2024 Lawn Maintenance_Spec Book.pdf

CITY OF OAK PARK

OAKLAND COUNTY, MICHIGAN

SPECIFICATIONS AND CONTRACT DOCUMENTS

FOR

2024 LAWN MAINTENANCE PROJECT

CITY COUNCIL

Marian McClellan, Mayor

Carolyn Burns, Mayor Pro Tem

Solomon Radner

Julie Edgar

Shaun Whitehead

CITY OFFICERS

City Manager

Erik Tungate

City Clerk

T. Edwin Norris

TC-1

2024 LAWN MAINTENANCE CONTRACT

TABLE OF CONTENTS

SECTIONS: PAGE:

Table of Contents TC-1

Advertisement AD-1 thru AD-2

Instructions to bidders IB-1 thru IB-3

Proposal P-1 thru P-3

Noncollusive Affidavit NA-1

Public Act 517 PA-1

Statement of Qualifications SQ-1 thru SQ-2

Subcontractor Listing SL-1

Contract C-1 thru C-2

Contractor’s Declaration CD-1

Contractor’s Affidavit CA-1

Insurance and Bond Requirements IS-1 thru IS-5

Subcontractors SB-1

Special Conditions SC-1 thru SC-2

General Conditions GC-1 thru GC-13

General Specifications GS-1 thru GS-3

Special Provisions SP-1 thru SP-4

EXHIBITS:

A. City Complex Map

B. Nine Mile and Coolidge Detail Map

C. Location Map – Section 19

D. Location Map – Section 28

E. Location Map – Section 29

F. Location Map – Section 30

G. Location Map – Section 31

H. Location Map – Section 32-33

AD-1

ADVERTISEMENT FOR BIDS

2024 LAWN MAINTENANCE CONTRACT

Sealed proposals for the 2024 LAWN MAINTENANCE CONTRACT, will be received by the Oak Park City Clerk at the City Hall, 14000 Oak Park Blvd., Oak Park, MI 48237, until 11:00am, local time, Thursday, February 22, 2024, at which time and place they will be publicly opened and read aloud.

The approximate quantities of work involved in the project are as follows: Mow and maintain approximately 102 acres of turf at multiple locations including cul-de-sacs, boulevards, greenbelts, parks and city property. An alternate bid for the mowing and litter picking of Eight Mile Road (9 acres) should also be completed. The awarded contractor may be awarded both the original bid as well as the alternates. There is an option to renew for two additional years if agreed upon both parties. The City shall have the right to not extend this contract for any reason or for no reason at all. Copies for bidding purposes may be obtained through the Michigan Inter-governmental Trade

Network (MITN). Contact Scott LeMarbe at (248) 691-7497 with any questions.

Each proposal shall be accompanied by a certified check, cashier's check, money order or bid bond by a surety company licensed to do business in the State of

Michigan in the amount of at least five (5%) percent of the amount bid, drawn payable to the City of Oak Park, Michigan, as security for the proper execution of the Contract.

The Bidding Documents will be on file on or after Monday, February 5, 2024 and may be examined at the following locations:

Michigan Inter-governmental Trade Network (MITN) www.mitn.info

City of Oak Park Public Works Department, 10600 Capital Ave.

The bid guarantee of Bidders under consideration will be returned immediately after execution of the contract documents by the Owner; checks and money orders of Bidders not under consideration will normally be returned within forty-eight (48) hours after bid opening. The amount of the guarantee shall be forfeited to the Owner if the successful

Bidder fails to enter into a contract and furnish the required bonds and insurance certificates within ten (10) days after award of the contract.

The City of Oak Park, Michigan reserves the right to reject any and all bids in its sole discretion in whole or in part for any reason or for no reason at all. Any informalities or irregularities in bids may be waived by the City of Oak Park for any reason, or for no reason at all, in the sole discretion of the City. Bids may not be withdrawn for a period of sixty (60) days after the actual date of opening thereof.

http://www.mitn.info/

AD-2

Address all bids to the CITY CLERK, in a sealed envelope which clearly states:

PROPOSAL FOR: 2024 LAWN MAINTENANCE CONTRACT

City of Oak Park

Attn: City Clerk

14000 Oak Park Boulevard

Oak Park, Michigan 48237

The City of Oak Park does not discriminate in its employment or any other programs or activities on the basis of sex, race, color, age, height, weight, marital status, national origin, religion or disability. We provide reasonable accommodations for qualified individuals with a disability if requested.

CITY OF OAK PARK, MICHIGAN

T. Edwin Norris, City Clerk

IB-1

INSTRUCTIONS TO BIDDERS

1. PROPOSALS

a) Sealed proposals will be received as per Advertisement for Bids.

b) Proposals shall be submitted only on forms provided by the Engineer and shall be a unit price bid for all items of the contract. In case of a discrepancy between the amount shown in words and the amount shown as numbers, the amount shown in words shall govern. Illegibility of any figure or word in the proposal may be sufficient cause for rejection of the proposal by the Owner.

c) Proposals shall be enclosed in sealed envelopes marked with the name of the project and bidder and shall be delivered to the owner at the place specified in the

Advertisement for Bids on or before the time specified in the Advertisement for

Bids.

d) All Contract Documents shall be submitted with the proposal.

e) Proposals shall be made in full conformity with all the conditions set forth in the drawings and in these specifications. Bids are firm and cannot be withdrawn for a period of sixty (60) days after the opening of bids.

