chemical root bid final_April 23 2025_FINAL.pdf

CITY OF LIVONIA

DEPARTMENT OF PUBLIC WORKS

PUBLIC SERVICE DIVISION

2025 - 2028 Chemical Root Control Program with a Two (2) Year Option Extension

TABLE OF CONTENTS

CONTRACT DOCUMENTS

1. Advertisement for Bids AB-1

2. Instructions to Bidders IB-1

3. Proposal Form PF-1 and PF-6

4. General Conditions GC-1 thru GC-14

5. Technical Specifications TS-1 thru TS-7

6. Performance Bond PB-1

7. Labor and Materials Bond LMB-1

8. Maintenance & Guarantee Bond MGB-1 thru MGB-2

9. Certificate of Insurance for City of Livonia Projects COI-1

10. Contractor’s Declaration CD-1

11. Contractor’s Affidavit CA-1

12. Contract C-1 and C-2

DEPARTMENT OF PUBLIC WORKS

PUBLIC SERVICE DIVISION

AB-1

ADVERTISEMENT FOR BIDS

FOR THE CITY OF LIVONIA

SEWER LINE CHEMICAL ROOT CONTROL PROGRAM

Sealed proposals will be received by the City of Livonia, Michigan via the MITN website (www.mitn.info), until 2:00 p.m. on MAY 13, 2025. Bid submissions will be accepted online only. Recorded bid amounts will be posted on the MITN website. Bids submitted electronically shall be provided in Adobe Acrobat PDF Format. The Livonia City Hall is closed to the public until further notice. Only bids received via the MITN website will be considered.

The City of Livonia seeks proposals for the following:

SEWER LINE CHEMICAL ROOT CONTROL PROGRAM

2025 – 2028 with a Two (2) Year Option Extension

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 on the MITN website at www.mitn.info.

The City reserves the right to reject any or all bids and to waive irregularities in bids.

Donald R. Rohraff Director of Public Works

Maureen Miller Brosnan Mayor, City of Livonia http://www.mitn.info/

IB-1

INSTRUCTIONS TO BIDDERS

FOR

CHEMICAL ROOT CONTROL 2025 – 2028 PROGRAM

With a Two (2) Option Extension

1. Bids will be received electronically by the City of Livonia, Michigan, as owner, until 2:00 p.m. on May 13, 2025 via the MITN website (www.mitn.info). Bid submissions will be accepted online only. Recorded bid amounts will be posted on the MITN website. Bids submitted electronically shall be provided in Adobe Acrobat PDF Format. The Livonia City Hall is closed to the public until further notice. Only bids received via the MITN website will be considered. Late bids will not be considered.

2. Bids shall be for items as specified on attached Specifications and Proposal Form

3. Bids shall be submitted via the MITN website. The subject line of the email shall read:

“Chemical Root Control Due 05/13/2025”. The body of the email shall contain:

• Company Name

• Mailing Address

• Contact Person & Title

• Phone Number & Email Address

4. The vendor’s bid response shall be attached to the email in Adobe PDF Format. This is the only acceptable format for bid submission.

5. Bids shall be submitted in strict accordance with the City of Livonia specifications for the items listed herein. Bid responses shall be submitted on the forms provided by the City of Livonia only without deviation.

6. If any figure already entered on the proposal form by the bidder is to be altered, it shall be crossed out with ink and the new unit price entered above it or below it and initialed by the bidder.

7. Unless otherwise specified, delivery shall be to the Department of Public Works Yard, 12973 Farmington Road, Livonia, Michigan 48150.

8. In comparing bids, 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 on any contract in an amount of $100,000 or less, and less than one percent lower on any amount bid in excess thereof. The firm making the lowest bid thus evaluated shall be deemed the lowest bidder. (Section 3.04.140.E.1. of the Livonia Code of Ordinances, as amended).

Submitted by:

(Company name)

SEWER LINE CHEMICAL ROOT CONTROL PROPOSAL FORM (2025 - 2028)

PF-1 of 6

PROPOSAL PRICE PAGE

(Submit with Bid)

Sewer line chemical root control, including all labor, materials, equipment and associated costs, shall be paid for at the unit price bid per linear foot of each size pipe. Unit prices are to be computed per linear foot manhole-to-manhole.

