2025 Currier Watermain Replacement Project-Contract Documents.pdf

SPECIFICATIONS AND CONTRACT DOCUMENTS

FOR

2025 CURRIER STREET WATER MAIN

REPLACEMENT PROJECT

ENGINEERING DEPARTMENT

3200 S. WAYNE ROAD

CITY OF WAYNE, MICHIGAN 48184

PHONE: (734) 728-9100

BID DUE DATE: Thursday, APRIL 17, 2025 @ 11:00 A.M. local time

TABLE OF CONTENTS

ADVERTISEMENT FOR BIDS

INSTRUCTION TO BIDDERS

LOCATION MAP

PROGRESS SCHEDULE

PERFORMANCE BOND

LABOR AND MATERIAL BOND

MAINTENANCE AND GAURANTEE BOND

CONTRACTOR’S DECLARATION

CONTRACTOR’S AFFIDAVIT

GENERAL CONDITIONS

SUPPLEMENTAL SPECIFICATIONS

GENERAL SPECIFICATIONS

DETAILED SPECIFICATIONS

EARTH EXCAVATION (CIP)

AGGREGATE BASE COURSE AND UNDERCUT

WATER MAIN SPECIFICATIONS

STORM SEWER AND DRAINAGE STRUCTURES SPECIFICATIONS

CONCRETE PAVEMENT AND CONCRETE BASE COURSE

CONCRETE SIDEWALKS, SIDEWALK RAMPS AND DRIVE APPROACHES

TRAFFIC CONTROL, MAINTENANCE OF PAVEMENTDRAINAGE STRUCTURES SPECS

RESTORATION

PROPOSAL……………………………………………………………………..…AT REAR OF BOOK

ADVERTISEMENT FOR BIDS

2025 CURRIER STREET WATER MAIN REPLACEMENT PROJECT

CITY OF WAYNE, MICHIGAN

Sealed bids will be received by the City of Wayne at the Office of the City Clerk, 3355 South Wayne Road, Wayne, Michigan 48184, until 11:00 A.M., E.S.T., on Thursday, APRIL 17, 2025, and immediately thereafter the bids will be publicly opened and read for the “2025 CURRIER STREET

WATER MAIN REPLACEMENT PROJECT”.

The City of Wayne seeks proposals for the following major items of work:

2345 sq. yds. of R&R 8” NR Concrete; 790 sq.ft. of R&R 6” Drive Approach/Sidewalk; 3170

sq. ft. of R&R 4” Sidewalk; 2,345 sq. yds of 6” Thick 21AA Aggregate Base Course & Undercut; 800 l.f. of 8” Watermain DIP Class 54; 3 each 8” Gate Valve & Wells, 2 each 6” Hydrants.

BIDDERS ARE PUT ON NOTICE THAT THE CITY OF WAYNE BY ORDINANCE HAS

MANDATED THAT CONTRACTORS PERFORMING WORK FOR THE CITY OF WAYNE

MUST PAY PREVAILING WAGES WHEN THE DOLLAR VALUE OF THE BID AMOUNT

OF THE CONTRACT EXCEEDS FIFTY THOUSAND DOLLARS.

A Certified Check or Surety Bond, payable to the City of Wayne, in the amount equal to five percent (5%) of the Proposal shall be submitted with each bid. No bid may be withdrawn for at least sixty (60) days after the scheduled closing time for receiving bids. All bids must be submitted on the proposal forms provided by the City of Wayne for that purpose.

The City of Wayne reserves the right to reject any or all proposals, to waive any defects or irregularities in proposals, and to accept any proposal which is deemed most advantageous to said City’s interest. The successful bidder will be required to furnish satisfactory Performance Bonds, Labor and Material Bonds, Maintenance and Guarantee Bonds, and Insurance Certificates.

Address all bids to the city clerk in a sealed envelope which clearly states:

Proposal for:

2025 CURRIER STREET WATER MAIN REPLACEMENT PROJECT

CITY OF WAYNE, MICHIGAN

Tina Parnell, City Clerk 3355 South Wayne Road

Wayne, MI 48184

INSTRUCTION TO BIDDERS

1. BID FORMS

These Contract Documents include a complete set of bidding and contract forms, which are for the convenience of bidders.

2. INSPECTION OF SITE, DRAWINGS AND CONTRACT DOCUMENTS

Each bidder should visit the site of the proposed work and fully acquaint himself with the existing conditions there, relating to construction and labor and should fully inform himself as to the facilities involved and the difficulties and restrictions attending the performance of the Contract. The bidder should thoroughly examine and familiarize himself with the Drawings, Specifications and all other Contract Documents. The Contractor, by the execution of the Contract, shall in no way be relieved of any obligation under it due to his failure to receive or examine any form or legal instrument or to visit the site and acquaint himself with the conditions there existing and the owner will be justified in rejecting any claim based on facts regarding which he should have been on notice as a result thereof.

