22-30-230 IFB Manual.pdf

City of Salem

Invitation for Bids

IFB No. 22-30-230

Tree Planting Services

Bids Due:

Friday, April 8, 2022

11:00 AM

*Late bids will be rejected

Anthony Delaney Chief Procurement Officer

93 Washington Street, 2nd Floor Salem, MA 01970

ADelaney@salem.com mailto:ADelaney@salem.com

IFB 22-30-230

TREE PLANTING SERVICES

COVER SHEET

PLEASE PRINT OR TYPE:

Name of Bidder:

Contact Individual:

Address:

# Street City/Town Zip Code

Phone:

Alternate Phone:

Email Address: Social Security/Federal Tax Identification Number:

Authorized Signature: _______________________________________

IFB 22-30-230

CHECKLIST

Submissions:

Completed Cover Sheet

Checklist (this sheet)

Bid Form

5% Bid Deposit

Required Certifications Form

Reference Form

Minimum Requirements:

Yes No A. Bidder must be actively engaged in and derives a minimum of 80% of net income in the field of arboriculture and/or horticulture.

B. Bidder has a minimum of three (3) years of BARE ROOT tree planting experience and seven (7) years Balled and Burlap (B&B) tree planting experience.

C. Bidder can demonstrate competence, experience and financial capability to carry out the full terms of this contract.

D. Bidder can demonstrate that they possess vehicles and equipment sufficient for the successful performance of this contract.

E. Bidders shall have a certified arborist present during the installation of all trees and shrubs.

City of Salem TREE PLANTING

REQUIRED CERTIFICATIONS

REQUIRED CERTIFICATIONS

1. NON-COLLUSION:

The undersigned certifies under penalties of perjury that this bid or proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word "person" shall mean any natural person, business, partnership, corporation, union, committee, club, or other organization, entity, or group of individuals.

2. TAX COMPLIANCE:

Pursuant to M.G.L. c. 62C, §49A, I certify under the penalties of perjury that, to the best of my knowledge and belief, I am in compliance with all laws of the Commonwealth relating to taxes, reporting of employees and contractors, and withholding and remitting child support.

3. CORPORATE BIDDER (if applicable):

I, _______________________________ certify that I am the _____________________ of the corporation named as Bidder in the Bid included herein, that _________________, who signed said Bid on behalf of the Bidder was then ________________________ of said corporation, that I know his signature, that his signature thereon is genuine and that said Bid was duly signed, sealed and executed for and in behalf of said corporation by authority of its governing body.

(Corporate Seal) (Secretary-Clerk)

4. PREVAILING WAGES:

The undersigned bidder or quoter hereby certifies, under the pains and penalties of perjury, that the foregoing bid or quote is based upon the payment to laborers employed on the project of wages in an amount no less than the applicable prevailing wage rates established for the project by the Massachusetts Department of Labor and Workforce Development. The undersigned bidder or quoter agrees to indemnify the awarding authority for, from and against any loss, expenses, damages, action or claims, including any expense incurred in connection with any delay or stoppage of the project work, arising out of or as a result of (1) the failure of the said bid or quote to be based upon the payment of the said applicable prevailing wage rates, or (2) the failure of the bidder or quoter, if selected as the Contractor, to pay laborers employed on the project the said applicable prevailing wages.

5. DEBARRMENT

The undersigned further certifies under penalty of perjury that the said undersigned is not presently debarred from doing public construction work in the commonwealth under the provisions of section twenty-nine F of chapter twenty-nine, or any other applicable debarment provisions of any other chapter of the General Laws or any rule or regulation promulgated thereunder.

6. LABOR HARMONY AND OSHA TRAINING

The undersigned hereby certifies that he is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed on the work; that all employees to be employed at the worksite will have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health Administration that is at least 10 hours in duration at the time the employee begins work and who shall furnish documentation of successful completion of said course with the first certified payroll report for each employee; and that he will comply fully with all laws and regulations applicable to awards made subject to section 44A.

(Signature of authorized individual submitting proposal)

(Printed Name)

(Name of Bidder (if different than name))

(Federal Tax Identification or Social Security Number)

(Date)

REFERENCE FORM

(1) Reference Name (Contact Person):

City/Town/Company:

Fax:

Email:

Dates of Services Provided:

_____ / _____ / _____ to _____ / _____ / _____

Description of Services Provided:

(2) Reference Name (Contact Person):

(3) Reference Name (Contact Person):

PART 1. GENERAL INFORMATION

1.1 PROCUREMENT DESCRIPTION

The City of Salem is seeking bids from qualified contractors to furnish, transport and plant a variety of trees throughout the City of Salem.

As an Add Alt, the City of Salem is seeking pricing to water the newly planted trees in year three of the contract.

Further, the City is seeking pricing for a second Add Alt, which will require the Contractor to remove existing vegetation and debris from around the trees and add mulch to the area approximately two years after the trees are planted.

1.2 APPLICABLE LAW

This procurement will be conducted pursuant to Massachusetts General Laws Chapter 30, Section 39M.

1.3 APPROVAL

Any contract(s) that may result from the procurement shall be subject to the approval of the Mayor of the City of Salem.

