2025-10 RFB.pdf

CITY OF GREEN BAY

REQUEST FOR BID

RFB: #2025-10

Title: Weed Control Services

City Agency: Parks, Recreation & Forestry

Due Date: April 3, 2025 @ 2:00 PM (CDT)

CC: 94000, 98800

REQUEST FOR BID RFB #2025-10

Page i

Table of Contents

1 NOTICE TO BIDDERS

1.1 Summary

1.2 Important Dates

1.3 Format

1.4 Labeling

1.5 Delivery of Bids

1.6 Appendix A: Standard Terms & Conditions

1.7 Appendix B: Sample Contract for Purchase of Services

1.8 Multiple Bids

1.9 City of Green Bay Contact Information

1.10 Inquiries, Clarifications, and Exceptions

1.11 Addenda

1.12 Bid Distribution Networks

1.13 Oral Presentations/Site Visits/Meetings

1.14 Acceptance/Rejection of Bids

1.15 Withdrawal of Revision of Bids

1.16 Subcontracting or Third-Party Payments

1.17 Non-Restrictive Specifications and Vendor Alternates

1.18 Non-Material and Material Variances

1.19 Public Records

1.20 Contract Quantities

1.21 Usage Reports

1.22 Partial Award

1.23 Negotiate Contract Terms

1.24 Cooperative Purchasing

1.25 Tax Exempt

1.26 Appeals Process

1.27 Bidders Responsibility

2 DESCRIPTION OF SERVICES/COMMODITIES

2.1 Scope of Work

2.2 Quality/Type

2.3 Vendor Requirements

2.4 Insurance Requirements

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2.5 Term

2.6 Pricing

2.7 Estimated Quantities

2.8 Specifications

2.9 Maps & Park Directions

2.10 Water

2.11 Inspection of Conditions

2.12 Safety

2.13 Timing of Applications & Working Hours

2.14 Award

2.15 Warranty

2.16 Delivery

3 REQUIRED INFORMATION AND CONTENT FOR SUBMITTAL OF BIDS

3.1 FORM A – Signature Affidavit

3.2 FORM B – Submittal Checklist

3.3 FORM C – Vendor Profile Information

3.4 FORM D – References

3.5 FORM E – Bid Offer Form

1 NOTICE TO BIDDERS

1.1 Summary

The City of Green Bay Department of Public Works (“City”) is soliciting competitive sealed bids from qualified contractors to provide Weed Control Services (prevention or control of unwanted and invasive plants) and intends to use the results of this process to award a Contract. Contractors submitting bids (“Bidders”) are required to read this Request for Bid (“RFB”) in its entirety and follow the instructions contained herein.

1.2 Important Dates

Deliver bids no later than the due date and time indicated below. The City will reject all late bids:

Event Date RFB Issue Date ............................................. 03/20/2025 Pre-Bid/Site Inspection Date ......................... n/a Questions Due Date ..................................... 03/27/2025 Addendum Posted Date ................................ 03/28/2025 RFB Due Date .............................................. April 03, 2025 @ 2:00 PM (CDT)

1.3 Format

The City will NOT consider illegible bids.

Elaborate bids (i.e., expensive artwork) beyond that sufficient to present a complete and effective bid, are not necessary or desired.

Complete and return Forms A through E to the City of Green Bay Purchasing Department with your submittal by April 3, 2025 by 2:00 PM CDT.

1.4 Labeling

All bids must be clearly labeled accordingly:

Bidder’s Name and Address

RFB: #2025-10

Title: Weed Control Services Due: April 03, 2025 @ 2:00 PM CT

1.5 Delivery of Bids

1. For delivery of hard copies, send via sealed envelope by U.S. Mail, Common Carrier, or In- Person.

City of Green Bay Purchasing Department 100 North Jefferson St. Room – 410 Green Bay, WI 54301

2. For delivery of electronic copies, post via eBidding platform on DemandStar (See Section 1.12) or on a commonly used media with hard copies.

3. Emailed bids WILL BE considered. Email completed bid documents to:

PurchasingAg@greenbaywi.gov. All email correspondence must include RFB #2025-10 in the subject line. Email must arrive in the City’s corresponding inbox by the bid due date and time, no exceptions will be made.

4. Faxed bids will not be considered.

Bids must be delivered as instructed. Deliveries to other City departments and/or locations may result in disqualification.

NOTE: When mailing your response via third-party delivery service, the outside of the package MUST be clearly marked with the RFB Number and Title. This ensures that the bid can be delivered to the correct purchasing agent without having to open the bid.

1.6 Appendix A: Standard Terms & Conditions

Bidders are responsible for reviewing Appendix A, the Standard Terms and Conditions, prior to submission of their bids. City of Green Bay Standard Terms and Conditions are the minimum requirements for the submission of bids.

1.7 Appendix B: Sample Contract for Purchase of Services

Bidders are responsible for reviewing Appendix B, Sample Contract, prior to submission of their bids. The Sample Contract for Purchase of Services shall serve as the basis of the contract resulting from this RFB. The terms of this template contract shall become contractual obligations following an award of the RFB. By submitting a bid, Bidders affirm their willingness to enter into a contract containing these terms.

The City of Green Bay utilizes a web based electronic signature program (DocuSign) for the execution of contracts that do not require notarization. By submitting your bid, you are agreeing to the use of this program to sign documents should you receive an award. There is no cost to the Bidder associated with this process.

1.8 Multiple Bids

Multiple bids from Bidders are permitted; however, each must fully conform to the requirements for submission. Bidders must sequentially label (e.g., Bid #1, Bid #2) and separately package each bid.

