CITY OF SUN PRAIRIE

REQUEST FOR PROPOSALS

RFP #: 20-PRF15

Title: Ash Tree Treatments

Department: Parks, Recreation & Forestry

Due Date: May 1, 2020, 2:00 PM CST

Table of Contents

I. NOTICE TO PROPOSERS

A. Summary

B. Important Dates

C. How to Submit a Proposal

D. Contact Information

E. Inquiries, Clarification & Exceptions

F. Addenda

G. Bid Distribution Networks

H. Local Vendor Preference

I. Oral Presentations/Site Visits/Meetings

J. Acceptance/Rejection/Withdrawal of Proposals

K. Public Record Law Compliance

L. Public Records Notice

M. Tax Exempt

N. Cooperative Purchasing

O. Terms of Contract

P. Cancellation/Termination of Contract

Q. Evaluation Process and Scoring

R. Insurance and Indemnification Requirements

II. DESCRIPTION OF RFP

III. REQUIRED INFORMATION

I. NOTICE TO PROPOSERS

A. Summary The City of Sun Prairie department of Parks, Recreation & Forestry is soliciting proposals from qualified vendors for Contractor shall provide all labor, supervision, equipment, services and expertise required to perform trunk injection treatments of ash trees with Emamectin Benzoate as specified. Vendors submitting proposals are required to read this Request for Proposals “RFP” in its entirety and follow the instructions contained herein.

B. Important Dates Deliver proposals no later than the due time and date indicated below. The City will reject late proposals:

Issue Date: April 17, 2020 Questions Issue Date: April 20, 2020 Answers Posted Date: April 23, 2020 Due Date: May 1, 2020, 2:00 PM CST

C. How to Submit a Proposal

Submit all required documentation in separate, sealed envelopes. Each envelope should be clearly marked as to the contents.

Hardcopy proposals typed and securely bound on 8.5 by 11-inch paper, otherwise identical to the electronic version (if applicable).

Electronic proposal in a PDF format stored on a common media (CD, DVD, or flash drive), identical in content and sequence to hardcopy proposal. Cost must be submitted separately.

Signature Affidavit (Form A): One Copy Receipt of Forms (Form B): One Copy Vendor Profile and Qualifications (Form C): One Copy References (Form D): One Copy

Cost Proposal (Form F): One Copy in separate sealed envelope Printed or Electronic Proposal: One Copy (Cost separately)

All proposal costs are the expense of the proposer. The City will not consider illegible proposals.

Elaborate proposals beyond that sufficient to present a complete and effective proposal, are not necessary or desired.

Complete and return Forms A through F to City of Sun Prairie Clerk’s Office by May 1, 2020, 2:00

PM CST.

All proposals must be clearly labeled:

Proposer’s Name and Address

RFP #: 20-RPF15

Title: Ash Tree Treatments Due: May 1, 2020, 2:00 PM CST

All email correspondence must include RFP # in the subject line.

Delivery of hard copies to: City of Sun Prairie Clerk’s Office 300 East Main Street Sun Prairie, WI. 53590 Delivery of electronic copy to: via email to treasurer@cityofsunprairie.com or on a commonly used media with the hard copies

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

Note: When mailing your response via a third party delivery service, the outside of the packaging MUST be clearly marked with the RFP name and number. This ensures that the bid can be delivered to the correct purchasing agent without having to open the bid.

D. Contact Information

The City of Sun Prairie Parks, Recreation & Forestry Department is the procuring agency:

Joleen Stinson, Parks and Forestry Division Manager City of Sun Prairie Parks, Recreation & Forestry 201 S. Bristol Street Sun Prairie, WI. 53590 Phone: (608) 825-0723 Fax: (608) 837-3914 jstinson@cityofsunprairie.com

E. Inquiries, Clarification & Exceptions

Proposers are to raise any questions they have about the RFP document without delay. Direct all questions, in writing, to the department contact listed above in section D.

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

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

F. Addenda

In the event that it is necessary to provide additional clarification or revision to the RFP, the City will post addenda to the same websites as the original distribution – see G below. It is the proposer’s responsibility to regularly monitor the websites for any such postings. Proposers must acknowledge the receipt of any addenda on Form B. Failure to retrieve addenda and include their provisions may result in disqualification.

G. Bid Distribution Networks

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

State of Wisconsin VendorNet System: State of Wisconsin and local agencies bid network.

