3-6565-26 -Tree and Stump Removal- Fall 2026 BID Documents Spec.docx

City of Erie Pennsylvania Request for Bid

Tree & Stump Removal at Various Westside Locations # 6565-26 Due: 2:00 P.M., October 29, 2026

Proposal from:

Office of Purchasing

DEPARTMENT OF FINANCE

All inquiries regarding this project shall be submitted via the “Ask a Question” feature in PennBid at https://pennbid.bonfirehub.com

Daria S. Devlin, Mayor

LEGAL NOTICE

Request for Bids Sealed bids for furnishing items and/or services for the City of Erie will be received via PennBid by the City of Erie, Purchasing Office, 626 State Street, Erie, PA 16501, Room 305, until 2:00 PM prevailing time on Thursday, October 29, 2026.

Bid 6565-26 TREE & STUMP REMOVAL AT VARIOUS LOCATIONS Bid packages are available for download on PennBid at https://pennbid.net/ Bids shall be made upon the official proposal form attached to the specifications which may be had by bona fide bidders and must be submitted on the PennBid platform. Proposals must be accompanied by a bid bond in the form of a Corporate Surety Bond, Certified or Cashier’s Check in the sum of $2,500. Cash and personal checks are not acceptable.

By Jeanne Ardillo, City Purchasing Manager

Run Monday, October 19, and Monday October 26, 2026

GENERAL BIDDING REQUIREMENTS

1. All bids must be made via the PennBid website, accessible via this web address: https://pennbid.net/. No bid will be considered unless the Proposal Form and non-collusion affidavit are properly signed.

2. The City reserves the right to reject any and all bids, and to waive defects in the form of the bid, also to select the bid which best meets the requirements of the City.

3. Each proposal must be accompanied by a bid bond sent in the form of a Certified Cashier’s Check or Certificate of Deposit in the sum of two thousand five hundred dollars ($2,500) to be held until the job is complete. Cash, personal, or corporate checks are not acceptable.

4. The City of Erie will not waive or permit any type of bonding etc., to be submitted after the bid opening. Failure to submit proper bonding with bid documents will result in immediate rejection of bid. All Bids will be firm for sixty (60) days from date of bid opening. All bids will be firm for one (1) year from date of signing of Contract, unless otherwise specified.

5. Any discounts or terms must be shown on the proposal form. Such discounts, if any, will be computed and considered in tabulating of the bids.

6. All bids shall be uploaded and submitted through the PennBid App to the City Purchasing Department - Room 305, 626 State Street, Erie, PA, 16501 by the time and date mentioned in the "LEGAL NOTICE",

7. The City only accepts bid via PennBid and is not liable for non‑receipt of bids sent by ordinary mail, or if delivered in person to any other City employee.

8. The City of Erie is not subject to the Pennsylvania Sales Tax, and to most Federal Excise Taxes on all sales made directly to the city and neither should be included in bid price. Tax exemption certificates will be furnished and signed by the City Purchasing Department.

9. Tangible personal property purchased by Contractors in the performance of realty construction for the City of Erie is taxable, even though the City is exempt on its own purchases.

10. The City reserves the right to make multiple awards. In case of two or more identical bids tying as low bid, the City of Erie reserves the right to select in its own discretion from among such identical bidders.

11. Any transportation, fees and/or any other related charges incurred in pick up, deliver, and/or processing of the product, as specified, must be included in the bid price for the duration of the contract.

12. The successful bidder shall have and maintain, at its own expense all licenses, registrations, permits and authorization necessary for the receiving, delivery, processing and disposal of the specified service for the awarded contract period. The successful bidder shall also pay all fees and charges incurred in maintaining its licenses, registrations, permits and authorizations necessary to conduct its business including all additional fees and charges imposed during the awarded contract period.

13. Successful bidder shall pay all federal, state, city and local taxes, fines, penalties, fees and assessments arising pursuant to the contract and shall adhere to all requirements of the constituted public authorities and with all federal, state and local laws and ordinance and the applicable rules, regulations, methods and procedures of all governmental boards, bureaus, offices, commissions and other agencies now or hereafter in effect.

14. Payment will be made by the City within thirty (30) days from receipt and acceptance, by the City, of delivery of complete orders of bid items or receipt of invoice for same, whichever is received later.

15. The successful bidder at its own cost and expense, shall obtain and maintain in full force insurance coverage which will satisfactorily insure the bidder and the City of Erie against all claims and liabilities which could arise out of the contract including, but not limited to, claims and liabilities for the injury (including death) or damage to persons and property which could arise during the duration of the awarded contract. The City of Erie will be named as additional insured.

16. Bidder will be required to submit satisfactory evidence to the City Purchasing Agent that the various bonds and insurance, as outlined in these documents, have been obtained. Such evidence will be required within ten (10) days of the awarding of the contract. Failure to submit said evidence shall be deemed to be a material breach of the contract.