3. BIDS

A. All bids must be submitted on forms supplied by the Owner and shall be subject to all requirements of the Contract Documents, including the Drawings and these instructions to Bidders. All bids must be prepared on the form of the Proposal provided for that purpose and shall be in conformity with, and based upon, the requirements of the Drawings and Specifications. Erasures or other changes on the bids must be initialed by the Bidder and noted or explained over his signature. All blank spaces shall be filled in with ink or typewritten. Written Unit Prices shall take precedence over Numerical Unit Prices.

B. Bid Documents, including the Proposal Form, and the Bid Guaranty shall be enclosed in an envelope, which shall be sealed and clearly labeled “Proposal”, and bearing the project names, name of bidder, date and time of the bid opening in order to guard against premature opening of the bid.

C. The owner may consider as irregular any bid on which there is an alteration of or departure from the Proposal Form hereto attached and at its option may reject the same.

D. If the contract is awarded, it will be awarded by the owner to a responsible bidder on the basis of the bid that is in the best interest of the owner. The contract will require the completion of the work according to the Contract Documents.

4. SOIL CONDITIONS

Before submitting a proposal, each bidder shall personally make his own determination as to soil conditions and subsoil conditions in the area of the proposed work. Each bidder should be held to have determined to his own satisfaction the conditions he will encounter in construction of the work, including subsoil conditions and he shall complete the work in whatever material and under whatever conditions he may encounter or create without extra cost to the Owner.

5. START DATE – Project shall not start prior to Monday June 9th, 2025.

6. TIME OF COMPLETION – PROJECT MUST BE COMPLETED BY: Friday, August 22th, 2025.

It is agreed that the Contractor shall begin work under this Contract upon receipt of written notice to proceed and shall execute it in such manner as will bring the entire work to completion on or before September 15th, 2025, the date to be specified on the notice to proceed except as such time limits may be advanced in accordance with the provisions herein. The notice to proceed, rate of progress, and date of completion are considered essential elements of the Contract.

7. BID GUARANTY

A. The Bid must be accompanied by a Bid Guaranty, which shall not be less than 5% of the total bid. At the option of the bidder, the Guaranty may be a certified check, bank draft, negotiable U.S. Government Bonds (at par value) or a Standard Bid Bond. The Bid Bond shall be secured by a guaranty or surety company licensed to do business in Michigan. No Bid will be considered unless it is accompanied by the required Guaranty.

A certified check or bank draft must be made payable to the order of the Owner. Cash deposits will not be accepted. The Bid Guaranty shall ensure the execution of the agreement and the furnishing of the surety bonds or bonds by the successful bidder, all as required by the Contract Documents.

B. Certified checks, bank drafts or the amount thereof and negotiable U.S. Government

Bonds of unsuccessful bidders will be returned as soon as possible after bid opening.

8. STATEMENT OF BIDDER’S QUALIFICATIONS

After receipt of the Bids, if requested by the Owner, each bidder shall submit on a form furnished for that purpose a statement of the bidder’s qualifications including such items as his experience record in construction of the type of improvements embraced in the Contract Documents, his organization, and the equipment available for the work contemplated. Also, when specifically requested by the Owner, a detailed financial statement shall be furnished by the bidder.

The Owner shall have the right to take such steps as it deems necessary to determine the ability of the bidder to perform his obligations under the Contract and the bidder shall furnish the Owner all such information and data for this purpose as it may request. The right is reserved to reject any Bid where an investigation of the available evidence or information does not satisfy the Owner that the bidder is qualified to carry out properly the terms of the Contract. This review shall not be considered as approval by the Owner of the methods or equipment to complete the work.

9. UNIT PRICES

The unit price for each of the several items in the proposal of each bidder shall include it’s prorated share of overhead so that the sum of the products obtained by multiplying the quantity shown for each item by the unit price bid represents the total unit. Any bid not conforming to this requirement may be rejected as informal. The special attention of all bidders is called to this provision, for should conditions make it necessary to revise the quantities, no limit will be fixed for such increased or decreased quantities nor extra compensation allowed except for work not covered in the drawings and Technical Specifications.

10. EXPLANATIONS TO BIDDERS BY BULLETINS (INTERPRETATIONS)

A. Neither the Owner nor the Engineers will give verbal answers to inquiries regarding the meaning of the drawings or specifications, or give verbal instructions, previous to award of the contract. Any verbal statements regarding same by any person, previous to the award shall be inauthoritative.

B. Explanations desired by bidders shall be requested of 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 whose work is affected.

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 bulletin.

D. No inquiry received within 4 days of the date fixed for the opening of the bids will be given consideration.

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

11. TIME FOR RECEIVING BIDS

The Bids received prior to the advertised hours of opening will be securely kept sealed. The officer whose duty it is to open Bids will decide when the specified time has arrived. No Bid received thereafter will be considered except that when a bid arrives by mail after the time fixed for openings, but before reading of all other bids is completed and it is shown to the satisfaction of the Owner that the non-arrival on time was due solely to the delay in the mails for which the bidder was not responsible, such Bid will be received and considered.