1.4 INCORPORATION BY REFERENCE

All requirements, specifications, terms and conditions described in this Invitation for Bid shall be incorporated by reference into any contract that may result.

1.5 TIME FOR AWARD

Any contract that may result from the procurement shall be awarded within thirty (30) days after the bid opening. The Contractor must agree to hold the bid prices firm for that period.

1.6 RIGHT TO CANCEL/REJECT

The City reserves the right to cancel this IFB or reject in whole or in part any and all bids if the City determines that cancellation or rejection serves the best interests of the City.

1.7 TAXATION

Purchases made by the City are exempt from the payment of Federal excise tax and the payment of Commonwealth of Massachusetts sales tax and any such taxes must not be included in the bid pricing.

Copies of the City and Town’s tax-exempt paperwork shall be available upon request of the selected contractor.

PART 2. INSTRUCTIONS TO BIDDERS

2.1 REQUIREMENTS AND SUBMISSIONS

Below please find a description of the requirements and submissions that must be included as part of a bid.

2.1.1 BID PRICING FORM

Every bid must include a completed ‘Bid Pricing Form’. See attached. All material, equipment and labor is F.O.B. City of Salem.

2.1.2 NON-COLLUSION

Every bid must include a certification of good faith, certifying that the bid was made in good faith and without collusion or fraud. See “Required Certifications Form”.

2.1.3 TAX COMPLIANCE

Every bid must include a written certification that the bidder has complied with all state laws relating to taxes, reporting of employees and contractors, and child support. See “Required Certifications Form”.

2.1.4 CORPORATE BIDDER

If the bid is being submitted by a corporation, the bid must include a certification that the individual submitting the bid has been authorized to bind the corporation. See “Required Certifications Form”.

2.1.5 REFERENCE FORM

Every bid must be accompanied by at least three (3) professional references.

2.1.6 BID DEPOSIT

Each bid must be accompanied by a deposit equal to five percent (5%) of the amount of the bid. The bid deposit may be in the form of a certified treasurer’s or cashier’s check payable to the City of Salem from a responsible back or trust company; cash; or a bid bond.

2.1.7 PAYMENT & PERFORMANCE BOND

The selected contractor shall be required to furnish both a Payment and Performance Bond in the amount of one hundred percent (100%) of the contract price, within ten days of the date of notification of the contract award.

2.1.8 PREVAILING WAGE

Wages for this project are subject to the prevailing wage rates as set by the Department of Labor Standards.

A copy of the prevailing wage rates for this project is included in the Invitation for Bids, along with a Payroll Record Form and Statement of Compliance.

In the event that the option to renew is exercised, an updated prevailing wage rate sheet will be sent to the Contractor along with the contract amendment letter.

Certified Weekly Payroll documents shall be sent to the Office of the Purchasing Agent, 93 Washington Street, 3rd Floor, Salem, MA 01970. Payroll records must be sent three (3) business days after the close of the previous work week. See ‘Certification Regarding Payment of Prevailing Wage Rates’ attached.

2.1.9 DEBARMENT

Every bid must include a certification regarding the contractor’s debarment status. A debarred contractor is not eligible or the award of public contracts during the period of its debarment. See ‘Certification Regarding Debarment’ attached.

2.2 BID DELIVERY

Below please find a description of the manner in which sealed bids must be submitted.

2.2.1 DUE DATE AND TIME

Bids shall be received by the Office of the Purchasing Agent on or before 11:00 AM, Friday, April 8, 2022.

Any bid received after that time shall be rejected as non-responsive. As a matter of uniformity, the Time Stamp Clock located in the Office of the Purchasing Agent shall be the sole determinant of time.

2.2.2 ADDRESS

Sealed bids shall be delivered to the Office of the Purchasing Agent, 93 Washington Street, 2nd Floor, Salem MA 01970.

2.2.3 HOURS OF OPERATION

Bids must be delivered during the normal hours of operation of the City of Salem:

Monday-Wednesday: 8:00 AM-4:00 PM Thursday: 8:00 AM-7:00 PM Friday: 8:00 AM-12:00 PM

2.2.4 COPIES

Bidders must submit one (1) original and one (1) copy of the bid.

2.2.5 LABELING

The outside of the envelope containing the sealed bid must be labeled with 1) the solicitation number 2) the opening date and time and 3) the name of the bidder

2.3 SIGNATURES

A bid must be signed as follows: 1) if the bidder is an individual, by her/him personally; 2) if the bidder is a partnership, by the name of the partnership, followed by the signature of each general partner; and 3) if the bidder is a corporation, by the authorized officer, whose signature must be attested to by the clerk/secretary of the corporation, and with the corporate seal affixed.

2.4 QUESTIONS, CHANGES, MODIFICATIONS AND WITHDRAWALS

2.4.1 QUESTIONS/REQUESTS FOR CLARIFICATION

Questions concerning this Invitation for Bids must be submitted in writing to: Anthony Delaney at ADelaney@salem.com at least 5 days prior to the bid opening date. Written responses will be emailed to all bidders on record as having picked up the Invitation for Bids.