17. Any business that enters into a contract for goods or services with the City of Erie shall:

a. Implement an employment nondiscrimination policy prohibiting discrimination in hiring, discharging, promoting or demoting, matters of compensation, or any other employment-related decision or benefit on account of actual or perceived race, color, religion, national origin, gender, physical or mental disability, age, military status, sexual orientation, gender identity, gender expression, or marital or familial status.

b. Not discriminate in the performance of the contract on account of actual or perceived race, color, religion, national origin, gender, physical or mental disability, age, military status, sexual orientation, gender identity, gender expression, or marital or familial status.

c. Comply with all applicable ordinances, statutes and regulations of the City of Erie, Commonwealth of Pennsylvania or Federal Government relating to Equal Employment Opportunity.

18. All bidders must comply with all regulations as documented by Pennsylvania Statutes, Title 73 Trade and Commerce regarding Chapter 25, Steel Products Procurement Act #1881 to 1887.

19. All bidders must comply with all regulations as documented by Pennsylvania Statutes, Title 73 Trade and Commerce regarding Chapter 25A, Motor Vehicle Procurement Act #1891 to 1898.

20. PA ACT 127-2012 Public Works Verification. PA Act 127-2012 generally requires that, as a precondition to contracting for public work, contractors are to submit an E-Verify form to the public body. The E-Verify form verifies that each employee of the contractor and their subcontractors has been cleared through the United States Department of Homeland Security’s E-Verify program, verifying that the employee is eligible to work in the United States of America. The regulations also require that new employees hired by the contractor or subcontractor during a public works contract must be verified within five business days of start date, regardless of whether the employee will be “working onsite or offsite of a public work or otherwise.” 4 Pa. Code .66.5. The Pennsylvania Department of General Services has made the E-Verify form as well as regulatory guidelines available on its website (see below). A copy of the form is included in Attachment C of this document. http://www.portal.state.pa.us/portal/server.pt/community/construction_and_public_works/1235/public_works_employment_verification/1357211

21. The City of Erie reserves the right to terminate this contract for any reason with thirty (30) days written notices to the contract holder.

22. PLEASE SUBMIT THE BID DOCUMENT IN ITS ENTIRETY.

23. Brand names, specific companies, manufacturing concerns, contact names, etc., that may be referred to in these specifications are to be considered as references only, bidders can utilize any source at their disposal to obtain information for their bids.

24. All errors in calculations shall be corrected and the City of Erie shall deem the corrected totals official.

25. The successful bidder shall pay all applicable royalties and licenses fees. The Successful bidder warrants that the sale or use of products and/or services shall not infringe on any United States or foreign patent. The successful bidder undertakes to indemnify the City of Erie against all judgments, decrees, costs and expenses, including attorney’s fees, resulting from any alleged infringement and to defend, upon request of the City of Erie, at its own expense, any action which may be brought against the City of Erie under any claim of patent infringement in the use or sale of the successful bidder’s products and/or services.

26. If any provisions of the contract are found to be illegal or unenforceable, then, notwithstanding such provision, the contract shall remain in full force and effect, and such offensive provision shall be deemed stricken.

27. The awarded contract shall be governed by the laws of the Commonwealth of Pennsylvania.

28. Successful bidder shall be current for all City of Erie taxes, fines, and assessments.

29. All bidders must submit with the bid document the attached completed and signed non-collusion affidavit.

30. Terms of Contract – The contract shall commence upon issuance of Notice to Proceed and shall end upon completion of the work.

INFORMATION FOR BIDDERS

DISCREPANCIES AND ADDENDA

Should a Bidder find any discrepancies in the specifications, or should they be in doubt as to their meaning, they shall notify the Purchasing Office at once through PennBid messaging at https://pennbid.bonfirehub.com/. The City will then send a written addendum to all bidders concerned. Oral instructions or decisions, unless contracted by addenda, will NOT be considered valid, legal or binding. No extras will be authorized because of the failure of the Contractor to include work called for in the addenda, in their bid.

CLEAN-UP

Contractor shall be responsible for maintaining all work areas in a neat and orderly manner. Immediately upon completion, all cleanup shall be performed to the satisfaction of the City’s Cultural & Natural Resource Manager.

SAFETY

The contractor shall comply with all applicable provisions of the Occupational Safety and Health Act throughout the duration of the specified work.

SCHEDULING

Schedule the work to minimize disruptions. Provide ample notification to the City Cultural & Natural Resource Manager. Provide an estimated project schedule before beginning work and update the schedule as required.

CLEAN WORK AREA

During the workday and at the end of each workday. Daily the Contractor will be responsible to remove all materials or debris created from the project. All disposal removal costs shall be included in the base bid.

PROTECTION

The Contractor shall furnish, erect and maintain such barricades, fences, railings, enclosures, guards, lights, signs, danger signals and warnings and take such precautions necessary to protect all potential fall and trip hazards, installations and structures in the area of the work, to ensure the safety of employees, visitors and the general public and to avoid damage or injury to any and all persons and property.

