2026 Rear Yard Drainage Improvements Westbrook Drive.pdf

SPECIFICATIONS AND CONTRACT DOCUMENTS

FOR

CITY OF LIVONIA

2026 REAR YARD DRAINAGE IMPROVEMENTS

WESTBROOK DRIVE

September 2026

ENGINEERING DEPARTMENT

12973 Farmington Road

Livonia, MI 48154

(734) 466-2655

TC-1

Table of Contents

The Contract Documents consist of two parts as follows:

PART I Bidding Requirements, Contract Forms, Contract Conditions, and Specifications

PART II Drawings and Details

PART I

Section Title Pages

1. Table of Contents TC-1

2. Notice to Bidders NB-1

3. Instructions to Bidders IB-1 – IB-6

4. Form of Proposal FP-1 – FP-3

5. Statement of Qualifications and Project References SQ-1 – SQ-3

6. Subcontractor List SL-1

7. Certificate of Insurance Form 1 sheet

8. Special Conditions SC-1

9. General Conditions GC-1 – GC-19

10. Specifications General SG-1 – SG-4

11. Performance Bond PB

12. Labor and Materials Bond LMB

13. Maintenance and Guarantee Bond MGB-1 – MGB-2

14. Contractor’s Declaration CD

15. Contractor’s Affidavit CA

16. Contract C-1 – C-2

PART II

• Proposed Improvements Plan

• Standard Detail Sheets

NB-1

NOTICE TO BIDDERS

CITY OF LIVONIA, MICHIGAN

Sealed proposals for 2026 REAR YARD DRAINAGE IMPROVEMENTS project will be received by the City of Livonia via the MITN website (www.mitn.info) until 2:00 P.M., Local Time, on Tuesday, September 1st, 2026 at which time the RFB’s will be recorded by the City Clerk. Bid opening results will be conducted via Zoom meeting and posted to the MITN website.

An optional pre-bid meeting is scheduled for Wednesday, August 19th at 2:00 p.m. to be held at the City of Livonia DPW, #12973 Farmington Road, Livonia, Michigan 48150.

Attendees will then visit the project site as part of the optional pre-bid meeting.

Bidders wishing to attend the bid opening via the zoom meeting shall use the following information:

Website: https://us02web.zoom.us/j/82294127641 Meeting I.D.: 822 9412 7641 Phone: (312) 626-6799

Bids shall be in accordance with the requirements of this notice in order to be deemed “responsive”. Late bids will not be considered.

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

All addendums will be posted on the MITN website. Any information not obtained from the MITN website should not be relied upon. All bids must be submitted electronically in Adobe Acrobat format.

The City of Livonia seeks proposals for the following:

Installation of 380 l.f. of 8” HDPE storm sewer pipe via horizontal directional drilling, installation of 3 storm sewer structures, restoration, and other miscellaneous items of work.

Each proposal shall be accompanied by a bid bond on the Michigan Standard Form, issued by an approved Surety Company.

No physical bid submissions will be accepted. All bids must be uploaded to the MITN website in Adobe Acrobat (PDF) format. Late bids will not be considered.

No bidder may withdraw his proposal within one hundred twenty (120) calendar days after the date set for opening thereof. The right to accept any bid, to reject any or all proposals and to waive irregularities in bidding is reserved by the City of Livonia. Portions of this Contract may be deleted due to unforeseen circumstances without compensation. Acceptance of any bid does not constitute a binding agreement until a written Contract is signed by both parties.

Todd J. Zilincik, P.E. Maureen Miller Brosnan City Engineer Mayor http://www.mitn.info/ https://us02web.zoom.us/j/82294127641

IB-1

INSTRUCTIONS TO BIDDERS

1. QUALIFICATIONS OF BIDDER

To demonstrate Bidder’s qualifications to perform the Work, the OWNER requires the Bidder to furnish all of the applicable information on the enclosed Statement of Qualifications and Project References as well as the Subcontractor List. The aforementioned statement must be submitted with the sealed Bid at the time of the Bid Opening.