PIPE SIZE UNIT PRICE PER

LINEAR FOOT

(2025 – 2028)

ESTIMATED

FOOTAGE (LF)

TOTAL PRICE

6 inch 1,000 8 inch 1,000 10 inch 1,000 12 inch 1,000 15 inch 1,000 18 inch 1,000 21 inch 1,000 Additional Manholes* 1,000

Sum Total Price (in figures)

* Manholes not directly connected to main-line sections of pipe specified for treatment.

The Owner reserves the right to reject any or all bids. Bidders are cautioned not to attach any conditions, limitations, or provisions to the proposal as such conditions, limitations or provisions will render their bid informal and cause its rejection.

Submittals: Failure to enclose the following will render this bid non-responsive and result in the rejection of this bid. Indicate whether the following are enclosed.

Yes No Proposal Price Page Specimen Label Safety Data Sheet Pollution Liability Insurance Certificate Environmental Hazard Submittal Contractor’s Qualification Page Contractor’s Reference Page Pesticide Applicator Experience Submittal Confined Space Entry Certificates

SEWER LINE CHEMICAL ROOT CONTROL PROPOSAL FORM (2025 - 2028)

PF-2 of 6

ENVIRONMENTAL HAZARD SUBMITTAL

(Submit With Bid)

Complete the following questionnaire with respect to the product submitted for use by the bidder.

1. Check the US EPA classification for the submitted product.

Restricted use ___ General use ___

2. What are the Active Ingredients in the product submitted? __________________

3. Check the classification the U.S. Environment Protection Agency has assigned to the active ingredient(s) in your product with regards to whether it causes cancer:

1985 Classification 2005 Classification Human carcinogen Carcinogenic to humans Probable human carcinogen Likely to be carcinogenic to humans Possible human carcinogen Suggestive evidence of carcinogenic potential Not classifiable as to Human

Carcinogenicity Inadequate information to assess carcinogenic potential Evidence of Non-carcinogenicity for humans Not likely to be carcinogenic to humans

4. Volatile organic compounds (VOC) present an inhalation exposure hazard to humans. Does the product submitted contain active herbicide(s) that are considered (VOC) at ambient temperatures? Yes ____, No_____.

If yes, list the volatile herbicide(s) below: ________________________________

PF-3 of 6

CONTRACTOR’S QUALIFICATION SUBMITTAL

Failure to complete this page in full, and to provide valid, existing licenses and insurance, as required, will render this bid non-responsive and result in the rejection of this bid.

Contractor name: ____________________________________________________________

Street Address: _____________________________________________________________

City/State/Zip: ______________________________________________________________

Contractor’s State Pesticide Business license #: ___________________________________

Contractor US DOT #: _______________________________________________________

Brand name of proposed chemical root control product: _____________________________

US EPA root control product registration #: ______________________________________

State root control product registration #: __________________________________________

Does the Contractor have pollution liability insurance as specified? Yes ___ No ___

Contractor’s pollution liability insurance carrier: ___________________________________

What is the current a.m. best rating for your pollution insurance carrier? ________________

Using the product submitted, does the Contractor have:

1. A minimum of 5 years of experience. Yes ___ No ___

2. A total of 500,000 linear feet completed in the specified type of work. Yes ___ No ___

3. Completed three other jobs, each consisting of more than 50,000 linear feet, which can the owner verify? Yes ___ No ___

Is a product label and Safety Data Sheet (SDS) attached? Yes ___ No ___

As per the federal code 29 CFR 1910.146, are certificates of completion in confined space entry training attached for all pesticide applicators listed below? Yes ___ No ___

Contractor's State Certified Pesticide Applicators (List 3 minimum)

1. Name: Certification #: _________ Years of Experience: _________

2. Name: Certification #: _________ Years of Experience: _________

3. Name: Certification #: _________ Years of Experience: _________

PF-4 of 6

CONTRACTOR’S ROOT CONTROL REFERENCE PAGE

The Contractor must submit three municipal references of similar scope using the product submitted, which the owner can verify.

Owner/Agency:

Address:

City, State, Zip:

Contact & Phone:

Footage Treated:

Date of Treatment:

Owner/Agency:

Address:

City, State, Zip:

Contact & Phone:

Footage Treated:

Date of Treatment:

Owner/Agency:

Address:

City, State, Zip:

Contact & Phone:

Footage Treated:

Date of Treatment:

Only experienced Contractor’s in this type of work will be considered for award. Failure to provide sufficient verifiable references will result in the rejection of this bid.

