REQUEST FOR SEALED BID PROPOSAL

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1 DATE: February 2, 2017 REQUEST FOR SEALED BID PROPOSAL CITY OF SAGINAW- PURCHASING OFFICE RM #105, CITY HALL 1315 S. WASHINGTON AVENUE SAGINAW, MICHIGAN (989) PAGE 1 OF 19 PAGES BIDS DUE: February 21, 3:00 PM MARK ENVELOPE SEALED BID: #P BIDS MUST BE RECEIVED IN THE PURCHASING OFFICE PRIOR TO 3:00 P.M. ON THE BID OPENING DATE. PLEASE NOTE: THE PURCHASING OFFICE NOW CLOSES AT 4:00 P.M. DAILY. AS SUCH, BIDS HAND-DELIVERED PRIOR TO THE ABOVE MENTIONED DEADLINE MUST BE RECEIVED BEFORE THE OFFICE CLOSES. The bidder hereby offers to furnish the goods and/or services described and for the prices named, as follows: THE CITY OF SAGINAW IS SOLICITING SEALED PROPOSALS FOR TREE AND STUMP REMOVAL SERVICES IN SECTION THREE (3) AT FOREST LAWN CEMETERY WITH SPECIFICATIONS AS FOLLOWS: NOTE: All or None means bidders are required to submit pricing for all years and all items requested. Any proposal received that does not meet this requirement will be disqualified. If said bid is not listed as "All or None" the City reserves the right to reject any or all bids, to waive technicalities, split and to accept any bid which is deemed to be in the best benefit. NOTE: WE DO NOT ACCEPT SEALED BIDS VIA FAX OR . A HARD COPY OF THIS DOCUMENT IS AVAILABLE ON THE CITY OF SAGINAW WEB SITE, (CLICK ON Look Up A Bid ) YOU CAN REFER TO THIS SITE FOR INFORMATION ON OUR FUTURE BID REQUIREMENTS AS WELL AS BID RESULTS. IF YOU RECEIVE A BID COPY FROM OUR WEB SITE, AND HAVE NEVER CONDUCTED BUSINESS WITH US YOU CAN ALSO COMPLETE A COPY OF OUR VENDOR COMPLIANCE FORM AND RETURN IT TO US OR CONTACT OUR PURCHASING OFFICE SO YOU CAN BE FORMALLY ADDED TO THE RESPECTIVE BIDDERS LIST. (989) ALSO: IT IS VERY IMPORTANT THAT YOU PROVIDE AN ADDRESS AS THIS IS HOW YOU WILL BE NOTIFIED OF FUTURE BID OPPORTUNITIES.

2 A. TREE REMOVALS Page 2 of SCOPE OF WORK These Detailed Specifications are for the removal of specified cemetery trees within the Forest Lawn Cemetery. The contract and work shall be carried out in conformance with the Ordinances of the City of Saginaw and these detailed specifications, in effect on the date of invitation for bids. The bidder shall furnish all labor, supervision, supplies, tools, equipment and other means necessary or proper for performing and completing the work. The bidder shall be responsible for the cleaning up of the job site and shall repair or restore all structures and property that may be damaged or disturbed during performance of the work to the satisfaction of the City of Saginaw. The contract will cover the period of February 13, 2017 through June 30, LOCATION OF TREE REMOVAL WORK All trees will be clearly marked with a dot or X of paint on the trunk side facing the street and correspond to a location list supplied by the Cemetery. Any tree dotted in a similar manner and not on the location list, or on the location list but not dotted should be brought to the attention of the Cemetery Foreman for a determination. All tree removal work is to be done in accordance with the enclosed removal specifications. It is the bidder s responsibility to notify and make arrangements with the utility company for the removal of branches extending through power and/or telephone lines so removal operations will not be delayed. The bidder shall protect sidewalks, curbs, streets, manhole covers and catch basins, housing property and automobiles from the impact of falling wood by the use of limb ground supports when needed. 3. COMMENCEMENT OF WORK The bidder shall remove ALL trees designated by June 10, unless the City grants an extension. The request for an extension must be in writing. Diameter inch total across all size classes is estimated at 4000 inches. Trees will be marked with a paint dot on the trunk. 4. CLEANUP Immediately after removal of a tree has been completed, the area beneath the tree shall be raked and all debris shall be removed from the area. All streets, driveways, and sidewalks shall be swept clean. Care shall also be taken not to damage other trees, shrubs, or lawns during tree removal operations. 5. REMOVAL OF DEBRIS All debris from tree removal operations shall be removed from the site and from the cemetery within twenty-four (24) hours after debris has been placed, unless authorized by the City. No on site or Cemetery owned areas will be designated as log storage areas. Payment for removal and disposal of debris is to be included in the unit price. Additionally, no debris or logs shall be given to residents since they may harbor the Emerald Ash Borer. Under no circumstances shall debris be left on the street over weekends or holidays. In addition, keeping debris off the street and parkway areas and out of the gutters prevents the debris from entering and plugging the sewer system. Environmentally accepted practices of debris disposal are also an important part of this work.