12. OPENING OF BIDS

At the time and place fixed for the Opening of Bids, the Owner will cause to be opened and publicly read aloud every bid received with the time set for receiving bids. Bidders and other persons properly interested may be present in person or by representatives.

13. AWARD OF CONTRACT – REJECTION OF BIDS

A. The Contract will be awarded to the responsible bidder submitting the lower Bid complying with the conditions of the Invitation for Bids. The bidder to whom the award is made will be notified at the earliest possible date, but no bidder may withdraw his proposal after the advertised time of Opening Bids. The Owner reserves the right to reject any and all bids and to waive any informality in Bids received whenever such rejections or waiver is in its interest.

B. The Owner reserves the right to consider as unqualified to do the work of general construction any bidder who does not habitually perform with his own forces the major portions of the work involved in construction of the improvements embraced in the Contract Documents.

14. EXECUTION OF AGREEMENT, PERFORMANCE AND PAYMENT BOND

A. Subsequent to the award and within ten days after the prescribed forms are presented for signature, the successful bidder shall execute and deliver to the Owner an Agreement Form included in the Contract Documents in such number of copies as the Owner may require.

B. Having satisfied all conditions of award, as set forth elsewhere in these Documents, the successful bidder shall within the period specified in Paragraph “A” above, furnish surety bonds in a penal sum not less than the total amount of the bid as security for the faithful performance of the Contract and for the payment of all persons, firms or corporations to whom the contractor may become legally indebted for labor, materials, tools, equipment or services of any nature including utility and transportation services employed or used by him in performing the work. Such bond shall be in the same form as that included in the Contract Documents and shall bear the same date as or a date subsequent to that of the agreement. The current power of attorney for the person who signs for any surety company shall be attached to such bond. This bond shall be signed by a guaranty or surety company licensed to do business in Michigan acceptable to the Owner.

C. The failure of the successful bidder to execute such agreement and to supply the required bond or bonds within ten days after the prescribed forms are presented for signature, or within such extended period as the Owner may grant, based upon reasons determined sufficient by the Owner, shall constitute a default, and the Owner may either award the Contract to the next lowest responsible bidder or readvertise for Bids, and may charge against the original low bidder the difference between the amount of his bid and the amount for which a Contract for the work is subsequently executed, irrespective of whether the amount thus due exceeds the amount of the Bid Bond. If a more favorable bid is received by readvertising, the defaulting bidder shall have no claim against the Owner for a refund.

PROGRESS SCHEDULE

This contract shall be completed on or prior to ______September 15th, 2025______________.

An extension of time may be granted by the city in the event of the work being delayed, beyond the prescribed time for completion, by carriers, the elements, general strikes, accidents or other causes not under the Contractor’s reasonable control.

If, in the opinion of the Engineer, the Contractor does not concern himself with the timely completion of the contract, the extension of the completion date will not be allowed, and liquidated damages will be assessed accordingly.

Liquidated damages amounting to $1,200.00 per calendar day will be assessed based on the failure to complete the contract on or prior to ______ September 15th, 2025_______.

The City Engineer will arrange a pre-construction meeting between the low bidder and the City of Wayne representatives. This meeting shall be held within ten (10) working days after the notice to award in order to approve a detailed progress schedule for the project.

The sub-contractor(s), who materially affect the work schedule, shall also be present at the scheduled meeting, and they will be required to sign the Progress Schedule to indicate their approval of the scheduled dates of work set forth in the Progress Schedule.

THE PROGRESS SCHEDULE SHALL INCLUDE, AS A MINIMUM, THE STARTING AND

COMPLETION DATES FOR MAJOR ITEMS AND THE DATE THE PROJECT IS TO BE

OPENED TO TRAFFIC AS WELL AS THE FINAL PROJECT COMPLETION DATE.

Failure on the part of the Contractor to carry out the provisions of the Progress Schedule as established may be considered sufficient cause to prevent bidding future projects until a satisfactory rate of progress is again established.

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS, that we _______________________________________ hereinafter called the Principal, and _____________________________________________________ a corporation organized and existing under the Laws of the State of ____________________________ and duly authorized to transact business in the State of Michigan, hereinafter call the Surety, held and firmly bound unto the Owner as Obligee, in the just and full sum of ____________________________ Dollars ($_________________), lawful money of the United States of America to be paid to the said _____________________________________________________, which payments well and truly to be made we bind ourselves, our heirs, administrators, executors, successors and assigns jointly, severally and firmly by these presents.

The conditions of the above obligations is such that if said above principal has entered into a Contract with the said Obligee, dated the ____________ day of ______________, ____________, for the ______________________________________________ in connection with the construction of _____________________________________________________________ that from a part of the Project, which Contract is herein referred to and made a part hereof as fully and to the same extent as if the same were entirely written herein and whereas it was one of the conditions of the award of the said Obligee, pursuant to which said Contract was entered into that these present should be executed and the said Surety for the value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, work or to the Specifications.