Bidders may submit alternate pricing schemes without having to submit multiple bids.

1.9 City of Green Bay Contact Information

The City of Green Bay Purchasing Department administers the procurement function:

Troy Van Handel City of Green Bay Purchasing Department 100 North Jefferson St. Room – 410 Green Bay, WI 54301

PH: (920) 448-3049

PurchasingAg@greenbaywi.gov

Contacting City staff outside the Purchasing Department regarding this RFB without written consent from the Purchasing Department may result in your bid being rejected.

mailto:PurchasingAg@greenbaywi.gov mailto:PurchasingAg@greenbaywi.gov

1.10 Inquiries, Clarifications, and Exceptions

Bidders are to raise any questions they have about the RFB document without delay. Direct all questions, in writing, to the Purchasing Department administrator listed in Section 1.9.

Bidders finding any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFB document shall immediately notify the Buyer and request clarification. In the event that it is necessary to provide additional clarification or revision to the RFB, the City will post addenda – See Section 1.11 below. Bidders are strongly encouraged to check for addenda regularly.

Bidders should be as responsive as possible to the provisions stated herein. A prospective Vendor may take “exception” to bid terms, conditions, specifications, and dates stated within the bid package. However, the City of Green Bay reserves the right to disqualify any and all bids submitted which include exceptions, if deemed not in the City’s best interests.

1.11 Addenda

In the event that it is necessary to provide additional clarification or revision to the RFB, the City will post addenda to its bids distribution websites – See Section 1.12 below. It is the Bidders responsibility to regularly monitor the websites for any such postings. Bidders must acknowledge the receipt of any addenda on Form B. Failure to retrieve addenda and include their provisions may result in disqualification.

1.12 Bid Distribution Networks

The City of Green Bay posts all Request for Bids, addenda, tabulations, awards, and related announcements on two distribution networks – VendorNet and DemandStar. The aforementioned documents are available exclusively from these websites. It is the Bidders responsibility to regularly monitor the bid distribution network for any such postings. Bidders failure to retrieve such addenda and incorporate their appropriate provisions in their response may result in disqualification. Both sites offer free registration to City Bidders.

State of Wisconsin VendorNet System: http://vendornet.state.wi.us/vendornet

State of Wisconsin and local agencies bid network. Registration is free.

DemandStar: www.demandstar.com

National Bid Network – Free subscription is available to access bids from the City of Green Bay and other Wisconsin agencies, participating in the Wisconsin Association For Public Procurement. A fee is required if subscribing to multiple agencies that are not included in

(WAPP).

1.13 Oral Presentations/Site Visits/Meetings

Bidders may be asked to attend meetings, make oral presentations, inspect City locations or make their facilities available for a site inspection as part of this RFB process. Such presentations, meetings or site visits will be at the Bidders expense.

http://vendornet.state.wi.us/vendornet http://www.demandstar.com/

1.14 Acceptance/Rejection of Bids

The City reserves the right to accept or reject any or all bids submitted, in whole or in part, and to waive any informalities or technicalities, which at the City's discretion is determined to be in the best interests of the City. Further, the City makes no representations that a contract will be awarded to any Bidder responding to this request. The City expressly reserves the right to reject any and all bids responding to this invitation without indicating any reasons for such rejection(s).

The City reserves the right to postpone due dates and openings for its own convenience and to withdraw this solicitation at any time without prior notice.

1.15 Withdrawal of Revision of Bids

Bidders may, without prejudice, withdraw bids submitted prior to the date and time specified for receipt of bids by requesting such withdrawal before the due time and date of the submission of bids. After the due date of submission of bids, no bids may be withdrawn for a period of 90 days or as otherwise specified or provided by law. Bidders may modify their bids at any time prior to opening of bids.

1.16 Subcontracting or Third-Party Payments

All subcontracting shall be pre-approved upon award by the City before any work begins.

Subcontractors must abide by all terms and conditions of the bid. The prime contractor shall be responsible for all subcontractor(s) work and payment.

1.17 Non-Restrictive Specifications and Vendor Alternates

Specifications are intended to define the general level of quality and performance of this purchase and not to restrict competition. Vendors may offer one or more alternatives with lesser or greater features; however, the City reserves the right to make its selection based on the best interest of the City. Vendors offering alternates shall submit, with their quote, an itemized comparison with this specification, documenting equivalence for quality, performance, etc. Failure to identify exceptions or deviations in this manner may be a basis to declare the quote as non-responsive. If in your opinion, any of the specifications, terms and conditions of this RFB prevents you from offering a quote, consideration will be given to a Vendor’s request for change.

1.18 Non-Material and Material Variances

The City reserves the right to waive or permit cure of nonmaterial variances in the offer if, in the judgment of the City, it is in the City’s best interest to do so. The determination of materiality is in the sole discretion of the City.

1.19 Public Records

Bidders are hereby notified that all information submitted in response to this RFB may be made available for public inspection according to the Public Records Law of the State of Wisconsin or other applicable public record laws. Information qualifying as a “trade secret” – defined in State of Wisconsin Statutes – may be held confidential.

Bidders shall seal separately and clearly identify all information they deem to be “trade secrets,” as defined in the State of Wisconsin Statutes. Do not duplicate or co-mingle information, deemed confidential and sealed, elsewhere in your response.

