ASH TREE TREATMENT 2018 RFB.pdf

Bid Documents for

ASH TREE TREATMENTS 2018

CITY OF SUN PRAIRIE

RFB #-18-PW05

Prepared by:

City of Sun Prairie

Department of Public Works 300 East Main Street

Sun Prairie, Wisconsin 53590

CONTRACT DOCUMENTS

FOR RFB 18-PW05

For information on this BID, please contact:

Scott VanOmmeran, Parks and Forestry Supervisor

City of Sun Prairie 300 East Main Street

Sun Prairie, WI. 53590

(608) 825-0723

Svanommeran@cityofsunprairie.com

BIDDER’S NAME: __________________________________________________

ADDRESS: ________________________________________________________

PHONE NUMBER: __________________________________________________

O F F I C I A L N O T I C E

CITY OF SUN PRAIRIE, WISCONSIN

RFB – 18-PW05

The City of Sun Prairie Public Works - Forestry Department will receive written bids for ASH TREE TREATMENTS 2018 until 2 p.m. local time, Thursday, March 15 at the City Clerk’s Office, 300 East Main Street, Sun Prairie, Wisconsin, 53590, at which time the bids will be publicly opened and read aloud.

Bids are invited on the following work:

The City of Sun Prairie is seeking to enter into contract for the management of ash trees against the invasive beetle, Emerald Ash Borer (Agrilus planipennis). Treatment will be done using the injected systemic insecticides Tree-äge in a micro-encapsulated liquid formulation of 4% Emamacetin Benzoate specifically labeled for trunk injection to control Emerald Ash Borer in ash species (Fraxinus spp.) Bidders are encouraged to bid on any or all of the treatment blocks. The total number of trees treated and treatment products used will be determined by the City after review of the trees for health prior to the beginning of the treatment period. All trees are located on street terraces and park land in open lawn type areas.

Treatment Guidelines for Emerald Ash Borer

Tree IV Air Hydraulic/ QUIK-Jet Set to (3) Milliliters Tree

Diameter in Inches (DBH)

Total Milliliters per Tree

Injection Sites per Tree

Tree Diameter in Inches

(DBH)

Milliliters of Tree-äge per Injection Site

Total Milliliters per Tree

Injection Sites per Tree 7 20 4 7 6 24 4 8 25 4 8 6 24 4 9 30 4 9 6 30 5

10 30 4 10 6 30 6 11 40 4 11 6 36 6 12 40 4 12 6 36 6 13 45 4 13 6 42 7 14 50 4 14 6 48 8 15 60 8 15 9 63 7 16 65 8 16 9 72 8 17 75 8 17 9 72 8 18 80 8 18 9 81 9 19 90 8 19 9 81 9 20 110 8 20 12 108 9 21 120 8 21 12 120 10 22 135 8 22 12 132 11 23 150 8 23 12 144 12 24 155 8 24 12 144 12 25 160 8 25 12 156 13 26 170 8 26 12 168 14 27 180 12 27 12 180 15 28 195 12 28 15 195 13 29 210 12 29 15 210 14 30 225 12 30 15 225 15

The ash trees in the treatment block above are derived from an inventory done by City staff in September 2017.

* Details of these ash trees including street address and DBH and location on a neighborhood zone map are available upon request.

Additional trees may not be added by the contractor or adjacent property owners. The City of Sun Prairie is not offering EAB treatment services to private property owners.

Record Keeping Contractor shall keep records of all pesticide applications in accordance with laws and regulations administered by WDATCP. Application record components shall include the name and license number of the individual who applied the pesticide, the date and approximate starting and ending times of the application, the locations of sites (tree ID # is sufficient) where the pesticide was applied, the EPA registration number and either the brand or product name of the pesticide, the pesticide application rate and the total quantity of pesticide applied, and the location, if other than a licensed business location, at which the pesticide was mixed and or loaded into the application equipment.

Contractor shall submit copies of the records to the Parks & Forestry Supervisor upon completion of the project.

Contractor Signage

The Contractor must post warning signs with company logo on or around any treated tree identifying the insecticide injections.

The Contractor will not be allowed to post signs for marketing and advertising their business.

Posting Requirement Warning signs must be posted to be clearly visible to the public and adjacent to the treated tree.

Warning signs must remain posted until sunset of the day following the application, or sunset of the day on which the restricted entry interval on the pesticide label expires, whichever is later.

