2027 Parks Tree and Stump Removal.pdf

CITY OF LIVONIA

DEPARTMENT OF PUBLIC WORKS

PUBLIC SERVICE DIVISION

PARKS TREE AND STUMP REMOVAL PROGRAM

TABLE OF CONTENTS

CONTRACT DOCUMENTS

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

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

3. Proposal Form.......................................................................... PF-1 and PF-2

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

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

6. 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

2027 PARKS TREE AND STUMP 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, November 10, 2026. 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:

2027 PARKS TREE AND STUMP 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 26, 2026 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.

Doug Moore 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/

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.

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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.

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.

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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 2027 TREE AND STUMP REMOVAL – PARKS PROGRAM

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CITY OF LIVONIA

DEPARTMENT OF PUBLIC WORKS

PUBLIC SERVICE DIVISION

DESCRIPTION OF WORK

The successful bidder(s) shall be required to furnish all necessary labor, machines, tools, equipment, and other means to remove and dispose of trees, standing dead and/or diseased trees listed as part of this contract under the terms and conditions contained herein. In addition, all stumps listed as part of this contract must be removed as indicated under the terms and conditions contained herein.

Where the work under this agreement involves tree removal only, finish cuts shall be flush with the ground contours immediately adjacent to the stump as can be obtained with a power chainsaw.

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

“Stump area” – existing stump plus three feet (3’) on all sides shall be required due to roots.

“Grade line” – a level line from the top of the curb to the top of the sidewalk; or, if there is no curb and/or walk, the grade line would be from the top of the street edge to the existing ground four feet (4) to the other side of the stump.

The “stump area” must be ground down to eight inches (8”) below the “grade line.”

Outside of the “stump area,” all visible surface roots above, or near the “grade line” must be ground down to six to eight inches (6 - 8”) below that “grade line.”

All areas must be backfilled with the cleanest portion of stump grindings (mostly soil and a minimum of chips and root material) to one or two inches (1” or 2”) above the “grade line.”

All of the excess stump grindings around the “stump area” must be cleaned up and disposed of. The City of Livonia will not supply areas for dumping, or disposal of stump chips, grindings, or stump debris. The contractor shall be responsible for removal, and disposal of stump chip grindings.

Stump grindings, or chips cannot be used to fill in ruts, and dents created by removal or grinding.

Topsoil and seed the area; or, if it is possible, raise and level indented area to its original condition.

The contractor must dispose of all materials on a daily basis. The City is no longer able to provide storage facilities for temporary stockpiling of wood or chip material. No overnight stockpiling of logs will be permitted in any other work areas by contractors engaged in the removal of trees.

METHOD OF MEASUREMENT

The size of the trees will be determined by the diameter at breast height (DBH) which is the average diameter of the tree trunk taken at a point four and one-half feet (4½’) above grade. The diameter will be measured to the nearest full inch. Trees having major limbs lower than four and one-half feet (4½’) from the ground shall be measured at the smallest diameter below such limbs. Stumps will be based on the diameter of the tree at breast height (DBH).

In cases where only the stump is to be removed, the measurement will be based on the diameter across the top of the stump at ground level. Measurement will be to the nearest full inch.

The tree, and stump diameters listed are believed to be correct but are given for identification purposes only, and the bidder should govern himself accordingly, and view the trees before bidding.

If there is a discrepancy between the contractor, and City measurements of DBH, the discrepancy must be addressed before removal. If the discrepancy is noted after tree removal, the City’s measurement will be used for billing purposes.

ADJUSTMENT OF THE QUANTITY OF TREE AND STUMP REMOVALS

Due to the loss of trees, because of normal mortality or emergency removal of trees for safety reasons from the date of marking and measuring to the date of removal, the City reserves the right to delete up to ten percent (10%) of the total trees and/or stumps contained in the contract award. The City also reserves the right to add up to ten percent (10%) of the total trees and/or stumps contained in the contract award with trees of the same relative diameter within the City.

