Furnish Tree and Stump Removal and Tree Pruning Services.pdf

ITB-W-2010.docx Last printed 9/30/2026 2:39:00 PM

Lori M. Stone, Mayor Purchasing Division Office of the Controller One City Square, 4th Floor, Suite 425 Warren, Mi 48093-5289

Phone (586) 574-4639

FAX (586) 574-4614

ITB-W-2010 INVITATION TO BID SEPTEMBER 29, 2026

ELECTRONIC BIDS TO FURNISH TREE AND STUMP REMOVAL SERVICES & TREE PRUNING SERVICES IN

CITY PARKS FOR THE CITY OF WARREN ARE BEING ACCEPTED.

ELECTRONIC BIDS MUST BE ENTERED INTO THE BIDNET (MITN) PROCUREMENT SYSTEM ON, OR

BEFORE, 12:30 PM, WEDNESDAY, OCTOBER 7, 2026.

PLEASE SEE SPECIAL INSTRUCTIONS ON PAGE TWO (2) OF THE BID FORM

A PUBLIC BID OPENING WILL TAKE PLACE AT 1:00 PM EST ON OCTOBER 7, 2026 VIA THE “ZOOM APP”

WHICH WILL BE HOSTED BY THE CITY COUNCIL OFFICE. PLEASE JOIN THE ZOOM MEETING BETWEEN

12:50 AND 1:00 PM EST, ON THE DAY OF THE BID OPENING IN ORDER TO VIEW OR LISTEN TO THE BID

OPENING VIA THE ZOOM APP.

LINK TO ZOOM MEETING:

https://cityofwarren.zoom.us/j/84583924733?pwd=mQVSzNbm429Np1MUTqabkzyorwLvax.1

ZOOM CALL-IN #: 1 305 224 1968

ZOOM MEETING ID: 845 8392 4733

ZOOM MEETING PASSCODE: 976687

Addenda, clarifications and changes to the bid documents must be obtained on line by registering (free registration available) for the MITN system as follows: 1) go to www.BidNetDirect.com/MITN, 2) Click on “Register Now”, 3) Activate your account & select your registration option. Call 800-835-4603 and press option two (2) to speak live with customer support.

YOU SHOULD REGISTER FOR NIGP CODES

96888 – Tree Removal

98888 – Tree Trimming and Pruning Services

A $2,500.00 BID SECURITY IS REQUIRED. SEE PAGE FIVE (5) FOR FURTHER INFORMATION.

Additional information regarding this bid or any questions can be answered by contacting the

Purchasing Agent, Craig Treppa of the City of Warren, Purchasing Division preferably by e-mail, ctreppa@cityofwarren.org , Subject: ITB-W-2010.

Sincerely, Craig Treppa

Purchasing Agent https://cityofwarren.zoom.us/j/84583924733?pwd=mQVSzNbm429Np1MUTqabkzyorwLvax.1 http://www.bidnetdirect.com/MITN mailto:ctreppa@cityofwarren.org

ITB-W-2010 CITY OF WARREN Page 2 of 28

Company Name: ________________________________________________

SPECIAL INSTRUCTIONS FOR ELECTRONIC BID SUBMISSION:

The City will require the vendor to perform the following, via the BidNet (MITN) system, within the bid solicitation, in order to have the bid considered for award:

1. Vendor shall complete, sign, and electronically upload the completed bid form onto the MITN system under ITB-W-2010 (pages 1-28).

2. If the Vendor has any questions regarding the steps needed to complete the electronic bid submission, they shall contact the BidNet (MITN) help desk at 1-800-835-4603. Select Option 2 when prompted.

3. Electronic bids must be entered no later than the bid due date and time. The BidNet (MITN) system will prohibit vendors from entering bid information after the scheduled due date/time.

4. The City of Warren shall not have access to bid results until after the scheduled due date and time.

5. The bid opening shall be made available to the public via a ”Zoom Meeting”. See Zoom

Meeting information on the first page of this document.

6. Interested parties will need to access the Zoom app and enter the Meeting ID # and the

Password in order to obtain access to the public bid opening. Interested members of the public may view or listen to the results at that time.

7. The Zoom Meeting Call-in #, ID# and password for this bid opening can be found on the first page of this document.

8. The public shall have the ability to join the Zoom Meeting any time after 12:50 pm EST on the bid due date.

9. The public bid opening via “Zoom” shall occur at 1:00 pm EST on the bid due date.

ITB-W-2010 CITY OF WARREN Page 3 of 28

BID PROPOSAL:

The undersigned proposes to FURNISH TREE AND STUMP REMOVAL SERVICES & TREE PRUNING SERVICES IN

CITY PARKS FOR THE CITY OF WARREN in accordance with the attached specification, which is to be considered an integral part of this bid, at the following prices:

ITEM DESCRIPTION

ANNUAL PRICE

(From Page 4)

A Tree & Stump Removal $

B Miscellaneous Tree Pruning $

YEAR ONE TOTAL (TOTAL OF ITEMS A AND B FROM PAGE 4): $

YEAR TWO GRAND TOTAL (YEAR ONE TOTAL X 2): $

IT IS MANDATORY OF ALL BIDDERS TO RETURN THIS SHEET FULLY COMPLETED AND

SIGNED BY AN AUTHORIZED REPRESENTATIVE WITH THEIR ELECTRONIC BID. FAILURE TO PROPERLY

SIGN IN THE AREA PROVIDED BELOW WILL RESULT IN YOUR BID NOT BEING ACCEPTED.