A warning sign for each pesticide application near school grounds must remain in place for at least 72 hours following the application.

At no time is the injection equipment or tools to be left unattended.

Plans and bid documents are published on bid distribution networks DemandStar and VendorNet.

All applicable charter and statutory provisions are incorporated into said Contract. The successful bidder shall be required to conform to all Federal and State OSHA requirements, as well as to the extent necessary, to comply with David-Bacon and/or Wisconsin Prevailing Wage Laws.

The City of Sun Prairie reserves the right to reject any or all bids or to waive any informalities in the bidding process.

Bids may be held by the City of Sun Prairie for a period not to exceed sixty (60) days from the bid opening for the purpose of reviewing the bids and investigating the qualifications of the bidders, prior to awarding of the Contract.

INSTRUCTIONS TO BIDDERS

1. DEFINED TERMS

Terms used in these Instructions to Bidders, which are defined in the Standard General Conditions of the Construction Contract, have meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid directly to Owner, as distinct from a sub-bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom Owner (based on Owner's evaluation as thereinafter provided) makes an award. The term "Bidding Documents" includes the Official Notice, Instructions to Bidders, the Bid Form and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids).

2. COPIES OF BIDDING DOCUMENTS

2.1 Complete sets of Bidding Documents must be used in preparing Bids; neither the City nor the Public Works-Forestry Department assumes any responsibility for errors in misinterpretations resulting from the use of incomplete sets of Bidding Documents.

2.2 The City and Public Works Department in making copies of bidding documents available on the above terms do so only for the purpose of obtaining bids on the work and do not confer a license or grant for any other use.

3. QUALIFICATIONS OF BIDDERS

To demonstrate qualifications to perform the work, each Bidder must be prepared to submit within five days of the City's request written evidence, such as financial data, previous experience, present commitments and other such data as may be called for below (or in the Supplementary Instructions). Each Bid must contain evidence of Bidder's qualifications to do business in Wisconsin or covenant to obtain such qualifications prior to award of the contract.

4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE

4.1 It is the responsibility of each Bidder before submitting a Bid to:

a. Examine the Contract Documents thoroughly;

b. Visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the work. Bidder is responsible for the final and complete accurate measurement of all areas of the work and must submit their bid based on their measurement.

c. Consider Federal, State, and local laws and regulations that may affect cost, progress, performance or furnishing of the work;

d. Study and carefully correlate Bidder's observations with the Contract Documents, and

e. Notify the Public Works- Forestry Department of all conflicts, errors or discrepancies in the Contract Documents.

4.2 On request in advance, the City will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall clean up and restore the site to its former condition upon completion of such explorations (if any).

4.3 The submission of a Bid will constitute an incontrovertible representation by Bidder that the Bidder has complied with every requirement of Article 4, that without exception the Bid is premised upon performing and furnishing the work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the work.

5. INTERPRETATIONS AND ADDENDA

5.1 All questions about the meaning or intent of the Contract Documents are to be directed to the Public Works- Forestry Department. Interpretations or clarifications considered necessary by the Public Works- Forestry Department in response to such questions will be issued by Addenda mailed to all parties recorded by the Public Works-Forestry Department as having received the Bidding Documents.

5.2 All requests for interpretation must be received at least five days prior to the date fixed for the opening of Bids. Addenda will be mailed no later than three days prior to the date fixed for the opening of Bids.

Failure of any Bidder to receive any such Addendum or interpretation shall not relieve such Bidder from any obligations under his Bid as submitted. All Addenda so issued shall become part of the Contract Documents.

5.3 Oral and other interpretations or clarifications will be without legal effect.

5.4 Addenda may also be issued to modify the Bidding Documents as deemed advisable by the City or the Public Works-Forestry Department.

6. CONTRACT TIME

The numbers of days within which, or the dates by which, the work is to be substantially completed and ready for final payment (the Contract Time) are set forth in the Bid Form and the Agreement.

7. LIQUIDATED DAMAGES

Provisions for liquidated damages, if any, are set forth in the Agreement.

8. SUBSTITUTE OR "OR-EQUAL" ITEMS

The contract, if awarded, will be on the basis of materials and equipment described in the drawings or specified in the Specifications without consideration of possible substitute or "or-equal" items. Whenever it is indicated in the drawings or specified in the specifications that a substitute or "or-equal" item of material or equipment may be furnished or used by Contractor if acceptable to the Public Works-Forestry Department Supervisor, application for such acceptance will not be considered by the Public Works- Forestry Department Supervisor, until after the effective date of the Agreement.