Registration is free. http://vendornet.state.wi.us/vendornet

DemandStar by Onvia: National bid network – Free subscription is available to access proposals from the City of Sun Prairie and other Wisconsin agencies participating in the Wisconsin Association of Public Purchasers (WAPP). A fee is required if subscribing to multiple agencies that are not included in WAPP.

Home Page: www.demandstar.com

To Register: www.onvia.com/WAPP

Bid Opportunities: http://www.cityofsunprairie.com/504/Bid-Opportunities

H. Local Vendor Preference

The City of Sun Prairie has included a local vendor preference granting a scoring preference to local suppliers. The “local area” is defined as a physical address within City of Sun Prairie.

Exemptions and limitations may apply. Due to state law, buy local preference may not apply to public works projects. Due to federal restrictions, federally funded programs are also exempt.

Exemptions will also be made for emergencies, sole source purchases, cooperative purchasing agreements and cases in which a local vendor is not qualified as determined by City staff. If it is determined by City staff that a vendor has misrepresented its local status, it will be ineligible to receive preference.

I. Oral Presentations/Site Visits/Meetings

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

J. Acceptance/Rejection/Withdrawal of Proposals

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

K. 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 contracts.

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 caselaw, 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.

L. Public Records Notice

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

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

S. 19.36(5)

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

S. 134.90(1)(c)

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

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

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

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

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

M. Tax Exempt

The City of Sun Prairie as a municipality is exempt from payment of federal excise taxes and State of Wisconsin taxes per Wisconsin statue 77.54(9a). Federal Tax ID #39-6006382. A completed Wisconsin Department of Revenue Form S-211 (R.2-00) can be found on the City website. Our tax-exempt number is ES 42322.

N. Cooperative Purchasing

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

O. Terms of Contract

1. Term of Contract – The term of the contract shall be for a five (5) week period to commence on: May 20 and once trees have leafed out, ending on 5:00 pm, Friday, June 15, 2020.

2. Option to Extend – The City of Sun Prairie reserves the right to extend the contract for one year, upon the same or more favorable terms and conditions, and under mutual agreement of both parties.

3. Contract Extension Pricing – Contract prices on an extended contract will be adjusted (escalated or deescalated) based upon the average annual change in the Consumer Index for “All Items” published by the Bureau of Labor Statistics (BLS) (Table 1A. Consumer Price Index for All Urban Consumers (CPI-U): U.S.

city average, by expenditure category and commodity and service group, Expenditure Category “All Items”). The CPI-U value is published by the BLS at its website: http://www.bls.gov/cpi/news.htm

The price for an option year shall be based upon the percent change in the CPI-U from the preceding year applied to the current contract year price to obtain the option year price.

The City of Sun Prairie reserves the right to discontinue the contract’s remaining option year and may elect to re-advertise the contract in whole or in part when changes in prices are not mutually acceptable between the contractor and the City.

Any and all changes to the contract terms and conditions shall be evidenced in writing by amending/modifying the contract.

4. Subcontracting Regulations – Successful vendor(s) will not be permitted to sublet, sell, transfer, assign or otherwise dispose of the contract or any portion therein, or its right, title or interest in, to any person, vendor or corporation.

P. Cancellation/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 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.

Q. Evaluation Process and Scoring

The RFP will be reviewed by the Evaluation Panel. A staff member from the Finance Department will oversee the evaluation process to ensure fairness within the process.

Each proposal will be evaluated as described below and assigned an overall score ranking.

Major Criteria Categories Point Weight Cost 50 Qualifications of Applicators (pesticide applicator certified, certified arborists on staff)

Quality of Written Proposal 15 Projects of Similar Scale Reference Checks 15 Local Preference 5

TOTAL 100

R. Insurance and Indemnification Requirements

Insurance coverage shall be in place prior to commencing work and shall remain in force until the entire project is completed or the length of time that is specified in the contract. See Form E for requirements.

II. DESCRIPTION OF RFP

There are 471 trees, city-wide, to treat. Parks crew re-measured DBH for half of the trees this spring. We used those measurements to get an average growth rate from the last two years and estimate growth for the other half of the trees. Estimated total DBH is 6,531”.

Proposal pricing must be supplied in cost per DBH inch.

Each tree shall be measured in the field and treated with an accurate diameter per the treatment guidelines on page 11. Updated diameter shall be reported with treatment records so the city can maintain an accurate inventory for retreatment. The contractor shall bill us for actual DBH treatment at the per inch price, not the estimated quantities given in this RFP.