NOW THEREFORE, if the above principal shall in all respects comply with the terms of the conditions of said Contract and his (their or its) obligations thereunder including the Specifications therein referred to and made part thereof and such alterations as may be made in such Specifications as herein or therein provided for then this obligation to be void or otherwise to be and remain in full force, effect and virtue.

Signed and Sealed this _____________________ day of ____________________, _______________, In the presence of:

Attest:

Principal (Seal)

__________________________________ By _______________________________

Business Address

Surety (Seal)

By _______________________________

Title

Attach Power of Attorney for individual signing Bond for Surety.

LABOR AND MATERIAL BOND

KNOW ALL MEN BY THESE PRESENTS, that we _______________________________________ hereinafter call the Principal and _______________________________________________________ , a Corporation organized and existing under the laws of the State of ____________________________ and duly authorized to existing under the laws of the State of Michigan, hereinafter called the Surety, and held and firmly bound unto THE CITY OF WAYNE, WAYNE COUNTY, MICHIGAN, hereinafter referred to as the CITY in the sum of __________________________________ Dollars ($______________________) to the payment whereof well and truly to be made we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly, severally and firmly by these presents.

Sealed with our Seals and dated this _____________________ day of ______________, __________ A.D. WHEREAS, the above named Principal has entered this ______________ day of ____________, ________, (hereinafter called the contract) for the __________________________________________ _______________________________________ in connection with the construction of ____________ that form a apart of the project, which contract and specifications for said work shall be deemed a part hereof as fully as if set out herein.

Whereas, this bond is given in compliance with and subject to the provisions of Public Act 213 of 1963, as amended, and Sections 13132 and 13136 inclusive of the complied laws of 1929, as amended;

all references are to laws to the State of Michigan.

NOW, THEREFORE, the conditions of the obligation as such that if payment shall be made by the principal or by him to any subcontractor as the sums may become due and payable to all indebtedness which may arise from him to a subcontractor or a party performing labor or furnishing materials or supplies or any subcontractor or any person, firm or corporation on account of any labor performed or materials or supplies furnished in the performance of said contract, then this obligation shall be void, otherwise to be in full force and effect.

AND, PROVIDED that any alteration which may be made in the terms of said contract or in the work to be done under it or the giving of the parts of the first part of said contract of any extension of time for the performance of said contract or any other forbearance on the part of either party to the other shall not, in any way, release the Principal, Surety or either of them, their heirs, executors, administrators, successors or assigns from any liability hereunder notice to the Surety of any such alteration, extension of time or any forbearance being waived.

Signed and Sealed this _____________________ day of ____________________, _______________, In the presence of:

Attest:

Principal (Seal)

__________________________________ By _______________________________

Surety (Seal)

By _______________________________

Title

Attach Power of Attorney for individual signing Bond for Surety.

MAINTENANCE AND GUARANTEE BOND

KNOW ALL MEN BY THESE PRESENTS, that we _______________________________________ as Principal, and _____________________________________________________________________ as Surety (Sureties), and held and firmly bound unto THE CITY OF WAYNE, WAYNE COUNTY, MICHIGAN, hereinafter referred to as the CITY, in the sum of _______________________________ Dollars ($_________________), for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns.

THE CONDITION of the foregoing obligation is such that, whereas the Principal did on the ___________ day of ___________, ____________ by articles of that date, enter into a Contract with The CITY for the construction of _______________________________________________________ and, as a condition precedent to receiving final payment on said Contract, to execute the Bond herein described.

NOW THEREFORE, the Principal guarantees that for a period of one (1) year from the date of completion and acceptance of the project he will, without cost to the CITY, keep in good order and repair any defect in the material or construction done under said Contract by his employees, agents, subcontractors, or material suppliers, that may develop during said time due to improper materials, defective equipment, workmanship or arrangements, and that he will likewise restore to good condition any work disturbed while correcting such defects, excepting only such part or parts of said work which may have been disturbed without his consent or approval after acceptance thereof by the CITY; and that whenever directed to do so by the CITY, through written notice served personally or by mail upon the Principal at ______________________________________________________________________ ________________________________________________, or upon the Surety (Sureties) at ________ ______________________________________________________, he will proceed at once to make the repairs specified, and in case of failure to do so, within one week from the date of service of said notice or such additional time as may be fixed therein, the CITY shall have the right to purchase such materials and employ such labor and equipment as may be necessary to undertake, do and make such repairs, and to be reimbursed by the Principal or Surety (Sureties). The CITY shall not be obliged to obtain the lowest bids for doing the work, or and part thereof, but all sums actually paid therefore shall be reimbursed by either the Principal or Surety (Sureties). In this connection, the judgment of the CITY shall be final and conclusive. If the Principal, for a period of one (1) year from the date of completion and acceptance, shall keep the work done under the aforesaid Contract in good order and repair, excepting the only such part of parts of said work which may have been disturbed without his given consent or approval after acceptance thereof by the CITY for expenses incurred in making such repairs, and shall fully indemnify, defend and save the CITY harmless from all suits and actions for damages of every name and description brought or claimed against it, for or on account of any injury or damage to person or property received or sustained by any part or parties, by or from any of the acts or omissions or through the negligence of the Principal’s employees, agents, subcontractors or material suppliers in the performance of the work required by said Contract, and from any and all claims arising under the Workman’s Compensation Act of the State of Michigan, as amended, then the above obligation shall be void, otherwise to remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective authorized officers this _______________ day of ________________, A.D.____________.

