Tree and Stump Removal Bid #25-0508.pdf

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CITY OF BAY CITY

SEALED BID REQUEST

TREE AND STUMP REMOVAL BID #25-0508

Bids must be received in the Purchasing Department prior to 2:00 p.m. on the bid due date. All bids received after 2:00 p.m. on the bid due date will be returned to the bidder unopened.

Bids Due: Wednesday, May 7, 2025

Mark Sealed Bid Envelope: Tree and Stump Removal Bid #25-0508

The City of Bay City is soliciting sealed proposals for: Tree and Stump Removal Bid #25-0508

To obtain an official copy of the bidding documents, please visit www.BidNetDirect.com.

Before the bid due date, it is the vendors responsibility to check the BidNet Direct bid system for any Addendums that may have been issued.

Sealed proposals will be received by the City of Bay City at the Purchasing Department, City Hall, 301 Washington Avenue, Room 304, Bay City, MI, until 2:00 p.m. on Wednesday, May 7, 2025.

All bids will be publicly opened and read aloud at 2:00 p.m. on Wednesday, May 7, 2025, for the Tree and Stump Removal Bid #25-0508 all in accordance with the Bidding Documents, and as otherwise set forth herein.

Local Preference Policy

The City of Bay City utilizes a Local Preference Policy in order to encourage local vendors to provide goods and/or services to Bay City Government. Copies of this policy and the required qualifying affidavit are available on the City of Bay City web site (www.baycitymi.org). Vendors seeking to qualify as local vendors may submit an executed affidavit on an annual basis or return the executed affidavit along with their bid submission. The City of Bay City may, in its sole discretion, accept and consider an affidavit from a vendor seeking to qualify as a local vendor at any time.

The City of Bay City has absolutely reserved the right and prerogative to reject any or all bids as well as to waive any irregularities and informalities. The award of the contract, if it is awarded, will be to a responsible and responsive Bidder whom the City Commission, in its sole discretion and judgment, determines will be in the best interest of the City of Bay City, and which will not exceed the funds available for the project.

NOTE: The City of Bay City does not accept sealed bids via fax or e-mail.

CHECK LIST BEFORE SUBMITTING BID

YES

• Before the bid due date, it is the vendor’s responsibility to check the BidNet Direct bid system for any Addendums that may have been issued www.bidnetdirect.com.

The full addendum document and any other items noted as such must be returned and included with your sealed bid

• Is the Quotation Request signed by an authorized representative of your company?

• Did you submit your proposal using the Proposal Form that is part of the bidding documents?

• Did you fill out and include the Statement of Bidders Qualifications?

• Did you fill out and include the Equipment and References form?

• If applicable, did you read the sample contract/agreement and understand that if you are awarded the contract that the contract will be finalized to include description of work, term and economic specifics of this bid. Do you also understand that the standard terms contained in the sample contract/agreement are in final form (i.e. liability, indemnity, insurance) and not subject to further negotiation.

• Did you fill out and submit the debarment certification?

• Are you submitting your original bid plus One (1) COPY as required?

• If your bid is over $50,000.00, do you have a bid security deposit in the form of an ORIGINAL bid bond, certified check, bank draft, bank money order, or cashier’s check (If applicable) Multiple year bids must be added together to get your total bid WAIVED amount If submitting an alternate bid along with your original bid, only one (1) of the above-mentioned items is required.

NOTE: An original bid bond, certified check, bank draft, bank money order or cashier’s check in the amount of five percent (5%) of the total amount of the bid must be submitted with any bid in excess $50,000.00.

Facsimiles or copies of a bid bond will not be accepted and the bid will be deemed non-responsive.

• Is your business Bay City based and eligible under the Local Purchasing Preference Policy?

If yes, has your business submitted an executed Local Vendor

Affidavit this calendar year? The Local Vendor Affidavit can be found on the City of Bay City’s website at www.baycitymi.org under Purchasing.

• Is the outside of your envelope/package labeled properly including the bid number?

Pursuant to the Charter of the City of Bay City, written contracts involving the expenditure of $50,000.00 or more shall require the approval of City Commission. The mayor shall have the power to veto any ordinance, resolution, motion, order or other action of the commission within five business days after its passage (Article 4, Section 4.3). The contract must be signed by the mayor and clerk. No employee has the authority to bind the City to any contract.

http://www.bidnet/ http://www.baycitymi.org/

CITY OF BAY CITY

Purchasing Department QUOTATION REQUEST 301 Washington Avenue Bay City, MI 48708

Date: April 08, 2025

Sealed bids must be received at the address below NOT later than 2:00 PM Michigan Local Time, Wednesday, May 07, 2025

BIDS not complying with above will be REJECTED and returned to bidder unopened.

BIDDER:

________________________________ Prices for sealed bid must be stated on the Proposal ________________________________ Form of this bid package. If not interested or unable ________________________________ to bid, please RETURN the Statement of No Bid.

Susan Carmien, CPPB, Purchasing Manager Susan Carmien, CPPB, Purchasing Manager

PLEASE NOTE:

• ALL ITEMS LISTED AS “REQUIRED WITH SUBMISSION” AND “REQUIRED WITH SUBMISSION

REGARDLESS OF ANY PREVIOUS SUBMISSIONS” MUST BE IN BID PACKET AND IF ANY ARE MISSING

THE BIDDER’S BID PACKET WILL BE DEEMED NON-RESPONSIVE WITH NO EXCEPTIONS.

