RFB.pdf

REQUEST FOR BIDS - RFB COVER SHEET

Department of Natural Resources (DNR)

TITLE OF RFB: Tree Removal and Brush Management for Wildlife (Schieb)

RFB #: 24CRDWBKRING-0030

DNR seeks to purchase:

Tree removal and brush management services at Long Pond in Guthrie County. Services will enhance wildlife habitat.

Number of mos. or yrs. of the initial term of the Contract:

6 months Number of possible annual extensions:

Anticipated Date for Initial Contract term beginning:

1/1/2024 Anticipated Ending Date:

6/1/2024

Issuing Officer:

Name: Stephanie Graham

Office Address:

Iowa Department of Natural Resources Wallace Building 4th Floor 502 East 9th St Des Moines, IA 50319

Phone: 515-344-0055 e-mail: stephanie.graham@dnr.iowa,gov

PROCUREMENT TIMETABLE—Event or Action:

Date/Time (Central Time):

DNR Posts Notice of RFB on TSB website 11/15/2023

DNR Issues RFB 11/17/2023

Emailed Written Questions, requests for clarification, and suggested changes from Bidders due 11/29/2023

DNR’s written response to questions, requests for clarifications, and suggested changes 12/1/2023

Emailed Bid to procurement@dnr.iowa.gov Due no later than December 4th, 2023 2:00 PM Central Time The DNR will open Bids on December 4, 2023 at 2:00 PM via Teleconference number (304) 512-

0114 PIN #957 106 495

12/4/2023 2:00 pm

Anticipated Date to issue Notice of Intent to Award 12/6/2023

Anticipated Date to complete Contract negotiations 12/11/2023

Relevant Websites: Web-address:

Internet website where Addenda to this RFB will be posted:

http://bidopportunities.iowa.gov/

Internet website where Notice of Intent to Award may be posted:

http://bidopportunities.iowa.gov/

Internet website where Contract terms and conditions are posted:

http://www.iowadnr.gov/About-DNR/RFP-Bid-Lettings “DNR Standard

Contract Conditions” and “DAS General Conditions (effective May 1, 2016)”

Number of Copies of Bid Required to be Submitted: 1 emailed original

Bid Guarantee, if any: None

Firm Bid Proposal Terms: The minimum Number of Days following the deadline for submitting bid proposals that the Bidder guarantees all bid proposal terms, including price, will remain firm:

60 days mailto:procurement@dnr.iowa.gov http://bidopportunities.iowa.gov/ http://bidopportunities.iowa.gov/ http://www.iowadnr.gov/About-DNR/RFP-Bid-Lettings

BIDDERS ARE CAUTIONED TO FOLLOW ALL DIRECTIONS

IN THIS RFB OR RISK DISQUALIFICATION

TABLE OF CONTENTS

Title Page

Section 1 – Introduction 3

Section 2 – Administrative Information 5

Section 3 – Specifications 10

Section 4 – Form of Bid 11

Attachment #1: Certification Letter

Attachment #2: Authorization to Release Information Letter

Attachment #3 Exceptions Form

Attachment #4: Form 22 – RFB Request for Confidentiality

SECTION 1 - INTRODUCTION

1.1 Bidder Instructions

Bidder is to download this document and save to computer. Once saved, type in responses to the required sections and save again. As an option, the Bidder may print and write in responses.

1.2 Purpose

The purpose of this Request for Bids (RFB) is to solicit bids from qualified providers to provide the services identified on the RFB cover sheet and described further in this RFB to the DNR. The DNR intends to award a Contract(s) beginning and ending on the dates listed in RFB cover sheet, and the DNR may extend the Contract(s) for up to the number of annual extensions identified in the RFB cover sheet at the sole discretion of the DNR. Any Contract(s) resulting from the RFB will not be an exclusive Contract.

1.3 Request for Bid (RFB) Definitions

Definitions – For the purposes of this RFB and the resulting Contract, the following terms mean:

“DNR” means the Iowa Department of Natural Resources Agency identified in this solicitation that is issuing the RFB.

“Alternative Bid” means a response to a bid that does not meet the exact requirements of the specification but offers an alternative for consideration. An alternative bid is submitted with an intentional variation to a provision, specification, term or condition of the solicitation. This alternative, in the opinion of the bidder, achieves the same end result. Alternative bids may be rejected as non-responsive.

“Bid” means the Bidder’s bid submitted in response to the RFB.

“Bidder” means a Contractor or Vendor submitting a bid in response to this RFB.

“Contract” means the Contract(s) entered into with the successful Bidder(s).

“Responsible Bidder” means a Bidder that has the capability in all respects to perform the requirements of the Contract. In determining whether a Bidder is a Responsible Bidder, the DNR may consider various factors including, but not limited to, the Bidder’s competence and qualifications to provide the goods or services requested, the Bidder’s integrity and reliability, the past performance of the Bidder relative to the quality of the goods or services offered by the Bidder and the best interest of the DNR and the State.

“Responsive Bid” means a Bid that complies with each of the provisions of this RFB or is either an alternative bid or a bid with an exception, if accepted by the DNR.

“RFB” means this Request for Bids and any addenda hereto.

1.4 Contract Term

Contract Term The term of the Contract will begin upon approval by the Natural Resource Commission and a fully executed Contract. It’s anticipated that the DNR will submit recommendations to award the Contract on January 17, 2024, to the Natural Resource Commission for approval.