Signed, Sealed and Delivered in the Presence of:

(L.S.)

(L.S.)

(L.S.)

CONTRACTOR’S DECLARATION

I hereby declare that I have not, during the period __________________________________________ ____________________________, A.D. __________________________, 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 Wayne, the Owner, or it’s agents, in addition to the regular items set forth in the contract, dated __________________________________, A.D. ______________, for ___ executed between myself and the City of Wayne, and in the Change Orders for work issued by the City of Wayne in writing as provided thereunder, except as I hereby make claim for additional compensation and/or extension of time, as set forth on the itemized statement.

There is/is not an itemized statement attached.

The Contractor further certifies that all his indebtedness for labor and materials incorporated in the work covered by this estimate has been fully paid and/or satisfactory arrangements with materials supplies have been made.

Contractor

By _______________________________

Time _____________________________

Date ______________________________

CONTRACTOR’S AFFIDAVIT

STATE OF MICHIGAN

COUNTY OF _____________

The undersigned Contractor, __________________________________________________________, hereby represents that on _____________________________________, he (it) was awarded a Contract by the City of Wayne, Wayne County, Michigan, to _________________________________ in accordance with the terms and conditions of Contract No. ___________________________, and 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 the said Contract has been fully paid or satisfactorily secured; and that all claims from subcontractors and others for labor and materials used in accomplishing the said project, as well as all other claims arising from the performance of the said Contract, have been fully paid or satisfactorily settled. The undersigned further agrees that, if any such claim should hereafter arise, he (it) shall assume responsibility for the same immediately upon request to do so by the said City of Wayne.

The undersigned, for valuable considerations, the receipt of which is hereby acknowledged, does waive, release and relinquish any and all claims or right of lien which he (it) now has or may hereafter acquire upon the subject premises for labor and material used in accomplishing said project owned by the said City of Wayne.

This affidavit is freely and voluntarily given with full knowledge of the facts, on this ______________ day of _________________, __________________.

(Contractor)

By _______________________________

Title ______________________________

Subscribed and sworn to before me on this _______ day of ________, _________.

Notary Public County, Michigan

My commission expires: _______________________________

GENERAL CONDITIONS

Section

1. Contract Documents

2. Definitions

3. Intent of the contract documents

4. Contract drawings and specifications

5. Shop drawings

6. Soil conditions

7. “Or Equal: clause

8. Patents and infringements

9. Superintendence

10. Workmen

11. Subcontracting

12. Engineer’s status

13. Inspector’s status

14. Inspection

15. Protection of work

16. Accident protection

17. Working space

18. Use of site

19. Order of completion – Use of completed portion

20. Permits, surveys and compliance with laws

21. Laying out work

22. Survey monuments

23. Sanitary regulations

24. Report of errors and discrepancies

25. Estimated quantities

26. Limitations of liability

27. Indemnification, insurance, responsibility and public safety

28. Performance bond

29. Labor and material bond

30. Maintenance and guarantee bond

31. Forfeiture of contract

32. Definition of notice

33. Additional or omitted work – payment

34. Deduction for uncorrected work

35. Time limit of contract

36. Extension of time

37. Estimates and payments

38. Fair employment practices act

39. Force account balance

1. CONTRACT DOCUMENTS

The Contract Documents shall consist of the Notice to Bidder, Proposal, General Conditions, Specifications, Bonds, Plans, Drawings, Contract and any additional documents which may be made a part of the contract.

2. DEFINITIONS

Certain terms when used in the Contract Documents shall be respectively defined as follows:

“City or Owner” The City of Wayne

“Contractor” The person, firm or corporation to whom the contract is awarded by the owner and who is subject to the terms hereof.

“Subcontractor” The person, firm or corporation, other than a contractor, supplying labor and/or materials which contribute in any manner to performance of the within Contract.

“Surety” Any person, firm or corporation that has executed, as surety, the

Contractor’s bonds securing the performance of the within Contract.

“Engineer” The City Engineer or the City of Wayne or any of its designated representatives.

3. INTENT OF THE CONTRACT DOCUMENTS

The Contract Documents contained herein shall be the basis of the contract. The contract price, as such term is used in the Contract Documents, shall include the cost of all superintendence, labor and materials, and all other expense necessary for the proper execution of the work.

The specification, schedules, plans and drawings herein referred to shall be taken together to explain each other and to make the whole consistent. Work shown on a plan and not mentioned in the specifications, or vice-versa, shall be performed as if shown by both, and in case of ambiguity in the plans or specifications, the Engineer will decide as to the correct interpretation thereof.