ITEM AND DESCRIPTION

The City of Bay City is accepting sealed bids for Tree and Stump Removal Bid #25-0508

All sealed bids are to be received at the City of Bay City, Purchasing Department, 301 Washington Avenue, Room 304, Bay City, MI 48708 no later than 2:00 p.m. Michigan Local Time on: Wednesday, May 07, 2025

ALL ITEMS LISTED AS REQUIRED WITH SUBMISSION MUST BE INCLUDED WITH BID PACKET

All respondents must conform to the following:

Quotation Request…………………………………………………..…………………..Required with submission

Proposal Form…………………………...………………………………………………Required with submission

Specifications/Scope of Work

Addendum(s) (if issued)………………………………………………………….……..Required with submission

Non-Collusion Affidavit…………………………………………………….…………..Required before final award regardless of any previous submissions Non-Iran Linked Business Affidavit………………………………………….……….. Required before final award regardless of any previous submissions Instructions to Bidders

Debarment Certification.………………………………………………………….……..Required with submission

Submittals………………………………………………………………………………..Required with submission (Personnel & Equipment form, Copies of Line Clearance Tree Trimmer/Trainee Certification, References)

Statement of Bidders Qualifications……………………………………………………..Required with submission

Bonds

• Bid (ORIGINAL Bid Bond if bid is $50,000.00 or more (See Instructions to Bidders) WAIVED

• Performance (Prior to issuance of Notice to Proceed)

• Labor & Material (Prior to issuance of Notice to Proceed)

Sample Contract NON-NEGOTIABLE (bid will be deemed non-responsive if vendor cannot agree to terms and conditions)

Statement of No Bid (only if applicable)

One original and one copy of bid………………………………………………………....Required with Submission

**Before the bid due date, it is the bidder’s responsibility to check the BidNet Direct bid system for any Addenda that may have been issued.**

Any questions regarding this bid must be submitted in writing to the Purchasing Department via e-mail no later than 3:00 p.m. one

(1) week prior to bid opening.

Susan Carmien, CPPB Purchasing Manager scarmien@baycitymi.gov (989)894-8115

If awarded the bid, and a contract is fully executed, we hereby agree to furnish and invoice above listed materials or services delivered or performed in accordance with the City of Bay City’s specifications, requirements and terms as specified herein at prices specified.

BIDDER’S BUSINESS NAME

SIGNATURE TITLE

PRINT NAME

ADDRESS

PHONE E-MAIL ADDRESS

DATE

mailto:scarmien@baycitymi.gov

Proposal Form

Year 1

Estimated Quantity Size Tree Removal

(Unit Cost) Stump Removal

(Unit Cost)

Tree & Stump Removal

(Lump Sum)

50 0” - 12”

50 12.1” – 18”

100 18.1 – 24”

100 24.1” – 36”

80 36.1” +

Renewal Option 1

Estimated Quantity Size Tree Removal

(Unit Cost) Stump Removal

(Unit Cost)

Total Tree & Stump

Removal (Lump Sum)

50 0” - 12”

50 12.1” – 18”

100 18.1 – 24”

100 24.1” – 36”

80 36.1” +

Renewal Option 2

Estimated Quantity Size Tree Removal

(Unit Cost) Stump Removal

(Unit Cost)

Total Tree & Stump

Removal (Lump Sum)

50 0” - 12”

50 12.1” – 18”

100 18.1 – 24”

100 24.1” – 36”

80 36.1” +

Attach copies of current line clearance tree trimmer/trainee certification**

**Note: Prior to bid award the responsive responsible low bidder must present originals of all certifications to the Purchasing Office, at which time validation of all certifications will be done.

Actual quantities may vary. The City of Bay City reserves the right to deviate from the bid quantities without any adjustment to the contract unit prices. The contract is a unit price contract, and no costs will be incurred unless authorized by the City in advance.

BIDDER MUST STATE:

Name of Company: ______________________________________

Signature: ______________________________________

Date: ______________________________________

Phone: ______________________________________

Email: ______________________________________

BID MUST INCLUDE ONE ORIGINAL COPY OF ALL SUBMITTALS

SPECIFICATIONS

This is a multi-year contract, services provided under this contract are on an “as needed” basis. It is the intent of the City of Bay City to select one (1) contractor for a contract period of one (1) year with two (2) one (1) year renewal options upon mutual agreement of both parties

GENERAL REQUIREMENTS

The Contractor shall provide all labor, equipment, materials and supervision required to perform forestry maintenance services for the City of Bay City as specified herein. The work specifically involves the removal and disposal of trees and stumps located on City owned properties and in the public right-of-way, primarily within the City of Bay City. Because this work has the potential to be hazardous, the Contractor shall provide skilled personnel who are highly trained and experienced in forestry maintenance operations, and all phases of arboriculture work, including work performed around energized conductors.

Employees shall meet the qualifications defined in Sections 3.1, 5.1, and 5.5 of these specifications.

The Contractor shall furnish all equipment necessary to remove and dispose of trees and stumps.

Equipment shall be suitable for performing this work and typical of accepted industry standards for horticultural maintenance. An accounting of all equipment and personnel to be used for tree and stump removals shall be submitted by the Contractor on the attached form.