2.4.2 CHANGES

If any changes are made to this Invitation for Bids, addenda will be issued. Addenda will be posted in the Office of the Purchasing Agent, on the website and e-mailed to all bidders on record as having picked up the Invitation for Bids.

2.4.3 MODIFICATIONS AND WITHDRAWALS

A bidder may correct, modify, or withdraw a quote by written notice received by the City of Salem prior to the time and date set for quote opening.

Modifications must be submitted in a sealed envelope clearly labeled "Modification No.__" to the address listed in part one of this section. Each modification must be numbered in sequence and must reference the Invitation for Bids.

After the bid opening a bidder may not change any provision of the bid in a manner prejudicial to the interests of the City or fair competition. Minor informalities will be waived, or the bidder will be allowed to correct them. If a mistake and the intended bid are clearly evident on the face of the bid document, the mistake will be corrected to reflect the intended correct bid, and the bidder will be notified in writing; the bidder may not withdraw the bid. A bidder may withdraw a bid if a mistake is clearly evident on the face of the bid document, but the intended correct bid is not similarly evident.

2.5 UNFORESEEN OFFICE CLOSURES

If, at the time of the scheduled bid opening, 93 Washington Street, 3rd Floor, Salem, MA 01970, is closed due to uncontrolled events such as fire, snow, ice, wind, or building evacuation, the bid opening will be postponed until 11:00 AM on the next normal business day. Bids will be accepted until that date and time.

2.6 BID OPENING PROCEDURE

At the time and place fixed for opening of bids, the City will cause to be opened and publicly read aloud every bid received within the time set for receiving bids, irrespective of any irregularities therein. Bidders and other persons properly interested may be present, in person or by representative.

mailto:ADelaney@salem.com

FORMS FOR GENERAL BID

To the Awarding Authority:

A. The undersigned proposes to furnish all labor and materials required for

Tree Planting Services in accordance with the accompanying plans and specifications including all Labor and Materials, for the contract price specified below, subject to additions and deductions according to the terms of the specifications.

Bidding procedures shall be in accordance with M.G.L. c. 30, §39M (a) and (c), as most recently amended, and all other applicable laws

B. QUALITY REQUIREMENTS

A “No” response or a failure to respond to any of the following requirements will result in a rejection of your bid.

1. Bidder is actively engaged in and derives a minimum of 80% of net income in the field of arboriculture and/or horticulture.

YES NO

2. Bidder has a minimum of three (3) years of BARE ROOT tree planting experience and seven (7) years Balled and Burlap (B&B) tree planting experience.

YES NO

3. Bidder can demonstrate competence, experience and financial capability to carry out the full terms of this contract.

YES NO

4. Bidder can demonstrate that they possess vehicles and equipment sufficient for the successful performance of this contract.

YES NO

5. Bidders shall have a certified arborist present during the installation of all trees and shrubs.

YES NO

C. This bid includes addenda numbered:

D. The proposed contract price is_________________________________________ DOLLARS

E. The subdivision of the proposed contract price is as follows: (All quantities are approximate and may be subject to change during the tenure of the Contract)

(SEE FOLLOWING PAGES)

F. The undersigned agrees if selected as General Contractor, within seven working days after presentation thereof by the City, the Contractor will:

1. execute a contract in accordance with the terms of this general bid;

2. furnish a performance bond and a labor and materials or payment bond;

a. of a surety company qualified to do business under the laws of the Commonwealth and satisfactory to the City;

b. in the sum of one hundred percent of the contract price;

c. premiums for each are to be paid by the General Contractor.

3. provide an Insurance certificate specifying the City of Salem as Additional Insured, complying with the Insurance requirements set forth herein in the General Terms and Conditions Section 800, Article 8.

The City of Salem further requires that the General Contractor furnish the City with a copy of all insurance policies prior to or with the delivery of its signed Contract to the City.

G. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any minor informalities in the bidding prices.

H. Total amounts are to be shown in both words and figures. In case of discrepancy, the amount shown in words will govern.

I. The bidder agrees that this bid shall be good and may not be withdrawn for a period of 90 days after the scheduled closing time for receiving bids.

J. The bid security attached in the sum of ____________________________________ is to become the property of the Owner in the event the contract and bond are not executed within the time above set forth, as liquidated damages for the delay and additional expense to the Owner caused thereby.

The undersigned hereby certifies that s/he is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed on the work.

As required by M.G.L. c. 62C, 49A, the undersigned certifies under the penalties of perjury that the bidder has complied with all laws of the commonwealth relating to taxes, reporting of employees and contractors, and withholding and remitting child support.

The undersigned certifies under penalties of perjury that this bid or proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the "person" shall mean any natural person, business, partnership, corporation, union, committee, club, or other organization, entity, or group or individuals.

The undersigned further certifies under penalty of perjury that the said undersigned is not presently debarred from doing public construction work in the commonwealth under the provisions of section twenty-nine F of chapter twenty-nine, or any other applicable debarment provision of any other chapter of the General Laws or any rule or regulation promulgated thereunder.

