10-13-23 PROJECT MANUAL FOR BIDDING.pdf

PROJECT MANUAL

and

SPECIFICATIONS

for

STODDARD PARK RENOVATIONS

BID DUE: Friday, October 27, 2023, 11:00 am

CITY OF EAST LANSING

410 ABBOT RD., EAST LANSING, MICHIGAN 48823

TABLE OF CONTENTS

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Section Page

Advertisement for Bids i

Instruction to Bidders ii thru vi

Scope of Work vii

Proposal and Contract Forms P-1 thru P-8

General Conditions GC-1 thru GC-13

Community Development Block Grant Supplemental Conditions CD-1 thru CD-5

General Construction Specifications GS-1 thru GS-8

Road and Sidewalk Construction Specifications RC-1

Technical Specifications TS-1

Community Development Block Grant Requirements Appendix A i

ADVERTISEMENT FOR BIDS

STODDARD PARK RENOVATION PROJECT

410 ABBOT ROAD

EAST LANSING, MICHIGAN 48823

Sealed proposals will be received by the City of East Lansing at the Office of the Director of Parks and

Recreation, up to 11:00 AM., Friday October 27, 2023, at which time and place proposals will be publicly opened and read for the furnishing of materials, labor and equipment for the Stoddard Park

Renovation project located at 343 Stoddard Ave. and includes concrete paving, concrete curbing, playground equipment and surfacing, dog agility course equipment and surfacing, landscaping, and site furnishings as depicted on the plans.

Proposals may either be mailed to the Director of Parks and Recreation at 410 Abbot Road, East Lansing, Michigan 48823 or hand delivered to the Office of the Director of Parks and Recreation located at 410

Abbot Road, East Lansing, Michigan.

Bidding Documents may be obtained through the Michigan Inter-governmental Trade Network (MITN) purchasing Group through the following website: https://www.bidnetdirect.com/mitn. Plans will be available to view, purchase or download from Bidnet as part of the Michigan MITN System. Registration to MITN is available through their toll free support department at 1-800-835-4603 option #2 and the above website.

Proposals must be accompanied by a certified check, cashier's check or bid bond payable to the City of

East Lansing, in the amount of not less than five percent (5%) of the bid amount, which shall be forfeited to the City of East Lansing if the bidder to whom the Contract is awarded fails to enter into a Contract within ten (10) days after the Contract is awarded. The unsuccessful bidders' checks or bid bonds will be returned upon final award of Contract, approved and executed.

A mandatory Pre-Bid meeting will be held on Thursday, October 19th, 2023, at 2:30 pm at Stoddard

Park, 343 Stoddard Avenue, East Lansing, MI 488223.

Prevailing wages are required for this project. Current prevailing wage rates can be obtained from the following link: http://www.wdol.gov/wdol/scafiles/davisbacon/mi.html. The project is located in Ingham

County.

The City will apply its Local Purchasing Preference Policy, Policy Resolution 2009-3, in making the award of this contract.

The City of East Lansing reserves the right to reject any or all proposals, to waive defects in proposals, and to make the award in its own best interest.

By: Marie Wicks

Interim City Clerk

INSTRUCTION TO BIDDERS

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1. GENDER EQUITY: These Contract Documents are non-gender specific. The use of his or her anywhere within these documents shall be completely interchangeable and shall mean the same. The use of his or her shall have no bearing regarding the sex of the bidders, contractors, subcontractors, suppliers, or other persons associated with this contract.

2. EXAMINATION OF CONTRACT DOCUMENTS AND SITE: Before submitting his Bid, each Bidder must (a) examine the Contract Documents thoroughly; (b) familiarize himself with federal, state, and local laws, ordinances, rules and regulations affecting performance of the work; and (c) carefully correlate his observations with the requirements of the Contract Documents.

The bidder shall be responsible for investigating and evaluating subsurface or latent physical conditions along the site of the work. Where information concerning existing conditions, including subsurface conditions, is provided or mentioned in the Contract

Documents, such information is provided for the convenience of the bidder and to provide the bidder information known by the City of East Lansing. However, the City does not represent or guarantee any specific site conditions, including subsurface conditions. The bidder shall be solely responsible for all necessary site investigations to insure the proposal is based on conditions which exist in and adjacent to the project site.

All questions about the meaning or intent of any ambiguity, or any inconsistency, discrepancy, omission or error in the Contract Documents shall be submitted to the

Engineer. Replies will be issued by Addenda mailed or delivered to all parties recorded by the Engineer as having received the Bidding Documents. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with and understands every requirement of these instructions.

Failure or omission of the Bidder to do all of the foregoing shall in no way relieve the

Bidder from any obligations in respect to his Bid.

