2026 PARKS TREE AND STUMP REMOVAL BID FINAL.pdf

CITY OF LIVONIA

DEPARTMENT OF PUBLIC WORKS

PUBLIC SERVICE DIVISION

2026 & Optional 2027

RIGHT-OF-WAY STREET TREE REMOVAL PROGRAM

TABLE OF CONTENTS

CONTRACT DOCUMENTS

1. Advertisement for Bids............................................................................. AB-1

2. Instructions to Bidders ................................................................ IB-1 thru IB-3

3. Proposal Forms (2026 & Optional 2017) ………………………. see attachments

3. General Conditions............................................................... GC-1 thru GC-11

4. Proof of Insurance ................................................................. INS-1 thru INS-6

5. Specifications for Tree & Stump Removal .................................... S-1 thru S-5

a. Summary of Proposed Street Tree & Stump Removal by Section

b. ROW Tree Removal Listing

c. Tree and Stump Removal Diagram

7. Performance Bond................................................................................... PB-1

8. Labor and Materials Bond...................................................................... LMB-1

9. Contractor’s Declaration .......................................................................... CD-1

10. Contractor’s Affidavit ............................................................................... CA-1

11. Contract........................................................................................ C-1 and C-2

DEPARTMENT OF PUBLIC WORKS - PUBLIC SERVICE DIVISION

ADVERTISEMENT FOR BIDS

2026 & Optional 2027 RIGHT-OF-WAY STREET TREE REMOVAL PROGRAM

Sealed proposals will be received VIA THE MITN WEBSITE ONLY (WWW.MITN.INFO), by the City of Livonia, Michigan, as owner, until 2:00 p.m. on Tuesday, OCTOBER 21, 2025. At which time said proposals will be opened and publicly read VIA ZOOM. Physical bid submission will not be accepted.

Late bids will not be considered.

Vendors may attend the bid opening virtually by using the following credentials:

Bid Opening Access By Computer:

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

By Phone:

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

The City of Livonia seeks proposals for the following:

2026 & Optional 2027 RIGHT-OF-WAY STREET TREE REMOVAL PROGRAM

Instructions to bidders and specifications may be obtained by registering with the Michigan Inter-Governmental Trade Network (MITN) at www.MITN.info

Proposals must be submitted on forms furnished by the Director of Finance of the City of Livonia. Instructions to Bidders and Specifications for items required may be obtained at the Office of the Director of finance, 33000 Civic Center Drive, Livonia, Michigan.

A MANDATORY pre-bid meeting to explain the project and answer any questions will be held in person on OCTOBER 7, 2025 at 10:00 a.m. Prospective bidders should meet in the Main Conference Room of the Public Service Division, 12973 Farmington Road. For additional information contact Gus Kandah, Purchasing Manager at gkandah@livonia.gov. Bids will not be considered from firms who do not attend the mandatory pre-bid meeting.

Each proposal shall be accompanied by a bid bond in the amount of five percent (5%) of the proposal, as security for the acceptance of the contract. A Bid Bond in the Michigan standard form issued by an approved surety company may be furnished in lieu of a cashier's check. Vendors who wish to submit bid deposits in the form a cashier's check may do so by taking a photo of the cashier’s check and uploading it with their bid response. The cashier’s check must be made payable to the City of Livonia and should reference the bid for which it is being submitted. The photo must be of the actual check itself. The Purchasing Manager will contact firms directly to make arrangements for turning in bid deposit checks. Company checks are not acceptable. Cashier’s checks must be submitted.

No bidder may withdraw his proposal within sixty (60) days after the date set for the opening thereof. All work must be completed within 60 days of award notice, unless extended by the City. The City reserves the right to reject or accept any or all proposals in whole or in part and waive any irregularities therein. Acceptance of any proposal does not constitute a binding agreement until a written Contract is signed by both parties.