S. 19.36(5)

(5) TRADE SECRETS. An authority may withhold access to any record or portion of a record containing information qualifying as a trade secret as defined in s. 134.90(1)(c).

s. 134.90(1)(c)

(c) “Trade secret” means information, including a formula, pattern, compilation, program, device, method, technique or process to which all of the following apply:

1. The information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use.

2. The information is the subject of efforts to maintain its secrecy that are reasonable under the circumstances.

The City cannot ensure that information will not be subject to release if a request is made under applicable public records laws. The City cannot consider the following confidential: a bid in its entirety, price bid information, or the entire contents of any resulting contract. The City will not provide advance notice to Bidders prior to release of any requested record.

To the extent permitted by such laws, it is the intention of the City to withhold the contents of bids from public view – until such times as competitive or bargaining reasons no longer require non-disclosure, in the City’s opinion. At that time, all bids will be available for review in accordance with such laws.

1.20 Contract Quantities

The estimated annual quantities identified within this RFB are for bid purposes only and are based on historical data. The City does not guarantee to purchase any specific quantity or dollar amount.

Bids that state the City must guarantee a specific quantity or dollar amount may be disqualified.

1.21 Usage Reports

Annually, the successful Bidders shall furnish to City Purchasing usage reports summarizing the ordering history for each department served during the previous contract year. The report, at a minimum, must include each and every item or service ordered during the period, its total quantities and dollars by item/service and in total. The City reserves the right to request usage reports at any time and request additional information, if required, when reviewing contract activity.

1.22 Partial Award

Unless otherwise noted, it will be assumed that Bidders will accept an order for all or part of the items/services priced.

1.23 Negotiate Contract Terms

The City reserves the right to negotiate the terms of the contract, including the award amount, with the selected Bidder prior to entering into a contract. If contract negotiations cannot be concluded successfully with the highest scoring Bidder, the City may negotiate a contract with the next highest scoring Bidder.

1.24 Cooperative Purchasing

Bidders may choose to extend prices offered on bids to other municipalities. Under Wisconsin Statutes, a municipality is defined as a county; city; village; town; school district; board of school directors; sewer district; drainage district; vocational, technical and adult education district; or any other public or quasi-public corporation, officer, board or other body having the authority to award public contracts. This is known as “cooperative” or “piggyback” purchasing, a practice common amongst units of government. The City is not responsible for any contract resulting from a cooperative purchase using this RFB as a basis; they are made solely between the Bidders and third-party unit of government.

1.25 Tax Exempt

The City of Green Bay as a municipality is exempt from payment of federal excise taxes and State of Wisconsin taxes per Wisconsin statute 77.54(9a). Federal Tax ID #39-6005458. A completed Wisconsin Department of Revenue Form S-211 (R.2-00) can be requested through the Purchasing Department. Our tax-exempt number is ES 047920.

1.26 Appeals Process

Notices of intent to protest and protests must be made in writing. Protestors should make their protests as specific as possible and should identify Wisconsin Statutes or City of Green Bay ordinance provisions that are alleged to have been violated.

The written notice of protest must be filed with the Procurement Manager, Green Bay, WI, 100 North Jefferson St. Room 410, Green Bay, WI 54301, and received no later than 72 business hours after the Intent To award Notice is issued.

1.27 Bidders Responsibility

Bidders shall examine this RFB and shall exercise their judgment as to the nature and scope of the work required. No plea of ignorance concerning conditions or difficulties that exist or may hereafter arise in the execution of the work under the resulting contract, as a consequence of failure to make necessary examinations and investigations, shall be accepted as an excuse for any failure or omission on the part of the Bidders to fulfill the requirements of the resulting contract.

2 DESCRIPTION OF SERVICES/COMMODITIES

2.1 Scope of Work

The City of Green Bay (“City”) is seeking soliciting competitive sealed bids from qualified contractors for all labor, materials, and equipment necessary for vegetation control, pre & post emergent weed control, herbicide applications, and total kill at various listed areas as per below for a one (1) year contract for calendar season 2025 with the option of four (4) one-year renewals for 2026, 2027, 2028 & 2029 upon mutual agreement by both parties.

2.2 Quality/Type

All labor, materials, and equipment necessary to completely and satisfactorily complete the weed control program as stated in the specifications listed below.

2.3 Vendor Requirements

Bidder must be an original manufacturer, distributor, or dealer authorized by manufacturer with service and repair capabilities for the product.

Bidder must be in the business of Weed Control Services for the past five (5) years.

Bidder to be able to comply with the requirements of the City’s work, taking into consideration all existing business commitments.

Bidder must supply references of three (3) firms to which similar products/service(s) have been provided during the past five (5) to a comparable-sized institution or company. If contacted, all of those references must verify that a high level of satisfaction was provided. Use Form E to list references.

Bidder to be otherwise qualified, licensed and eligible to receive the contract award under applicable laws and regulations.

2.4 Insurance Requirements

For Insurance requirements refer to Appendix A: Standard Terms and Conditions (Section 28).

All insurance companies providing the required insurance shall be authorized to transact business in the State of Wisconsin, with a minimum AM Best Rating of A+ and signed by an authorized agent.

A Certificate of Insurance evidencing the required insurance shall be submitted after award. If the contract is renewed or extended by the City, a certificate of insurance shall also be provided to the City prior to the date the contract is renewed or extended.

2.5 Term

The initial term of the contract shall be for a one (1)-year period starting April 1, 2025 through December 31, 2025. Upon mutual agreement, the City and Vendor may renew this agreement for four (4) additional one-year time periods for calendar year 2026, 2027, 2028 and 2029. A minimum of thirty (30) days’ notice must be given to renew the contract for additional increments. The City of Green Bay reserves the right to cancel any resulting agreement at any time (with 30 days’ notice.)

