals e. Notation of dimensions verified by field measurement f. Notation of coordination requirements 2. Do not submit Product Data until compliance with requirements of the Contract Documents has been confirmed. 3. Preliminary Submittal: Submit three (3) copies of Product Data where selection of options is required. 4. Submittals: Submit 7 copies of each required submittal; where required for maintenance manuals. The Architect will retain three and will return the other marked with action taken and corrections or modifications required. a. Unless noncompliance with Contract Document provisions is observed, the submittal may serve as the final submittal. 5. Distribution: Furnish copies of final submittal to installers, subcontractors, suppliers, manufacturers, fabricators, and others required for performance of construction activities. Show distribution on transmittal forms. a. Do not proceed with installation until a copy of Product Data is in the Installer’s possession. b. Do not permit use of unmarked copies of Product Data in connection with construction.

1.05 SAMPLES

A. Submit full-size, fully fabricated Samples cured and finished as specified and physically identical with the material or product proposed. Samples include partial sections of manufactured or fabricated components, cuts or containers of materials, color range sets, and swatches showing color, texture and pattern.

17

1. Mount or display Samples in the manner to facilitate review of qualities indicated. Prepare Samples to match the Architect’s Sample. Include the following: a. Specification Section number and reference b. Generic description of the Sample c. Sample Source d. Product name or name of the manufacturer e. Compliance with recognized standards f. Availability and delivery time.

2. Submit Samples for review of size, kind, color, pattern, and texture. Submit Samples for a final check of these characteristics from a range of standard choices. a. Where variation in color, pattern, texture, or other characteristic is inherent in the material or product represented, submit at least 3 multiple units that show approximate limits of the variations. b. Refer to other Specification Sections for requirements for Samples that illustrate workmanship, fabrication techniques, details of assembly, connections, operation, and similar construction characteristics.

3. Preliminary Submittals: Submit a full set of choices where Samples are submitted for selection of color, pattern, texture or similar characteristics from a range of standard choices. a. The Architect will review and return preliminary submittals with the Architect’s notation, indicating selection and other action.

4. Submittals: Except for Samples illustrating assembly details, workmanship, fabrication techniques, connections, operation, and similar characteristics, submit 3 sets. The Architect will return one set marked with the action taken.

5. Maintain sets of Samples, as returned, at the Project Site, for quality comparisons throughout the course of construction. a. Unless noncompliance with Contract Document provisions is observed, the submittal may serve as the final submittal. b. Sample sets may be used to obtain final acceptance of the construction associated with each set.

B. Distribution of Samples: Prepare and distribute additional sets to subcontractors, manufacturers, fabricators, suppliers, installers and others as required for performance of the Work. Show distribution on transmittal form. 1. Field samples are full-size examples erected on-site to illustrate finishes, coatings or finish materials and to establish the Project Standard. a. Comply with submittal requirements to the fullest extent possible. Process transmittal forms to provide a record of activity.

1.06 QUALITY ASSURANCE SUBMITTALS

A. Submit quality-control submittals, including design data, certifications, manufacturer’s instructions, manufacturer’s field reports, and other quality-control submittals as required under other Sections of the Specifications.

B. Certification: Where other Sections of the Specifications require certification that a product, material or installation complies with specified requirements, submit a notarized certification from the manufacturer certifying compliance with specified requirements.1. Signature: Certification shall be signed by an officer of the manufacturer or other

individual authorized to sign documents on behalf of the company.

PART 2 PRODUCTS: NOT APPLICABLE

PART 3 EXECUTION: NOT APPLICABLE

END OF SECTION

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SECTION 01700

CONTRACT CLOSEOUT

PART 1 GENERAL

1.1 SECTION INCLUDES

A. Closeout procedures.

B. Final cleaning.

C. Warranties.

1.2 RELATED SECTIONS

A. Section 01740 - Warranties.

1.3 CLOSEOUT PROCEDURES

A. Submit written certification that Contract Documents have been reviewed, Work has been inspected, and that Work is complete in accordance with Contract Documents and ready for Architect/Engineer's review.

B. Provide submittals to Owner that is required by governing or other authorities.

C. Submit final Application for Payment.

1.4 FINAL CLEANING

A. Execute final cleaning prior to final project assessment.

B. Clean surfaces exposed to view; remove temporary labels, stains and foreign substances, polish transparent and glossy surfaces

C. Clean equipment and fixtures to a sanitary condition with cleaning materials appropriate to the surface and material being cleaned.

D. Clean debris from drainage systems.

E. Clean site; sweep paved areas, rake clean landscaped surfaces.

F. Remove waste and surplus materials, rubbish, and construction facilities from the site.

1.5 ADJUSTING

A. Adjust operating Products and equipment to ensure smooth and unhindered operation.

1.6 WARRANTIES

A. N/A

B. Execute and assemble transferable warranty documents from Subcontractors, suppliers, and manufacturers.

C. N/A

D. Submit prior to final Application for Payment.

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PART 2 PRODUCTSNot Used.

PART 3 EXECUTION

Not Used.

END OF SECTION

20

SECTION 01740

WARRANTIES

PART 1 GENERAL

1.01 RELATED PROVISIONS A. The provisions of the Instructions to Bidders, General Conditions and Supplementary Conditions.

1.02 SUMMARY

A. This Section includes administrative and procedural requirements for warranties required by the Contract Documents, including manufacturers standard warranties on products and special warranties. 1. Refer to the General Conditions for terms of the Contractor’s period for correction of the Work.

B. Related Sections: The following Sections contain requirements that relate to this Section: 1. Division 1 Section “Submittals” specifies procedures for submitting warranties 2. Division 1 Section “Contract Closeout” specifies contract closeout procedures. 3. Divisions 2 through 16 Sections for specific requirements for warranties on products and installations specified to be warranted. 4. Certifications and other commitments and agreements for continuing services to Owner are specified elsewhere in the Contract Documents.

C. Disclaimers and Limitations: Manufacturer’s disclaimers and limitations on product warranties do not relieve the Contractor of the warranty on the Work that incorporates the products. Manufacturer’s disclaimers and limitations on product warranties do not relieve suppliers, manufacturers, and subcontractors required to countersign special warranties with the Contractor.

1.03 DEFINITIONS

A. Standard product warranties are preprinted written warranties published by individual manufacturers for particular products and are specifically endorsed by the manufacturer to the Owner.

B. Special warranties are written warranties required by or incorporated in the Contract Documents, either to extend time limits provided by standard warranties or to provide greater rights for the Owner.

1.04 WARRANTY REQUIREMENTS

A. Related Damages and Losses: When correcting failed or damaged warranted construction, remove and replace construction that has been damaged as a result of such failure or must be removed and replaced to provide access for correction of warranted construction.

B. Reinstatement of Warranty: When Work covered by a warranty has failed and been corrected by replacement or rebuilding, reinstate the warranty by written endorsement. The reinstated warranty shall be equal to the original warranty with an equitable adjustment for depreciation.