Donald Rohraff Maureen Miller Brosnan Director of Public Works Mayor

AB-1

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

PUBLIC SERVICE DIVISION

IB-1

INSTRUCTIONS TO BIDDERS

1. PROPOSALS

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

b. Proposals shall be submitted only on forms provided and shall be a lump sum bid for all items of the contract.

c. All bids shall be uploaded to the MITN website (www.mitn.info) in Adobe Acrobat PDF format. Physical bids will not be accepted. Late bids will not be considered.

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

e. The unit prices included in the bidder’s proposal will govern, and the City will check all extensions of the unit price times the quantities and correct any errors in extension occurring in the bids in obtaining the total amount of the proposal for each section.

f. Each bid must be accompanied by a a bid bond duly executed by the bidder as principal and having as surety thereon a surety company approved by the City of Livonia in the amount of five percent (5%) of the bid. Such bid bonds will be returned after the City of Livonia and the accepted bidder have executed the contract; or, if no award has been made within sixty (60) days after the date of the opening of bids, upon demand of the bidder at any time thereafter, so long as he has not been notified of the acceptance of his bid.

g. The bid of any City-based firm may be deemed a better bid than the bid of any competing firm which is not City-based whenever the bid of such competing firm shall be less than three percent lower than the bid of the City-based firm (Section 3.04.140.E. of the Livonia Code of Ordinances, as amended).

h. The City reserves the right to add or delete up to ten percent (10%) of the total trees and/or stumps from the amount shown in the proposal.

2. INSPECTION OF SITE

a. The number of tree and stump removals shown in the contract Proposal Form was determined by an inspection conducted just prior to the Advertisement for Bids for this program. All bidders should base the amounts bid for tree removal and stump removal on the number shown on the Proposal Form.

http://www.mitn.info/

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b. No allowance or extra consideration on behalf of the contractor will subsequently be allowed by reason of error oversight on the part of the contractor or on account of interference by the owner’s or by other contractor’s activities.

3. TIME OF COMPLETION

The contractor shall commence work within ten (10) days (Sundays and holidays excepted) of execution of contract and shall complete the work for Contractor further agrees that the City is hereby authorized to deduct and retain out of monies that may be due or become due under this contract the sum of fifty dollars ($50.00) for each and every working day that the work remains incomplete beyond the time limit names above, as amended by such extension of time as may be allowed; and that, in view of the difficulty of ascertaining the loss which the City will suffer by reason of delay in the performance of the work hereunder, the deduction and retention of such sum is to be considered not a penalty but the payment of liquidated damages stipulated beforehand by the parties hereto as representing the cost of additional City inspection and administration.

4. NAME AND STATUS OF BIDDER

a. The name and legal status of the bidder, that is, as a corporation, partnership or individual, shall be stated in the proposal.

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

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

5. EXPERIENCE AND FINANCIAL STATEMENT

It is the intention of the City to award this contract to a contractor fully capable, both financially and in regard to experience, to perform and complete the work in a satisfactory manner. If required by the City, each bidder under consideration may be required to submit a statement of his experience and financial status.

6. EXPLANATION TO BIDDERS BY BULLETINS

a. Neither the owner nor the Director of Public Works will give verbal answers to inquiries, regarding the meaning of the drawings or specifications, or give verbal instructions, previous to the award of the contract. Any verbal statements regarding same by any person, previous to the award, shall be non-authoritative.

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b. Explanations desired by bidders shall be requested of the Director of Public Works, 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, ad all proposals shall include the work described in the bulletins.

d. No inquiry received within four (4) days of the date fixed for the opening of the bids will be given consideration.

e. Failure of the Director of Public Works to send, or the bidder to receive, any such interpretations shall not relieve the bidder from obligation under his bid as submitted.

SPECIFICATIONS FOR 2026 & Optional 2027 TREE AND STUMP REMOVAL –

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1. DESCRIPTION OF WORK

The successful bidder shall furnish all necessary labor, machines, tools, equipment, and other means to remove and dispose of trees, standing dead and/or diseased trees, and stumps listed as part of this contract, in accordance with the terms and conditions contained herein.

