Tree Purchase RFB 2021.pdf

CITY OF SUN PRAIRIE

REQUEST FOR BIDS

Tree Purchase

RFB# 21-PRF03

Date Issued: Friday, January 15, 2021

SUBMIT RFP TO

City of Sun Prairie

Parks, Recreation & Forestry Department

300 E Main St

Sun Prairie, WI 53590

SUBMISSION DEADLINE

Friday, February 5, 2021, 1:00 PM

Table of Contents

OFFICIAL NOTICE

CITY OF SUN PRAIRIE, WISCONSIN

1. DEFINED TERMS

2. COPIES OF BIDDING DOCUMENTS

3. QUALIFICATIONS OF BIDDERS

4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE

5. INTERPRETATIONS AND ADDENDA

6. BID SECURITY

7. CONTRACT TIME

8. LIQUIDATED DAMAGES

9. SUB-CONTRACTORS, SUPPLIERS AND OTHERS

10. INCOME TAX

11. SALES AND EXCISE TAX

12. BID FORM

13. SUBMISSION OF BIDS

14. MODIFICATION OR WITHDRAWAL OF BIDS

15. OPENING OF BIDS

16. BIDS TO REMAIN SUBJECT TO ACCEPTANCE

17. PUBLIC RECORD LAW COMPLIANCE

18. AWARD OF CONTRACT

19. CANCELLATION

20. CONTRACT SECURITY

21. SIGNING OF AGREEMENT

22. TERMINATION OF CONTRACT

23. PAYMENT TERMS AND INVOICING

INDEMNIFICATION

LAWS, REGULATIONS AND PERMITS

SAFETY AND SECURITY

INSURANCE REQUIREMENTS

BID FORM

PROPOSAL

SWORN STATEMENT OF BIDDER

TEN (10) % BID BOND

INSTRUCTIONS FOR EXECUTING THE CONTRACT

PERFORMANCE BOND

PAYMENT BOND

SPECIAL PROVISIONS

OFFICIAL NOTICE

CITY OF SUN PRAIRIE, WISCONSIN

RFB – 21-PRF03

The City of Sun Prairie Parks, Recreation & Forestry Department will receive written bids for tree purchase until 1p.m. local time, 02/05/2020 at the City Clerk’s Office, 300 East Main Street, Sun Prairie, Wisconsin, 53590, at which time the bids will be publicly opened and read aloud.

Bids are invited on the following work:

Nursery Tree Purchase: The Parks, Recreation and Forestry Department anticipates to purchase ~500 trees in 2021, roughly split 50%/50% between a spring and a fall planting. Final quantities for each planting to be determined by Parks Staff closer to planting. Planting is completed under a separate contract. This request for bid is for tree purchase only.

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

No bid shall be considered unless accompanied by a certified or cashier’s check or bid bond equal to 10% of the bid amount payable to the City of Sun Prairie as a guarantee that if their bid is accepted, the bidder will execute and file a Contract within ten (10) days after such acceptance. The accepted bidder will execute and file the Agreement and the Performance and Payment Bonds in the amount equal to 100% of the bid amount within ten (10) days of Notice of Award.

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

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

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

Publication dates: Friday, January 15, 2021 and Friday, January 22, 2021

INSTRUCTIONS TO BIDDERS

1. DEFINED TERMS

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

2. COPIES OF BIDDING DOCUMENTS

1.1 Complete sets of Bidding Documents must be used in preparing Bids; neither the City nor the Parks, Recreation & Forestry Department assumes any responsibility for errors in misinterpretations resulting from the use of incomplete sets of Bidding Documents.

1.2 The City and Parks, Recreation & Forestry Department in making copies of bidding documents available on the above terms do so only for the purpose of obtaining bids on the work and do not confer a license or grant for any other use.

3. QUALIFICATIONS OF BIDDERS

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

4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE

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

a. Examine the Contract Documents thoroughly,

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

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

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

e. Notify the Parks, Recreation & Forestry Department of all conflicts, errors or discrepancies in the Contract Documents.

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

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

5. INTERPRETATIONS AND ADDENDA

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

5.2 All requests for interpretation must be received at least five days prior to the date fixed for the opening of Bids. Addenda will be mailed no later than three days prior to the date fixed for the opening of Bids. Failure of any Bidder to receive any such Addendum or interpretation shall not relieve such Bidder from any obligations under his Bid as submitted. All Addenda so issued shall become part of the Contract Documents.

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

5.4 Addenda may also be issued to modify the Bidding Documents as deemed advisable by the City or the Parks, Recreation & Forestry Department.

