2025 FIRE STATION 3 BAY FLOOR BID - FINAL.pdf

CITY OF LIVONIA – REQUEST FOR BID

FIRE STATION #3

REPAIR AND REPLACE APPARATUS BAY FLOOR

The City of Livonia Michigan HOUSING COMMMISSION will receive sealed bids via the MITN WEBSITE ONLY (www.mitn.info) for REPAIR AND REPLACE APPARATUS BAY FLOOR located at Fire Station #3, 35000 seven Mile Rd. Livonia, MI 48152 according to the scope of work and specifications herein. Sealed bids will be received by 2:00 p.m., on SEPTEMBER 16, 2025.

No faxed bids will be accepted. No late bids will be accepted. No physical bids will be accepted.

All bid responses must be submitted in Adobe Acrobat PDF format via the MITN website.

Bids received via the MITN website by the specified due date and time will be publicly opened at the due date and time via Zoom. Vendors may attend the bid opening virtually by using the following credentials:

By Computer:

https://us02web.zoom.us/j/82294127641

By Phone:

Phone (312) 626-6799 Webinar ID: 822 9412 7641

The City reserves the right to reject in whole or in part any and all bids received, to waive any irregularities or informalities or both as it is determined to be in the best interests of the City of Livonia to do so.

The City of Livonia officially distributes bid documents through the Michigan Intergovernmental Trade Network (BidNet). Bid documents obtained from any other source are not considered official copies. The City of Livonia cannot guarantee the accuracy of any information not obtained from the MITN website and is not responsible for any errors contained by any information received from alternate sources. Only those firms who obtain the RFB documents from the MITN system are guaranteed access to receive addendum information if such information is issued. If you obtained this document from a source other than the source indicated, it is recommended that you register on the MITN site, www.mitn.info and obtain an official copy.

MANDATORY PREBID MEETING:

A mandatory prebid meeting will be held on FRIDAY, SEPTEMBER 5, 2025, at 10:00 a.m. at the FIRE STATION #3 (address referenced above). Bids will not be considered from firms not in attendance at the mandatory prebid meeting.

QUESTIONS:

Questions regarding the Request for Bid must be submitted in writing to the attention of Gus Kandah, Purchasing Manager, via email at: gkandah@livonia.gov. All questions received by SEPTEMBER 12, 2025, by 3:00 p.m., will be responded to in writing in the form of an addendum which will be posted on the MITN website. No phone calls will be accepted. All inquiries regarding this solicitation shall be submitted to the Purchasing Manager.

https://us02web.zoom.us/j/82294127641 http://www.mitn.info/ mailto:gkandah@livonia.gov.

Important Dates

• AUGUST 13, 2025 - Bid Documents Available

• SEPTEMBER 5,2025 10:00 a.m. – Mandatory Prebid Meeting

19300Purlingbrook (meet in the lobby)

• SEPTEMBER 12, 2025 - Last Day to accept questions. All questions must be submitted in writing. No phone calls will be accepted. Email questions to Gus Kandah, Purchasing Manager at gkandah@livonia.gov.

• SEPTEMBER 16,2025 – Bid Due Date. Bids must be uploaded to the MITN website in Adobe Acrobat PDF Format.

RESPONSIVE BIDS

All pages and the information requested herein shall be furnished completely in compliance with instructions. The manner and format of submission is essential to permit prompt evaluation of all bids on a fair and uniform basis. Accordingly, the City reserves the right to declare as non-responsive and reject an incomplete bid if material information requested is not furnished, or where indirect or incomplete answers or information is not provided. Any exceptions to the specification must be noted on the bid form. Vendors are responsible for obtaining measurements and familiarizing themselves with the area to where the work will be performed.

REFERENCES

Please provide at least three (3) references, with contact names and phone numbers, of similar projects that you have done in the last five years.

FINAL INSPECTION AND ACCEPTANCE

Upon completion of all work and prior to submission of the final invoice the contractor shall conduct a walk-through with Lieutenant Pete Keen, Pkeen@lfdmail.com, 734-315-0777. A written punch list of items shall be documented as a result of the walkthrough. All punch list items must be resolved to the satisfaction of the City for payment of invoice to be authorized.