The undersigned has carefully checked the bid figures and understands that he shall be responsible for any error of omission in this bid offer and is in receipt of all addenda as issued.

Signature of __________________________________________________________ DATE: _________________

Authorized Company Representative

(Print name and title of Signature)

COMPANY NAME

ADDRESS CITY STATE ZIP CODE

TELEPHONE NUMBER FAX NUMBER E-MAIL ADDRESS

WARRANTY (If Applicable)

YEARS IN BUSINESS COMPANY CONTACT PERSON WITH TELEPHONE NUMBER

ACKNOWLEDGMENT OF ADDENDA:

In the event that any addenda are posted on the MITN system, acknowledge receipt of the addenda by indicating the addenda number below and sign in the space provided. A copy of each addenda posted should be included in your proposal:

Addenda #1: _______________ Signed: _____________________________________

Addenda #2: _______________ Signed: _____________________________________

EXCEPTIONS: Where an exception to any specification is taken, such exception shall be clearly indicated below and along with the specifications attached hereto, shall be considered an integral part of this bid proposal.

ITB-W-2010 CITY OF WARREN Page 4 of 28

BID DETAIL:

The undersigned proposes to furnish TREE AND STUMP REMOVAL SERVICES & TREE PRUNING

SERVICES IN CITY PARKS, in accordance with the attached specification requirements to be considered an integral part of this proposal, at the following prices:

SEE PAGE TWENTY (20) FOR LAWN RESTORATION SERVICES, WHICH ARE TO BE INCLUDED IN THE

FOLLOWING PRICES FOR ITEM A.

ITEM A: ANNUAL TREE AND STUMP REMOVAL

TREE DIAMETER WILL BE DETERMINED AT GROUND LEVEL TO ACCOUNT FOR

ABNORMAL TRUNK FLARE/STUMP SIZE.

ITEM

EST. ANNUAL

QTY SIZE OF TREE UNIT PRICE EXTENDED PRICE

A.1 10 6” – 12” Tree & Stump $ $

A.2 10 13” – 18” Tree & Stump $ $

A.3 20 19” – 24” Tree & Stump $ $

A.4 25 25” – 30” Tree & Stump $ $

A.5 25 31” – 39” Tree & Stump $ $

A.6 25 40” – 49” Tree & Stump $ $

A.7 10 50”+ Tree & Stump $ $

A.8 10 Stump Grinding Only $ $

ANNUAL TOTAL FOR ITEM A (Enter on Page 3): $

ESTIMATED # OF TREES

TO BE PRUNED

ANNUALLY

UNIT PRICE

TOTAL ESTIMATED ANNUAL PRICE

(60 Trees x Unit Price)

60 $____________ $__________________

ENTER AMOUNT ON PAGE 3, ITEM B.

INSPECTION CLAUSE:

All bidders will be held liable to have visited the work site(s) and familiarize themselves with the nature of the work and conditions under which the work will be performed. No extras will be allowed for failure to inspect or to account for working conditions.

Authorized signature for ____________________________________________________

Inspection Clause

ITB-W-2010 CITY OF WARREN Page 5 of 28

PRICE CLAUSE:

Bid price to include, but not be limited to, all materials, equipment, and labor, for complete removal of Trees and Stumps, or the Pruning of Trees, as described in these specifications. The

City of Warren requests that prices be held firm for 60 days or bid award, whichever comes first, except for the successful bidder whose prices shall remain firm for the contract period, which shall begin upon City Council approval. The award shall be for a period of two (2) years, with an option to extend the contract for one additional (2) year period, followed by one final term that will run through August 27,2031, through mutual consent of both parties.

Authorized signature for _________________________________________________________

Price Clause

ESTIMATED QUANTITIES:

The quantities in the bid form are the best estimates of anticipated removals for a one (1) year period. In addition, if there is a major storm, some storm damage removals will be included. The estimated quantities on the bid form, page four (4), are estimates based upon a combination of experience from recent years to be used for bid award purposes. The estimates are not a guarantee of future quantities under this contract and quantities may increase or decrease.

Authorized signature for _________________________________________________________

Estimated Quantities Clause

TIME OF STARTING AND COMPLETION:

It is understood that each request for tree or stump removals by the City is to be completed within

30 calendar days of notification from the City.

_______ Can meet ________ Cannot meet, but can offer the following:

Authorized signature for _________________________________________________________

Start and Completion Clause

PAST PERFORMANCE:

Past performance will be a factor in making this award.

BID SECURITY REQUIREMENTS FOR CITY OF WARREN BIDS:

Each bid must be accompanied by a scanned pdf version of a cashiers or bank check made in favor of the Treasurer of the City of Warren (a company or personal check is not acceptable) duly executed by the bidder as principal and having as surety thereon a surety company approved by the City, in the amount $2,500.00 as a guarantee on the part of the bidder that he will, if called upon to do so, enter into a contract to perform the work as per the attached specifications.

The original check must be submitted to the City prior to the City issuing a recommendation for award to Warren City Council.