WORK ZONE SAFETY

Work zone safety and protection is a primary issue. The work zone shall be always adequately protected, during working and non-working hours. Protection shall include but not be limited to the above listed items, as necessary. The work zone shall be always kept free of debris.

INTENT

These specifications set forth the general requirements of the City of Erie for this project. It is intended that these specifications shall provide the guidelines necessary to prepare the proposal.

It is the intent of these specifications that the work specified shall be complete in every detail and there shall be no omission of anything necessary for the correct and satisfactory completion of the work even though each item is not specifically mentioned.

All technical references included as part of this Specification shall be considered in full effect though not specifically reproduced here-in.

BIDDING REQUIREMENTS AND CONDITIONS

Each bidder is expected to carefully examine the work sites and the contract documents. The submission of a proposal shall be considered evidence that the bidder has examined and is satisfied as to the conditions to be encountered in performing the work.

At the time of submitting bids, all trees and stumps will be marked with a white, spray-painted “X” or “O” and it shall be assumed each bidder is thoroughly familiar with all existing conditions and facilities affecting his work. The Contractor shall verify trees, addresses, dimensions, depths, etc. at all sites. Any discrepancies are to be brought to the attention of the City Cultural & Natural Resource Manager before submitting a bid. No additional compensation will be allowed because the Contractor(s) failed to verify dimensions and depths.

INTERPRETATION

Requests for clarification or any inquiries regarding this project shall be submitted via the “Ask a Question” feature in PennBid at https://pennbid.bonfirehub.com

AWARD OF CONTRACT/BASIS OF AWARD

The awards will be to the lowest responsible bidder sum calculated using the unit bid prices for the work items stipulated in the bid. The City reserves the right to reject or delete any or all bids and to award all or any part of the bids received. The City reserves the right to make an award to the lowest responsible bidder.

SPECIFICATIONS

These Specifications are intended to provide the information by which prospective bidders may understand the requirements of the City of Erie relative to furnishing labor, material, equipment, tools and services in the performance of Removing Various Trees and Stumps for the City of Erie, Bureau of Planning & Zoning and the Department of Public Works, Property & Parks.

On-Site inspection of the removal of trees and stumps will be made by the Cultural & Natural Resource Manager before authorization of a payment under this proposal.

SCOPE OF WORK

The work consists of furnishing all material, equipment, labor, storage facilities, services, and supervision necessary to remove trees and stumps listed on Addenda A & B to a depth of six (6) inches below adjoining ground level, refill remaining hole with topsoil to ground level and hydro-seeding each work area with grass seed, low-growing sedges, or native no-mow grasses (the latter two are preferred). Trees stumps must be removed and the area hydro-seeded with an approved grass seed mix, low-growing sedges, or native no-mow grasses (the latter two are preferred) no later than thirty (30) days from date of tree removal. Several trees and stumps on this scope of work shall not require filling with topsoil and reseeding, those are marked as such on Addenda A & B.

The Contractor shall use only workers skilled in their trade, having received EHAP training and shall exercise safety precautions during the performance of work.

The Contractor shall not close or obstruct any streets, sidewalks, alleys or passageways unless specifically authorized by the appropriate departments. When it becomes necessary for a street or a portion of a street to be closed for the manipulation of equipment, notice shall be given to the Traffic Division of the Police Department forty-two (42) hours prior to the said manipulation of the equipment. The Cultural & Natural Resource Manager will be available to assist contractor in seeking authorization to close any street, alley or passageway necessary to complete such removal. The contractor shall remove, from the streets, all equipment used and re-open all streets immediately after each day's operations. No timber or debris shall be stored on site. All work sites and lawn areas shall be always raked clean. Sidewalks, driveways and streets shall be swept clean.

Bid prices (provide on Bid Price Proposal Sheets – Attachment A) to include, but is not limited to, the following:

1. Mobilization, Labor, Travel, etc.

2. PA 1-Call Notification

3. Disposal and Removal Costs

4. Site Restoration

CITY CULTURAL & NATURAL RESOURCE MANAGER RESPONSIBILITY

The City Cultural & Natural Resource Manager or designated representative shall have full authority over all work to be performed under the contract and shall inspect each removal to insure proper execution of the contract.

The City Cultural & Natural Resource Manager or designated representative shall designate all locations of trees for removal, which would include various types, widths, heights, shapes, sizes and locations throughout the City. Any Complaint or rejection from the City Cultural & Natural Resource Manager must be promptly corrected by the contractor, at no cost to the City, and to the complete satisfaction of the City Cultural & Natural Resource Manager.

The Bureau Chief of Planning & Zoning shall have the authority to designate a "Cultural & Natural Resource Manager " as a person other than the current City Cultural & Natural Resource Manager.

CONTRACTORS' RESPONSIBILITY

The Contractor shall keep on the Job, during the entire working time, a competent and responsible foreperson who shall be subject to removal upon demand by the City, if in the City's judgment such removal is necessary and desirable in the interest of the work.

