FALL TREE PLANTING CONTRACT

Bid #08-23, Page 1 of 14 DATE: July 25, 2007 REQUEST FOR BID: #08-23, Fall Tree Planting Contract NOTICE TO BIDDERS: Sealed bids will be received at the Office of the City Clerk, until the time and date specified below, for: FALL TREE PLANTING CONTRACT ADDRESS BIDS TO: Attention City Clerk, City Hall, 410 E. Washington Street, Iowa City, IA 52240, on or before the bid opening local time and date specified below. FAXED and E-Mailed bids will not be accepted. Bids shall be sealed and clearly marked on the front "Bid for Fall Tree Planting Contract, 08-23." BID OPENING DUE: 2:30 p.m., August 8, 2007, Lobby Conference Room, City Hall, 410 E. Washington Street, Iowa City, IA. The City is not responsible for delays occasioned by the U.S. Postal Service, the internal mail delivery system of the City, or any other means of delivery employed by the bidder. Similarly, the City is not responsible for, and will not open any bid responses which are received later than the date and time stated above. BONDS AND INSURANCE: Insurance is required, as specified in Section II-B. No bid security or performance bond is required. QUESTIONS: Specifications: Terry Robinson Parks & Forestry Superintendent 319-356-5107 M-F, 8:00 am - 4:00 p.m. Purchasing: Blythe Adams, Buyer I Purchasing Division 319-356-5077 M-F, 8:00 am - 4:00 p.m. blythe-adams@iowa-city.org INDEX: Section I Section II Section III Specific Conditions and Instructions to this Request for Bid General Conditions and Instructions to Bidders Bid Form Bid #08-23, Page 2 of 14 SECTION I: SPECIFIC CONDITIONS AND INSTRUCTIONS TO THIS REQUEST FOR BID A. SCOPE OF WORK The City of Iowa City Forestry Division is seeking contract pricing to provide all trees, labor, materials and necessary equipment where specified for 44 trees. Location of trees will be given to the Awarded Contractor. In all cases, vendors shall bid species of trees requested, as a minimum. Bids for alternates or changes are to be specified and priced separately. B. BID REQUIREMENTS 1. 2. 3. 4. 5. The bidder is responsible for all costs related to the preparation of this bid. The format of the vendor’s bid must be consistent with the format of the specifications listed. No bid security or performance bond will be required for this contract. Insurance is required before commencement of work, see Section II,#18. The submission of a bid by the vendor implies the vendor’s acceptance of the terms and conditions of this bid, unless otherwise stated. Bidders are required to meet all qualifications and specifications of this bid in order to be considered for award. Proposed pricing shall be F.O.B. destination. Proposed pricing shall include all trees, labor, materials, and equipment required to fulfill the scope of this contract. At the time of the bid opening, it will be assumed that each bidder has read and is thoroughly familiar with the contract documents. The failure or omission of a bidder to examine any document shall in no way relieve the bidder from any obligation in respect to its bid. All bidders must be capable of performing the services specified in this document. Before the award of this contract, any bidder may be required to show that they have the necessary equipment, experience, ability, and financial resources to perform the work within the time stipulated in a manner that is acceptable to the City of Iowa City. Bidders must include the following items with their submitted bid: a. Bidders are required to submit a minimum of three (3) letters of recommendation for projects performed by the vendor similar in scope to the project specified in this request for bid. Each letter of recommendation must specify a contact name, business name and address, phone number, and explanation of the project performed by the vendor. Failure to provide a minimum of three (3) letters of recommendation will deem the vendor’s bid incomplete and will be just cause for rejection of the bid submitted. All letters of recommendation must be for projects completed within the last two (2) years. A Completed and Signed Bid Form (Section III) 6. 7. 8. 9. 10. b. Note: The City reserves the right to reject the vendor’s bid if it does not contain the items referenced in #10. C. CONTRACT AWARD 1. Award of this contract will be made to the lowest responsive, responsible bidder whose bid, conforming to the solicitation, will be the most advantageous to the City of Iowa City. Past performance of the bidder and completeness of the bid will be considered for award. 2. Bid #08-23, Page 3 of 14 Award of the contract by the City of Iowa City will be based on the lowest responsible bid submitted, which meets the requirements of the bid. The City reserves the right to reject any and all bids, to accept in whole or in part, to waive any informalities in bids received, to accept bids separately or combine bids when it is in the best interest of the city. Consideration will also be given to past experience with the City of Iowa City. The City reserves the right to increase and/or decrease the contract to the extent of funds available in the budget. The City reserves the right to evaluate tree species in addition to cost and where not available to rebid in the fall. The City of Iowa City reserves the right to accept or reject any exception taken by the vendor to the terms and conditions of the request for bid. It is the intent of the City to make an award, in the form of a Purchase Order, within ten (10) working days of the bid opening date. Award, if made, will be in accordance with the terms and conditions herein. Awarded vendor will be required to submit a current certificate of insurance prior to commencement of work. The certificate of insurance shall include the following items: • • • The City of Iowa City will be named as additional insured Project bid number and project title as the description Insurance carriers will be rated as A or better by A.M. Best 3. 