Any resulting purchase agreement, based on this RFB, shall become the contractual agreement for the required services. Each section contained herein, any addenda and the response from the successful contractor shall also be incorporated by reference into the resulting agreement. The authorization for the contract to begin will be upon City Council approval of the award, assuming any insurance and bonding requirements have been met. Similar services may be added and pricing for these services negotiated during the term of the contract.

2.6 Pricing

The pricing will be firm during the initial one-year term of the contract. VENDOR WILL BE PAID FLAT RATES ONLY - NO ADDITIONAL CHARGES PAID unless pre-approved by an authorized City employee, otherwise rates will include all labor and materials.

If it is mutually decided to renew beyond the initial period and the Contractor requests a price increase, the Contractor shall provide sufficient written certification and documentation to substantiate the request. Documentation shall include, but not be limited to; actual materials invoices, copies of commercial price lists, provision of appropriate indices, etc. which reflect said increases. The City reserves the right to accept or reject such price increases, to negotiate more favorable terms or to allow the agreement to terminate without additional cost.

2.7 Estimated Quantities

The City does not guarantee that the quantities estimated will be accurate for the upcoming contract period. However, the estimates are as accurate as we are able to determine. Actual quantities, whether lesser or greater than estimated, will not affect the prices as offered and accepted for the term of the contracts.

2.8 Specifications

Contractor to indicate labor costs, chemical costs and total cost of labor & chemicals required for each of the following projects (1 – 7) listed on Form E – Bid Offer Form.

NOTE: *Contractor to provide written assurance that weed killer application will not rust or corrode galvanized fence posts or fencing or damage foundation surfaces.

All applications shall be applied in strict accord with Federal and State environmental standards and if necessary, shall provide resident occupants with appropriate warning notices.

2.9 Maps & Park Directions

The City has included in the RFB the following .pdf files:

RFB #2025-10 Map 1.pdf RFB #2025-10 Map 2.pdf RFB #2025-10 Map 3.pdf RFB #2025-10 Park Directions.pdf

2.10 Water

Water is available at no charge to the selected Contractor. Water is located at Park Shop or at designated fire hydrant. A key will be given to the selected Contractor (if necessary). Selected Contractor to record number of gallons of water usage and report that usage back to the Park, Recreation and Forestry (PRF) staff.

2.11 Inspection of Conditions

Before submitting their quotation, the contractors to have visited the site or obtained all information pertaining to the site to satisfy themselves as to the existing conditions and secure all pertinent information that will in any manner affect the performance and cost of the work under this specification.

2.12 Safety

The contractor’s work shall be in such manner as not to create a hazard to vehicles or persons in the vicinity of the work being performed.

2.13 Timing of Applications & Working Hours

Selected Contractor to work with the City’s PRF staff to establish working hours as working days and times are variable. Coordination of this must comply with departmental activities and site needs. Selected Vendor to schedule these locations with our Park Superintendent prior to application dates & times. Examples: The roundabouts are typically done in the early morning hours before traffic becomes too busy; Ball diamond and soccer field schedule coordination is important due to many tournaments at these locations, etc.

2.14 Award

The Bid Award(s) shall be made based on the lowest cost, responsive, responsible Bidder. Costs Bid shall be in US dollars unless otherwise indicated. Bids that require a specific quantity or dollar amount shall be disqualified. In the event of Bidder error in calculation, unit cost shall prevail in award.

The City intends to award to ONE Bidder, which is judged to be in the best interest of the City. The City is the sole determinant of its best interests.

Award(s) shall be based on LOW-COST FACTOR.

2.15 Warranty

Results must be guaranteed.

2.16 Delivery

Bids shall be F.O.B. delivered and shall include all delivery and packaging costs. The City assumes no liability for goods delivered in damaged or unacceptable condition. Deliveries will be acceptable only during normal working hours at the designated facility.

3 REQUIRED INFORMATION AND CONTENT FOR SUBMITTAL OF BIDS

3.1 FORM A – Signature Affidavit

3.2 FORM B – Submittal Checklist

3.3 FORM C – Vendor Profile Information

3.4 FORM D – References

3.5 FORM E – Bid Offer Form

FORM A – SIGNATURE AFFIDAVIT

RFB #2025-10 Weed Control Services

This form must be returned with your response.

In signing Bids/Proposals, we certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise take any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit Bids/Proposals, that Bids/Proposals have been independently arrived at, without collusion with any other Bidders, competitor or potential competitor; that Bids/Proposals have not been knowingly disclosed prior to the opening of Bids/Proposals to any other Bidders/Proposers or competitor; that the above statement is accurate under penalty of perjury.

The undersigned, submitting this Bid/Proposal, hereby agrees with all the terms, conditions, and specifications required by the City in this Request for Bids/Proposals, declares that the attached Bids/Proposals and pricing are in conformity therewith, and attests to the truthfulness of all submissions in response to this solicitation.

Bidders/Proposers shall provide the information requested below. Include the legal name of the Bidders/Proposers and signature of the person(s) legally authorized to bind the Bidders/Proposers to a contract.

Has your company ever been debarred? No Yes (if yes, please explain)

COMPANY NAME

PRINT NAME DATE

SIGNATURE

FORM B – SUBMITTAL CHECKLIST

This form must be returned with your response.