Any adjustment in the contract amount will be made by use of the “Schedule of Prices” included in the Proposal Form.

PERSONNEL AND EQUIPMENT

A minimum field crew size of four (4) persons must be maintained to assure satisfactory progress, and to maintain safety standards. A list of the personnel, and equipment (i.e., chippers, stumpers, manpower, trucks, etc.), which is available for the contract work, shall be submitted prior to the award of the contract. All work shall be performed in accordance with applicable MIOSHA and ANSI safety standards. All necessary Personal Protection Equipment shall be worn at all times while fieldwork is being done. This includes the use of long pants, chainsaw chaps, helmets, safety glasses, and hearing protection.

The City of Livonia will not provide any overnight parking for contractor’s equipment used to carry out any portion of this contract.

SAFETY PRECAUTIONS

The contractor shall provide barricades, display necessary warning signs, and take all other necessary precautions for public safety. Warning signs shall be posted along drives approximately 500 feet in each direction from the working site. In the event that streets have to be closed, the Public Works office at (734) 466-2655 shall be notified twenty-four (24) hours in advance. Major roads may not be closed except in an emergency; such closing must be arranged through the Department of Public Works Designee (DPWD).

DAMAGE TO PROPERTY

The contractor shall be responsible for all damage caused by his work to buildings, sidewalks, right-of-ways, private property, 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.

CLEANUP

The contractor will be responsible for repairing irrigation systems damaged by tree, and/or stump removal. Contractor should carry poly pipe, and fittings to correct any damage. Couplings should be ½” and ¾” as they fit most residential systems.

Tire ruts left on the right-of-way from tree removal/stumping operations need to be repaired by the contractor. The Contractor will repair tree stump holes resulting from grinding operations. Areas will have topsoil added, to a minimum depth of 3”. The topsoil shall be friable, and free of debris, clay, or other material. The topsoil shall be raked level. Grass seed will be added, and lightly raked into the topsoil for good soil / seed contact. Grass seed shall consist of a sunny type mix containing bluegrass, perennial ryegrass, and fescue. Unnecessary damage will need to be fixed at the City’s discretion.

Tree stump removal/grinding is not a 3’ radius circle. It is a 3’ radius from the furthest point out of the trunk. Stumps also need to be done to be depth of 8”, except where the grinder may hit the curb or sidewalk.

The contractor will be required to remove all tree parts, and debris, and to clean up work areas at the end of each workday. IN NO EVENT WILL THE CONTRACTOR BE PERMITTED TO STOCKPILE

ANY TREE PARTS IN THE WORK AREAS OR PARKS AT THE CLOSE OF ANY WORKDAY.

ACCEPTANCE AND FINAL PAYMENT

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.

CONTRACT COMMUNICATION, AND WORKFLOW PROCESSES

The city requires weekly updates on progress of removals, in writing, communicated to the DPWD.

The update will include the address of removal and whether the stump has been removed.

Furthermore, all crew absences must be communicated in writing with the DPWD.

If contractor crews are not working due to equipment problems, or weather-related issues, the city expects daily communication by 8:00 a.m. of the day involved to the DPWD.

All trees and stumps must be removed before work is allowed in subsequent sections.

EMERGENCY REMOVAL RESPONSE – ONLY ON AN AS NEEDED BASIS

1. Equipment shall be operated in a safe and prudent manner in accordance with all Federal, State (MIOSHA), and local ordinances.

2. Safety precautions shall be practiced by the contractor to adequately safeguard all persons, and property from injury or damage. Federal, State, and local ordinances apply.

3. Cleanup and disposal of all debris generated from the emergency response shall be the responsibility of the contractor. Debris generated from City of Livonia related work will be accepted by Mid-Michigan disposal yard free of charge.

4. All work sites shall be left clean, and free of debris at the end of the emergency response UNLESS permission is given by the City for extenuating circumstances.

5. Access to residential driveways must be maintained at all times.

6. The contractor and their employees are expected to respond to the public in a respectable and courteous manner. The contractor or their employees are to refer the citizen(s) to the Department of Public Works at (734) 466-2655.