9. SUB-CONTRACTORS, SUPPLIERS AND OTHERS

9.1 If the Supplementary Conditions require the identity of certain Sub-Contractors, suppliers and other persons and organizations (including those who are to furnish the principal items of material and equipment) to be submitted to the City in advance of the specified date prior to the effective date of the Agreement, the apparent successful Bidder, and any other Bidder so requested, shall within seven days after the bid opening submit to the City a list of all such Sub-Contractors, suppliers and other persons and organizations proposed for those portions of the work for which such identification is required.

Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Sub-Contractor, supplier, other person or organization, either may before the Notice of Award is given request the apparent successful Bidder to submit an acceptable substitute without an increase in Bid price. If apparent successful Bidder declines to make any such substitution, the City may award the contract to the next lowest Bidder that proposes to use acceptable Sub-Contractors, suppliers and other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any Bidder.

Any Sub-Contractor, supplier, other person or organization listed and to whom the City or the Building Maintenance Supervisor does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to the City and the Public Works-Forestry Department Supervisor subject to revocation of such acceptance after the effective date of the Agreement.

9.2 In contracts where the Contract Price is on the basis of cost of the work plus a fee, the apparent successful Bidder, prior to the Notice of Award, shall identify in writing to the City those portions of the work that such Bidder proposes to subcontract and after the Notice of Award may only subcontract other portions of the work with the City's written consent.

9.3 No Contractor shall be required to employ any Sub-Contractor, supplier, other person or organization against which Contractor has reasonable objection.

10. INCOME TAX

All Bidders, whether a corporation, partnership, or individual, who are nonresidents of the State of Wisconsin, shall comply with Section 71.10 (14) of the Wisconsin Statutes.

11. SALES AND EXCISE TAX

The city of Sun Prairie and its agencies are exempt from payment of all federal tax and Wisconsin state and local taxes on its purchases except Wisconsin excise tax. Each Bid shall include all taxes in effect at the time the Bid is submitted. Bidders who are uncertain as to what items are subject to tax, or who required further explanation or clarification, are requested to contact the Wisconsin Department of Taxation, State Office Building, Madison, Wisconsin. If the tax laws are subsequently amended by legislation during the life of this Contract, the Contract will be adjusted to reflect the net change caused by such amendment.

12. BID FORM

12.1 All blanks on the Bid Form must be completed in ink. The price of each item on the form must be stated in words and numerals. In case of a conflict, words will take precedence.

12.2 Bids by corporations must be executed in the corporate name by the President or Vice President (or other corporate office accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the Secretary or an Assistant Secretary. The corporate address and state of incorporation must be shown below the signature.

12.3 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and official address for the partnership must be shown below the signature.

12.4 All names must be printed below the signature.

12.5 The bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which must be filled in on the Bid Form).

12.6 The address and telephone number of communications regarding the Bid must be shown.

12.7 All Bids must be signed before a Notary Public or other Officer authorized to administer oaths.

13. SUBMISSION OF BIDS

Bids shall be submitted at the time and place indicated in the Advertisement to Bid and shall be enclosed in an opaque sealed envelope, marked with the project title (and, if applicable, the designated portion of the project for which the Bid is submitted) and name and address of the Bidder and accompanied by the bid security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it.

No bid will be considered which is received after the closing time.

14. MODIFICATION OR WITHDRAWAL OF BIDS

Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids.

15. OPENING OF BIDS

Bids will be opened and (unless obviously non-responsible) read aloud publicly. An abstract of the amounts of the base bids and major alternates (if any) will be made available to Bidders after the opening of Bids.

Upon opening of bids, the city of Sun Prairie shall become the owner of all submitted bids and bids are subject to open records requests.

16. BIDS TO REMAIN SUBJECT TO ACCEPTANCE

All Bids will remain subject to acceptance for sixty days after the day of the Bid opening, but the City may, in its sole discretion, release any Bid and return the Bid security prior to that date.