2. INSPECTION OF SITE

a) Before submitting a proposal, each bidder shall personally inspect the site of the proposed work to arrive at a clear understanding of the conditions under which the work is to be done.

b) He shall be held to have compared the premises with the specifications and to have satisfied himself as to conditions of the premises, existing construction and any other conditions affecting the carrying out of the work, before delivery of his proposal.

c) No allowance or extra consideration on behalf of the Contractor will subsequently be allowed by reason of error/oversight on the part of the Contractor or on account of interference by the Owner's or other Contractor's activities.

d) On request, the Owner will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for submission of his Bid.

3. EXPLANATION TO BIDDERS BY BULLETINS

a) Neither the Owner nor the Engineer will give verbal answers to inquiries regarding the meaning or intent of the Contract Documents previous to award of the contract. Any verbal statements regarding same by any person, previous to the award, shall be non-authorative.

IB-2

b) Explanations desired by Bidders shall be requested from the Engineer in writing and, if explanations are necessary, a reply will be made in the form of a bulletin, a copy of which will be forwarded to each Bidder who has received a set of the contract documents.

c) Bulletins issued to Bidders prior to date of receipt of proposals shall become a part of the specifications, and all proposals shall include the work described in the bulletins.

d) No inquiry received within four days of the date fixed for opening of the bids will be given consideration.

e) Failure of the Engineer to send, or the Bidder to receive, any such interpretations shall not relieve the Bidder from obligation under his bid as submitted.

4. NAME AND LEGAL STATUS OF BIDDER

a) The name and legal status of Bidder, that is, as a corporation, limited liability company, partnership or individual, shall be stated in the proposal.

b) Any one signing a proposal as an agent of another or others must submit with the proposal legal evidence of his authority to do so.

c) The place of residence of each Bidder, or the office address in the case of a firm or company, with county and state, must be given after his signature.

5. STATEMENT OF QUALIFICATIONS

It is the intention of the Owner to award the contract to a Contractor fully capable, both financially and as regards to experience to perform and complete the work in a satisfactory manner. Each Bidder is required to complete the Statement of Qualifications and may be required to submit a statement of his financial status.

6. SUBCONTRACTORS

The Bidder shall submit to Owner a list of all Subcontractors and other persons and organizations (including those who are to furnish the principal items of material and equipment) proposed for those portions of work as to which such identification is so required. If requested by the Owner, the apparent successful Bidder and any other Bidder so requested, will, within fifteen days after the day of Bid opening, submit an experience statement with pertinent information as to similar projects and other evidence of qualification for each such Subcontractor, person and organization if requested by the

Owner. If the Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, other person or organization, he may request the apparent successful Bidder to submit an acceptable substitute without an increase in bid price. If the apparent successful Bidder decline to make any such substitutions, the Contract shall

IB-3

not be awarded to such Bidder, but his declining to make any such substitution will not constitute grounds for sacrificing his bid security.

Any subcontractor, other person or organization so listed and to whom the Owner or

Engineer does not make written objection prior to signing of the Contract will be deemed acceptable to the Owner and Engineer.

7. BID SECURITY

Each Bid must be accompanied by certified check, cashier's check, money order or bid bond by a surety company licensed to do business in the State of Michigan in the amount of at least 5% of the Bid, payable to the Owner, as a guarantee on the part of the

Bidder that he will, if called upon, enter into the attached Contract.

8. BONDS AND INSURANCE

The successful Bidder will be required to furnish six original copies all of the insurance and bond requirements stated on pages IS-1 through IS-5 of the Contract Documents.

9. OWNER/ENGINEER

The City of Oak Park is the Owner in respect to this contract. The Engineer during construction shall be the City Engineer.

10. TAXES

The Bidder shall include in the Base Bid and shall pay all applicable Federal, State and

Local taxes of whatever character and description.

11. NONCOLLUSIVE AFFIDAVIT / PUBLIC ACT 517

The Bidder shall properly execute the Noncollusive Affidavit and Public Act 517 forms included in these contract documents.

12. CONTRACT LANGUAGE

Words, pronouns and other relative words written in the masculine singular form shall be read as if written in the feminine, neuter and/or plural form as applicable.

13. OWNER’S RIGHTS

The Owner reserves the right to reject any and all bids in its sole discretion in whole or in part for any reason or for no reason at all. Any informalities or irregularities in bids may be waived by the Owner for any reason, or for no reason at all, in the sole discretion of the Owner.