The awarded vendor’s bid security shall be held and retained as a performance bond until the project is successfully completed to the satisfaction of the City.

BIDDERS WHO DO NOT HAVE A BID SECURITY ATTACHED TO THEIR BIDS, WILL HAVE THEIR BIDS

REJECTED.

ITB-W-2010 CITY OF WARREN Page 6 of 28

BID SECURITY LIQUIDATED DAMAGES CLAUSE:

Failure of the successful bidder to enter into an agreement with the City for the work and deliver the required bonds and insurance will result in forfeiture of the bid bond, and that security shall, as liquidated damages, become the property of the City.

Authorized signature for _________________________________________________________

Bid Security Liquidated Damages Clause

LIQUIDATED DAMAGES FOR FAILURE TO ENTER INTO THE CONTRACT:

Failure of the recommended Bidder to enter into a contract with the City will result in liquidated damages, which shall be the lesser of the bid security submitted by the successful vendor or the actual costs associated with obtaining another contractor including the difference in price to be paid.

Authorized signature for _________________________________________________________

Liquidated Damages For Failure To Enter Into A Contract Clause

LIQUIDATED DAMAGES:

Failure of the successful bidder to complete the requested work completely and properly within thirty (30) calendar days of issuance of a work request by the City shall result in the following penalties;

Thirty-First (31st) calendar day through Forty-Fifth (45th) calendar day: $ 50.00 per calendar day

Forty-Sixth (46th) calendar day and each calendar day thereafter: $ 100.00 per calendar day

The City reserves the right to select another vendor to complete the work if after the 45th day the work has not yet been completed.

Authorized signature for _________________________________________________________

Liquidated Damages Clause

LIVING WAGE ORDINANCE:

Living Wage Requirements for service contracts.

Bids are to be received with the use of the City’s living wage ordinance. The current rate of pay without benefits is $20.63 per hour and the current rate of pay when benefits are provided is $16.50 per hour. If employer pays rate with benefits, they must provide benefits immediately upon hire and or transfer of employee to work at City of Warren facilities.

At the start of each subsequent term, any change in the living wage rates shall be adhered to by the awarded vendor.

In order for the City to monitor the living wage ordinance, the successful contractor shall submit the following information upon request. Copies of monthly payroll journals indicating those employees working on this contract, how many hours worked, and the rate of pay; or copies of employee checks to verify that the contractor is in compliance with the ordinance. Contractor shall also open his books to the City designated representative to monitor compliance on an as needed basis.

Authorized Signature for ____________________________________________________ Living Wage Ordinance Compliance Clause

ITB-W-2010 CITY OF WARREN Page 7 of 28

REFERENCES FOR TREE AND STUMP REMOVAL SERVICES:

Please list a minimum of three (3) the municipalities/companies for which your company has provided similar services in the past two (2) years.

1. Agency: ______________________________________________ Year: ________________

Address: ____________________________________________________________________________

Contact Name: ________________________________________ Phone: _____________________

Contact Email: ______________________________________________________________________

Services Performed: _________________________________________________________________

2. Agency: ______________________________________________ Year: ________________

Address: ____________________________________________________________________________

Contact Name: ________________________________________ Phone: _____________________

Contact Email: ______________________________________________________________________

Services Performed: _________________________________________________________________

3. Agency: ______________________________________________ Year: ________________

Address: ____________________________________________________________________________

Contact Name: ________________________________________ Phone: _____________________

Contact Email: ______________________________________________________________________

Services Performed: _________________________________________________________________

4. Agency: ______________________________________________ Year: ________________

Address: ____________________________________________________________________________

Contact Name: ________________________________________ Phone: _____________________

Contact Email: ______________________________________________________________________

Services Performed: _________________________________________________________________

ITB-W-2010 CITY OF WARREN Page 8 of 28

REFERENCES FOR TREE MISCELLANEOUS TREE PRUNING SERVICES:

Please list a minimum of three (3) the municipalities/companies for which your company has provided similar services in the past two (2) years.

1. Agency: ______________________________________________ Year: ________________

Address: ____________________________________________________________________________

Contact Name: ________________________________________ Phone: _____________________

Contact Email: ______________________________________________________________________

Services Performed: _________________________________________________________________

2. Agency: ______________________________________________ Year: ________________

Address: ____________________________________________________________________________

Contact Name: ________________________________________ Phone: _____________________

Contact Email: ______________________________________________________________________

Services Performed: _________________________________________________________________

3. Agency: ______________________________________________ Year: ________________

Address: ____________________________________________________________________________

Contact Name: ________________________________________ Phone: _____________________

Contact Email: ______________________________________________________________________

Services Performed: _________________________________________________________________

4. Agency: ______________________________________________ Year: ________________

Address: ____________________________________________________________________________

Contact Name: ________________________________________ Phone: _____________________

Contact Email: ______________________________________________________________________

Services Performed: _________________________________________________________________

ITB-W-2010 CITY OF WARREN Page 9 of 28

EQUIPMENT AVAILABLE FOR UTILIZATION UNDER THIS CONTRACT:

Please list the equipment that you can/will utilize for this job.