17. PUBLIC RECORD LAW COMPLIANCE

It is the intention of City to maintain an open and public process in the solicitation, submission, review, and approval of contacts.

a. The parties acknowledge that City is a municipal corporation legally bound to comply with the Wisconsin Public Records Law and Open Meetings Law (see sections 19.32-19.39 and 19.81-19.98, Wis. Statutes) and that, unless otherwise clearly allowed by law to be an exception to the Public Record Law and confidential, all aspects of this agreement are subject to open disclosure and are a matter of public record. It is further agreed to that neither party will take any action to obstruct the operation of these laws. To comply with any request under said Public Record Law, the provider/contractor herein shall produce copies of all materials, gathered or produced or modified pursuant to this Contract to City, in their original (i.e., electronic or digital, etc.) format at actual cost of reproduction, without profit. According to Wisconsin case law, even if records are created or maintained by, or in the custody of, the provider as an independent contractor, they, along with the raw data used to create the record, are nevertheless public records that must be made available to the public within a reasonable time and without delay upon request by any person, and in the format in which they were created. Provider/contractor agrees to hold City, its agents, officials and employees harmless and to indemnify them and City for all costs, fees, including all reasonable attorney fees and expenses of all kinds, and any judgments, orders, injunctions, writs of mandamus, and damages or expense of whatever kind for which City or its agents, officials or employees may expend or be held liable due to the Provider/contractor’s failure to comply with the Wisconsin Public Records and Open Meetings laws, or with this Agreement.

b. Any Public Records Law request received directly by a contractor related to this Contract with City shall immediately be reported to the City Administrator.

18. AWARD OF CONTRACT

18.1 The City reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the work and to negotiate contract terms with the successful Bidder, and the right to disregard all non-conforming, non-responsive, unbalanced or conditional Bids. Also, the City reserves the right to reject the Bid of any Bidder if the City believes that it would not be in the best interest of the project to make an award to the Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by the City.

18.2 Discrepancies in the multiplication of units of work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

18.3 Bids which are incomplete, unbalanced, conditional or obscure or which contain additions not called for, erasures, alterations, or irregularities of any kind, or which do not comply with the Instructions to Bidders may be rejected at the option of the City.

18.4 In evaluating Bids, the City will consider the qualifications of the bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award.

18.5 The City may make such investigations as it deems necessary to determine the ability of the bidder to perform the work, and the Bidder shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any Bid if the evidence submitted by, or investigation of, such Bidder fails to satisfy the City that such Bidder is properly qualified to carry out the obligations of the Contract Documents and to complete the work contemplated therein.

18.6 The City shall be satisfied that the Bidder involved:

1. maintains a permanent place of business;

2. has adequate plant equipment to do the work properly and expeditiously;

3. has a suitable financial status to meet obligations incident to the work;

4. has appropriate technical experience; and

5. can submit a satisfactory performance record.

18.7 The City may consider the qualifications and experience of Sub-Contractors, suppliers, and other persons and organizations proposed for those portions of the work as to which the identity of Sub-Contractors, suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions. The City also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the work when such data is required to be submitted prior to the Notice of Award.

18.8 The City may conduct such investigations as the City deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed Sub-Contractors, suppliers, and other persons and organizations to perform and furnish the work in accordance with the Contract Documents to the City's satisfaction with the prescribed time.

18.9 If the contract is to be awarded, it will be awarded to the lowest Bidder whose evaluation by the City indicates to the City that the award will be in the best interest to the project.

18.10 If the contract is to be awarded, the City will give the successful Bidder a Notice of Award within sixty (60) days after the day of the Bid opening.

20. CANCELLATION

The City of Sun Prairie reserves the right to cancel any contract in whole or part without penalty due to no appropriation of funds or for failure of the Contractor to comply with the terms, conditions, and specifications of this contract.

21. SIGNING OF AGREEMENT

When the City gives a Notice of Award to the successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached.

Within 15 days thereafter, Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to the City. Within 10 days thereafter the City shall deliver one fully signed counterpart to Contractor. In case the successful Bidder fails to sign the Agreement within the above prescribed time, the City may at its' option consider that the Bidder has abandoned the contract.

22. TERMINATION OF CONTRACT

The City of Sun Prairie may terminate the contract at any time at its sole discretion by delivering 30 days written notice to the Contractor. Upon termination, the agency’s liability will be limited to the pro rata cost of the services performed as of the date of the termination plus expenses incurred with the prior written approval of the agency. In the event that the Contractor terminates the contract, for any reason whatsoever, it will refund to the agency within 30 days of said termination, all payments made hereunder by the agency to the Contractor for work not completed or not accepted by the agency. Such termination will require written notice to that effect to be delivered by the Contractor to the agency not less than 30 days prior to said termination.