This contract shall run for one (1) year, with the option of one (1) mutually agreed one-year extension between the contractor and the City. The initial contract shall expire on November 16, 2026, unless extensions are approved. If extended, the contract shall expire on November 16, 2027 Where this agreement involves tree removal only, finish cuts shall be flush with the ground contours immediately adjacent to the stump, as may be obtained with a power chainsaw.

Where this agreement involves stump removal as well as tree removal, the following definitions apply:

• Stump area – the stump plus three feet (3’) on all sides, as required due to roots.

• Grade line – a level line from the top of the curb to the top of the sidewalk, or if neither exists, from the street edge to the existing ground four feet (4’) beyond the stump.

• Stump grinding depth – stump area must be ground down to eighteen inches (18”) below grade line.

• Any surface root extending beyond the three-foot stump area that requires chasing shall be ground down to a depth of eight (8) inches below the finished grade line.

All areas must be backfilled with clean stump grindings (mostly soil, minimal chips and root material) to one or two inches (1–2”) above the grade line. All excess stump grindings must be removed and properly disposed of. The City will not provide disposal areas.

Stump grindings or chips shall not be used to fill ruts or dents. Topsoil and seed must be applied, or the area raised and leveled to restore original condition.

The contractor must dispose of all materials daily. The City will not provide storage facilities, and overnight stockpiling of logs or chips is prohibited.

2. METHOD OF MEASUREMENT

• Tree diameter shall be measured at breast height (DBH) defined as 4½ feet above ground.

• The DBH will be measured to the nearest full inch.

• Trees with major limbs below DBH will be measured at the smallest diameter below those limbs.

• Dual trunks will be measured as individual trees.

• Codominant stem trees will be measured below the junction point so long as there is one truck.

• Stumps will be based on DBH of the tree.

If a dispute arises regarding tree measurement that affects its payment classification, the contractor must contact City staff before removal. If removed prior to review, the City’s measurement is final.

Tree and stump diameters listed are for identification only. Bidders are responsible for verifying measurements and reviewing sites prior to bidding.

3. ADJUSTMENT OF QUANTITY

The City reserves the right to increase or decrease the number of trees or stumps removed by up to ten percent (10%) of the contract total, due to normal mortality or emergency removals.

Adjustments will be made using the “Schedule of Prices” in the Proposal Form.

4. PERSONNEL AND EQUIPMENT

• A minimum crew of four (4) qualified people is always required.

• Contractor must provide a list of equipment (e.g., chippers, stumpers, manpower, trucks) prior to work.

• All work shall comply with MIOSHA, EHAP, and ANSI standards.

SPEC-5

• Personal Protective Equipment (PPE) is mandatory: long pants, chainsaw chaps, helmets, safety glasses, gloves, work boots, and hearing protection.

• Overstaffing will not be permitted, only the personnel and equipment necessary to complete the assigned work efficiently and safely are to be present on site. Any excess personnel or equipment may result in the work being rescheduled at the City's discretion.

Work hours: Monday–Friday, 7:00 a.m. to 7:00 p.m.

• Work on weekends or holidays is prohibited without written DPW approval.

• Saturday work requires prior DPW approval.

• Overnight parking of contractor equipment on City property is not permitted.

5. SAFETY PRECAUTIONS

• Contractor shall provide barricades, warning signs, and other safety measures as needed.

• Signs must be posted ~500 feet from the worksite in each direction.

• If streets must be closed, the Department of Public Works (734-466-2655) must be notified at least 24 hours in advance.

• Major roads may not be closed except in emergencies, and then only with DPW Designee approval.