6. BID SECURITY

6.1 Each Bid must be accompanied by bid security made payable to Owner in an amount of ten (10) percent of the Bidder's maximum Bid price and in the form of a certified or bank check or a Bid Bond (on form attached) issued by a surety meeting the approval of the City.

6.2 The Bid security of the successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon the Bid security will be returned. If the successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within fifteen days after the Notice of Award, the City may annul the Notice of Award and the Bid security of the Bidder will be forfeited. The Bid security of other Bidders whom the City believes to have a reasonable chance of receiving the award may be retained by the City until the earlier of the seventh (7th) day after the effective date of the Agreement of the sixty-first (61st) day after the Bid opening, whereupon Bid security furnished by such Bidders will be returned.

Bid security with bids that are not competitive will be returned within seven (7) days after the Bid opening.

7. CONTRACT TIME

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

8. LIQUIDATED DAMAGES

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

8.1 SUBSTITUTE OR "OR-EQUAL" ITEMS

The contract, if awarded, will be on the basis of materials and equipment described in the drawings or specified in the Specifications without consideration of possible substitute or "or-equal" items.

Whenever it is indicated in the drawings or specified in the specifications that a substitute or "or-equal" item of material or equipment may be furnished or used by Contractor if acceptable to the

Parks, Recreation & Forestry Supervisor application for such acceptance will not be considered by the Parks, Recreation & Forestry Supervisor, until after the effective date of the Agreement.

9. SUB-CONTRACTORS, SUPPLIERS AND OTHERS

9.1 If the Supplementary Conditions require the identity of certain Sub-Contractors, suppliers and other persons and organizations (including those who are to furnish the principal items of material and equipment) to be submitted to the City in advance of the specified date prior to the effective date of the agreement, the apparent successful Bidder, and any other Bidder so requested, shall within seven days after the bid opening submit to the City a list of all such Sub-Contractors, suppliers and other persons and organizations proposed for those portions of the work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Sub- Contractor, supplier, other person or organization, either may before the Notice of Award is given request the apparent successful Bidder to submit an acceptable substitute without an increase in Bid price. If apparent successful Bidder declines to make any such substitution, the City may award the contract to the next lowest Bidder that proposes to use acceptable Sub-Contractors, suppliers and other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any Bidder. Any Sub-Contractor, supplier, other person or organization listed and to whom the City or the Building Maintenance Supervisor does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to the City and the Parks, Recreation & Forestry Supervisor subject to revocation of such acceptance after the effective date of the Agreement.

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

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

10. INCOME TAX

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

11. SALES AND EXCISE TAX

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

12. BID FORM

12.1 The Bid Form is included with the bidding documents. The Bid must not be separated from the attached volume.

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

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

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

12.5 All names must be printed below the signature.

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

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

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

13. SUBMISSION OF BIDS

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

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

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

14. MODIFICATION OR WITHDRAWAL OF BIDS

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

15. OPENING OF BIDS

Bids will be opened and (unless obviously non-responsible) read aloud publicly. An abstract of the amounts of the base bids and major alternates (if any) will be made available to Bidders after the opening of Bids. Upon opening of bids, the city of Sun Prairie shall become the owner of all submitted bids and bids are subject to open records requests.

16. BIDS TO REMAIN SUBJECT TO ACCEPTANCE

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

17. PUBLIC RECORD LAW COMPLIANCE

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

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

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

18. AWARD OF CONTRACT

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

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

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

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

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

18.6 The City shall be satisfied that the Bidder involved:

1. maintains a permanent place of business;

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

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

4. has appropriate technical experience; and

5. can submit a satisfactory performance record.

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

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

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

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

19. CANCELLATION

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

20. CONTRACT SECURITY

When the successful Bidder delivers the executed Agreement to the City, it must be accompanied by the required performance and payment bonds.

21. SIGNING OF AGREEMENT

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

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

22. TERMINATION OF CONTRACT

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

23. PAYMENT TERMS AND INVOICING

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

A good faith dispute creates an exception to prompt payment.

INDEMNIFICATION – 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, its elected and appointed officials, officers, employees or authorized representatives or volunteers. 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 Consultant, 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 Consultant 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, its elected and appointed officials, officers, employees, or authorized representatives or volunteers, for any and all legal expenses and costs incurred by 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 elected and appointed officials, officers, employees or authorized representatives or volunteers.

