Tree Trimming.pdf

CITY OF LIVONIA

DEPARTMENT OF PUBLIC WORKS

PUBLIC SERVICE DIVISION

ADVERTISEMENT FOR BIDS

FOR

2027 TREE TRIMMING PROGRAM

(Two year extension option)

The City of Livonia Michigan will receive sealed bids VIA THE MITN WEBSITE ONLY (WWW.MITN.INFO) according the scope of work herein until 2:00 p.m., NOVEMBER 10, 2026. PHYSICAL BID SUBMISSION WILL NOT BE

ACCEPTED.

A public bid opening will be conducted online only via ZOOM on November 10, 2026 at 2:00 p.m. local time. Interested parties may attend virtually by phone or computer.

Bid opening access by computer:

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

Bid opening access by phone:

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

Pricing recorded during the online bid opening will be posted to the MITN website. The bid opening figures posted do not represent an intent to award.

The City will go through its normal evaluation process and present a contract to City Council for consideration. Vendor’s should make no assumption as to award of contract. Official notice of award will be posted to the MITN website upon City Council approval.

The trimming of approximately 2,626 trees within the public right-of-ways. Contract is for one year (2027) with an optional, mutually agreed upon two-year extension (2028- 2029) of 4,995 trees.

Each proposal shall be accompanied by bid bond in the amount of five percent (5%) of the proposal, payable to the City of Livonia, 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.

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

http://www.mitn.info/

A mandatory pre-bid inspection meeting to explain the project and answer any questions will be held at 10:30 a.m. on October 26, 2026. Prospective bidders should meet in the Main Conference Room of the Livonia DPW (12973 Farmington Road).

QUESTIONS:

Questions regarding the Request for Bid must be submitted in writing to the attention of Gus Kandah, Purchasing Manager, via email at:

gkandah@ci.livonia.mi.us. All questions receive by November 4, 2024 will be responded to in writing in the form of an addendum which will be posted on 1MITN website. No phone calls will be accepted. All inquiries regarding this solicitation shall be submitted to the Purchasing Manager.

Doug Moore Director of Public Works

Maureen Miller Brosnan Mayor, City of Livonia mailto:ebachelor@ci.livonia.mi.us mailto:gkandah@ci.livonia.mi.us

PUBLIC SERVICE DIVISION

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INSTRUCTIONS TO BIDDERS – TREE TRIMMING

1. PROPOSALS

a. Sealed proposals will be received as per Advertisement for Bids. Bids will be received online via the MITN website (www.mitn.info) only. Physical bid documents will not be accepted.

b. Proposals shall be submitted only on forms provided and shall be a lump sum bid for all items of the contract. Bids are required to use the Excel spreadsheet provided by the City to submit pricing in response to the bid.

c. Proposals shall be submitted online on or before the time specified in the Advertisement for Bids. 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 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 from the amount shown in the proposal.

2. INSPECTION OF SITE

a. The number of tree trimmings 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 trimming on the number shown on the Proposal Form.

http://www.mitn.info/

PUBLIC SERVICE DIVISION

IB-1

INSTRUCTIONS TO BIDDERS – TREE TRIMMING

1. PROPOSALS

a. Sealed proposals will be received as per Advertisement for Bids by 2:00 p.m. on November 10, 2026. Bids will be received online via the MITN website (www.mitn.info) only. Physical bid documents will not be accepted.

b. Proposals shall be submitted only on forms provided and shall be a lump sum bid for all items of the contract. Bids are required to use the Excel spreadsheet provided by the City to submit pricing in response to the bid.

c. Proposals shall be submitted online on or before the time specified in the Advertisement for Bids. 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 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 from the amount shown in the proposal.

i. A public bid opening will be conducted online only via ZOOM on November 10, 2026 at 2:00 p.m. local time. Interested parties may attend virtually by phone or computer.

Bid opening access by computer:

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

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Bid opening access by phone:

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

Pricing recorded during the online bid opening will be posted to the MITN website. The bid opening figures posted do not represent an intent to award. The City will go through its normal evaluation process and present a contract to City Council for consideration. Vendor’s should make no assumption as to award of

2. INSPECTION OF SITE

a. The number of tree trimmings 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 trimming on the number shown on the Proposal Form.

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

3. TIME OF COMPLETION

The contractor shall commence work within ten (10) days (Sundays and holidays excepted) of execution of contract and shall complete the work by October 31st of each year of the contract (Sundays, and holidays excepted). 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

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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.

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.

f. The duration of this contract is for one (1) year, with a mutually agreed upon extension, between the City and contractor, for an additional two (2) years.

7. MAINTENANCE AND GUARANTEE BOND

The Maintenance and Guarantee Bond requirement (page GC-8, paragraph 30) is deleted from this contract.