DESCRIPTION AGE

1. _________________________________________________________________ YEAR: __________

2. _________________________________________________________________ YEAR: __________

3. _________________________________________________________________ YEAR: __________

4. _________________________________________________________________ YEAR: __________

5. _________________________________________________________________ YEAR: __________

6. _________________________________________________________________ YEAR: __________

7. _________________________________________________________________ YEAR: __________

8. _________________________________________________________________ YEAR: __________

9. _________________________________________________________________ YEAR: __________

10. _________________________________________________________________ YEAR: __________

ITB-W-2010 CITY OF WARREN Page 10 of 28

SUBCONTRACTORS TO BE UTILIZED:

Vendor shall notify the City in writing of any Subcontractors it wishes to utilize for this work.

Subcontractors shall not be utilized unless the City grants authorization to do so. In the event that there are Subcontractors utilized, the vendor shall be required to sign a waiver of lien. Please list any subcontractors that your company intends to utilize for these services. Enter the service (Tree

& Stump Removal, or Misc. Tree Pruning) next to each subcontractor.

1. ________________________________________________________________________________________

2. ________________________________________________________________________________________

3. ________________________________________________________________________________________

4. ________________________________________________________________________________________

Authorized signature for________________________________________________________________

Use of Subcontractors

INVOICING:

Contractor must submit numbered invoices specifying:

1. City Issued Purchase Order Number

2. Work Site Address(es)

3. Dates of Service per Work Site Address

4. Dates of Service per Work Site Address

5. Quantity and Category of Tree(s) Removed

6. Type of Service provided per Work Site Address

7. Unit Cost per Work Site Address

8. Extended Cost per Work Site Address

9. Grand Total Amount of Invoice

The awarded Contractor shall not combine Tree & Stump Removal Services and Misc. Tree Pruning

Services on the same Invoice.

The City shall remit to the Contractor for services rendered normally within forty-five (45) days after receipt of correct itemized billing and verification of work completed, for the previous month'’ work. The City encourages vendors to offer a 2% 10-day discount in order to facilitate payment in a timely manner. The City reserves the right to impose a minimum for which it will process payments in a timely manner.

ITB-W-2010 CITY OF WARREN Page 11 of 28

INSURANCE REQUIREMENTS:

INSURANCE CERTIFICATE MUST BE SUBMITTED BY THE INSURANCE AGENCY, NOT THE PROPOSER.

The awarded vendor shall be required to provide the City with certificates of insurance naming the City of Warren, City of Warren Municipal Building Authority, Downtown Development

Authority, Tax Increment Finance Authority, the 37th District Court, all elected appointed officials, employees and volunteers as individuals acting within the scope of their authority, AS AN

ADDITIONAL INSURED.

It is understood and agreed by naming the City of Warren as additional insured, coverage afforded is considered to be primary, and any other insurance the City of Warren may have in effect shall be considered secondary and/or excess.

Additionally, the awarded vendor shall provide language, within the “Description of Operations” section, that “AGREES TO WAIVE THEIR INSURER’S RIGHT OF SUBROGATION UNDER ITS POLICIES”.

The awarded vendor shall provide the following coverage and limits (Sub-contractors utilized by the awarded bidder shall be subject to these same conditions).

COMMERCIAL GENERAL LIABILITY:

The following coverage is part of the General Liability policy:

Policy should be on an OCCURRENCE BASIS WITH COMBINED SINGLE LIMITS.

General Aggregate $2,000,000

Products/Completed Operations Aggregate $1,000,000

Personal & Advertising Injury $1,000,000

Each Occurrence $1,000,000

Fire Damage-Any one fire $ 50,000

Medical Expense-Any one person $ 5,000

Per project aggregate limit, Independent contractor’s coverage, Broad form property damage Blanket contractual liability coverage

AUTOMOBILE LIABILITY:

Automobile liability insurance coverage shall be $1,000,000 combined single limit for any auto and include hired autos and non-owned autos.

WORKERS’COMPENSATION INSURANCE:

Workers’ compensation insurance shall be statutory under the State of Michigan Workers’

Compensation Act.

UMBRELLA LIABILITY POLICY:

UMBRELLA LIABILITY SHALL BE $2,000,000 AND BE “FOLLOWING FORM”

The umbrella policy shall be written on an occurrence basis and at a minimum provide excess to the Bidder’s General Liability, Automobile Liability and Employer’s Liability policies.

Coverage shall be provided by a carrier(s) rated A- or better by A.M. Bests.

Insurance certificates shall contain a provision to the effect that the insurance company SHALL

NOTIFY the City at least thirty (30) days prior to CANCELLATION OR MATERIAL CHANGE of the insurance.

Authorized signature for _____________________________________________________________________

Insurance Clause

ITB-W-2010 CITY OF WARREN Page 12 of 28

GENERAL CONDITIONS (Effective March 28, 2025)

SIGNATURE

Bids and all information requested of the vendor shall be entered in the appropriate space on the bid form and Signature Page. Failure to do so may disqualify your offer.

An authorized officer or employee of the vendor shall sign all bids.

ELECTRONIC BID SUBMISSION

Electronic bids shall be submitted by the date specified and at or prior to the time specified to be considered. Late bids, e-mail, sealed, telegraphic, or telephone bids will NOT be accepted.

The bidder is required to submit their bid electronically via the BidNet (MITN) system in order to be considered for award.

Bids received after 12:30 pm of the date they are due will not be accepted.