C. Replacement Cost: Upon determination that Work covered by a warranty has failed, replace or rebuild the Work to an acceptable condition complying with requirements of the Contract Documents. The Contractor is responsible for the cost of replacing or rebuilding defective Work regardless of whether the Owner has benefited from use of the Work through a portion of it’s anticipated useful services life.

D. Owner’s Recourse: Expressed warranties made to the Owner are in addition to implied 21

warranties and shall not limit the duties, obligations, rights, and remedies otherwise available under the law. Expressed warranty periods shall not be interpreted as limitations on the time in which the Owner can enforce such other duties, obligations, rights, or remedies. 1. Rejection of Warranties: The Owner reserves the right to reject warranties and to limit selection to products with warranties not in conflict with requirements of the Contract Documents.

E. Where the Contract Documents require a special warranty, or similar commitment on the Work or part of the Work, the Owner reserves the right to refuse to accept the Work, until the Contractor presents evidence that entities required to countersign such commitments are willing to do so.

1.05 SUBMITTALS

A. Submit written warranties to the Architect prior to the date certified for Substantial Completion. If the Architect’s Certificate of Substantial Completion designates a commencement date for warranties other than the date of Substantial Completion for the Work, or a designated portion of the Work, submit written warranties upon request of the

Architect. 1. When a designated portion of the Work is completed and occupied or used by the Owner, by separate agreement with the Contractor during the construction period, submit properly executed warranties to the Architect within 15 days of completion of that designated portion of the Work.

B. When the Contract Documents require the Contractor, or the Contractor and a subcontractor, supplier, or manufacturer. Submit a draft to the Owner, through the Architect, for approval prior to final execution.

C. Forms for special warranties are included at the end of this Section. Prepare a written

document utilizing the appropriate form, ready for execution by the Contractor, or by the Contractor, subcontractor, supplier, or manufacturer. Submit a draft to the Owner, through the Architect, for approval prior to final execution. 1. Refer to Divisions 2 through 16 Sections for specific content requirements and particular requirements for submitting special warranties. D. Form of Submittal: At final Completion compile 2 copies of each required warranty properly executed by the Contractor, or by the Contractor, subcontractor, supplier, or manufacturer. Organize the warranty documents into an orderly sequence based on the table of contents of the Project Manual. 1. When warranted construction requires operation and maintenance manuals,

provide additional copies of each required warranty, as necessary, for inclusion in each required manual.

PART 2 PRODUCTS : NOT APPLICABLE

END OF SECTION

22

SECTION 02211

TREE PRUNING AND FERTILIZATION

PART 1 - GENERAL

1.1 SUMMARYA. This Section includes the following work

1. Pruning of trees on Campus to improve tree structure, health and reduce potential hazardous conditions in trees by:a. Removing dead branches. b. Reducing the weight of branches or stems with included bark. c. Reducing the weight toward the ends of all but one co-dominant stem. d. Thinning the canopy.

2. Fertilizing trees within limit of work line to improve health growth of the trees.

1.2 RELATED SECTIONSA. Section 01300 - Submittals.

1.3 REFERENCESA. ANSI A300 pruning standards

B. ANSI Z133.1 safety regulations as required by OSHA.

C. ANSI A300 fertilization standards

1.4 SUBMITTALS FOR REVIEWA. Section 01300 - Submittals: Procedures for submittals.

B. Product Data: Fertilizer manufacturer and composition

C. Testing: Material test reports from qualified independent agricultural testing agency indicating and interpreting test results relative to compliance of the following materials with requirements indicated.

1. Test Reports: Submit written reports of each sample tested. Each report includes the following as a minimum and such other information required specific to material tested:

a. Date issued.

b. Project Title names of Contractor and supplier.

c. Testing laboratory name, address and telephone number, and name(s), as applicable, of each field and laboratory inspector.

d. Date, place, and time of sampling or test, with record of temperature and weather condi-tions.

e. Location of material source.

f. Type of test.

g. Results of tests including identification of deviations from specified ranges. Identify any toxic substance(s) harmful to plant growth or life. Recommendations for soil amendments, mix proportions, and methods of preparation, as applicable to specifications herein.

2. Required test:

a. Analysis of existing soil

23

1.5 QUALITY ASSURANCEA. Pre-construction Conference: Conduct conference at Project site. Pre-construction conference shall

include the Contractor, the foreman appointed to oversee the pruning operations, the Architect, representative from the College of Charleston Grounds and from City of Charleston Urban Forestry and other persons as deemed appropriate for the coordination and quality control of the work.

B. Insurance: The selected contractor shall be required to furnish a certificate of insurance to include liability, automotive, and worker’s compensation. Prior to notice to proceed, the selected contractor shall provide this information directly to the College representative.

1.6 QUALIFICATIONSA. Qualifications: Upon request, the contractor shall show they have been engaged in the field of

Arboriculture for a period of at least 10 years, and have completed jobs of similar size and scope. Upon request, proof of such work shall be provided directly to the College representative. Perform all work with personnel totally familiar with preparations and operations under supervision of an ISA Certified arborists. A certified arborist shall be on site at all times during work activities.

1.7 PROJECT CONDITIONSA. Utilities: Determine location of above grade a utilities and perform work in a manner, which will avoid

damage.

B. Clean Up: All debris and equipment shall be removed from the site by the end of each workday. All hauling and removal of vegetation, branches and limbs are responsibility of contractor.

C. Tree Damage: Equipment and work practices that damage bark or cambium should be avoided. Climbing spurs shall not be used when climbing trees, except to climb a tree to be removed or to perform an aerial rescue of an injured worker. Any tree damaged by the contractor shall be repaired immediately at no cost to the College. Any tree damage beyond repair will be removed and replaced by the Contractor at no additional cost to the College. The replacement will be of a size and species acceptable to the College.

1.8 DEFINITIONSA. Branch Collar: Wood tissue that forms around the base of a branch between the main stem and the

branch. Usually, as branch begins to die, the branch collar begins to increase in size.

B. Callus: New growth made by the cambium layer around all of the wound.

C. Cambium Layer: Growing point between the bark and the sapwood.

D. College: Shall refer to, but is not limited to the College of Charleston head of grounds or his designated representative.

E. Closure: Refers to the roll of callus growth around the wound area.

F. Codominant Leaders and Stems: Codominant leaders are considered to be two or more branches, trunks or leaders of approximately the same size, originating in close proximity to one another

G. D.B.H.: Diameter Breast High (4’6” above the ground).

H. Dormant: A condition of non-active growth. Deciduous trees are considered to be dormant from the time the leaves fall until new foliage begins to appear.

I. Drip line: A boundary on the soil surface delineated by the branch spread of a single plant or group of plants.

J. Fertilization: The application of fertilizer to the soil or plant.

K. Fertilizer: A substance containing one or more nutrients to be added to a plant or surrounding soil to supplement the supply of essential elements.

L. Fertilizer analysis: The composition of a fertilizer expressed as a percentage by weight of total nitrogen (N), available phosphoric acid (P2O5), soluble potash (K2O), and other nutrients.