PF-5 of 6

PESTICIDE APPLICATOR SUBMITTAL

Complete this form for each qualified Certified Applicator. Make copies, as necessary.

License Information

Applicator’s Name: _____________________________________________________

Pesticide Applicators License #: ___________________________________________

State Issuing Pesticide Licensing: __________________________________________

Date License Issued: _________________ Date License Expires: ________________

Name of Licensing Agency: ___________________________ Phone: _____________

Copy of License Submitted with Bid (Yes, No)? _______

Applicator’s Experience Obtained with above License

Owner (Name of Municipality) Date Complete Footage Treated

Total Footage Treated under this License: _____________

SEWER CHEMICAL ROOT CONTROL - TECHNICAL SPECIFICATIONS

TS-

PART 1 - GENERAL

1.01 SCOPE OF WORK

Supply all labor, equipment, materials, and incidentals necessary to apply an herbicide root control product within sanitary sewer lines to kill the root growth present and to control regrowth without damaging the vegetation producing the roots.

1.02 SUBMITTALS

A. The Contractor shall provide shop drawings, product info, and other pertinent information as follows:

1. Safety Data Sheet (SDS)

2. Product Specimen Label.

3. Registration with US EPA.

4. Registration with the Michigan Department of Environment, Great Lakes and Energy

(EGLE).

B. Experience and Qualifications

Bidders must be licensed with the State prior to the bid date. All bidders must have a minimum level of pesticide application experience with the product submitted, (see Part 6) and always employ a State certified pesticide applicator on every job site. The contractor must submit certificates for three current employees with valid certificates of completion of a course in a confined space rescue training in accordance with the Federal Regulation CFR 29 1910.146 that pertains to manhole entry. Certificates must apply to field personnel the contractor intends to have work on the project specified herein. Contractors must provide the necessary references and documentation with the bid (see reference page attachment).

1. Applicator license/certification with the State. Experience records demonstrate a minimum of 500,000 feet of sewer applications as a Certified Pesticide Applicator.

See Part 6.04

2. Experience records to demonstrate a minimum of three projects completed and each project exceeding 50,000 linear feet of direct experience in applying chemical sewer root control of the specified type. See Part 6.03

3. Project experience to indicate the staffing and equipment capable of performing work consistent with the needs of this contract on an immediate basis.

1.03 TRANSPORTATION, STORAGE, AND PROTECTION

All materials shall be transported, stored, and protected in accordance with manufacturers’ recommendations and applicable Federal and State guidelines. Liquid chemicals must be packaged in mini-bulk containers that are designed for re-use with dry lock connectors, as part of a closed chemical handling system. Disposable pesticide containers will not be accepted for use on this project.

PART 2 - PRODUCTS

2.01 ROOT CONTROL PRODUCT

A. The root control product shall be registered with the US EPA and the State, prior to the bid opening, and shall be labeled for use in sewers to control tree roots. The root control product shall contain an active ingredient for killing sewer roots and controlling their regrowth. There should also be a surfactant system to deliver the active ingredient (herbicide) to the target root tissue.

1. Active ingredient:

a. Shall not be labeled “RESTRICTED USE: DUE TO ACUTE TOXICITY” by the US

EPA.

b. Must be currently classified by the US EPA as a non-carcinogen, i.e., as “Not Likely to Be Carcinogenic to Humans” under either the 1985 or 2005 classification systems.

c. Must be non-volatile to prevent inhalation and/or exposure to workers, homeowners and the public in the vicinity of treated areas.

2. Surfactant system:

a. Must produce a dense, small bubble, clinging foam, which sustains its shape for a minimum of one hour.

b. Must enhance the penetration of herbicide into root masses.

c. Products that generate foam chemically, upon contact with water shall not be accepted.

B. Substitutes and Proven Equivalents:

Should the Contractor wish to use any product other than specified herein, must submit complete descriptive literature naming the proposed substitution and manufacturer and must be approved in writing prior to the bid date.

PART 3 - APPLICATION

3.01 MANNER OF APPLICATION

A. All work must be performed by on-site State certified applicator and be performed according to label instructions. All applications shall be done by foaming or methods provided on the product label.