1.5 Background Information

This RFB is designed to provide Bidders with the information necessary for the preparation of competitive Bids. The RFB process is for the DNR’s benefit and is intended to provide the DNR with competitive information to assist in the selection process. It is not intended to be comprehensive.

Each Bidder is responsible for determining all factors necessary for submission of a comprehensive Bid.

Long Pond is privately owned property in the NW corner of Guthrie County. The contractor will be responsible for removing all tree and brush species in the areas indicated on the associated maps to improve wildlife habitat.

SECTION 2 – ADMINISTRATIVE INFORMATION

2.1 Issuing Officer

The Issuing Officer identified in this solicitation is the sole point of contact regarding the RFB from the date of issuance until selection of the successful Bidder.

2.2 Restriction on Communication

From the issue date of this RFB until announcement of the successful Bidder, Bidders may contact only the Issuing Officer. The Issuing Officer will respond only to electronic questions regarding the procurement process. Questions related to the interpretation of this RFB must be submitted as provided in this solicitation. Oral questions related to the interpretation of this RFB will not be accepted. Bidders may be disqualified if they contact any State employee other than the Issuing Officer about the RFB except that Bidders may contact the State Targeted Small Business Office on issues related to the preference for Targeted Small Businesses.

The DNR assumes no responsibility for oral representations made by its officers or employees unless such representations are confirmed in writing and incorporated into the RFB through an addendum.

2.3 Amendment to the RFB

The DNR reserves the right to amend the RFB at any time using an addendum. The Bidder will acknowledge receipt of all addenda in its Bid.

It is the Bidder’s sole responsibility to check daily for addenda to posted documents.

2.4 Bid Amendment and/or Withdrawal

The Bidder may amend or withdraw and resubmit its Bid at any time before the Bids are due. The amendment must be submitted and received by the time set for the receipt of Bids.

2.5 Submission of Bids

The DNR is requiring each Contractor to EMAIL its Bid to procurement@dnr.iowa.gov so that it is received by the Issuing Officer no later December 4, 2023 at 2:00 PM Central Time. The Contractor must ensure the subject line of the email includes the RFB number as identified in the solicitation document. This is a mandatory specification and will not be waived by the DNR. Any Bid received after this deadline will be rejected. It is the Contractor’s responsibility to ensure that the Bid is received prior to the deadline.

mailto:procurement@dnr.iowa.gov

Contractors must furnish all information necessary to evaluate the Bid. Bids that fail to meet the mandatory requirements of the RFB will be disqualified. Verbal information provided by the Contractor will not be considered part of the Contractor's Bid unless it is reduced to writing.

2.6 Bid Opening

The DNR will open Bids on December 4, 2023 at 2:00 PM via Teleconference number (304) 512-0114 PIN #957 106 495. The names of Bidders who submitted timely Bids will be publicly available after the Bid opening. See Iowa Code Section 72.3. The announcement of Bidders who timely submitted Bids does not mean that an individual Bid has been deemed technically compliant or accepted for evaluation.

2.7 Costs of Preparing the Bid

The costs of preparation and delivery of the Bid are solely the responsibility of the Bidder.

2.8 Rejection of Bids

The DNR reserves the right to reject any or all Bids, in whole and in part, received in response to this RFB at any time prior to the execution of a written Contract. Issuance of this RFB in no way constitutes a commitment by the DNR to award a Contract. This RFB is designed to provide Bidders with the information necessary to prepare a competitive Bid. This RFB process is for the DNR’s benefit and is intended to provide the DNR with competitive information to assist in the selection of a Bidder to provide goods and/or services. It is not intended to be comprehensive and each Bidder is responsible for determining all factors necessary for submission of a comprehensive Bid.

2.9 Disqualification

The DNR will reject outright and will not evaluate Bids if the Bidder fails to email the Bid by the due date and time. The DNR may reject outright and may not evaluate Bids for any one of the following reasons:

• The Bidder acknowledges that a requirement of the RFB cannot be met.

• The Bidder’s Bid materially changes a requirement of the RFB or the Bid is not compliant with the requirements of the RFB.

• The Bidder’s Bid limits the rights of the DNR.

• The Bidder fails to include information necessary to substantiate that it will be able to meet a requirement of the RFB.

• The Bidder fails to timely respond to the DNR’s request for information, documents, or references.

• The Bidder fails to include any signature, certification, authorization, stipulation, disclosure or guarantee requested.

• The Bidder presents the information requested by this RFB in a format inconsistent with the instructions of the RFB or otherwise fails to comply with the requirements of the RFB.

• The Bidder initiates unauthorized contact regarding the RFB with state employees.

• The Bidder provides misleading or inaccurate responses.

• The Bidder’s Bid is materially unbalanced.

• There is insufficient evidence (including evidence submitted by the Bidder and evidence obtained by the DNR from other sources) to satisfy the DNR that the Bidder is properly responsive and responsible to satisfy the requirements of the RFB.

• The Bidder alters the language in Certification Letter or Authorization to Release Information Letter.

• The Bidder has been convicted of a fish or game violation in the last 24 months.

• The Bidder has defaulted or had a similar contract terminated for cause in the last 24 months.