3 Page 3 of METHOD OF MEASURING Trees to be removed shall be measured per inch of diameter. The diameter shall be measured at a point four feet (4 ) six inches (6 ) above the highest ground level at the tree and will be determined by dividing the measured circumference at that point by B. STUMP REMOVAL 1. SCOPE OF WORK These Detailed Specifications are for the removal and restoration of tree stumps within the cemetery proper. The contract and work shall be carried out in conformance with the Ordinances of the City of Saginaw and these detailed specifications, in effect on the date of invitation for bids. The bidder shall furnish all labor, supervision, supplies, tools, equipment and other means necessary or proper for performing and completing the work. The bidder shall be responsible for the cleaning up of the job site and shall repair or restore all structures and property that may be damaged or disturbed during performance of the work to the satisfaction of the City of Saginaw. 2. LOCATION OF STUMP REMOVAL AND RESTORATION WORK The location of the work is known as: PUBLIC RIGHT-OF-WAY within the cemetery or on property furnished by the owner. All stumps in the cemetery general area shall be removed. All stump removal and restoration work is to be done in accordance with the enclosed removal specifications. The bidder shall protect sidewalks, curbs, streets, manhole covers and catch basins, structural property and vehicles from the stump grinding debris. 3. METHOD OF MEASURING Stumps shall be identified and priced according to two size categories: 1) 18 inches and under and 2) 19 inches and over. Diameters are based on the original diameter of the tree measured at DBH. 4. STUMP REMOVAL The contractor shall remove all tree stumps and buttress roots designated by the Public Works Cemetery Foreman or representative to a point EIGHT inches (8 ) below the adjacent ground level. Additionally, the contractor shall remove all surface and adjacent subsurface roots as may be necessary to eliminate humps or mounds in the parkway in the parkway area adjacent to the stump. All parkway areas are to be left flat and meet original grade. The area will then be backfilled with clean, pulverized topsoil to the level of the adjoining grade and seeded. 5. NOTIFICATION BY CITY The City will provide the vendor with a list containing the location and number of stumps to be removed for each period.

4 Page 4 of NOTIFICATION BY CONTRACTOR The Contractor shall notify the Public Works Cemetery Foreman or representative when all locations have cleared prior to beginning work each day on this contract. 8. SITE APPEARANCE AND DISPOSAL OF STUMP GRINDINGS After grinding (removal) of a tree stump and all associated roots, the Contractor shall remove all stump grindings and associated debris from the site with appropriate tools and equipment for the job. The contractor shall clean up the site and remove all grindings and debris and complete backfilling within TWENTY-FOUR (24) hours of grinding. Grinding debris generated by the work described in this contract shall be the responsibility of the contractor. Stumps, grindings, and debris shall be placed away from the curb and gutter, street, sidewalk, and private property immediately to eliminate hazards to vehicular and pedestrian traffic, and to eliminate damage to private property. Environmentally accepted practices of debris disposal are also an important part of this work. 9. BACKFILLING All areas where stumps have been removed and areas disturbed by the removal operation shall be backfilled to the level of the adjoining grade with pulverized black dirt (topsoil). This shall occur on the same day grindings are removed; otherwise the site shall be properly barricaded overnight to assure the public safety. All holes must be backfilled within twenty-four (24) hours of debris removal. The Contractor shall supply his own topsoil. The topsoil shall be properly leveled and compacted so as to ensure a minimum of settlement of the backfill material. Grindings (chips) and debris must not be used as backfill material. 10. SEEDING All adjacent disturbed areas and areas where backfill material was installed shall be seeded. Seed shall be a mixture composed of fifty (50%) percent Kentucky Bluegrass, thirty (30%) thirty percent Perennial Rye Grass, and twenty (20%) percent Creeping Red Fescue. 11. SUCKER GROWTH In the event that adventitious (sucker) growth should occur, the contractor shall be responsible for regrinding to eliminate sucker growth during a period of one year after initial grinding. Re-grinds must also be restored to grade and reseeded at no additional charge to the City. Care shall also be taken not to damage other trees, shrubs, or lawns during stump removal and restoration operations. 12. CONTRACT PERIOD The initial contract shall be from January 3, 2017 to June 30, The City of Saginaw may renew the contract for two (2) optional years. 13. BILLING & PAYMENT The City will pay all undisputed invoices within 30 days of approval. Bills for services rendered shall itemize each stump s location, date removed and diameter of the stump.