3. BASIS OF PROPOSAL: Lump Sum: The basis of proposal for this project is a lump sum bid. Unit prices are provided for the purpose of information and use for any adjustments in project scope as may be needed. The City reserves the right to increase or decrease any or all the proposed quantities. The quantities listed in the Proposal may be approximate and are stated solely to provide a uniform base of calculation for comparison of bids and award of contract. No guarantee is made by the owner that the actual quantities will correspond with the proposed quantities. The Contract will be paid for the actual amount of work completed and accepted by the City and at the Unit Prices stated by the Contractor in their original proposal. Federal Community Development Block

Grant requirements, as described in Appendix A, shall apply to all work covered by this contract.

iii

4. PRECEDENCE OF CONTRACT DOCUMENTS: In the event that any variance should arise between the Standard Specifications, Special Conditions, or the Construction

Drawings the order of precedence will be:

First Authority - Special Conditions

Second Authority - Construction Drawings

Third Authority - Standard Specifications

5. PREPARATION OF BID: The required bidding forms, labeled Proposal and

Contract, are included in the Project Manual and Specifications as part of the Contract

Documents. All bids must be made on the required forms prepared and executed fully and properly including the “Declaration of Contractor” clause. A price must be given for each item in that portion of the Project being bid. The proposed prices and amounts are for furnishing all labor, materials, equipment, tools, and services required to complete the work in accordance with the Contract Documents. Proposals shall be made in duplicate on the Proposal and Contract forms provided and must be submitted with the entire

Project Manual and Specifications attached. When applicable, each Bidder shall acknowledge receipt of all Addenda issued for the Proposal by signing the form submitted with each Addendum and attaching said form to the front of the Project

Manual and Specifications and submitting it with his bid. Failure of a Bidder to acknowledge receipt of any and all Addenda may result in the rejection of the Bid.

6. SIGNATURES: All bids, notifications, claims and statements must be signed as follows:

a. Corporations: Signature of official shall be accompanied by a certified copy of the Resolution of the Board of Directors authorizing the official signing to bind the corporation.

b. Partnerships: Signature of one partner shall be accompanied by a certified copy of the Power of Attorney authorizing the individual signing to bind all partners. If bid is signed by all partners, no authorization for signature is required.

c. Individual: No authorization for signature is needed.

All names must be typed or printed below the signature. Each signature must be witnessed.

7. BID GUARANTEE: Each proposal shall be accompanied by a certified check, cashier's check or bid bond on an open, solvent Michigan bank in the amount of five percent (5%) of the base bid, payable to the City of East Lansing as a guarantee of good faith. If the successful bidder fails to furnish satisfactory bonds and insurance within ten (10) days after notice of award, such guarantee shall be forfeited to the City as liquidated damages.

The guarantees of the three lowest bidders will be retained until the bonds and insurance of the Contractor have been approved by the City. The bid guarantees of all other bidders will be returned within ten days after the bid opening.

iv

8. SUBMISSION: Submit proposals in a sealed envelope labeled "Sealed bid" and marked with the project name and bidder identification. Proposals must be received by the

Department of Public Works, not later than the time specified, at which time and place the proposals will be publicly opened and read aloud. The Proposal may either be mailed, or hand delivered to the Director of Parks, Recreation and Arts, at City of East

Lansing, 410 Abbot Road, East Lansing, Michigan 48823. It is the sole responsibility of the Bidder to see that his proposal is received in proper time. Any proposal received after the scheduled closing time for receipt of proposals shall be returned to the Bidder unopened.

9. BID OPENING: Bids will be opened in public and read aloud at the place and time set for the opening in the Advertisement. Late bids will not be considered. The contents of accepted bids will be released to all bidders and others having a legitimate interest as determined by the city. No bidder may withdraw a bid after the opening for a minimum period of sixty (60) days without forfeiting his Bid Guarantee.

10. COMPETENCY OF BIDDERS: Upon the request of the City, Bidders shall be prepared to furnish sufficient evidence as to their qualifications to perform the project work, such as record of past performances including references, equipment and personnel available, and such other pertinent and material facts as may be desirable. Furthermore, upon the request of the City, the Bidder shall submit financial statements.

In addition, the successful bidder will be required to obtain bonding and insurance with sureties acceptable to the City. Said bonds shall be Performance Bond and Labor and

Material Bond, both in the amount of 100 percent (100%) of the Contract bid amount and a Maintenance and Guarantee Bond in the amount of 50 percent (50%) of the Contract bid amount. Said insurances shall include workers compensation and employer liability, automobile liability, contractor’s public liability and owner’s protective liability which shall indemnify the City of East Lansing for actions of the Contractor. The bonding and insurance requirements are discussed further in the General Conditions of this Proposal package.

11. REJECTION OF BIDS: The City reserves the right to reject any or all bids and to waive any defects in bids. The reason(s) for the disqualification of a bidder and the rejection of his proposal may include, but are not limited to, the following:

a. More than one proposal for the same work from an individual, firm, partnership, or corporation under the same or different names.

b. Evidence of collusion among bidders.

c. Unbalanced proposals in which the prices for some items are substantially out of proportion to the price of other items.

d. Failure to submit a unit price or lump sum for each item of work listed in the proposal.