Date____________________________________

(Name of General Bidder)

By____________________________________ (Name of Person Signing Bid and Title)

(Print Name of Person Signing Bid and Title)

(Business Address)

(City and State)

(Contact Phone Number)

(Email)

TERMS AND CONDITIONS

4.1 TERM OF CONTRACT

Any contract(s) that may result from this solicitation shall be for a term of one (1) season, commencing on or around April 11, 2022, and terminating December 31, 2022, with the option to renew for two additional seasons, in one season increments, from April 1, 2023 through December 31, 2023, and again on April 1, 2024, through December 31, 2024. An amount of $250.00 per calendar day for liquidated damages will be assessed to the Contractor in their failure to complete the planting services in full by December 31, 2022, and for subsequent years if awarded. The watering/2-Year Guarantee Period shall be completed by December 31, 2024, with the option to renew for two additional seasons, in one season increments, from April 1, 2025 through December 31, 2025, and again on April 1, 2026, through December 31, 2026.

4.2 ASSIGNMENTS AND SUBCONTRACTING

The selected vendor shall not assign, sell, subcontract or otherwise transfer any interest in this contract without the prior written consent of the City. The successful bidder shall be fully responsible to the City for the acts and omissions of his subcontractor, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him.

4.3 PAYMENT

The City shall make every effort to furnish payment within thirty (30) days of receipt of a reasonably detailed invoice. Any invoice received must reference the contract number. Nothing contained in the contract shall create any contractual relation between any subcontractor and the City of Salem. The Successful Bidder shall cause appropriate provision to be inserted in all subcontracts relative to the work to require compliance by each subcontractor with the application provisions of the Contract for the improvements embraced in the site preparation.

Invoicing for all work must be done weekly and must be accompanied by copies of original bills for material used. Billing must separate labor and itemize materials

Weekly payroll record reporting forms (prevailing wage) and signed statement of compliance (form attached) must be submitted with all billing.

4.4 INSURANCE REQUIREMENTS

See attached Contract for all information relevant to insurance requirements. The City of Salem will not execute a Contract with the awarded vendor until ALL insurance requirements have been met and proof of such has been provided to the City. The City of Salem reserves the right to cancel the Contract and award to the next lowest and most eligible bidder in the event and and/or all insurance requirements have not been met.

4.5 CHANGE ORDERS AND ADJUSTMENTS

Any request for a change order or adjustment must be submitted in writing and contain, an explanation of the need for the change order, a statement of work including a cost breakdown of each addition, and a statement that the change order is in the best interest of the awarding authority. The City is not obligated to pay for change orders that are not approved in writing, by the original contract signatories. Three (3) copies of the change order shall be required.

4.6 INDEMNIFICATION

Unless otherwise provided by law, the Vendor will indemnify and hold harmless the City against any and all liability, loss, damages, costs or expenses for personal injury or damage to real or tangible personal property which the City may sustain, incur or be required to pay, arising out of or in connection with the performance of the Contract by reason of any negligent action/inaction or willful misconduct by the Contractor, its agents, servants or employees.

4.7 FEDERAL AND STATE LAW

The selected contractor shall comply with all applicable Federal, State and Local laws and ordinances.

4.8 STATEMENT OF WORK

Except as otherwise specifically stated in the bid and contract documents the selected contractor shall secure, at its own expense, all necessary permits and licenses and comply with all city and state codes and regulations. The selected contractor shall provide and pay for all materials, equipment, labor, tools, temporary construction of every nature, charges, levies, fees, or other expenses incurred and all other services and facilities of every nature whatsoever for his performance of the Contract within the specified time and required for this project. The selected contractor must provide all materials and equipment free of any lien, claim or encumbrance.

4.9 SAMPLE CONTRACT

See ‘Sample Contract’ attached.

SCOPE OF WORK/SPECIFICATIONS

TREE PLANTING

PART 1 – GENERAL

1.01 SCOPE OF WORK

A. General:

1. Work shall consist of furnishing all labor, materials, equipment and transportation required to complete all the planting work in strict accordance with these specifications and applicable drawings.

Work shall include, but not be limited to:

a. Submitting samples of materials and analyses for approval, if requested.

b. Securing necessary permits and approvals.

c. Back filling with suitable material within tree planting area.

d. Installing trees

e. Furnishing specified plant materials for installation and all necessary planting operations including mulching, watering, staking, guying, spraying, weeding, pruning, drip bag installation, etc.

f. Fertilization at the time of planting.

g. Establishing finished grades.

h. Cleaning site at end of planting operations.

i. Maintaining, protecting, weeding, pruning damaged or broken limbs, and replacing dead trees during the guarantee period.

2. Planting will take place throughout the City at various locations, primarily on City property along streets and other City owned land. Planting on private property within 20’ feet of Right-of-Way may be required as well.

3. The City anticipates the planting work will primarily take place during the Spring and Fall planting seasons. On occasion plantings may take place outside of these times with the City Arborist’s permission.

a. Spring: April 1st – June 30th

b. Fall: September 15th – November 30th

4. The City of Salem reserves the right to work with its own work force or other Contractor(s) as necessary.

5. The City does not guarantee the locations of existing pipes or underground conduits. The locations of these structures shown on City engineering plans are approximate. In private and public lands where sprinkler systems, driveways, walks, steps, walls and heating cables and or heating pipes are encountered, the Contractor shall use due caution when excavating in the vicinity of these structures and will be required to repair any damages caused at the Contractor’s expense.