4. 5. 6. D. The City of Iowa City reserves the right to make changes to the contract after commencement of work. MATERIALS 1. Plants a. Nomenclature Scientific and common names in conformity with U.S.D.A. listings and those established nursery suppliers. 2. Standards a. All plants must conform to the standards established by the American Association of Nurserymen and shall display the following form and branching habits: unless otherwise specified, trees to be suitable for planting as street trees are to be free of branches to a point at 50% of their height and contain an absolute minimum of six (6) well-placed branches, not including the leader. Plants shall be measured when branches are in their normal position. For deciduous, caliper measurement shall be taken at a point on the truck six inches (6”) above the natural ground line. b. 3. Health a. All plants shall have a normal growth habit and shall be sound, healthy, vigorous plants with well developed root systems. Plants shall be free of disease, insect pests, eggs, or larvae. All plant roots and root-balls must be kept in a moist condition and not allowed to dry at anytime. This includes but is not limited to the time during delivery to the contractor by their supplier, transportation by the contractor to the site, storage of the material at the site or at their facility, or during placement at the site before planting. Plant materials will be rejected immediately, if in the opinion of the City Forester or other City representative the plant materials have not been maintained in an appropriate moist condition as noted above. b. 4. Development Trees which have no leader or have a damaged or crooked leader, or multiple leaders, unless specified, will be rejected. Plants shall be freshly dug. Bid #08-23, Page 4 of 14 5. Fertilization To be performed by the City of Iowa City. 6. Containers a. b. Deciduous trees may be balled and burlapped or container-grown. All plants shall be B&B or in standard containers unless they are designated otherwise. B&B plants shall be adequately balled with firm, natural balls of earth of diameter and depth not less than that recommended by the American Association of Nurserymen. Balls shall be firmerly wrapped with burlap. No balled plants shall be planted if the ball is cracked or broken either before or during the process of planting. At a minimum, 80% of all plantable containers must be removed. E. INSTALLATION 1. Planting Season and Completion Date a. b. c. Completion Date: October 29, 2007. Planting season: September 11, 2007 through October 29, 2007 It should be understood that while the planting date above is recommended the contractor may plant outside the limits of such dates with the prior permission of the City Forester. 2. Personnel The planting shall be performed by personnel familiar with the accepted procedures of planting and under the constant supervision of a qualified planting foreman. 3. Installing Plants a. b. Plant placement shall be made nearly as possible to the list of designated locations. Contractor shall inform the City Forester of the starting date and location. All planting soil must be approved by the City Forester before use. The City will obtain approval of utilities in advance, but all utilities must be advised by the contractor twenty-four (24) hours in advance of actual planting date. Some utilities may want to accompany the planting contractor. All trees to be hand planted because of buried utilities next to, or directly underneath planting hole. c. d. Plants shall be planted in the center of the hole excavated by the contractor. The planting hole shall be excavated at least eighteen inches (18”) in diameter larger than the root ball or container. All trees shall be planted with the root collar (root to stem transition zone) visible at ground level, with the first main order lateral roots at or slightly below (1” to 2”) this point. For the purposes of this contract the root collar is defined as the point immediately above where the first main order lateral roots attach to the stem. Soil shall be backfilled in layers and each successive layer shall be lightly tamped before the next layer is put in place. Enough soil shall be used to bring the surfaces to proper grades after planting as described in letter e. e. f. g. Bid #08-23, Page 5 of 14 h. A water ring five inches (5”) high and five inches (5”) wide at the base will be built around each tree. The ring will be placed so as to be directly over the interface of the edge of the planting hole and the replaced soil. All soil left over from the water ring, shall be removed by the Contractor. Fill planting soil in hole as outlined in letter f. At the point when the planting hole is ½ full, cut away all remaining exposed ropes, strings, wires, and burlap. Finish planting as outlined above. Contractors will be required to remove, replace, and replant trees not planted according to the to the