The City of Wayne’s standard specifications for street construction consists of the latest edition Standard Specifications for Construction/MDOT, and may be obtained from the Michigan Department of Transportation by calling (517) 322-1676. Where errors or omissions are encountered in the contract documents, the applicable sections of the latest edition Standard Specifications for Construction/MDOT will prevail.

When not otherwise specifically defined in the Contract Documents, words therein which describe materials or work having a well-known technical or trade meaning, recognized by architects, engineers and the trade, shall be construed in accordance with such meaning.

4. CONTRACT DRAWINGS AND SPECIFICATIONS

The Contractor shall be held to have compared the premises with the contract drawings and specifications, prior to submitting a proposal, and to have fully informed himself as to the conditions of the premises, existing structures and any other conditions affecting the carrying out of the work. No additional consideration or compensation will be allowed by reasons of obvious errors or omissions in the contract drawings or specifications.

Unless otherwise provided in the Contract Documents, the City will furnish the Contractor, free of charge, copies of all contract drawings and specifications reasonably necessary to carry out the work.

All work shall strictly conform to the contract drawings and specifications, and the Contractor shall not proceed without reference thereto.

Approved or conformed copies of the contract drawings and specifications shall be maintained at the work-site by the Contractor and be made available to the City at all times.

5. SHOP DRAWINGS

The Contractor shall submit to the Engineer all shop or setting drawings and schedules required for the work, make any corrections therein required by the Engineer, and resubmit same without delay. Approved or conformed copies of all shop or setting drawings shall be maintained at the worksite by the Contractor and always made available to the City.

6. SOIL CONDITIONS

The Contractor shall be held to have made his own determination of soil conditions on the premises, prior to submitting a Proposal, and shall complete the work in whatever soil materials and under whatever conditions he may encounter or create, without additional cost to the Owner. This shall apply whether or not borings are shown on the drawings.

7. “OR EQUAL” CLAUSE

Whenever an article, material, or item of equipment is specified in any of the Contract Documents by describing a proprietary product, or by using the name of a manufacturer or vendor, the term “or equal”, if not inserted, shall be implied.

The specified article, material, or item of equipment is understood as indicating the type, function, minimum standard of design, efficiency and quality desired and shall not be constructed in such a manner as to exclude manufacturers products of comparable quality, design and efficiency. The Contractor shall comply with requirements in the Contract Documents relative to the City’s approval of materials and equipment before they are incorporated into the work.

8. PATENTS AND INFRINGEMENTS

The Contractor agrees to indemnify and save the City, its servants and agents, harmless against any and all claims for royalties or infringements or patent rights in respect to tools, appliances, equipment, processes or systems of construction and materials made, furnished or used under this Contract, and to defend at his own expense, any and all suits at law or in equity which may be brought against the City, its servants or agents, for such claims; provided however, that the City, its servants or agents, gives the Contractor immediate notice in writing of the institution of such suit and authorizes him to defend the same, furnishing him with such reasonable assistance and available information as will enable him to so defend. The provisions of this paragraph shall be binding upon the parties hereto, notwithstanding anything to the contrary implied or expressed elsewhere in any of the Contract Documents.

9. SUPERINTENDENCE

The Contractor shall give his personal superintendence to the work or have at the site of the work at all times a competent foreman, superintendent or other representative who is satisfactory to the City and who has authority to act for the Contractor. Absence of such a representative shall be cause for the project to be shut down.

10. WORKMEN

The Contractor shall employ only competent, efficient workmen who are skilled in the work assigned to them and shall at all times enforce strict discipline and good order among his employees. Whenever the Engineer shall notify the Contractor, in writing, that in his opinion any man so employed is careless, incompetent, disorderly or otherwise unsatisfactory, such man shall be relieved from the work and shall not again be employed thereon except with the written consent of the Engineer.

11. SUBCONTRACTING

The Contractor shall retain more than 50% of the dollar value of the project items for his own forces to complete. If sub-contractors are to be used, the Contractor shall submit a list of sub-contractors along with references for each to the Engineering Department for their review and approval. In no case will a sub-contractor be allowed to sub-contract any portion of his work.

The Contractor shall be as fully responsible to the City for the acts of omissions of his subcontractors and the people they employ as he is for his own acts and omissions.

12. ENGINEER’S STATUS

The Engineer shall have general supervision and direction of the work, and authority to stop such work whenever necessary to insure proper performance of this Contract. He shall also have authority to reject all work and materials which do not conform with the contract, to direct the application of forces to any portion of the work, as in his judgment is required, and to decide questions which arise in the course of such work.

13. INSPECTOR’S STATUS

The City may appoint on-the-job inspectors who shall be under the direction of the Engineer.

Such inspector will inform the Engineer as to the work progress, the manner in which it is being done, and the quality of the materials being used. They will call the contractor’s attention to any observed failure to follow the plans and specifications. They shall have the authority to reject materials or workmanship which are defective and to suspend the work until any questions concerning compliance with the contract can be referred to and decided by the Engineer; but they shall have no authority to direct the Contractor’s work or workmen, to supervise the Contractor’s operations or to change the contract plans or specifications.