Treatment list will be supplied to contractor broken out by zone, and will include street, address, estimated diameter inches and each tree will be identified with a tree ID number. Trees will not be marked for treatment.

The City of Sun Prairie reserves the right to reduce the number of trees to treat to fit within our annual forestry operating budget. If this happens, the list will be broken into two years, with half of the trees treated in 2020 and the other half treated in 2021. The cost per DBH inch must remain the same as proposed. The other half of the trees may be treated under the same contract, with the optional extension, if the City is satisfied with the contractor’s performance.

PRODUCT SPECIFICATIONS

Product shall be a micro-encapsulated liquid formulation of 4% Emamectin Benzoate, no substitution or equal will apply. The Product will be prepared in a micro-encapsulated concentrate using a 4% (4 grams per 100 grams) by weight Emamectin Benzoate active ingredient. An emulsifiable concentrate or suspension concentrate formulation is not an acceptable replacement.

The Product must be capable of being used as either a concentrate or mixed with water.

The Product will be specifically labeled for trunk injection into trees and approved for use in the State of Wisconsin.

The product EPA state approved label must include ash species (Fraxinus spp.) and Emerald Ash Borer (Agrilus planipennis) for treatment.

The manufacturer of the product shall be able to supply independent research data validating the product has efficacy and control above 95%.

The following rates of Emamectin benzoate shall be applied; dependent on injection system used.

This chart is a guideline to increase accuracy in establishing dose rates, when treating for Emerald Ash Borer. This chart is not a substitute for the label, always read and follow label instructions.

This chart may be replaced by a newer or an updated chart, at any time.

EQUIPMENT SPECIFICATIONS

Contractor shall use their choice of Devices from 1, 2 or 3 (or any combination thereof) to inject tree trunks. No matter what method is used, all injection holes must be sealed with “The Plug” as identified in Device 4.

Device 1 - Automatic Micro-injection Device (Air Hydraulic) The purpose of this device is to be able to quickly and efficiently complete systemic injections on a high volume of medium to large trees with the least amount of effort.

The device must be capable of applying the formulation at a minimum of 125 psi with the ability to regulate the pressure below 250 psi.

The delivery system including the device, formulation reservoir, pressurization equipment and other equipment required to deliver the dose must weigh less than 15 pounds without formulation.

The device must be able to adjust the hole to hole dose from 1 milliliter to 5 milliliters in less than 5 seconds.

The device must be able to deliver the dose directly into the sapwood.

The device must be capable of delivering the formulation through a self-sealing plug outlined later in this document identified as “The Plug “ The device must be advanced by trigger pull, button push or other automatic action that does not influence the dose size or pressure of delivery.

The device must provide evidence that the dose has been fully applied and cannot allow for a leak path back into the supply reservoir.

Equipment must be industrial grade capable of carrying at least 1 liter of material and must currently be used in the arboriculture industry for the purpose of systemic injection.

Identification of maintenance issues are the responsibility of the applicator. Maintenance may be done by the applicator and repairs shall be done by the manufacturer.

Device 2 - Micro-infusion Device (Tree IV) The purpose of this device is to be able to quickly and efficiently complete systemic injections on larger trees or medium trees during poor uptake conditions. Micro-infusion devices are simple in design and they provide total flexibility for treating any size tree under a variety of environmental conditions.

The device must be capable of applying variable pressures between 30 and 60 psi.

The device must have a reservoir of at least one liter with the ability to deliver 25 milliliters to six hundred (600) milliliters in a single dose into the sapwood.

The device shall accommodate a pre-filled measured dose capable of delivering the formulation as a concentrate or mixed with water.

The device shall deliver the single dose into multiple injection sites through an interconnected manifold. Individual capsules are not interconnected and therefore not an acceptable substitute for this specification.

The device must be capable of delivering the formulation through self-sealing plugs outlined later in this document identified as “The Plug “

The device must be advanced by trigger pull, button push, valve opening or other automatic action that does not influence the dose size or pressure.

The device must provide evidence that the applied dose has been fully applied.

Equipment must be industrial grade and currently used in the arboriculture industry for this purpose.

Equipment must remain in operating condition throughout the length of this injection program.

Identification of maintenance issues are the responsibility of the applicator Repairs may be done by the applicator or the manufacturer.