LAWS, REGULATIONS AND PERMITS - Construction

The Contractor shall give all notices required by law and comply with all laws, ordinances, rules and regulations pertaining to the project. The Contractor shall also be liable for all violations of the law in connection with work furnished by the Contractor. If the Contractor observes that the drawings or specifications are at variance with any law or ordinance, rule or regulation, he/she shall promptly notify the City of Sun Prairie engineer in writing and any necessary changes shall be made by written instruction or change order. If the Contractor performs any work that it knew or should have known to be contrary to such laws, ordinances, rules or regulations and without giving notice to the City of Sun Prairie engineer, the Contractor shall bear all costs arising therefrom.

SAFETY AND SECURITY – Construction

The Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. The Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kids of work.

In carrying out its work, the Contractor shall at all times exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under with the work is to be performed, and be in compliance with all applicable federal, state and local stator and regulatory requirements including Wisconsin labor Code; and the U.S. Department of Transportation Omnibus transportation employee Testing Act. Safety precautions, as applicable, shall include but not be limited to: adequate life protection and life-saving equipment;

adequate illumination; instructions in accident prevention for all employees, such as the use of machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection, and other safety devices; equipment and wearing apparel as are necessary or lawfully required to prevent accidents, injuries, or illnesses; and adequate facilities for the proper inspection and maintenance of safety measures.

The Contractor shall be responsible for the safeguarding of all utilities. At least two working days before beginning work, the Contractor shall call the “Diggers Hotline” Service in order to determine the location of substructures.

The Contractor shall immediately notify the City of Sun Prairie and the utility owner if he/she disturbs, disconnects, or damages any utility.

In accordance with Wisconsin Labor regulations, the Contractor shall submit to the City of Sun Prairie specific plans to show details of provisions for worker protection form caving ground during excavations of trenches of five feet or more in depth. The excavation/trench safety plan shall be submitted to and accepted by the City of Sun Prairie prior to starting excavation. The trench safety plan shall have details showing the design of shoring, bracing, sloping or other provisions to be made for worker protection from the hazard of caving ground. If such a plan varies from the shoring system standards established by the State of Wisconsin, a Wisconsin registered civil or structural engineer shall prepare the plan, a note shall be included stating that the registered civil or structural engineer certifies that the plan complies with the applicable construction codes in Wisconsin or that the registered civil or structural engineer certifies that the plan is not less effective than the shoring, bracing, sloping, or other provisions of the existing law or regulations. In no event shall the Contractor use a shoring, sloping or protective system less effective than that required by the State. Submission of this plan in no way relieves the Contractor of the requirement to maintain safety in all areas. If excavation or trench work requiring a permit is to be undertaken, the Contractor shall submit his/her permit with the excavation/trench work safety plan to the City of Sun Prairie before work begins. The names and telephone numbers of at least two medical doctors practicing in the vicinity and the telephone number of the local ambulance service shall be prominently displayed adjacent to telephones.

INSURANCE REQUIREMENTS – 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 Contractors; products and completed operations of the Contractor; premises occupied or used by the Contractor; and vehicles owned, leased, hired or borrowed by the Contractor. 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.

2. 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.

3. 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.

4. 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.

5. 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.

6. 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.

7. 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.

8. 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 1-5.

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.

BID FORM

CITY OF SUN PRAIRIE, WISCONSIN

RFB – 21-PRF03

Bids will no longer be received after 1 p.m., local time, 02/05/2021 BID OPENING: 2 p.m., local time, 02/05/2021

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

PROPOSAL TO THE CITY OF SUN PRAIRIE, WISCONSIN

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

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

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

Name of Proposed Sub-Contractor Class of Work

PROPOSAL

SECTION 1: PROPOSED PRICES FOR SPECIFIED WORK

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

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

SECTION 2: SUPPLEMENTAL FIXED PRICES

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

See enclosed Schedule, if included.

SECTION 3: TIME OF COMPLETION

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

The project as outlined in the Contract Documents shall be complete by 12/01/2021. If this date is not met, the successful bidder shall pay as liquidated damages the sum of $500 per day for each day of delay after

a) Begin Project: __________________________________

b) Complete Project: _______________________________

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

SECTION 4: ADDENDUM RECEIPT

We acknowledge the receipt of the following Addenda:

NUMBER AND DATE OF ADDENDUM

SECTION 5: BID SECURITY

The following documents are attached to and made a condition of this Proposal Bid Form:

Required Bid Security in the form of __________________________________________________ (Bond or Certified Check) in the amount of ____________________________________________________________ Dollars

(Written) and _______________________________________ Cents, $ _____________________________ (Written) (Numerical) as required by these Contract Documents.