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e. Lack of competency as revealed by financial statement or experience record.

f. Unsatisfactory performance record as shown by past work judged from the standpoint of workmanship and progress.

g. Uncompleted work which, in the judgment of the City, might hinder or prevent the prompt completion of additional work.

h. Involvement in any way in which there could be a conflict of interest such as kick backs and gratuities.

i. If the proposal is on a form other than that furnished herein, or if the form is altered or any part thereof is detached.

j. If there are unauthorized additions, conditional or alternate bids, or irregularities of any kind which may tend to make the proposal incomplete, indefinite, or ambiguous as to its meaning.

k. If the bidder adds any provisions reserving the right to accept or reject an award, or to enter into a Contract pursuant to an award.

12. CONTRACT: It is agreed that this Proposal shall be a continuing offer on the part of the Contractor until it is accepted or rejected by the City, provided, however, that the

Contractor executes and delivers this proposal on condition that it may not be withdrawn within a period of sixty (60) days from the date the proposals are publicly opened, as herein specified, or from any adjourned date for the opening thereof. It is further agreed that this proposal may be accepted by the City by the execution hereof by its proper officers and thereafter this proposal shall be a completed Contract between the parties.

13. NOTIFICATION OF AWARD AND CONTRACT EXECUTION: Upon acceptance by the City, the successful bidder will be notified of award in writing and shall within ten

(10) days thereafter furnish the required insurance and bonds. The City within ten (10) days of receipt of acceptable bonds and insurance certificates shall sign the Proposal and return to the successful bidder a signed duplicate which shall constitute the Contract between the City and the Contractor.

14. LOCAL PURCHASING PREFERENCE: The City of East Lansing seeks to encourage local and regional vendors to provide goods and services to the City’s government and citizens. Therefore, the City has adopted Policy Resolution 2009-3 to establish a provision for local purchasing preference.

To qualify for the Local Purchasing Preference, a bidder must submit proof they operate a business within the legally defined boundaries of the city of East Lansing to qualify as a registered local vendor (RLV) or within the Lansing metropolitan statistical area or region (Ingham, Clinton, and Eaton counties) to qualify as a registered regional vendor vi

(RRV). A bidder/potential vendor who wishes to be considered as an RLV/RRV may either pre-qualify as such by filing a completed city vendor information form and W-9 that identifies a verifiable physical business address (not a P.O. Box) at which the business is conducted with the City Finance Director or submit such information as part of the formal bid submission. A copy of Policy Resolution 2009-3 and the City Vendor

Information Form may be obtained from the City Finance Department.

A bidder will not qualify as a registered vendor if they have delinquent local personal property taxes, outstanding liens, fees, debts, unpaid fines or pending violations with the

City.

A Registered local vendor (RLV) who submits a responsive bid or proposal which is within 7.5% of the lowest responsive bid/proposal shall be given the opportunity to reduce its bid to meet the lowest responsive bid/proposal and upon doing so, shall be considered to be the lowest responsive bid/proposal, provided however, that the initial lowest responsive bid proposal is not from another RLV.

A Registered regional vendor (RRV) who submits a responsive bid or proposal which is within 5% of the lowest responsive bid/proposal shall be given the opportunity to reduce its bid to meet the lowest responsive bid/proposal and upon doing so, shall be considered to be the lowest responsive bid/proposal, provided however, that the initial lowest responsive bid/proposal is not from a RLV or another RRV.

Preference will also be given to vendors located within the state of Michigan boundaries, wherever possible, practical, and cost effective.

SCOPE OF WORK

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The work under this Contract shall be done in accordance with the Contract Documents and Construction Plans and shall generally include: concrete paving, concrete curbing, playground equipment and surfacing, dog agility course equipment and surfacing, landscaping, water service extension for a drinking fountain, and site furnishings. The project also includes traffic control, cleanup and restoration and all incidental work necessary to complete the project and provide a functional system.

PROPOSAL AND CONTRACT

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Item Page

Bid Documents P-2 thru P-4

Acknowledgement of Special Directives P-5

Declaration of Contractor P-6

Contract Time and Liquidated Damages P-7 thru P-8

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BIDDERS

SEE INSTRUCTIONS TO

BIDDERS AND GENERAL

CONDITIONS WITHIN THESE

SPECIFICATIONS.

For examination of premises and working conditions, contact:

DIRECTOR OF PARKS,

RECREATION AND ARTS

410 Abbot Road, East Lansing, Michigan 48823, ph (517) 319-

Opening Date: 11:00 AM.

Friday, October 27, 2023

410 Abbot Road East Lansing, MI. 48823

Proposal: We propose to furnish all labor, materials, equipment, tools and services required to complete the work in accordance with the specifications and conditions contained herein in consideration of the sum or sums stated below and agree that this document will constitute the Contract if accepted by the City.

We will commence work within days following Contract Award.

Proj. No.: WS0005

Acc't. Name: Stoddard Park Renovations

Subject: concrete paving, curbing, playground equipment and surfacing, dog agility park equipment and surfacing, landscaping, site furnishings, and water service line extension.