Upon submission of final invoice all work areas shall be neat and clean free of clutter and debris.

WARRANTY

A copy of the manufacturer’s warranty shall be included with the proposal response submitted by the vendor. Vendor shall specify the warranty to be provided on labor performed. Warranty information shall also document any activity which could void the warranty. Vendor shall ensure that any material or workmanship defect will be properly addressed and resolved by the Manufacturer/Vendor within the warranty period which begins AFTER the final acceptance of work performed.

- 2 -mailto:gkandah@livonia.gov.

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ROUTINE CARE AND MAINTENANCE

The successful vendor shall provide two (2) sets of manuals for proper care, cleaning and maintenance of all components and hardware installed.

EQUIPMENT

All materials offered in response to the bid shall be new. All flooring offered shall meet or exceed the requirements specified herein. The City shall be the final decision maker as to whether or not products/installation meets requirements.

JOB SITE CONDITIONS

Contractors shall make reasonable efforts to maintain a safe, neat work environment.

WORK SITE DEBRIS

Vendor shall be responsible for proper disposal of all debris created as a result of work performed. Vendor shall provide a dumpster for disposal of debris.

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FIRE STATION #3 - SCOPE OF WORK

The City of Livonia FIRE DEPARTMENT seeks bids from qualified firms to furnish and install all labor, materials and supplies necessary to complete REPAIR AND INSTALLATION OF NEW APPARATUS BAY FLOORING at FIRE STATION #3 located at 35000 Seven Mile Rd., Livonia, MI. Work shall consist of preparation of floor to apply Ultra Collection Full Broadcast Floor. Prices will include all labor, materials, equipment, and incidentals needed to complete the project.

MINIMUM SPECIFICATIONS:

A. All work shall be scheduled with Lieutenant Pete Keen, Fire Station #3. The successful contractor shall provide a detailed schedule and corresponding highlighted plan for all the work to be performed. All work will be performed during normal hours 8:00 a.m. – 8:00 p.m.

B. PRICING MUST BE OFFERED ON FORMS PROVIDED BY THE CITY OF

LIVONIA. DO NOT SUBSTITUTE VENDOR FORMS.

C. Contractor shall grind the strip the apparatus bay floor and repair any cracks or failures in the concrete to provide adequate surface for new flooring material.

D. The area of flooring to be redone is the main bay floor, and one small utility room.

E. The contractor shall apply Ultra Collection full broadcast floor with Proprietary Moisture Mitigation Color Coat and full broadcast Chip system with Proprietary Top Coat and Anti-Skid Media.

F. Color to be chosen by LFD at pre-bid meeting.

G. The floor shall consist of an epoxy AND a top coat.

H. The contractor shall include a warranty that covers damages or failure of the floor due to hydrostatic pressure.

I. The job will be completed at an active full time fire station, so the contractor shall prepare and accommodate for working with on duty crews.

J. The project will need to be split into two phases, as to allow for frontline apparatus to remain in service in the building.

K. The contractor shall also keep the work area clean and prevent dust or debris from entering any other parts of the fire station that are not included in this project.

L. The contractor shall not use subcontractors in any phase of the project.

M. Provide an adequate size dumpster for disposal of flooring and debris related to the project. Provide dumpster for removal at the end of the project. The dumpster must be removed within one week of project completion. The vendor shall confirm with Fire Station #3 staff the approved location for dumpster placement.

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N. Awarded vendor shall perform installation in accordance with the manufacturer’s recommended installation procedures utilizing recommended materials. Any

O. City will consider the bidder’s reputation and ability to deliver services.

COMPLETION AND DELIVERY:

The City desires the awarded contractor to begin work at the LIVONIA FIRE STATION #3 within fifteen (15) working days from notice to proceed and completed with the utmost speed consistent with good workmanship. Work shall begin no earlier than 8:00 a.m. on weekdays with the cleanup completed by 8:00 p.m.