M. Fertilizer ratio: The ratio of total nitrogen (N), available phosphoric acid (P2O5), and soluble potash (K2O); e.g., the ratio of a 30-10-10 fertilizer is 3:1:1.

N. Implant: A capsule or other device permanently inserted into the xylem.

O. Parent Stem: The main trunk system of the tree.24

P. Precut or Pre-cutting: The removal of the branch at least 6” beyond the finished cut to prevent splitting into parent stem or branch.

Q. Project: A project shall be defined as the construction to be performed at a specific location.

R. Pruning: The removal of dead, dying, diseased, or live, interfering objectionable and weak branches in a scientific manner.

S. Sap Flow: The definite course assumed by sap in its movement through a tree.

T. Scars or Injuries: Natural or man-made lesions of the bark in which the wood is exposed.

U. Subordination: The shortening of a limb or branch using a proper pruning cut

V. Suckers: Abnormal growth of small branches usually not following the general pattern of the tree.

W. The Cut: The exposed wood area that remains after the branch has been removed.

X. The Cut Back: Specified reduction of the overall size of the tree or individual branches, but may include the overall reduction of the sides as well as the top of the tree.

Y. Thinning Out: The removal of live branches to reduce wind resistance and to create more space.

Z. Trimming: Means the same as pruning.

PART 2 - PRODUCTS

2.1 MATERIALS AND COMPONENTSA. Fertilizer

1. In the absence of soil and/or foliar nutrient analysis, fertilizers with higher ratios of P2O5 and K2O should be avoided.

2. Slow-release fertilizers with a minimum 50 percent WIN should be preferred due to site considerations and plant sensitivity

PART 3 - EXECUTION

3.1 SAFETY STANDARDS A. All equipment to be used and all work to be performed shall be in full compliance with the most current

revision of American National Standards Institute, Standard Z-133.1 (Safety Requirements for Pruning, Trimming, Repairing, Maintaining, and Removing Trees and for Cutting Brush). These standards are made part of this contract by this reference. The Contractor will be solely responsible for pedestrian and vehicular safety and shall provide warning devices, barricades, and ground personnel needed to give safety, protection, and warning to persons and vehicular traffic within the area. Work shall not be done on any more than (6) six trees at a time. These shall be contiguous and properly barricaded Special events may occur while work is ongoing. The Contractor is not obligated to suspend work during these events, but any considerations will be appreciated.

3.2 CLEANUPA. All lawn areas and plant beds shall be raked, swept or otherwise appropriately cleaned, all streets and

sidewalks shall be swept, and all brush, branches, and logs shall be removed from the site at the end of each workday. Areas are to be left in a condition equal to that which existed prior to the commencement of the arboriculture operations. It shall be the responsibility of the Contractor to remove and to dispose of all logs, brush, and debris resulting from the tree maintenance operations at no additional cost to the College.

3.3 TREE PRUNINGA. The pruning requirements shall consist of conforming to the ANSI A300 pruning Guidelines, Standard

Practices for Trees, Shrubs, and Other Woody Plant Maintenance. For trees with an 8” or greater diameter, pruning shall consist of removing dead limbs and branches over 1.0”. Limbs and branches over 1.0” in diameter that are diseased, broken, split or interfering (rubbing against) with another limb or branch shall also be removed. In the case of interfering branches the least desirable branch shall be removed. Some codominant limbs or leaders may require removal or subordination of one of the limbs or leaders.

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3.4 FERTILIZATIONA. The fertilization requirements shall consist of conforming to the ANSI A300 - Part 2 fertilization

guidelines.

3.5 IRRIGATIONA. The College will mark all irrigation lines, heads, and other equipment as needed in the work area. It will

be the responsibility of the Contractor to avoid damage to this irrigation equipment. Care should be taken to avoid running over equipment with vehicles or dropping heavy objects on irrigation equipment. See “R” section 3.6 below – using ¾” plywood.

3.6 PROHIBITIONS A. The Contractor shall not use the following equipment on trees to be pruned: Hydraulic circular saws,

climbing irons, spurs, or spikes.

B. All cuts shall be made sufficiently close to the trunk or parent limb, without cutting into the branch collar or leaving a protruding stub, so closure can readily start under normal conditions. Clean cuts shall be made at all times.

C. Where branches are too heavy to handle to prevent splitting or peeling the bark, it is necessary to precut these branches. Where necessary, to prevent tree or property damage, branches shall be lowered to the ground proper ropes or equipment.

D. On trees known to be diseased, tools are to be disinfected with 20% Clorox solution after each cut and in between trees where there is known to be a danger of transmitting disease on tools.

E. All branches are to be cut back to a live lateral.

F. The presence of any structural weaknesses, disease condition, decayed trunk or branches, split crotches or branches shall be reported to the Urban Forester.

G. All stubs not callused over shall be pruned in the same manner as outlined above in this section. Care shall be taken so as not to damage the callusing tissue.

H. The Contractor shall not cut back or top any tree that is to be pruned.

I. Live branches less than 1.5 inches diameter should not be removed.

J. Dead branches greater than 1.5 inches in diameter (measured at the base of the branch) shall be removed from the canopy of all trees.

K. No live branches greater than 8 inches diameter shall be removed from the tree without authorization.

L. Remove no more than 20 percent of live foliage from the tree unless indicated.

M. Weight on main scaffold limbs with included bark shall be reduced by approximately one-third by removing some secondary branches toward the ends of the limbs and/or by removing the end of the branch using a drop-crotch cut.

N. If a tree less than 30 inches trunk diameter divides into two or more co-dominant leaders of about equal size in the bottom two-thirds of the tree, reduce the end weight by approximately one-fourth using drop-crotch and thinning cuts on all stems but the one that you believe could become the strongest and most dominant leader.  To accomplish this, remove branches growing toward the center and leave those that are oriented outward.  Use mostly thinning cuts, not drop-crotch cuts, on larger trees.  (Note: On some trees, you may not be able to perform all of this because you can not remove more than 20 percent of the foliage).

O. Identify those trees that have included bark in the crotches between co-dominant stems. Identify limbs and trunks with vertical cracks. 

P. If less than 20 percent of the foliage was removed on a mature tree following procedures above, thin the canopy to allow more light to reach the ground under the tree and to reduce damage from wind storms.  The foliage removed shall be taken primarily from the outer edge of the canopy, not from the interior.  Interior branches shall be left on the tree.  Do not remove water sprouts from the interior of the tree.

Q. Crowns of trees that were cold-damaged or topped will be restored to improve structure and form.  Remove or shorten all sprouts except one, which will become the dominant stem at that point.

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R. Contractor shall place ¾” plywood over any lawn area that requires vehicular traffic to remove, fertilize or prune trees.

END OF SECTION

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Work is to be completed during spring break while there are fewer people on campus. The work shall be completed between Sunday, March 1 and Sunday, March 8, 2009.