The application of the product shall be performed in such a way as to contact roots within the main line sewer to be treated. Effort will also be made to penetrate lateral sewers to contact roots residing in the “wye” connections. The foam must be generated using air injection equipment, and the foam must be pumped into the sewer under low pressure. Foam quality must be sufficient to effectively treat all pipe diameters. Products designed to generate foam on contact with water shall not be accepted.

B. Due to efficacy and risk of exposure, high pressure application equipment shall not be used prior to or during the treatment process.

C. Manholes used to access a main line sewer section for treatment must be treated as part of the main line treatment and included as part of the main line section price per foot. The Contractor must fully cover the inside manhole wall with a three-inch coating of foam within twelve inches of the road/ground surface. The Contractor must incorporate a treatment method that complies with all safety and label instructions of the pesticide product accepted for use.

3.02 NOTIFICATION OF WASTEWATER TREATMENT PLANT

The Contractor shall take all steps necessary to prevent adverse effects on wastewater treatment plant (hereafter, WWTP) processes.

The Contractor attests, through submittal of this bid and entering this contract, that the Contractor is expert in this type of work and understands the risks posed by this type of work on WWTP processes. The Contractor shall not rely on the Owner for guidance in this regard.

The introduction of any products in any collection system must be with the approval of the appropriate WWTP personnel, and the Contractor must notify appropriate WWTP personnel of the date and time of all intended work, and provide information requested, including specimen product labels and Safety Data Sheets, for any products introduced to the collection system.

The Contractor will provide names and phone numbers of individuals responsible for the application of the products.

The Contractor shall be financially responsible for any adverse effects on WWTP processes caused by the product applications, including but not limited to the following: damages to plant processes or equipment, clean-up and restoration costs, fines imposed on the Owner or on the operator of the WWTP by State or Federal agencies, pollution of receiving waters, and civil suits. The Contractor shall further indemnify and hold harmless the Owner and the operator of WWTP against all costs, including legal expenses, relating to WWTP failure or other damages or pollution caused by the application of products by the Contractor.

3.03 POLLUTION LIABILITY INSURANCE

The pollution liability insurance described herein is in addition to all other insurance required by the

Owner.

At the time of the bid opening, the contractor shall submit insurance certificates showing pollution liability coverage. This coverage shall protect the contractor, the agency, and the agency’s officer, agents, and employees from claims for damages for bodily or personal injury, sickness or disease, including death, and from claims for damages to property and/or the environment, which may arise directly out of the use of chemicals and/or pollution. The minimum amount of such insurance shall be five million ($5,000,000.00) dollars total loss. This insurance shall be provided to the contractor by an insurance company that holds at least an “a” rating by a.m. best rating service. Nothing contained in this section shall be construed as limiting the extent of the contractor’s responsibility for payment of damages resulting from his operations under the contract.

PART 4 - REPORTING AND DOCUMENTATION

4.01 REPORTS ON COMPLETED WORK TO BE PROVIDED BY THE CONTRACTOR

A. Upon completion of the project and accompanying the invoice, or whenever requested to by the Owner, the Contractor shall submit reports which show the following information:

1. The name of the Owner

2. The report date

3. The date each given sewer line was treated

4. Street name for each given sewer line

5. A description (manhole numbers, house numbers, cross streets, etc.) which will enable the Owner to accurately identify the exact location of each sewer line

6. The pipe size for each given sewer line

7. The length (manhole to manhole) for each given sewer line

8. To demonstrate the ability to complete GIS maps for lines treated

9. The date the guarantee expires on each given sewer line

10. The ability to have each treatment truck on site to be equipped with GPS locations

In addition, all reports should be provided in an acceptable software form and formatted for a program designated by the owner at the time of billing.

4.02 GEOSPATIAL (GIS) DOCUMENTATION AND DATA CAPTURE

A. The owner will provide Contractor with the GIS files necessary to locate structures and pipelines for the project. File format shall be in. GDB, .SHP and/or .CSV format. GPS coordination accuracy is not guaranteed.

B. Contractor will supply secure hosting to GIS platform to upload and manage project data. A link to the Owner shall be provided to track project progress and shall be considered incidental to the project.

C. Contractor will verify GIS pipe footage and will document the following:

a. Name of Applicator

b. Treatment Date

c. Status of pipeline completion

d. Treated length of pipe

D. Upon completion of field work and project close out, Contractor shall provide to Owner, upon request, a GIS geodatabase export (if attachments were captured during study) or .SHP file export

PART 5 - GUARANTEE

5.01 REQUIREMENTS

For each sewer section (manhole-to-manhole) that is treated under the Contract, the Contractor shall guarantee the work as follows.