2. ADVERTISEMENT

The published Advertisement for Bids for the proposed work contains information necessary to Bidders. A copy of the Advertisement for Bids is attached hereto as the Notice to Bidders and is to be considered a part of the Instructions to Bidders as fully as if repeated herein.

3. EXAMINATION OF THE CONTRACT DOCUMENTS

Before submitting a Bid, each Bidder should:

a. Examine the Contract Documents (including any Addenda and the other related data identified in the Bidding Documents) thoroughly;

b. Visit the site to become familiar with local conditions that may in any manner affect performance of the work;

c. Become familiar with Federal, State, and local laws, ordinances, rules and regulations affecting performance of the work; and

d. Carefully correlate his observations with the requirements of the Contract Documents.

Where information concerning existing conditions, including subsurface conditions, is provided in the Contract Documents, such information is provided for the convenience of the Bidder and not as a guarantee of conditions. The Bidder shall be satisfied as to the sufficiency and representation of such data, and shall make all investigations necessary so that the Bid shall be based upon knowledge and estimation of conditions to be met. The Bidder shall make all the investigations necessary to become adequately informed regarding the availability of all facilities which will be required to perform the work.

Submission of a Bid will constitute an incontrovertible representation by the Bidder that Bidder has complied with all the requirements of this Section.

4. PRE-BID CONFERENCE

A Pre-Bid meeting may be held if noted in the Advertisement or Invitation to Bid.

Representatives of the OWNER and ENGINEER will be present to discuss the Project.

ENGINEER will transmit to all prospective Bidders of record such Addenda as ENGINEER considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective.

IB-2

5. INTERPRETATION OF CONTRACT DOCUMENTS

All questions about the meaning or intent of the Contract Documents shall be submitted to the ENGINEER in writing. Replies will be issued by Addenda and mailed or delivered to all parties recorded by the ENGINEER as having received the Bidding Documents. Questions received less than four (4) days prior to the date of opening of Bids will not be answered. Only those questions that are answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

6. ADDENDA

Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed by OWNER or ENGINEER. Any addenda issued during the time of bidding or forming a part of the Contract Documents shall be included in the Bid and shall be made a part of the Contract Documents. Receipt of each Addendum shall be acknowledged in the Bid.

7. BID SECURITY

A Bid must be accompanied by Bid security made payable to OWNER in an amount of 5% of Bidder’s maximum Bid price. The required security must be in the form of a Bid bond by a surety licensed to conduct business in the State of Michigan and named in the current list of “Surety Companies Acceptable on Federal Bonds” as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S. Treasury Department. Attorneys-in-fact who execute the Bid Security or Bid Bond on behalf of the Surety shall affix to the bond a certified and copy of the power of attorney. The Bid security of the successful Bidder will be retained until the Agreement has been executed and the successful bidder has furnished the required Contract security, whereupon Bid Security will be returned. If Bidder fails to execute and deliver the Agreement and furnish the required Contract security within ten days of receipt of the Notice of Award, OWNER may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid Security of any Bidder whom OWNER believes to have a reasonable chance of receiving the Award may be retained by the OWNER until the earlier of the seven (7) days after the effective date of the Agreement or 120 days after the Bid opening. Bid Security of other Bidders will be returned within seven (7) days of the Bid opening.

8. CONTRACT TIME

The number of days allowed for the Completion of Work (the Contract Time) is set forth in the Bid and will be included in the executed Agreement. Any provisions for liquidated damages are set forth in the Contract Documents.

9. SUBSTITUTE AND “OR EQUAL” ITEMS

The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or “or equal” items.

Whenever materials or equipment are specified or described in the Bidding Documents by using the name of one or more Suppliers, the Bid shall be based on providing the materials or equipment of one of the Suppliers named. Whenever it is specified or described in the Bidding Documents that a substitute or an “or equal” item of material may be furnished or used by CONTRACTOR if acceptable to ENGINEER, application for such acceptance will not be considered by ENGINEER until after the Effective Date of the Agreement.