Bidders hereby acknowledge the receipt and/or submittal of the following forms:

Forms Initial to

Acknowledge

SUBMITTAL

Initial to Acknowledge

RECEIPT

Description of Services/Commodities N/A

Form A: Signature Affidavit N/A

Form B: Receipt of Forms and Submittal Checklist N/A

Form C: Vendor Profile N/A

Form D: Bid Offer Form N/A

Form E: References N/A

Statement of Qualifications (SOQ) if necessary

Appendix A: Standard Terms & Conditions N/A

Appendix B: Contract for Purchase of Services N/A

Addendum #

Addendum #

Addendum #

Addendum #

COMPANY NAME

FORM C – VENDOR PROFILE INFORMATION

This form must be returned with your response.

COMPANY INFORMATION

COMPANY NAME (Make sure to use your complete, legal company name.)

FEIN

(If FEIN is not applicable, SSN collected upon award)

CONTACT NAME TITLE

TELEPHONE NUMBER FAX NUMBER

EMAIL

ADDRESS CITY STATE ZIP

ORDERS/BILLING CONTACT

ADDRESS WHERE CITY PURCHASE ORDERS/CONTRACTS ARE TO BE MAILED AND PERSON THE

DEPARTMENT CONTACTS CONCERNING ORDERS AND BILLING.

CONTACT NAME TITLE

TELEPHONE NUMBER FAX NUMBER

EMAIL

ADDRESS CITY STATE ZIP

PROCUREMENT CARD (P-CARD)

STATE IF COMPANY ACCEPTS PAYMENT BY CREDIT CARD:

The City does not pay service charges. YES or NO

The City of Green Bay has implemented a Procurement Card (P-Card) Program. Bidders must have the capability to accept credit cards for payments or must be willing to take the necessary steps in order to accept credit card payments by the City prior to the implementation of this agreement as the City may opt to use the P-Card as its method of payment.

While acceptance of credit cards for payments may be mandatory, this shall not be the City’s exclusive method of payment. Bidders shall not charge a surcharge, convenience fee or any other fees associated with the acceptance of payment by the City’s P-Card.

FORM D – REFERENCES

This form must be returned with your response.

REFERENCE #1 – CLIENT INFORMATION

COMPANY NAME CONTACT NAME

ADDRESS CITY STATE ZIP

TELEPHONE NUMBER FAX NUMBER

EMAIL

CONTRACT PERIOD YEAR COMPLETED TOTAL COST

DESCRIPTION OF THE PERFORMED WORK

REFERENCE #2 – CLIENT INFORMATION

COMPANY NAME CONTACT NAME

ADDRESS CITY STATE ZIP

TELEPHONE NUMBER FAX NUMBER

EMAIL

REFERENCE #3 – CLIENT INFORMATION

COMPANY NAME CONTACT NAME

ADDRESS CITY STATE ZIP

TELEPHONE NUMBER FAX NUMBER

EMAIL

FORM E – BID OFFER FORM

This form must be returned with your response.

Fixed Fee – All prices, rates, fees and conditions outlined in the bid shall remain fixed and valid for the entire length of the contract and as negotiated for any/all renewals. Any renewal pricing increases or additions must be agreed upon in writing by both parties.

Vendor to indicate labor costs, chemical costs and total cost of labor & chemicals required for each of the following projects (1 – 7). After award, the Parks, Recreation & Forestry Department will meet with the Contractor to review areas and go over specifics.

Vendors to indicate any exceptions to the chemicals listed in our specifications.

1. VEGETATION CONTROL (APRIL/MAY) – 10 ACRES

Areas include park boundaries, tree rings, fence lines around baseball, softball, little league fields, dugouts, batting cages, ice rinks, and horseshoe courts at all City parks (approximately 60 locations).

INDICATE LABOR COSTS INDICATE CHEMICAL COSTS TOTAL COST

2. PRE-EMERGENT OF MULCH BEDS W/ SOLID BEDS OF SHRUBS (APRIL) – 24 ACRES

Areas include roundabouts (one (1) located on Velp/Atkinson – 2916 sq. ft. and three (3) located on Mason St. near Taylor St. & North/South US 41 and surrounding beds – 44,132 sq. ft. Beds at Bay Beach, Leicht’s Park, Boat Launch, water parks - Joannes & Resch Pools, I-43 Industrial Park entrance and pocket parks such as Keuler Place, Badger Park, and Murphy Park and Beds at Park & Rec Shop that are sprayed over the top early – pre-emergent.

3. MULCH BEDS W/ TREE RINGS & BIG TREE BEDS W/ INDIVIDUAL SHRUBS (APRIL/MAY TIMEFRAME

PER LETTERS A-E BELOW) – 60 ACRES

A. PRE & POST EMERGENT WEED & GRASS CONTROL PERENNIAL & ANNUALS AT LAKE LARGO

FRONTAGE (MAY) Note: 2nd application may be needed mid-September for Canadian Thistle.

B. PRE & POST EMERGENT WEED CONTROL AT BAY BEACH, JOANNES AQUATIC CENTER, KEULER PLACE

BADGER PARK & MURPHY PARK (MAY)

C. PRE & POST EMERGENT WEED CONTROL AT VETERANS PARK/NEVILLE MUSEUM (MAY)

Note: Berm between access road and railroad tracks.

D. PRE & POST EMERGENT WEED CONTROL AT FORESTRY DEPT. BEDS & TREE RINGS (MAY)

Note: Located at the corner of Shawano Ave and Taylor St. – 25,286 sq. ft.