Firm Name: ________________________________________________________________ Date: ______________________

Complete Address: ________________________________________________________________________________________

Bidder’s Signature: ______________________________________________ Title: __________________________________

Witness’s Signature: _____________________________________________

Acceptance: This proposal is accepted by the City of East Lansing.

Approved as to Form: City Attorney, Date:__________________.

Certified as to Sufficiency of Funds: Chief Financial Officer, Date .

City Manager Signature: __________________________________________ Date:____________________________________

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PROPOSAL SUMS

BASE PROPOSAL

We the undersigned, propose to furnish all labor, materials, and facilities for the completion of the General Construction Contract (including Architectural Work), for the above-named project in accordance with Drawings and Specifications and all Addenda (if applicable), for the sum of:

The work will be substantially completed in _____ consecutive calendar days.

ADDENDA

We acknowledge the receipt of the following Addenda to Drawings and Specifications:

Addendum No. __________________ Addendum No._________________

FEE FOR HANDLING ADDITIONAL WORK

For handling additional work performed upon instructions of the Owner by subcontractors of the undersigned, add to the subcontractor’s prices for the additional work a fee of _______________%, which shall include all of the undersigned's charges.

For additional work (other than that of subcontractors of the undersigned) performed upon instructions of the Owner, add to the actual cost of all labor and materials, including insurance and taxes (less all discounts) a fee of ________% which percentage includes all charges for overhead and profit.

SUBSTITUTIONS

Proposed substitutions and/or alternative manufactures shall be submitted to Project Engineer no later than seven (7) days prior to the bid opening for and will only be considered if approval is received in writing by the Project Engineer.

Name of Manufacturer/Product Substitution Date of Approval

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UNIT PRICING

The following unit prices will be used to determine the cost for work that is not inclusive or a part of the base bid for unknown items which may be incorporated into the Contract Price by way of a Change Order as determined by the Owner’s Representative. Until prices will be used to determine the amount to be added, or deducted from, the bid price for minor adjustments to the specified scope of work. Unit prices shall be provided in accordance with the materials and procedures specified (including labor, material, overhead, profit and taxes) to provide the following:

ITEM

UNIT PRICE

1. Supply and install concrete paving.

2. Supply and install concrete curbing.

3. Supply and install 5’ tall PC coated chain link fence

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ACKNOWLEDGEMENT OF SPECIAL DIRECTIVES

The City of East Lansing, by policy, has several special directives and preferences for contractors. By completing this acknowledgement, the Proposer attests that they are familiar with the directives identified below and that the information provided is true, accurate, and complete.

Yes No N/A

Firm is a minority owned business � � �

Firm is a small business � � �

Firm is a woma(e)n owned business � � �

Firm provides benefits to employees � � � If yes, are benefits offered to other eligible individuals (i.e. domestic partners) � � �

Local Purchasing Policy (indicate only one)

The physical location of Company offices is:

within the City of East Lansing � � � within Ingham, Eaton or Clinton Counties � � �

Other � � �

Craftsmen, mechanics or laborers who are employed receive at least the prevailing wages and fringe benefits of the Building Trades Department for classes as determined by the US

Department of Labor for the Ingham County area. � � �

Does Firm provide for any of the following environmentally preferable purchasing practices:

Employ green fleet practices � � �

Promote recycling and use of recycled or recyclable products � � �

Employ alternative, sustainable or clean energy practices � � �

Design for environmental sustainability � � � Other If answered yes to any of the items above, please describe below:

Signature of person completing form Title

Printed Name Date

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DECLARATION OF CONTRACTOR

The undersigned, as Bidder, hereby declares this bid is made in good faith, without fraud or collusion with any person bidding, and that the plans, specifications, and other information referenced in the Instruction to Bidders has been examined. The Bidder confirms that he/she is familiar with the location of the work described and is fully informed as to the nature of the work and the conditions relating to its performance.

The Bidder acknowledges that all information provided by the City regarding the site conditions have been provided as a matter of convenience to all bidders and understands that the City makes no warranties or representations of any nature whatsoever regarding such conditions, including subsoil conditions. The Bidder acknowledges that he/she has not relied upon any representations from the City, its agents or employees, as to any conditions to be encountered in accomplishing the work, including subsoil conditions, and that the bid is based solely upon the Bidder’s own independent judgment.

The Bidder certifies that the Plans and Specifications have been examined, and that he/she has reviewed the proposed construction methods and finds them compatible with the site conditions which he anticipates based upon his investigation of this project.

The Bidder shall complete the work under any job or field condition which is present or is encountered and he shall complete the work under whatever conditions exist, whether or not he anticipated those site conditions.

Signed, BIDDER

Appendix A of this proposal describes federal requirements for projects funded with Community Development Block Grant monies. Among these requirements is the goal of encouraging minority business participation in the project work. In this regard, if the bidder is not a minority contractor, the bidder is requested to list the names of minority businesses that have been contacted to perform project work as a subcontractor.