2.10 Nonmaterial Variances

The DNR reserves the right to waive or permit cure of nonmaterial variances in the Bid if, in the judgment of the DNR, it is in the DNR’s best interest to do so. Nonmaterial variances include minor informalities that do not affect responsiveness, that are merely a matter of form or format, that do not change the relative standing or otherwise prejudice other Bidders, that do not change the meaning or scope of the RFB, or that do not reflect a material change in the requirements of the RFB.

In the event the DNR waives or permits cure of nonmaterial variances, such waiver or cure will not modify the RFB requirements or excuse the Bidder from full compliance with RFB specifications or other Contract requirements if the Bidder is awarded the Contract. The determination of materiality is in the sole discretion of the DNR.

2.11 Reference Checks

The DNR reserves the right to contact any reference to assist in the evaluation of the Bid, to verify information contained in the Bid and to discuss the Bidder’s qualifications and the qualifications of any subcontractor identified in the Bid.

2.12 Information from Other Sources

The DNR reserves the right to obtain and consider information from other sources concerning a Bidder, such as the Bidder’s capability and performance under other Contracts, the qualifications of any subcontractor identified in the Bid, the Bidder’s financial stability, past or pending litigation, and other publicly available information.

2.13 Verification of Bid Contents

The content of a Bid submitted by a Bidder is subject to verification. If the DNR in its sole discretion determines that the content is in any way misleading or inaccurate, the Bidder may be disqualified.

2.14 Bid Clarification Process

The DNR reserves the right to contact a Bidder after the submission of Bids for the purpose of clarifying a Bid to ensure mutual understanding. This contact may include written questions, interviews, site visits, a review of past performance if the Bidder has provided goods and/or services to the State or any other political subdivision wherever located, or requests for corrective pages in the Bidder’s Bid. The DNR will not consider information received if the information materially alters the content of the Bid or alters the type of goods and/or services the Bidder is offering to the DNR.

An individual authorized to legally bind the Bidder must sign responses to any request for clarification.

Responses must be submitted to the DNR within the time specified in the DNR's request. Failure to comply with requests for additional information may result in rejection of the Bid as non-compliant.

2.15 Disposition of Bids

All Bids become the property of the DNR and will not be returned to the Bidder at the conclusion of the selection process, the contents of all Bids will be part of the public record and be available for inspection by interested parties except for information for which Bidder properly requests confidential treatment according to exceptions provided in Iowa Code Chapter 22, other applicable law below.

2.16 Public Records and Requests for Confidential Treatment

The DNR’s release of public records is governed by Iowa Code chapter 22. Bidders are encouraged to familiarize themselves with Chapter 22 before submitting a Bid. The DNR will copy and produce public records upon request as required to comply with Chapter 22 and will treat all information submitted by a Bidder as non-confidential records unless Bidder requests specific parts of the Bid be treated as confidential at the time of the submission as set forth herein AND the information is confidential under Iowa or other applicable law.

2.16.1 Form 22 Request for Confidentiality

Form 22 must be completed and included with Bidders Bid. Completion and submittal of Form 22 is required whether the Bid does or does not contain information for which confidential treatment will be requested. Failure to submit a completed Form 22 will result in the Bid being considered non-responsive and not evaluated.

2.17 Copyrights

By submitting a Bid, the Bidder agrees that the DNR may copy the Bid for purposes of facilitating the evaluation of the Bid or to respond to requests for public records. The Bidder consents to such copying by submitting a Bid and warrants that such copying will not violate the rights of any third party. The DNR will have the right to use ideas or adaptations of ideas that are presented in the Bids.

2.18 Release of Claims

By submitting a Bid, the Bidder agrees that it will not bring any claim or cause of action against the DNR based on any misunderstanding concerning the information provided herein or concerning the DNR's failure, negligent or otherwise, to provide the Bidder with pertinent information in this RFB.

2.19 Bidder Presentations

At the sole discretion of the State, Bidders may be required to make a presentation of the Bid. The presentation may occur at the DNR’s offices or at the offices of the Bidder. The determination as to need for presentations, the location, order, and schedule of the presentations is at the sole discretion of the DNR. The presentation may include slides, graphics and other media selected by the Bidder to illustrate the Bidder’s Bid. The presentation will not materially change the information contained in the Bid.

2.20 Evaluation of Bids Submitted

Bids that are timely submitted and are not subject to disqualification will be reviewed in accordance with the RFB.

2.21 Preference

By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced within the state of Iowa. Preference application: Tied responses to solicitations, regardless of the type of solicitation, are decided in favor of Iowa products and Iowa-based businesses per 11

IAC 117.

2.22 Determination of Responsible Bidder & Responsive Bid

All Bids will be first evaluated to determine if they comply with the bid requirements (i.e. to determine if the Bidder is a Responsible Bidder submitting a Responsive Bid). To be deemed a Responsible Bidder and a Responsive Bid, the Bid must comply with the bid format instructions and answer “Yes” to all parts and include information demonstrating the Bidder will be able to comply with the bid requirements.

2.23 Evaluation Criteria

The DNR will evaluate the Responsive Bids submitted by Responsible Bidders to determine the bids that are most advantageous to the state and will award the Contract(s) to the Bidder(s) submitting the most advantageous bid(s) to the state.

2.24 Award Notice and Acceptance Period

Notice of Intent to Award the Contract(s) will be sent to all Bidders submitting a timely Bid.