E. PRE & POST EMERGENT WEED CONTROL AT INDUSTRIAL PARK (I43 & MASON ST.) (MAY)

4. VEGETATION CONTROL FOR ALL SIDEWALK, WALKWAYS, PARKING LOT SEAMS, CURBS & FROST

CRACKS IN ASPHALT (APRIL) – 19 ACRES

Areas include all curbs, sidewalk seams at all parks being done at the following locations: Bay Beach asphalt cracks in parking lots, curbs, foundations and under rides and fence poles; boat launch & brick walks; Veteran’s Parkway bricks and concrete seams; Leicht Park sidewalks, stage and curb bumpers;

Admiral Flatley Parkway walkway bricks; Fox River Parkway walkway bricks; Dump station & waterparks.

5. TOTAL KILL (SEASON LONG) – 5 ACRES

Areas of vegetation control include the Park Shop (919 Crocker Street) storage yard (except where trees line); Bay Beach Zippin Pippin Roller Coaster – under & around in drain field stone and crushed gravel (not in crushed asphalt area) and at Leicht Parkway (gravel between parking lot & railroad tracks)

6. HERBICIDE APPLICATION – 180 ACRES

Vendor to provide herbicide application to berm at Bay Beach lawns except low area toward Wildlife Sanctuary, Leicht’s Park and all Park athletic fields (30 soccer fields & 30 ball diamonds and smooth surrounds) & other park areas including but not limited to a 20’ perimeter around the fields and dugouts.

NOTE: (3 PHASES THROUGHOUT SPRING/SUMMER/FALL – TO BE COMPLETED BY NOVEMBER 1ST OF EACH YEAR). Not all fields are closed for the season until November and cannot all be done at the same time. Some ball parks & lawns have Creeping Charlie and will need an ester formulation. The rest are just a three-way product.

7. BROADLEAD WEED CONTROL APPLICATION ON BOULEVARD FROM MASON ST. TO MAIN ST. TO I-

43 (SEPT/OCT) – 3 ACRES

8. INDICATE IF THE PRICES QUOTED WILL REMAIN THE SAME:

FOR THE 1ST RENEWAL OPTION (CALENDAR YEAR 2026) YES:__________ NO:__________

If you checked “NO” indicate the maximum percentage increase/decrease for the additional one-year renewal options: __________%

FOR THE 2ND RENEWAL OPTION (CALENDAR YEAR 2027) YES:__________ NO:__________

If you checked “NO” indicate the maximum percentage increase/decrease for the additional one-year renewal options: __________%

FOR THE 3RD RENEWAL OPTION (CALENDAR YEAR 2028) YES:__________ NO:__________

If you checked “NO” indicate the maximum percentage increase/decrease for the additional one-year renewal options: __________%

FOR THE 4TH RENEWAL OPTION (CALENDAR YEAR 2029) YES:__________ NO:__________

If you checked “NO” indicate the maximum percentage increase/decrease for the additional one-year renewal options: __________%

COMPANY NAME (Make sure to use your complete, legal company name.)

ADDRESS CITY STATE ZIP

LEAD TIME (Upon receipt of order)

PAYMENT TERMS (Net 30) Yes No Other EARLY PAYMENT DISCOUNT (Special Terms)

Appendix A City of Green Bay

Solicitations Standard Terms and Conditions

(STC-Form: 3/5/2020).

1. General. Throughout this document, "City of Green Bay," "City" and "Purchasing" shall be synonymous and mean the City of Green Bay. The words "bid" and "proposal" are synonymous, as are the words "bidder," "proposer," “vendor,” and "contractor."

The phrases "request for proposal," "request for bids," “request for quotes,” “quote,” "request," "invitation," and "solicitation" shall also be synonymous. As applied to the winning or selected bidder, the words "bid," "proposal," and "contract" are synonymous.

2. Entire Agreement, Order of Precedence. These standard terms and conditions shall apply to any Purchase Order issued as a result of this Request for Bid/Proposal, except where expressly stated otherwise in the RFB/RFP or in a written instrument covering this purchase signed by an authorized representative of the City and the Contractor, in a form approved by the City Attorney (a “Separate Contract”). If such a separate contract is executed it shall along with these Standard Terms and Condit ions, the City’s request for proposals/bids, the version of the vendor’s response/bid that was accepted by the City, and the City’s Purchase Order (if any) shall constitute the entire agreement (“Contract”) and no other terms and conditions, whether oral or written, shall be effective or binding unless expressly agreed to in writing by the City.

If a separate contract is not executed, these Standard Terms and Conditions, the City’s request for proposals/bids, the version of the vendor’s response/bid that was accepted by the City, and the City’s Purchase Order (if any) shall constitute a contract and will be the entire agreement.

3. Bid Selection. This invitation for bids does not commit the City to award a contract, pay any costs incurred in preparation of bids, or to procure or contract for services or equipment. The City may require the bidder to participate in negotiation and to submit such additional price or technical or other revisions to his or her bids as may result from negotiation. The bidder shall be responsible for all costs incurred as part of his or her participation in the pre-award process.

The City reserves the right to accept or reject any or all bids submitted, in whole or in part, and to waive any informalities or technicalities which at the City’s discretion are determined to be in the best interests of the City. Further, the City makes no representations that a contract will be awarded to any offeror responding to this request. The City expressly reserves the right to reject any and all bids responding to this invitation without indicating any reasons for such rejections(s).

The City reserves the right to postpone due dates and openings for its own convenience and to withdraw this solicitation at any time without prior notice.