6. The City will provide plant materials as well as requesting the Contractor to provide plant materials as outlined on the bid form and in this document.

7. The tree planting will be performed by the requirements of the Contract Documents and will be directed by the City Arborist or designee. The Arborist will instruct the Contractor if changes need to be made due to any omission, contractual or otherwise, being noticed during the planting operation.

8. All work shall be done in a safe and workman-like manner, in compliance with the rules and regulations of the Division of Industrial Safety and all other City and State agencies and authorities having jurisdiction of the types of work included in this Contract.

9. A Massachusetts Certified Arborist or ISA Certified Arborist will carry out the planting of City of Salem Public Shade Trees. These persons will be at the work site for all planting operations. Names of Massachusetts Certified Arborist (MCA), International Society of Arboriculture Certified Arborist (ISA) or equivalent will be submitted and approved by the City Arborist before any planting occurs.

B. Powers and Duties of the City Arborist

1. For the purposes of the contract, the City of Salem is acting through its City Arborist who, by delegation and local ordinance, has control over and is responsible for the care and removal of all trees on City streets, playgrounds, schools, recreation lands and conservation land. The City Arborist also performs the function of Tree Warden, in accordance with the Massachusetts General Laws, Chapter 87 entitled “Shade Trees”, has authority over, control and supervision of all trees which now or which may hereafter exist upon any public street or highway in this City, and over all trees which exist upon any private property in this City, when such trees are in such hazardous condition as to affect adversely the public health, safety, and welfare. The term City Arborist shall mean City Arborist or his/her designee.

2. In the exercise of all or any of the powers herein granted, the City Arborist shall have the authority to delegate all or any part of his/her powers and duties with respect to the supervision and control of this contract to his/her subordinates and assistants in the employ of the City of Salem as he/she may determine.

1.02 APPLICABLE STANDARDS

A. American National Standards Institute (ANSI): Standard A300-2008 Standard Practices for Tree Care Operations – Tree, Shrub and Other Woody Plant Maintenance

B. American National Standards Institute (ANSI): Standard Z-133.1.-2006 Safety Requirements for Tree Care

Operations – Pruning, Trimming, Repairing, Maintaining, and Removing Trees, and Cutting Brush C. All other applicable Occupational Safety and Health Administration (OSHA) standards, and state and local regulations.

D. American National Standards Institute (ANSI): Standard Z60.1-2004 or current edition.

E. American Standard for Nursery Stock, published by the American Association of Nurserymen

F. American National Standards Institute- (ANSI) is the private, non-profit organization that administers the safety and maintenance regulations for the Tree Care Industry.

1.03 DEFINITIONS

A. Whenever used in any of the Contract Documents, the following meanings shall be given to the terms herein defined:

1. The term "Contract" means the agreement executed by the Owner and the Contractor, consisting of these Contract Documents.

2. The term "Owner" means the City of Salem acting through its authorized representative, the Director of

Public Works, whose responsibility it shall be to coordinate review and approval by City, State and Federal departments and agencies which have jurisdiction over the various types of work to be carried out under this Contract.

3. The term "Public Works Department (PWD)" means those persons employed by the Director of Public Works for the purpose of directing or having charge of the work of this Contract or a portion thereof, limited by the particular duties entrusted to that person.

4. The term "Local Public Agency" means the Public Works Department.

5. The term "Awarding Authority" means the Public Works Department.

6. The term "Contractor" means the person, firm or corporation entering into the Contract with the

Owner to construct and install improvements embraced in this Contract.

7. The term "Contract Documents" means and shall include the following: Invitation to Bid; Bid

Requirements; Contract Forms; Bonds and Certificates; Conditions of Contract; Addenda; if any;

Technical Specifications; and Drawings.

8. The words "required", "permitted", "ordered", "designated", "prescribed", or words of like import shall mean the direction, requirement, permission, order, designation, prescription, etc. of the Owner or the Owner's representatives, and similarly, the words "approved", "acceptable", "satisfactory", or words of like import, shall mean approved by, or acceptable or satisfactory to the Owner's authorized representative, subject in each case to the final determination of the Owner unless otherwise expressly stated.

9. The terms "City" means the City of Salem, Massachusetts, within which the work of this Contract is to be carried out.

10. The term "MHD Standard Specifications" or "Standard Specifications" refers to the latest edition of the Massachusetts Highway Department Standard Specifications for Highways and Bridges, including supplements and amendments.

11. Bare Root – a tree or shrub with minimal or no soil surrounding the roots of a plant.

12. Balled and Burlap (B&B) – a tree or shrub with soil containing the roots of a plant. Soil is covered by a natural or synthetic burlap material and may have a wire mesh cage around the root ball.

13. Certified Arborist – an individual who has passed and currently maintains an arborist certification with the International Society of Arboriculture, Massachusetts Arborist Association or equivalent. Arborist certification shall require continuing education units (CEU’s) in order to maintain certification.