The Contractor shall be responsible for maintaining all work areas in a neat and orderly manner.

Tools, equipment, and other paraphernalia shall be always kept in a neat and orderly arrangement.

Dirt and debris, resulting from the contractor's operations, shall not be allowed to collect and must be cleaned up daily and disposed of properly. All disposal/removal costs shall be included in the proposal.

The Contractor shall indemnify and protect the City from any loss and recoveries for damage to life, limb or property occasioned by his acts or negligence or those of his agents, employees or workpeople.

Any problem or disputes resulting in the performance of this contract shall be mediated by the City Cultural & Natural Resource Manager.

The successful bidder while acting as an agent for the City of Erie shall act in a professional and dignified manner when dealing with the public. Any incidents that occur during the performance of this contract could result in contract cancellation and disqualification from future bidding with the City for duration of time allowed by law.

PROTECTION OF WILDLIFE

Inspection Requirement: the Contractor must conduct a thorough visual inspection of the tree(s), canopy, trunk cavities, and immediate surrounding vegetation for active wildlife before any cutting, trimming, or heavy machinery operation begins.

Target Species: This inspection shall specifically look for active bird nests, raptor roosts, bat colonies, squirrel dreys, owl cavities, and active hives of beneficial pollinators (e.g., honeybees).

Work Suspension: If an active nest, cavity home, or protected wildlife species is discovered, the Contractor shall immediately halt all removal operations on that specific tree and notify the City’s Cultural & Natural Resources Manager.

All work conducted by the Contractor must follow the Migratory Bird Treaty Act.

LIVE UTILITIES AND OTHER PROPERTY

The Contractor shall be responsible for contacting the appropriate utility for location of any underground services situated in the work area which could be damaged by the Contractor’s operation.

The Contractor shall properly protect existing public and private property. The Contractor shall assume all responsibility for damage attributable to them for any property upon or passing through the project area or excluded from the work or not owned by the City, such as utility lines, surface improvements, or like items.

When disconnection of underground utilities is required to be made in public thoroughfares, the Contractor shall comply with all applicable federal, state, and local requirements and regulations for the barricading of streets, the removal and restoration of pavement and other pertinent matters.

DISPOSAL OF DEBRIS

The Contractor shall observe all laws and ordinances governing the disposal of debris and is hereby notified that open burning of debris, on the site and in the entire Erie air basin area, is prohibited.

Dirt and debris, resulting from the Contractor's operations, shall not be allowed to collect and must be cleaned up daily and disposed of. All disposal/ removal costs shall be included in the proposal.

It shall be the responsibility of the contractor to visit the site of the proposed work area and fully acquaint himself with the work to be completed.

All wood resulting from the removal of trees and stumps becomes the property of the Contractor, but storage of such materials and equipment, on site, will not be permitted.

Personal property of third persons, or of the occupants of the buildings on the site, shall not become the property of the Contractor.

QUALIFICATIONS

All Bidders shall have a minimum of seven (7) years of experience specializing in this type of work.

GENERAL GUARANTEE

Neither the final certificate of payment, nor any provisions in the contract documents, nor partial or entire use or occupancy of the premises, by the City, shall constitute an acceptance of work not done in accordance with the contract or relieve the Contractor of liability in respect to any express warranties or responsibility for failure to comply with the terms of the contract documents. The City will give notice of observed non-compliance with reasonable promptness.

RISK OF LOSS

The City assumes no responsibility for the condition of trees and other property on the project area, not for their condition existing at time of issuance of the invitation for bids or thereafter.

No adjustment of contract price or allowance for any change in conditions, which may occur after the invitation for bids has been issued, will be made.

PERMITS AND CODES

The Contractor shall give all notices required by and comply with all applicable laws, ordinances and codes of the City of Erie.

All work shall comply with all applicable ordinances and codes, including all written waivers.

The Contractor shall, at their own expense, secure and pay, to the appropriate Department of Local Governments, the fees and charges for all water, barricades, sidewalks, sheds, removal of all water taps, sealing of building connection drains, pavement cuts and repairing of streets and sidewalks and all other building, electrical, plumbing, gas and sewer permits necessary under the local regulator body or any of its agencies, including plans for barricades and fences.

BID PRICES

Bids shall be submitted on a per-tree and/or tree stump basis. In the event of unavailable funds or a reduction of monies, the City of Erie reserves the right to cancel contracts for certain trees or stumps on a priority basis.

Tree stump removal shall be the Contractor's responsibility and must be included in the bid price.

CONTRACT PERIOD

Contract must be completed within 90 calendar days after Notice to Proceed date.

The City of Erie reserves the right to cancel this contract, for any reason, by providing thirty (30) day written notice.

ANTICIPATED WORK SCHEDULE

CONTRACT COMPLETION GUARANTEE

The Contractor shall pay liquidated damages to the City of Erie in the amount of five hundred ($500.00) dollars per calendar day beyond the date specified by the City for completion.