BID

GROUP ITEM DESCRIPTION ACRES UNIT PRICE / PER WEEK

1 Kingston / Water tank / Gardens (behind parking) 4.20

2 Harding Tot Lots (Dead end of Harding) 0.40

3 Tyler Park (adjecent to Tyndall School) 8.00

4 Lincoln Blvds. (Greenfield Rd. to Coolidge Hwy.) 1.30

5 Rothstein / Victoria Parks 20.00

6 I-696, 10 Mile Road - Greenfield to Sherman Bridge 9.00

7 10 Mile Pump Station area (13641 Ten Mile Rd.) 0.20

8 Greenfield green belts (north and south of Oak Park Blvd.) 3.80

9 Oak Park Blvds. (Greenfield Rd. to Ferndale) 3.00

10 City Complex (not including Shepherd Park) 8.75

11 Nine Mile and Coolidge Intersection 2.00

12 9 Mile Road green belts & Connector Park (McClain to Rosewood Ave.) 6.70

13 9 Mile Road green belts (Greenfield to Church) 1.25

14 Hubbell / Stratford / Greenbriar Green belts 5.40

15 8 Mile Pump Station (20751 Coolidge Hwy.) 0.70

16 Oneida Blvds. (Seneca Ave. to Dartmouth Ave.) 0.20

17 Majestic Outlot (dead end of Majestic) 0.20

18 Northfield Blvds. (Coolidge Hwy. to Scotia Rd.) 0.60

19 McClain / Granzon 0.90

20 Troy Avenue green belt 0.50

21 Lessenger Park 2.60

22 Albany green belts (Coolidge Hwy. to Rosewood Ave.) 10.10

23 DPW Service Center (10600 Capital Ave.) 0.40

24 Meyers Blvds. (Capital Ave. to Eight Mile Road) 2.30

25 Cul-de-Sacs (39 Locations around town) 1.20

TOTAL BID AMOUNT PER WEEK (GROUP A), Items 1 - 25 =

TOTAL BID AMOUNT PER WEEK (GROUP A) x 28 WEEKS =

ALT-B 26 8 Mile Blvds. / Greenfield to Meyers (Mowing) 9.00

ALT-C 27 8 Mile Blvds. / Greenfield to Meyers (Picking) 9.00

TOTAL BID AMOUNT PER WEEK (ALT-B), x 12 WEEKS =

TOTAL BID AMOUNT PER WEEK (ALT-C), x 24 WEEKS =

GRAND TOTAL:

WRITTEN AS:

to furnish, at and for the following prices, all materials, labor, equipment and all things necessary to

PROPOSAL FORM FOR

2024 LAWN MAINTENANCE PROJECT

complete the entire work in accordance with the plans, specifications and related documents, which they understand and accepts as adequate.

A

The undersigned, as Bidder, declares that they have familiarized themselves with the location of the proposed work and the conditions under which it must be performed, and agrees that they will contract with the Owner

P-1

( The Bidder shall fill out the appropriate firm and strike out the other two)

A CORPORATION, duly organized and doing business under the laws of the State of , for whom ,whose signature is affixed to this proposal, is duly authorized to execute contracts.

A LIMITED LIABILITY COMPANY, duly organized and doing business under the laws of the

State of _________________, form whom ______________________ whose signature is affexed to this proposal, is duly authorized to excute contracts as a Member / Manager (Circle the appropriate one)

A PARTNERSHIP, All members of which, with addresses, are:

AN INDIVIDUAL, whose signature is affixed to this proposal:

ATTACHMENTS: The following documents are attached to and made a condition of this Bid:

a. Bid Security in the form of Bid Bond, Certified Check, Money Order or Cashier's Check

(cross out three) in the sum of five (5%) percent of the amount bid.

b. Non-collusive Affidavit

c. Public Act 517

d. Statement of Qualifications

e. A listing of Subcontractors and other persons and organizations required to be identified in the bid.

BULLETINS: Bidder acknowledges receipt of the following bulletins.

No. Date .

No. Date .

No. Date .

LEGAL STATUS OF BIDDER

P-2

The Bidder hereby declares that he has inspected the site of the work and further declares that no charges in addition to the unit prices shall be made on account of it.

If the Proposal is accepted by the Owner, and the undersigned shall fail to contract as aforesaid and to furnish the required Insurance / Surety Bonds within ten (10) days after being notified of the acceptance of his bid, then the undersigned shall be considered to have abandoned the contract and the Certified Check, Cashier's

Check, or Bid Bond accompanying the Proposal shall be considered due and payable to the City of Oak

Park.

If the undersigned enters into the contract in accordance with this Proposal or if his Proposal is rejected, then the accompanying bid guarantee shall be returned to the undersigned.

In submitting this bid, it is understood that the City of Oak Park may make award in any manner deemed by it or reject any or all bids in its sole discretion for any reason or no reason at all.

SIGNED THIS DAY OF , A.D. 20 .

Name

Authorized Signature

Title

MAILING ADDRESS:

Firm Name

P-3

NA-1

THIS AFFIDAVIT SHALL BE SUBMITTED WITH AND

MADE A PART OF EACH AND EVERY BID PROPOSAL

TO THE CITY OF OAK PARK

NONCOLLUSIVE AFFIDAVIT

State of Michigan, County of ____________________

_______________________________________, BEING DULY SWORN

Deposes and says that:

1. The bid has been arrived at by the Bidder independently and has been submitted without collusion with, and without any agreement, understanding, or planned common course of action with, any other vendor of materials, supplies, equipment, or services described in the invitation to bid, designed to limit independent bidding or competition, and;

2. The contents of the bid have not been communicated by the Bidder or its employees or agents to any person not an employee or agent of the Bidder or its surety on any bond furnished with the bid, and will not be communicated to any such person prior to the official opening of the bid.

SIGNATURE OF THE BIDDER

Subscribed and sworn to before me this ____________day of _________________, A.D.

20____, a notary public in and for said County.

Notary Public, ________________________________, County, Michigan.

My commission expires:

PA-1

PUBLIC ACT 517 OF 2012 CERTIFICATION

STATE OF MICHIGAN )

) SS.

COUNTY OF )

Public Act 517 of 2012 prohibits Iran linked businesses from bidding on public projects in the State of Michigan. ‘Iran linked business’ is defined in MCL 129.312. Pursuant to Public Act 517 of 2012, Bidder certifies that it is not an Iran linked business.