5 Page 5 of 19 C. GENERAL DETAILS 1. EXAMINATION OF SITE Bidders shall inform themselves of all the conditions under which the work is to be performed concerning the site of the work, the obstacles that may be encountered, and all other relevant matters concerning the work to be performed under this contract. The Contractor to whom a contract is awarded will not be allowed any extra compensation by reason of any such matters of things concerning which the Contractor did not inform himself prior to bidding. The successful Contractor must employ, so far as reasonably possible as determined by the Village, such methods and means in the carrying out of his work as will not cause any interruption or interference with any other contractor. 2. MEETING BEFORE WORK BEGINS It is mandatory that the Contractor meets with the Public Works Cemetery Foreman and the Facilities Administrator and/or their designee(s) prior to the start of work in order to review the contract specifications, designate the appropriate project contacts, and discus the manner in which work will be proceeding, among other items. 3. EMERALD ASH BORER COMPLIANCE AGREEMENT Any ash debris disposal must adhere to all regulations set forth by the Michigan Department of Natural Resources (MDNR) and under the Emerald Ash Borer Compliance Agreement (EAB); applicable to State or Federal Cooperative Domestic Quarantines for the Emerald Ash Borer (Agrilus planipennis) pursuant to the Insect Pest. The contractor shall furnish signed copy of the Michigan Department of Natural Resources (MDNR) Compliance Agreement to the City of Saginaw, following all provisions pertaining to the proper disposal of ash debris and movement of MDNR defined, regulated articles within quarantine zones. The contractor shall abide by any modifications to MDNR EAB regulations, including the Compliance Agreement and quarantine zones. All EAB infested ash wood and debris shall be removed from the City of Saginaw and shall become the contractor s responsibility to ensure destruction of the infested wood in accordance with the State statutes and local ordinances. Each ash tree shall be considered infested and disposed of accordingly. Under NO CIRCUMSTANCES shall logs from ash trees be left for homeowners. 4. ALTERATIONS, OMISSIONS AND EXTRA WORK The City of Saginaw reserves the right to increase or decrease the quantity of any item or portion of the work, or to omit portions of the work as may be deemed necessary. 5. DAMAGE TO PUBLIC OR PRIVATE PROPERTY Any damage of public or private property caused by the Contractor's operations shall be resolved with the property owner within ten (10) days after damage occurs to the satisfaction of the City. The Contractor shall inform the Village of any damage caused by the Contractor's operation on the day such damage occurs. Should the damage not be rectified within the time frame agreed upon or to the satisfaction of the City, the City reserves the right to repair or replace that which was damaged or assess the Contractor such cost as may be reasonable and related to damaged caused by the Contractor, and deduct these costs from any payment due the Contractor.

6 Page 6 of PROTECTION OF EXISTING FACILITIES Existing facilities, including grounds, structures, landscaping and so forth shall be protected by the vendor. Any damage to existing facilities shall be reported to the City and shall be repaired promptly by the vendor when ordered to do so by the City at no cost to the City. All repairs of damage to existing facilities shall be made to the satisfaction of the City. Failure to repair damage shall be just cause for withholding payment for work, which becomes due. 7. PERIODIC INSPECTION The bidder shall notify the office of the City at the beginning and end of any workday crews are in Saginaw giving the location of that day s work. This notification shall consist of the starting location and work completed for that day. The City must also be notified on any work day that crews will not be in City prior to completion of any given removal list. The Public Works Cemetery Foreman or his representative will periodically inspect the work and will always be available should any problems arise. The City can be contacted at (989) CONTRACTOR S REPRESENTATIVE Competent English speaking supervisory personnel shall be present on the job at all times. The supervisory personnel shall have full authority to act for the bidder, and receive and execute orders from the Public Works Foreman or appointed representative. The Contractor shall properly schedule and train all of its personnel. It is required that the supervisor visit the facilities being cleaned on a weekly basis to be sure that it has been completed in a satisfactory manner. The Village reserves the right to have the contractor assign a new contact, supervisor, and/or staff, for the City s account if the current representative(s) are deemed unacceptable. 9. ACCESSIBILITY OF CONTRACTOR Contractor shall supply cell phone numbers, daytime office numbers, fax numbers, and pager numbers of supervisors handling this contract. The Contractor shall return all calls or pages within one hour of the City placing the call. On-site response time for complaints must be made within 24 hours of the initial call being made by the City. The Contractor shall update the Public Works Cemetery Foreman or his designee on work progress no less than once per week. Failure to comply with the accessibility requirements shall be deemed as substandard work and will be subject to the same penalties. 10. WORKERS The bidder shall employ competent laborers and shall replace, at the request of the Public Works Cemetery Foreman, any incompetent, unfaithful, abusive or disorderly workers in their employ. Only workers expert in their respective branches of work shall be employed where special skill is required. The bidder is reminded that his employees are an extension of the City s workforce and they are to work in courteous and respectful manner. Inappropriate behavior or examples of unproductive work effort will not be tolerated. The City has the right to require a bidder s employee to be immediately removed from the work crew if the above behavior is exhibited. 11. ARBORIST CERTIFICATION There shall be at least one Certified Arborist or Certified Tree Worker as recognized by the International Society of Arboriculture on the job site at all times.