24. PAYMENT TERMS AND INVOICING

The City of Sun Prairie normally will pay properly submitted vendor invoices within 30 days of receipt providing goods and/or services have been delivered, installed, and accepted as specified. Invoices presented for payment must be submitted in accordance with instructions contained on the purchase order including references to purchase order number and submittal to the correct address for processing. A good faith dispute creates an exception to prompt payment.

25. INSURANCE REQUIREMENTS (Professional)

Unless otherwise specified in this Agreement, the Contractor shall, at its sole expense, maintain in effect at all times during the performance of the Work, insurance coverage with limits not less than those set forth below with insurers and under forms of policies set forth below.

Worker’s Compensation and Employers Liability Insurance – The Contractor shall cover or insure under the applicable Wisconsin labor laws relating to worker’s compensation insurance, all of their employees in accordance with the law in the State of Wisconsin. The Contractor/Consultant shall provide statutory covers for work related injuries and employer’s liability insurance with limits of $1,000,00 each accident, $1,000,000 disease policy limit, and $1,000,000 disease each employee.

Commercial General Liability and Automobile Liability Insurance – The Contractor/Consultant shall provide and maintain the following commercial general liability and automobile liability insurance:

Coverage – Coverage for commercial general liability and automobile liability insurance shall be at least as broad as the following:

1. Insurance Services Office (ISO) Commercial General Liability Coverage (Occurrence Form

CG 0001)

2. Insurance Services Office (ISO) Business Auto Coverage (Form CA 0001), covering Symbol 1 (any vehicle).

Limits – The Contractor/Consultant shall maintain limits no less than the following:

1. General Liability – One million dollars ($1,000,000) per occurrence ($2,000,000 general aggregate if applicable) for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the project/location (with the ISO CG 2503, or ISO CG 2504 endorsement provided to the City of Sun Prairie) or the general aggregate including product-completed operations aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability – One million dollars ($1,000,000) for bodily injury and property damage per occurrence limit covering all vehicles to be used in relationship to the Agreement.

3. Umbrella Liability – Five million dollars ($5,000,000) for bodily injury, personal injury and property damage per occurrence in excess of coverage carried for Employers’ Liability, Commercial General Liability and Automobile Liability as described above.

4. Professional Liability – One million dollars ($1,000,000) per claim and annual aggregate.

Required Provisions – The general liability and automotive liability policies are to contain or be endorsed to contain the following provisions:

1. The City of Sun Prairie, its elected and appointed officials, officers, employees or authorized representatives or volunteers are to be given additional insured status (via ISO endorsement CG 2010, CG 2033 for general liability coverage) as respects: liability arising out of activities performed by or on behalf of the Contractor(s); products and completed operations of the Contractor(s); premises occupied or used by the Contractor(s); and vehicles owned, leased, hired or borrowed by the Contractor(s).

2. The coverage shall contain no special limitations on the scope of protection afforded to the City of Sun Prairie, its elected and appointed officials, officers, employees or authorized representatives or volunteers.

3. For any claims related to this project, the Contractor’s insurance shall be primary insurance as respects the City of Sun Prairie, its elected and appointed officials, officers, employees or authorized representatives or volunteers. Any insurance, self-insurance, or other coverage maintained by the City of Sun Prairie, its directors, officers, employees, or authorized representatives or volunteers shall not contribute to it.

4. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Sun Prairie, its elected and appointed officials, officers, employees or authorized representatives or volunteers.

5. The Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

6. Each insurance policy required by this agreement shall state, or be endorsed to state, that coverage shall not be canceled by the insurance carrier or the Contractor, except after sixty ((60) days) (10 days for non-payment of premium) prior written notice by U.S. mail has been given to the City of Sun Prairie.

7. Such liability insurance shall indemnify the City of Sun Prairie, its elected and appointed officials, officers, employees or authorized representatives or volunteers against loss from liability imposed by law upon, or assumed under contract by, the Contractor for damages on account of such bodily injury (including death), property damage, personal injury, completed operations, and products liability.

8. The general liability policy shall cover bodily injury and property damage liability, owned and non-owned equipment, blanket contractual liability, completed operations liability with a minimum of a 24-month policy extension, explosion, collapse, underground excavation, and removal of lateral support, and shall not contain exclusions for what is commonly referred to by the insurers as the “XCU” hazards. The automobile liability policy shall cover all owned, non-owned, and hired vehicles. All of the insurance shall be provided on policy forms and through companies satisfactory to the City of Sun Prairie, and shall have a minimum A.M.