prescribed procedures, immediately upon notification by the City Forester. The contractor shall water thoroughly newly installed plant material upon planting, with a final watering when all plants are installed. The contractor shall notify the City Forester upon commencement of final watering. The contractor shall stake and guy all trees according to standards established by the AMERICAN ASSOCIATION OF NURSERYMEN. In an effort to cut costs the City will supply the steel fence posts needed to stake all the trees planted. NOTE: The City does not anticipate soil replacement to be needed. If soil replacement is needed, contact the City Forester to negotiate a replacement rate. i. j. k. F. REPLACEMENT 1. Plant replacement is to be made at not cost to the City prior to one year from completion and acceptance date. Trees are to be guaranteed for one (1) year from date of acceptance. Trees determined by the City Forester to be dead or in poor health will be removed immediately by the Contractor upon notification by the City Forester. Trees removed as noted in item #2 before the end of the 1 year guarantee will be replaced at a date determined by the City Forester. Trees so replaced will have an alternate guarantee date of 1 year from the date of planting. 2. 3. G. COMPLETION AND PLACEMENT 1. All work as herein specified shall adhere to the completion date. In the event the weather conditions do not permit the on-time completion of the contract, the City Forester will determine an alternate completion date. This alternate date shall be consistent with the delay time encountered by the contractor. Contract work not finished by the completion date or alternate completion date as determined by the City Forester shall be subject to a penalty of $100.00 per day; said penalty shall be deducted from the contract amount. Damage repair work not completed by the required date shall be penalized $100.00 per day. Payment shall be made, in accordance with Section II (#33), at the end of the contract and upon acceptance by the City of Iowa City. No partial payment shall be made during the progress of the contract. 2. 3. THE ABOVE CONDITIONS AND INSTRUCTIONS CLARIFY THIS SPECIFIC BID PACKAGE BUT ARE IN ADDITION TO THE ATTACHED GENERAL CONDITIONS AND INSTRUCTIONS FOR FORESTRY CONTRACTS. SECTION II. GENERAL CONDITIONS & INSTRUCTIONS TO BIDDERS FOR FORESTRY PROJECTS 1. Addressing of Bids Bid #08-23, Page 6 of 14 Bids shall be addressed to the attention of the City Clerk’s Office, City Hall, 410 East Washington Street, Iowa City, Iowa 52240, on or before the bid opening. No faxed bids will be accepted. Bid shall be submitted in a sealed envelope, clearly marked on the front with bid number and due date. 2. Bidders Present At the time of the bid opening, pricing and other pertinent information will be read aloud to bidders who may be present either in person or by representative. 3. Late Bids/Withdrawal of Bids After the specified bid opening time, formal bids, amendments or requests for withdrawal of bids will not be considered. A written request for withdrawal of a bid or any part thereof may be granted, if the request is received by the City prior to specified time of opening. 4. Lists The lists, attached, show the location(s) of the proposed project. Bidders are required to examine, to their satisfaction, the plans, specifications and special provisions, and to make sure that the requirements are fully understood. They must satisfy themselves by actual examination of the site as to the nature of the work and the conditions affecting the performance of the contract. 5. Competency of Bidder No bid will be accepted from or contract awarded to any person, firm or corporation that is in arrears or in default to the City of Iowa City upon any debt or contract, or has failed to perform faithfully any previous contract with the City. The bidder, if requested, must present evidence of performance ability and possession of necessary facilities, pecuniary resources and adequate insurance to comply with the terms of these specifications and contract documents. Requested materials or evidence must be presented within a specified time and to the satisfaction of the City. 6. Award or Rejection of Bids The contract will be awarded to the lowest responsible and responsive bidder complying with the provisions of the Invitation, provided the bid price is reasonable and in the best interest of the City to accept it. The City reserves the right to reject any and all bids, to accept in whole or in part, and to waive any informalities in bids received. The City also reserves the right to accept bids on materials or equipment with variations from specifications in those cases where efficiency of operation will not be impaired, and unless otherwise specified by the bidder, to accept any item in the bid. The Purchasing Agent also reserves the right to reject a bid if the contractor has previously failed to perform properly or complete on time contracts for a similar nature. If an investigation reveals that a contractor who has submitted a bid is not in a position to perform the contract, the Purchasing Agent reserves the right to reject the submitted bid. In determining responsibility, the following additional qualifications will be considered by the City: a. b. c. d. The ability, capacity, and skill of the bidder to perform the service required within the specified time The character, integrity, reputation, experience, and