All work shall be performed in a professional and workmanlike manner, and on a timely basis, to meet the needs of the City of Bay City and their residents.

SCOPE OF RESPONSIBILITIES

The contractor shall provide all labor, tools and equipment, materials, supplies, services, insurance, and incidentals as are required to remove trees and/or stumps in locations identified by the City of Bay City.

Work shall be assigned on an “as-needed” basis. The Contractor shall be advised of tree condemnations and/or stump removals as they occur. All work shall be performed within the timeframes described in

Section: Completion.

Trees and stumps shall be removed “complete” as defined herein. The Contractor shall use the proper tools and adhere to accepted industry practices in the removal of trees and stumps.

The Contractor shall remove and dispose of the stump, along with buttress, surface, and subsurface roots at each location, as necessary to create a level lawn area. The Contractor shall fill stump and root depressions with topsoil, then grade and seed all disturbed lawn areas.

The Contractor shall begin work following a verbal “Notice to Proceed” from the City of Bay City. The work to remove each tree and/or stump shall continue uninterrupted until completed. Partial removals will not be permitted, except as warranted by special circumstances and as approved by the City of Bay City.

WORK METHODS & PRACTICES FOR TREE REMOVALS

The Contractor shall provide a competent and qualified supervisor. At a minimum, the supervisor shall have three years of tree removal experience. The supervisor shall be present on the worksite when work is being performed. The supervisor shall maintain daily contact with the Line clearance/ROW Supervisor of Bay City for crew locations and for any issues that may arise.

Prior to the commencement of work the Contractor shall thoroughly investigate and become familiar with the worksite including all existing features and utilities. The Contractor shall be responsible for contacting the appropriate companies or agencies to resolve any conflicts that may affect the performance of work, such as the presence of overhead electric and telecommunication utilities. The Contractor shall take all necessary precautions to protect all existing features within the worksite from damage. Those features include, but shall not be limited to: overhead and underground utilities, sidewalks, curbs, street pavements and drive approaches, lawns, landscaping, homes, fencing, etc.

All trees shall be removed a minimum of six inches (6”) below the existing surface grade.

Trees shall be topped before removal. No trees shall be felled onto pavements.

Limbs larger than three and one-half inches (3 ½”) in diameter shall be lowered to the ground through the use of ropes or other mechanical devices.

All forestry spoils shall become the property of the Contractor and shall be disposed of by the Contractor in a legal manner. All forestry spoils shall be removed from the worksite by the Contractor on the same day the spoils occur. The cost of disposing of spoils shall be incidental to the cost removing the tree.

All work shall be performed in compliance with applicable industry arboriculture standards and practices

(ANSI), MIOSHA regulatory standards, safe work practices as it relates to forestry operations and MDOT standards and practices for traffic control and work zone safety on roadways as described in Sections 5 &

6 herein.

Work shall be performed on weekdays during daylight hours. Work may be performed on Saturdays during daylight hours when approved in advance by the City of Bay City. Work shall not be performed on

Sundays or holidays.

Access to all properties for residential purposes and emergency services shall be maintained at all times.

When local access cannot be maintained, the Contractor shall notify the property owner/resident and the

City of Bay City in advance. In no case shall access be restricted to more than 4 hours without prior approval. Access shall not be closed for fire stations, hospitals, public safety agencies and schools.

To the greatest extent possible, the Contractor shall confine worksites to the public right-of-way and avoid conducting work activities on private properties.

WORK METHODS & PRACTICES FOR STUMP REMOVAL

Prior to the commencement of work the Contractor shall thoroughly investigate and become familiar with the worksite including all existing features and utilities. The Contractor shall be responsible for contacting the appropriate companies or agencies to resolve any conflicts that may affect the performance of work.

The Contractor shall take all necessary precautions to protect all existing features within the worksite from damage. Those features include, but shall not be limited to: overhead and underground utilities, sidewalks, curbs, street pavements and drive approaches, lawns, landscaping, homes, fencing, etc.

All stumps and associated roots shall be removed to a minimum depth of six inches (6”) below the existing ground surface, adjacent to and surrounding the stump. The Contractor shall fill the stump depression with topsoil. Topsoil shall be leveled, fine graded and the disturbed area seeded. Finish grades shall match existing grades surrounding the disturbed area. Topsoil and seed shall comply with the requirements as described in 3.3 and 3.4.

The Contractor may perform stump removal employing methods other than stump grinding on small caliper trees at the discretion and approval of the City of Bay City.

Topsoil shall be friable and free of grass, roots, weeds, sticks, rocks, debris, herbicides, petroleum-based materials, and other deleterious materials. Topsoil shall have a pH of between 6.0 and 8.0. 100% of the topsoil shall pass through a ¾” screen, less than 25% shall pass through a #200 sieve. The Contractor shall insure that the topsoil provided will support healthy plant growth. The Contractor shall submit a sample of the topsoil to the City of Bay City for approval prior to use. The City of Bay City reserves the right to inspect the source of the topsoil if desired.

The seed mix shall consist of the following:

• 40% Perennial Rye

• 30% Creeping Red Fescue

• 30% 98/85 Kentucky Blue Grass

The Contractor shall provide bag labels to validate the seed mix.

