Specifications and Contract Documents 2021-2025 Mowing / Weed Control Program 2021

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2021

      Specifications and
    Contract Documents
        2021-2025
   Mowing / Weed Control
         Program

CITY OF ST. CLAIR SHORES, MI
27600 JEFFERSON ST. CLAIR SHORES, MI 48081-2093
PHONE: 586.447.3340 FAX: 586.445.4098
2021
                          MOWING & WEED CONTROL
                                PROGRAM

                          CITY OF ST. CLAIR SHORES

                                   INDEX

Advertisement for Bids                               Page 1

Specifications                                       Pages 1 - 3

Instructions to Bidders                              Page 1 - 3

Bid Form                                             Pages 1 - 3

Contract                                             C. 1 - C. 2

W-9 Taxpayer Form                                    Page 1
CITY OF ST. CLAIR SHORES
                             27600 JEFFERSON CIRCLE DRIVE
                             ST. CLAIR SHORES, MI 48081-2093
                                    Website: scsmi.net

                   ADVERTISEMENT OF INVITATION(S) TO BID

The City of St. Clair Shores will solicit sealed bids for the following products and/or services:

                Water Department Cross Connection Inspection Program
                      Bid Opening 10:30 a.m. on January 19, 2021

   Specification will be available within 30 days on MITN for the following projects:

              1. Demolition of 21606 Pleasant, St. Clair Shores, MI 48080
              2. 2021-25 Clean-up Program
              3. 2021-25 Irrigation System Maintenance
              4. 2021-25 Landscape Maintenance Various Parks and Right of Ways
              5. 2021-25 Mowing/Weed Control Program
              6. 2021-25 Rodent Control Program
              7. 2021-25 Snow Removal Program
              8. 2021-25 Building Inspection Services

Specifications may be obtained at www.bidnetdirect.com/mitn. All bids must be submitted in
accordance with the bid specifications. A public viewing copy is available at the Office of the
City Clerk.

Bid openings are held at City Hall, 27600 Jefferson Avenue, St. Clair Shores, MI 48081.
The City of St. Clair Shores reserves the right to accept or reject any or all bids, either in
part or in whole, to waive any formalities and to accept the bid which it believes to be in the
best interest of the City.
                                                              By: Mary A. Kotowski, City Clerk

                                                                                      Published:
SPECIFICATIONS
                                                                                      PAGE 1 of 3

                           2021-2025 MOWING & WEED CONTROL
                                         IN THE
                                CITY OF ST. CLAIR SHORES

1.     SCOPE OF WORK

The project consists of code violation services. Work includes mowing, weeding, and trimming for
calendar year 2021 for properties in violation of City Ordinance.

The successful bidder shall furnish complete, all labor, materials and necessary tools, equipment,
accessories and transportation service to perform all work required in connection with the services
requested. Work shall be assigned by the Code Enforcement Officer with instructions as to the work
requested. At no time shall the successful bidder perform any work without prior approval of the
Owner.

The successful bidder must provide/possess the following:

          a. The ability to initiate individual service requests from the City via email and phone
             within 24 hours. Bidder shall only bill for the properties where work is actually
             performed. Bidder will NOT receive payment for action if City cannot justify action with
             information provided by bidder.
          b. The ability to process, implement and complete work orders, which could number
             hundreds, in a 48-hour period.
          c. All grass/weed cutting will require site to be raked, trimmed and yard waste and
             debris to be removed by the successful Bidder. (Contractor will be assigned
             properties once the lawn has reached a height of 8”)
          d. The ability to process completed work orders with information which will include, but
             not be limited to, before and after pictures (including a full view picture of the front of
             the property) of the requested service showing dates and times on pictures, notes
             regarding the service, line-item billing and reference to employees present at the site
             within (2) business days of the service.
          e. The ability to provide the entire scope of all services as required by City ordinance.
          f. Bidder to provide separate invoices via email within (2) business days of the service.
          g. Bidder to provide reports/spreadsheets via email when requested by the Owner.
          h. Ability for the City to access contractor records through contractors’ software.
          i. Work experience with at least two (2) other municipalities or commercial businesses
             with a letter of recommendation attached and documentation of the services rendered
             to that city/business for a minimum two-year period.
          j. The ownership of sufficient amounts of properly maintained equipment and vehicles.
             Bidder may be asked to coordinate a viewing session prior to award of contract to
             assure that said equipment complies.
          k. Uniformed field staff, supervisory staff and management trained in the proper and safe
             use of all equipment used to complete the work.
          l. The City reserves the right to perform a background check on any owner or employee
             of the company.
SPECIFICATIONS
                                                                                        PAGE 2 of 3