B. Additional Instructions Work area to be kept neat and safe at all times. Scaffolds, ladders, equipment, lifts, staging etc., to meet OSHA standards. Contractor shall have a qualified supervisor will be on-site while work is in progress. Contractor is responsible for the safety of his/her own personnel and members of the

College community as well as the general public. Suitable signs and/or barricades will be placed by the Contractor to ensure safety.

Contractor shall perform all work in a controlled sequence, submitting sequence plan and schedule (including start and finish dates) to Owner for review and approval.

Contractor shall perform work between the hours of 7:00am - 6:00pm. Contractor & all construction personnel are required to wear visible PHOTO

identification stating name & company. Smoking is not allowed in ANY College building. Contractor to maintain sufficient personnel and equipment on site to complete project

on time and to make continuous progress to completion. A representative of the College will visit the site each day or as arranged. The

representative will be available for answers to contract. Parking is available via Service Vehicle Permit through CofC Parking Services and is

the responsibility of the contractor. The College of Charleston offers service vehicle parking passes to persons driving company-owned vehicles and who require the use of the vehicle to perform a service for the College community. Persons who do not require the use of their vehicle to perform a service for the College are required to seek parking at a city-operated parking garage or meter. The Contractor must submit a signed Service Vehicle Parking form to Parking Services, along with vehicle registration. Service permits per vehicle are available at a cost of $6/day, $30/week or $100/month. Passes will be issued upon receipt of payment. Passes permit contractors to park ONLY in designated service vehicle spaces.

Work by College College shall provide electrical power and water.

IV. Information for Offerors to Submit

INFORMATION FOR OFFERORS TO SUBMIT – GENERAL (JANUARY 2006): Offeror shall submit a signed Cover Page and Page Two. Offeror should submit all other information and documents requested in this part and in parts II.B. Special Instructions; III. Scope of Work; V. Qualifications; VIII. Bidding Schedule/Price Proposal; and any appropriate attachments addressed in section IX. Attachments to Solicitations.

MINORITY PARTICIPATION (JANUARY 2006)

Is the bidder a South Carolina Certified Minority Business? □ Yes □ NOIs the bidder a Minority Business certified by another governmental entity? □ Yes □ NOIf so, please list the certifying governmental entity: _________________________

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Will any of the work under this contract be performed by a SC certified Minority Business as a subcontractor? □ Yes □ NOIf so, what percentage of the total value of the contract will be performed by a SC certified Minority Business as a subcontractor? □ Yes □ NOWill any of the work under this contract be performed by a minority business certified by another governmental entity as a subcontractor? □ Yes □ NOIf so, what percentage of the total value of the contract will be performed by a minority business certified by another governmental entity as a subcontractor? □ Yes □ NOIf a certified Minority Business is participating in this contract, please indicate all categories for which the Business is certified:□ Traditional minority □ Traditional minority, but female □ Women (Caucasian females) □ Hispanic minorities □ DOT referral (Traditional minority) □ DOT referral (Caucasian female) □ Temporary certification □ SBA 8 (a) certification referral □ Other minorities (Native American, Asian, etc.) (If more than one minority contractor will be utilized in the performance of this contract, please provide the information above for each minority business.)For a list of certified minority firms, please consult the Minority Business Directory, which is available at the following URL: http://www.govoepp.state.sc.us/osmba/

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V. QUALIFICATIONS

QUALIFICATION OF OFFEROR (JANUARY 2006): To be eligible for award of a contract, a prospective contractor must be responsible. In evaluating an Offeror’s responsibility, the State Standards of Responsibility [R.19-445.2125] and information from any other source may be considered. An Offeror must, upon request of the State, furnish satisfactory evidence of its ability to meet all contractual requirements. Unreasonable failure to supply information promptly in connection with a responsibility inquiry may be grounds for determining that you are ineligible to receive an award. S.C. Code Section 11-35-1810.

SUBCONTRACTOR – IDENTIFICATION (JAN 2006): If you intend to subcontract with another business for any portion of the work and that portion exceeds 10% of your price, your offer must identify that business and the portion of work which they are to perform. Identify potential subcontractors by providing the business’ name, address, phone, taxpayer identification number, and point of contact. In determining your responsibility, the state may evaluate your proposed subcontractors.

REQUIRED INFORMATION: In order to evaluate your responsibility, offeror and any subcontractor, if the value of subcontractor’s portion of the work exceeds 10% of your price (if in doubt, provide the information): shall submit the following information or documentation:

a. Include a brief history of the offeror’s experience in providing work of similar size and scope. b. A detailed, narrative statement listing the three(3) most recent, comparable contracts (including contact

information) which you have performed and the general history and experience of your organization.

VI. Award Criteria

Award will be made to the lowest responsible and responsive bidder.

AWARD TO ONE OFFEROR (JAN 2006): Award will be made to one Offeror.

COMPETITION FROM PUBLIC ENTITIES (JANUARY 2006): If a South Carolina governmental entity submits an offer, the Procurement Officer will, when determining the lowest offer, add to the price provided in any offers submitted by non-governmental entities a percentage equivalent to any applicable sales or use tax. S.C. Code Ann. Regs 117-304.1 (Supp. 2004).

UNIT PRICE GOVERNS (JANUARY 2006): In determining award, unit prices will govern over extended prices unless otherwise stated.

VII. Terms and ConditionsA. General

ASSIGNMENT (JANUARY 2006): No contract or its provisions may be assigned, sublet, or transferred without the written consent of the Procurement Officer.

BANKRUPTCY (JANUARY 2006): (a) Notice. In the event the Contractor enters into proceedings relating to bankruptcy, whether voluntary or involuntary, the Contractor agrees to furnish written notification of the bankruptcy to the College of Charleston. This notification shall be furnished within five (5) days of the initiation of the proceedings relating to the bankruptcy filing. This notification shall include the date on which the bankruptcy petition was filed, the identity of the court in which the bankruptcy petition was filed, and a listing of all State contracts against which final payment has not been made. This obligation remains in effect until final payment under this Contract. (b) Termination. This contract is

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voidable and subject to immediate termination by the State upon the contractor’s insolvency, including the filing of proceedings in bankruptcy.

CHOICE-OF-LAW (JANUARY 2006): The Agreement, any dispute, claim, or controversy relating to the Agreement, and all the rights and obligations of the parties shall, in all respects, be interpreted, construed, enforced and governed by and under the laws of the State of South Carolina, except its choice of law rules. As used in this paragraph, the term "Agreement" means any transaction or agreement arising out of, relating to, or contemplated by the solicitation.