Monday through Friday; Saturday work under exceptional circumstances. The awarded contractor shall provide all necessary provisions to provide a safe environment for all residents during removal and installation of said project.

MANDATORY REQUIREMENTS:

The successful contractor shall ensure/understand that:

1. The firm will work closely with City staff during all phases of the work.

2. All licenses required for discipline by the State of Michigan shall be maintained during the project.

3. The firm will provide a single point of contact for the duration of the project.

4. The firm will not proceed with the project without a written notice from the

City of Livonia Fire Department.

5. The firm will ensure timely completion of plans and specifications.

6. All required insurances are to be maintained by the firm during the contract.

7. The firm will provide weekly written project status reports to the City.

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FORM OF PROPOSAL

Honorable Members of the City Council 33000 Civic Center Drive Livonia, MI 48154

Council Members:

The undersigned, as vendor, declares that he has familiarized himself with the type of project desired and has carefully examined the specifications and instructions to vendors, which he understands and accepts as sufficient for the purpose and agrees he will furnish to the City of Livonia the specified items and will accept in full payment therefore the following amounts:

COMPANY NAME:

Furnish all labor, materials, equipment, and services necessary to complete REMOVE AND REPLACE APPARATUS BAY FLOORING (Livonia Fire Station #3) in accordance with the scope of work provided.

Item Description Complete for the Sum of:

1 Repair, prepare, and install new apparatus bay floor with Ultra Collection full broadcast floor with proprietary moisture mitigation color coat and full broadcast chip system with proprietary top coat and anti-skid media.

• Number of days to complete work: days

• Lead time for materials: days

• Warranty: Labor_________________ Materials:_____________________

• Upon notice to proceed work will begin in days

The contractor and their sub-contractors agree that they will not discriminate against any employee or applicant for employment, to be employed in the performance of this contact with respect to their hire, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment, because of their sex or age, except when based on a bona fide occupational qualification, or because of their race, color, religion, national origin or ancestry. (Act 453 P.A. 1976 As Amended) The contractor further agrees that they will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to age, sex, race, creed, color, or national origin. Breach of this contract may be regarded as a material breach of contract.

Bidder will identify business entity as individual, or if doing business under assumed name, indicate assumed name, partnership, (naming partners), corporation, foreign or domestic (naming principal officers), and indicate official capacity of person executing proposal and bid.

Date Firm Name

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(If corporation, partnership, or assumed name)

Address Signature (Person executing bid and official capacity)

Print Name

City State Zip Code

Email

Phone FAX

CONTACT PERSON TO WHOM QUESTIONS REGARDING PROPOSAL RESPONSE

SHOULD BE DIRECTED:

NAME: TITLE:

PHONE:

EMAIL:

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Vendors must upload their bid response in Adobe Acrobat PDF format including the documents listed below:

Form of Proposal Pages

References

Subcontractor’s List

Statement of Qualifications

Company Overview

Project Approach

Project Timeline (to include lead times)

Warranty Information

Descriptive product/materials literature to include color palettes/options.

Request for Bid – REPAIR AND REPLACE APPARATUS BAY FLOOR

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SUBCONTRACTOR LIST

ITEM COMPANY NAME

ADDRESS:

CITY/STATE:

PHONE:

CONTACT PERSON:

EMAIL

ADDRESS:

CITY/STATE:

PHONE:

ITEM COMPANY

NAME

ADDRESS:

CITY/STATE:

PHONE:

ADDRESS

CITY/STATE:

PHONE:

STATEMENT OF QUALIFICATIONS

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REPAIR AND REPLACE APPARATUS BAY FLOOR REFERENCE FORM

COMPANY NAME:

Reference Company Name:

City/State:

Summary of Work Performed:

Dates of Work:

Company Contact Person: Title:

Phone Number: Email:

Summary of Work Performed:

Dates of Work:

Summary of Work Performed:

Dates of Work:

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REPAIR AND REPLACE APPARATUS BAY FLOOR

Bidders must answer all questions. If more space is needed to complete a question, attach a separate sheet.