SECTION 6: COMMENCEMENT OF WORK

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

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

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

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

SECTION 7: TIME OF COMPLETION

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

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

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

SECTION 8: PAYMENT TERMS

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

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

Completed W-9 attached? ______Yes ______No

SWORN STATEMENT OF BIDDER

AS REQUIRED BY

WISCONSIN STATUTE 66.29 (7)

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

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

Signature _________________________________________________________

Title _____________________________________________________________

This proposal submitted by _______________________________________________________________________

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

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

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

(Print Name of Bidder)

By _______________________________________________ (Signature)

Title ______________________________________________

Questions regarding this bid should be submitted to:

Name of Office Completing bid form: ______________________________________________________________

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

Subscribed and sworn to me this

__________ day of ___________________, 2019.

Notary Public _________________________________

My Commission Expires: ________________________

City of Sun Prairie Tree Purchase Bid Form

If you do not have the species, size, or stock type available, please just leave the cost and quantity spaces blank. The City understands that the quantity available may change rapidly through the year. Please complete for quantity available now. Prices must include delivery.

You may substitute your own price list in lieu of this form as long as all pertinent information is included.

Species B&B Size

B&B Cost

Quantity Available

Container Grown Size

Container Grown Cost

Quantity Available

List Species and/or Cultivars Available for each Genus

Acer Maple

1.50” 1.50” 1.75” 1.75” 2.00” 2.00”

Amelanchier Serviceberry *tree form ONLY

1.50” 1.50” 1.75” 1.75” 2.00” 2.00”

Carpinus Musclewood

1.50” 1.50” 1.75” 1.75” 2.00” 2.00”

Corylus Filbert

1.50” 1.50” 1.75” 1.75” 2.00” 2.00”

Gingko Gingko

1.50” 1.50” 1.75” 1.75” 2.00” 2.00”

Gleditsia Honeylocust

1.50” 1.50” 1.75” 1.75” 2.00” 2.00”

Gymnocladus Coffeetree

1.50” 1.50” 1.75” 1.75” 2.00” 2.00”

Malus Crabapple

1.50” 1.50” 1.75” 1.75” 2.00” 2.00”

Ostrya Ironwood

1.50” 1.50” 1.75” 1.75” 2.00” 2.00”

Platanus Planetree

1.50” 1.50” 1.75” 1.75” 2.00” 2.00”

Pyrus Flowering Pear

1.50” 1.50” 1.75” 1.75” 2.00” 2.00”

Quercus Oak

1.50” 1.50” 1.75” 1.75” 2.00” 2.00”

Sorbus Mountain Ash

1.50” 1.50” 1.75” 1.75” 2.00” 2.00”

Syringa Lilac

1.50” 1.50” 1.75” 1.75”

2.00” 2.00” Tilia Linden

1.50” 1.50” 1.75” 1.75” 2.00” 2.00”

Ulmus Elm

1.50” 1.50” 1.75” 1.75” 2.00” 2.00”

TEN (10) % BID BOND

(The following 10% Bid Bond is to be executed and submitted with the bid.)

KNOW ALL MEN BY THESE PRESENTS:

THAT _____________________________________________ (hereinafter called the Principal) as Principal and the a corporation created and existing under the laws of the State of _______________________________________ , with its' principal office in the City of __________________________________________________ (hereinafter called the Surety), as Surety, are held and firmly bound unto __________________________________ (hereinafter called the Owner, in the full and just sum of __________________________________________________ Dollars ($__________), good and lawful money of the United States of American, to the payment of which sum of money well and truly to be made, the said Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

Signed, sealed and dated this _______________ day of ___________________, 2019.

THE CONDITION OF THIS OBLLIGATION IS SUCH, that, if the Owner shall make any award to the Principal for _______________________________________________________________________ according to the terms of the Bid made by the Principal therefore, and the Principal shall duly make and enter into a contract with the Owner in accordance with the terms of said Bid and award and shall give Bond for the faith performance thereof with _____________________________________. Surety or Sureties approved by the Owner; or if the Principal shall, in case of failure so to do, pay to the Owner the amount of this Bond, then this obligation shall be null and void; otherwise, it shall be and remain in full force and effect.

IN TESTIMONY WHEREOF, the Principal and Surety have caused these presents to be duly signed and sealed.

_____________________________ (SEAL)

_____________________________ (SEAL)

_______________________________ _____________________________ (SEAL)

(IF INDIVIDUAL OR FIRM)

_____________________________ (SEAL)

Principal

ATTEST:

(IF CORPORATION) __________________________________

(Corporate Surety) By _______________________________

Attest: _____________________________

INSTRUCTI…