7 Page 7of TRAFFIC CONTROL The Contractor shall provide adequate traffic control for work area protection in compliance with the Federal Highway Administration Manual on Uniform Traffic 27 Control Devices for Streets and Highways, the State of Michigan Vehicle Code, the Michigan Department of Transportation Highway Standards, and the Illinois Department of Transportation Handbook of Traffic Engineering Practice for Small Cities. The Contractor shall remove all surplus materials and debris from the streets as the work progresses so that the public may have the use of the streets a maximum amount of time. The Contractor is to erect warning signs and furnish adequate barricades for the purpose of directing traffic during tree removal operations. While overhead removal work is taking place, the Contractor shall block off the sidewalk to pedestrian traffic immediately under the trees being removed. 14. SAFETY The Contractor shall insure that all its employees or agents shall abide by all safety rules or regulations set by the City of Saginaw as well as by general regulations and standards of the industry and in accordance with all applicable federal, state, and local regulations. 15. REPORTING The bidder shall keep weekly records of work completed on forms furnished by the City of Saginaw and all other reports it may deem necessary. These records will be turned into the City s office or faxed each Friday upon completion of the work for that week and with the appropriate corresponding statement in the format designated by the City. 16. TRESPASS ON LAND The Contractor shall confine his operations and storage of materials and equipment to the job site public right-of-way or easements. The Contractor shall exercise extreme caution so as not to trespass upon property of third parties not involved in the contract. In the event that the Contractor is to enter upon the property of third parties in the execution of the work he shall obtain written permission prior to doing so and submit evidence of said written permission to the Village. 17. WORKING HOURS The Contractor shall work the same hours as the City of Saginaw Public Services Department unless other arrangements are agreed upon ahead of time. The Contractor must inform the Public Works Cemetery Foreman, or his designee, when the Contractor will be working outside of the normal working hours for Municipal Services. 18. PREVAILING WAGES In accordance with the law and the provisions of 820ILCS 130/0.01 et seq., entitled "an Act regulating wages of laborers, mechanics, and other workers employed in any public works by the state, county, city or any public body or any political subdivision or by anyone under contract for public works, not less than the prevailing rate of wages shall be paid to all laborers, workmen and mechanics performing work under this contract. Prospective Bidders shall thoroughly familiarize themselves with the

8 Page 8 of 19 provisions of the above-mentioned act and shall prepare any and all bids in strict compliance therewith. Copies of the prevailing rate of wages for this City are on file in the office of the City of Saginaw. 19. SUBLETTING CONTRACT It is mutually understood and agreed that the Contractor shall not assign, transfer, convey, sublet, or otherwise dispose of this contract or his right, title, or interest therein, or his 28 power to execute such contract, to any other person, firm, or corporation, without the previous written consent of an authorized representative of the City of Saginaw; but in no case shall consent relieve the Contractor from his obligations or change the terms of the contract. 20. DEFAULT The contract may be canceled or annulled by the Village in whole or in part by written notice of default to the Contractor upon nonperformance or violation of contract terms. Failure of the Contractor to deliver services within the time stipulated, unless extended in writing by the City of Saginaw, shall constitute contract default. 21. WORKMANSHIP Workmanship shall be of the highest caliber in every respect. Workers must take care to insure the least amount of disturbance to the sites, Village staff members, and the general public. 22. PENALTY FOR NON-COMPLETION Time is of the essence to the contract. Should the Contractor fail to complete the work within the timelines stipulated in the contract or within such extended time as may have been allowed, the Contractor shall be liable and shall pay the City two hundred fifty dollars ($250.00) per calendar day not as a penalty but as liquidated damages, for each day of overrun in the contract time or such extended time as may have been allowed. The liquidated damages for failure to complete the contract on time are approximate, due to the impracticality of calculating and proving actual delay costs. This penalty established is to cover the cost of delay to account for administration, engineering, inspection, and supervision during periods of extended and delayed performance. The costs of delay represented by this schedule are understood to be a fair and reasonable estimate borne by the Village during extended and delayed performance by the Contractor of the work, remaining incidental work, correction of work improperly completed, or repair of work damaged as a result of the Contractor. The liquidated damage amount specified will accrue and be assessed until final completion of the total physical work of the contract even though the work may be substantially complete. The City will deduct these liquidated damages from any monies due or to become due to the Contractor from the City. The other provisions of the Contract have been established to allow for the efficient completion of this project, without creating additional burden or hardship on the City or additional administration and/or operating expenses for the City. The failure to adhere to the specifications of the contract, including but not limited to the following examples, shall result in the assessment of liquidated damages of one hundred dollars ($100.00) per incident per day. Some examples include: failing to complete work in a manner or sequence as required: damaging landscaping; failure of the contractor to be accessible to the City or respond to requests to