IB-3

10. SUBCONTRACTOR, SUPPLIERS AND OTHERS

The Bidder to whom an Award is made will not be entitled to additional compensation or extension of Contract Time by reason of failure to fully understand all Subcontractor or Supplier quotations. The Bidder is responsible for all coordination between Subcontractors and Suppliers during bidding and construction so that work is completed for the Contract Price and within the Contract Time.

11. PREPARATION OF BID

The Bid form is included with the Bidding Documents. Additional copies may be obtained from ENGINEER. All blanks on the Bid form shall be completed by printing in ink or by typewriter and the Bid signed. A Bid price shall be indicated for each unit price item listed therein, or the words “no Bid”, “No Change”, or “Not Applicable” entered. In case of discrepancy between the Total Amount Bid and the summation of the products of item quantity and unit price, unit prices shall govern.

Alterations to prices or amounts already entered on the Bid form may be made only by crossing out the price or amount in ink and entering the new price or amount above or below the voided price or amount in ink, with the change initialed and dated by the Bidder in ink.

The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of which shall be filled in on the Bid form. Alternate Bids will not be considered unless expressly requested by the OWNER or ENGINEER. Oral Bids will not be considered. A conditional Bid or conditions attached to Bids shall have no force or effect.

Submit the completed Bid form, Statement of Qualifications and Project References, the Subcontractor List, and bid surety as directed by the information provided on the MITN website (www.mitn.info).

A Bid shall be submitted no later than the date and time prescribed indicated in the Advertisement for Bids and shall be submitted to the MITN website as directed.

12. REQUIREMENTS FOR SIGNING BIDS

A Bid that has not been signed by the individual authorized to do so shall have attached thereto a Power of Attorney evidencing authority to sign the Bid in the name of the person for whom it is signed. Bids that are signed by a partnership shall be signed by all of the partners or by an Attorney-in-Fact. If signed by an Attorney-in-Fact, there shall be attached to the Bid a Power of Attorney evidencing authority to sign the Bid, executed by the partners.

Bids that are signed for a corporation shall have the correct corporate name thereof and the signatures of the president or other authorized officers of the corporation manually written below the corporate name following the word “By.” If such a Bid is manually signed by an officer other than the president of the corporation, a certified resolution of the Board of Directors evidencing the authority of such official to sign the Bid shall be attached to it. Such a Bid shall also bear the attested signature of the secretary of the corporation and the impression of the corporate seal.

IB-4

13. MODIFICATION OR WITHDRAWAL OF BIDS

Any Bidder may withdraw its Bid, either personally or by written request, at any time prior to the scheduled time for Bid Opening. If, within 24 hours after Bids are opened, any Bidder files a duly signed, written notice with OWNER and promptly thereafter demonstrated to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid security will be returned.

Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work.

No withdrawal of a Bid shall be permitted on account of mistake or any other reason after the expiration of this 24-hour period.

14. OPENING OF BIDS

Bids will be recorded by the City Clerk. Bid opening results will be complete via Zoom meeting, posted to the MITN website.

Zoom Meeting: https://us02web.zoom.us/j/82294127641 Meeting I.D.: 822 9412 7641 Phone: (312) 626-6799

An abstract of the amounts of the Bids and alternates, if any, will be made available to Bidders after the opening of Bids.

15. AWARD OF CONTRACT

The OWNER reserves the right to accept any Bid or alternate and award the Contract to other than the lowest bidder; to waive any irregularities or informalities, or both; to reject any or all Bids; and in general to make the award of the Contract in any manner deemed by the OWNER, in its sole discretion, to be in the best interests of the OWNER.

More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of the Bidder and the rejection of all Bids in which that Bidder has an interest.

Opening and reading the Bids shall not constitute the acceptance of a Bidder as qualified. The right is reserved by the OWNER to determine a Bidder’s qualifications, either from the OWNER’S knowledge or from other sources.

Should the OWNER be unable to award the Contract within 90 calendar days following the opening of Bids, the OWNER reserves the right to award the Contract at a later date to the lowest qualified Bidder at its Bid price, providing said Bidder is willing to accept such award.