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CONTRACT TIME AND LIQUIDATED DAMAGES

1. TIME: Time is and shall be considered of the essence of the Contract. If the

Contractor fails to complete the work on or before the completion date, liquidated damages will be assessed as stated below.

2. DELAYS: Delays shall be separated into three (3) categories as follows:

Category A - Delays for which the Contractor is responsible.

Category B - Delays for which the Contractor is not responsible.

Category C - Delays caused by adverse weather conditions, such as heavy rain, extreme cold, snow, etc.

The Contractor will not be eligible to request an extension of the contract completion date based on delays falling into Category A above.

Delays for which the Contractor is not responsible, Category B, shall include delays caused by Acts of Providence, or by general strikes, or by court injunction, or by stopping of the work by the City because of any emergency or public necessity, or by reason of alterations ordered by the City. Delays falling into Category B shall in no way affect the validity of the contract, but the time limitation of the project or contract shall be extended by the same amount of time as such delay may cause to be lost; provided, however, that formal claim for such extension shall be made in writing by the Contractor within one week after the date upon which such alleged delay shall have occurred.

The Contractor may request an extension of an individual project or the contract completion date for delays falling into Category C above, subject to the following conditions:

The Contractor shall schedule the progress of the project work based on the premise that adverse weather conditions will result in the loss of one workday, excluding Saturdays and Sundays, per week. If, during the specified contract completion period, the Contractor is prevented from working on the project because of adverse weather conditions in excess of the average of one workday per week, the Contractor may request an extension of the contract completion date based on the difference between the actual workdays lost and the number of weeks allowed for completion of the project work.

3. REQUEST FOR TIME EXTENSION: Requests for extension of time shall be filed by the Contractor with the Engineer. The request shall be in writing and state the reasons for the extension. In any case the request for extension of time shall be filed within one week (7 calendar days) following the occurrence of the delay for which the time extension is requested. Failure to notify the Engineer as provided herein may constitute a waiver of claim for an extension of time. The Engineer may approve or deny the extension of time request. Approved time extensions will be granted in writing. Any

-P-8-contract time, as extended, shall thereafter be binding upon the Contractor and Surety as if they appeared in the Contract, originally.

4. LIQUIDATED DAMAGES: Should the work under this Contract not be finished within the time specified in the original Contract or by approved time extensions for reasons outlined herein, it is agreed that there may be deducted by the City from the final certificate to the Contractor, a sum computed at the rate of Two-Hundred Fifty Dollars ($250.00) per calendar day for each and every calendar day beginning the day following the scheduled date of completion and continuing until the date of final acceptance of the work. Said sum of Two-Hundred Fifty Dollars ($250.00) per day, in view of the difficulty of estimating such damages with exactness, is hereby expressly fixed, and agreed upon as the damages which will be suffered by the City for reason of such defaults.

It is understood that the above deduction of Two-Hundred Fifty Dollars ($250.00) per day, is not a penalty, but money due to be treated as liquidated damages.

5. STARTING DATE: Unless otherwise stated herein or unless otherwise agreed upon by the Contractor and City, the Contractor shall commence work within ten (10) days of receiving notification that the project Contract has been signed by the City.

The starting date for this project shall be within 10 days of notification, but not before

November 15, 2023, unless otherwise approved by the Engineer.

6. COMPLETION DATE: The completion date for this project shall be August 1, 2024.

GENERAL CONDITIONS

GC-1

Item Page

1. Definitions GC-3

2. Contract Documents GC-3

3. Errors, Conflicts and Omissions GC-3

4. Contractor’s Responsibilities GC-4

5. Independent Contractors GC-4

6. Subcontracts GC-4

7. Royalties, Patents, Notices and Fees GC-4

8. Acceptance of Conditions GC-5

9. Working Conditions GC-5

10. Materials and Workmanship GC-5

11. Superintendents and Employees GC-5

12. Other Contracts GC-6

13. Protection and Safety GC-6

14. Insurance and Indemnification GC-7

15. Limitation of Liability GC-8

16. Bonds GC-8

17. Changes and Change Orders GC-9

18. Inspection GC-9

19. Termination for Breach GC-9

20. City's Right to Complete GC-10

21. Payment GC-10

22. Guarantee GC-11

23. Final Inspection, Acceptance and Payment GC-11

24. No Waiver of Contract GC-11

25. Criminal Background Investigation Requirement GC-11

26. Fair Employment Practices Act GC-12

27. East Lansing Civil Rights Ordinance GC-12

28. Prevailing Wage Policy GC-12

GC-2

29. Sanitary Facilities GC-13

30. Estimated Quantities GC-13

31. Contractor Privately Bid Work GC-13

GC-3

1. DEFINITIONS:

"City" - City of East Lansing, Michigan.

"Manager" - City Manager of East Lansing or his/her authorized representative.

"Engineer" - City Engineer of East Lansing or his/her authorized representative.

"Contractor" - The Bidder whose proposal is accepted by the City.

"Notification" - Written notice delivered in person or by mail.