9 Page 9 of 19 complete work; failing to clean-up debris. 23. COSTS The undersigned hereby affirms and states that the prices quoted herein constitute the total cost to the Village for all work involved in the respective items. This cost also includes all proposal preparation costs, insurance, royalties, transportation charges, use of all tools and equipment, superintendent, overhead expense, inspection costs, all profits and all other work services and conditions necessarily involved in the work to be done in 29 accordance with the requirements of the contract documents considered severally and collectively. 24. EQUIPMENT CONDITION All equipment will be kept in good, safe operating condition. All equipment will be kept in such a condition so that the gas/oil is not leaking. 25. FUEL/OILING Spilling gasoline and oil kills the grass. If any spill should occur the Contractor shall immediately commence the appropriate clean up in conformance with any and all applicable regulations. The Contractor shall be responsible for all costs associated with such a clean-up and restoration and/or reimbursement for any damages that may occur. 26. ADDITIONS OR DELETIONS The City reserves to right to increase or decrease quantities and number of any item or portion of the work, or to omit portions of the work as may be deemed necessary. The Contractor will be asked to provide a list of hourly manpower and equipment rates used to calculate the proposal prices for this section of the contract. These rates shall be used when the quantities of work must be increased or decreased for any reason such as adding sites, deleting sites, or failure of the Contractor to complete required work. Using these rates, the City and the Contractor shall meet and shall mutually agree upon the dollar amounts to be added to or deleted from the contract. 27. REPORT OF WORK PERFORMED AND SCHEDULED The Contractor shall, at a minimum of once per month during the period of providing services, submit a written report to the Facilities Administrator in detailing the weekly progress that has been performed by the Contractor during the previous month. At the same time, the Contractor shall also provide a schedule of work that is anticipated to be completed in the subsequent month.

10 Page 10 of 19 The undersigned bidder agrees to all terms and conditions of the preceding specifications for the parkway tree removal contract and will furnish all of the insurance documents and security deposits as stipulated. PRICE BID FOR TREE REMOVAL AND STUMP GRINDING FOREST LAWN SECTION #3 TREE REMOVAL A B C D E F G Size D.B.H. $Price/Inch Average Estimated # Total Inches Total Price Class Diameter of Removals (C*F) $ $ $ $ $ $ $ $ $ STUMP REMOVAL and RESTORATION FOREST LAWN SECTION #3 Total Price: A B C D E Size Diameter Unit Estimated # Total Price(CxD) Class Price Of Removals $ $ $ 4 Total Price:

11 Page 11 of 19 CHECK LIST: BEFORE SUBMITTING YOUR BID YES 1. Before the bid due date, check our web-site bid copy to make sure there are no description, quantity or Addendums changes. (Go to click on Look Up a Bid ). 2. Assuming they are permitted, if you re submitting an alternate(s) bid the pricing must be clearly listed and the page labeled ALTERNATE. All support information should also be attached and labeled Alternate #1, #2, #3, etc. 3. Is your bid signed (IN BOTH PLACES) by an authorized representative of your company? 4. Have you provided the Terms & Delivery information requested? 5. Is the OUTSIDE of your FEDX, UPS OR REQULAR ENVELOPE properly labeled with the bid number? 6. Are you submitting your original bid plus ONE (1) COPY as required? 7. If your bid is over $100, do you have a Bid Bond, Certified Bank Check or Money Order enclosed? a. Multiple year bids must be added together to get your total. b. If submitting an alternate proposal along with your original bid, only one (1) of the above mentioned items is required. NOTE: An original Bid Bond, Certified Check, Bank Money Order or Cashier s Check in the amount of three percent (3%) of the total amount bid must be submitted with any bid in excess of $100,000. Facsimiles or copies of bid bond will not be accepted and bid will be disqualified if submitted. PAYMENT TERMS: HOW LONG FOR DELIVERY: (Please advise how long we have to pay your invoice(s), ie net 30) FOB: CITY OF SAGINAW SAGINAW, MI The City reserves the right to accept or reject any and all bids, or parts thereof, and to waive any irregularities in the bid except those specifically mentioned in the sealed bid instructions. As part of the consideration for this bid, the undersigned does hereby agree to have withheld from any payment due them, any amounts owed for taxes, fees or other charges due the City of Saginaw. Per Section 14 of The City of Saginaw Uniform Income Tax Ordinance, the tax percentage is 1,5% on income earned from the City. The tax shall apply on the taxable net profits of a corporation doing business with the City, being levied on such part of the taxable net profits as is earned by the orporation as a result of work done, services rendered and other business activities conducted with the City, as determined in accordance with this Ordinance.