INVOICES

Invoices must be submitted within 30 days days of completion of the project and shall include dates, time worked, number of trees removed, and location of work.

All invoices shall reflect complete tree and stump removal.

Invoices will not be processed unless complete removal of tree, including stump, is accomplished and certified by the Cultural & Natural Resource Manager.

REQUIRED EQUIPMENT AND LABOR FORCE

All equipment to be used and all work to be performed must be in full compliance with the most current revision of the ANSI Z-133.1 STANDARD FOR TREE CARE OPERATIONS and ANSI A-300 STANDARD PRACTICES FOR TREES, SHRUBS, & OTHER WOODY PLANT MAINTENANCE.

These standards are made as part of this proposal by this reference.

As necessary, all equipment must be on hand to utilize throughout the entire contract period and may be inspected by the City Cultural & Natural Resource Manager as to horsepower ratings, models, types and conditions, at any time.

The following is a list of equipment and labor required to bid this contract (Attachment B):

1. Laborers:

a. One (1) qualified working foreman, EHAP trained

b. One (1) crane operator, PA certified, EHAP trained and line clearance certified

c. One (1) bucket operator, PA certified, EHAP trained and line clearance certified

d. One (1) qualified trimmer, EHAP trained and line clearance certified

e. One (1) grounds person, EHAP trained

2. One (1) crane or similar device, 28 Tons and 100’ reach or greater. Bidder must specify on bid the tonnage and model. Crane operators must be EHAP trained, line clearance certified and Pennsylvania Certified.

3. One (1) bucket-type device, 60’ reach or greater. Bidder must specify on bid the make, model. Bucket operator must be EHAP trained and line clearance certified.

4. One (1) log-removal truck. Bidder must specify on bid the make, model and gross vehicle weight.

5. One (1) chipper. Bidder must specify on bid the model and horsepower rating.

6. One (1) stump-removal machine (grinder). Bidder must specify on bid the model and horsepower rating.

7. If any sub-contractor is used, they must also provide proof of insurance requirements, EHAP training and line clearance certifications, as required above.

GENERAL PROVISIONS AND CONTRACT REQUIREMENTS

All Contractors submitting proposals must complete the application in its entirety, including the three (3) Bid Form Pages. Non-compliance of completion of required affidavit, agreement, business information sheet and Bid Form pages will be considered as non-responsive and such proposal will be rejected.

All Contractors must comply with General Bidding Requirements.

The following information should help to clarify any questions regarding the general project requirements:

1. EQUAL EMPLOYMENT OPPORTUNITY

In connection with this project, the Contractor shall not discriminate against any employee or applicant for employment on account of actual or perceived race, color, religion, national origin, gender, physical or mental disability, age, military status, sexual orientation, gender identity, gender expression, or marital or familial status. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other compensation, and selection for training, including apprenticeship.

2. ELIGIBLE CONTRACTOR

The Contractor certifies that it has not been suspended nor debarred from bidding on projects by any jurisdiction. The Contractor certifies that it is not in any conflict due to interests with the CITY.

3. PROHIBITED INTERESTS

No member, officer, or employee of the CITY or other public body in the locality shall have any interest, direct or indirect, in this contract or proceeds thereof either during his tenure or for one year thereafter.

4. NON-COLLUSION

The Contractor shall guarantees that the proposal submitted is not a product of collusion with any other Company and no effort has been made to fix the proposal price of any Company or to fix any overhead, profit or cost element of any proposal price (see required form to be submitted with bid - Attachment D).

5. BID ACCEPTANCE

Each bid shall be submitted with the understanding that written acceptance by the City of (CITY) of the offer to furnish the services described therein, shall constitute a Contract between the Contractor and the CITY. The Contract shall bind the Contractor to furnish and deliver the proposed services, at his proposal prices, and in accordance with conditions of said accepted proposal and specifications. All proposals will be contractor for sixty (60) days from date of Bid submittal prior to receiving a Notice of Award from the CITY. The CITY will issue a Notice of Award and prepare the formal Contract Agreement and include the Contractor’s proposal. The Contract Agreement between the CITY and the successful company shall be executed within ten (10) days of Notice of Award.

6. BID OWNERSHIP

All bids, including attachments, supplementary materials, addenda, etc. shall become the property of the CITY and will not be returned to the sender.

7. BID AWARD

The CITY reserves the right to accept any proposal, or to reject any or all proposals, or to award the contract for the purchase of the services on such basis as the CITY deems to be in its best interest.

8. INDEMNITY AND INSURANCE

The Contractor shall indemnify, defend and hold harmless, the CITY and its employees from any and all claims, demands, suits, actions, costs and expenses therewith on account of the loss of life, property or injury or damage to the person, body or property of any person or persons whatsoever, which shall arise from or result directly or indirectly from the work and/or materials supplied by the Contractor to the CITY under this contract. This indemnification obligation is not limited by but is in addition to the insurance obligations contained in this agreement.

a. The CITY shall not be liable to the Contractor for any payroll taxes, including federal, state and local taxes for its employees. The employees of the Contractor shall not be treated as an employee with respect to this contract for services performed for federal or state tax purposes. The Contractor shall be responsible for paying all taxes as mandated by law.

b. The CITY shall not provide, nor shall the Contractor’s employees participate in any employer benefit of the CITY, including pension, health or other fringe benefits.