7. Emergency tree removals shall be measured in DBH – 54” above grade. Stumping will be done to a depth of 18”, unless otherwise noted by City staff. Stumping shall be done to a width of 3’ from the edge of the trunk. Obvious, visible surface roots shall be “chased”. Stump grindings shall be removed to grade and replaced with 3” of topsoil. Sunny mix grass seed shall be added to the stump area.

CONTRACT COMPLETION

The program shall be completed within sixty (60) calendar days following execution of the contract, but in no event later than August 31 of each contract year.

This contract shall expire on September 30, 2027, with the option for two (2) year extension, subject to mutual agreement between the Contractor and the City. If mutually agreed upon, the extension shall run through September 30, 2029.

PUBLIC SERVICE DIVISION

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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. Workers

11. Subcontracting

12. Director’s Status

13. Inspector’s Status

14. Inspection

15. Protection of Work

16. Accident Protection

17. Working Space

18. Use of the Site

19. Order of Completion – Use of Completed Portion

20. Permits, Surveys and Compliance With Laws

21. Laying Out Work

22. Survey Monuments

PUBLIC SERVICE DIVISION

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GENERAL CONDITIONS

23. Sanitary Regulations

24. Report of Errors and Discrepancies

25. Estimated Quantities

26. Contractor’s and Subcontractor’s Insurance

27. Proof of Carriage of Insurance

28. Performance Bond

29. Labor and Materials Bond

30. Maintenance and Guarantee Bond

31. Forfeiture of Contract

32. Definition of Notice

33. Additional or Omitted Work – Payment

34. Deduction for Uncorrected Work

35. Time Limit of Contract

36. Extension of Time

37. Estimates and Payments

38. Fair Employment Practices Act

PUBLIC SERVICE DIVISION

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GENERAL CONDITIONS

1. Contract Documents

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

2. Definitions

Certain terms, when used in the contract documents, shall be respectively defined as follows:

“City or Owner” The City of Livonia.

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

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

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

Surety, the Contractor’s bonds securing the performance of the within contract.

“Director” The Director of Public Works of the City of Livonia or any of his designated representatives.

3. Intent of the Contract Documents

The respective contract documents are complementary, so that requirements of any particular document shall be applicable to all. The contract price, as such term is used in the contract documents, shall include the cost of all superintendence, labor and materials, and all other expense necessary for the proper execution of the work.

The specifications, schedules, plans and drawings herein referred to shall be taken together to explain each other and to make the whole consistent. Work shown on a plan and not mentioned in the specifications, or vice versa, shall be performed as if shown by both; and, in case of conflict, the Director will determine which will govern. In case of ambiguity in the plans or specifications, the Director will decide as to the correct interpretation thereof. Where errors or omissions are encountered in the contract documents, the applicable sections of the current edition of the Wayne County’s Road Commissioners General Specifications for Roads, Bridges, and Miscellaneous Construction shall prevail.

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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 made available to the City at all times.

5. Shop Drawings

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

Approved or conformed copies of all shop or setting 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

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construed in such a manner as to exclude manufacturers’ products of comparable quality, design and efficiency. The contractor shall comply with requirements in the contract documents relative to the City’s approval of materials and equipment before they are incorporated in the work.

8. Patents and Infringements

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

9. Superintendence

The contractor shall give his personal superintendence to the work or 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. Workers

The contractor shall employ only competent, efficient workers 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 City shall notify the contractor, in writing, that in its opinion any worker so employed is careless, incompetent, disorderly, or otherwise unsatisfactory, such worker shall be relieved from the job and shall not again be employed thereon except with the written consent of the City.

11. Subcontracting

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

12. Director’s Status

The Director shall have general supervision and direction of the work, and authority to stop such work whenever necessary to insure proper performance of this contract. He shall also have authority to reject all work and materials which do not conform with the

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contract, to direct the application of forces to any portion of the work, as in his judgment is required, and to decide questions which arise in the course of such work.