4. Addenda. Changes affecting the specifications will be made by addenda. Changes may include, or result in, a postponement in the bid due date. Bidders are required to complete the Bidder Response Sheet, acknowledging receipt of all parts of the bid, including all addenda.

5. Price Proposal. All bidders are required to identify the proposed manufacturer and model, and to indicate the proposed delivery time on the attached Proposal Form. Failure to do so may cause the bid to be considered not responsive. If desired, the bidder may include product literature and specifications. The price quoted will remain firm throughout each contract period. Any price increase proposed shall be submitted sixty (60) calendar days prior to subsequent contract periods and shall be limited to fully documented cost increases to the bidder which are demonstrated to be industry-wide.

6. Price Inclusion. The price quoted in any bid shall include all items of labor, materials, tools, equipment, and other costs necessary to fully complete the furnishing and delivery of equipment or services pursuant to the specifications attached thereof. Any i tems omitted from the specifications which are clearly necessary for the completion of the project shall be considered a portion of the specifications although not directly specified or called for in these specifications.

7. Pricing and Discount.

a. Unit prices shown on the bid/proposal or contract shall be the price per unit of sale (e.g., gal., cs., doz., ea., etc.) as stated on the bid/proposal or contract. For any given item, the quantity multiplied by the unit price shall establish the extended price.

If an apparent mistake exists in the extended price, the unit price shall govern in the bid/proposal evaluation and contract administration.

b. In determination of award, discounts for early payment will only be considered when all other conditions are equal. Early payment is defined as payment within fifteen (15) days providing the discount terms are deemed favorable. All payment terms must allow the option of Net 30.

8. F.O.B. Destination Freight Prepaid. Bid prices must include all handling, transportation and insurance charges. Failure to bid FOB Destination Freight Prepaid may disqualify your bid.

9. Award.

a. The City will have sole discretion as to the methodology used in making the award. Where none is specified, the award will be made to the lowest responsible bidder in compliance with the specifications and requirements of this solicitation.

b. The right is reserved to make a separate award of each item, group of items or all items, and to make an award in whole or in part, whichever is deemed in the best interest of the City.

10. Responsiveness and Responsibility. Award will be made to the responsible and responsive bidder whose bid is most advantageous to the City with price and other factors considered. For the purposes of this project, responsiveness is defined as the bidder’s conformance to the requirements of the solicitation. Being not responsive includes the failure to furnish information requested.

Responsibility is defined as the bidder’s potential ability to perform successfully under the terms of the proposed Contract. Briefly, a responsible bidder has adequate financial resources or the ability to obtain said resources; can comply with required delivery taking into account other business commitments; has a satisfactory performance record; has a satisfactory record of integrity and business ethics; and has the necessary organization, experience and technical skills.

The City reserves the right to refuse to accept any bid from any person, firm or corporation that is in arrears or is in default to the City or has failed to perform faithfully any previous contract with the City. If requested, the bidder must present with in five (5) working days evidence satisfactory to the City of performance ability and possession of necessary facilities, financial resources, adequate insurance, and any other resources required to determine the bidder’s ability to comply with the terms of this solicitation document.

11. Cancellation/Termination.

a. The City reserves the right to cancel any contract in whole or in part without penalty due to non-appropriation of funds.

b. The City may terminate this Contract for any reason, including convenience upon prior written notification to Bidder.

Termination for convenience by City will entitle Bidder to payment for only those goods or services delivered, received and accepted and not subsequently rejected by the City.

c. In the event the Bidder shall default in any of the covenants, agreements, commitments, or conditions and any such default shall continue un-remedied for a period of ten (10) days after written notice to the Bidder, the City may, at its option and in addition to all other rights and remedies which it may have, terminate the Contract and all rights of the Bidder under the Contract.

d. Failure to maintain the required certificates of insurance, permits, licenses and bonds will be cause for Contract termination. If the Bidder fails to maintain and keep in force the insurance, if required, the City shall have the right to cancel or terminate the Contract without notice.

12. Specifications.

a. All bidders must be in compliance with all specifications and any drawings provided with this solicitation. Exceptions taken to these specifications must be noted on your bid.

b. When specific manufacturer and model numbers are used, they are to establish a design, type, construction, quality, functional capability and/or performance level desired. When alternates are bid/proposed, they must be identified by manufacturer, stock number, and the bidder/proposer is responsible for providing sufficient information to establish equivalency. The City shall be the sole judge of equivalency. Bidders are cautioned to avoid bidding alternates which do not meet specifications, which may result in rejection of their bid/proposal.

13. Regulatory Compliance.

a. Seller represents and warrants that the goods or services furnished hereunder, including all labels, packages, and container for said goods, comply with all applicable standards, rules and regulations in effect under the requirements of all Federal, State and local laws, rules and regulations as applicable, including the Occupational Safety and Health Act (OSHA), as amended, with respect to design, manufacture or use for their intended purpose of said goods or services. Seller shall furnish Material Safety Data Sheets (MSDS) whenever applicable.

b. If it is determined by the City that such standards are not met, the seller agrees to bear all costs required to meet the minimum standards as stated above for the equipment/products furnished under this contract.

14. Warranty. Unless otherwise specifically stated by the bidder, products shall be warranted against defects by the bidder for one

(1) year from the date of receipt. If bidder or manufacturer offers warranty that exceeds one year, such warranty shall prevail.

15. Ownership of Printing Materials. All artwork, camera-ready copy, negative, dies, photos and similar materials used to produce a printing job shall become the property of the City. Any furnished materials shall remain the property of the City. Failure to meet this requirement will disqualify your bid.