efficiency of the bidder The quality of performance of previous contracts or services The previous and existing compliance by the bidder with laws and ordinances relating to previous contracts with the City and to the bidder's employment practices If reasonable doubts arise as to bidder's solvency, the City reserves the right to require financial information sufficient to show solvency and/or require a performance bond e. Bid #08-23, Page 7 of 14 f. g. The quality, availability, and adaptability of supplies or contractual service to the particular use required The ability of the bidder to provide future maintenance and service for the use of the subject of the contract Guarantees and warranties Whether the bidder is in arrears to the City, in debt on a contract, or is a defaulter on surety to the City The resale value of the equipment or the items contained within the contract Other relevant information as may be secured by the City having a bearing on the decision to make the award OFFICERS NOT TO BENEFIT. Upon signing this agreement, Consultant acknowledges that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5 h. i. j. k. l. 7. Laws Relating to Work The Contractor shall conduct the work so as not to conflict with any Federal, State, or local laws, ordinances, and regulations. 8. Competency of Bidders Bidders shall have adequate personnel and equipment to perform the work as specified. Bidders may be required to supply detailed statements covering equipment, experience of similar work and such statements of their financial resources as may be deemed necessary. 9. Bid Bond, Certified or Cashier's Check BID SECURITY. When required, no bid shall be considered unless accompanied by either of the following forms of bid security: A certified or cashier’s check drawn on a solvent Iowa bank or a bank chartered under the laws of the United States, or a certified share draft drawn on a credit union in Iowa or chartered under the laws of the United States, in an amount equal to a minimum of ten percent (10%) of the bid, or A bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in a penal sum of a minimum of ten percent (10%) of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City as liquidated damages in the event the successful bidder fails to enter into a contract within fourteen (14) calendar days and, when required, post bond satisfactory to the City insuring the faithful performance of the contract and maintenance of said work, if required, pursuant to the provisions of the bid documents and other contract documents. The amount of the check, draft or bond shall not constitute a limitation upon the right of the City of Iowa City, Iowa, to recover for the full amount of such damage. Security deposits of the lowest two (2) or more bidders may be retained pending contract award or rejection. All other security deposits will be returned promptly. 10. Security - Performance Bonds The successful bidder will be required to furnish a bond in the amount of one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City and shall guarantee the prompt payments of all materials and labor and protect and save harmless the City from claims and damages of any kind caused by the operation of the contract, and shall also guarantee the maintenance of the improvement for a specified period following its completion and acceptance by the City. A letter of Irrevocable Credit from a responsible Bid #08-23, Page 8 of 14 lending agency approved by the City, for the same guarantee(s) as noted above, may be submitted for approval. The City reserves the right to accept or reject this form of guarantee. 11. Execution of Contract Failure to file contract bond, if required, in the sum specified or to execute the contract within ten (10) days after the award by the City, shall be just cause for the annulment of the award or of the contract, if executed, and it is understood by the bidder that in the event of the annulment of the award of the contract the amount of the bid bond shall be retained by the City due to the delay and failure of the bidder to enter into contract. 12. Project Time Frame Work may commence immediately after execution of the specific contract and its approval by the City and shall be completed and ready for final inspection by the specified contract completion date. 13. Specifications The intent of the specifications is to provide for the Forestry Project in every detail as described herein. It shall be understood by the contractor that he/she will furnish all the labor, materials, tools, transportation and supplies required for the project in accordance with the intent of the contract. It is understood that the apparent silence of the specifications as to any detail or the apparent omission of a detailed description concerning any point, shall be regarded as meaning that only the best general practice is to prevail, and that only equipment and workmanship of the first quality is to be used. 14. Authority of City Forester The Forester will have general supervision over the Forestry Project to be performed by the contractor and will decide any questions that arise with reference to the intent of the contract documents and compliance therein. He/she will pass on all questions relating to the work, progress and disputes. 