CONTRACT DOCUMENTS & ORDER OF PRECEDENCE (JANUARY 2006): (a) Any contract resulting from this solicitation shall consist of the following documents: (1) a Record of Negotiations, if any, executed by you and the Procurement Officer, (2) documentation regarding the clarification of an offer [e.g., 11-35-1520(8) or 11-35-1530(6)], if applicable, (3) the solicitation, as amended, (4) modifications, if any, to your offer, if accepted by the Procurement Officer, (5) your offer, (6) any statement reflecting the state’s final acceptance (a/k/a “award”), and (7) purchase orders. These documents shall be read to be consistent and complimentary. Any conflict among these documents shall be resolved by giving priority to these documents in the order listed above. (b) The terms and conditions of documents (1) through (6) above shall apply notwithstanding any additional or different terms and conditions in either (i) a purchase order or other instrument submitted by the State or (ii) any invoice or other document submitted by Contractor. Except as otherwise allowed herein, the terms and conditions of all such documents shall be void and of no effect. (c) No contract, license, or other agreement containing contractual terms and conditions will be signed by any Using Governmental Unit. Any document signed or otherwise agreed to by persons other than the Procurement Officer shall be void and of no effect.

DISCOUNT FOR PROMPT PAYMENT (JANUARY 2006)

(a) Discounts for prompt payment will not be considered in the evaluation of offers. However, any offered discount will form a part of the award, and will be taken if payment is made within the discount period indicated in the offer by the offeror. As an alternative to offering a discount for prompt payment in conjunction with the offer, offerors awarded contracts may include discounts for prompt payment on individual invoices.

(b) In connection with any discount offered for prompt payment, time shall be computed from the date of the invoice. If the Contractor has not placed a date on the invoice, the due date shall be calculated from the date the designated billing office receives a proper invoice, provided the state annotates such invoice with the date of receipt at the time of receipt. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or, for an electronic funds transfer, the specified payment date. When the discount date falls on a Saturday, Sunday, or legal holiday when Federal Government offices are closed and Government business is not expected to be conducted, payment may be made on the following business day.

DISPUTES (JANUARY 2006): (1) Choice-of-Forum. All disputes, claims, or controversies relating to the Agreement shall be resolved exclusively by the appropriate Chief Procurement Officer in accordance with Title 11, Chapter 35, Article 17 of the South Carolina Code of Laws, or in the absence of jurisdiction, only in the Court of Common Pleas for, or a federal court located in, Richland County, State of South Carolina. Contractor agrees that any act by the Government regarding the Agreement is not a waiver of either the Government's sovereign immunity or the Government's immunity under the Eleventh Amendment of the United State's Constitution. As used in this paragraph, the term "Agreement" means any transaction or agreement arising out of, relating to, or contemplated by the solicitation. (2) Service of Process. Contractor consents that any papers, notices, or process necessary or proper for the initiation or continuation of any disputes, claims, or controversies relating to the Agreement; for any court action in connection therewith; or for the entry of judgment on any award made, may be served on Contractor by certified mail (return receipt requested) addressed to Contractor at the address provided as the Notice Address on Page Two or by personal service or by any other manner that is permitted by law, in or outside South Carolina. Notice by certified mail is deemed duly given upon deposit in the United States mail.

EQUAL OPPORTUNITY (JANUARY 2006). Contractor is referred to and shall comply with all applicable provisions, if any, of Title 41, Part 60 of the Code of Federal Regulations, including but not limited to Sections 60-1.4, 60-4.2, 60-4.3, 60-250.5(a), and 60-741.5(a), which are hereby incorporated by reference.

FALSE CLAIMS (JANUARY 2006): According to the S.C. Code of Laws § 16-13-240, "a person who by false pretense or representation obtains the signature of a person to a written instrument or obtains from another person any chattel, money, valuable security, or other property, real or personal, with intent to cheat and defraud a person of that property is guilty" of a crime.

FIXED PRICING REQUIRED (JANUARY 2006): Any pricing provided by contractor shall include all costs for performing the work associated with that price. Except as otherwise provided in this solicitation, contractor’s price shall be

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fixed for the duration of this contract, including option terms. This clause does not prohibit contractor from offering lower pricing after award.

NON-INDEMNIFICATION (JANUARY 2006): Any term or condition is void to the extent it requires the State to indemnify anyone.

NOTICE (JANUARY 2006): (A) After award, any notices shall be in writing and shall be deemed duly given (1) upon actual delivery, if delivery is by hand, (2) upon receipt by the transmitting party of automated confirmation or answer back from the recipient's device if delivery is by telex, telegram, facsimile, or electronic mail, or (3) upon deposit into the United States mail, if postage is prepaid, a return receipt is requested, and either registered or certified mail is used. (B) Notice to contractor shall be to the address identified as the Notice Address on Page Two. Notice to the state shall be to the Procurement Officer's address on the Cover Page. Either party may designate a different address for notice by giving notice in accordance with this paragraph.

PAYMENT (JANUARY 2006): (a) The Using Governmental Unit shall pay the Contractor, after the submission of proper invoices or vouchers, the prices stipulated in this contract for supplies delivered and accepted or services rendered and accepted, less any deductions provided in this contract. Unless otherwise specified in this contract, including the purchase order, payment shall not be made on partial deliveries accepted by the Government. (b) Unless the purchase order specifies another method of payment, payment will be made by check. (c) Payment and interest shall be made in accordance with S.C. Code Section 11-35-45. Contractor waives imposition of an interest penalty unless the invoice submitted specifies that the late penalty is applicable.

PUBLICITY (JANUARY 2006): Contractor shall not publish any comments or quotes by State employees, or include the State in either news releases or a published list of customers, without the prior written approval of the Procurement Officer.

PURCHASE ORDERS (JANUARY 2006): Contractor shall not perform any work prior to the receipt of a purchase order from the using governmental unit. The using governmental unit shall order any supplies or services to be furnished under this contract by issuing a purchase order. Purchase orders may be used to elect any options available under this contract, e.g., quantity, item, delivery date, payment method, but are subject to all terms and conditions of this contract. Purchase orders may be electronic. No particular form is required. An order placed pursuant to the purchasing card provision qualifies as a purchase order.

SETOFF (JANUARY 2006) The state shall have all of its common law, equitable, and statutory rights of set-off. These rights shall include, but not be limited to, the State's option to withhold for the purposes of set-off any moneys due to the Contractor under this contract up to any amounts due and owing to the state with regard to this contract, any other contract with any state department or agency, including any contract for a term commencing prior to the term of this contract, plus any amounts due and owing to the state for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto.

SURVIVAL OF OBLIGATIONS (JANUARY 2006): The Parties' rights and obligations which, by their nature, would continue beyond the termination, cancellation, rejection, or expiration of this contract shall survive such termination, cancellation, rejection, or expiration, including, but not limited to, the rights and obligations created by the following clauses: Indemnification - Third Party Claims, Intellectual Property Indemnification, and any provisions regarding warranty or audit.

TERMINATION DUE TO UNAVAILABILITY OF FUNDS (JANUARY 2006) Payment and performance obligations for succeeding fiscal periods shall be subject to the availability and appropriation of funds therefor. When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period, the contract shall be canceled. In the event of a cancellation pursuant to this paragraph, contractor will be reimbursed the resulting unamortized, reasonably incurred, nonrecurring costs. Contractor will not be reimbursed any costs amortized beyond the initial contract term.