14. Container grown – a tree or shrub with a synthetic material or pot containing its roots.

15. Contract Supervisor- the individual or designated representative responsible for insuring the requirements of this contract are adhered to.

16. Caliper - The measure of a plant’s trunk. - Caliper measurement of the trunk shall be taken six inches above the ground up to and including four-inch caliper size. If the caliper at six inches above the ground exceeds four inches, the caliper should be measured at 12 inches above the ground. Caliper will be measured to the nearest full inch.

17. Occupational Safety & Health Administration- (OSHA) is the Federal agency responsible for insuring worker safety.

1.04 SAMPLES AND SUBMITTALS

A. Upon award of the contract and at least thirty (30) days prior to intended use, the Contractor shall provide the following samples and submittals for approval. Do not order materials until Contract Supervisor’s approval of submittal has been obtained. Delivered materials shall closely match the approved samples. Should the source of supply be changed within the course of the contract, the Contractor shall submit new samples or submittals for approval per the original submission.

B. Soils and Soil Management: Contractor shall make the following submittals and perform the following testing program on all on-site soils to be reused as backfill and on all off site borrow soils and material placed on the project. The cost of all submittals and testing stated below shall be incidental to the work and paid for by the Contractor.

1. Independent Laboratory and Testing Company. Submit 4 weeks prior to start of excavation, evidence that the Laboratory/testing company is:

a. accredited by the American Associates of the State Highway and Transportation Officials

(AASHTO)

b. Has minimum 3 years’ experience in sampling, testing and analysis of soil and aggregates, and monitoring field compaction operations.

c. Able to provide 3 references from previous work.

2. Submit to the City and the Engineer grain size analysis curve (ASTM D422) and compaction test results (ASTM D1557) for each proposed source of backfill including suitable on-site soil to be reused as backfill, for review two weeks prior to use of the material. Grain size analysis shall indicate that the backfill material conforms to the gradation requirements specified.

3. Contaminant analysis for off-site borrow materials used. Each material imported shall be accompanied by a certification statement and analytical results. At a minimum, the certification shall state that the point of origin and that the material is free of contaminants. The certification shall include representative sample analysis from each point of origin of backfill to be used on the site.

The samples shall be analyzed by a certified laboratory for total metals (EPA priority pollutant metals), volatile organic compounds (EPA Method 8270), petroleum hydrocarbons (EPA method 418.1), and Total PCB’s and pesticides (EPA Method 8081 and 8082). On site soils designated as suitable for reuse can be reused as backfill without providing certification required above.

4. Contractor shall, in coordination with Soil Management Plan, submit to the City Arborist and the City an Excavation, Backfilling, and Filling Plan at least 2 weeks prior to earth moving activities.

The review will be only for the information of the City for an overall understanding of the project sequence and site utilization. The contractor shall remain responsible for the adequacy and safety of the means, methods, and sequencing of construction. The plan shall include but not be limited to the following items:

a. Detailed sequence of work

b. General description of construction methods

c. Number and location of crews and equipment and manpower to be deployed

d. Traffic, bicycle and pedestrian management

e. Proposed location of stockpiles

f. Proposed locations and sequence of test pitting for soil testing and utility installations prior to the start of water pipe, drain, sewer and utility installations.

g. Maintenance and continued operation of existing infrastructure.

C. Planting soil: At least 30 days prior to ordering materials, the Contractor shall submit to the Owner's

Representative samples, certifications, manufacturer's literature and certified test results for proposed planting soil.

D. Names of Massachusetts Certified Arborist (MCA) or Massachusetts Certified Nurserymen (MCN) will be submitted and approved by the City Arborist before any planting occurs.

E. Mycorrhizal Fungal Transplant Inoculant with hydrogel: Submit one (1) sample packet showing composition and analysis for fertilizer, also submit invoices of total purchased material for this contract.

F. Structural Planting Medium: At least 30 days prior to ordering materials, the Contractor shall submit to the Owner's Representative samples, certifications, manufacturer's literature and certified test results for proposed structural planting medium.

G. Fertilizer: Submit one (1) sample packet of fertilizer showing composition and analysis for fertilizer, also submit invoices of total purchased material for this contract.

H. Drip irrigation bag product: Product literature.

I. Planting Mulch: Submit a one- (1) cubic foot sample.

J. Stakes and ties: Product literature and sample

K. Edging: Product literature and sample

L. Certify, invoice, and order plants for each shipment grown, free of disease and insect pests. Submit certificates to City Arborist

1.05 QUALITY ASSURANCE

A. General Personnel Requirements:

1. Horticulturally skilled workers, trained and experienced in accepted nursery and arboriculture practices shall perform the planting. The work shall be done in a workmanlike manner under the supervision of a qualified planting supervisor demonstrating a background in landscape operations. It is required that the planting supervisor be a Massachusetts Certified Arborist, I.S.A.

Certified Arborist or equivalent pending the City Arborist’s approval and as defined in Section 1.04.A.13.