15. Laws to be Observed The contractor is presumed to be familiar with all laws, ordinances and regulations that may in any manner affect those engaged or employed upon the work or equipment used in the forestry project or that in any way affect the conduct of the work. The contractor shall conduct the work so that conflicts with any such laws, ordinances or regulations will be avoided and he/she shall hold harmless the City of Iowa City and its representatives against any claim arising from violation thereof. 16. Safety, Health, and Sanitation In the performance of his/her contract, the contractor shall comply with all applicable federal, state and local laws governing safety, health, and sanitation. The contractor shall furnish such additional safeguards and safety devices and protective equipment and shall take action as the Forester may determine as being reasonably necessary to protect the life and health of his/her employees and the public. 17. Permits and Licenses The contractor shall procure all necessary permits and licenses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of his/her operations. Six (6) no parking signs will be provided at no charge. 18. Liability Insurance A. CERTIFICATE OF INSURANCE/CANCELLATION OR MODIFICATION 1. Before commencing work, the Contractor shall submit a Certificate of Insurance meeting the requirements specified herein, to be in effect for the full contract period. The Certificate of Insurance Bid #08-23, Page 9 of 14 must be approved by the City of Iowa City before commencement of work. 2. The Contractor shall notify the City in writing at least thirty (30) calendar days prior to any change or cancellation of said policy or policies. Cancellation or modification of said policy or policies shall be considered just cause for the City of Iowa City to immediately cancel the contract and/or to halt work on the contract, and to withhold payment for any work performed on the contract. Responsibility for Damage Claims (1107.12 Iowa Supreme Court) - Notwithstanding the above, it is specifically agreed between the parties executing this contract that it is not intended by any of the provisions of any part of the contract documents to create in the public or any member thereof a third party beneficiary hereunder, or to authorize anyone not a party to this contract to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this contract. It is understood that no subcontractor is a third party beneficiary to any contract between the Contracting Authority and the prime contractor. Nothing in any special provision or any supplemental specification shall be construed as eliminating or superseding the requirements of this section. 3. 4. B. MINIMUM COVERAGE 1. Any policy or policies of insurance purchased by the Contractor to satisfy his/her responsibilities under this contract shall include contractual liability coverage, and shall be in the following type and minimum amounts: Insurance Requirements Informal Project Specs: Class I (under $1M) Type of Coverage a. Comprehensive General Liability (1) Bodily Injury & Property Damage b. Automobile Liability $500,000 $1,000,000 Combined Single Limit $500,000 Each Occurrence Aggregate (1) Bodily Injury & Property Damage c. Worker's Compensation Insurance as required by Chapter 85, Code of Iowa. The City requires that the Contractor’s Insurance carrier be A rated or better by A.M. Best. WHEN ADDITIONALLY REQUIRED: (d) Errors & Omissions (e) Fidelity Bond (minimum) C. $500,000 $50,000 HOLD HARMLESS/ENDORSEMENT REQUIRED 1. The Contractor shall indemnify, defend and hold harmless the City of Iowa City and its officers, employees, and agents from any and all liability, loss, cost, damage, and expense (including reasonable attorney's fees and court costs) resulting from, arising out of, or incurred by reason of any claims, actions, or suits based upon or alleging bodily injury, including death, or property damage arising out of or resulting from the Contractor's operations under this Contract, whether such operations be by himself or herself or by any Subcontractor or by anyone directly or indirectly employed by either of them. 2. Bid #08-23, Page 10 of 14 It is further specifically stipulated that the Contractor's insurance coverage shall include an endorsement that, with regard to Contractor's insurance coverage, the Contractor shall never assert any claim against the City, its officers or employees, arising in any way from this agreement. Contractor is not, and shall not be deemed to be, an agent or employee of the City of Iowa City, Iowa. 3. 19. Protection of Work and Property The Contractor shall carefully protect all property, including, but not limited to, structures, utilities, turf, walks and driveways from damage, injury or loss arising in connection with this contract. All damages shall be satisfactorily restored by the contractor at his/her expense by repairing or replacing all damaged property. The contractor shall provide, erect, and maintain at his own expense without further order, suitable and requisite barriers, signs or other adequate protection. The Contractor shall also provide, keep, and maintain such lights, danger signals or watchmen as may be necessary, or as may be ordered by the Forester or his/her representative, to ensure the safety of the public as well as those engaged in the work. All barricades and obstructions shall be protected at night by lights that shall be kept burning from sunset to sunrise. No tree or limbs shall be lowered onto any street without having persons stationed in the streets to stop traffic from both directions at the time the tree of limbs are being lowered unless the street has been duly barricaded in accordance with City ordinances. It is understood that no authority is given by this section authorizing the contractor to block a street without direct permission of the City. The contractor must comply at all times with existing ordinances and those that become effective during this contract period. 