          m. The city may choose to have the entire city canvassed by the contractor to tag
              violators and to generate a list of those properties. The contractor shall provide a
              complete list of properties in violation to the city with 24 hrs. The contractor will then
              be directed by the city on how to proceed with correcting the violation. (There is
              approximately 200 mile of streets in SCS)

Alternate: Contractor to provide a certified arborist to investigate the health/safety of dead,
diseased or dying trees. The arborist will be required to visit individual sites on an as needed basis
and submit a written report of their findings to Community Development. Arborist may be needed to
appear in court for expert testimony.

           a. Bidder will appoint one staff member as a point of contact for all services, including
              billing and other administrative functions, and that person shall be available by email
              and cell phone.

2.     CONTRACT AWARD

The City may award a multi-year contract at this time. Therefore, an alternate bid is contained in the
proposal to extend the contract for the 2022-23 and 2023-24 season. Should the unit price of the
adjustment be acceptable, the City may include these seasons in the award.

3.     UNIT PRICES

The Unit Price bid shall be per item for the entire contract.

The Proposal of _____________________________________ (hereinafter called “Bidder) to the
City of St. Clair Shores, Macomb County, Michigan (hereinafter “Owner”)

The Bidder, in compliance with the Advertisement for Bids for the 2021-2025 WEED CONTROL,
having examined the specifications contained herein of the proposed work, and being familiar with
all the conditions surrounding the proposed project including the availability of equipment and labor,
herby proposed to furnish all licenses, labor, and equipment, and to perform the maintenance in
accordance with the Contract Documents, within the time set forth therein, and at the prices stated
below. These prices are to cover all expenses incurred in performing the work required under the
Contract documents, of which this proposal is part.

The Bidder affirms that in making such Proposal neither he or any company that he may represent
nor anyone on behalf of him or company directly has entered into any combination or collusion,
undertaking or agreement with any bidder or bidders to maintain the prices of said work, or any
compact to prevent any other bidder or bidders from bidding on said contract or work, and further
affirms that such proposal is made without regard or reference to any other bidder or proposal and
without any agreement or understanding or combination either directly or indirectly with any other
person or persons with reference to such bidding in any way or manner whatsoever.

The Bidder hereby confirms that all owners and employees of his/her company are legally eligible to
work in the State of Michigan and in the United States of America. The Bidder confirms that his/her
company has received Social Security numbers from all employees and have confirmed to the best
SPECIFICATIONS
                                                                                      PAGE 3 of 3

of his/her legal abilities and obligations that such employees are in compliance with both State and
Federal laws with respect to their immigration and employment status.

The Bidder agrees that his bid shall be good and may not be withdrawn for a period of sixty (60)
calendar days after the scheduled closing time for receiving bids.

The Bidder hereby agrees to commence work under this contract on or before the date to be
specified in the written “Notice to Proceed” and to fully complete the entire Project in accordance
with the completion dates and schedule as stipulated in the specifications.

The Bidder acknowledges receipt of the following addendum:

       No. ________________                  Dated: __________________

       No. ________________                  Dated: __________________
INSTRUCTIONS TO BIDDERS
                                                                           Page 1 of 3

1. INSURANCE

The Contractor shall provide insurance in the name of the City of St. Clair Shores. The City
of St. Clair Shores shall be included as additional named insured on this Owners &
Contractors Protective Policy.

2. LIMITS OF INSURANCE (See also Section 5 of the General Conditions)

The Contractor shall procure and maintain during the life of this Contract, except where
otherwise indicated, the following minimum insurance coverage:

At the time of executing the contract documents the successful bidder shall provide the City
of St. Clair Shores with proof of insurance for the following minimum coverage:

     1. Employer’s Liability and Worker’s Compensation
             (Statutory Limits)

     2. Public Liability and Property Damage
              ($2,000,000.00 each person and $2,000,000.00 each occurrence Public
              Liability; and $500,000.00 each accident and $500,000.00 aggregate
              Property Damage)

     3. Motor Vehicle Bodily Injury and Property Damage
             (Owned, Non-Owned and Hired) Comprehensive Form ($250,000.00 for
             injuries, each person, $500,000.00 for each accident; and $100,000.00
             Property Damage each accident)

     4. Owner’s and Contractor’s Protective Liability
            ($2,000,000 General Aggregate and Each Occurrence with the City of St.
            Clair Shores named as additional insured.