In no instance shall any action or omission on the part of an inspector release the Contractor from his responsibility to complete the work in accordance with the plans and specifications.

14. INSPECTION

The City and its representatives shall at all times have access to the work whenever it is in progress and the Contractor shall provide proper facilities for such access and for inspection.

The City shall have the right to reject materials and workmanship, which are defective, or to require their correction. Rejected workmanship shall be satisfactorily corrected and rejected materials shall be promptly removed from the premises without charge to the City. If the Contractor does not correct such condemned work and remove rejected materials within a reasonable time, fixed by written notice, the city may remove them and charge the expense to the Contractor.

Should it be considered necessary or advisable by the City at any time before final acceptance of the entire work to make an examination of work already completed, by removing or tearing out same, the Contractor shall, on request, promptly furnish any necessary facilities, labor and materials. If such work is found to be defective in any material respect, due to the fault of the Contractor, or his subcontractors, he shall defray all the expenses of such examination and of satisfactory reconstruction. If, however, such work is found to meet the requirements of the Contract, the actual cost of labor and material necessarily involved in the examination and replacement, plus 15% shall be allowed this Contractor.

15. PROTECTION OF WORK

The Contractor shall continuously maintain adequate protection of all his work from damage and shall protect the City’s and adjacent property from injury arising in connection with the Contract.

The work under this Contract shall be at the risk of the Contractor in every respect until finished and accepted by the City.

The Contractor shall furnish and maintain necessary passageways, guard fences, lights and such other facilities and means of protection as may be needed.

16. ACCIDENT PREVENTION

Precaution shall be observed at all times for the protection of persons including employees and property. The safety provisions of applicable laws, as well as building and construction codes shall be observed. Machinery and equipment shall be guarded, and all hazards guarded or eliminated, in accordance with the safety provisions of the Manual of Accident prevention in Construction, published by the Associated General Contractors of America, to the extent that such provisions are not in contravention of applicable laws.

Substantial barricades shall be erected as deemed necessary to prevent accidents to vehicular or pedestrian traffic and posted by the Contractor at all points of possible danger. In case detours or other traffic instructions are necessary, suitable warning or direction devices shall be installed and maintained by the Contractor.

Should the Contractor fail to comply with any provision or this Contract, affecting the public welfare or safety, the City may, with or without notice, cause the necessary precaution to be taken and will deduct the cost of such work from any money due or to become due the Contractor under this Contract, but the performance of such work by the City, or at its direction, shall not release the Contractor from his general or particular liability for the safety or persons or property.

17. WORKING SPACE

The Contractor shall confine his equipment, apparatus, materials storage and operations to limits indicated by applicable laws, permits or directions of the City and shall not unnecessarily encumber the premises with his materials.

Should the Contractor require space on privately owned property, he shall obtain such space at his own expense by agreement with the owner thereof.

18. USE OF THE SITE

In his operations with the Contractor shall interfere as little as possible with traffic and shall in no case unduly obstruct traveled ways.

The Contractor shall at no time interfere with surface or underground drainage. Free access shall be provided at all times to hydrants and water and gas valves.

The Contractor shall enforce the City’s instructions regarding signs, advertisements, fires and smoke.

19. ORDER OF COMPLETION – USE OF COMPLETED PORTION

The Contractor shall cooperate with the City, when reasonably possible, to complete any portion or portions of the work in such order of time as will be beneficial to the City without prejudice to the Contractor’s interests. Use of a completed portion of the work by the City shall not be deemed as acceptance of the work so used or any part thereof.

20. PERMITS, SURVEYS AND COMPLANCE WITH LAWS

The Contractor shall secure and pay for all permits, fees and licenses (including such fees that may be assigned to the City of Wayne as permit holder) necessary for performance of the work unless otherwise specifically provided in the Contract Documents.

The City shall furnish all surveys unless otherwise provided in like manner.

The Contractor shall give all notices, pay all fees, and comply with all applicable laws, as well as rules and regulations bearing on the conduct of the work.

21. LAYING OUT WORK

Principal reference lines or points and benchmarks shall be given by the Engineer when he deems necessary; or he shall be given twenty-four (24) hour advance notice if the Contractor requires such information.

The Engineer will set suitable stakes and marks showing the locations and elevations of the various parts of the work and will furnish the Contractor with cut sheets referring to the reference points. No work shall be undertaken until such stakes and marks shall have been set.

The Contractor shall assure that the work at all times proceeds in accordance with the stakes and marks and shall provide all labor and materials to locate the work accurately with respect to the reference points.

The Contractor shall carefully preserve reference points and stakes and in case of willful or careless destruction thereof, he will be charged with the resulting expense and shall be responsible for any errors that may be caused by their loss or disturbance.