20. Subletting of Contract The contractor shall not assign or sublet any portion of his contract without the written consent of the City of Iowa City. 21. Methods and Equipment The Forester reserves the right to check all equipment to determine if it is adequate to properly execute the contract. The equipment, appliances, and methods used shall produce a satisfactory quality of work and continuous progress. If at any time the equipment, appliances, or methods being used are such that the quality of the finished product is not satisfactory or a constant rate of progress is not being maintained, the contractor shall make such changes to the equipment or appliances or furnish such new equipment or appliances or adopt such methods as will ensure a satisfactory finished product within the contract period. Permission given by the Forester to use any particular method, equipment or appliances shall not be construed: a. To relieve the contractor from furnishing other equipment or appliances or adopting other methods for the prosecution of the work at any time it appears necessary to do so in order to produce work complying with the specifications. To bind the City of Iowa City to accept a product which when finished does not conform to the requirements of the contract. b. 22. Temporary Suspension of Work Work shall be suspended when, in the opinion of the Forester, weather or other conditions are unfavorable to its satisfactory execution. Work shall also be suspended at the direction of the Forester pending settlement of disputes arising out of failure of the contractor to comply with the provisions of the contract. Written notice of suspension of work will be given by the Forester. When the conditions causing suspension no longer exist, such written notice shall be given to the contractor by the Forester. Promptly after such written notice, the contractor shall resume prosecution of the work. 23. Contracts and Default Bid #08-23, Page 11 of 14 The City of Iowa City may declare a contract in default for any one of the following reasons: a. b. c. 24. Failure or refusal to comply with an order of the Forester within a reasonable time Bankruptcy or insolvency or the making of an assignment for the benefit of creditors Failure to carry out the work in an acceptable manner Completion of Contracts in Default If for any reason a contract is declared in default, the City of Iowa City shall have the right, without process or action at law, to take over all or any portion of the work by securing forestry project operations from another source. Written notice shall be given to the contractor by the City of Iowa City that his contract has been declared in default and, upon receiving such notice, the contractor shall peaceably relinquish possession of such work or as specified in the notice. Neither the contracting authority nor any member or employee thereof shall be in any way liable or accountable to the contractor or his/her surety for the method by which the completion of said work, or any portion thereof, may be accomplished or for the price paid thereof. Should the cost of completing the work be in excess of the original contract price, the contractor and his/her surety shall be held responsible for such excess cost. Should the cost of such completion, including all proper charges, be less than the original contract price, the amount so saved shall be paid to the contractor. Neither by taking over the work nor by declaring the contract in default shall the City of Iowa City forfeit the right to recover damages from the contractor or his/her surety for failure to complete the entire contract. 25. Public Utilities The contractor must also realize that all drops, outages, etc., can only be done through daylight hours and associated tree work must be completed in time to allow power by darkness. Arrangements for this type of service are to be made with the utility companies by the contractor at least 24 hours in advance. Communication cables, overhead or underground, either lead or neoprene covered, or open wire on insulators shall be protected with extraordinary care by the contract. 26. Contractor's Employees The Forester or his/her representative may request the removal of any objectionable employee from the job. 27. Property Access When necessary, the contractor shall contact owner of property and/or tenant of property before beginning operation. Contractor must obtain permission to use adjacent property for access to or from worksite. 28. Hours of Work No saws or power equipment shall be started prior to 7:00 a.m., Monday through Saturday. No work will be done on Sunday or legal holidays, except in case of emergency, in which case the written consent of the Forester must be obtained. 29. Operation The contractor shall complete the project in a professional manner and employ skilled employees in their trade. 30. Aboricultural Specifications Standard aboricultural specifications covering this contract are attached. 