RELATIONSHIP DISCLOSURE

It is required that any relationship (business or personal) to a City employee or official be disclosed.

This includes employment or other professional engagements.

ALTERATION OF BID DOCUMENTS

Vendor changes or alterations to the bid documents, including the specification, may result in the bid being considered non-responsive and/or the Bidder being debarred. The only authorized vendor changes to the bid documents will be in the areas provided for the Bidder’s response including the “Exceptions” section of the bid and on separate attached sheets submitted by the vendor. Vendor shall clearly identify product offered and deviations from the specification. If a change or alteration to the bid document is undetected, and the bid is awarded the contract, the original terms, conditions, and specification in the authorized version of the bid document will be applicable during the terms of the contract. Bidders are responsible for ensuring they have obtained all relevant documents including amendments, clarifications, changes, drawings, etc.

as made available by the City.

PRICES

Prices quoted shall be for new products in current production unless otherwise specified. Where refurbished or discontinued items are offered they shall be clearly identified as such.

Prices quoted shall be exclusive of any rebates due the City. Any rebates the City may be entitled to should be shown as a separate line item and include expiration date.

Corrections and/or modifications received after the bid closing time specified will not be accepted.

Unit prices prevail.

All information shall be entered in ink or typewritten. Mistakes may be crossed out and corrections inserted before submission of your bid. The person signing the bid shall initial corrections in ink.

All prices will be proposed F.O.B. DESTINATION, INCLUDE ALL DELIVERY AND ANY ADDITIONAL

CHARGES and remain in effect as specified in the bid.

ITB-W-2010 CITY OF WARREN Page 13 of 28

AWARD

Unless otherwise stated in the bid documents, the City cannot guarantee exclusivity of the contract for the proposed products or services.

Award of the bids shall be based upon a combination of factors, including but not limited to, adherence to bid requirements, references and any other factors that may be in the City’s best interest.

The City reserves the right to reject any and all bids, and to waive any defect or irregularity in bids.

The City reserves the right to accept and separate items in the bid and to accept the bid that, in the opinion of the City, is to the best advantage and interest of the public we serve. The City also has the right to re-solicit bids if it is deemed to be in the best interest of the City.

The City reserves the right to reject low bids which have major deviations from our specifications;

to accept a higher bid which has only minor deviations. By signing the bid, Bidders agree to accept a split award unless the Bidder clearly indicates that it takes Exception. The bid will be awarded to that responsible, responsive firm whose bid, conforms to this solicitation and will be most advantageous to the City, with regard not only to price but also to availability of product, location and quality of product considered.

The City reserves the right to award all line items, to make no award or to award on an individual line item basis, whichever is deemed to be in the best interest of the City.

Time of delivery may be a consideration in the award.

The City reserves the right to consider as unqualified to perform the contract any bidder who does not habitually perform with its own forces seventy-five (75%) of the work involved.

TERMINATION

1. Failure to Perform. The City may terminate a bid award for the failure to perform a term of the bid specifications to the satisfaction of the City. The City shall provide ten (10) days advance written notice to the Awarded Vendor for the failure to perform services or for the violation of any other term of the bid specifications. Unless futile or the violation is recurring, the City shall provide notice and the opportunity to cure the violation prior to termination. Such notice to cure shall be given in writing by first-class mail. In the event of a dispute, or in order to avoid interruption of service, the City may engage another to perform the work and the Awarded Vendor shall be responsible for any costs the City incurs as a result of the Awarded Vendor’s violation. The City may withhold payment to offset any damages the City incurs as a result of the Awarded Vendor’s violation.

2. At Will. A bid award may be terminated at will by the City upon a minimum of thirty (30) days prior written notice to the Awarded Vendor. In the event of termination as provided in this subsection, the Awarded Vendor will be compensated for all services performed and approvable reimbursable expenses from the inception date to the termination date provided the services performed and the expenses were provided in accordance with the bid specifications. Payment shall be made upon the Awarded Vendor delivering to the City all information and materials retained by the Awarded Vendor, affiliates, or subcontractors in performing the services described in the bid specifications, whether completed or in progress.

3. MISREPRESENTATION. In addition, the City may reject this Bid, or cancel a contract with an

Awarded Vendor, if there is evidence of any misleading or intentionally fraudulent information or documents provided in connection with this Bid.

ITB-W-2010 CITY OF WARREN Page 14 of 28

SPECIFICATION

Brand names and numbers, when used, are for reference to indicate the character or quality desired, unless specifically stated “No Substitutes”.

Alternate items of the same quality will be considered, provided your offer clearly describes the article. Offers for alternate items shall state the brand and number, or level or quality. When the bidder does not state brand, or level of quality, it is understood the offer is exactly as specified.

All products and services shall be in accordance with all applicable federal, state and local statutes, rules, ordinances, etc.

All personnel shall have the appropriate licenses with endorsements for the work performed.

In addition, any personnel driving a vehicle on City property shall have the appropriate valid driver’s license and have or exceed minimum statutory insurance requirements.

E-VERIFY

Any bidder, attesting to his bid by signature, is affirming that the Bidder has registered with, participates in and utilizes the E-Verify Program (or any successor program implemented by federal Department of Homeland Security and Social Security Administration) to verify the work status of all newly hired employees employed by the Bidder.