The undersigned, the owner, or authorized officer of the below-named company (the “Company”), hereby certifies, represents, and warrants that the Company (which includes its officers, directors and employees) is not an “Iran Linked Business” within the meaning of the Iran Economic Sanctions Act, Michigan Public Act No. 517 of 2012 (the “Act”), and that the Company will not become an “Iran

Linked Business” at any time during the course of performing any services under the contract.

The Company further acknowledges that any person who is found to have submitted a false certification is responsible for a civil penalty of not more than $250,000.00 or two (2) times the amount of the contract or proposed contract for which the false certification was made, whichever is greater, the cost of the City of Oak Park’s investigation, and reasonable attorney fees, in addition to the fine. Moreover, any person who submitted a false certification shall be ineligible to bid on a request for proposal for three (3) years from the date the it is determined that the person has submitted the false certification.

This affidavit is freely and voluntarily given with full knowledge of the facts on this ________ day of _______________, 20____.

Contractor

By: _____________________________

Title: ____________________________

Subscribed and sworn to before me, a Notary Public in and for _______________ County, Michigan on this _______ day of _______________, 20_____.

Notary Public: ____________________

My Commission expires: ____________

SQ-1

STATEMENT OF QUALIFICATIONS

The Bidder must answer all questions. If more space is needed to complete a question, attach a separate sheet. The Bidder may submit any additional information.

NAME: _______________________________________________________

ADDRESS: ____________________________________________________

PHONE: ______________________________________________________

Number of Years operating under your present name: _____________________________

Bonding Capacity: $ ________________________

Bonding Company: Phone: ________________________

General nature of work performed by your company: __________________________________

Background and experience of the principal members of your organization, including officers:

Major equipment available for this contract: __________________________________________

SQ-2

CURRENT PROJECTS:

Project Project

Name: ________________________ _________________________

Owner: ________________________ _________________________

Contact Person: ________________________ _________________________

Phone: ________________________ _________________________

Contract Amount: _________________________ _________________________

Completion Date: _________________________ _________________________

% Complete: _________________________ _________________________

COMPLETED PROJECTS:

Name: _________________________ _________________________

Owner: _________________________ _________________________

Contact Person: _________________________ __________________________

Phone: _________________________ _________________________

Contract Amount: __________________________ _________________________

Date Completed: __________________________ _________________________

Has your company ever defaulted on a contract? Yes ________ No________

If yes, where and why? __________________________________________________________

I hereby certify that the above answers are correct and true.

By: _____________________________________

Name and Title

Signature

No. of sheets attached ________

SL-1

SUBCONTRACTOR LISTING

The Bidder agrees to use the following Subcontractors for the performance of the work of their respective trades unless otherwise approved in writing by the Owner prior to signing of the

Contract.

NAME, ADDRESS & PHONE APPROX. DOLLAR

NO. OF SUBCONTRACTOR VALUE OF SUBCONTRACT

Phone: __________________________

C-1

CONTRACT

ARTICLE OF AGREEMENT, made and entered into this day of , 20 , by and between

THE CITY OF OAK PARK

14000 OAK PARK BLVD.

OAK PARK, MI 48237

Party of the first part, and, of

The City of , County of and State of

, party of the second part, to-wit:

(1) That the Advertisement for Bids, Proposal, Subcontractor Listing, Statement of

Qualifications, Instructions to Bidders, Contractors Declaration, Contractors Affidavit, Public

Act 517, Non-collusive Affidavit, Insurance and Bond Requirements, Insurance Documents

(certificates), bonds, Subcontractors, Special Conditions, General Conditions, General

Specifications, Special Provisions, and any Change Orders hereto attached or herein referred to, shall be and are hereby made a part of this agreement and contract.

(2) That the party of the second part, under penalty of bond attached shall furnish all labor, materials and equipment necessary, and do all the work as set forth in the proposal:

According to the specifications, plans, etc., which have been made a part of this contract in a manner, time and place, all singular, as herein set forth.

IN CONSIDERATION WHEREOF, said party of the first part, for it and its successors, promises and agrees to pay said party of the second part, the following sum as provided in the attached proposal:

For completion of the above project in accordance with the specifications, plans, etc., all in the time and manner therein provided.

For the faithful performance of all and singular of the stipulations, terms and conditions of this agreement, said parties respectfully bind themselves, their successors, heirs, executors, administrators and assigns.

C-2

IN WITNESS WHEREOF, said parties have hereunto set their hand and seals, in duplicate, the day and year first above written.

WITNESS: CITY OF OAK PARK

A Michigan Municipal Corporation

_______________________________ By: _________________________________

Marian McClellan, Mayor

_______________________________ By: __________________________________

Erik Tungate, City Manager

_______________________________ By: __________________________________

T. Edwin Norris, City Clerk

Approved as to Form:

By: ______________________________

Ebony L. Duff, City Attorney

WITNESS:

Party of the Second Part

CD-1

CONTRACTOR'S DECLARATION

I hereby declare that I have not, during the period _____________________________ to A.D., 20 , performed any work, furnished any material, sustained any loss, damage or delay for any reason, including soil conditions encountered or created, or otherwise done anything for which I shall ask, demand, sue for or claim compensation from _____________________________________

THE CITY OF OAK PARK

or his agents, in addition to the regular items set forth in the contract numbered

2024 and dated _______________________________

A.D., 20 for

Executed between myself and the Owner, and in the Change Orders for work issued by the

Owner in writing as provided there under, except as I hereby make claim for additional compensation and/or extension of time, as set forth on the itemized statement attached hereto.

There (is) (is not) an itemized statement attached.