All stump grinding spoils shall become the property of the Contractor and shall be disposed of by the

Contractor in a legal manner. All spoils shall be removed from the worksite by the Contractor on the same day the spoils occur. The cost of disposing of spoils shall be incidental to the cost removing the stump.

All work shall be performed in compliance with applicable arboriculture industry standards and practices

(ANSI), safe work practices as it relates to forestry operations, MIOSHA standards and MDOT standards and practices for traffic control and work zone safety on roadways as described in Sections 5 & 6 herein.

Work shall be performed on weekdays during daylight hours. Work may be performed on Saturdays during daylight hours when approved in advance by the City of Bay City. Work shall not be performed on

Sundays or holidays.

Access to all properties for residents and emergency services shall be maintained at all times. When local access cannot be maintained, the Contractor shall notify the property owner/resident and the City of Bay

City in advance. In no case shall access be restricted to more than four (4) hours without prior approval.

Access shall not be closed for fire stations, hospitals, public safety agencies and schools.

To the greatest extent possible, the Contractor shall confine worksites to the public right-of-way and avoid conducting work activities on private properties.

SAFETY

The Contractor shall demonstrate an understanding and awareness of safety and insure that all work operations are conducted in a safe, professional and workmanlike manner.

The Contractor shall ensure for the safety of pedestrians, vehicles and site features on all worksites.

The Contractor shall insure that all equipment being used to perform tree removal work is in good working order and conforms to all applicable safety standards

All work operations shall comply with the Federal Occupational Safety and Health Act (OSHA/MIOSHA), as well as all accepted industry standards and practices, including:

• ANSI Z133.1-2006 Arboriculture Operations Safety, Sections 5.1 General and 5.5 Stump Cutters

• MIOSHA PART 53 Tree Trimming Standard

• MIOSHA PART 58 Elevated and Rotating Platform Standard

• MIOSHA PART 380 Occupational Noise Exposure and Hearing Conservation

Employees performing tree removal work near electrical hazards shall be either “Qualified Line Clearance

Tree Trimmers” or “Qualified Line Clearance Tree Trimmer Trainees” as defined in ANSI Z133.1-2000.

Safety violations reported to the Contractor shall be immediately corrected. Failure to correct safety violations shall result in a “Cease Work Order” being issued by the City of Bay City until the condition is corrected.

ROADWAY WORKSITES - SIGNAGE & SAFETY

The Contractor shall cause as little interference as possible with general public traffic, both vehicular and pedestrian. Assess shall be maintained at all times for Fire, Police, ambulance and other emergency vehicles

The Contractor shall erect the proper barricades and signs for traffic control in accordance with the

Michigan Manual of Uniform Traffic Control Devices, “Barricading for Construction”. The Contractor is prohibited from commencing work until such barricade and signage requirements are met. Street closings, if necessary, shall be coordinated with the City of Bay City’s Streets and Engineering

Departments.

It shall be the Contractors responsibility to provide, erect and maintain all traffic control devices to mark, control and protect the worksite. Traffic control devices shall include, but are not limited to the following:

signs, cones, barricades, flagging, fencing, high level warning devices, lights, delineators, flag men, etc.

Temporary traffic control equipment shall be installed prior to the start of any work. All unnecessary traffic control devices/signs, shall be covered or removed when not in use.

DAMAGES

The Contractor shall carry out the work with such care and methods as not to result in damage to public or private properties. Should any public or private property be damaged or destroyed, the Contractor, at his sole expense, shall immediately repair or make restoration as is practical and acceptable to the property owners.

The Contractor shall also be responsible for immediately notifying the City of Bay City if damages occur, as well as pertinent property owners or companies if those damages involve public utilities.

CLEANUP

Upon completion of the work for each individual tree and/or stump removal, and before acceptance and final payment is made, the Contractor shall clean the premises and remove all equipment, temporary structures, debris and forestry spoils. The Contractor shall restore to an acceptable condition all public and private property which has been altered or damaged during the performance of work, and shall leave the work site in a neat and presentable condition. All sidewalks and roadways shall be swept clean and restored to a safe and passable condition at the conclusion of work.

All forestry spoils including: boles, limbs, branches, twigs, chips, stump grindings, roots, soils and other debris resulting from tree and stump removals shall be immediately removed and disposed of in a legal manner.

WORK COORDINATION & INSPECTION

When required, the Contractor shall coordinate all tree and stump removal work with other work being performed for, and managed by the City of Bay City.

All work, equipment and supplies furnished in performance of this contract shall be subject to inspection at all times. Any deviation from, or failure to comply with the terms of the conditions described herein shall be promptly resolved upon notification.

INSURANCE REQUIREMENTS

The Contractor shall maintain all insurance requirements established by the City of Bay City throughout the term of the contract.

AWARD OF CONTRACT

A contract shall be awarded on a lump sum basis for the lowest and best bid submitted to remove trees and/or stumps “complete”, in locations identified by the City of Bay City. Tree sizes are determined by

“Diameter at Breast Height” measurements taken four and one-half feet (4½”) above ground. The cost of permits, approvals, fees, licenses and insurances shall be included in the bid prices and shall be incidental to the cost of performing this work.

It’s estimated that approximately three hundred eighty (380) trees and stumps will be removed under this contract for the City of Bay City. The estimated sizes and quantities of trees to be removed are expected to vary from year to year, and the quantity of work will depend on the level of funding approved for each of the contract years.