16. Nonexclusive Contract. Unless otherwise stated, the City reserves the right to purchase work or materials outside of this Contract.

17. Item Return Policy. Bidder will be required to accept return of products ordered in error for up to thirty (30) calendar days from date of receipt, with the City paying only the return shipping costs. Indicate in detail on the Bidder Response Sheet, your return policy.

18. Payment Terms and Invoicing. The City will pay properly submitted vendor invoices within thirty (30) days of receipt, providing good and/or services have been delivered, installed (if required), and accepted as specified.

a. Payment shall be considered timely if the payment is mailed, delivered, or transferred within thirty (30) days after receipt of a properly completed invoice, unless the vendor is notified in writing by the agency of a dispute before payment is due.

b. Invoices presented for payment must be submitted in accordance with instructions contained on the purchase order, including reference to purchase order and submittal to the correct address for processing. Invoice payment processing address is shown on the purchase order. Send invoices to Bill To address on the purchase order. Do not send invoices to ship to address.

c. Bidders, proposers shall include discounts for early payment as a percent reduction of invoice. Invoice discounts shall be determined where applicable, from the date of acceptance of goods and/or the receipt of invoice, whichever is later.

Discounts for early payment terms stated on the bid/proposal must be shown plainly on the invoice; discounts for early payment not shown on the invoice will be taken.

d. Invoices submitted not in accordance with these instructions will be removed from the payment process and returned within ten (10) days.

e. Invoices submitted more than 60 days after the last day of service or after delivery shall not be paid and will be returned to the Vendor.

19. F.O.B. Destination Freight Prepaid. Unless otherwise agreed in writing, the vendor shall bear all handling, transportation, and insurance charges. Title of goods shall pass upon acceptance of goods at the City’s dock.

20. Tax Exemption. The City of Green Bay is exempt from the payment of Federal Excise Tax and State Sales Tax. The City Tax Exempt number is ES 47920. Any other sales tax, use tax, imposts, revenues, excise, or other taxes which are now, or which may hereafter be imposed by Congress, the State of Wisconsin, or any other political subdivision thereof and applicable to the sale of material delivered as a result of the bidder’s bid and which, by terms of the tax law, may be passed directly to the City, will be paid by the City.

21. Nondiscrimination. During the term of this Contract, the contractor, and the employees, representatives, agents and or volunteers thereof, shall not discriminate against any person based on race, color, creed, religion, sex, national origin, age, ancestry, disability, sexual orientation, gender identity, gender non-conformity, gender expression, transgender status, pregnancy, or marital or parental status.

22. Prevailing Wage. Where applicable under federal law, the contractor warrants that prevailing wages will be paid to all trades and occupations.

23. Indemnification. Contractor hereby agrees to indemnify, defend and hold harmless the City of Green Bay, its elected and appointed officials, officers, employees, agents, representatives and volunteers, and each of them, from and against any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, interest, attorneys’ fees, costs and expenses of whatsoever kind or nature in any manner directly or indirectly caused, occasioned, or contributed to in whole or in part or claimed to be caused, occasioned, or contributed to in whole or in part, by reason of any act, omission, fault, or negligence, whether active or passive, of contractor or of anyone acting under its direction or control or on its behalf, even if liabili ty is also sought to be imposed on City of Green Bay, its elected and appointed officials, officers, employees, agents, representatives and volunteers. The obligation to indemnify, defend and hold harmless the City of Green Bay, its elected and appointed of ficials, officers, employees, agents, representatives and volunteers, and each of them, shall be applicable unless liability results f rom the sole negligence of the City of Green Bay, its elected and appointed officials, officers, employees, agents, representatives and volunteers.

a. Contractor shall reimburse the City of Green Bay, its elected and appointed officials, officers, employees, agent or authorized representatives or volunteers for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.

b. In the event that contractor employs other persons, firms, corporations or entities (sub-contractor) as part of the work covered by this Agreement, it shall be Contractor’s responsibility to require and confirm that each sub-contractor enters into an Indemnity Agreement in favor of the City of Green Bay, its elected and appointed officials, officers, employees, agents, representatives and volunteers, which is identical to this Indemnity Agreement.

c. This indemnity provision shall survive the termination or expiration of this Agreement.

24. Choice of Law and Compliance. This Contract shall be governed by and construed, interpreted and enforced in accordance with the laws of the State of Wisconsin. The parties agree, for any claim or suit or other dispute relating to this Contract that cannot be mutually resolved, the venue shall be Brown County Circuit Court or the United States District Court for the Eastern District of Wisconsin.

a. The contractor shall at all times comply with and observe all federal and state laws, local laws, ordinances, and regulations which are in effect during the period of this Contract and which in any manner affect the work or its conduct. The City reserves the right to cancel this Contract if the contractor fails to follow the requirements of s. 77.66, Wis. Stats., and related statutes regarding certification for collection of sales and use tax. The City also reserves the right to cancel this Contract with any state or federally debarred contractor or a contractor that is presently identified on the list of parties excluded from federal procurement and non-procurement contracts.

b. Contractor shall be required to demonstrate valid possession of appropriate required licenses and will keep them in effect for the term of this contract. The contractor shall also be required, when appropriate to obtain the necessary building permits prior to performing work on City facilities.

25. Independent Capacity/Status of Contractor/Tax Filing. The parties hereto agree that the contractor, its officers, agents, and employees, in the performance of this agreement shall act in the capacity of an independent contractor and not as an officer, employee, or agent of the City.