Date: ___________________________________

By:

Title:

CA-1

CONTRACTOR'S AFFIDAVIT

STATE OF MICHIGAN )

) SS.

COUNTY OF )

The undersigned, ________________________ hereby represents that on _________________ he (it) was awarded a contract by THE CITY OF OAK PARK, MICHIGAN hereinafter called the Owner, to 2024 LAWN MAINTENANCE PROJECT in accordance with the terms and conditions of the Contract. The undersigned further represents that the subject work has now been accomplished and the said contract has now been completed.

The undersigned hereby warrants and certifies that all of his (its) indebtedness arising by reason of said contract has been fully or satisfactorily secured, and that all claims from subcontractors and others for labor and material used in accomplishing the said project, as well as all other claims arising from the performance of said contract, have been fully paid or satisfactorily secured. The undersigned further agrees that if any such claim should hereafter arise, he (it) shall assume responsibility for same immediately upon request to do so by the Owner.

The undersigned, for a valuable consideration, receipt of which is hereby acknowledged, does further hereby waive, release and relinquish any and all claims or right of lien which the undersigned now has or may hereafter acquire upon the subject premises for labor and material used in accomplishing said project owned by the Owner.

This affidavit is freely and voluntarily given with full knowledge of the facts on this ________ day of _______________, 20____.

Contractor

By: _____________________________

Title: ____________________________

Subscribed and sworn to before me, a Notary Public in and for _______________ County, Michigan on this _______ day of _______________, 20_____.

Notary Public: ____________________

My Commission expires: ____________

IS-1

INSURANCE AND BOND REQUIREMENTS

1. LIABILITY OF CONTRACTOR

The Contractor shall take all responsibility for the work and shall provide barricades, signs, watchmen and lights, and take all precautions for preventing injuries to persons and property on or about the work; shall bear all losses resulting to him on account of the amount or character of the work 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 weather, floods, elements or other cause; and shall assume defense of, indemnify and save harmless the Owner and its individual officers and agents from all claims relating to labor, equipment and materials furnished for the work, inventions, patents and patent rights used in doing the work, also to injuries to any person or property received or sustained by or from the Contractor, his agents or employees, though Contractor shall not be required to defend

Owner or assume any liability or indemnify Owner for any amount greater than the degree of fault of the Contractor and Contractor’s agents or employees. The mention of any specific duty or liability of the Contractor in any part of the specifications shall not be construed as a limitation of restriction upon any general liability or duty imposed upon the Contractor by the specifications.

COMPOSITION OF THE CONTRACTOR

If the Contractor hereunder is comprised of more than one legal entity, each such entity shall be jointly and severally liable hereunder.

2. INSURANCE

2.1 Insurance Required of the Contractor:

Prior to commencement of work, the Contractor shall purchase and maintain during the term of the project such insurance as will protect him and the Owner(s) from claims arising out of the work described in this contract and performed by the Contractor, Subcontractor(s) or Sub-subcontractor(s) consisting of:

2.1.1 Workers' Compensation Insurance including Employer's Liability to cover employee injuries or disease compensable under the Workers' Compensation

Statutes of the states in which work is conducted under this contract; disability benefit laws, if any; or Federal compensation acts such as U.S. Longshoremen or

Harbor Workers', Maritime Employment, or Railroad Compensation Act(s), if applicable. Self-insurance plans approved by the regulatory authorities in the state in which work on this project is performed are acceptable.

2.1.2 A Comprehensive General Liability policy to cover bodily injury to persons other than employees and for damage to tangible property including loss of use thereof, including the following exposures:

a. All premises and operations.

IS-2

b. Explosion, collapse and underground damage.

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

d. Contractual Liability for the obligation assumed in the Indemnification or

Hold Harmless agreement found under Part 1 of this Section.

e. The usual Personal Injury Liability endorsement with no exclusions pertaining to employment.

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

2.1.3 A Comprehensive Automobile Liability policy to cover bodily injury and property damage arising out of the ownership, maintenance or use of any motor vehicle, including owned, non-owned and hired vehicles. In light of the standard policy provisions concerning (a) loading and unloading, and (b) definitions pertaining to motor vehicles licensed for road use vs. unlicensed or self-propelled construction equipment, it is strongly recommended that Comprehensive General Liability and

Comprehensive Auto Liability be written by the same insurance carrier, though not necessarily in one policy.

2.1.4 Contractor will purchase for the Owner, the City of Oak Park, an Owner's

Protective Liability policy to protect the Owner, its consultants, agents, employees and such public corporations in whose jurisdiction the work is located for their contingent liability for work performed by the Contractor, the

Subcontractor(s) or the Sub-subcontractor(s) under this contract.

2.1.5 Contractor shall purchase a Builder's Risk-Installation Floater in a form acceptable to the Owner covering property of the project for the full cost of replacement as of the time of any loss which shall include, as named insured, (a) the Contractor, (b) all Subcontractors, (c) all Sub-subcontractors, (d) the Owner, as their respective interests may prove to be at the time of loss, covering insurable property which is the subject of this contract, whether in place, stored at the job site, stored elsewhere, or in transit at the risk of the insured(s). Coverage shall be affected on an "All Risk” form, including but not limited to the perils of fire, wind, collapse, vandalism, theft and earthquake, with exclusions normal to the cover. The Contractor may arrange for such deductibles as he deems to be within his ability to self-assume, but he will be held solely responsible for the amount of such deductible and for any co-insurance penalties. Any insured loss shall be adjusted with the Owner and Contractor and paid to the Owner and Contractor as

Trustee for the other insured’s.