3. INDEMNIFICATION CLAUSE

The Contractor shall indemnify and save harmless the City of St. Clair Shores for and from
all claims, demands, payments, suits, actions, recoveries, and judgments; of every name
and description, brought or recovered against them or to property received or sustained by
any person or persons whomsoever by reason of any action or omission of the said
Contractor, his agents, servants, or his contractors in the performance of said Work, or by or
in consequence of any negligence or carelessness in connection with the same or on
account of the death of or injuries to persons who shall be engaged in or
INSTRUCTIONS TO BIDDERS
                                                                              Page 2 of 3

about the work to be performed under this Contract; and on account of liability or obligation
imposed directly or indirectly upon the City of St. Clair Shores by reasons of
any law of the State or the United States, now existing or which shall hereafter be enacted,
imposing any liability or obligation, or providing for compensation to any person or persons
on account of or arising from the death of, or injuries to employees. Said Contractor shall
pay, settle, compromise and procure the discharge of any and all such claims and all such
losses, damages, expenses, liabilities, and obligations, and shall defend at his own cost and
expense any and all claims, demands, suits and actions made or brought against the City of
St. Clair Shores, and all Additional Named Assured, for or upon any such claim. In case
said Contractor shall fail, neglect, or refuse to comply with any of the provisions of this
paragraph, the City of St. Clair Shores may, in order to protect itself, and all Additional
Named Assured, from liability, defend any such claim, demand, suits or action and pay,
settle, compromise, and procure the discharge thereof, in which case said Contractor shall
repay the City of St. Clair Shores any and all such loss, damage and expense, including
attorney's fees paid, suffered or incurred by the City of St. Clair Shores, and all Additional
Named Assured, in so doing. So much of the monies due, or to become due, to said
Contractor under this agreement as shall be deemed necessary by the City of St. Clair
Shores, shall or may be retained by the City of St. Clair Shores until every and all such
claims, demands, suits, actions, recoveries, judgments, liabilities and obligations have been
settled and discharged and evidence to that effect furnished the City of St. Clair Shores, or
the City of St. Clair Shores may collect the same in whole or in part in any lawful manner
from said Contractor. The Contractor shall provide adequate insurance until his work is
completed, with a reasonable insurance company which meets with the approval of the City
of St. Clair Shores, covering liability to the public for loss resulting from injury to persons or
damage to property arising out of or caused by his operations, acts, or omissions, or those
of his subcontractors, agents, or employees in procuring work for the City of St. Clair
Shores. Such insurance coverage shall be in such amounts as are provided in public
liability and property damage section herein, provided, however, that such insurance
coverage shall include an endorsement providing that the contractual exclusion shall be
removed or in the alternative, contractual insurance shall be afforded. If the former, such
endorsement shall contain specific language as follows:

     "It is hereby agreed that the contractual exclusion does not apply to the contract
     entered into between the insured and the City of St. Clair Shores, and each
     Additional Named Assured as their interest may appear for the project work.
     Such insurance coverage shall also contain an endorsement guaranteeing that
     thirty (30) days notice to the City of St. Clair Shores and each Additional Named
     Assured, shall be given in writing prior to the cancelation of, or change in any
     such insurance."
INSTRUCTIONS TO BIDDERS
                                                                             Page 3 of 3

4.   EXTRAS

No claim for extra compensation because of either decrease or increase in quantities will be
allowed.

Contractor and Owner mutually agree that in the event the Contractor is to perform
services beyond, or at variance with the Scope and total price of this Contract, such
services must be mutually agreed to, in advance, in writing, with agreed upon price
included. Accordingly, claims for the payment of Extra Services must be substantiated
by the Contractor with a written order signed by Owner or his authorized agent.

5.   EMERGENCY PHONE NUMBERS

The Contractor must submit Emergency (24 Hours) phone numbers on the company
letterhead when submitting contract books.