The Contractor shall have a minimum of five (5) years commercial business experience providing similar tree removal services and shall provide a minimum of five (5) references. Past performance shall be taken into account if the Contractor has previously worked for the City.

The Contractor shall provide a list of the equipment that will be used to perform the work, including the type and year. A form is attached to these specifications for that purpose.

The successful contractor will enter into a tree and stump removal contract with the City of Bay

City.

ASSIGNMENT & SUBCONTRACTING

The Contractor shall not assign or subcontract any part of the work pertinent to these specifications without the prior written consent of the City of Bay City. In case of any assignment or subcontracting permitted hereunder, the Contractor as well as its assignee or subcontractor shall remain subject to the provisions of these specifications, including as a surety and/or guarantor of all performances hereunder.

BASIS OF PAYMENT

Payment shall be made on the basis of the unit price bid for all tree and stump removal work completed, inspected and approved. Removals shall be “complete” and work shall be performed as defined herein.

The Contractor may submit payment requests as work is completed, and the City of Bay City shall process these requests on a routine basis.

Work is considered “complete” when the tree and/or stump is removed, spoils are properly disposed of, lawn areas have been graded and seeded, the worksite is clean, and any and all damages have been repaired to the satisfaction of the City of Bay City. Tree removals shall be permitted year round, however stump removals shall only be performed when conditions are favorable for the completion of that work.

Any damage to public or private property caused by the removal of a tree will be the responsibility of the

Contractor. Payment by the City of Bay City may be withheld until said damage has been resolved to the satisfaction of the City of Bay City and/or the property owner.

All costs incurred by the City of Bay City as a result of delay, neglect or default, together with the cost of completing the work under the contract will be deducted from any monies due, or which may be due to said Contractor. If such expense exceeds the sum which would have been payable under the contract, then the Contractor shall be liable and shall pay to the City of Bay City the amount of such excess.

COMPLETION

All work shall be done during normal weekday business daylight hours, Monday through Friday. Saturday work may only be performed upon approval by the City of Bay City.

All tree and/or stump removal work shall be completed within two weeks following the “Notice to

Proceed”, with the following exception: Stumps shall generally be removed from April thru October yearly, unless otherwise approved by the City of Bay City.

SUBMITTALS

The following MUST be submitted with proposal (One original copy of all submittals)

• Personnel & Equipment Form

• Copies of Line Clearance Tree Trimmer/Trainee Certification

• References

Non-Collusion Affidavit

_________________________________________(Bidder's Name), being first duly sworn, deposes and says that he or she is _________________________________(Title) of _______________________________________(Contractor Name), the party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and further, that the bidder has not , directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

(Date) Authorized Representative Signature Bidder Name (Person, Firm, Corp.) Representative’s Name

Address Representative's Title

Agency, State, Zip Code

Non-Iran Linked Business Affidavit

By signing below, I certify and agree on behalf of myself and the company submitting this proposal the following: (1) that I am duly authorized to legally bind the company submitting this proposal; (2) that the company submitting this proposal is not an “Iran linked business,” as that term is defined in Section 2(e) of the Iran Economic Sanctions

Act, being Michigan Public Act No. 517 of 2012; and, (3) that I and the company submitting this proposal will immediately notify the City should there be a change of status during the term of any contract with the City and will supply any further information requested by the City in this regard.

(Date) Authorized Representative Signature Bidder Name (Person, Firm, Corp.) Representative’s Name

Address Representative's Title

Agency, State, Zip Code

The Master of this agreement was prepared by the City’s Legal Counsel, Allsopp Wackerly, Attorneys and Counselors, P.C. Any alteration, change, deletion, or modification of the Master requires submittal to the City Attorney.

1 (Revised 06/2016)

INSTRUCTIONS TO BIDDERS

Sealed Proposals will be received by the City of Bay City at the Purchasing Department, City Hall, 301 Washington Avenue, Room 304, Bay City, Michigan, until 2:00 p.m. on Wednesday, May 7, 2025. All Bids will be publicly opened and read aloud at 2:00 p.m. on Wednesday, May 7, 2025, for the Tree and Stump Removal

Bid #25-0508, all in accordance with the Bidding Documents and as otherwise set forth herein. An abstract of the

Bids will be made available to Bidders.

Each Bid must be submitted in a sealed envelope, addressed to the Purchasing Department, City Hall, 301 Washington Avenue, Room 304, Bay City, Michigan 48708. Each sealed envelope containing a Bid must be plainly marked on the outside as Bid for the Tree and Stump Removal Bid #25-0508, and the envelope should bear on the outside the name of the Bidder, its address, and its license number, if applicable.

BIDDING DOCUMENTS

Bidding Documents include the Bidding Requirements and the Contract. The Bidding Requirements consist of the Quotation Request, Advertisement or Invitation to Bid, Instructions to Bidders, Supplementary Instructions to

Bidders, if applicable, Scope of Services, if applicable, the Proposal Form, and other bidding and contract forms. The

Bidding Documents shall also consist of the drawings, plans, specifications, and all addenda issued prior to execution of the Contract, if applicable.

All items listed as a submittal on the Quotation Request form MUST be included in the bid response.