Award of the Contract may be contingent upon receipt of easement, permits from involved outside regulatory agencies, and commitment of funding to the Project by the OWNER. The OWNER reserves the right to delay issuance of a Notice to Proceed or terminate the Contract pending acquisition of such easements and permits. The CONTRACTOR shall not be entitled to compensation or damages in the event of such termination.

The OWNER further reserves the right to require the CONTRACTOR to schedule work in such a manner as to remain outside of those areas for which easements have not been obtained until https://us02web.zoom.us/j/82294127641

IB-5

such time as easements are obtained. The OWNER further reserves the right to add or delete items of work or entire sections of work for any reason whatsoever, including but not limited to, budgetary constraints or the inability to obtain necessary construction easements.

16. INSURANCE

The successful Bidder will be required to carry insurance in the amounts and kinds specified in the General Conditions, as may be modified by the Supplementary Conditions. Such insurance must be issued by companies and in a form satisfactory to the OWNER. Certificates of such insurance must be attached to each copy of the executed Contract Documents. These certificates shall contain a provision that coverages afforded under the policies will not be cancelled or materially changed unless at least thirty (30) days prior written notice has been given to the OWNER and ENGINEER, as evidenced by return receipt or registered or certified mail.

17. BONDS

The successful Bidder will be required to furnish for each set of executed Contract Documents and conformed copies thereof, original conformed performance bond, payment bond and maintenance and guarantee bonds on the forms attached hereto a surety acceptable to the OWNER and meeting the requirements specified in the General Conditions, as may be modified by the Supplementary Conditions.

18. EXECUTION OF THE AGREEMENT

When the OWNER issues a Notice of Award to the successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement bound into the Project Manual with the other Contract Documents. Within ten (10) days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to the OWNER. Within ten (10) days thereafter, OWNER will deliver one fully signed counterpart to the Successful Bidder.

In case of failure to comply with this requirement, the Successful Bidder shall be considered to have abandoned all rights and interest in the Award and its Bond Security may be declared forfeited to the OWNER and the Contract may be awarded to another Bidder.

19. PROGRESS MEETING

A weekly progress meeting will be held at the Engineering Division conference room or on-site.

The weekly meetings will start during the first week when the Contractor or one of his sub-contractors is scheduled to begin work as presented at the pre-construction meeting. The time and day of the progress meetings will be scheduled at the pre-construction meeting.

Representatives of the Contractor and any sub-contractors scheduled to perform work during the upcoming week will be required to attend. The City of Livonia will be represented by the Project Engineer and the Senior Engineering Inspector.

Meetings will continue until the project is complete or work is suspended due to weather or seasonal limitations. Meetings will be rescheduled when the work suspension is lifted.

IB-6

The site of the meeting may be changed to the project site at the discretion of the Project Engineer. Only the Project Engineer may cancel a scheduled progress meeting. A failure of the Contractor to attend the scheduled meetings may result in increased retainage being imposed until the situation is corrected.

FP-1

FORM OF PROPOSAL

For

Bid of _______________________________ hereinafter called Bidder, organized and existing under the laws of or a resident of the State of Michigan, doing business as _______________*.

* Insert as applicable: “a corporation”, “a partnership” or “an individual”

TO THE CITY OF LIVONIA, MICHIGAN, hereinafter called OWNER:

The undersigned as Bidder hereby declares: that this Bid is made in good faith without fraud or collusion with any person or persons bidding on the same Contract; that the Bidder has read and examined the Notice to Bidders, Instructions to Bidders, Bid, General Conditions, Supplementary Conditions, Agreement, Forms of Proposal, Bond, Specifications and Drawings, as prepared by the ENGINEER, and understands all of the same; that the Bidder or its representative has made personal investigation at the site and has become fully familiar with regard to the conditions to be met in the execution of this Contract, and the undersigned proposes to furnish all labor, materials, tools, power, transportation, and construction equipment necessary for the construction of the Project and performing related work in full accordance with the aforesaid Contract Documents, including any and all Addenda officially issued, their receipt of which is hereby acknowledged:

Addendum No. Addendum Date

The Contract will be awarded to the lowest responsive, qualified Bidder based on the unit prices for all Work specified.