Best’s rating of A- VII.

BID FORM

CITY OF SUN PRAIRIE, WISCONSIN

ASH TREE TREMENTS 2018

RFB – #18-PW05

Bids will no longer be received after 2 p.m., local time, March 15, 2018 BID OPENING: 2 p.m., local time, March 1, 2018

City Hall 300 E. Main St. Second Floor Caucus Room

PROPOSAL TO THE CITY OF SUN PRAIRIE, WISCONSIN

In conformity with the Official Notice listed herein, the undersigned Bidder, having examined the site of the work and the Contract Documents, and being familiar with the conditions to be met, hereby submits the following proposal for furnishing the material, equipment, labor and everything necessary for the completion of the work listed thereunder, and agrees to execute the proposed contract and furnish the required bonds for the completion of said work, at the locations and for the prices set forth on the inside pages of this form.

The undersigned bidder deposits herewith cash, a certified check payable to the City of Sun Prairie, or an approved license surety corporation bid bond, when a bond is indicated in said notice, in the sum designated in said notice, and hereby agrees that in the event the undersigned bidder shall fail to execute in triplicate the Contract with approved licensed corporation bonds bound thereto and return same to the office of the Public Works-Forestry Department Supervisor within 10 calendar days after the date appearing on the written notice by the Public Works- Forestry Department Supervisor of acceptance of his bid, or extension thereto as the Public Works-Forestry Department Supervisor only may deem reasonable, then said cash or certified check shall be retained by and become the property of the City of Sun Prairie and liquidated damages or said bond shall be pre-secured in the name of said City of Sun Prairie and judgment recovered thereon for the full amount of the penalty thereon as liquidated damages, in any court having jurisdiction of the actions; otherwise said cash or certified check shall be refunded or the bid bond shall be void.

In case of obtaining the award, the undersigned bidder will employ, subject to the approval of the Department, the following Sub-Contractors, with the class of work to be performed by each, which list shall not be added to nor altered without the written consent of the Department.

Name of Proposed Sub-Contractor Class of Work

PROPOSAL

SECTION 1: PROPOSED PRICES FOR SPECIFIED WORK

The following pages list the estimated quantities for the specified work. Complete both the written and numerical spaces for each item listed.

SECTION 2: SUPPLEMENTAL FIXED PRICES

(For use when any of the following pay items are not included in the proposed prices for specified work.)

See enclosed Schedule, if included.

SECTION 3: TIME OF COMPLETION

We the undersigned, if awarded the contract, agree that we will expedite all required work, furnish sufficient workers, equipment and tools, and so prosecute the work as to complete all work in proper and required sequence to the work of all other parties in accordance with that stated herein.

The project as outlined in the Contract Documents shall be complete by November 1, 2018 . If this date is not met, the successful bidder shall pay as liquidated damages the sum of $500 per day for each day of delay after

a) Begin Project: ___________________________________

b) Complete Project: November 1, 2018

Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the work within the time specified in the Agreement.

SECTION 4: ADDENDUM RECEIPT

We acknowledge the receipt of the following Addenda:

NUMBER AND DATE OF ADDENDUM

SECTION 5: COMMENCEMENT OF WORK

The Contractor will commence the work required by the Contract Documents within fourteen (14) days after the date of NOTICE TO PROCEED and will complete the same by the date set forth in the Contract Documents.

The Contractor agrees to perform all the work described in the Contract Documents and comply with the terms therein for the various prices as set forth in the bid of these Contract Documents.

The Owner will pay the Contractor in the manner, at such times, and in the amounts as required by the Contract Documents.

This Agreement shall be binding unto all parties hereto and their respective heirs, executors, administrators, successors, legal representatives, and assigns in respect to all covenants, agreements and obligations contained in the Contract Documents.

SECTION 6: TIME OF COMPLETION

The undersigned agrees that they will expedite all required materials, furnish sufficient workers, equipment and tools, and so prosecute the work as to complete all work in proper and required sequence to the work of all other Contractors in accordance with that stated herein.

The project as outlined in the Contract Documents shall be complete by November 1, 2018 . If this date is not met, the undersigned agrees to pay as liquidated damages the sum of $500 for each consecutive day of delay after November1, 2018.