The CITY shall not obtain worker’s compensation insurance on behalf of the employees of the Contractor who provide service to the CITY. The Contractor shall comply with the worker’s compensation law concerning its business and its employees.

9. TERMINATION OF CONTRACT

The CITY, by written notice to the Contractor, may terminate the Contract if the Contractor has been found to fail to perform his services in a manner satisfactory to the CITY as per specifications, including delivery as specified. The date of termination shall be stated in the notice. The CITY shall be the sole judge of non-performance.

The CITY may cancel the Contract upon 30 days written notice for cause or reasons other than cause.

10. SUBCONTRACTING

It is expected that the Contractor’s assigned project team shall be responsible for completing all work tasks. Subcontracting must be detailed in the Contractor’s original work program. Additional subcontracting shall be done only upon approval by the CITY in accordance with the provisions of the Contract Agreement.

11. CONTRACT PREPARATION/NOTICE TO PROCEED

The CITY shall prepare a written Agreement for execution between the Contractor and the CITY. The general provisions of this bid document, the company’s proposal, the Scope of Services, and any additional services offered by the company shall be made a part of the Agreement.

The Contractor shall have authorization to proceed upon acceptance, execution and return of the Agreement and issuance of the Notice to Proceed.

12. COMPLIANCE WITH LAWS

The Contractor shall at all times observe and comply with all laws, ordinances, regulations and codes of the federal, state, city and other local government agencies, which may in any manner affect the preparation of proposals or the performance of the contract.

13. EXAMINATION BY CONTRACTOR

The Contractor shall, before submitting the proposal, carefully examine the bid documents and all available materials related to the program. Once the bid is accepted, the Contractor will be responsible for all errors in the bid proposal resulting from failure or neglect to comply with these instructions. The CITY will, in no case, be responsible for any change in anticipated profits resulting from that failure or neglect.

14. INTERPRETATION OF CONTRACT

The CITY will not furnish oral interpretations of the Contract Documents. If a prospective Contractor desires an interpretation, that company should request the interpretation. Any inquiry received five (5) or more days before the date fixed for opening of bids will be considered.

Every interpretation or revision will be in the form of a written addendum to the Contract Documents and, when issued will be on file in the office of the City Cultural & Natural Resource Manager for the CITY at least five (5) days before proposals are opened. Although each addendum will be mailed to each bid holder, it shall be the Contractor’s responsibility to inquire if addenda have been issued. All that addenda shall become part of the Contract and attached to it and all Contractors shall be bound by such addenda.

15. IRREGULARITIES AND CHANGES

The CITY reserves the right to waive irregularities and informalities in proposals, and to interpret ambiguities, and decide inconsistencies that may appear in any proposal, when in the opinion of the CITY public interest will best be served by such waiver.

It is the intention to award the contract or contracts to the single Contractor that best meets the requirements of the CITY. The CITY reserves the right to reject all proposals or to accept any proposal or part of it that in its judgment will be in the best interest of the public.

Proposals that contain omissions, erasures, alterations, or additions not called for, conditional or alternate bids not called for, or which are irregular in any way, or proposals otherwise regular, may be rejected as informal or insufficient.

16. LAWS AND REGULATIONS

The Contractor’s attention is directed to the fact all applicable federal, state and municipal laws, ordinances, rules and regulations, and codes of all authorities having jurisdiction over the work in the locality of the project shall apply to the contract throughout and they are deemed to be included here as if written out in full.

17. INSURANCE REQUIREMENTS

Contractor’s General Public Liability and Property Damage Insurance including vehicle coverage issued to the Contractor and protecting him from all claims for destruction of or damage to property, arising out of or in connection with any operations under the Contract Documents, whether such operations be by himself or by any sub-contractor under him, or anyone directly or indirectly employed by the Contractor or by a sub-contractor under him. Insurance shall be written with a limit of liability not less than $1,000,000 for all damages arising out of bodily injury, including death, at any time resulting therefrom, sustained by any one person in any one accident; and a limit of liability of not less than $2,000,000 for any such damages sustained by two or more persons in any one accident. Insurance shall be written with a limit of liability of not less than $1,000,000 for all property damage sustained by any one person in any one accident; and a limit of liability of not less than $2,000,000 for any such damage sustained by two or more people in any one accident.

18. BID, PERFORMANCE AND PAYMENT BONDS

Each Bid must be accompanied by a Bid Bond payable to the Owner in the form of a Certified Cashier’s Check or Certificate of Deposit in the sum of two thousand five hundred dollars ($2,500). The Bonds will be retained until the Payment Bond and Performance Bond of the Successful Bidder has been executed and approved after which the Bid Bonds will be returned, if in the form of a check. Cash, personal, or corporate checks are not acceptable.