Negotiation and execution of the Contract(s) must be completed no later than ninety (90) days from the date of the Notice of Intent to Award. If the apparent successful Bidder fails to negotiate and deliver an executed Contract by that date, the DNR, in its sole discretion, may cancel the award and award the Contract to the remaining Bidder the DNR believes is most advantageous to the state.

2.25 Definition of Contract

The full execution of a written Contract will constitute the making of a Contract for services requested by the RFB and no Bidder will acquire any legal or equitable rights relative to the Contract for services until the Contract has been fully executed by the successful Bidder and the DNR.

2.26 Choice of Law and Forum

This RFB and the Contract are to be governed by the laws of the state of Iowa. Changes in applicable laws and rules may affect the award process or the Contract. Bidders are responsible for ascertaining pertinent legal requirements and restrictions. Any and all litigation or actions commenced in connection with this RFB will be brought in the appropriate Iowa forum.

2.27 Restrictions on Gifts and Activities

Iowa Code Chapter 68B restricts gifts which may be given or received by State employees and requires certain individuals to disclose information concerning their activities with State government. Bidders are responsible to determine the applicability of Chapter 68B to their activities and to comply with its requirements. In addition, pursuant to Iowa Code Section 722.1, it is a felony offense to bribe or attempt to bribe a public official.

2.28 Unit Price

If a discrepancy between the unit price and the item total exists, the unit price prevails.

2.29 Price Adjustments to Term Contract(s)

Bid prices will remain firm for the initial term of the Contract. Price adjustments may be taken into consideration during the Contract renewal process. The State reserves the right to accept or reject any proposed price(s) changes.

2.30 Questions and Requests for Clarification

Bidders are invited to email written questions and requests for clarifications regarding the RFB. The questions and requests for clarifications must be received by the Issuing Officer on or before November 29, 2023. Oral questions will not be permitted. If the questions and requests for clarifications pertain to a specific section of the RFB, the page and section number(s) must be referenced. Written responses to questions and requests for clarifications will be issued in the form of an addendum and sent to Bidders who received RFBs.

SECTION 3 – SPECIFICATIONS

All items listed in this Section are Bid Requirements. A successful Bidder must be able to satisfy all these requirements to be deemed a Responsible Bidder.

Overview:3.1 GENERAL REQUIREMENTS

3.1.1

Deliverables Task Milestone Date

Task 1: Long Pond Tree Cutting and Piling Description: Contractor must cut, and pile 28 acres of trees indicated on Attachment A, Long Pond Tree Removal Map. All trees greater than 2 inches DBH must be cut or sheared level with ground. The contractor must pile all trees in designated locations flagged by DNR personnel. All stumps of deciduous trees that are cut or sheared must be treated with Pathway herbicide or DNR preapproved chemical. Contractor must adhere to all manufacture chemical directions including application rate using DNR pre-approved chemical. The treatment area will be flagged by DNR personnel prior to contract start date.

No later than March 31, 2024

Task 2: Long Pond Brush Management Description: Contractor must remove woody species in the treatment area outlined in red on Attachment A. Woody species can be removed by mulching with a forestry mulcher, cutting at the base, or other pre-approved methods of mechanical removal.

Undesirable woody species must be removed to ground level.

No later than March 31, 2024

3.2 BIDDER REQUIREMENTS

3.2.1 Bidder must hold an Iowa Commercial Pesticide Applicators License issued by the Iowa Department of Agriculture and Land Stewardship (IDALS) Pesticide Bureau and provide the license number to the DNR Project Manager.

3.2.2 The Bidder shall have a minimum of 5 years’ commercial experience for services sought in this

RFB for Local, State or Federal agencies or landowners.

3.2.3 The Bidders shall provide the appropriate qualified staff and meet current Local, State, and

Federal rules, guidelines, and policies.

3.2.4 The Bidder shall not have defaulted nor had a similar contract terminated for cause in the last

24 months.

3.2.5 The Bidder shall have all subcontractors approved by the Iowa DNR. All subcontractors shall be subject to the all terms and conditions set forth in this RFB.

SECTION 4 - FORM OF BID

Instructions – Bidder is to complete the following. Fill out items with blanks. Indicate “yes” or “no” on items requesting agreement. If a “no” response is indicated, exception must be noted on Attachment 3.

4.1 Bidder Information

Business Name:

Official Address:

Business State of Residence:

Bidder Contact:

Telephone Number:

Fax Number:

Email:

4.2 Contract Terms and Conditions

The Contract(s) that the DNR expects to award as a result of this solicitation will be based upon the final Bid submitted by the successful Bidder and the solicitation. The Contract between the DNR and the successful Bidder will be a combination of the specifications, terms and conditions of the solicitation, the Contract terms and conditions in this solicitation, the offer of the Bidder contained in the final Bid submitted by the Bidder, written clarifications or changes made in accordance with the provisions of the solicitation, and any other terms deemed necessary by the DNR, except that no objection or amendment by a Bidder to the provisions or terms and conditions of the solicitation will be incorporated into the Contract unless the DNR has explicitly accepted the Bidder’s objection or amendment in writing. The Contract terms and conditions contained in this solicitation will be incorporated into the Contract.