Company Name:

Address

Contact Person: Title

Phone No. Email

1. Number of years operating under you present name:

2. General nature of work performed by your company:

3. Number of years you have performed work similar in scope and size to the work requested in the Invitation for Bid:

4. Has your company performed work for the City of Livonia in the last FIVE (5) years? If so, please specify:

Year of Service Department Serviced Description of Services

Provided

5. List the members of the team who will be assigned to this project and the roles they will perform.

Name Title Role Years of

Experience Number of other projects currently assigned

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Statement of Qualifications Continued

6. Provide a current list of projects currently underway or scheduled to begin in the next six

(6) months

Client Project Description Start Date End Date

7. What challenges do you foresee with this project?

8. State exceptions/assumptions taken in submitting bid:

9. What is included in your base price for services? What services will incur additional fees:

10. What costs ARE NOT INCLUDED in your base bid?

PROOF OF LIABILITY INSURANCE REQUIREMENT

CITY OF LIVONIA PROJECTS

INS-1

Insurance Carrier letterhead (NOT agent or agency letterhead)

Date

City of Livonia 12973 Farmington Road Livonia, MI 48150

Ref: Name of Company (vendor)

Carrier: Name of Insurance Carrier Policy No: number Policy Term: START and END dates

To Whom It May Concern:

Refer to attached certificate issued (date) and the following:

Notwithstanding the disclaimers on the referenced certificate, the coverages, coverage amounts, and expiration dates stated on the certificate are true and correct in all particulars, and the attached endorsement describes the notice the city of Livonia will receive prior to any change or cessation of coverage.

Sincerely, Name Title Company

PROOF OF LIABILITY INSURANCE REQUIREMENT

CITY OF LIVONIA PROJECTS

INS-2

THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY

EARLIER NOTICE OF CANCELLATION PROVIDED BY US

Ref: Name of Company (vendor)

Carrier: Name of Insurance Carrier Policy No: number Policy Term: START and END dates

Number of days’ notice: 30

For any statutorily permitted reason, the number of days required for notice of cancellation is increased to the number of days shown in the schedule above.

If this policy is cancelled by us we will send the named insured and any party listed in the following schedule, notice of cancellation based on the number of days’ notice shown above.

SCHEDULE

Name of Person or Organization

The name of Person or Organization is any person or organization holding a certificate of insurance issued for you, provided the certificate:

1. Refers to this policy.

2. States that notice of:

a. Cancellation;

b. Nonrenewal, or

c. Material change reducing or restricting coverage;

Will be provided to that person or organization.

3. Is in effect at the time of the:

a. Cancellation

b. Nonrenewal; or

c. Material change reducing or restricting coverage; and

4. Is on file at your agent or broker’s office for this policy.

Mailing Address The mailing address is the address shown for that person or organization in that certificate of insurance.

IL 70 02 09 11

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADVANCE NOTICE OF CANCELLATION,

NONRENEWAL OR COVERAGE REDUCTION OR

RESTRICTION PROVIDED BY US

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE

Number of Days’ Notice 30

If this policy is cancelled (other than nonpayment of premium) or nonrenewed or if the coverage provided by this policy is reduced or restricted (except for any reduction in the Limits of Insurance due to claims payments), we will provide written notice to the person(s), or organization(s) listed in the Schedule.

We will provide this notice by mail 30 days in advance of any policy cancellation, nonrenewal or coverage reduction or restriction or as indicated in the Number of Days’ Notice in the Schedule.

All terms and conditions of this policy apply unless modified by this endorsement.

INS-5

IL 70 02 09 11 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission.

Address

12973 FARMINGTON ROAD

LIVONIA, MI 48150

Person(s) or Organization(s)

CITY OF LIVONIA

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REMINDERS TO BIDDERS

1. EXAMINATION OF BID DOCUMENT-Before submitting a bid, bidders shall carefully examine the specifications and shall fully inform themselves as to all existing conditions and limitations. The bidder shall indicate in the bid the sum to cover the cost of all items included on the bid form.