2. The Contractor shall supply sufficient personnel to perform the work in accordance with the applicable specifications and conditions listed herein. The Contractor shall employ only qualified, competent personnel to do the work; and whenever the City shall notify the Contractor in writing, that a person in charge of, or on the work site, is not working in a workmanlike manner or is incompetent, unfaithful, disorderly, unsafe, under the influence of liquor and/or drugs, using insolent or improper language or is otherwise unsatisfactory in any manner, or not employed in accordance with the provisions of this contract, such persons shall no longer be assigned by the Contractor to perform work called for under the terms of this contract. The Contractor is responsible for administering any drug/ alcohol testing of his/her employees as required by State and Federal agencies. The Contractor must inform the City with proper documentation that such random testing was performed.

3. All Contractor personnel shall be dressed and be provided by the Contractor suitable work and safety clothing at all times. Clothing must contain the Contractor’s name and logo making them identifiable to the public.

4. The Contractor shall provide his/her employees with all safety belts, helmets, eye and hearing protection and any other equipment defined as safety items by OSHA and ANSI.

5. Each worker shall be experienced and highly qualified with necessary planting work skills to successfully complete this contract. Said skills shall also include worker safety and ability to be in compliance with current OSHA and ANSI standards.

6. In the event that the Contractor and/or his/her employees are found to be in violation of applicable safety requirements, the Contractor will be so notified by the City Arborist or persons designated by him, and said person(s) may order that work be stopped until any and all such violations are corrected.

7. The Contractor and his/her employees shall at all times conduct themselves in an appropriate manner. The City expects that all employees of the Contractor will interact with the public in a polite and professional manor. If the Contractor or his/her employees are not able to answer a question or satisfy a citizen request, then the Contractor shall promptly refer the citizen to the City Arborist as well as contact the City Arborist right away to report the nature of the citizen’s inquiry.

B. Equipment Requirements

1. The equipment used for tree planting shall be of sufficient type, capacity and quantity to safely and efficiently perform the tree planting work as specified.

2. All equipment (including support equipment) to be used by the Contractor shall be listed on the Contractor’s Information Report at the time of the bid opening. All such equipment can be subject to the inspection and final approval of the City Arborist. Such approval may require on-site demonstration of the capability of any proposed equipment to provide satisfactory performance.

3. All vehicles used by the Contractor shall comply with safety standards established by the Department of Transportation in the State they are registered pertaining to the operation and transportation of equipment on public and private ways. All vehicles shall be equipped with required equipment and safety equipment.

4. All crews must be equipped with cellular phones to facilitate direct communication between the City Arborist and the work crews. The cell phone shall also be equipped with a text and voice mail function. A beeper/pager is not an acceptable means of communication with the City Arborist.

5. The Contractor’s vehicles and equipment shall at all times be clean and in good repair and kept in a sanitary condition.

6. The Contractor shall be aware that the City does not have parking available for any equipment.

Should the Contractor require parking for its vehicles or personnel it will be up to the Contractor to find and pay for this parking.

7. The Contractor shall hold harmless and indemnify the City for all claims, including, but not limited to, claims for property damage and liability in connection with the parking of vehicles.

8. The Contractor shall notify the City immediately if any equipment is out of service and promptly notify the City once the equipment is back in service. The Contractor shall use all due diligence to promptly effect repairs to out of service equipment and/or to secure alternate equipment if necessary, to effectively perform the work of this contract.

9. At the discretion of the City Arborist, if equipment failures, breakdowns or other related problems occur that are jeopardizing the execution of this contract the City will require the failed equipment be replaced. Failure to replace the equipment may result in the contract being terminated.

10. The Contractor shall not allow any operator to leave any vehicles/equipment unattended with the motor running.

11. All employees or agents of the Contractor who are assigned to drive in or operate vehicles shall at all times possess and carry valid vehicle/operator’s licenses, as applicable which are required for the operation of such vehicles.

C. Requirements Regarding Private Property

1. The normal access to a job site shall be along public roadways. Should work require the

Contractor to place equipment and/or personnel on private property, the Contractor shall obtain the property owner’s permission in writing and shall notify the City Arborist prior to the work.

The City Arborist shall provide a permission/indemnification form to be used for this purpose.

2. The Contractor shall be required to deal directly with private citizens with respect to repairing and/or replacing damaged bushes, shrubs, and other damage to private property that may be caused by the Contractor in connection with work performed pursuant to this contract. A report in writing concerning such damage and action taken to correct the damages shall be given to the City Arborist.

3. The Contractor shall respond to the City Arborist within 24 hours in regards to all complaints of damage to private property alleged to have been caused by work performed by the Contractor. In case of such damage, the Contractor shall be required to make arrangements with the homeowner to remedy the damage. The Contractor shall make or effectuate any such repairs with in thirty (30) days of the date of the damage, or within such additional times as agreed in writing between the Contractor and homeowner.

4. In order to assist the City in the processing of claims for property damage, the Contractor shall be, at the City’s discretion, required to prepare a written report, on a form to be provided by the City Arborist, as to the condition of the tree in each instance when the Contractor removes a tree and/or limb which has damaged private property including automobiles and damage to residential and commercial property.