THIRD PARTY BENEFICIARY (JANUARY 2006) This Contract is made solely and specifically among and for the benefit of the parties hereto, and their respective successors and assigns, and no other person will have any rights, interest, or claims hereunder or be entitled to any benefits under or on account of this Contract as a third party beneficiary or otherwise.

WAIVER (JANUARY 2006) The State does not waive any prior or subsequent breach of the terms of the Contract by making payments on the Contract, by failing to terminate the Contract for lack of performance, or by failing to strictly or promptly insist upon any term of the Contract. Only the Procurement Officer has actual authority to waive any of the State’s rights under this Contract. Any waiver must be in writing.

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B. Special-terms and Conditions

Deliveries shall be FOB destination, freight prepaid. It is agreed by the parties hereto that delivery by the contractor to the common carrier does not constitute delivery to the College. Any claim for loss or damage shall be between the contractor and the carrier.

Seller shall submit invoice and address any invoicing concerns to: College of Charleston, Accounts Payable, 66 George Street, Charleston, SC 29424, (843)953-5790.

CONTRACTOR'S LIABILITY INSURANCE (JANUARY 2006): (1) Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in South Carolina such insurance as will protect the contractor from the types of claims set forth below which may arise out of or result from the contractor's operations under the contract and for which the contractor may be legally liable, whether such operations be by the contractor or by a subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: (a) claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the work to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or death of the contractor's employees; (c) claims for damages because of bodily injury, sickness or disease, or death of any person other than the contractor's employees; (d) claims for damages insured by usual personal injury liability coverage; (e) claims for damages, other than to the work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom; (f) claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and (h) claims involving contractual liability insurance applicable to the Contractor's obligations under the provision entitled Indemnification – Third Party Claims.(2) Coverage shall be written on an occurrence basis and shall be maintained without interruption from date of commencement of the work until date of final payment. Coverage must include the following on a commercial basis: (i) Premises – Operations, (ii) Independent Contractor’s Protective, (iii) Products and Completed Operations, (iv) Personal and Advertising Injury, (v) Contractual, including specific provision for contractor’s obligations under the provision entitled Indemnification – Third Party Claims, (vi) Broad Form Property Damage including Completed Operations, and (vii) Owned, Non-owned and Hired Motor Vehicles.(3) The insurance required by this paragraph shall be written for not less than the following limits of liability or as required by law, whichever coverage is greater.:

COMMERCIAL GENERAL LIABILITY:General Aggregate (per project) $1,000,000Products/Completed Operations $1,000,000Personal and Advertising Injury $1,000,000Each Occurrence $1,000,000BUSINESS AUTO LIABILITY (including All Owned, Nonowned, and Hired Vehicles):

WORKER’S COMPENSATION:State Statutory

Employers Liability $100,000 Per Acc.$500,000 Disease, Policy Limit; $100,000 Disease, Each Employee(4) Required Documentation. (a) Prior to commencement of the work, contractor shall provide to the state a signed, original certificate of liability insurance (ACORD 25). The certificate shall identify the types of insurance, state the limits of liability for each type of coverage, include a provision for 30 days notice prior to cancellation, name every applicable using governmental unit (as identified on the cover page) as a Certificate Holder, provide that the general aggregate limit applies per project, and provide that coverage is written on an occurrence basis. (b) Prior to commencement of the work, contractor shall provide to the state a written endorsement to the contractor’s general liability insurance policy that (i) names every applicable using governmental unit (as identified on the Cover Page) as an additional insured, (ii) provides that no material alteration, cancellation, non-renewal, or expiration of the coverage contained in such policy shall have effect unless the named governmental unit(s) has been given at least thirty (30) days prior written notice, and (iii) provides that the Contractor’s liability insurance policy shall be primary, with any liability insurance of the state as secondary and noncontributory. (c) Both the certificate and the endorsement must be received directly from either the contractor's insurance agent or the insurance company.

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(5) Contractor shall provide a minimum of thirty (30) days written notice to every applicable using governmental unit of any proposed reduction of coverage limits (on account of revised limits or claims paid under the General Aggregate) or any substitution of insurance carriers.(6) The state's failure to demand either a certificate of insurance or written endorsement required by this paragraph is not a waiver of contractor's obligations to obtain the required insurance.

CHANGES (JANUARY 2006)(1) Contract Modification. By a written order, at any time, and without notice to any surety, the Procurement Officer may, subject to all appropriate adjustments, make changes within the general scope of this contract in any one or more of the following:(a) drawings, designs, or specifications, if the supplies to be furnished are to be specially manufactured for the [State] in accordance therewith;(b) method of shipment or packing;(c) place of delivery;(d) description of services to be performed;(e) time of performance (i.e., hours of the day, days ofthe week, etc.); or,(f) place of performance of the services.

Subparagraphs (a) to (c) apply only if supplies are furnished under this contract. Subparagraphs (d) to (f) apply only if services are performed under this contract.(2) Adjustments of Price or Time for Performance. If any such change increases or decreases the contractor's cost of, or the time required for, performance of any part of the work under this contract, whether or not changed by the order, an adjustment shall be made in the contract price, the delivery schedule, or both, and the contract modified in writing accordingly. Any adjustment in contract price made pursuant to this clause shall be determined in accordance with the Price Adjustment Clause of this contract. Failure of the parties to agree to an adjustment shall not excuse the contractor from proceeding with the contract as changed, provided that the State promptly and duly make such provisional adjustments in payment or time for performance as may be reasonable. By proceeding with the work, the contractor shall not be deemed to have prejudiced any claim for additional compensation, or an extension of time for completion.(3) Time Period for Claim. Within 30 days after receipt of a written contract modification under Paragraph (1) of this clause, unless such period is extended by the Procurement Officer in writing, the contractor shall file notice of intent to assert a claim for an adjustment. Later notification shall not bar the contractor's claim unless the State is prejudiced by the delay in notification.(4) Claim Barred After Final Payment. No claim by the contractor for an adjustment hereunder shall be allowed if notice is not given prior to final payment under this contract.

CISG (JANUARY 2006): The parties expressly agree that the UN Convention on the International Sale of Goods shall not apply to this agreement.

COMPLIANCE WITH LAWS (JANUARY 2006): During the term of the contract, contractor shall comply with all applicable provisions of laws, codes, ordinances, rules, regulations, and tariffs.

CONTRACT LIMITATIONS (JAN 2006): No sales may be made pursuant to this contract for any item or service that is not expressly listed. No sales may be made pursuant to this contract after expiration of this contract. Violation of this provision may result in termination of this contract and may subject contractor to suspension or debarment.

CONTRACTOR PERSONNEL (JANUARY 2006): The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them.

CONTRACTOR'S OBLIGATION – GENERAL (JANUARY 2006): The contractor shall provide and pay for all materials, tools, equipment, labor and professional and non-professional services, and shall perform all other acts and supply all other things necessary, to fully and properly perform and complete the work. The contractor must act as the prime contractor and assume full responsibility for any subcontractor’s performance. The contractor will be considered the sole point of contact with regard to all situations, including payment of all charges and the meeting of all other requirements.