2.1.6 Umbrella or Excess Liability

IS-3

The Owner or its representative may, for certain projects, require limits higher than those stated in Para. 2.2 which follows. Contractor is granted the option of arranging coverage under a single policy for the full limit required or by a combination of underlying policies with the balance provided by an Excess or

Umbrella Liability policy equal to the total limit(s) requested. Umbrella or

Excess policy wording shall be at least as broad as the primary or underlying policy(ies) and shall apply both to the Contractor's general liability and to its automobile liability insurance.

2.1.7 Railroad Protective Liability

Where such an exposure exists, the Contractor will provide coverage in the use of each railroad company having jurisdiction over rights-of-way across which work under the contract is to be performed. The form of policy and limits of liability shall be determined by the railroad company(ies) involved.

2.2 Limits of Liability

The required limits of liability for insurance coverage’s requested in Section 2.1 shall be not less than the following:

2.2.1 Worker's Compensation

Coverage A - Compensation Statutory

Coverage B - Employer's Liability Statutory

2.2.2 Comprehensive General Liability

Bodily Injury - Each Occurrence $ 500,000

Bodily Injury - Aggregate

(Completed Operations) $ 500,000

Property Damage - Each Occurrence $ 200,000

Property Damage - Aggregate $ 500,000 or combined single limit $ 1,000,000

2.2.3 Comprehensive Automobile Liability

Bodily Injury $ 500,000

Property Damage $ 200,000 or combined single limit $ 1,000,000

2.2.4 Owner's Protective

Bodily Injury - Each Occurrence $ 1,000,000

Property Damage - Each Occurrence $ 250,000

Property Damage - Aggregate $ 500,000

IS-4

or combined single limit $ 1,500,000

2.2.5 Umbrella or Excess Liability $ 2,000,000

2.3 Insurance - Other Requirements

2.3.1 Notice of Cancellation or Intent Not to Renew

Policies will be endorsed to guarantee that at least 30 days written notice shall be given to the Owner and the Engineer of cancellation or of intent not to renew.

2.3.2 Evidence of Coverage

Prior to the commencement of work, the Contractor shall furnish to the Owner, six original Certificates of Insurance in force on the Owner's Form. A form of

Certificate satisfactory to the Owner shall be provided. Other forms of certificate are acceptable only if (1) they include all items prescribed in the Owner's Form of

Certificate, including agreement to cancellation provisions outlined in Para. 2.3.1 above, and (2) they have the written approval of the Owner and Engineer. The

Owner reserves the right to request complete copies of the policies if deemed necessary to ascertain details of coverage not provided by the certificates. Such policy copies shall be "Originally Signed Copies," and so designated. The City of Oak Park shall be named as additionally insured on all insurance provided by the Contractor pursuant to the Contract Documents.

A. Insurance Required for the Contractor

1. Workers' Compensation and Employers' Liability

2. Comprehensive General Liability, including:

a. All premises and operations.

b. Explosion, collapse, and underground damage.

c. Contractors' Protective.

d. Contractual Liability for obligations assumed in the

Indemnification-Hold Harmless agreement of this contract.

e. Personal Injury Liability.

f. Products and Completed Operations.

3. Comprehensive Automobile Liability, including owned, non-owned, and hired vehicles.

IS-5

4. Umbrella or Excess Liability.

B. Insurance Required for the Owner

Owners' Protective Liability which names as insured(s) the Owner; their consultants, agents, employees and such public corporations in whose jurisdiction the work is located.

C. Insurance Required for the Contractor and the Owner

Builders Risk-Installation Floater which names as insured(s) the Owner; their consultants, agents and employees; the Contractor and all Subcontractors.

2.3.3 Qualification of Insurers

In order to determine the financial strength and reputation of insurance carriers, all companies providing coverage’s required shall be licensed or approved by the

Department of Insurance and Financial Services and shall have a financial rating not lower than IX and a policyholder's service rating no lower than B+ as listed in

A.M. Best's Key Rating Guide, current edition. Companies with ratings lower than B+ :IX will be acceptable only upon the written consent of the Owner.

SB-1

SUBCONTRACTORS

The Contractor shall perform at least sixty (60) percent of the total work with its own forces.

The Contractor may not sublet, assign nor transfer this contract or any portion thereof, except for the furnishing of necessary materials, without the written consent of the Owner. Such consent shall in no way relieve the Contractor of full responsibility for the performance of the Contract.

The Subcontractor shall not begin work until they have been approved by the Engineer and has had its subcontract with the Prime Contractor executed in a form acceptable to the Owner.

Approval of the subcontracting of any portion of the work will not be given unless and until it is determined that the Subcontractor is qualified to bid on work of the type, magnitude and scope proposed.

If the amount of the subcontract or the nature of the work to be performed hereunder warrants, the Owner may require the Subcontractor to furnish, for the benefit of the Contractor, bonds in an amount proportioned to the amount of the subcontract, and for the same purpose and under the same specifications as those of the General Contract. The Surety on the General Contract shall not be eligible to furnish such subcontract bonds.

The Owner reserves the right to remove forthwith from the job any Subcontractor or its equipment operating in violation of these requirements. Any costs or damages thereby incurred are assumed by the Contractor. It is further understood that the Contractor's responsibilities in the performance of this Contract, in case of an approved subcontracting, are the same as if they had handled the work directly.