NON-IRAN LINKED BUSINESSES

By signing below, Bidder certifies and agrees on behalf of Bidder and the company submitting this bid the following: (1) that the Bidder is duly authorized to legally bind the company submitting this bid; (2) that the company submitting this bid is not an “Iran linked business,” as defined in

Section 2(e) of the Iran Economic Sanctions Act, being Michigan Public Act No. 517 of 2012; and

(3) that Bidder and the company submitting this bid will immediately comply with any further certifications or information submissions requested by the City in this regard.

ASSIGNMENT OF AGREEMENT – OTHER CONTRACTORS.

The Awarded Vendor shall not assign the contract or any part thereof without the written consent of the City.

PERIOD AGREEMENTS

No Exclusive Contract/Additional Services. The Awarded Vendor agrees and understands that the contract shall not be construed as an exclusive agreement and that the City may, at any time, secure similar or identical services at its sole option.

Any contract executed pursuant to this Bid, which is for a specific term shall include for an extension of the contract term, at the option of the City, as follows:

The City shall have the sole option to extend the contract herein for a period of two months by written notice to the Awarded Vendor exercising the option served at least ten days prior to the expiration date of the contract. In the event such option is exercised by City, all of the provisions of the contract shall remain in full force and effect other than the date of expiration of the contract.

The quantities have been estimated for bid award purposes and may be estimated based on past usage. The quantities may increase or decrease and the City makes no representation as to guarantee of usage. The quantities are estimated on an annual basis.

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PAYMENT TERMS

The City’s normal payment terms are 45 days in connection with cash discounts specified with this bid. Time will be computed from the date of complete delivery of services, supplies, or equipment, as specified, or from the date correct invoices are received in the Office of the City

Controller, if the latter is later than the date of delivery. Prices will be considered as net if no cash discount is shown.

Progress payments will be made on the basis of hours of work completed during the course of the engagement in accordance with the firm's fee bid. Interim billings shall cover a period of not less than a calendar month.

MICHIGAN FREEDOM OF INFORMATION ACT (FOIA)

All costs incurred in the preparation and presentation of this bid, in any way whatsoever, shall be wholly absorbed by the Bidder. All supporting documentation shall become the property of the

City unless requested otherwise at the time of submission. Michigan FOIA requires the disclosure, upon request, of all public records that are not exempt from disclosure under Section 13 of the

Act, which are subject to disclosure under the Act. Therefore, confidentially of information submitted in response to this RFP is not assured.

EQUAL OPPORTUNITY CLAUSE

This contract requires adherence to the equal opportunity clause, 41 CFR § 60-1.4.

EXCEPTIONS TO THE BID SOLICITATION

Each individual/group shall provide a list of Exceptions taken to this bid. Any Exceptions taken shall be identified and explained in writing. An Exception is defined as the individual/group’s inability to meet a mandatory requirement or exceed a requirement in the manner specified in the bid solicitation. If the Bidder provides an alternative solution when taking an Exception to a requirement, the benefits of this alternative solution shall be explained. The City reserves the right to accept or reject any Exception whichever is deemed to be in the best interest of the City.

WITHDRAWAL OF BID

Bidders may withdraw their bids by submitting a written request over the signature of an authorized individual to the Purchasing Department any time prior to the submission deadline.

Bidders may thereafter submit a new bid prior to the deadline. Modification or withdrawal of the bid in any manner, oral or written, will not be considered if submitted after the deadline.

DEFAULT TO CITY

It is understood that any Bidder who is in default to the City at the time of opening its bid shall have its bid declared null and void.

BIDDER DISCLOSURE

The Bidder declares that it has not, nor will it, provide gifts, gift certificates, entertainment, favors, or other gratuities to a City official, employee, agent, or volunteer, or to their families.

The Bidder acknowledges that if it violates this policy then the City may terminate the contract with the Bidder.

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INDEMNITY CLAUSE

To the extent permitted by law, the Contractor shall indemnify the City, its officers, employees, agents, and boards and commissions from and against any claim of liability; penalties; damages;

attorney fees; professional advisors’ fees; settlements; or other fees or expenses arising from or in connection with goods provided and services performed under this Invitation to Bid. The

Contractor shall provide the Warren City Attorney’s Office with all documents filed in any proceeding related to this Invitation to Bid in which any of the above-listed people or entities are named.

MICHIGAN LAW TO CONTROL

The Parties intend for this Agreement to be construed in accordance with Michigan law as it exists at the time of this Agreement. Disputes arising out of this Agreement shall be litigated in the State court having jurisdiction over Macomb County, Michigan. If a dispute arises that requires resolution in Federal court, it shall be litigated in the United States District Court for the Eastern

District of Michigan.

AMERICAN WITH DISABILITIES ACT

Whenever applicable, the Contractor shall perform work in accordance with the American with

Disabilities Act, 42 USC § 12101 et seq, (including corresponding rules, regulations, and design standards), the Persons with Disabilities Civil Rights Act, MCL 37.1101 et seq. and City ordinances relating to accessibility.

APPENDIX A OF TITLE VI PLAN

During the performance of this contract, the contractor, for itself, its assignees, and successors, in interest (hereinafter referred to as the “contractor”) agrees, as follows:

1. COMPLIANCE WITH REGULATIONS. The contractor shall comply with Regulations relative to nondiscrimination in Federally-assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract.