12 PAGE 12 of 19 ADDITIONAL BIDDER REQUIREMENTS: INDEMNITY AND INSURANCE REQUIREMENTS INDEMNITY: The Contractor shall indemnify and save harmless the City of Saginaw, its officers and employees of and from all loss or damage caused to any person or property by reason of any carelessness or negligence in the doing or making of the work specified herein, and by reason of failure to pay all persons who shall supply said Contractor with materials, provisions and supplies for the performance and completion of said contract, and to promptly pay all just debts, dues and demands incurred in the completion of this contract, or of whatsoever other kind or nature, which shall be caused by delay or failure in the performance and completion of this contract, and further to indemnify and save harmless of and from all suits and actions the City of Saginaw, its officers and employees, on account of any injuries or damages sustained by any person or persons by reason of any act, or omission or negligence, or by the use of improper or defective material on the part of said Contractor in the performance of any part of this contract, and further to indemnify and protect any and all demands, fees or royalties for any patented invention, materials, articles, methods, arrangements or process of manufacture or any infringements thereon, that may be used on or be in any manner connected with the construction, erection or maintenance of the work, material, or any part thereof, embraced in this contract. INSURANCE: During the life of the contract, the Contractor shall effect and maintain the following types of insurance: Comprehensive General Liability, including contractual liability with combined single-limit coverage of at least $500,000 naming the City of Saginaw as additional insured. Automobile Liability Worker's Disability Insurance Such insurance shall be carried by financially responsible companies, licensed in the State of Michigan, and satisfactory to the City. The Contractor shall submit to the City for review and approval certificates of insurance for the above required coverage s. The certificate of insurance shall provide at least 30- days written notice to the City of any changes in the policy and any cancellation or termination thereof.

13 PAGE 13 of PREFERENCE FOR LOCAL BIDDERS (A) If the lowest bidder is not a Saginaw-based bidder, as defined above, any Saginawbased bidder with a bid within 5% but not more than $5,000 of the lowest bid shall be deemed the lowest bidder if it agrees to reduce its bid to match the bid of the lowest bidder. A lowered bid by a Saginaw-based business which is premised upon, in whole or in part, changes to or variances to the bid specifications, contract requirements, or scope of work, shall be considered non-responsive and will not be considered. (B) If such a Saginaw-based business refuses to reduce its bid to match the lowest bid, then the next lowest responsive and responsible Saginaw-based business with a bid within 5% but not less than $5,000 of the lowest bid shall be deemed the lowest bidder, if it agrees to reduce its bid to match the bid of the lowest bidder. (C) If no responsive and responsible Saginaw-based businesses within 5% but not more than $5,000 of the lowest bid agree to reduce their bids, then the contract shall be awarded to the person or business with the lowest, most responsive and responsible bid. (D) In the event of a tie between two (2) or more Saginaw-based businesses, where all other factors are equal, the award of the bid shall be by coin toss conducted by the Purchasing Officer or his/her designee. (E) No contract awarded pursuant to this ordinance shall be sublet in any manner that permits 50% or more of the dollar value of the contract to be performed by a subcontractor or subcontractors who do not meet the definition of Saginaw-based. (F) The section shall not waive or constrain, in any manner, the right and prerogative of the City to reject any and all bids or proposals from any Saginaw-based business which fails to meet the requirements of any other section of this ordinance, or to reject a bid which is in any way incomplete, irregular, not responsive or not responsible. BIDDER REQUIREMENTS: 1. Each proposal shall be good for 120 days from the bid opening date OR state how long your pricing is good for. 2. Each bidder shall include one (1) additional copy of your proposal MARKED COPY. 3. Each bidders Envelope, Fedex Box/Letter, UPS Box/Letter or any other method of sealed delivery must have the bid number on the outside of the container. Unmarked bids may be inadvertently opened and will be disqualified. Additionally, unmarked bids may be subject to missed deadlines due to improper labeling. 4. All bids over $100, must include a bid bond, certified bank check or money order. If agreement is for multiple years, each year should be added for your total. (See Sealed Bid Instructions page). 5. ALL OR NONE DEFINED: All or None means bidders are required to submit pricing for all years and all items requested. Any proposal received that does not meet this requirement will be disqualified. If said bid is not listed as "All or None" the City reserves the right to split said bid to our best benefit. 6. Each City of Saginaw Department shall be viewed as a separate account (not a blanket account) with the respective successful bidder(s).