The Contractor shall provide a list of all proposed Subcontractors with its bid. Any item of work performed by any person other than the Contractor or approved Subcontractors will be considered as unauthorized and shall not be paid for under the provisions of the Contract.

SC-1

SPECIAL CONDITIONS

GENERAL

The provisions of this Section shall be considered supplemental to the Instructions to Bidders, General Conditions, General Specifications, Supplemental Specifications, and Special

Provisions.

TIME OF COMPLETION

Time is of the essence for this work. The City of Oak Park anticipates the following schedule for awarding the Contract and starting work:

Contract Award Monday, March 4, 2024

Notice of Award Tuesday, March 5, 2024

Start of Work (Actual Date to be determined) Tentative, April 8, 2024

This contract is for the 2024 calendar year. If mutually agreed upon by both parties, there is an option for two (2) - one (1) year extensions. These extensions would be the for the 2025 and 206 calendar years.

WORK HOURS

Normal working hours within the City of Oak Park are 7:00 AM to 7:00 PM, Monday through

Saturday. Special permission to work beyond these hours can be approved by the City Manager with a written explanation, submitted to the Owner, as to why more time is needed and the approximate latest time work shall be completed.

MAINTAINING TRAFFIC AND SIGNING

a. Provision for Local Traffic: During the progress of the work, The Contractor shall accommodate both local vehicular and pedestrian traffic in the road rights-of-way. The

Contractor’s truck and equipment operations on public streets shall be governed by all local traffic ordinances and regulations of the Public Safety Department and the Department of Public

Works.

Traffic lanes shall be kept open at all times.

All traffic control and signing shall be considered incidental to the contract.

RESTRICTIONS ON LOCAL STREETS

The Contractor shall not operate trucks over 2 1/2 tons or equipment on any City side street not involved in the construction.

SC-2

USE OF WATER

The Contractor shall not make connection to any fire hydrant without first obtaining the necessary Hydrant Meter and Permit from the City of Oak Park’s Water Department.

There will not be a charge for the water, but there is a deposit required for the Hydrant Meter.

INCIDENTAL CONTRACT ITEMS

All items indicated to be removed or work to be accomplished on the drawings and not itemized in the proposal as a pay item shall be considered incidental to the Contract.

COORDINATION OF SPECIFICATIONS AND PLANS

In case of discrepancy, the Owner’s dimensions shall govern over all other dimensions.

The Contractor shall not take advantage of any apparent error or omission in the plans or specifications, and if any inconsistency, omission, or conflict is discovered in either the plans or the specifications, or if in any place the meaning of either the plans or the specifications, or both, is obscure, or uncertain, or in dispute, the Engineer will decide as to the true intent.

MISCELLANEOUS DAMAGES

The Contractor shall be responsible for repairing all damages to existing lawns outside the edge of the public sidewalk or the easement limits shown on the drawings. Private utilities, private ornamental gas or electric lights, sprinkler systems, fences, shrubs, trees, existing sidewalk, or any other surface or subsurface items of value damaged by the Contractor shall be repaired, replaced or removed and replaced to at least equal condition at the Contractor's expense unless otherwise specified on the plans.

PROGRESS OF WORK AND REGULAR CLEANUP

The intent of these specifications is to provide qualitative guide lines for orderly execution of the contract requirements. Insofar as the Contractor makes satisfactory progress and maintains an effective cleanup following the construction operation, the direction of the work force shall be solely their responsibility. If, however, in the judgment of the Owner, adequate cleanup and site restoration efforts are not being expended, including but not limited to, roadway, driveway and drainage maintenance, removal of surplus materials, restoration of all signs, mailboxes and like items, further construction shall be halted and work forces directed to the restoration activity until proper order is restored. This shall not be construed as cause for additional compensation.

GC-1

GENERAL CONDITIONS

1. DEFINITIONS - The following terms as used in this contract are respectively defined as follows:

a) "Subcontractor": The qualified individual, partnership or corporation, or a combination thereof, undertaking the execution of part of the work under the terms of the contract, by virtue of an agreement with the Contractor approved by the Engineer and Owner.

b) "Work on (at) the Project": Work to be performed, including work normally done at the location of the project.

c) "Contractor": The person, firm or corporation to whom a contract is awarded by the Owner for the construction of the work at the site of the project.

d) "Owner": The City of Oak Park, Michigan.

e) "Engineer": The City Engineer.

f) "Written Notice": Shall be deemed to have been "duly served" when such notice shall have been given or mailed to the Contractor or his superintendent at the site of the work or when such notice shall have been given or mailed to the Owner.

2. CONTRACT DOCUMENTS

The original and five counterparts of the contract shall be signed by the Owner and the

Contractor.

The work under this Contract shall consist of the items listed in the Proposal, including all incidentals necessary to fully complete the project in accordance with the Contract

Documents. The Contract shall consist of the Advertisement for Bids, Proposal, Contract, Instructions to Bidders, Insurance and Bond Requirements, Insurance

Documents (certificates), Bonds, Subcontractors, Special Conditions, General

Conditions, General Specifications, Special Provisions, and any Change Orders.

3. START UP MEETING

A start up meeting will be held prior to the beginning of any work. The Engineer will schedule the meeting as soon as possible after acceptable executed contract documents are received from the Contractor.

As noted above, the Contractor is required to submit an outline of the proposed order of work and to indicate the schedule.

GC-2

The purpose of the start up meeting is to discuss particular procedures and potential problem areas. The Contractor is given updates on the conditions of the proposed work and what is expected as to proper notification of the event of damage.