Contractor shall furnish Performance and Payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all Contractor’s obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents.

19. PAYMENT

The Contractor shall submit billings monthly for payment, which shall be reviewed by the City Cultural & Natural Resource Manager and same shall be paid upon approval within 30 days of billing.

20. TIME FOR COMPLETION AND LIQUIDATED DAMAGES

The date of beginning and the time for completion of the work are essential conditions of the Contract Documents and the work embraced shall be commenced on a date specified in the Notice to Proceed. Once the work has commenced, should the Contractor fail to perform, as specified, the services required and agreed to, the CITY will have been damaged by that lack of performance.

The Contractor will proceed with the work with all possible energy and dispatch, giving preference to such portions thereof as the City Cultural & Natural Resource Manager may require, to insure full completion within the Contract Time. It is expressly understood and agreed, by and between the Contractor and the Owner, that the Contract Time for the completion of the work described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the work.

Since it is difficult to define the amount of damage caused, Contractor shall agree to the following liquidated damages:

If the Contractor shall fail to complete the work within the Contract Time, or extension of time granted by the Owner, then the Contractor will pay to the Owner the sum of $500.00 for each calendar day that the Contractor shall be in default after the time stipulated in the Contract Documents.

The Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due to the following, and the Contractor has promptly given written notice of such delay to the Owner or City Cultural & Natural Resource Manager:

To unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including but not restricted to, Acts of God, or of the public enemy, acts of the Owner, acts of another Contractor in the performance of a contract with the Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and abnormal and unforeseeable weather.

21. WARRANTY

All equipment and work will be warranted for a period of one (1) year from the date of project completion.

22. TERM

The term of this contract shall commence upon issuance of Notice to Proceed and shall end upon completion of the work.

ATTACHMENT A

BID PRICE PROPOSAL

BID FORM: Removal of Trees and Stumps – Various Locations

We, the undersigned, propose to remove the trees and stumps listed below for the City of Erie, in conformity with the specifications, general terms and conditions, hereto attached, for the prices indicated below.

TOTAL AMOUNT # 6565-2026

IN WORDS:__________________________________________________________________

___________________________DOLLARS AND _____________________________ CENTS

IN FIGURES: __________________________________________

Company Name ____________________________________

Address ____________________________________

Company Phone ____________________________________

Fax __________________

Email ____________________________________

Contact Name ____________________________________

Authorized Signature ____________________________________

Date __________________

PROPOSAL

, 2026

City Council of the City of Erie, Pennsylvania

We, the undersigned, propose to furnish and deliver items listed within five (5) working days from the date of order, for the City of Erie, in conformity with the specifications, general terms and conditions, hereto attached, for prices listed below.

If, for any reason, the successful bidder cannot meet this delivery requirement, the City of Erie reserves the right to purchase the required products from any responsible vendor.

Also, in emergency situations, the City of Erie reserves the right to deviate from the five (5) day delivery period and purchase the required products from any responsible vendor.

BID BOND

Each proposal must be accompanied by a bid bond in the form of a corporate surety bond, certified cashier’s check, or certificate of deposit in the sum of two thousand five hundred dollars ($2,500). Cash, personal or corporate checks are not acceptable. Proposals will not be accepted without a bid bond.

The product to be furnished by us is hereby declared and guaranteed to be in conformance with the specifications of the City of Erie. The undersigned do agree, should this proposal be accepted, to execute the form of contract (and bonds, if demanded), and present the same to the City Purchasing Department within ten (10) days after being notified of the awarding of the contract.

The undersigned do further agree that failure to execute and deliver said forms of contract within ten (10) days will result in damages to the City of Erie and, as guarantee of the payment of the same, a bond with corporate surety, certified check, certificate of deposit, cashier’s check or cash is enclosed, accompanying this proposal and the same may be collected upon such failure, on account of such damages, which is hereby agreed shall be no less than the amount of said bond, check, deposit or cash.

Nothing herein shall be construed to limit the right of the City of Erie to collect additional damages upon proof by the City of greater damages by reason of failure to execute and deliver such contract; and the undersigned do hereby expressly waive any right at law or in equity to any accounting from the City of Erie of particular items or elements of such damages and also, to demand or claim upon such bond, certified check, certificate of deposit, cashier’s check or cash, or any part thereto and agree that no action by the City Council by resolution or otherwise shall be necessary to enable City Council to retain the amount of proceeds of said deposits.

PROPOSAL CONTINUED

The Purchasing Department of the City of Erie has the exclusive right to retain all surety bonds, certified check, certificate of deposit, cashier’s check or cash as penalty in the event of failure to deliver stated goods and/or services in the time allocated per the bid and the purchase order.

Note: a signed contract is not recognized by the City Purchasing Department as a bona fide legal document of order unless accompanied by a signed purchase order or other authorization from the City Purchasing Department.