"Contract Documents" - Contract Documents shall include the Proposal and Contract form, the Project Manual and Specifications, all Addenda and Change Orders, and all Plans and Drawings.

2. CONTRACT DOCUMENTS: The work under this Contract shall consist of the items listed in the Proposal, including all incidental items necessary to fully complete the project in accordance with the Contract Documents. The Contract Documents shall consist of the Advertisement for Bids, Instruction to Bidders, Proposal, General Conditions, Technical Specifications, Special Conditions, Bonds, Contract and Construction Drawings, and all attachments, addenda and exhibits to the foregoing, and all easements, permits and other documents with which the Contractor must comply in performing the work hereunder. The intent of the Contract Documents is to include in the contract price the cost of all labor and materials, water, fuel, tools, plant, equipment, light, transportation, and all other expenses as may be necessary for the proper execution and completion of the work.

The original specifications, supplementary specifications and drawings constitute the documents according to which the work is to be done. The Contractor shall keep at the site of the work an approved copy of all specifications and drawings and shall at all times give the Engineer and his agents access thereto. If in any case there shall be a question or dispute as to the meaning of the specifications or the drawings, the Engineer shall decide the true intent of the Documents.

3. ERRORS, CONFLICTS AND OMISSIONS: The intent of the Contract Documents is to provide everything necessary for the proper execution of the work. However, no work shall be done under conditions which may be expected to result in defective work. If the Contractor wishes to question the materials prescribed or the site conditions, he shall immediately notify the Engineer. The Engineer shall review these conditions, and if deemed necessary, shall direct changes to be made in design or construction procedures before work is continued. The Contractor shall not be allowed to take advantage of any error, conflict or omission, as full instructions will be issued by the Engineer, and the Contractor shall carry out such instructions as if originally specified. In case of conflict, the work shall not proceed until a decision has been agreed upon by all parties concerned. Any work done by the Contractor after discovery of an error, omission or conflict until authorized, will be at the Contractor’s risk and responsibility and without additional compensation to the Contractor.

GC-4

4. CONTRACTOR’S RESPONSIBILITIES: The Contractor shall assume full responsibility for the work and take all precautions for preventing injuries to persons and property on or about the work. The Contractor shall assume the defense of and save harmless the City and its individual officers and agents from all claims relating to labor provided and materials furnished for the work; to injuries to any persons or property received or sustained by or from the Contractor, his agents or employees in doing the work or arising out of the work performed or to be performed; and to any act, or neglect of the Contractor, his agents or employees. The mention of any specific duty or liability of the Contractor in this or any part of the Contract Documents shall not be construed as a limitation or restriction upon any general liability or duty imposed on the Contractor by the Contract Documents.

The Contractor shall bear all losses resulting to him on account of the amount or character of the work or because the conditions under which the work is done are different, or because the nature of the ground in which the work is done is different from what was estimated or expected, or on account of the weather, flood, elements, or other causes.

5. INDEPENDENT CONTRACTORS: The parties agree that the Contractor is an independent contractor as that term is commonly used and Contractor’s employees are not and shall not be considered subcontractors or employees of the City and has no authority to bind the City in any manner. Contractor shall be solely responsible for the withholding and reporting of all federal, state, and local income and employment taxes. Contractor acknowledges that it is not insured in any manner through the City for any bodily injury or property loss whatsoever

6. SUBCONTRACTS: The Contractor shall not sublet, assign, or transfer this Contract or any portion thereof or any payments for work completed, without the consent of the City.

Assignment or subletting any portion of this Contract shall not release the Contractor or the Contractor’s bonding company from any Contract obligations. The Contractor shall as soon as practicable after the signing of the Contract, notify the Engineer of the names of any subcontractors. The City reserves the right to prohibit the use of any subcontractor which it may consider as being unacceptable. The provisions of this Contract shall apply to all Subcontractors employed by the Contractor and their officers and employees in all respects as if it and they were employees of the Contractor, and the Contractor shall not be relieved from the obligations and liabilities described or required by the project plans, specifications and proposal. The work and materials furnished by Subcontractors shall be subject to the same provisions as if furnished by the Contractor. See page GC-5 (Superintendents and Employees) for additional requirements.

7. ROYALTIES, PATENTS, NOTICES, AND FEES: Contractor shall give all notices and pay all royalties and fees. He shall defend all suits or claims for infringement of any patent rights and shall save the City harmless from loss on account thereof. He shall comply with all laws, ordinances and codes applicable to any portion of the work.

In the event any claim, suit or action at law or in equity of any kind, whatsoever, is brought against the City, involving such patents or license rights, then the City shall have the right to, GC-5 and may, retain from any monies due to or to become due to the Contractor, such sufficient sum as is considered necessary to protect the City against loss, and such sum may be retained by the City until such claim or suit shall have been settled and satisfactory evidence to that effect shall have been furnished to the City.

8. ACCEPTANCE OF CONDITIONS: If any part of the Contractor's work depends, for proper results, upon existing work or the work of another contractor, the Contractor shall notify the City Engineer before commencing work of any defects that will affect the results.