The Contractor shall submit in writing prior to the pre-construction meeting the following information:

1. Detailed schedule

2. List of sub-contractors

3. The designated safety officer on the job

4. Superintendent for the project

5. Foreman in charge on the job site

6. Emergency phone number for contractor

4. CONTRACT DOCUMENTS AND SPECIFICATIONS

The intent of the Contract Documents is to include in the contract price the cost of all labor and material, water, fuel, tools, plant equipment, light, transportation and all other expenses that may be necessary for the proper execution and completion of the work.

In case any inconsistency, omission or conflict shall be discovered in either specifications or exhibits, or if in any place the meaning of either or both shall be obscure, or uncertain, or in dispute, the Engineer shall decide as to the true intent of the documents.

Information regarding site of the work given in the specifications has been obtained by the Engineer and is believed to be reasonably correct, but the Owner does not warrant either the completeness or accuracy of such information, and it is the Contractor's responsibility to verify all such information.

5. ENGINEERING DURING CONSTRUCTION

This work shall be subject to the approval of the Engineer, who shall determine the amount, quality, acceptability, and fitness of the several kinds of work and materials to be furnished hereunder, and who shall decide all questions which may arise as to measurements of quantities and fulfillment of the requirements of the specifications.

6. AUTHORITY AND DUTIES OF INSPECTORS

Inspectors may be appointed and directed to inspect all materials used and all work done.

The inspection may extend to all parts of the work and to the preparation or manufacture of the materials for use in the work. Inspectors will not be authorized to revoke, alter, enlarge, or relax any of the provisions of these specifications, or to change the plans in any way. The Inspector will call the attention of the Contractor to any failure to follow the plans and specifications that he may observe. In case of any dispute arising between the Contractor and the Inspector as to the materials furnished or the manner of performing the work, the Inspector shall have the authority to reject materials or suspend

GC-3

work until the question at issue can be referred to and be decided by the Engineer. A decision will be rendered as soon as possible and the Contractor shall have no grounds for claims for "lost time" or "down time" arising from the ordered suspension regardless of the decision. In no instance shall any action or omission on the part of the Inspector relieve the Contractor of the responsibility of completing the work in accordance with the exhibits and specifications.

7. COMPOSITION OF THE CONTRACTOR

If the Contractor hereunder is comprised of more than one legal entity, each such entity shall be jointly and severally liable hereunder.

8. ASSIGNMENT OF CONTRACT

The Contractor shall not sublet, assign or transfer this contract or any portion thereof or any payments due him thereunder, without the written consent of the City of Oak Park.

Subcontracting shall be in accordance with the Instructions to Bidders, Subcontractors and as specified herein.

Assignment or subletting the whole or any portion of this contract shall not operate to release the Contractor or his bondsmen hereunder from any of the contract obligations.

The Contractor agrees that he is fully responsible to the Owner for the acts and omissions of his subcontractors and of persons either directly or indirectly employed by him.

Nothing contained in the Contract Documents shall create any contractual relation between any subcontractor and the Owner.

No officer, agent or employee of the Owner shall have any power or authority whatsoever to bind the Owner or to incur obligation in his behalf to any subcontractor, material supplier or other persons in any manner whatsoever.

9. AGENTS

Work shall be carried on under personal supervision of the Contractor or his properly authorized representative, who shall be on the grounds at all times during the construction, and who shall have full and responsible charge of the work with power to receive orders and carry out instructions.

10. GENERAL REQUIREMENTS OF MATERIALS AND WORKMANSHIP

In the specifications where a particular material or piece of equipment is specified by reference to some particular make or type or equal, it is not intended to limit competition but to set up by such reference a standard of quality most easily understood and defined.

If materials or equipment of other make or type other than that specified by name are offered by the Contractor they will be given full consideration by the Engineer, and the

GC-4

Engineer's decision will be final as to whether the materials or equipment offered are equal to those specified.

Unless otherwise stipulated in the specifications, all materials, equipment and articles incorporated in the work covered by this contract are to be new and of the best grade of their respective kinds for the purpose. The Contractor shall, if required, furnish such evidence as to kind and quality of materials as the Engineer may require.

The Contractor shall furnish suitable tools and building appliances and employ competent labor to perform the work to be done. Any labor, tools or appliances that shall not, in the judgment of the Engineer, be suitable or competent to produce this result may be ordered from the work by him, and such labor, tools or appliances shall be substituted thereof by the Contractor as will meet with the approval of the Engineer.

If not otherwise provided, material or work called for in this contract shall be furnished and performed in accordance with well-known established practice and standards recognized by Architects, Engineers and the trade.

11. PROTECTION OF WORK AND PROPERTY

The Contractor shall continuously maintain adequate protection of all his work from damage and shall protect all public property and private abutting property from injury or loss arising in connection with this contract. They shall, without delay, make good any such damage, injury or loss and shall defend and save the Owner harmless from all such damages or injuries occurring because of his work. Also, the Contractor shall furnish and maintain all passageways, barricades, guard fences, lights and dangers signals, and provide watchmen and other facilities for protection required by public authority or by local condition, all at no additional cost to the Owner.

In an emergency affecting the safety of life or of the work or of the adjoining property, the Contractor, without special instruction or authorization from the Owner, shall take such action as may be necessary to prevent such threatened damage, injury or loss.

Contractor shall assume full responsibility of loss or damage to the work during the entire…