CONTRACTOR’S USE OF STATE PROPERTY (JAN 2006): Upon termination of the contract for any reason, the State shall have the right, upon demand, to obtain access to, and possession of, all State properties, including, but not limited to, current copies of all State application programs and necessary documentation, all data, files, intermediate materials and supplies held by the contractor. Contractor shall not use, reproduce, distribute, display, or sell any data, material, or

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documentation owned exclusively by the State without the State's written consent, except to the extent necessary to carry out the work.

DEFAULT – SHORT FORM(JANUARY 2006) The State may terminate this contract, or any part hereof, for cause in the event of any default by the contractor, or if the contractor fails to comply with any contract terms and conditions, or fails to provide the State, upon request, with adequate assurances of future performance. In the event of termination for cause, the State shall not be liable to the contractor for any amount for supplies or services not accepted, and the contractor shall be liable to the State for any and all rights and remedies provided by law. If it is determined that the State improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

DISPOSAL OF PACKAGING (JANUARY 2006): Contractor shall dispose of all wrappings, crating, and other disposable materials pertaining to this contract at the end of each working day and upon completion of installation.

INDEMNIFICATION - THIRD PARTY CLAIMS (JANUARY 2006): Notwithstanding any limitation in this agreement, Contractor shall defend and indemnify the State of South Carolina, its instrumentalities, agencies, departments, boards, political subdivisions and all their respective officers, agents and employees against all suits or claims of any nature (and all damages, settlement payments, attorneys' fees, costs, expenses, losses or liabilities attributable thereto) by any third party which arise out of, or result in any way from, any defect in the goods or services acquired hereunder or from any act or omission of Contractor, its subcontractors, their employees, workmen, servants or agents. Contractor shall be given written notice of any suit or claim. State shall allow Contractor to defend such claim so long as such defense is diligently and capably prosecuted through legal counsel. State shall allow Contractor to settle such suit or claim so long as (i) all settlement payments are made by (and any deferred settlement payments are the sole liability of) Contractor, and (ii) the settlement imposes no non-monetary obligation upon State. State shall not admit liability or agree to a settlement or other disposition of the suit or claim, in whole or in part, without the prior written consent of Contractor. State shall reasonably cooperate with Contractor's defense of such suit or claim. The obligations of this paragraph shall survive termination of the parties' agreement.

LICENSES AND PERMITS (JANUARY 2006): During the term of the contract, the Contractor shall be responsible for obtaining, and maintaining in good standing, all licenses (including professional licenses, if any), permits, inspections and related fees for each or any such licenses, permits and/or inspections required by the State, county, city or other government entity or unit to accomplish the work specified in this solicitation and the contract.

MATERIAL AND WORKMANSHIP (JAN 2006): Unless otherwise specifically provided in this contract, all equipment, material, and articles incorporated in the work covered by this contract are to be new and of the most suitable grade for the purpose intended.

RELATIONSHIP OF THE PARTIES (JAN 2006): Neither party is an employee, agent, partner, or joint venturer of the other. Neither party has the right or ability to bind the other to any agreement with a third party or to incur any obligation or liability on behalf of the other party.

SHIPPING / RISK OF LOSS (JAN 2006): F.O.B. Destination. Destination is the shipping dock of the Using Governmental Units’ designated receiving site, or other location, as specified herein. (See Delivery clause)

OWNERSHIP OF DATA & MATERIALS (JANUARY 2006): All data, material and documentation either prepared for the State pursuant to this contract shall belong exclusively to the State.

TERMINATION FOR CONVENIENCE – SHORT FORM (JANUARY 2006) The Procurement Officer may terminate this contract in whole or in part, for the convenience of the State. In such a termination, the Procurement Officer may require the contractor to transfer title and deliver to the State in the manner and to the extent directed by Procurement Officer: (a) any completed supplies; (b) such partially completed supplies and materials, parts, tools, dies, jigs, fixtures, plans, drawings, information, and contract rights (hereinafter called “manufacturing material”) as the contractor has specifically produced or specially acquired for the performance of the terminated part of this contract. Upon such termination, the contractor shall (a) stop work to the extent specified, (b) terminate any subcontracts as they relate to the terminated work, and (c) be paid the following amounts without duplication, subject to the other terms of this contract: (i) contract prices for supplies or services accepted under the contract, (ii) costs incurred in performing the terminated portion of the work, and (iii) any other reasonable costs that the contractor can demonstrate to the satisfaction of the State, using its standard record keeping system, have resulted from the termination. The contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided. As a condition of payment, contractor shall submit within three months of the effective date of the termination a claim specifying the amounts due because of the termination.

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The absence of an appropriate termination for convenience clause in any subcontract shall not increase the obligation of the State beyond what it would have been had the subcontract contained such a clause.

WAIVER OF CLAIMS FOR CONSEQUENTIAL DAMAGES (JAN 2006): (1) The contractor and state waive any and all claims, known or unknown, against each other for consequential damages arising out of or relating to this contract. This mutual waiver includes:(a) damages incurred by the state for loss of income, profit, financing, business and reputation, management or employee productivity or of the services of such persons; and(b) damages incurred by the contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the work.(2) This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination pursuant to a termination provision of this contract. Nothing contained in this paragraph shall be deemed to preclude an award of liquidated damages, when applicable, in accordance with the terms of this contract. This paragraph does not apply to any claim for equitable or contractual indemnification.

WARRANTY – ONE YEAR (Minimum) (JAN 2006): Contractor warrants all items and services acquired shall conform to all contractor’s representations, the requirements of this contract, and all published documentation.

YEAR 2000 WARRANTY (JAN 2006): Contractor represents and warrants that the equipment is designed to be used prior to, during, and after the calendar year 2000 A.D., and that the equipment will operate during each such time period without error relating to date data, specifically including any error relating to, or the product of, date data which represents or references different centuries or more than one century.

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RFQ.09.42.DC.Q

VIII. QUOTATION SCHEDULE

Qty UOM Description Total

1 LOT Provide necessary labor, tools, equipment and materials for tree removal, pruning, and fertilization in the Cistern Yard in accordance with specifications and drawing.

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IX. Attachments To Solicitation

IMPORTANT NOTICE

APPLIES TO NONRESIDENTS ONLY

BIDDER/OFFEROR: S.C. WITHHOLDING TAX AMENDMENTSCODE SECTION 12-9-310(A)(2)(3)

Effective July 1, 1994, Section 49, Appropriations Bill, Part II Amended The Above-Referenced Code Section To Eliminate Withholding From Payments To Nonresident Contractors And Rental Recipients If The Nonresident Is Registered Or Registers With The S.C. Department Of Revenue or The S.C. Secretary of State's Office. The Nonresident Must Provide An Affidavit To Whomever They Are Contracting With To That Effect.

