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2.2.2. If any of the services do not conform to contract requirements, the City may require the <br /> Contractor to perform the services again in conformity with contract requirements, at no <br /> increase in contract amount. When the defects in services can not be corrected by re- <br /> performance, the City may (1) require the Contractor to take necessary action to ensure <br /> that future performance conforms to the contract requirements, and (2) reduce the <br /> contract price to reflect the reduced value of the services performed. <br /> 2.2.3. To ensure future performance in conformity with contract requirements, the City may: (1) <br /> by contract or otherwise, perform the services and charge to the Contractor any cost <br /> incurred by the City that is directly related to the pertormance of such service, or (2) <br /> terminate the contract for default. <br /> 3.0 Contractor Requirements <br /> 3.1. Pre-Work Conferences - Prior to the start of grow-out work, the Contractor shall meet with <br /> the City to review, discuss, and coordinate work related to the growing of plants. <br /> 3.2. Contractor must have appropriate staffing necessary to provide the required services. <br /> 3.3. Contractor must have or have the ability to obtain all equipment and materials necessary to <br /> provide the required services. <br /> 3.4. Contractor shall demonstrate (in Attachment B, Table 1) a minimum of 3 years of experience <br /> growing, from seed, native graminoids and fortis specific to prairie communities for <br /> installation in natural area restoration projects within the Willamette Valley. <br /> 3.5. Documentation of experience (in Attachment B, Table 2) for at least 3 separate projects and <br /> qualifications shall include name/contact information of companies/agencies worked for, <br /> dates of work, type of project, and number, size and species of plants grown. At least one <br /> of these projects must be for production of bare root stock of native Willamette Valley plants. <br /> This documentation shall be submitted with bid documents. The City reserves the right to <br /> contact companies/ agencies for reference check and verify information provided. <br /> 3.6. Operating Permits: The Contractor shall be responsible for obtaining any necessary permits <br /> and licenses, and for complying with any applicable Federal, State, and municipal laws, r <br /> codes, and regulations. <br /> 4.0 Payment Specifications <br /> 4.1. Unit Price for Purchase of Plants from Seedling Grow-out: The Contractor will be compensated <br /> for the actual number of plants determined by the City to be alive, in good health, and large <br /> enough for planting upon delivery on the target date. The City may also elect to receive delivery <br /> of and purchase any or all plants determined by the City to be alive and in good health but too <br /> small for planting on the target date. 1f an excess of plants are produced, the City has the <br /> option of purchasing these plants at the quoted bid price. Compensation shall be based on unit <br /> prices bid as indicated in the Contractor's response to RFB 2005-200047. <br /> 4.2. Payments will be as follows: <br /> 4.2.1. First payment will be an "initial set up payment" as reasonably requested by the <br /> Contractor. This payment shall not exceed 35% of the anticipated cost of the seedling <br /> grow-out. <br /> 4.2.2. Second payment will fulfill payment obligations for plant material grown-out to be paid at <br /> the target date time of the year 1 delivery. The contractor will be compensated for the <br /> actual number of plants from plant grow-out that are determined by the City to be alive <br /> and in good health upon delivery on the target date. The City may at this time also elect <br /> to request delivery of and purchase: (1) any or all plants determined by the City to be <br /> alive and in good health but too small for planting on the target date or (2) plants <br /> produced in excess of the requested number. <br /> 4.2.3. Third payment will fulfill payment obligations for plant material grown-out to be paid at <br /> the target date time of the year 2 delivery. The contractor will be compensated for the <br /> actual number of plants from plant grow-out that are determined by the City to be alive <br /> and in good health upon delivery on the target date. The City may at this time also elect <br /> to request delivery of and purchase: (1) any or all plants determined by the City to be <br /> alive and in good health but too small for planting on the target date or (2) plants <br /> produced in excess of the requested number. <br /> <br /> RFB No. 2004-200054 Requirements and Specifications 4 <br /> <br />