14 Page 14 of When a brand is identified, or when a specific method or process is requested, you may quote an equal. You must identify the brand, model, part number, etc., method or process and enclose literature verifying equal (when applicable). City personnel retain the right to determine equals. If the item(s) states No Substitutions, no substitutes will be accepted. 8. All shipping and handling charges and all cost associated with the delivery, installation and/or completion of the product or service requested must be included in your bid price, including but not limited to any Titles, Fees, and Transfer cost. All vehicles purchased by The City shall be titled to City of Saginaw. Please consult with the Purchasing Office for Title and License Plate instructions. Where applicable and unless other wise noted, your bid pricing must remain constant for the length of the agreement and/or contact period. 9. In the event the successful bidder uses a Third Party Company to provide the goods and/or services requested, the successful bidder must notify the Purchasing Office before said goods are shipped and/or services are provided. At that time the City reserves the right to accept or reject the use of a third party. The successful bidder shall be soley responsible for payment to the third party company. 10. The City of Saginaw at it s sole discretion may choose to extend any agreement/contract for goods and/or services for a period of no more than two (2) one year extensions providing the bidder is willing to keep their pricing for said goods and/or services the same as the previous agreement/contract. 11. The items on this bid may be requested on an As Needed Basis based on the needs of the City. 12. Regarding addendums, the full addendum document and any other items noted as such must be returned and included with you sealed bid All bids must be returned to the Purchasing Office at 1315 S. WASHINGTON, SAGINAW, MI 48601, by the previously stated due date. PLEASE NOTE: THE PURCHASING OFFICE NOW CLOSES AT 4:00 P.M. DAILY. AS SUCH, BIDS HAND- DELIVERED PRIOR TO THE ABOVE MENTIONED DEADLINE MUST BE RECEIVED BEFORE THE OFFICE CLOSES. 14. IRAN ECONOMIC SANCTIONS ACT: The act provides that Iran linked businesses are ineligible from submitting a bid on the City s requests for proposals. The Act further provides that the City shall require all bidders to certify that they are not Iran linked businesses. Definition: Iran linked businesses are those linked to the Iranian energy sector. An Iran linked business is specifically defined as: (i) A person engaging in investment activities in the energy sector of Iran, including a person that provides oil or liquefied natural gas tankers or products used to construct or maintain pipelines used to transport oil or liquefied natural gas for the energy sector of Iran. (ii) A financial institution that extends credit to another person, if that person will use the credit to engage in investment activities in the energy sector of Iran. The provisions of the Act are only in effect if a country is a state sponsor of terror. A state sponsor of terror is defined as any country determined by the United States secretary of state to have repeatedly provided support for acts of international terrorism. Iran is currently on the US SOS state sponsor of terrorism list ( along with Cuba, Sudan, and Syria.

15 PAGE 15 of 19 The successful bidder will conform to all specifications and requirements which are attached and incorporated as part of this bid. The City reserves the right to accept or reject any and all bids, or parts thereof, and to waive any irregularities in the bid except those specifically mentioned in the sealed bid instructions. Additionally, (if applicable) we reserve the right to add or delete any items(s) and/or service from this bid to the best benefit of The City of Saginaw. By signature, the bidder acknowledges that the signer has complete authority to execute the bid on behalf of the bidder and that the bid is genuine and not collusive in any manner; and that no other bidders were improperly induced to refrain from bidding or induced to submit a sham bid; and that the bidder agrees to have withheld from any payment due them, any amounts owed for taxes or other charges due the City of Saginaw; and that successful bidders are subject to mandatory City of Saginaw income tax withholdings. COMPANY: DATE: SIGNATURE: (INK) PRINTED NAME TIITLE: ADDRESS: TELEPHONE#: FAX #: VERY IMPORTANT!!! Michigan s Iran Economic Sanctions Act: The signature below certifies your company is in compliance with the Michigan Iran Economic Sanctions Act as identified on the above page of this document. Further information on this act can be viewed at ( (signature) (printed name) (title)

16 PAGE 16 of 19 IF THIS BID PROPOSAL IS SELECTED AS THE LOWEST AND BEST OFFER, IT WILL BE ACCEPTED IN THE FOLLOWING MANNER: 1) THE CITY COUNCIL WILL APPROVE THIS BID PROPOSAL AT A REGULARLY SCHEDULED OR SPECIAL MEETING. 2) THE CITY'S PURCHASING OFFICER WILL SIGN THIS BID PROPOSAL ON BEHALF OF THE CITY. THE BID PROPOSAL SHALL THEN CONSTITUTE A WRITTEN CONTRACT BETWEEN THE PARTIES. 3) FOR ADMINISTRATIVE PURPOSES, THE CITY WILL ALSO ISSUE A SEQUENTIALLY NUMBERED PURCHASE ORDER. CITY OF SAGINAW, a Municipal Corporation BY: DATE: (PURCHASING OFFICER) 1315 S. WASHINGTON SAGINAW, MICHIGAN TELEPHONE: (989) FACSIMILE: (989) The Purchase Order/Contract cannot be increased over 10% of the total purchase order up to Fifty Thousand 00/ ($50,000.00) dollars without the prior approval of City Council. This offer is accepted by the issuance of a purchase order signed by The City Purchasing Officer for all or any portion of this bid and shall constitute a contract between the parties. All invoices must be submitted within sixty (60) days from the time of delivery of goods or services or the completion of projects. Invoices must make reference to a valid purchase order number in order to be paid. All invoices that do not reference a valid purchase order number will be held for validation and/or returned to the original source.