IN WITNESS WHEREOF, WE HAVE HEREUNTO SUBSCRIBED OUR NAMES ON THIS _________ DAY OF _________________, ____________ IN THE CITY OF ________________________________.

WITNESS: __________________________________

WRITTEN SIGNATURE

ATTACHMENT B

REQUIRED SPECIFICATIONS

REQUIRED EQUIPMENT LIST

As necessary, all equipment must be on hand to utilize throughout the entire contract period.

1. Laborers:

a. One (1) qualified working foreman, EHAP trained

b. One (1) crane operator, PA certified, EHAP trained and line clearance certified

c. One (1) bucket operator, PA certified, EHAP trained and line clearance certified

d. One (1) qualified trimmer, EHAP trained and line clearance certified

e. One (1) grounds person, EHAP trained

2. One (1) crane or similar device, 28 Tons and 100’ reach or greater. Specify the tonnage, length and model:

Crane operator must be EHAP trained, line clearance certified and Pennsylvania Certified.

3. One (1) bucket-type device, 60’ reach or greater. Specify the length, make and model:

Bucket operator must be EHAP trained and line clearance certified.

4. One (1) log-removal truck. Specify make, model and gross vehicle weight:

5. One (1) chipper. Specify model and horsepower rating:

6. One (1) stump-removal machine (grinder). Specify model and horsepower rating:

Other Equipment:

ATTACHMENT C

PUBLIC WORKS EMPLOYMENT VERIFICATION FORM

PUBLIC WORK EMPLOYMENT VERIFICATION ACT

General. In accordance with Act 127 of 2012, known as the Public Works Employment Verification Act (“the Act”), effective January 1, 2013, 43 P.S. §§167.1-167.11, use the Federal Government’s E-Verify system to ensure that all employees performing work on the project, including subcontractor’s employees, are authorized to work in the United States.

Verification Form. Verify the employment eligibility of each new employee hired after January 1, 2013 and submit the Commonwealth Public Works Employment Verification Form (“Form”) included in the bid package attachments to the Department.

Contractor. Fax the Form, signed by authorized representative of the Contractor, possessing sufficient knowledge to make the representations and certifications in the Form to Contract Awards at 717-705-1504 within 7 days of the bid opening. Failure or refusal to provide the Form will be considered a refusal to comply with bidding requirements, will result in rejection of the bid, and will be subject to the enforcement activities, sanctions and civil penalties specified in the Act.

Subcontractor. Obtain a signed Form from every subcontractor performing work on the project, signed by authorized representative of the subcontractor, possessing sufficient knowledge to make the representations and certifications in the Form and submit it to the Representative when requesting subcontractor approval. Failure or refusal to provide the Form will be considered a refusal to comply with subcontractor approval requirements, will result in rejection of the subcontractor request, and will subject the subcontractor to the enforcement activities, sanctions and civil penalties specified in the Act.

Include information about the requirements of the Act in all the subcontracts.

The Department of General Services is the Commonwealth agency responsible for enforcement and administration of the Act. Please direct questions about the Act to:

COMMONWEALTH OF PENNSYLVANIA

PUBLIC WORKS EMPLOYMENT VERIFICATION FORM

Date __________________

Business or Organization Name (Employer) _____________________________________

Address _________________________________________________________________

City __________________________________ State __________ Zip Code ___________

Contractor Subcontractor (check one) Contracting Public Body _____________________________________________________ Contract/Project No ________________________________________________________ Project Description _________________________________________________________ Project Location ___________________________________________________________ As a contractor/subcontractor for the above referenced public works contract, I hereby affirm that as of the above date, our company is in compliance with the Public Works Employment Verification Act ('the Act') through utilization of the federal E-Verify Program (EVP) operated by the United States Department of Homeland Security. To the best of my/our knowledge, all employees hired post January 1, 2013 are authorized to work in the United States.

It is also agreed to that all public works contractors/subcontractors will utilize the federal EVP to verify the employment eligibility of each new hire within five (5) business days of the employee start date throughout the duration of the public works contract. Documentation confirming the use of the federal EVP upon each new hire shall be maintained in the event of an investigation or audit.

I, ___________________, authorized representative of the company above, attest that the information contained in this verification form is true and correct and understand that the submission of false or misleading information in connection with the above verification shall be subject to sanctions provided by law.

Authorized Representative Signature

ATTACHMENT D

NON-COLLUSION AFFIDAVIT

NON-COLLUSION AFFIDAVIT

I , the ____________________________________

(NAME) (TITLE)

OF , certify and make this affidavit

(VENDOR, COMPANY, AGENCY)

on behalf of my company agency, or brokerage and its owners, directors, and officers that I am the person responsible for the pricing quoted in this bid for the City of Erie to which this affidavit forms a part.

I, by my signature on this form, certify that:

1. That the pricing reflected in this bid have been arrived at independently and without outside influence, communications, or collusion from any other bidder,…