The Contract terms and conditions may be supplemented at the time of Contract execution and are provided to enable Bidders to better evaluate the costs associated with the solicitation requirements and the Contract. Bidders should plan on the Contract terms and conditions contained in this solicitation being included in any Contract awarded as a result of this solicitation. All costs associated with complying with these requirements should be included in any pricing quoted by the Bidder. By submitting a Bid, each Bidder acknowledges its acceptance of the solicitation terms and conditions without change except as otherwise expressly stated in Attachment 3. If a Bidder takes exception to a provision, it must state the reason for the exception and the specific Contract language it proposes to include in place of the provision. Exceptions that materially change these terms or the requirements of the solicitation may be deemed non-responsive by the DNR, in its sole discretion, resulting in possible disqualification of the Bid. The DNR reserves the right to either award a Contract(s) without further negotiation with the successful Bidder or to negotiate Contract terms with the selected Bidder if the best interests of the DNR would be served.

Bidder has read and agrees to this section: Yes No

4.3 Terms and Conditions

The parties agree to comply with the terms and conditions in this solicitation which are by this reference made a part of the Agreement.

Bidder has read and agrees to this section: Yes No

4.4 Specifications

Bidder is able to provide and performed as specified in Section 3. By indicating “yes”, a Bidder agrees that it will comply with that requirement throughout the full term of the resulting Contract, if the Bidder is successful. In addition, for specific requirements, the Bidder will provide, if requested, specific references and/or supportive information to verify the Bidder’s compliance with the requirement. Failure to provide this information may cause the Bid to be deemed non-responsive and therefore rejected. The DNR reserves the right to determine whether the supportive information submitted by the Bidder demonstrates the Bidder will be able to comply with the Bid Requirements.

If the DNR determines the supportive information does not demonstrate the Bidder will be able to comply with the Bid Requirements, the DNR may disqualify the Bid.

Bidder has read and agrees to this section: Yes No

4.5 Bidder Experience

The Bidder must provide the following information regarding its experience:

Bidder’s number of years in business _________________

Bidder’s number of years of commercial experience for services sought in this RFB for local, state, and federal agencies or landowners sought by the solicitation _________________

4.6 Bidder Qualifications

Contractor must hold an Iowa Commercial Pesticide Applicators License issued by the Iowa

Department of Agriculture and Land Stewardship (IDALS) Pesticide Bureau. Contractor must have access to all equipment necessary to complete all Tasks in the 3.1 Statement of Work and provide appropriate information verifying access to the DNR.

Bidder has read and agrees to this section: Yes No

4.7 Terminations, Litigation, Debarment

The Bidder must provide the following information:

• During the last five (5) years, has the Bidder had a Contract for goods and/or services terminated for any reason? If so, provide full details related to the termination.

• During the last five (5) years, describe any damages or penalties or settlements to resolve disputes entered into by Bidder under any of its existing or past Contracts as it relates to goods and/or services performed that are similar to the goods and/or services contemplated by this RFB. If so, indicate the reason for the penalty or exchange of property, goods, or services and the estimated amount of the cost of that incident to the Bidder.

• During the last five (5) years, describe any order, judgment or decree of any Federal or State authority barring, suspending or otherwise limiting the right of the Bidder to engage in any business, practice or activity.

• During the last five (5) years, list and summarize all litigation or threatened litigation, administrative or regulatory proceedings, or similar matters to which the Bidder or its officers have been a party.

• The Bidder must also state whether it or any owners, officers, or primary partners have ever been convicted of a felony. Failure to disclose these matters may result in rejection of the Bid or termination of any subsequent Contract.

• This is a continuing disclosure requirement. Any such matter commencing after submission of a Bid, and with respect to the successful Bidder after the execution of a Contract, must be disclosed in a timely manner in a written statement to the DNR.

4.8 Bidder Reference

The Bidder shall provide the following general background information: References from three (3) previous local, state, or federal agencies or landowners knowledgeable of the Bidder’s performance for services described in this solicitation including a contact person and telephone number for each reference. References may be from the same local, state or federal agencies provided there are three different individuals providing the references. The Bidder shall attach a document with the required information for each reference.

Reference #1 attached: Yes No

Reference #2 attached:

Reference #3 attached:

Preference

4.9 The Bidder shall provide the following general background information: For an out-of-state Bidder, Bidder certifies the Resident Preference given by the State of the Bidder’s residence. Enter the resident preference in the text box or indicate no preference.

Bidder’s state has a preference law: Yes No Bidder’s state _____

4.10 Silence of Specification

The apparent silence of these specifications as to any details or the omission from it of a detail description concerning any point will be interpreted as meaning that only the best commercial practices are to prevail, and that only materials and/or workmanship of finest quality will be used.

Bidder has read and agrees to this section: Yes No

4.11 Criminal History and Background Information

The Bidder hereby explicitly authorizes the DNR to conduct criminal history and/or other background investigation(s) of the Bidder, its officers, directors, shareholders, or partners and managerial and supervisory personnel retained by the Bidder for the performance of the Contract.