The Affidavit Will Be Retained By The Entity Or Person Letting The Contract To The Nonresident. In The Absence of an Affidavit Being Provided, Withholding Will Be Required (Contracts--2%, Rental Or Royalty Recipients--7% For Corporations, Or 5% For Individuals And Partnerships).

The Filing Of The Affidavit Affirming Registration By The Nonresident Eliminates The Requirement To Withhold By Those Letting Contracts To Nonresident As Well As The Posting Of The Surety Bond By The Non Resident. Enclosed Is An Affidavit And Instructions To Be Used When Contracting With Nonresidents.

Forms To Register For All Taxes Administered By The South Carolina Department Of Revenue May Be Obtained By Calling The License And Registration Section At 803 898-5872 Or Writing The S.C. Department Of Revenue, Registration Unit, Columbia, S.C. 29214-0140.

Instructions - Nonresident Taxpayer Registration Affidavit

Requirements To Make Withholding Payments: Code Section 12-9-310 (A) (3) Requires Persons Hiring Or Contracting With A Nonresident Taxpayer To Withhold 2% Of Each Payment Made To The Nonresident Where The Payments Under The Contract Exceed $10,000.00 In Any One Calendar Year.

Code Section 12-9-310 (A)(2) Requires Persons Making Payment To A Nonresident Taxpayer Of Rentals Or Royalties At A Rate Of $1,200.00 Or More A Year For The Use Of Or For The Privilege Of Using Property In South Carolina To Withhold 7% Of The Total Of Each Payment Made To A Nonresident Taxpayer Who Is Not A Corporation And 5% If The Payment Is Made To A Corporation.

Purpose Of Affidavit: A Person Is Not Required To Withhold Taxes With Regard To Any Nonresident Taxpayer Who Submits An Affidavit Certifying That It Is Registered With The South Carolina Secretary Of State Or The South Carolina Department Of Revenue.

Term And Duration Of Affidavit: It Is Recommended That An Affidavit Be Obtained From A Nonresident Taxpayer For Each Separate Contract Or Agreement. Otherwise, The Affidavit Submitted By A Nonresident Tax Payer Shall Remain In Effect For A Period Of Three (3) Years, Or For A Lesser Time If The Person Earlier Receives Notice Of Revocation Of Exemption From Withholding From The S.C. Department Of Revenue.

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STATE OF SOUTH CAROLINA, DEPARTMENT OF REVENUE (I-312)THIS AFFIDAVIT APPLIES TO NONRESIDENTS ONLY

Nonresident Taxpayer Registration Affidavit, Income Tax Withholding

The Undersigned Nonresident Taxpayer On Oath, Being First Duly Sworn, Hereby Certifies As Follows:1. Owner, Partner(s) Or Corporate Name Of Nonresident Taxpayer:_________________________________________________________________________

2. Trade Name (Doing Business As):____________________________________________

3. Mailing Address:__________________________________________________________

_________________________________________________________________________

4. Federal Identification Number: ______________________________________________

5. _________Hiring Or Contracting With: Name: ________________________________________________________ Address: _______________________________________________________

__________Receiving Rentals Or Royalties From: Name: ________________________________________________________ Address: ______________________________________________________

6. I Certify That The Above Named Nonresident Taxpayer Is Currently Registered With: (Check Appropriate Box): ( ) The South Carolina Secretary Of State Or ( ) The South Carolina Department Of Revenue Date Of Registration__________________________________________________

7. I Understand That By This Registration, The Above Named Nonresident Taxpayer Has Agreed To Be Subject To The Jurisdiction Of The S.C. Department Of Revenue And The Courts Of South Carolina To Determine Its South Carolina Tax Liability, Including Estimated Taxes, Together With Any Related Interest And Penalties.

8. I Understand The South Carolina Department Of Revenue May Revoke The Withholding Exemption Granted Under Code Section 12-9-310 At Any Time It Determines That The Above Named Nonresident Taxpayer Is Not Cooperating With The Department In The Determination Of Its Correct South Carolina Tax Liability.

The Undersigned Understands That Any False Statement Contained Herein Could Be Punished By Fine, Imprisonment Or Both.________________________________________________________(Seal) ____________(Signature Of Owner, Partner Or Corporate Officer Date

If Corporate Officer State Title:______________________________________________________

______________________________________________________ (Name – Please Print)

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BIDDER'S CHECKLISTAVOID COMMON BIDDING MISTAKES

Review this checklist prior to submitting your bid.If you fail to follow this checklist, you risk having your bid rejected.

DO NOT INCLUDE ANY OF YOUR STANDARD CONTRACT FORMS!

UNLESS EXPRESSLY REQUIRED, DO NOT INCLUDE ANY ADDITIONAL BOILERPLATE CONTRACT CLAUSES.

REREAD YOUR ENTIRE BID TO MAKE SURE YOUR BID DOES NOT TAKE EXCEPTION TO ANY OF THE STATE'S MANDATORY REQUIREMENTS.

MAKE SURE YOU HAVE PROPERLY MARKED ALL PROTECTED, CONFIDENTIAL, OR TRADE SECRET INFORMATION IN ACCORDANCE WITH THE HEADING ENTITLED: FOIA BIDDING INSTRUCTIONS, SUBMITTING CONFIDENTIAL INFORMATION. DO NOT MARK YOUR ENTIRE BID AS CONFIDENTIAL, TRADE SECRET, OR PROTECTED! DO NOT INCLUDE A LEGEND ON THE COVER STATING THAT YOUR ENTIRE RESPONSE IS NOT TO BE RELEASED!

HAVE YOU PROPERLY ACKNOWLEDGED ALL AMENDMENTS? INSTRUCTIONS REGARDING HOW TO ACKNOWLEDGE AN AMENDMENT SHOULD APPEAR IN ALL AMENDMENTS ISSUED.

MAKE SURE YOUR BID INCLUDES A COPY OF THE SOLICITATION COVER PAGE. MAKE SURE THE COVER PAGE IS SIGNED BY A PERSON THAT IS AUTHORIZED TO CONTRACTUALLY BIND YOUR BUSINESS.

MAKE SURE YOUR BID INCLUDES THE NUMBER OF COPIES REQUESTED.

CHECK TO ENSURE YOUR BID INCLUDES EVERYTHING REQUESTED!

CHECK AGAIN TO ENSURE YOUR BID INCLUDES EVERYTHING REQUESTED!

IF YOU HAVE CONCERNS ABOUT THE SOLICITATION, DO NOT RAISE THOSE CONCERNS IN YOUR RESPONSE! AFTER OPENING, IT IS TOO LATE! IF THIS SOLICITATION INCLUDES A PRE-BID CONFERENCE OR A QUESTION & ANSWER PERIOD, RAISE YOUR QUESTIONS AS A PART OF THAT PROCESS! PLEASE SEE BIDDING INSTRUCTIONS AND ANY PROVISIONS REGARDING PRE-BID CONFERENCES.

This checklist is included only as a reminder to help bidders avoid common mistakes.Responsiveness will be evaluated against the solicitation, not against this checklist.

You do not need to return this checklist with your response.

“Attachment A”40

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