31. Cleanup Bid #08-23, Page 12 of 14 All wood, brush, and debris occasioned by the contractor's operation must be removed by the contractor by the end of the day's work. This includes raking and/or sweeping and removal of such debris as necessary on both street right-of-way and adjacent private property. Delays in cleanup caused only by weather conditions are to be reported by the contractor to the Forester on the day such delay occurs. The Contractor shall also provide an estimate of when cleanup can be effected. Any complaint calls resulting from the contractor's failure to remove and clean up wood, brush, or debris shall be investigated by the Forester. If remedial action is required when the contractor's force is not on the job, such action will be taken by employees of the City. The cost for such action, as determined by the Forester, shall be withheld from any monies due the contractor under the contract. 32. Repair of Concrete Weather conditions may prevent the immediate repair of concrete sidewalks which might be damaged in the course of the performance of this contract. If such broken concrete must be removed for safety, it shall be replaced with compacted crushed rock until such time as the concrete may be replaced. Replacement Portland Cement Concrete sidewalk repairs shall meet Iowa City Standard Portland Cement Concrete sidewalk specifications which are on file with the City Engineer of the City of Iowa City, Iowa. 33. Payment Acceptance and payment shall be made within thirty (30) days upon acceptance of the work and the issuance of a bill by the contractor to the City of Iowa City, Accounting Department, 410 E. Washington Street, Iowa City, Iowa 52240. No partial payment is available. 34. Withholding Payment The City may withhold and apply partial or full payment for a contractor who is in arrears or in default to the City of Iowa City upon any debts or contract with the City. 35. Scope of Payment The contractor shall accept the compensation herein provided in full payment for the Forestry Project, labor, tools and equipment and for performing all the work under the contract. All costs arising from the action of the elements, or from any unforeseen difficulties which may be encountered during the prosecution of the work, and up to the time of the acceptance, shall also be included in the full payment referenced herein. 36. Non-Discrimination No contractor who is the recipient of City funds, who proposes to perform any work or furnish any goods under this agreement shall discriminate against any worker, employee or applicant or any member of the public because of religion, race, sex, color, creed, gender identity, sexual orientation, disability, marital status, age or natural origin, or otherwise commit an unfair employment practice. Contractor further agrees that this article will be incorporated by contractor in all contracts entered into with suppliers of materials or services, contractors and subcontractors, and all labor organizations furnishing skilled, unskilled and craft union skilled labor, or who may perform any such labor or services in connection with this contract. finpurch\forestrygci.doc Bid #08-23, Page 13 of 14 SECTION III. BID FORM Bid #08-23, TREE PLANTING SERVICE COST PAGE In all cases, bid species of trees requested as a minimum. Bids for alternates or changes are to be specified and priced separately. A. Forestry Trees: All trees shall be two inch (2”) caliper, installed. SPECIES QUANTITY $ PER TREE TOTAL 1. Chanticleer Pear Pyrus calleryana ‘Glen’s 2 Columnar Norway Maple Acer platanoides ‘Columnare’ 7 $__________ $__________ 1 $__________ $__________ 3. Greenspire Linden Tilla cordata ‘Greenspire’ 4. Ivory Silk Lilac Syringa reticulate ‘Ivory Silk’ 5. Prairifire Crab Apple Malus ‘Prairifire’ 6. Shumard Oak Quercus shumardii 8 $__________ $__________ 11 $__________ $__________ 5 $__________ $__________ 11 $__________ $__________ 7. Skyline Locust 1 Gleditsia triacanthos var inermis ‘ skycole’ $__________ $__________ Written Total for 44 Trees_________________________________________________________________ (Example: Ten Dollars and Thirty Cents) If awarded the contract on the basis of the above bid, we agree to complete the contract on or before ______________________________, 2007 if a formal order is received from the City of Iowa City by ______________________________, 2007. The undersigned bidder, having examined and determined the scope of this bid, hereby proposes to provide the required commodities and/or services as described in the bid document and to deliver the commodities and/or services at the prices set forth within. The undersigned bidder certifies that this bid is made in good faith and without collusion and connection with any person or persons bidding on the project. The undersigned bidder states that this bid is made in conformity with the specifications and qualifications contained herein. In the event that there are any discrepancies or differences between any conditions of the vendor’s bid and the bid prepared by the City of Iowa City, the City’s bid document shall prevail. NAME OF FIRM: AUTHORIZED REPRESENTATIVE: SIGNATURE OF REPRESENTATIVE: ___ Bid #08-23, Page 14 of 14 ADDRESS:_____________________________________________________________________________ ______________________________________________________________________________________ PHONE NUMBER: FAX NUMBER: E-MAIL ADDRESS: WEBSITE ADDRESS: www. DATE SIGNED: ___