Bidder has read and agrees to this section: Yes No

4.12 Insurance

The Contract will require the successful Bidder to maintain insurance coverage(s) in accordance with the contractual provisions. Bidder will, at its sole expense, maintain in full force and effect, with insurance companies admitted to do business in the State of Iowa and acceptable to the DNR, insurance covering its work of the type and in amounts required by this Contract. Bidder’s insurance will, among other things, insure against any loss or damage resulting from or related to Bidder’s performance of this Contract regardless of the date the claim is filed or expiration of the policy. All insurance policies required by this Contract will: (i) be subject to the approval of the DNR; (ii) remain in full force and effect for the entire term of this Contract; and (iii) not be canceled, reduced or changed without the DNR’s prior written consent. The State of Iowa and DNR will be named as additional insureds on all such policies, and all such policies will include the following endorsement:

“It is hereby agreed and understood that the State of Iowa and the DNR are named as additional insured, and that the coverage afforded to the State of Iowa and the DNR under this policy will be primary insurance. If the State of Iowa or the DNR have other insurance which is applicable to a loss, such other insurance will be on an excess, secondary or contingent basis. The amount of the insurer’s liability under this policy will not be reduced by the existence of such other insurance.” Unless otherwise requested by the DNR, Bidder will cause to be issued insurance policies with the coverages set forth below:

https://dasebid.ionwave.net/Desktop.aspx?pid=255&caid=9&at=203&ret=254&bret=252 https://dasebid.ionwave.net/Desktop.aspx?pid=259&caid=3&at=18&ret=254&bret=252 https://dasebid.ionwave.net/Desktop.aspx?pid=259&caid=3&at=19&ret=254&bret=252

Type of Insurance Limit Amount

General Liability (including contractual liability) written on an occurrence basis

General Aggregate Products – Comp/Op Aggregate Personal injury Each Occurrence

$2 million

$1 Million $1 Million $1 Million

Automobile Liability (including contractual liability) written on an occurrence basis

Combined single limit $1 Million

Property Damage Each Occurrence Aggregate

$1 Million $1 Million

Workers Compensation and Employer Liability As Required by Iowa law

As required by Iowa law

4.12.1 Certificates of Coverage

At the time of execution of this Contract, Bidder will deliver to the DNR certificates of insurance certifying the types and the amounts of coverage, certifying that said insurance is in force before the Bidder starts work, certifying that said insurance applies to, among other things, the work, activities, products and liability of the Bidder related to this Contract, certifying that the State of Iowa and the DNR are named as additional insureds on the policies of insurance by endorsement as required herein, and certifying that no cancellation or modification of the insurance will be made without at least thirty (30) days prior written notice to the DNR. All certificates of insurance will be subject to approval by the DNR. The Bidder will simultaneously with the delivery of the certificates deliver to the DNR one duplicate original of each insurance policy. Liability of Bidder Acceptance of the insurance certificates by the DNR will not act to relieve Bidder of any obligation under this Contract. It will be the responsibility of Bidder to keep the respective insurance policies and coverages current and in force during the life of this Contract. Bidder will be responsible for all premiums, deductibles and for any inadequacy, absence or limitation of coverage, and the Bidder will have no claim or other recourse against the State or the DNR for any costs or loss attributable to any of the foregoing, all of which will be borne solely by the Bidder. Notwithstanding any other provision of this Contract, Bidder will be fully responsible and liable for meeting and fulfilling all of its obligations.

4.12.2 Waiver of Subrogation Rights

Bidder must obtain a waiver of any subrogation rights that any of its insurance carriers might have against the DNR or the State. The waiver of subrogation rights will be indicated on the certificates of insurance coverage supplied to the DNR. Filing of Claims In the event either the DNR or the State suffers a loss and is unable to file a claim under any policy of insurance required under this Contract, the Bidder will, at the DNR’s request, immediately file a proper claim under such policy. Bidder will provide the DNR with proof of filing of any such claim and keep the DNR fully informed about the status of the claim. In addition, Bidder agrees to use its best efforts to pursue any such claim, to provide information and documentation requested by any insurer providing insurance required hereunder and to cooperate with the DNR and the State. Bidder will pay to the DNR and the State any insurance proceeds or payments in receives in connection with any such claim immediately upon Bidder’s receipt of such proceeds or payments.

4.12.3 Proceeds

In the event the DNR or the State suffers a loss that may be covered under any of the insurance policies required, neither the Bidder nor any subsidiary or affiliate thereof will have any right to receive or recover any payments or proceeds that may be made or payable under such policies until the DNR and/or the State have fully recovered any losses, damages or expenses sustained or incurred by it (subject to applicable policy limits), and Bidder hereby assigns to the DNR and the State all of its rights in and to any and all payments and proceeds that may be made or payable under each policy of insurance required under this Contract.

Bidder has read and agrees to this section: Yes No

4.13 Payment Terms Per Iowa Code § 8A.514 the State of Iowa is allowed sixty (60) days to pay an invoice submitted by a Bidder.

Bidder has read and agrees to this section: Yes No

4.14 Firm Contract Pricing

Any Contract that results from this bid will have firm pricing for the initial term of the Contract.

Bidder has read and agrees to this section: Yes No

4.15 Best and Final Offers

The Issuing officer reserves the right to conduct discussions with Bidders for obtaining “best and final offers.” To obtain best and final offers from Bidders, the Issuing Officer may do one or more of the following: enter into pre-selection negotiations, including the use of oral presentations and request revised Bids.