6. DAMAGE TO PROPERTY

• The contractor shall be responsible for all damage caused by his work to buildings, sidewalks, right-of-ways, or other structures and facilities. It shall also be the contractor's responsibility to repair, restore or replace trees, shrubs, turf, sidewalks and sprinkler lines damaged by his work. Extreme care must be maintained concerning sidewalks and their continuing structural integrity. The contractor shall notify the city of damage within 24 hours.

7. CONTRACT COMMUNICATION

• Contractor shall provide weekly written updates to DPW Designees, including addresses of removals, stump completion status, and any weather-related delays.

• Crew absences must also be communicated in writing.

• If work is delayed by weather or equipment issues, daily communication must be made to

DPWD by 8:00 a.m.

8. WORKFLOW

• Work shall proceed in numerical order, beginning with Section 1 and moving upward in ascending order of sections.

• The Contractor shall complete all requirements of each section before proceeding to the next, unless otherwise directed by the City.

• This sequence ensures that work is performed in a structured and coordinated manner, minimizing conflicts and delays.

9. STUMP & ROOT GRINDING REQUIREMENTS (Illustration) The following diagram is provided as a visual aid only. Written specifications shall govern.

Key Standards:

• Stump area: grind to 18” below grade (3 ft radius around stump)

• Surface root area: grind to 8” below grade

• Any surface root extending beyond the three-foot stump area that requires chasing shall be ground down to a depth of eight (8) inches below the finished grade line.

(See attached illustration)

SPEC-6

10. PAYMENT TERMS

• 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.

• Final payment shall be made on a Net 30 basis, in accordance with the terms and conditions herein, following verification by the City and the Director that all work required under this contract has been fully and satisfactorily completed.

• Acceptance by contractor of final payment aforesaid shall operate as, and shall be, a release of the City and its agents, from all claims by and liability to the contractor for anything done, furnished for, or relating to the work, as well as any act or neglect of the City or any person relating to or affecting the work.

• Invoicing: Payment requests shall only be submitted for completed sections where both tree removal and stump removal have been fully performed. Because these items are priced separately, they shall not be invoiced separately.

11. CONTRACT BENCHMARKS

The following progress benchmarks are required:

• 25% of contract work completed within 60 days

• 50% of contract work completed within 80 days

• 75% of contract work completed within 120 days

• Final completion deadline: October 31, 2026

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GC-1

GENERAL CONDITIONS

SECTION TOPIC

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 PREVENTION

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

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GENERAL CONDITIONS CONTINUED

SECTION TOPIC

23. SANITARY REGULATIONS

24. REPORTS OF ERRORS AND DISCREPANCIES

25. ESTIMATED QUANTITIES

26. CONTRACTOR’S AND SUBCONTRACTOR’S INSURANCE

27. PROOF 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

39. LIQUIDATED DAMAGES

40. INSPECTOR DAYS

41. FORCE ACCOUNT BASIS

42. FIELD OFFICE

PUBLIC SERVICE DIVISION

GC-3

GENERAL CONDITIONS

1. CONTRACT DOCUMENTS

The Contract Documents shall consist of the Notice to Bidders, 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 contact is awarded by the Owner and who is subject to the terms hereof.

“Subcontractor” A person, firm of 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 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 expenses 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 on both, and, in case of ambiguity in the plans and specifications, the Engineer 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 Michigan Department of Transportation Standard Specifications for Construction shall prevail. A copy of this document may be acquired by contacting the Contract Division, Michigan Department of Transportation, P.O.

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Box 30050, Lansing, Michigan 48090. 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 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 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 with 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 always made available to the City.

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

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 Contractor’s 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 of 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 Contractors immediate notice in writing of the institution of such suits 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.

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 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 employ as he is responsible for the acts and omissions of his own employees.

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 applications 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. INSPECTORS’ STATUS

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

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theEngineer. Such inspector will inform the Engineer as to the work progress, the manner in which it is being done, and the quality of 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 operation, 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 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 the time before finalacceptance 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 necessary 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 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

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the extent that such provisions are not in contravention of applicable laws.