13. Inspector’s Status

The City may appoint on-the-job inspectors who shall be under the direction of the Director. Such inspectors will inform the Director 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 Director; but they shall have no authority to direct the contractor’s work or workers, to supervise the contractor’s operations or to change the contract plans or specifications.

In no instance 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 wherever it is in preparation or progress, and the contractor shall provide proper facilities for such access and for inspection.

The City representative shall be provided all dates, times and locations of the work being performed.

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

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

15. Protection of Work

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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.

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

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

17. Working Space

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

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

18. Use of Site

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

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

19. Order of Completion – Use of Completion Portion

The contractor shall cooperate with the City, when reasonably possible, to complete any portion or portions of the work in such order of time as will be beneficial to the City without prejudice to the contractor’s interests.

Use of a completion portion of the work by the City shall not be deemed as acceptance of the work so used or any part thereof.

20. Permits, Surveys and Compliance With Laws

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

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

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

21. Laying Out Work

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

The Director will set suitable stakes and marks showing the locations and elevations of the various parts of the work and will furnish the contractor with cut sheets referred to the reference points. No work shall be undertaken until such stakes and marks shall have been set. The contractor shall 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 locate the work accurately with respect to the reference points.

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

22. Survey Monuments

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

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23. Sanitary Regulations

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

24. Report of Errors and Discrepancies

If, in the course of the work, the contractor finds any discrepancies between the plans and physical conditions encountered, or any errors or omissions in the plans or layout, it shall be his duty to immediately inform the Director in writing. Any work done after such discovery, until authorized by the Director, 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 the loss of profit, because of a difference between the quantities of the various classes of work actually done or materials actually delivered, and the estimated quantities as herein stated.

26. Contractor’s and Subcontractor’s Insurance

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

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

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

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

Insurance. The contractor shall procure and maintain during the life of this contract, Owner’s and Contractor’s Protective Public Liability and Property Damage

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Insurance, in the name of the City, in an amount not less than $1,000,000 for injuries, including accidental death, to each person; and, subject to the same limits for each person, in an amount not less than $1,000,000 for damage to property.

Such insurance shall include motor vehicle exposure.

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 for injuries, including accidental death, to each person; and, subject to the same limit for each person, in an amount not less than $1,000,000 on account for each accident; and in an amount not less than $1,000,000 on account for each accident for damage to property.

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

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

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

27. Proof of Carriage of Insurance

The contractor shall provide the City, at the time this contract is returned by him for execution. A letter from the insurance carrier (NOT the agent or agency) which refers to the certificate by number and states that notwithstanding the disclaimers on the referenced certificate, the coverages, coverage amounts, and expiration dates stated on the certificate are true and correct in all particulars, together with an Earlier Notice of Cancellation endorsement which describes the notice the City of Livonia will receive prior to any change or cessation of coverage (sample attached).

28. Performance Bond

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

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contractor selects, acceptable in form and content to the City Attorney, in the full amount of the contract.

29. Labor and Materials Bond

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

30. Maintenance and Guarantee Bond

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

31. Forfeiture of Contract

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

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

32. Definition of Notice

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

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

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

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

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

33. Additional or Omitted Work – Payment

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

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

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

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

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

34. Deduction for Uncorrected Work

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

35. Time Limit of Contract

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

36. Extension of Time

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An extension of time may be granted by the City in the event of the work being delayed, beyond the prescribed time for completion, by carriers, the elements, general strikes, accidents or other causes not under the contractor’s reasonable control. Such an extension of time shall be deemed to be in full compensation for any loss or injury sustained by the contractor by reasons of delays caused as aforesaid, and the contract shall not thereby be invalidated in any respect.

37. Estimates and Payments

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

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

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

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

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

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

Acceptance by the contractor of the 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

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anything done, furnished for, or relating to the work, as well as any act or neglect of the City or of any person relating to or affecting the work.

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,…