Bidder has read and agrees to this section: Yes No

4.16 Bid Amount

The Bidder certifies that the specifications of the Contract for Tree Removal and Brush Management for Wildlife habitat (Schieb) are thoroughly understood as stated in Section 3 of this Request for Bids. The undersigned agrees to provide all labor, materials and equipment necessary to carrying out of the Contract. The Bidder understands the DNR will award a contract believed to be the most advantageous to the state.

Tree Removal Cost unit of measure $___________ Quantity: 28 Acres

Brush Management

Cost unit of measure $___________ Quantity: 31 Acres

Total Cost $____________________

Bidder has read and agrees to this section: Yes No https://dasebid.ionwave.net/Desktop.aspx?pid=259&caid=3&at=192&ret=254&bret=252 https://dasebid.ionwave.net/Desktop.aspx?pid=255&caid=3&at=206&ret=254&bret=252

Company: _______________________________________________________________________________

Signature: ________________________________________________ Date: ______________________

Printed Name: ____________________________________________________________________________

Title: ____________________________________________________________________________________

Attachment #1 Certification Letter

Alterations to this document are prohibited.

(Date)

Stephanie Graham Issuing Officer Iowa Department of Natural Resources Wallace Building 502 East 9th Street Des Moines, IA 50319

Subject: Request for Bid - Bid Certifications

Issuing Officer:

I certify that the contents of the Bid submitted on behalf of __________________________(Name of Bidder) in response to Iowa Department of DNR for RFB 24CRDWBKRING-0030 for Tree Removal and Brush Management for Wildlife habitat (Schieb) are true and accurate. I also certify that Bidder has not knowingly made any false statements in its Bid.

Certification of Independence I certify that I am a representative of Bidder expressly authorized to make the following certifications on behalf of Bidder.

By submitting a Bid in response to the RFB, I certify on behalf of the Bidder the following:

1. The Bid has been developed independently, without consultation, communication or agreement with any employee or consultant to the DNR or with any person serving as a member of the evaluation committee.

2. The Bid has been developed independently, without consultation, communication or agreement with any other Bidder or parties for the purpose of restricting competition.

3. Unless otherwise required by law, the information found in the Bid has not been and will not be knowingly disclosed, directly or indirectly prior to DNR’s issuance of the Notice of Intent to Award the Contract.

4. No attempt has been made or will be made by Bidder to induce any other Bidder to submit or not to submit a Bid for the purpose of restricting competition.

5. No relationship exists or will exist during the Contract period between Bidder and the DNR or any other State DNR that interferes with fair competition or constitutes a conflict of interest.

Certification Regarding Debarment I certify that, to the best of my knowledge, neither Bidder nor any of its principals: (a) are presently or have been debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a Federal DNR or State DNR; (b) have within a five year period preceding this Bid been convicted of, or had a civil judgment rendered against them for commission of fraud, a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or Contract under a public transaction, violation of antitrust statutes; commission of embezzlement, theft, forgery, falsification or destruction of records, making false statements, or receiving stolen property; (c) are presently indicted for or criminally or civilly charged by a government entity (federal, state, or local) with the commission of any of the offenses enumerated in (b) of this certification; and (d) have not within a three year period preceding this Bid had one or more public transactions (federal, state, or local) terminated for cause.

This certification is a material representation of fact upon which the DNR has relied upon when this transaction was entered into. If it is later determined that Bidder knowingly rendered an erroneous certification, in addition to other remedies available, the DNR may pursue available remedies including suspension, debarment, or termination of the Contract.

Certification Regarding Registration, Collection, and Remission of Sales and Use Tax Pursuant to Iowa Code sections 423.2(10) and 423.5(8) (2013) a retailer in Iowa or a retailer maintaining a business in Iowa that enters into a Contract with a state DNR must register, collect, and remit Iowa sales tax and Iowa use tax levied under Iowa Code chapter 423 on all sales of tangible personal property and enumerated services. The Act also requires Bidders to certify their compliance with sales tax registration, collection, and remission requirements and provides potential consequences if the certification is false or fraudulent.

By submitting a Bid in response to the (RFB), the Bidder certifies the following: (check the applicable box)

Bidder is registered with the Iowa Department of Revenue, collects, and remits Iowa sales and use taxes as required by Iowa Code chapter 423; or

Bidder is not a “retailer” or a “retailer maintaining a place of business in this state” as those terms are defined in Iowa Code subsections 423.1(47) and (48).

Bidder also acknowledges that the DNR may declare the Bidder’s Bid or resulting Contract void if the above certification is false. The Bidder also understands that fraudulent certification may result in the DNR or its representative filing for damages for breach of Contract in additional to other remedies available to DNR.

Sincerely, Signature

Name and Title of Authorized Representative Date

Attachment #2 Authorization to Release Information Letter

Alterations to this document are prohibited.

(Date)

Stephanie Graham Issuing Officer Iowa Department of Natural Resources Wallace Building 502 East 9th Street Des Moines, IA 50319

Subject: Request for Bid – Authorization to Release Information- RFB 24CRDWBKRING-0030 for Tree Removal and Brush Management for Wildlife habitat (Schieb)

Dear Issuing Officer:

Bidder hereby authorizes the Iowa Department of DNR ("DNR") or a member of the Evaluation Committee to obtain information regarding its performance on other Contracts, agreements or other business arrangements, its business reputation, and any other matter pertinent to evaluation and the selection of a successful Bidder in response to this Request for Bids (RFB).