5. The Contractor shall provide written reports and respond to requests by the City Arborist and/or the City Solicitor’s Office related to investigations of claims against the City for property damage and personal injuries claimed to be caused by incidents of falling trees or limbs including, wherever possible, reports of damage caused by trees that fall during storm conditions.

D. Work Scheduling and Hours

1. The City intends on having scheduled tree planting work twice a year, during the Fall planting season and the Spring planting season. However, there may be other times during the year that the City will request that trees be planted. The City will make a list of planting location(s) in advance of the work for the Contractor.

2. Prior to the commencement of work the Contractor shall meet with the City Arborist and provide a written schedule for the completion of work. City Arborist requires that this schedule be closely adhered to. Any changes to the schedule must be submitted to the City Arborist in writing for approval.

3. The Contractor shall begin work upon receipt of written and/or verbal orders to begin such work, and the work once begun shall be continuously carried forward with a force of persons adequate in the opinion of the City Arborist to complete the work in a continuous, uninterrupted, reasonable and expeditious manner, inclement and unseasonable weather conditions excepted. In the event the City Arborist determines that the Contractor has not begun work on orders to do so, or that the work once begun has been abandoned without authority, then the City Arborist shall give the Contractor seventy-two (72) hours’ notice (Sunday excepted) to begin work, or resume work in case of abandonment. Failure of the Contractor to act within this specified time shall be deemed a breach of this contract and the Contractor shall be held liable for any damage or expense arising from such breach of contract.

4. Standard work hours shall be Monday through Friday from 7:00 AM to 3:30 PM. Any work outside of these hours must be approved by the City Arborist

5. The work crew(s) are to report daily to the City Arborist when they start and when they finish work for the day. Completed work locations are to be faxed or emailed on a daily basis to the City Arborist

E. General Standards

1. The Contractor’s work shall be done in a workmanlike manner and performance thereof and all materials and facilities furnished by him/her shall be to the satisfaction of the City Arborist.

2. Approved plant locations shall be marked by the City. Contractor to have planting locations checked by Dig-Safe for utility conflicts before any excavation or pavement removal is started.

3. Any unexpected obstructions at the site that interfere with the tree planting operation will be communicated to the City Arborist to determine a solution before planting occurs. The Contractor will not be compensated for any planting adjustments not approved by the City Arborist.

4. All work areas shall be kept in such a manner so as to cause as little inconvenience as possible to the general public and adjacent property owners. When it is necessary to close pedestrian walks, vehicular traffic lanes or private access roads and drives, the Contractor shall provide personnel, barricades, warning signs, cones, flags or other means required by governing rules and ordinances, along with notifying the affected property owner or resident. Driveways are not to be blocked with debris at any time.

5. The Contractor shall obtain a permit from the Department of Public Works prior to any sidewalk or roadway obstruction. A copy of this permit must be available at the work site at all times. The Contractor is required to obtain street excavation and street obstruction permits to complete the work under this contract. Fees for permits to excavate or obstruct the public way shall be waived;

all permits must be obtained prior to beginning work on the City streets and sidewalks. Permits will be required for each of the project components.

6. Scheduling Police Details shall be the responsibility of the Contractor. The Salem Police Department requires 24-hour advance notice to obtain a Police Detail, except in emergencies and 4-hour advance notice to cancel a detail. The Contractor must submit all signed detail forms to the project managers or engineer, so that Public Works can pay all submitted and approved Police detail invoices. Any invoices that are not approved will be the responsibility of the Contractor to pay. The City of Salem Police Department shall bill the City of Salem Department of Public Works or whatever department has oversight of the contract for the services of uniformed police officers provided by the Police department. The Contractor shall reimburse Public Works or any other department which has oversight of the contract for Police Details, if the Contractor fails to appear for the job or if the Contractor fails to cancel the detail with adequate advance notice.

7. Traffic plans and work zones shall be in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) of the U.S. Department of Transportation.

8. Road closures, if necessary, must be approved by the City of Salem Police and Parking Department not less than 48 hours prior to the commencement of work.

9. The Contractor shall provide, erect and maintain all barricade warning signs, guards or other protection, as necessary and required for the safe execution of this Contract, and shall remove same upon completion of the work. No open tree pits shall be left unattended without safety and warning devices installed.

10. NO PARKING SIGNS- The Contractor shall post “TEMPORARY NO PARKING—TREE PLANTING” signs a minimum of twenty-four (24) hours in advance. The Contractor shall fill in the date, time and reason where indicated on the sign with a permanent, waterproof, black marker.

The signs shall be placed in each location designated for tree service on any and all roadways prior to servicing the area. Signs shall be wired to trees, utility poles or city owned street signage. Both wire and sign shall be removed and disposed of by the Contractor when planting has been completed. Nails, tacks or staples are not allowed for attaching signs to trees. Only signs provided by the City shall be posted. Signs shall be counted and issued by the City Arborist once the Contractor has been issued an obstruction permit. The exact number of signs issued will be returned at the end of all contracted work for the project period.

11. PERMITTING- It shall be the responsibility of the Contractor to apply for and receive the appropriate permits from Public Works and the Department of Parking and Traffic before the start of work.

12. Contractor shall mark each sign with the date, time of parking restriction and reason for…