Device 3 - Manual Micro-injection Device (QUIK-jet) The purpose of this device is to be able to quickly and efficiently complete systemic injections on a low to moderate volumes of small to medium size trees with a light weight simple device moving quickly from tree to tree.

The device must be capable of manually applying the formulation at a minimum of 70 psi but not be able to exceed 250psi.

The device and formulation reservoir must weigh less than 1.5 pounds when empty.

The device must be able to deliver varied doses of at least 1 milliliter to 5 milliliters directly into the sapwood.

The device must be able to be quickly and easily adjust the dose at the device without opening the reservoir. Filling the dose manually or with syringe does not qualify for this specification as adjustable.

The device must be capable of delivering the formulation through a self-sealing plug outlined later in this document identified as “The Plug “

The device may be advanced manually and the action may influence the pressure of delivery but not the dose size.

The device must provide evidence that the applied dose has been fully applied and cannot allow for a leak path back into the supply reservoir.

Equipment must be industrial grade and currently used in the arboriculture industry for this purpose.

Equipment must remain in operating condition throughout the length of this injection program.

Identification of maintenance issues are the responsibility of the applicator Repairs may be done by the applicator or the manufacturer.

Device 4 – The Plug The purpose of this device is to be able to assure the proper dose is sealed within the sapwood during and after pressurized applications protecting the environment and the operator from contact with the pesticide.

The plug shall have a hard exterior plastic shell or housing which when installed will hold back internal pressures up to 600 psi.

The plug shall be able to be set into the sapwood.

The hole needed for installation of the plug shall not exceed a 3/8 diameter drilled hole.

The plug shall have a soft inner core capable of sealing around an insertion needle during and after an injection of up to 600psi.

The plug shall not contain any metal.

The plug shall not be threaded into the hole.

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 treatment records and updated DBH to the Parks and Forestry Division Manager upon completion of the project.

CONTRACTOR SIGNAGE

The Contractor will not be allowed to post signs on or around any treated tree identifying their business or logo.

POSTING REQUIREMENT

Pesticide warning signs should be posted so as 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 until 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 is to remain for at least 72 hours following the application. Applicators are not required to remove warning signs.

III. REQUIRED INFORMATION

All applicators must possess a valid Wisconsin Commercial Pesticide Applicator’s License.

This form must be returned with your response.

In signing Proposals, we certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit Proposals, that Proposals have been independently arrived at, without collusion with any other Proposers, competitor or potential competitor; that Proposals have not been knowingly disclosed prior to the opening of Proposals to any other Proposers or competitor;

that the above statement is accurate under penalty of perjury.

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

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

COMPANY NAME

SIGNATURE DATE

PRINT NAME OF PERSON SIGNING

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Form A: Signature Affidavit

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

Forms

Initial to Acknowledge

SUBMITTAL

Initial to Acknowledge

RECEIPT

Description of Services/Commodities N/A

Form A: Signature Affidavit

Form B: Receipt of Forms and Submittal Checklist

Form C: Vendor Profile

Form D: References

Form E: Insurance Requirements

Form F: Fee Proposal in separate sealed envelope

Appendix A: Standard Terms & Conditions N/A

Addendum #

Addendum #

Addendum #

VENDOR NAME

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Form B: Receipt of Forms and Submittal Checklist

COMPANY INFORMATION

Company Name (Make sure to use your complete, legal company name.)

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

Contact Name (Able to answer questions about proposal.) Title

Telephone Number Fax Number

Email

Address City State Zip

ORDERS/BILLING CONTACT

Address where City purchase orders/contracts are to be mailed and person the department contacts concerning orders and billing.

Contact Title

Telephone Number Fax Number

Email

Address City State Zip

Form C: Vendor Profile/Qualifications

LOCAL VENDOR STATUS

The City of Sun Prairie has included a local vendor preference granting a scoring preference to local suppliers. Only suppliers within the City of Sun Prairie limits as of the bid’s due date will receive preference.

CHECK ONLY ONE:

� Yes, we are a local vendor.

� No, we are not a local vendor.

CORPORATION INFORMATION

If applicant is a corporation, please complete both columns:

Names of Corporate Officers Names of Corporate Directors

LICENSES AND PROFESSIONAL REGISTRATION

List names of each key person of the firm. If a requested service requires a licensed/registered practitioner, you will be required to provide a copy of such license/registration before work can begin.

Name

Capacity

(Owner, Partner, Etc.)