22. SURVEY MONUMENTS

The Contractor shall protect and preserve all land survey monuments or property corners along the line of this work. Where monuments or irons are unavoidably disturbed or removed due to operations under this Contract, the Contractor, at his own expense, shall employ the services of a registered land surveyor to establish, reset or replace such monuments or irons.

23. SANITARY REGULATION

Necessary sanitary conveniences for the use of laborers on the work, properly secluded from public observation, shall be constructed and maintained in sanitary condition by the Contractor, and their use shall be strictly regulated.

24. REPORT OF ERRORS AND DISCREPANCIES

If, in the course of the work, the Contractor finds any discrepancies between the plans and the physical conditions encountered, or any errors or omissions in the plans of layout, it shall be his duty to immediately inform the Engineer in writing. Any work done after such discovery, until authorized by the Engineer, will be at the Contractor’s risk.

25. ESTIMATED QUANTITIES

The quantities of the various classes of work to be done and materials to be furnished under the Contract, which have been estimated as stated elsewhere herein, are approximate and only for the purpose of comparing, on a uniform basis, the bids offered for the work under this Contract, and neither the City nor its agents are to be held responsible should any of the estimated quantities be found incorrect during the performance of the work; and the Contractor shall make no claim for anticipated profit, nor for loss of profit, because of a difference between the quantities of the various classes of work actually done or materials actually delivered, and the estimated quantities as herein stated.

26. LIMITATION OF LIABILITY

The Contractor affirmatively represents that he is skilled and experienced in the use and interpretation of plans and specifications such as those included in the bid documents of this contract. Further, he also affirmatively represents that he has carefully reviewed the plans and specifications of this contract and that he has based his bid solely on these documents, not relying in any way on any explanation or interpretation – oral or written – from any other source. Unless the Contractor shall give written notice to the design professional of any ambiguities contained in the plans and specifications prior to the submission of its bid, the Contractor agrees that it shall be conclusively presumed that the Contractor has exercised his aforementioned skill and experience and found the plans and specifications sufficient and free from ambiguities, errors or omissions for the purpose of determining its contract bid price for the performance of the work in conformity with the drawings and specifications.

Submission of a bid without prior written notice to the design professional of any claimed ambiguities, errors or omissions shall constitute a waiver of any and all claims by the Contractor which would affect the bid price based upon any alleged ambiguities, errors, omissions or the like, in the drawing or specifications.

It is understood and agreed between the parties thereto that this limitation of liability clause shall be confined in application to only those matters affecting the contract bid price and shall not affect any party’s liability for personal injury or property damage arising or resulting from the sold negligence of any party, his agents or employees.

27. INDEMNIFICATION, INSURANCE, RESPONSIBILITY AND PUBLIC SAFETY

Indemnification

The Contractor agrees to indemnify, defend and save harmless the Owner and the Engineer, their consultants, agents and employees, from and against all loss or expense (including costs and attorney’s fees) by reason of liability imposed by law upon the Owner and the Engineer, their consultants, agents and employees for damages because of bodily injury, including death at any time resulting there from, sustained by any person or persons or on account of damage to property including loss of use thereof, arising out of or in consequence of the performance of this work, whether such injuries to persons or damage to property is due or claimed to be due to the negligence of the Contractor, his subcontractors, the Owner or Engineer, their consultants, agents and employees except only such injury or damage due to any professional negligent act, error and omission of the Owner and Engineer, their consultants, agents and employees.

Qualifications of Insurance Companies

All Insurance required under these specifications shall be furnished by an insurance company qualified to do business in the State in which the work is located and shall have a rating of A:AAAAA, as listed in the current issue of A.M. Bests “Key Rating Guide.”

Certificates of Insurance shall be on the form of certificate included in these specifications.

Workmen’s Compensation and Employer’s Liability Insurance

The Contractor shall procure and maintain in force during the life of this contract, Workmen’s Compensation Insurance, as required by the statues of the State in which the work is located for all of his employees engaged in the work connected with this Contract. If the work involves maritime or railroad exposure which required coverage under the Longshoreman’s and Harbor Worker’s Act or under the Maritime and Federal Employers Liability Act, in lieu of or in addition to Workmen’s Compensation policy shall be endorsed to define the scope of coverage for the Contractor’s corporate officers or partners if required by the Workmen’s Compensation Law of the State in which the work is located.

The Contractor shall also procure and maintain in force during the life of this Contract, Employer’s Liability Insurance in an amount not less than $100,000.

Before starting the work, the Contractor shall file with the Owner and the Engineer, certificates of the above-described insurance, acceptable to the Owner.

Comprehensive General Liability Insurance

The Contractor shall procure and maintain during the life of this Contract Comprehensive General Liability Insurance to protect from claims for damages because of bodily injury, sickness or disease or death of any person other than the Contractor’s employees including claims insured by personal injury liability coverage and from claims for injury or destruction of tangible property including loss of use resulting there from any and all of which may arise out of or result from the Contractor’s operations under the Contract whether such operations be by himself or by any subcontractor or anyone directly or indirectly…