2. NONDISCRIMINATION. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection, retention, and treatment of subcontractors, including procurements of materials in the discrimination prohibited by Section 21.5 of the Regulation, including employment practices when the contractor covers a program set for in Appendix B of the Regulations.

3. SOLICITATION FOR SUBCONTRACTS, INCLUDING PROCUREMENTS OF MATERIALS AND

EQUIPMENT. In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor’s obligations under the contract and the Regulations relative to nondiscrimination on the grounds of race, color, sex, or national origin.

4. INFORMATION AND REPORTS. The contractor shall provide all information and reports required by the Regulations, or directives issues pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the

State Highway Department or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the State Highway Department or the Federal Highway

Administration, as appropriate, and shall set forth what efforts it has made to obtain the information.

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5. SANCTIONS FOR NONCOMPLIANCE. In the event the contractor’s noncompliance with the nondiscrimination provisions of this contract, the State Highway Department shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to:

a. Withholding payments to the contractor under the contract until the contractor complies and/or

b. Cancellation, termination or suspension of the contract, in whole or in part.

6. INCORPORATION OF PROVISIONS. The contractor shall include provisions of paragraphs (1) through (6) in every subcontract, including procurement of material and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the State Highway Department or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the State Highway Department to enter into such litigation to protect the interests of the State, and, in addition, the contractor may request the

United States to enter into such litigation to protect the interests of the United States.

SAFETY DATA SHEETS

IMPORTANT: All City purchases require SAFETY DATA SHEETS where applicable, in compliance with the Occupational Safety and Health Administration (OSHA) Hazard Communication Standard.

THE ABOVE GENERAL CONDITIONS ARE CONSIDERED IN FORCE UNLESS SPECIFICALLY

ADDRESSED IN ANOTHER SECTION OF THE BID DOCUMENT

We have read and acknowledge the above GENERAL CONDITIONS

(Signature)

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GENERAL SPECIFICATIONS

TREE & STUMP REMOVAL

I. SCOPE OF SERVICES

To provide all supervision, labor, tools, equipment and services, required to perform tree and stump removals in the Warren City Parks. The City currently has an agreement for performing tree and stump removal services for trees outside of City Parks.

II. QUALIFICATIONS OF BIDDERS

A. Bidding on this contract shall be limited to individuals, partnerships, and corporations, actively engaged in the field of Arboriculture. Bidders shall demonstrate competence, experience, and financial capability, to carry out the terms of this contract. The City may require proof of these qualifications.

B. All bidders must have in their possession or available to them by formal agreement at the time of bidding, trucks, devices, log loaders, chippers, stump grinders, hand tools, aerial and other equipment and supplies which are necessary to perform the work as outlined in these specifications.

C. The bidder must be a Tree Care Industry Association (TCIA) Accredited Company and have on staff, certified Arborist(s) to provide qualified supervision of each crew at all times while working under this contract. Bidder must have at least one (1) employee certified as an International Society of Arboriculture (ISA).

D. Evidence that the bidder is licensed to do business in the State of Michigan, in case of a corporation organized under the laws of any other State.

III. REFERENCE

All bidders are required to submit with their bid list a minimum of three references for tree service rendered during the past few years. Provide municipal references listing for each (Company

(City) Name, Address, Telephone Number and contact).

IV. DISQUALIFICATION OF BIDDERS

Any one or more of the following causes may be considered sufficient for the disqualification of a bidder and the rejection of his bid or bids:

A. The bidder is not a Tree Care Industry Association (TCIA) Accredited Company.

B. The bidder does not have, on staff, certified Arborist(s) to provide qualified supervision of each crew at all times while working under this contract.

C. Bidder does not have at least one (1) employee certified as an International Society of Arboriculture (ISA).

D. Evidence of collusion among bidders.

E. Lack of responsibility as shown by past work, judged from the standpoint of workmanship and progress.

F. Uncompleted work under other contracts which in the judgment of the City might hinder or prevent the prompt completion of additional work, if awarded.

G. Being in arrears on existing contracts in litigation with the City or having defaulted on a previous contract.

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V. SAFETY STANDARDS

A. All equipment to be used and all work to be performed must be in full compliance with the most current revision of American National Standards Institute Standard

(ANSI Z133-2026) (Safety Requirements for Pruning, Trimming, Repairing, Maintaining, Removing Trees and for Cutting Brush). These standards are made part of this contract by this reference.

B. The Contractor shall be solely responsible for pedestrian and vehicular safety and controls within the work site and shall provide the necessary warning devices, barricades, and ground personnel needed to give safety, protection, and warning to persons and vehicular traffic within the area.

C. Blocking of public streets shall not be permitted unless prior arrangements are made with the City and is coordinated with appropriate departments. Traffic control is the responsibility of the Contractor and shall be accomplished in conference with State, County and Local highway construction codes.

VI. DISCONTINUANCE OF WORK

A. The Contractor, upon receipt of either written or oral notice to discontinue such practice, as determined by the City, shall immediately discontinue any practice obviously hazardous.