At the option of the Owner, the Contractor shall, at his own expense, re-treat a sewer section, or refund 100% of the payment received to treat that section, in the event that: (1) live roots are found in the section within six months after the application; or, (2) the section plugs up due to tree root obstructions within a period of two years, beginning the date of treatment, and ending two years after the date of treatment.

Retreatments, performed at no charge in honor of the guarantee, do not extend the expiration date of the guarantee.

The guarantee applies only to main line sewer stoppages caused by tree roots. The Contractor is not responsible for damage caused by main line stoppages.

The decision of the Owner as to the cause of a stoppage is binding.

The Contractor shall be required to return periodically, at the Contractor's sole expense, for the purpose of performing free re-treatments as required under the guarantee.

PART 6 - QUALIFICATION SUBMITTALS

6.01 ENVIRONMENTAL HAZARD SUBMITTAL

Complete the attached questionnaire and submit with a bid.

6.02 CONTRACTOR’S QUALIFICATION SUBMITTAL

Complete the attached qualification form and submit with a bid.

6.03 CONTRACTOR’S EXPERIENCE SUBMITTAL

The Contractor must submit three municipal projects as references for chemical sewer root control work which the agency can verify. Each reference must meet or exceed a project size similar scope.

Each reference must be for work performed by the Contractor within the last five years. All references must pertain to actual root control work performed by the Contractor (sub-Contractor references are not applicable). Reference work shall have been performed with the product submitted, and the manner of application specified herein. Previous work for the agency is applicable. Reports and invoices for completed work shall be submitted to verify experience.

6.04 PESTICIDE APPLICATOR EXPERIENCE SUBMITTAL

Certified pesticide applicators shall have a minimum of five years’ experience in performing the type of work specified, while licensed as a state-certified pesticide applicator. To be considered as qualifying experience, experience must meet the three following requirements: 1) the experience must be obtained as a state licensed and certified applicator, and 2) the experience must have been obtained while the applicator was in the employ of the bidder, and 3) the experience must be for the applications of the product submitted herein. Each certified pesticide applicator shall have personally performed a minimum of 500,000 linear feet of treatments as a certified pesticide applicator. The Contractor must submit a list of three (minimum) employees that are certified with the State, and that meet these requirements with the bid. Complete the attached questionnaire for each applicator and submit with a bid.

PART 7 - CONTRACT PERIOD

7.01 The initial term of the contract shall be for the period of one year. The contract may be extended for additional one-year periods up to a total of four additional years, with the mutual consent of the Owner and Contractor. Price changes for succeeding years shall be adjusted in accordance with the consumer price index for the Owner’s locale.

GENERAL CONDITIONS CITY OF LIVONIA - DEPARTMENT OF PUBLIC WORKS

GC-1

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

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

GC-2

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.

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.

GC-3

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 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.

GC-4

8. Patents and Infringements

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

9. Superintendence

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

10. Workers

The contractor shall employ only competent, efficient workers who are skilled in the work assigned to them and shall 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 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

GC-5

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

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

15. Protection of Work

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

GC-6

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 red flags by day and red lights by night shall be diligently posted by the contractor at all points of possible danger. In case detours or other traffic instructions are necessary, suitable warning or direction devices shall be installed and maintained by the contractor.

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

17. Working Space

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

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

18. Use of Site

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

GC-7

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.

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.

GC-8

26. Contractor’s and Subcontractor’s Insurance

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

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

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

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

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

Such insurance shall include motor vehicle exposure and specific coverage, by endorsement, which shall be described in the following manner:

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

d. Subcontractor’s Public Liability and Property Damage Insurance. The contractor shall require each of his subcontractors to procure and maintain during the life of their 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, GC-9 subject to the same limit for each person, in an amount not less than $1,000,000 on account for each accident; and in an amount not less than $1,000,000 on account for each accident for damage to property.

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

27. Proof of Carriage of Insurance

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

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

Insurance.

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

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

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

28. Performance Bond

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

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.

GC-10

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

31. Forfeiture of Contract

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

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

32. Definition of Notice

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

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

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

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

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.

GC-11

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 the performance of this agreement unless the work is satisfactorily completed, in every respect, within the time herein specified.

36. Extension of Time

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