IN WITNESS WHEREOF, OWNER AND CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to the CONTRACTOR, and two counterparts have been delivered to the OWNER. All portions of the Contract Documents have been signed or identified by the OWNER and

CONTRACTOR.

SECTION 7: PAYMENT TERMS

Will the Contractor accept credit card for payment without any additional fees? _____Yes _____No

Will the Contractor accept Electronic Funds Transfer (EFT) for payment? ______Yes ______No

Completed W-9 attached? ______Yes ______No

SWORN STATEMENT OF BIDDER

AS REQUIRED BY

WISCONSIN STATUTE 66.29 (7)

I, being duly sworn at ___________________________________________________________________________ (City, State) on oath state on behalf of said bidder, that I have examined and carefully prepared this proposal from the plans, specifications, and other contract documents and have checked the same in detail before submitting this proposal;

and this sworn statement is hereby made a part of the foregoing proposal.

Signature _________________________________________________________

Title _____________________________________________________________

This proposal submitted by _______________________________________________________________________

(Name of Company) Bidder, of (Address) (City) (State)

Telephone Number ( ) _____-_________ a __________________________________________, (Corporation, Partnership, Etc.)

to the City of Sun Prairie, Wisconsin, submitted this ________________ day of _______________________, 2017.

(Print Name of Bidder)

By _______________________________________________ (Signature)

Title ______________________________________________

Questions regarding this bid should be submitted to:

Name of Office Completing bid form: ______________________________________________________________

Phone Number, if different than above ( ) ____-________

Subscribed and sworn to me this

__________ day of ___________________, 2018.

Notary Public _________________________________

My Commission Expires: ________________________

RFB – #18-PW05

BID PROPOSAL

Bidder is responsible for the final and complete accurate measurement of all areas of the work and must submit their total bid based on their measurements.

Prepare the Bid proposal to include the following:

1. All Inclusive – Covers all direct and indirect necessary expenses for each job.

2. Not to exceed –

Total Bid Contract __________________________ $__________________ (Written) (Numerical)

Tree

Diameter in Inches

(DBH)

Number of

Trees

Total

DBH

Unit Cost per Inch

(DBH)

Sub Total

Cost 7 2 14 8 22 176 9 79 711

10 85 850 11 68 748 12 57 684 13 43 559 14 28 392 15 34 510 16 18 288 17 17 289 18 17 306 19 11 209 20 18 360 21 3 63 22 7 154 23 2 46 24 0 0 25 0 0 26 1 26 27 0 0 28 0 0 29 0 0 30 1 30

Total DBH 6415 Total Bid $

INSTRUCTIONS FOR EXECUTING THE CONTRACT

If the contract is signed by the Secretary of the corporation, the certificate below should be executed by some other officer of the corporation, under the corporate seal. In lieu of the foregoing certificate, there may be attached to the contract copies of so much of the records of the corporation as will show the official character and authority of the officers signing, duly certified by the Secretary of Assistant Secretary under the corporate seal to be true copies.

The full name and business address of the Contractor should be inserted and the contract should be signed with his official signature. Please have the name of the signing party printed under all signatures to the contract.

If the Contractor should be a partnership, each partner should sign the contract. If the Contract is not signed by each partner, there should be attached to the contract a duly authenticated power of attorney evidencing the signer's authority to sign such contract for and in behalf of the partnership.

If the Contractor be an individual, the trade name (if the Contractor by operating under a trade name) should be indicated in the contract and the contract should be signed by such an individual. If signed by other than the Contractor there should be attached to the contract a duly authenticated Power of Attorney evidencing the signer's authority to execute such a contract for and in behalf of the Contractor.

If the Contractor is a corporation, the following certificate should be executed:

I, ____________________________________, certify that I am the __________________________________

Secretary of the corporation named as Contractor herein above; that who signed foregoing contract on behalf of said corporation was then of said corporation; that said Contract was duly signed for and in behalf of said corporation by authority of its governing body, and is written within the scope of its corporate powers.

(CORPORATE SEAL AND SIGNATURE)

(PRINT NAME)

CONTRACT

SPECIAL PROVISIONS

The special provisions listed are intended to further define contract requirements. The complete set of bid documents for the project includes the City’s Standard Specifications for Improvements. All Contractors must become familiar with all documents prior to submitting quotation proposals.

1. SCOPE AND LOCATION OF THE WORK

See page three (3) Official Notice of Bid

2. AUXILIARY EQUIPMENT

The contractor shall supply all equipment to perform the work as necessary.