2. PREPARATION OF BID-The bid shall be legibly prepared in ink or typed. If a unit price or extension already entered by the bidder on the Bid and Award form is to be altered, it shall be crossed out and the new unit price or extension entered above or below and initialed by the bidder with ink. The bid shall be legally signed, and the complete address of the bidder given thereon.

4. EXPLANATION TO BIDDERS-Any explanation desired by a bidder regarding the meaning or interpretation of the Request for Bids (RFB) and attachments must be requested in writing, and with sufficient time allowed for a reply to reach all prospective bidders before.

The submission of their bid. Any information given to a prospective bidder concerning the RFB will be furnished to all prospective bidders as an amendment or addendum to the RFB if such information would be prejudicial to uninformed bidders. Receipt of amendments or addenda by a bidder must be acknowledged in the bid by attachment, or by letter or telegram received before the time set for opening of bids. Oral explanation or instructions given prior to the opening will not be binding.

5. CASH DISCOUNTS-Discounts offered for payment within less than thirty (30) days will not be considered in evaluating bids for award. Offered discounts of less than thirty (30) days will be taken if payment is made within the discount period, even though not considered in evaluation of the bid.

6. WITHDRAWAL OF BIDS-Bids may be withdrawn in person by a bidder or authorized representative, provided their identity is made known and a receipt is signed for the bid, but only if the withdrawal is made prior to the exact time set for receipt of bid. No bid may be withdrawn for at least 120 days after bid opening.

7. ALTERNATE BIDS-Bidders are cautioned that any alternate bid, unless specifically requested or any changes, insertions or omissions to the terms and conditions, specifications, or any other requirement of this IFB may be considered non-responsive.

8. LATE BIDS-Any bid received at the office designated herein after the exact time specified

- 13 -for receipt, will not be considered.

9. The City may at any time, by written notice to the contractor, terminate this contract and the contractor's right to proceed with the work, for just cause, which shall include, but is not limited to the following:

A. Failure to provide insurance and bonds (when called for), in the exact amounts and within the time specified or any extension thereof.

B. Failure to make delivery of the supplies, or to perform the services within the time specified herein, or any extension thereof

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GENERAL CONDITIONS

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. Workers

11. Subcontracting

12. Director’s Status

13. Inspector’s Status

14. Inspection

15. Protection of Work

16. Accident Protection

17. Working Space

18. Use of the 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. Contractor’s and Subcontractor’s Insurance

27. Proof of Carriage of Insurance

28. Performance Bond

29. Labor and Materials 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

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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 Livonia.

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

“Subcontractor” A 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.

“Director” The Director of Housing Commission of the City of Livonia or any of his designated representatives.

3. Intent of the Contract Documents

The respective contract documents are complementary, so that requirements of any particular document shall be applicable to all. 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 specifications, 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 conflict, the Director will determine which will govern. In case of ambiguity in the plans or specifications, the Director will decide as to the correct interpretation thereof.

Where errors or omissions are encountered in the contract documents, the applicable sections of the current edition of the Wayne County’s Road Commissioners General Specifications for Roads, Bridges, and Miscellaneous Construction shall 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.

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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 condition of the premises, existing structures, and any other condition affecting the carrying out of the work. No additional consideration or compensation will be allowed for 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 with the contract drawings and specifications, and the contractor shall not proceed without reference thereto.

Approved or confirmed copies of the contract drawings and specifications shall be maintained at the work site by the contractor and be always made available to the City.

5. Shop Drawings

The contractor shall submit to the Director all shop or setting drawings and schedules required for the work, make any corrections therein required by the Director, and resubmit same without delay.

Approved or confirmed copies of all shop or setting drawings shall be maintained at the work site by the contractor and be 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 equipment shall be understood as indicating the type, function, minimum standard of design, efficiency, and quality desired and shall not be construed 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 in the work.

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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 of 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 always have at the site of the work a competent foreman, superintendent, or other representative who is satisfactory to the City and who has authority to act for the contractor.