FP-2

The Bidder agrees to complete the Project for the following unit prices:

Item No. Item Description Qty Unit Unit Price ($) Total Price ($)

1 Mobilization 1 L.S. $ $

2 8” HDPE Pipe, SDR-17, Directional Drill 380 L.F. $ $

3 2’ Diameter Inlet 1 Ea. $ $

4 4’ Diameter Catch Basin 1 Ea. $ $

5 5’ Diameter Storm Sewer Manhole 1 Ea. $ $

6 Tap Into Existing Manhole 1 Ea. $ $

7 Restoration (Includes 3” Topsoil, Seed, Mulch and Fertilizer) 300 S.Y. $ $

8 Traffic Control 1 L.S. $ $

9 SESC Measures 1 L.S. $ $

10 Inspector Days (based on 8 hrs/day) (minimum 8 days) days $ 500.00 $

Total $

If the foregoing Bid shall be accepted by the OWNER, the undersigned agrees to enter into the attached form of Agreement within ten (10) days after receiving notice of such acceptance, will furnish the OWNER satisfactory bonds and certificates of insurance coverage, and will complete the Project, at the price and within the time stated in this Bid.

The undersigned further agrees that if the foregoing Bid shall be accepted, work will commence immediately after the Contract has been awarded, the Agreement executed, and a Notice to Proceed received. The undersigned shall complete the Work to Substantial Completion within 30 days of notice to proceed, and to Final Completion within 45 days of notice to proceed. Substantial completion shall be met when all the pathways are open for use by the public. Final completion shall be met when all restoration items and punch-list work items have been completed.

The undersigned attaches hereto its Bid security, as required by the Notice to Bidders and Instructions to Bidders. The undersigned agrees that in case it shall fail to fulfill its obligations under the foregoing Bid, and/or shall fail to furnish bonds, as specified, the OWNER may, at its option determine that the undersigned has abandoned its rights and interests in such Contract and that its Bid security accompanying its Bid; has been forfeited to the said OWNER, but otherwise the Bid security shall be returned to the undersigned upon the execution of the Contract and the acceptance of the bonds.

The undersigned also agrees that for each and every calendar day that he may be in default of Substantial Completion of the Work, within the time specified in this Bid, the OWNER will suffer a damage of Two Hundred and Fifty dollars ($250.00) per day, and said OWNER shall be compensated therefore at the rate as liquidated damages in accordance with the Agreement.

FP-3

In submitting this Bid, it is understood that the right is reserved by the OWNER to accept any bid, to reject any or all Bids, and to waive irregularities in bidding in the interest of the OWNER.

SUBMITTED on ________________________ Date*

Street*

City, State, ZIP*

Telephone Number*

E-Mail Address*

*Typed or printed in ink.

BY:___________________________________

Name of Bidder*

Signature

Name and Title of Signatory*

Form of Proposal and all other bid documents to be submitted electronically following the instructions provided in the “Notice to Bidders” and “Instruction to Bidders” sections.

STATEMENT OF QUALIFICATIONS

SQ-1

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

Name:

Address: Phone:

Number of years operating under your present name:

General nature of work performed by your company:

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

Major equipment available for this contract:

SQ-2

PROJECT REFERENCES

List similar projects completed within the last (3) years:

Project Title:

Client:

Contact Person: Phone:

Contract Amount:

Start Date: Completion Date:

Project Description:

Contact Person: Phone:

Contract Amount:

SQ-3

Contact Person: Phone:

Contract Amount:

Contact Person: Phone:

Contract Amount:

Form Completed by:

Name - Title

Signature

Date

SL-1

SUBCONTRACTOR LIST

ITEM NAME, ADDRESS & PHONE # OF CONTRACTOR

Restoration Items

Phone:

Other

Phone:

M:\ALL OTHER MATTERS\Contract Administration\2026\2026 Rear Yard Drainage Improvements\Contract Documents\Word Files\07-Certificate of Insurance 1304A.doc 03/15

City of Livonia 1304A (03/15)

PROOF OF INSURANCE FOR CITY OF LIVONIA

Information required by the Federal specifications for Highway construction and/or Act 327, P.A. of 1945 to verify insurance.