17 City of Saginaw, Michigan Purchasing Division (989) SEALED BID INSTRUCTIONS SEALED BIDS MUST BE SUBMITTED ACCORDING TO THE FOLLOWING INSTRUCTIONS OR YOUR BID WILL BE DISQUALIFIED 1. Bids must be submitted on printed forms furnished by the City Purchasing Office. Voluntary alternates may be attached to bid form, if necessary. 2. Bids must be in ink or typewritten. 3. Bids must contain bidder s complete name, address and telephone number. 4. Bids must be signed in ink and dated. 5. Bids must include delivery or completion time. 6. If an addendum (Form B02) is issued by the City, it must be signed, dated and returned with bid. 7. An original bid bond, certified check or cashier s check in the amount of three percent (3%) of the total amount bid must be submitted with any bid in excess of $100,000. If agreement is for multiple years, each year should be added to get your total cost. Facsimiles or copies of bid bond will not be accepted and bid will be disqualified if submitted. 8. All erasures or corrections to pricing information must be initialed in ink. 9. In case of a discrepancy between a unit price and its extension, the unit price will be considered correct and the bid will be recalculated to determine the amount bid. All addition errors will be corrected and the total bid will be adjusted to reflect the corrections. 10. All bids must be in the City Purchasing Office by the date and time specified on bid forms. The Purchasing Office is located at Saginaw City Hall in room # EACH BID MUST BE ENCLOSED IN A SEPARATE SEALED ENVELOPE WITH SEALED BID AND THE BID NUMBER MARKED ON THE FRONT. 12. Each bidder s envelope, FED EX box/letter, UPS box/letter or any other method of sealed delivery must have the bid number on the outside of the container. UNMARKED BIDS WILL BE DISQUALIFIED. NO CONTRACT SHALL BE VALID UNLESS APPROVED BY CITY COUNCIL. Pursuant to the Charter of the City of Saginaw, written contracts involving the expenditure of $2,000 or more shall require the approval of City Council. No City employee has the authority to bind the City to such a contract. RIGHT OF CITY TO ACCEPT OR REJECT BIDS THE CITY RESERVES THE RIGHT TO ACCEPT OR REJECT ANY AND ALL BIDS, OR PARTS THEREOF, AND TO WAIVE ANY IRREGULARITIES IN THE BID EXCEPT THOSE SPECIFICALLY MENTIONED ABOVE.

18 GENERAL INFORMATION MAIL OR DELIVER ALL SEALED BIDS TO THE FOLLOWING ADDRESS BY THE DATE, TIME AND OFFICE HOUR DEADLINE SPECIFIED ON BID FORM: CITY OF SAGINAW PURCHASING OFFICE ROOM # S. WASHINGTON AVENUE SAGINAW, MICHIGAN NO CONTRACT SHALL BE VALID UNLESS APPROVED BY CITY COUNCIL Pursuant to the Charter of the City of Saginaw, written contracts involving the expenditure of $2,000 or more shall require the approval of City Council. No City employee has the authority to bind the City to such a contract. ALTERATION OF BID BY BIDDER After bids have been opened, the bidder will not be allowed to withdraw, modify, or correct any bid. EVIDENCE OF BIDDER S QUALIFICATIONS Bidders may be required to give some satisfactory evidence that they have been regularly engaged in the business or are reasonably familiar therewith, and that they are fully prepared with the necessary capital, materials, and machinery to complete the work or to furnish the materials contracted for to the satisfaction of the City. FAMILIARITY OF BIDDER WITH CONTRACT REQUIREMENTS Bidders are warned that they must inform themselves of the character and amount of work, labor, or material to be furnished under the contract. CONTRACT ASSIGNMENTS OR TRANSFERS PROHIBITED The assignment or transfer of a contract or of interests in the contract are prohibited unless approved by the proper City department and City Council. CITY INCOME TAX COMPLIANCE Bidders are hereby notified that the City of Saginaw has an income tax. All successful bidders will be subject to income tax withholdings and compliance is mandatory. WITHHOLDING FROM PAYMENTS As part of the consideration for any bid/contract, all bidders agree to have withheld from any payments due them, any amounts for taxes, fees or other charges due the City of Saginaw. CONTRACT COMPLIANCE ORDINANCE The City of Saginaw has a Contract Compliance Ordinance which requires bidders to submit documentation furnished by the City indicating compliance with the Ordinance. Contract compliance forms must be sent to the City Purchasing Office; 1315 S. Washington Avenue; Saginaw, Michigan Forms may be obtained by calling (989) INSTRUCTIONS AS PART OF CONTRACT These instructions are to be construed with and made a part of the contract or purchase order.

19 NOTICE TO ALL BIDDERS SEALED BID DOCUMENTS: EFFECTIVE IMMEDIATELY: All interested bidders may obtain Sealed Bid Document Forms, proposal instructions, general specifications and Bid Results from the City of Saginaw internet Web Site ( (GO TO Look up a bid and scroll down to the applicable document). YOU CAN REFER TO THIS SITE FOR INFORMATION ON OUR FUTURE BID REQUIREMENTS AS WELL AS BID RESULTS. Companies who do not have access to the Internet may contact the Purchasing Office at (989) for bid document copies. PLEASE MAKE NOTE OF THIS NEW FORMAT FOR RECEIVING OUR BID DOCUMENTS.

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