Current Licenses/Registrations (Include Certificate # if applicable)

License/Registration

Expiration Date

CONFLICT OF INTEREST

A conflict of interest may exist where an employee or close relative/family member has a connection to your business, and a third party may consider that this relationship may compromise the competitive process. Does any employee of your company have a possible conflict of interest with this process? Yes No If yes, please specify the following:

Employee Name: __________________________ Employee Phone Number: _______________

Employee’s Relationship: _________________________

PRIOR WORK

Has your organization ever performed work for the City of Sun Prairie? Yes No If yes, please specify scope of work:

WORK EXPERIENCE

List contracts for similar services or materials that have been completed within the last five years.

Project Location Type of Service Total Amount of Contract

Completion Date

Name/Phone of Owner or Other

References

KEY PROJECT PERSONNEL INFORMATION

Provide the requested information for key personnel who would be assigned to work on contracts awarded or who would, at a minimum, supervise such work.

Name and Title Primary Responsibilities

Years of Experience

Education (Degrees, Certificates)

Other Relevant Experience and/or

Qualifications

JUDGEMENTS AND CLAIMS

Are there any judgements, claims or suits pending our outstanding against you or your organization?

Yes No

If yes, please explain:

DISPUTES REGARDING LIENS

Has any owner or higher-tier contractor with whom you r business has had a contract ever disputed a claim of lien filed by you or your organization? Yes No

RECEIVERSHIP

Have you or your organization filed for bankruptcy, receivership, or reorganization within the last five years?

Yes No

LEGAL INFRACTIONS

Have you or your organization been cited and/or fined for failure to comply with federal or state regulations and/or statues in the past two years? Yes No

BONDING- Only if needed

Attach a letter from your surety company or its agent licensed to do business in Wisconsin verifying your organization’s capacity to provide adequate performance and payment bonds.

Have any funds been expanded by a surety company on your behalf? Yes No

List all of the surety companies that have provided bonds for your company for the past five years:

Information provided in this application may be audited by the City of Sun Prairie.

Provision of information on Form C does not relieve your company from providing the same or additional information as requested in a response to a request for proposal.

Submittal of Form C does not guarantee qualification. Qualification will be given only if your company meets all statutory, regulatory or City requirements, including those not listed on this application. Qualification does not guarantee your company any business.

Your company must update significant information changes in writing within 30 days.

Significant changes include, but are not limited to: change of legal status, TIN, ownership, name, address, as well as loss of licensure or registration, filing of bankruptcy, or suspension by any federal, state, or local government agency.

Failure to provide accurate and reliable information required by this form may, in accordance with any and all applicable laws, result in penalties including, but not limited to, suspension or debarment from doing business with the City of Sun Prairie and termination of contracts.

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Reference # 1 – Client Information Company Name

Contact Name

Address City State Zip

Telephone Number Fax Number

Email

Contract Period Year Completed Total Cost

Description of the Performed Work

Reference # 2 – Client Information

Contact Name

Address City State Zip

Telephone Number Fax Number

Email

Contract Period Year Completed Total Cost

Description of the Performed Work

Form D: References

Reference # 3 – Client Information

Contact Name

Address City State Zip

Telephone Number Fax Number

Email

Reference # 4 – Client Information

Contact Name

Address City State Zip

Telephone Number Fax Number

Email

Reference # 5 – Client Information

Contact Name

Address City State Zip

Telephone Number Fax Number

Email

Reference # 6 – Client Information

Contact Name

Address City State Zip

Telephone Number Fax Number

Email

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Insurance coverage shall be in place prior to commencing work and shall remain in force until the entire project is completed or the length of time that is specified in the contract.

INDEMNIFICATION – Non-Construction

To the fullest extent allowable by law, Contractor hereby indemnifies and shall defend and hold harmless City of Sun Prairie, its elected and appointed officials, officers, employees, or authorized representatives or volunteers and each of them from and against any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, interest, attorneys’ fees, costs, and expenses of whatsoever kind or nature whether arising before, during, or after completion of the work hereunder and in any manner directly or indirectly caused, occasioned, or contributed to in whole or in part or claimed to be caused, occasioned, or contributed to in whole or in part, by reason of any act, omission, fault, or negligence, whether active or passive, of Contractor or of anyone acting under its direction or control or on its behalf in connection with or incident to the performance of this Agreement regardless if liability without fault is sought to be imposed on City of Sun Prairie. Contractor’s aforesaid indemnity and hold harmless agreement shall not be applicable to any liability caused by the sole fault, sole negligence, or willful misconduct of the City of Sun Prairie, or City of Sun Prairie’s representatives. This indemnity provision shall survive the termination or expiration of this Agreement.