10. Workers

The contractor shall employ only competent, efficient workers who are skilled in the work assigned to them and shall always enforce strict discipline and good order among his employees. Whenever the City shall notify the contractor, in writing, that in its opinion any worker so employed is careless, incompetent, disorderly, or otherwise unsatisfactory, such worker shall be relieved from the job and shall not again be employed thereon except with the written consent of the City.

11. Subcontracting

The contractor shall not subcontract any work to be performed or any materials to be furnished in the performance of this contract without the written consent of the City. If the contractor sublets any part of this contract, he shall be as fully responsible to the City for the acts and omissions of his subcontractors, and of the persons they directly or indirectly employed, as he is for the acts and omissions of his own employees.

12. Director’s Status

The Director shall have general supervision and direction of the work, and authority to stop such work whenever necessary to ensure 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. Such inspectors will inform the Director as to the work progress, and the manner in which is being done, and the quality of materials being

- 18 -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 Director; but they shall have no authority to direct the contractor’s work or workers, to supervise the contractor’s operations or to change the contract plans or specifications.

In no instance should 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 always have access to the work wherever it is in preparation or 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 the 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 this

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

Precautions shall be always observed 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.

- 19 -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 in vehicular or pedestrian traffic, and red flags by day and red lights by night shall be diligently 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 provisions of 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 of 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 Site

In his operations, the contractor shall interfere as little as possible with traffic and shall in no case unduly obstruct travelling ways.

The contractor shall at no time interfere with surface or underground drainage. Free access shall be always provided 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 Completion 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 completion portion of the work by the City shall not be deemed as acceptance of the work so used or any part thereof.

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20. Permits, Surveys and Compliance 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 Livonia as permit holder) necessary for the 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 relating to the conduct of the work.

21. Laying Out Work

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

The Director 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 referred to the reference points. No work shall be undertaken until such stakes and marks shall have been set. The contractor shall ensure that the work always proceeds in accordance with the stakes and marks and shall provide all labor and materials to set required batter boards and 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 his 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 Regulations

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 physical conditions encountered, or any errors or omissions in the plans or layout, it shall be his duty to immediately inform the Director in writing. Any work done after such a discovery, until authorized by the Director, will be at the contractor’s risk.

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25. Estimated Quantities

The quantities of the various classes of work to be done and materials to be furnished under this 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 the 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. Contractor’s and Subcontractor’s Insurance

The contractor shall not commence work under this contract until he has obtained the insurance required under this paragraph, nor shall the contractor permit any subcontractor to commence work on his subcontract until he has obtained the insurance herein required.

a. Worker’s Compensation Insurance. The contractor shall procure and maintain during the life of this contract, Worker’s Compensation Insurance for all of his employees who engage in the work to be performed; and, in any case any such work is sublet, the contractor shall require the subcontractor to provide similar insurance for all of the latter’s employees who engage in the work.

b. Contractor’s Public Liability and Property Damage Insurance. The contractor shall procure and maintain during the life of this contract, Contractor’s Public Liability and Property Damage Insurance in an amount not less than $1,000,000 for injuries, including accidental death, to each person; and, subject to the same limit for each person, in an amount not less than $1,000,000 on account for each accident; and in an amount not less than $1,000,000 on account for each accident for damage to property.

c. Owner’s and Contractor’s Protective Public Liability and Property Damage Insurance.

The contractor shall procure and maintain during the life of this contract, Owner’s and Contractor’s Protective Public Liability and Property Damage Insurance, in the name of the City, in an amount not less than $1,000,000 for injuries, including accidental death, to each person; and, subject to the same limits for each person, in an amount not less than $1,000,000 for damage to property. Such insurance shall include motor vehicle exposure and specific coverage, by endorsement, which shall be described in the following manner:

“It is understood and agreed that such insurance as if afforded shall include specific coverage for the so-called Explosion, Collapse and Underground Hazards, which covers damage to property arising directly or indirectly from explosion, damage or structural injury to buildings or adjacent structures arising from operations under this contract, including excavation or tunneling and damage sustained by wires, conduits, mains, sewers and the like, occasioned by the contractor’s subsurface operations.”