BIDDER'S REPRESENTATIONS

The Bidder, by making a Bid, covenants, warrants and represents that:

1. The Bidder has read and understands the Bidding Documents, including all addenda, and the Contract.

2. The Bid is based upon all of the requirements of the Bidding Documents, without exception.

3. The Bidder has disclosed to City any material errors or omissions in the Bidding Documents known to or discovered by Bidder.

BIDDING PROCEDURES

Form and Style of Bids.

Bids shall be submitted on the Quotation Request form included with the Bidding Documents. All blanks on the Quotation Request form shall be filled in by typewriter or manually in ink. Interlineations, alterations and erasures must be initialed by the signer of the Bid. All requested alternates shall be bid and if no change in the Base Bid is required, enter "No Change". The Bid shall be for the work and materials required by the Bidding Documents and any Bid not in strict compliance therewith may be rejected as not responsive.

If the Bidder discovers any errors or omissions in the specifications or in the work to be undertaken and executed by it, the Bidder shall immediately notify the Purchasing Agent. If, with the knowledge of such error or omission and prior to the correction thereof, the Bidder proceeds with any work affected thereby, the Bidder shall do so at its own risk and the work so done will not be considered as work done under and in performance of the agreement.

Basis on Which Bids are Solicited.

Bids are solicited on the basis of unit prices for certain items set forth in the form of proposal and described in the specifications. Bidder may propose a lot price, so long as it clearly identifies its Bid as such on the Quotation

2 (Revised 03/2023)

Request. Prices shall be stated total sum based upon the unit price and quantity specified in the bid document. If there is an error in computing the total sum then the unit price shall govern. Any general reference made in the bid specifications to a manufacturer's make, model or catalog number is intended to identify specifications as to type and quality of equipment required, but, unless otherwise stated, is not intended to preclude the use of any other make of equipment equal in performance and quality. Any other manufacturer's equipment which is capable of accomplishing the intended purpose and is equal in performance and quality may be considered. Bidder shall be responsible for all sales, use, excise, transportation or other taxes, charges, costs, fees or expenses applicable to any of the materials or goods which are a part of the Bid. Bidder shall be responsible to obtain and pay for all permits and licenses as well as all inspections and approvals which are required for the work covered by the Bidding Documents.

WAIVED Bid Security.

Each Bid which exceeds Fifty Thousand and No/100 ($50,000.00) Dollars for the term of the

Contract must be accompanied by a bid security deposit in the form of an ORIGINAL bid bond, certified check, bank draft, bank money order, or cashier’s check drawn upon a bank in good standing, for a sum of not less than five (5%) percent of the amount of the Bid as a guarantee on the part of the Bidder that it will, if called upon to do so, enter into a Contract in the attached form, to do the work covered by the Bid and at the prices stated therein, and to furnish acceptable surety for its faithful and entire fulfillment. The bid security deposit bid bond, certified check, bank draft, bank money order, or cashier’s check shall be made payable to the City of Bay

City, Michigan, and shall be subject to the conditions specified in the Request for Proposal, Instructions to Bidders and Bidding Documents. Should the Bidder refuse to enter into the Contract or fail to furnish the required bonds and/or certificates or policies of insurance, the bid security deposit shall be forfeited to the City of Bay City.

After Bidders have submitted Bids, they shall not modify, withdraw or cancel their Bid for a period of sixty (60) days from the opening of Bids. All sums deposited with the Bids will be held by the City of Bay City until all Bids have been canvassed and a Contract is awarded and executed, and all bonds and insurances furnished and approved. At the expiration of sixty (60) days from the opening of Bids, any Bidder may withdraw its Bid and all sums deposited with the Bid will be returned to Bidder. The City of Bay City may, in its sole and absolute discretion, release any Bid and return the bid security prior to that date.

Qualifications of Bidders.

To demonstrate its qualifications for the Project, the Bidder must submit, if requested, or be prepared to submit upon demand a sworn statement of the Bidder's legal organization, licensing and qualification to do business, including year organized and/or incorporated and the names and address of officers, partners, shareholders or anyone owning an interest in the entity, background and experience of the principals of Bidder, including a list of work of a similar nature to that covered in the Proposal which has been completed by or is in progress by the Bidder and the year in which the work was done; the principal items of equipment owned by the Bidder which he proposes to use on this Project; a list of trade and bank references; and a financial statement evidencing the financial ability to successfully complete the specified Work. Such sworn statement shall, as requested, be provided to City of Bay City with the Bid, as early as seven (7) days before the date the Bids are opened or within the sixty (60) day period during which the

Bids may remain open.

CONSIDERATION OF BIDS

Rejection of Bids.

The City of Bay City has absolutely reserved to itself the right and prerogative to reject any or all Bids, to reject a Bid not accompanied by required bid security or other documentation or data required by the Bidding

Documents, or to reject a Bid which is in any way incomplete, irregular, not responsive or not responsible. Any bid received by the Purchasing Department after 2:00 p.m. Eastern Standard Time (EST) on the date first set forth above will be rejected and returned to the bidder unopened.

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Local Preference Policy

The City of Bay City utilizes a Local Preference Policy in order to encourage local vendors to provide goods and/or services to Bay City Government. Copies of this policy and the required qualifying affidavit are available on the City of Bay City web site (www.baycitymi.org). Vendors seeking to qualify as local vendors may submit an executed affidavit on an annual basis or return the executed affidavit along with their bid submission. The City of

Bay City may, in its sole discretion, accept and consider an affidavit from a vendor seeking to qualify as a local vendor at any time.