6.   INCLUDED WORK

All items of work noted on the Plans or in the Specifications that are not specifically noted in
the proposal, shall be considered as included with construction and shall be constructed at
no extra cost to the Owner.

7.   SUB-CONTRACTS

The Contractor shall not execute an Agreement with any Sub-Contractor or sub-
subcontractor or permit any Sub-Contractor or sub-subcontractor to perform any work
included in this Contract without the prior written consent of Owner.

8.   SAFETY

     A.    The Contractor hereby guarantees to the Owner that all materials, supplies and
           equipment as listed on the Proposal, Contract or Purchase Order meets the
           requirements, specifications and standards as provided for under the Michigan
           Occupational Safety and Health Act of 1976, as from time to time amended and
           in force at the date hereof and all other applicable Federal, State and local
           ordinances, statutes and laws.

     B.    The Contractor shall perform all work in accordance with the Construction Safety
           Standards as adopted by the Michigan Department of Labor Construction Safety
           Standards for Occupational Health adopted by reference and cross reference
           under authority of Sections 19 and 21 Act No. 154 of the Public Acts of 1974, as
           amended, being 408.1021 of the Michigan Complied Laws.
C.     Proposals:

        All proposals shall be submitted to:

        City of St. Clair Shores
        City Clerk
        27600 Jefferson Circle Drive
        St. Clair Shores, MI 48081-2093

 Proposals must be delivered no later than 10:30 am EST on Tuesday, March 9,
 2021. All proposals received after that time will be returned to the Proposer
 unopened.

 The Proposer shall submit four (4) copies of its proposal in a sealed envelope,
 addressed as noted above, bearing the proposer’s name and address clearly
 marked, “RFP – Mowing and Weed Control Program”

  e. Withdrawal of Proposals

 A Proposer may withdraw its proposal at any time before the expiration of the time for
 submission of proposals as provided in the RFP by delivering a written request for
 withdrawal signed by, or on behalf of, the Proposer.

  f. Rights of the City of St. Clair Shores

 This RFP does not commit the City to enter into a contract, nor does it obligate the
 City to pay for any costs incurred in preparation and submission of proposals or in
 anticipation of a contract. The City reserves the right to:

          Make the selection based on its sole discretion;
          Reject any and all proposals;
          Issue subsequent Requests for Proposals;
          Postpone opening for its own convenience;
          Remedy technical errors in the Request for Proposals process;
          Approve or disapprove the use of particular subconsultants;
          Negotiate with any, all or none of the Proposers;
          Accept other than the lowest offer;
          Waive informalities and irregularities in the Proposals and/or
          Enter into an agreement with another Proposer in the event the originally,
           selected Proposer defaults or fails to execute an agreement with the City;
          Enter into agreements with multiple Proposers to provide the services that
           may be needed.

An agreement shall not be binding or valid with the city unless and until it is executed
     by authorized representatives of the City and the Proposer.
BID FORM
                                                                                          PAGE 1of 3

                                                  ITEMIZED BID

                                2021-2025 MOWING & WEED CONTROL
                                  IN THE CITY OF ST. CLAIR SHORES
                                   Bids Due March 9, 2021 – 10:30 am

The average residential lot size is 50’ x 125’. Contractors shall be dispatched to cut lawns
when the length has reached a minimum height of 8”. Both front and back yards must be cut,
trimmed, edged and all debris removed. Hourly rate to apply to larger and commercial
properties. All work must be approved in advance by the Code Enforcement Department.

The bidder shall acknowledge that the number of lots is unknown and the owner reserves the
right to assign any amount without an increase or decrease in unit price. Quoted prices shall
also apply to scattered sites owned by the city of St. Clair Shores. Final payment will be
based on actual quantities.
2021-2022 Rates

Fixed rate for average city lot with minimal debris (80% of lots)        $_________/PER LOT

Hourly rate per employee and all related equipment to complete the job   $ ________/HOUR
at commercial or oversized residential lots. (20% of lots)

Canvassing Entire City (Lump sum fee per canvass)                        $________/EACH

Fee if work is done prior to contractor showing up                       $_______/ PER PROPERTY

Certified Arborist                                                       $ _______/HOUR

Certified Arborist – individual site evaluation                          $ _______/Each

2022-2023 Rates

                + __________%                      - ___________%          No change ___________

2023-2024 Rates

                + __________%                      - ___________%          No change ___________

2024-2025 Rates

                + __________%                      - ___________%          No change ___________

2025-2026 Rates

                + __________%                      - ___________%          No change ___________
BID FORM
                                                                                        PAGE 2 of 3

NOTE:

      1.      It is the City’s intent to award a 5-year contract. The city does reserve the right to
award one or more consecutive years up to 5 in total.