VII. OBSERVANCE OF LAWS, ORDINANCES AND REGULATIONS

A. The Contractor at all times during the term of this contract shall observe and abide by all by all Federal, State, and Local laws which in any way affect the conduct of the work and shall comply with all decrees and orders of courts of competent jurisdiction. The Contractor shall comply fully and completely with any and all applicable State and Federal Statues, rules and regulations as they relate with hiring, wages and any other applicable conditions of employment.

VIII. LOCATION AND SCHEDULE OF WORK

A. The City will provide the awarded contractor with a list of trees/stumps to be removed, as needed. Upon receiving the work orders, the contractor has thirty (30) calendar days to complete the assigned work, unless the City authorizes a different timetable. Failure to perform the services withing thirty (30) calendar days shall result in Liquidated Damages (See page six (6)).

IX. CLEAN-UP

A. All debris from tree removal and stumping operations shall be cleaned up each day before the work crew leaves the site, unless permission is given by the City to do otherwise. All lawn areas shall be raked, all streets and sidewalks shall be swept, and all brush, branches and logs shall be removed from the site. Areas are to be left in a condition equal to that which existed prior to the commencement of forestry operations.

B. It shall be the responsibility of the Contractor to remove and dispose, in a proper and acceptable manner, all logs, brush, and debris resulting from the tree maintenance operations.

C. The City does not provide dump sites for wood or chips.

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X. WORKING HOURS

A. The contractor will schedule work between the hours of 7:00 AM and 6:00 PM., Monday through Friday, unless authorized by the City to do otherwise.

B. Travel time to and from the job site(s) shall not be chargeable to the City. These costs are to be included in your unit cost to prune trees and your hourly rate cost.

XI. UNIFORMS AND COMPANY LOGO

A. Bidder shall be required to properly uniform its service employees with Company

Logo and present a neat, clean appearance at all times.

B. Bidder shall also display company name and logo on both sides of all vehicles being used for this service.

C. The company name and logo needs to be large enough so it is readily available to be seen by the general public.

XII. SUBCONTRACTS

A. The Contractor will not be allowed to subcontract work under this contract unless the City authorizes approval in writing. The Subcontractor, as approved, shall be bound by the conditions of the contract between the City and the Contractor. The authorization of a Subcontractor is to perform in accordance with all terms of the contract and specifications.

B. All required notices, work orders, directives and requests for emergency services will be directed to the Contractor. All directions given to the Subcontractor in the field shall bind the Contractor as if the notice had been given directly to the Contractor.

XIII. SUPERVISION

A. This Agreement will be under the direct supervision of the City or its authorized representative. Any alterations or modifications of the work performed under this contract shall be made only by written agreement between the Contractor and the City authorized representatives and shall be made prior to commencement of the altered or modified work. No claims for extra work or materials shall be allowed unless covered by written agreement.

XIV. WORK CREW SUPERVISION

A. The Contractor shall provide qualified supervision of each crew at all times while working under this Agreement. Each supervisor shall be authorized by the

Contractor to accept and act upon all directives issued by the City. Failure for the supervisor to act on said directives shall be sufficient cause to give notice that the

Contractor is in default of the contract unless such directives would create potential personal injury or safety hazards.

XV. PAYMENTS

A. Partial billings are acceptable on a biweekly or monthly basis. Payment is made according to actual number of removals and stumps ground.

XVI. BIDDING SPECIFICATIONS AND CONTRACTUAL TERMS

A. Tree removals and stumps are bid together as a unit price based on size classifications. These classifications are specified on the bid sheet. Also required is a unit price per stump only.

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XVII. TREE REMOVAL SPECIFICATIONS

A. Trees shall be removed in accordance with accepted industry standards and procedures and in accordance with the following minimum requirements:

1. Extreme care shall be taken so as to prevent limbs, branches, and trunks from falling and creating damage to adjacent homes, driveways, sidewalks, streets and other property, both public and private.

2. Limbs and branches larger than four (4) inches in diameter shall be lowered to the ground through the use of ropes or other mechanical devices.

3. Stumps shall not be left higher than three (3) inches above ground level.

4. Debris and logs shall not be left on the public right of way overnight. It shall be the responsibility of the Contractor to remove and dispose in a proper and acceptable manner all logs, brush and debris resulting from the tree removal operation unless otherwise directed by the City.

5. The City does not provide dump sites for wood or chips.

XVIII. STUMP GRINDING SPECIFICATION

The City is looking for a lump sum bid for item Seven (7) of the pricing section on Page Four (4). In other words, one price is requested for any stump, regardless of size. Contractors should base their bid on the median charge for stump grinding based on prior experience.

Stump grinding operations will vary depending on existing conditions. The general objective is to finish the site level with the existing “flat” grade.

In most situations the contractor shall grind the remaining stump a minimum of six (6) inches below grade in a perimeter extending six (6) inches from all exposed woody material. In situations where the tree has grown in such a manner as to create a “humped” grade in association with a stump, the contractor shall grind the stump as well as the “humped” area surrounding it.

In situations where there is a stump and intermittent surface roots, the stump and all surface roots shall be ground. The contractor shall haul all excess material and grindings from the site.

If a stump is lifting concrete, the tree contractor is responsible for stump grinding for visible portions of stump, roots, and hump up to as close as possible, given limitations of stump grinding machines, any physical structure such as sidewalk, curb, manhole, fire hydrant, etc.

XIX. LAWN RESTORATION SERVICES

Once each tree stump…