Award of Contract.

The award of the Contract, if it is awarded, will be to a responsible and responsive Bidder whom the City

Commission, in its sole discretion and judgment, determines will be in the best interest of the City of Bay City, and which will not exceed the funds available for the project. The City of Bay City reserves the right to waive informalities or irregularities in any Bid. No contract will be awarded until the City of Bay City has concluded such investigations as it deems necessary to establish the responsibility, qualifications and financial ability of the Bidder to do the work in accordance with the Bidding Documents and Contract to the satisfaction of the City of Bay City within the time prescribed. The City of Bay City reserves the right to reject the Bid of any Bidder who does not pass such investigations to the City of Bay City's satisfaction. In analyzing Bids, the City of Bay City may take into consideration alternates and unit prices, if requested by the bid forms. In accordance with city ordinance, City

Commission may give preferential consideration to manufacturers, retailers, wholesalers or service providers located within the City of Bay City. The Bidder shall execute a Contract in the form which is included in the bidding documents if it is the successful bidder. The City of Bay City will endeavor to post the bid tabulation results and the anticipated City Commission meeting date for consideration of Contract award on the Bay City web site

(www.baycitymi.org) by 5:00 p.m. EST on the day following bid opening. It is the responsibility of the Bidder to monitor the website for any changes to Commission meeting scheduling.

POST-BID INFORMATION

No later than ten (10) days after notification of selection for the award of a contract, the Bidder may be required to establish to the satisfaction of the City of Bay City the reliability and responsibility of the persons or entities proposed to furnish and perform the work described in the Bidding Documents, if it is proposed to be performed using other than the Bidder's own forces. If the head of the department inviting bids has reasonable objection to a proposed person or entity, the Bidder may, at the Bidder's option, (1) withdraw the Bid or (2) submit an acceptable substitute person or entity with an adjustment in the Base Bid or Alternate Bid to cover the difference in cost occasioned by such substitution. The City of Bay City may accept the adjusted bid price or disqualify the Bidder.

In the event of either withdrawal or disqualification, the bid security will not be forfeited. Persons and entities proposed by the Bidder and to whom the City of Bay City has made no reasonable objection must be used on the work for which they were proposed and shall not be changed except with the written consent of the City of Bay City.

Payment Terms.

Unless otherwise provided in the Contract, the City of Bay City’s payment terms are Net 60 days for approved invoices. Payment by the City of Bay City to the Bidder shall not constitute a waiver or release of the City of Bay

City’s right to assert any claim against the Bidder.

WARRANTIES AND PATENTS

Warranty Specifications.

Bidder expressly warrants that all the materials and articles covered by its Bid or other description or specification furnished by the City of Bay City will be in exact accordance with the order, description or specification and free from defects in material and/or workmanship, merchantable, and fit for its intended purpose. Bidder also warrants that all machinery, equipment, materials, furnishings and other products which are part of the work covered http://www.baycitymi.org/

4 (Revised 03/2023) by the Bidding Documents will be installed and/or incorporated in the work in strict accordance with the manufacturer’s and/or supplier’s instructions and requirements. The preceding warranties shall survive delivery and installation, and shall not be deemed waived either by reason of the City of Bay City's acceptance of the materials or articles or by payment for them. Any deviations from the Bidding Documents, or any other exceptions or alterations, must be approved in writing by the City of Bay City's Purchasing Agent.

Compliance with Law.

Bidder covenants and agrees that it will comply with all applicable federal, state and local laws, statues, ordinances, rules and regulations, including OSHA and MIOSHA, concerning or relating to the materials, machinery, equipment and/or goods to be sold or provided to the City of Bay City in its Bid.

Patents.

Bidder covenants and warrants that the materials, articles and goods [“product”] purchased hereunder do not infringe upon any letters patent granted by the United States, and Bidder covenants and agrees to hold the City of Bay

City, and its successors, assigns, customers and users of the product, harmless against any claim or demand based upon such infringement, and after notice, to appear and defend at its own expense any suits at law or in equity arising therefrom.

EEO COMPLIANCE AND PREVAILING WAGES

Non-Discrimination in Employment.

Bids for work under Request for Proposal shall obligate the Bidders not to discriminate in employment practices in accordance with section 66-54 of the Bay City Code of Ordinances. Bidder covenants that neither it or its subcontractor shall discriminate against any employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment, or a matter directly or indirectly related to employment because of race, color, religion, national origin, sex, age, height, weight, marital status, physical or mental disability, family status, sexual orientation, or gender identity. Breach of this covenant may be regarded as a material breach of the Contact.

If required and included in the Quotation Request, Bidders must submit with their initial bid a signed ESSENTIAL

EQUAL EMPLOYMENT OPPORTUNITY INFORMATION statement which is included in the specifications.

Successful Bidders must be prepared to comply in all respects with the Contract provisions regarding non-discrimination.

Prevailing Wages and Fringe Benefits.

The payment of prevailing wages and fringe benefits for construction mechanics will be required if the proposed project is financed in whole, or in part, with state or federal funds. Bidder/Contractor is solely responsible for making diligent inquiry and determining if the payment of prevailing wages and fringe benefits for construction mechanics is required for the project.