Failure to notify will constitute his acceptance of the conditions.

9. WORKING CONDITIONS: The Contractor shall at all times conduct, and cause all its agents, employees and sub-contractors to conduct all work in accordance with all applicable State and Federal laws and City ordinances and with minimum possible interference with the proper functioning of the activities of the City. The Contractor shall secure, at no cost to the City, all permits and licenses necessary for the prosecution of the work. Materials, tools, etc., shall be confined so as not to unduly encumber the premises. The Contractor shall be held to have visited the site and checked with the authorities the working conditions and the methods of carrying out the work and to have included in his proposal all costs for meeting such working conditions.

10. MATERIALS AND WORKMANSHIP: Unless otherwise specified, all materials and workmanship shall be new and of the best grade of their respective kinds for the purpose. In certain instances specific articles and materials are specified in order to maintain compatibility with existing City materials. However, it is generally not the intent of these specifications to limit competition. Therefore, except in those instances where brand named materials are specifically required, a substitute of equal qualification may be supplied for articles, materials or equipment specified by name in these documents, upon the written approval of the City Engineer. The Engineer’s decision will be final as to whether the materials or equipment offered are equal to those specified.

If not otherwise provided, material or work called for in this Contract shall be furnished and performed in accordance with well-established practices and standards recognized by architects, engineers and contractors. The Contractor shall furnish suitable tools and employ competent labor to perform the work to be done, and any labor or tools that shall not in the judgment of the Engineer, be suitable or competent to produce this result may be ordered from the work site by the Engineer, and such labor or tools shall be substituted therefore by the Contractor as will meet with the approval of the Engineer.

11. SUPERINTENDENTS AND EMPLOYEES: Contractor shall enforce good order among his employees and shall not employ on the work any disorderly, intemperate or unfit person or anyone not skilled in the work assigned to him. There shall be no consumption of alcoholic beverages or other illegal drugs by any of the Contractor’s employees within the vicinity of the construction site, said vicinity to be at the discretion of the Engineer.

Whenever the Engineer shall notify the Contractor that any employee on the work is, in the Engineer’s opinion, careless, incompetent, disorderly, or otherwise unsatisfactory, such

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employee shall be discharged from work and shall not again be employed on the site except with the consent of the Engineer.

The Contractor shall at all times keep on the site of the work a competent superintendent and any and all foremen and assistants. The superintendent shall have authority to act for the Contractor. He shall have the plans and specifications available on the site at all times. Any and all directions given to the superintendent shall be binding as if given to the Contractor.

12. OTHER CONTRACTS: The City may perform other work related to the Project at the site by the City’s own forces, have other work performed by utility companies or let other contracts in connection with the work and the Contractor shall properly connect and coordinate his work with the work of all other such work. The Contractor shall afford to all other parties working in the area at the City’s direction, proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work, and shall properly connect and coordinate the additional work with his. The Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only alter other work with written consent of the Engineer and the others whose work will be affected. Should the work of others interfere with that of the Contractor, the Engineer shall decide which party shall cease work for the time being or whether the work of all parties shall continue at the same time and in what manner. The duties and responsibilities under this paragraph shall also apply to all City forces, outside utility work forces and other contractors working for the City within the Project area.

If any part of the Contractor’s work depends for proper execution or results upon the work of other outside forces, the Contractor shall inspect and promptly report to the Engineer any delays, defects or deficiencies in such work that render it unavailable or unsuitable for proper execution and results. The Contractor’s failure to so report will constitute an acceptance of the other work as fit and proper for integration with the Contractor’s work. The City shall not be liable for any damages or increased costs occasioned by the failure of other contractors to execute their work as may be anticipated by these documents.

13. PROTECTION AND SAFETY: Contractor shall properly protect all new and existing work from damage and shall protect all public property and private abutting property from injury or loss arising in connection with this Contract. The Contractor shall without delay make good any such damage, injury or loss, and shall defend and save the City harmless from all such damages or injuries occurring because of this work. The Contractor shall furnish and maintain all passageways, barricades, guard fences, lights, and danger signals, provide watchmen and other facilities for protection required by public authority or by local conditions or as directed by the Engineer, all at no additional cost to the City. The Contractor shall assume full responsibility for loss or damage to the work during the entire construction period from all causes whatsoever not directly due to the acts or neglect of the City. For the purposes of this section the decision of the Engineer, with respect to existing conditions and for the need for corrective action by the Contractor, shall be final.

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Proper safety provisions, in accordance with MIOSHA rules and regulations, shall be adhered to at all times by the Contractor for the protection of all persons and property. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work being performed under this Contract.

The Contractor shall designate a responsible member of the Contractor’s organization at the site whose duties shall include the prevention of accidents. This person shall be the site superintendent unless otherwise designated by the Contractor and approved by the City.

14. INSURANCE AND INDEMNIFICATION: The Contractor shall, during the entire term of this agreement, maintain in full force and affect the following:

(1) Workers Compensation and Employers Liability Insurance for all employees employed in connection with the work.