d. Subcontractor’s Public Liability and Property Damage Insurance. The contractor shall require each of his subcontractors to procure and maintain during the life of their

- 22 -subcontract, Subcontractor’s Public Liability and Property Damage Insurance in an amount not less than $1,000,000 for injuries, including accidental death, to each person; and, subject to the same limit for each person, in an amount not less than $1,000,000 on account for each accident; and in an amount not less than $1,000,000 on account for each accident for damage to property.

e. Contractor’s Motor Vehicle Bodily Injury and Property Damage Insurance.

(1) The contractor shall procure and maintain during the life of this contract, Motor Vehicle Bodily Injury Insurance (Comprehensive Form) in an amount not less than $1,000,000 for injuries, including accidental death, to each person; and, subject to the same limit for each person, in an amount not less than $1,000,000 on account for each accident; and in an amount not less than $1,000,000 on account for each accident for damage to property.

(2) The contractor shall procure and maintain during the life of this contract, Hired and Non-Ownership Motor Vehicle Bodily Injury and Property Damage Insurance in an amount not less than $1,000,000 for injuries, including accidental death, to each person; and, subject to the same limit for each person, in an amount not less than $1,000,000 for each accident; and in an amount not less than $1,000,000 on account for each accident for damage to property.

27. Proof of Carriage of Insurance

The contractor shall provide the City, at the time this contract is returned by him for execution, the certificates listed below. A guarantee that thirty (30) days’ notice will be given to the City prior to cancellation of, or change in, any insurance coverage shall be endorsed on each certificate:

a. Four (4) copies of Certificate of Coverage of Contractor’s Worker’s Compensation

Insurance.

b. Four (4) copies of Certificate of Coverage of Contractor’s Public Liability and Property Damage Insurance.

c. Four (4) copies of Certificate of Coverage of Contractor’s Motor Vehicle Bodily Injury and Property Damage Insurance covering owned, hired, and non-owned vehicles.

d. Four (4) copies of Certificate of Coverage of Contractor’s Protective Public Liability and Property Damage Insurance.

28. Performance Bond

The contractor, within fifteen (15) days from the date of acceptance of his proposal, shall execute in favor of the City a surety bond form in an amount at least equal to 100% of the contract price, as security for the faithful performance of this contract. Should the contract price not exceed $50,000.00, the contractor may deposit with the City Clerk cash, a certified check or irrevocable bank letter of credit, or a surety bond, whichever the contractor selects, acceptable in form and content to the City Attorney, in the full amount of the contract.

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29. Labor and Materials Bond

The contractor, within fifteen (15) days from the date of acceptance of his proposal, shall execute in favor of the City a surety bond form in an amount at least equal to 100% of the contract price, as security for the payment of all persons performing labor and furnishing materials in connection with this contract. Should the contract price not exceed $50,000.00, the contractor may deposit with the City Clerk cash, a certified check or irrevocable bank letter of credit, or a surety bond, whichever the contractor selects, acceptable in form and content to the City Attorney, in the full amount of the contract.

30. Maintenance and Guarantee Bond The contractor, as a condition precedent to final payment, shall execute in favor of the City, a Maintenance and Guarantee Bond in an amount at least equal to 100% of the contract price. The guarantee shall cover all work performed and materials furnished under this contract for a period of one (1) year subsequent to the date of the final payment.

31. Forfeiture of Contract

If the work to be done under the contract shall be abandoned by the contractor, or, if at any time in the judgment of the City, the contractor shall fail to perform the work at a reasonable rate of progress, or to comply with all or any of the terms and requirements.

herein set forth, then the City shall have the right to take possession of the work, including contractor’s plant, supplies, and materials, at any time after having notified the contractor in writing to discontinue the work under this contract for said cause or causes, and such action shall not affect the right of the City to recover damages resulting from such abandonment or failure to perform. Upon receiving such notice, the contractor shall, upon demand, immediately give the City safe and peaceable possession of the work, including the plant, and shall then cease to have control over any portion thereof or the workers employed thereon.