INSURANCES AND BONDS

Upon award the Bidder shall purchase and maintain the insurances that are appropriate for the goods, services and work being performed and furnished, including materials, which will provide protection from all claims which may arise out of, result from or be caused by Bidder's performances, work, the furnishing of goods or materials and/or Bidder's other obligations under the Bidding Documents and Contract, whether it is to be performed or furnished by Bidder, by any Subcontractor or Supplier, by anyone directly or indirectly retained, consulted or employed by any of them to perform or furnish any of the work, or by anyone for whose acts any of them may be liable. ALL POLICIES OF INSURANCE, AND THE CERTIFICATES OR OTHER EVIDENCE

THEREOF, SHALL CONTAIN AN ENDORSEMENT THAT THE COVERAGE AFFORDED WILL NOT BE

CANCELLED, MATERIALLY CHANGED OR RENEWAL REFUSED UNTIL AT LEAST THIRTY (30) DAYS'

PRIOR WRITTEN NOTICE HAS BEEN GIVEN TO CITY OF BAY CITY BY CERTIFIED MAIL. All insurance shall remain in effect until final payment and at all times thereafter when Bidder may be correcting, removing or

5 (Revised 03/2023) replacing defective work or materials. All insurances shall be obtained from companies licensed and admitted to do business in the State of Michigan.

Upon award the bidder shall provide the bonds and insurances (for the specific coverages and limits of liability) which are indicated below or as otherwise required in the Bidding Documents:

X Guarantee Bonds.

The Bidder shall furnish a surety bond in the amount at least equal to 100% of the Contract Price as security for faithful performance of this Contract. The Bidder shall also furnish a separate surety bond in an amount at least equal to 100% of the Contract Price as security for payment of all persons performing labor and furnishing materials in connection with this Contract. Premium for the bonds described above shall be paid by the Bidder. The surety of the bond shall be a duly authorized surety company satisfactory to the City of Bay City. The surety of the bonds shall furnish with the bonds a "Certificate of Authority of the Surety Company" to do business in the State of Michigan.

The Bidder shall require the attorney-in-fact who executes the required bonds on behalf of the surety to affix thereto a certified and current copy of the power of attorney.

Alternate Insurance.

See enclosed contract for insurance coverage requirements, additional insurance requirements are as indicated below.

X Worker's Compensation Insurance.

Workers' Compensation insurance including Employer's Liability to cover employee injuries or disease compensable under the Workers' Compensation Statutes of Michigan, or federal compensation acts, if applicable.

Self-insurance plans approved by the regulatory authorities in Michigan are acceptable.

X Comprehensive General Liability.

A Comprehensive General Liability policy in the amount of $500,000 for injuries including accidental death to any one person, and $1,000,000 for injuries including accidental death resulting from one accident; property damage in the amount of not less than $500,000 per accident and the same amount in the aggregate, including the following exposures:

A. All premises and operations;

B. Explosion, collapse and underground damage (whenever work under the Bid involves such hazard);

C. Contractor's Protective coverage for independent contractors or subcontractors employed by him;

D. Contractual Liability for the obligations assumed in the Indemnification or hold harmless agreement found in the Contract;

E. Personal Injury Liability endorsement with no exclusions pertaining to employment; and

F. Products and Completed Operations coverage. This coverage shall extend through the contract guarantee period.

X The City of Bay City shall be named as an additional insured as follows:

IT IS UNDERSTOOD AND AGREED THAT THE FOLLOWING SHALL

BE ADDITIONAL INSUREDS: THE CITY OF BAY CITY, MICHIGAN,

AND ITS ELECTED AND APPOINTED OFFICIALS, ALL EMPLOYEES

AND VOLUNTEERS, ALL BOARDS AND COMMISSIONS AND/OR

AUTHORITIES AND THEIR BOARD MEMBERS, EMPLOYEES, AND

VOLUNTEERS.

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AS IT RELATES TO THE WORK AND OBLIGATIONS SET FORTH IN

THE CONTRACT, THIS COVERAGE SHALL BE PRIMARY TO THE

ADDITIONAL INSUREDS, AND NOT CONTRIBUTING WITH ANY

OTHER INSURANCE OR SIMILAR PROTECTION AVAILABLE TO

THE ADDITIONAL INSUREDS, WHETHER THE OTHER AVAILABLE

COVERAGE BE PRIMARY, CONTRIBUTING OR EXCESS.

X Comprehensive Automobile/Vehicle Liability.

A Comprehensive Automobile Liability policy to cover bodily injury and property damage arising out of the operation, ownership, maintenance or use of any motor vehicle, including owned, non-owned and hired vehicles. The

Comprehensive Auto Liability shall be written in the minimum amounts of $500,000 for injuries including accidental death to any one person and $1,000,000 for injuries including death resulting from any one accident. This policy must also provide $500,000 property damage coverage.

Pollution Liability Insurance.

The minimum limit is $500,000 per claim for bodily injury or property damage from pollution caused by any negligent act or omission of Bidder, its employees, agents or subcontractors during the performance of the Contract.

Umbrella or Excess Liability.

The Bidder shall provide an Excess or Umbrella Liability policy in the amount of $1,000,000. Umbrella or

Excess…