(2) Automobile Liability Insurance.

(3) Contractor's Public Liability Insurance.

(4) Insurance that shall indemnify the City of East Lansing as stated below (Owner's

Protective Liability Policy).

The limits of liability to be provided in each liability insurance policy shall not be less than $1,000,000 for injuries, including accidental death, to any one person, and subject to the same limit for each person, not less than $2,000,000 for any one accident involving two or more persons; and property damage liability insurance shall not be less than $1,000,000, for any one accident and not less than $2,000,000 aggregate. Automobile Liability Insurance shall provide property damage and public liability insurance of not less than $1,000,000 combined single limit each covering all motor vehicles which are used in connection with the work in any way or place whatsoever.

Should all or any part of the Contract be sublet, Contractor shall, in addition to the foregoing insurance, maintain Contractor's Protective Liability Insurance in an amount not less than $1,000,000 for injuries, including accidental death, to any one person, and subject to the same limit for each person, not less than $2,000,000 for any one accident involving two or more persons.

The Contractor shall procure and shall maintain during the life of this Contract, insurance naming the City as an additional named insured and provide the City with a Certificate of Insurance that shall then and thereafter indemnify, protect and hold harmless the City of East Lansing, its elected and appointed officers, employees, servants and agents from any and all claims or threats of claims, damages, losses, expenses (including reasonable attorney fees and other costs of defense), liability, judgment, liens or damage of any kind whatsoever including injury, death or damage to property and claims of liens or other claims of workmen or materialmen, howsoever caused, resulting directly or indirectly from the performance of this Contract or arising out of or in connection with or arising out of the acts or omissions of Contractor, Contractor's officers, employees, servants or agents howsoever caused, while said Contractor, Subcontractor or its respective officers, employees, servants or agents are doing any act whatsoever directly or indirectly connected with this Contract. Contractor’s

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obligation to indemnify the City shall survive the expiration, non-renewal or termination of this Agreement.

The City of East Lansing, Michigan, its elected officials, officers, employees, boards, commissions, authorities, voluntary associations, and any other units operating under the jurisdiction of the City and within appointment of its operating budget including the City of East Lansing are named as additional insured and said coverage shall be considered to be the primary coverage rather than any policies and insurance or self-insurance retention owned or maintained by the City of East Lansing.

Each insurance policy shall contain a provision or endorsement that the coverage afforded will not be cancelled, non-renewed, materially changed, or reduced in coverage unless at least thirty (30) days prior written notice has been given to the City.

Contractor shall, to the fullest extent permitted by law pursuant to MCL 691.991(2), defend, indemnify and hold harmless the City, and its elected and appointed officers, agents, servants, and employees from any and all claims, damages, losses, expenses, liability, judgment, or liens, including reasonable attorney fees and other costs of defense arising out of any acts or omissions or the discharge, release or escape of contaminants or hazardous substances by Contractor or by anyone acting on their behalf under or in any matter connected with this agreement. Contractor’s obligations to indemnify the City shall survive the expiration, non-renewal, or termination of this Agreement.

15. LIMITATION OF LIABILITY: Except for indemnification pursuant to paragraph 14, neither party shall be liable to the other, or any of their respective agents, representatives, or employees for any lost revenue, lost profits, loss of technology, rights or services, incidental, punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of service, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise.

16. BONDS: Contractor shall furnish in acceptable form, surety bonds in the amount of 100% of the contract sum as security for the faithful performance of this Contract (Performance Bond) and for the payment of all persons performing labor and furnishing materials in connection with this Contract (Labor and Material Bond). The Contractor shall also furnish in acceptable form, a surety bond in the amount of 50% of the contract sum as security for the faithful correction of all defective work for a period of one year after final acceptance of this Contract (Maintenance and Guarantee Bond). The cost of the aforesaid bonds shall be paid by the Contractor.

17. CHANGES AND CHANGE ORDERS: The City shall have the right to require, by written order, changes in, additions to, or deductions from the work required by the Contract Documents, provided that if change, additions or deductions are made, the general character of the work as a whole is not changed. Contractor shall make changes in the work only as authorized in writing by the City Engineer. This does not preclude the Engineer from authorizing minor changes to the work without written notification, nor does it preclude the

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Engineer’s authority to increase or decrease established contract quantities at contracted unit prices without written notification. Adjustments in the Contract price, if any because of any change, addition or deduction in the work shall be negotiated between the City and the Contractor and shall be addressed at the time of ordering the change, addition or deduction.

No increases in contract cost shall be allowed under any circumstances unless approved in writing by the City prior to execution of said work. Execution of the work by the Contractor or Subcontractor without written approval of additional cost constitutes an agreement by the Contractor that the work is included within existing pay items and that no additional compensation is required. Failure of the Contractor or Subcontractor to submit unit prices for additional work, in a timely manner, shall not constitute grounds for a time extension.

Where the written order diminishes the quantity of work to be done, this shall not constitute a basis for a claim for damages or anticipated profits on the work that may be dispensed with.