Submitted By: __________________________________________________________________

In the interest of expediting the award of this Contract, the Bidder shall be required to show that he
had performed work similar to that included under the proposed contract for which this Proposal is
offered.

Name of Bidder: ____________________________________________________

Signature: ________________________________________________________

Title of Signer: ____________________________________________________

Business Address of Bidder: _________________________________________

                             _________________________________________

                             _________________________________________

Telephone No.: __________________________

Email Address: __________________________

Dated and signed this __________________ day of _________________ , 2021
BID FORM
                                                                                        PAGE 3 of 3

LEGAL STATUS OF BIDDER:

____   A Corporation duly organized and doing business under the laws of the State of Michigan, for
       whom __________________________, bearing the official title of ____________________,
       whose signature is affixed to this proposal is duly authorized to execute contracts.

____   A Partnership, all of the members of which with addresses are:
       __________________________________________________________________________

       __________________________________________________________________________

       __________________________________________________________________________

       __________________________________________________________________________

____   An Individual, whose signature is affixed to this Proposal

       __________________________________________________________________________

       __________________________________________________________________________

       __________________________________________________________________________

       __________________________________________________________________________

(The Bidder shall mark an “X” and fill out the appropriate form as necessary.)
CONTRACT
                                                                                       C.1

                                           CONTRACT

1. THIS AGREEMENT, made as of the ___day of ______, 2021 by and between the City
of St. Clair Shores, 27600 Jefferson Circle Drive, St. Clair Shores, Michigan 48081,
hereinafter called the OWNER, and ___________________________, hereinafter call the
CONTRACTOR WITNESSETH, That whereas the OWNER intends to enter into contract
with the OWNER to provide services for the 2021-2025 MOWING / WEED CONTROL
PROGRAM, hereinafter called the PROJECT, in accordance with the Specifications and
other Contract Documents.

NOW, THEREFORE, The OWNER and CONTRACTOR for the considerations hereinafter
set forth, agree as follows:

2. CONTRACTOR AGREES to furnish all the necessary labor, materials, equipment,
tools and services necessary to perform and complete in a workmanlike manner all work
required for the construction of the Project, in strict compliance with the Contract Documents
herein mentioned, which are hereby made a part of the Contract, including the following
Addenda:

                 Addendum No.                               Dated

                 ____________                             ____________

                 ____________                             ____________

                 ____________                             ____________

                 ____________                             ____________

3.   THE CONTRACTOR FURTHER AGREES:

     a. Contract Time: Work under this Agreement shall be commenced upon written
        notice to proceed, and shall expire on June 30, 2022.

     b. Sub-Contractors: The Contractor agrees to bind every sub-contractor by the terms
        of the Contract Documents. The Contract Documents shall not be construed as
        creating any contractual relation between any sub-contractor and the Owner.

4.   THE OWNER AGREES to pay, and the Contractor agrees to accept, payment in
     accordance with the provisions of the Contract Documents.
CONTRACT
                                                                                    C.2

5.   SUCCESSORS AND ASSIGNS: This Agreement and all of the covenants hereof shall
     insure to the benefit of and be binding upon the Owner and the Contractor respectively
     and his partners, successors, assigns and legal representatives. Neither the Owner
     nor the Contractor shall have the right to assign, transfer or sublet his interests or
     obligations hereunder without written consent of the other party.

6.   IN WITNESS WHEREOF, the parties have made and executed this Agreement, the
     day and year first above written.

WITNESS:                                       OWNER: City of St. Clair Shores

_____________________________                  _______________________________
                                               Matthew W. Coppler, City Manager

_____________________________                  _______________________________
                                               Mary Kotowski, City Clerk

                                               CONTRACTOR:

_____________________________                  BY: ____________________________

_____________________________                  BY: ____________________________

                                               PHONE:(        ) __________________
Approved for signature:

_________________________________
Owner Attorney/Authorized Representative

Contract awarded by the Owner on this ______day of __________________, _______.
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