The City may then proceed to complete the work herein specified, by contract or otherwise, and the entire cost incurred shall be charged to the contractor and deducted from any sum or sums due or to become due under the contract; the excess cost, if any, shall be paid to the City by the contractor or his sureties.

32. Definition of Notice

Where the contract documents provide for the giving of any notice, it shall be deemed to have been given:

a. As to the City, when written notice shall have been delivered to the Director or the

City Clerk or shall have been placed in the U. S. mail, addressed to the City Clerk at the place where the bids or proposals for the contract were opened.

b. As to the contractor, when written notice shall have been delivered to his chief representative then present at the site of the work, or shall have been placed in the U. S. mail, addressed to the contractor at his permanent place of business, as stated in the papers prepared by him to accompany his proposal; and

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c. As to the surety on a Performance Bond or Labor and Materials Bond, when a written notice shall have been placed in the U. S. mail, addressed to the surety at his home office or to the agents who executed such Performance Bond or Labor and Materials Bond on the surety’s behalf.

33. Additional or Omitted Work – Payment

The City may authorize changes in, additions to, or deductions from the work to be performed or the materials to be furnished pursuant to the provisions of this contract.

Adjustments, if any, in the amounts to be paid to the contractor by reason of any such change, addition or deduction, shall be determined by one or more of the following methods:

a. By unit prices contained in the contractor’s original bid and incorporated in the

b. By a supplemental schedule of prices contained in the contractor’s original bid and incorporated in the contract.

c. By an acceptable lump sum proposal from the contractor.

34. Deduction for Uncorrected Work

If the City deems it expedient to accept work which has been damaged or not done in accordance with the contract, an equitable adjustment will be made so as to deduct from the contract price the cost of repairing or properly performing such work.

35. Time Limit of Contract

The parties hereto distinctly understand and agree that the time specified for completion of the work is the essence of this contract, and that the contractor shall not be entitled to claim performance of this agreement unless the work is satisfactorily completed, in every respect, within the time herein specified.

36. Extension of Time

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. Such an extension of time shall be deemed to be in full compensation for any loss or injury sustained by the contractor by reasons of delays caused as aforesaid, and the contract shall not thereby be invalidated in any respect.

37. Estimates and Payments

The City shall pay to the contractor amounts bid in the proposal, or as modified by subsequent agreement, less deduction for any unsatisfactory or incomplete work, based upon measurements by the Director or as otherwise herein stipulated, and such measurements shall be final and conclusive.

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The contractor shall submit to the City an application for each payment and shall submit a Contractor’s Declaration stating that he has not performed any work, furnished any material, sustained any loss, damage or delay, for any reasons, including soil conditions encountered or created, or otherwise done anything for which he will ask, demand, sue for, or claim compensation from the City and, if required, shall submit receipts or other vouchers showing his payments for materials and labor, including payments to subcontractors.

Payments, based on progress estimates, will be made bi-weekly for ninety-five percent (95%) of the work completed, less any deductions or reservations which may be made in accordance with the terms of this contract, provided that the work is progressing satisfactorily, all orders of the Director have been complied with, and the time of completion shall not have expired. No allowance will be made for materials furnished which have not been incorporated in the completed work, unless otherwise stated in the contract documents.

The City may withhold payment of any progress estimate, or portion thereof, until the contractor shall have furnished satisfactory evidence that he has paid all claims of every nature.

No payment shall be considered as acceptance of work completed, or any portion thereof, prior to completion of all work required by this contract and payment of the final estimate.

Within thirty (30) days after completion of all work required by this contract to the satisfaction of the City and the Director, in accordance with all and singular terms and stipulations herein contained, the City shall make final payment based upon a final estimate made by the Director. Before such payment is made, the contractor shall, as directed by the City, execute a Contractor’s Affidavit that he has paid all claims of every nature, or secured a release from the surety or sureties approving payment. The final payment shall be considered as full approval and acceptance of the completed work herein specified.

Acceptance by the…