During the course of construction, provisions must be made to maintain access for emergency vehicles at all times. One lane of the existing roads may be closed to traffic during the process of work but must be opened at the end of each working day. During the progress of the work, the Contractor shall accommodate vehicular and pedestrian traffic in the existing roads right-of-way. Contractor’s equipment operations on public streets shall be governed by all local traffic ordinances and regulations of the Fire and Police Divisions and the Department of Public Services. The Contractor shall provide the required signs, barricades and flashing lights on the barricades as directed by the Engineer. All signs and barricades shall conform to the Michigan Manual of Uniform Traffic Control Devices and the Michigan Department of Transportation Standard Specifications for Construction. This shall include Type III barricades to close areas and Type II barricades to direct traffic and protect work and advance warning arrow panels to direct traffic as necessary. The Contractor shall attach and maintain two battery-operated amber flashers (Type A) to each advanced warning or detour sign. 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 of this Contract, affecting the public welfare or safety, the City may, with or without notice, cause the necessary precaution to be taken, and 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 necessarily 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. The City will require a copy of a signed waiver from property owner for use of the privately owned site.

18. USE OF THE SITE

In his operations 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

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shall not be deemed as acceptance of the work so used or any part thereof.

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 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 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 set required batter boards and, or laser devices and locate the work accurately with respect to the reference points. The Engineer will place grade stakes at the Contractor’s desired offset. Once these stakes are placed, any necessary transfer of grade and/or offset will be the responsibility of the Contractor.

The Contractor shall carefully preserve reference points and stakes and in case of willful or careless destruction thereof, he will be charged for re-staking at the rate of $100.00 per hour.

There will be a one-hour minimum per request and the standard 24-hour notice is required.

In addition, the Contractor 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 OR 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 or layout, it shall

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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 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 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. Workmen’s Compensation Insurance. The Contractor shall procure and maintain during the life of this Contract, Workmen’s Compensation Insurance for all of his employees who engage in the work to be performed; and, in 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 the amount of not less than $1,000.000.00 for injuries, including accidental death, to each person; and, subject to the same limit for each person, in the amount of not less than $1,000,000.00 on account of each accident; and, in an amount not less than $1,000,000.00, 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 $1,000,000.00 for injuries, including accidental death, to each person; and, subject to the same limit for each person, in an amount not less than $1,000,000.00 on account of each accident; and in an amount not less than $1,000,000.00, each accident, 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 hereby understood and agreed that such insurance as is 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 sub-surface operations.”

d. Subcontractor’s Public Liability and Property Damage Insurance. The Contractor

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shall require each of his Subcontractors to procure and maintain during the life of their subcontract, Subcontractor’s Public Liability and Property Damage Insurance in an amount not less than $1,000,000.00 for injuries, including accidental death, to each person; and, subject to the same limit for each person, in an amount not less than $1,000,000.00 on account of each accident; and in an amount not less than $1,000,000.00, each accident, for damage to property.

The Contractor shall require each of his Subcontractors to procure and maintain during the life of their subcontract, Owner’s and Contractor’s Protective Public Liability and Property Damage Insurance in an amount not less than $1,000,000.00 for injuries, including accidental death, to each person; and, subject to the same limit for each person, in an amount not less than $1,000,000.00 on account of each accident; and in an amount not less than $1,000,000.00, 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 $1,000,000.00 for injuries, including accidental death, to each person; and, subject to the same limit for each person, in an amount not less than $1,000,000.00 on account of each accident; and in an amount not less than $1,000,000.00, 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 $1,000,000.00 for injuries, including accidental death, to each person; and, subject to the same limit for each person, in an amount not less than $1,000,000.00 for each accident; and in an amount not less than $1,000,000.00, each accident, for damage to property.