The subscribing insurance company certifies that insurance of the types and for limits of liability covering the work under contract with City of Livonia has been obtained by the contractor named below.

Such insurance, here certified, is written in accordance with the company’s regular policies and endorsements subject to the company’s applicable manuals of rules and rates, except (1) the insurance shall not be subject to the usual “x” – explosion, “c” – collapse or “u” – underground property.

NAME OF INSURED

ADDRESS CITY STATE ZIP CODE

TELEPHONE NO. FAX NO.

TYPE OF INSURANCE

POLICY NUMBER & NAME

OF INSURANCE COMPANY

(If more than one)

POLICY

EFFECTIVE

DATES

EXPIRATION

LIMITS: Each Occurrence: $1,000,000 Aggregate: $2,000,000

BODILY INJURY AND PROPERTY DAMAGE LIABILITY

□ General Liability

□ Professional Liability

General Aggregate $

□ Commercial General Liability Prods. comp/ops Aggregate $

□ Claims Made □ Occurrence

Personal &Advertising Inj. $

□ $_________ P.D. Deductible Each Occurrence $

□ XCU Exclusion Fire Damage (any one fire) $

□ Owners/Contractors Protective Medical Exp. (any one person) $

AUTOMOTIVE LIABILITY Combined Single Limit (Minimum $2,000,000.00) $ □ Any Auto

□ All Owned Autos Bodily Injury (per person)

(Minimum $500,000.00)

□ Scheduled Autos

□ Hired Autos Bodily Injury (per accident) (Minimum $1,000,000.00) $ □ Non-Owned Autos

□ Garage Liability ` (Minimum $1,000,000.00)

□ Umbrella Each Occurrence $

Aggregate $

□ Excess Liability Other Than Umbrella Each Occurrence $

Aggregate $

WORKERS COMPENSATION

AND

EMPLOYERS LIABILITY

STATUTORY

$ (Each Accident)

$ (Disease- Policy Limit)

$ (Disease- Each Emply.)

□ Other

NAME OF AGENCY NAME OF INSURANCE COMPANY (If only one for all policies)

ADDRESS CITY STATE ZIP CODE

TELEPHONE NO FAX NO.

SC-1

SPECIAL CONDITIONS

for

1. Potential bidders shall walk the site to familiarize themselves with the proposed work items prior to submitting bids.

2. It is expressly understood by the bidder that the City may delete or add work it deems necessary, after the contract is awarded and work is under way. Such additional work shall be accomplished at the unit prices bid.

3. All inspections required shall be coordinated by the contractor with the City Engineering Inspectors, or a sub-consultant to be determined prior to the start of the project.

4. The contractor shall adequately protect the existing trees that are to remain from damage. Any damages will be the responsibility of the contractor to repair at no cost to the City.

5. Disposal of all excavated and removed materials is the responsibility of the Contractor and he shall obtain his own dump sites. Landscape boulders and signs that are to be stockpiled will be left on site in an area to be designated by the Engineer.

6. All disturbed areas shall be restored with 3” of topsoil and MDOT THM (turf loamy to heavy) seed applied at a rate of 220 lbs. per acre

7. The Contractor shall be responsible for protecting all freshly placed materials against damage from vandalism, frost, or other causes prior to acceptance by the City.

8. The Contractor shall be responsible for any and all damage to existing utilities caused by their operations.

9. It is the intent of this contract to complete all work prior to November 6th, 2026 (or within 45 days of Notice to Proceed).

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

GC-2

GENERAL CONDITIONS CONTINUED

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

GC-1

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

GC-2

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. 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 copies of the contract drawings and specifications shall be maintained at the worksite by the Contractor and be made available to the City at all times.

5. SHOP DRAWINGS

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

Approved 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.

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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.

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, they 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 they are responsible for the acts and omissions of their own employees.

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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 the Engineer. Such inspector will inform the Engineer as to the work progress, the manner in which it is being done, and the quality of 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 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 necessary involved in the examination and replacement, plus 15%, shall be allowed the Contractor.

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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 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.

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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 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

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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 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.

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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 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.

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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,…