The Bidder acknowledges that it may not agree with the information and opinions given by such person or entity in response to a reference request. The Bidder acknowledges that the information and opinions given by such person or entity may hurt its chances to receive Contract awards from the State or may otherwise hurt its reputation or operations.

The Bidder is willing to take that risk.

The Bidder hereby releases, acquits and forever discharges the State of Iowa, the DNR, their officers, directors, employees and agents from any and all liability whatsoever, including all claims, demands and causes of action of every nature and kind affecting the undersigned that it may have or ever claim to have relating to information, data, opinions, and references obtained by the DNR or the Evaluation Committee in the evaluation and selection of a successful Bidder in response to the RFB.

The Bidder authorizes representatives of the DNR to contact any and all of the persons, entities, and references which are, directly or indirectly, listed, submitted, or referenced in the Respondent's Bid submitted in response to RFB.

The Bidder further authorizes any and all persons, and entities to provide information, data, and opinions with regard to its performance under any Contract, agreement, or other business arrangement, its ability to perform, business reputation, and any other matter pertinent to the evaluation of the Bidder’s Bid. The Bidder hereby releases, acquits and forever discharges any such person or entity and their officers, directors, employees and agents from any and all liability whatsoever, including all claims, demands and causes of action of every nature and kind affecting the Bidder that it may have or ever claim to have relating to information, data, opinions, and references supplied to the DNR in the evaluation and selection of a successful Bidder in response to RFB.

Sincerely, Signature

Name and Title of Authorized Representative Date

Attachment #3 Exceptions Form

Please list any and all exceptions to this RFB in this section. Include section and reason for exception: (Make additional pages if necessary)

Section Exception

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

CONTRACTOR NOTE: SUBMISSION OF THIS FORM 22 IS REQUIRED

THIS FORM 22 (FORM) MUST BE COMPLETED AND INCLUDED WITH YOUR RESPONSE (PROPOSAL) TO THE REQUEST FOR PROPOSALS (RFP). THE FORM IS REQUIRED WHETHER THE PROPOSAL DOES OR DOES

NOT CONTAIN INFORMATION FOR WHICH CONFIDENTIAL TREATMENT WILL BE REQUESTED.

FAILURE TO SUBMIT A COMPLETED FORM WILL RESULT IN THE PROPOSAL CONSIDERED NON-

RESPONSIVE AND ELIMINATED FROM EVALUATION.

I. Confidential Treatment Is Not Requested A request for confidential treatment of information contained in our Proposal is not submitted.

Company RFP Number RFP Title

Signature Title Date

II. Confidential Treatment Is Requested

The below information is to be completed and signed ONLY if Contractor is requesting confidential treatment of any information submitted in its Proposal.

Per the paragraph labeled as Public Records and Requests for Confidential Treatment in section 2 of the Request for Proposals (RFP), a Contractor requesting portions of its Proposal be maintained in confidence must complete this form and submit it with its Proposal. Contractors should read and familiarize themselves with chapter 22 of the Iowa Code regarding release of public records before completing this Form. Contractor shall refer to the paragraph labeled as Public Records and Requests for Confidential Treatment in section 2 of the RFP for instructions regarding how to request confidential treatment of portions of its proposal.

NOTE:

1 Completion of this Form is the sole means of requesting confidential treatment.

2 A CONTRACTOR MAY NOT REQUEST PRICING PROPOSALS BE HELD IN CONFIDENCE.

Completion of the Form and Agency’s acceptance of Contractor’s submission does not guarantee the agency will grant Contractor’s request for confidentiality. The Agency may reject Contractor’s Proposal entirely in the event Contractor requests confidentiality and does submit a fully completed Form or requests confidentiality for portions of its Proposal that are improper under the RFP.

To request confidentiality, Contractor must provide the following information:

1 Contractor must conspicuously mark confidential material in its Proposal in accordance with the section titled Public Records and Requests for Confidential Treatment. Check box when completed.

2 Contractor must specifically identify and list the proposal section(s) for which it seeks confidentiality and answer the following questions for each section listed:

• Explain the specific grounds in Iowa Code Chapter 22 or other applicable law which support treatment of the material as confidential.

• Justify why the material should be kept in confidence.

• Explain why disclosure of the material would not be in the best interest of the public.

• Provide the name, address, telephone, and email for the Contractor’s person authorized to respond to inquiries by the Agency concerning the status of confidential materials.

Please provide the information in the table below. Contractor may add additional lines if necessary or add additional pages using the same format as the table below.

RFP

Section:

Contractor must cite the specific grounds in Iowa Code Chapter 22 or other applicable law which supports treatment of the material as confidential.

Contractor must justify why the material should be kept in confidence.

Contractor must explain why disclosure of the material would not be in the best interest of the public.

Contractor must provide the name, address, telephone, and email for the person at Contractor’s organization authorized to respond to inquiries by the Agency concerning the status of confidential materials.

3 Contractor must submit a Public Copy of its Proposal from which the confidential information has been excised. The confidential material must be excised in such a way as to allow the public to determine the general nature of the material removed and to retain as much of the Proposal as possible. Check box when completed.

This Form must be signed by the individual who signed the Contractor’s Proposal. The Contractor shall place this Form completed and signed in its Proposal immediately following the transmittal letter.