In any and all claims against the City of Sun Prairie, or any of its directors, officers, employees, or authorized representatives or volunteers by an employee of the Contractor, any subcontractor, or anyone for whose acts any of them may be liable, the indemnification obligation under this paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Contractor or any subcontractor under Worker’s Compensation Acts, Disability Benefit Acts, or other employee benefit acts.

No provision of this Indemnification clause shall give rise to any duties not otherwise provided for by this Agreement or by operation of law. No provision of this Indemnity clause shall be construed to negate, abridge, or otherwise reduce and other right or obligation of indemnity that would otherwise exist as to the City of Sun Prairie under this or any other contract. This clause is to be read in conjunction with all other indemnity provisions contained in this Agreement. Any conflict or ambiguity arising between any indemnity provisions in this Agreement shall be construed in favor of indemnified parties except when such interpretation would violate the laws of the state in which the job site is located.

Contractor shall reimburse City of Sun Prairie, or any of its directors, officers, employees, or authorized representatives or volunteers, for any and all legal expenses and costs incurred by

Form E: Non-Construction Insurance and Indemnification Requirements each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City of Sun Prairie, or any of its directors, officers, employees, or authorized representatives or volunteers.

INSURANCE REQUIREMENTS – Non-Construction

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.

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 an exclusion 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.

Deductibles and Self-Insured Retentions – Any deductible or self-insured retention must be declared to and approved by the City of Sun Prairie. At the option of the City of Sun Prairie, its elected and appointed officials, officers, employees, or authorized representatives or volunteers, the insurer shall either reduce or eliminate such deductibles or self-insured retentions.

Evidences of Insurance – Prior to execution of the agreement, the Contractor shall file with the City of Sun Prairie, a certificate of insurance (Acord Form 25-S) signed by the insurer’s representative as well as endorsements evidencing the coverage required by this agreement. CG 20 10 11 85 covers all bases OR Form CG 20 10 07 04 for ongoing work exposure and Form CG 20 37 07 04 for products-completed operations exposure. Contractor will also provide form CG 28 04 10 93, Earlier Notice of Cancellation with 30 days’ notice.

Such evidence shall include an additional insured endorsement signed by the insurer’s representative. Such evidence shall also include confirmation that coverage includes or has been modified to include all required provisions 1-8.

Responsibility for Work – Until the completion and final acceptance by the City of Sun Prairie of all the work under and implied by this agreement, the work shall be under the Contractor’s responsibility care and control. The Contractor shall rebuild, repair, restore and make good all injuries, damages, re-erections, and repairs occasioned or rendered necessary by causes of any nature whatsoever.

Sub-Contractors – In the event that the Contractor employs other contractors (sub-contractors) as part of the work covered by this agreement, it shall be the Contractor’s responsibility to require and confirm that each sub-contractor meets the minimum insurance requirements specified above.

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Prepare the Fee Proposal to include the following:

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

2. Contractor shall bill for actual DBH treatment at the per inch price specified in line a below.

a. Treatment Cost Per DBH Inch $ ___________________________

b. Total Cost Per Estimated 6,531” DBH $ ___________________________

3. Will Vendor accept credit card for payment with no additional fees?

________ Yes _______ No

4. Will Vendor accept payment via Electronic Funds Transfer (EFT)?

5. Will Vendor allow Piggybacking of this contract to other government agencies?

The above fees shall be compensation for all the services provided pursuant to this agreement. The cost for project deliverables shall be included as part of the costs above. This fee includes all necessary meetings with the City Council and such Committees, Boards, and Commissions as required. All costs incurred by the contractors and all sub-contractors are included herein.

Any additional services over and above the services described in this agreement shall be provided only when authorized in writing by the City’s designated representative.

For additional services, provide the hourly rate for all staff positions (ie – Engineer

Form F: Fee Proposal

Technician, Project Engineer, etc.) that may be designated for this project and any overhead rates that would apply:

The undersigned, submitting this Proposal, herby agrees with all the terms, conditions, and specifications required by the City in this Request for Proposal, declares that the pricing is in conformity therewith, and attests to the truthfulness of all submissions in response to this solicitation.

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

COMPANY NAME

SIGNATURE DATE

PRINT NAME OF PERSON SIGNING

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