27. PROOF OF INSURANCE – FORM 1304-A City of Livonia Projects

The City shall be an additional insured party under the Contractor’s General Commercial insurance policy. The Contractor shall provide the City, at the time this Contract is returned by him for execution, the certificates and policy listed below. The City’s additional insured status and 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 and policy:

1. Four (4) copies of Certificate of Coverage of Contractor’s Workmen’s Compensation Insurance.

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

3. 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.

4. Four (4) copies of Owner’s and Contractor’s Protective Public Liability and Property Damage Insurance Policy.

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28. PERFORMANCE BOND

The Contractor, within 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 from an “A” rating or better company, as security for the faithful performance of this Contract.

29. LABOR AND MATERIALS BOND

The Contractor, within 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.

30. MAINTENANCE AND GUARANTEE BOND (not required for tree removal)

The Contractor, as a condition precedent to final payment, shall execute in favor of the City a Maintenance and Guarantee Bond Form 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 estimate.

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 for take possession of the work, including Contractor’s plans, 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 damaged 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 plans, and shall then cease to have control over any portion thereof or the men 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 Engineer or the City Clerk, or shall have been placed in the United States mail, addressed to the City Clerk at the place where the bids and 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 United States mail, addressed to the Contractor at his permanent place of business, as stated in the papers prepared by him to accompany his proposal; and (c) as to the Surety on a performance bond

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or labor and materials bond, when a written notice shall have been placed in the United States 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 provision 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 construction contract.

(b) By a supplemental schedule of prices contained in the Contractor’s original bid and incorporated in the construction contract.

(c) By an acceptable lump sum proposal from the Contractor.

(d) On a force account basis in accordance with procedures set forth in Paragraph No. 41 of these General Conditions.

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 partied 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 reason of delays caused as Aforesaid, and the Contract shall not thereby be invalidated in any respect.

37. PAYMENTS

Net 30 days from submitted invoices. Invoices for Services must be submitted within 30 days after completion of Services to the satisfaction of the City.

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38. FAIR EMPLOYMENT PRACTICES ACT

(a) The Contractor agrees that neither he nor his subcontractors will discriminate against any employee or applicant for employment, to be employed in the performance of this Contract, with respect to his hire, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment, because of his race, color, religion, national history or ancestry.

(b) The Contractor agrees that neither he nor his subcontractors will discriminate against any employee or applicant for employment, to be employed in the performance of his contract, with respect to his hire, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment, because of his age or sex, except where based on a bona fide occupational qualification.

(c) Breach of the covenants contained in either of the foregoing paragraphs may be regarded as a material breach of this Contract and may result in its cancellation, termination or suspension in whole or in part and in the Contractor being declared ineligible to contract in the future with the City of Livonia.

39. LIQUIDATED DAMAGES

The Contractor guarantees that he can and will complete the work within the time limit stated in the Contract Documents, or within the time as extended as provided elsewhere in the Contract Documents. Inasmuch as the damage and loss to the City which will result from the failure of the Contractor to complete the work within the stipulated time will be most difficult or impossible, of accurate determination, it is mutually agreed that the damages to the City for such delay and failure on the part of the Contractor shall be liquidated in the amount stated in the Form of Proposal, for each and every calendar day by which the Contractor shall fail to complete the work or any part thereof within the provisions hereof, and such liquidated damages shall not be considered as a penalty.

The City will deduct and retain out of any money due or to become due hereunder the amount of the liquidated damages, and in case those amounts are less that the amount of liquidated damages, the Contractor shall pay the difference upon demand of the City.

40. INSPECTOR DAYS (APPLICABLE IF SPECIFIED AS AN ITEM IN THE FORM

OF PROPOSAL)

It shall be the responsibility of the bidder to include as a bid item in his proposal the number of inspection days he estimates will be required to complete this project. An inspector day shall be determined from the tabulation listed below for the time each inspector spends on the project. An inspector will be assigned to each work until carrying out separate operations needed to complete this project. This will be for, but not limited to, operations such as, while materials are being installed, during excavation and back-filling operations, all pressure tests, infiltration tests, T.V.