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DEPARTMENT OF PUBLIC WORKS

PUBLIC SERVICE DIVISION

SPECIFICATIONS FOR THE 2027 – 2026 RIGHT-OF-WAY MUNICIPAL TREE TRIMMING

PROGRAM

INTRODUCTION

The City of Livonia Department of Public Works is soliciting proposals from qualified tree trimming contractors. The scope of work will provide tree trimming as specified at an hourly price to complete Livonia tree trimming service requests. Furthermore, work may include emergency call-in work for tree damage including tree trimming, pruning, tree removal, and stump removal with cleanup.

Qualified contractors must have a working knowledge of municipal tree care. Contractors will provide all equipment, labor, tools, materials, and services as specified. The contractor shall also be responsible to dispose of all related debris.

This contract shall run one (1) years in length with a mutually agreed on one (1) year extension between the contractor, and the City. The contract shall expire on November 16th, 2027 unless the agreed two-year extension is observed. If the extension is agreed on, the contract shall expire on November 16th, 2026.

OBJECTIVE

The objective of this proposal will provide the City of Livonia with the ability to utilize contractual services for section tree trimming, service requests, street tree maintenance requirements of areas described herein, and emergency response for storm-related tree damage. Areas of work may include: City rights-of-way adjacent to residential neighborhoods, including boulevards, medians, islands, cul-de-sacs, parks, City-operated buildings. All located within the City of Livonia. Furthermore, trees in County and State right-of-ways, in the City of Livonia may be maintained.

This proposal is viewed to be an extension of the Roads and Parks Section of the Public Service Division. Completed work shall be subject to field inspection by a representative from the Department of Public Works.

GENERAL

It is the responsibility of the contractors to examine the work to be performed in each section before submitting their bids.

Methods of pruning are to be performed in accordance with standard practices set forth by the Tree Care Industry Association, International Society of Arboriculture (ISA), the National Arborist Association Pruning Standard for Class I Pruning Shade Tree as revised 1988, and the American National Standards Institute A300 (2017 Pruning) and Z133.1-2017 Guidelines.

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Personnel shall be experienced in tree work, using modern tools, and methods.

The contractor will be held responsible for any direct or indirect damages or injuries resulting from any act, omission, neglect, or conduct in the execution of the work to any public or private property. Such property shall be restored to its original condition at the expense of the contractor and to the satisfaction of the City.

All work to be performed shall be subject to the direct supervision of the Director of Public Works and/or authorized representative and, in all respects, shall meet with their approval as conforming to the provisions and requirements of this contract.

The City of Livonia reserves the right to add or delete, through written work orders, the amount of work specified by the terms of this contract.

SAFETY

All equipment being used and all work being performed must be in full compliance with the most current revisions of the American National Standards Institute Z-133.1-2017 for Tree Care Operations for Pruning, Repairing, Maintaining, and Removing Trees, Removing Brush, Safety Requirements. These standards (ANSI Z-133.1-2017) are made part of this contract by this reference.

The contractor shall abide by all MIOSHA rules, and regulations.

There may be a small percentage of ROW trees near utility service lines. Please be conscious of Electrical Hazard Awareness (EHAP). If line clearance trims need to be accomplished, please contact a City staff member and the City will contact the utility for the clearance trim request.

The contractor shall be solely responsible for pedestrian and vehicular safety and control within the work site. The contractor shall provide the necessary warning devices, barricades, and ground personnel needed to give safety, protection, and warning to persons and vehicular traffic within the area.

Blocking of public streets shall not be permitted unless prior arrangements have been made with the City and is coordinated with the proper departments. Traffic control is the responsibility of the contractor and shall be accomplished in conformance with State, County, and local highway rules and/or regulations.

EQUIPMENT

The contractor shall provide with his bid a list of all equipment to be used. The City reserves the right to inspect all equipment to be used prior to awarding a contract. Furthermore, the City reserves the right to inspect safety inspection documentation on all equipment.

All work shall be performed in a professional manner using quality equipment and materials, all of which must be maintained and operated with the highest standards.

The City of Livonia requires the company’s name to be displayed on all vehicles.

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PERSONNEL

On site supervision experienced in tree work, with the ability to respond and make decisions, must be available. All crew members must be available by cell phone when working for the City of Livonia.

An ISA certified arborist, or an ISA Certified Tree Climber must be either the supervisor or a member of the crew who can perform the tree work.

Personnel must have applicable commercial driver’s licenses (CDL). They must meet Federal, State (MIOSHA), and local rules, regulations and ordinances.

Personnel must be readily identified as employees of the company (i.e., uniforms, shirts, hats, etc.).

SUBCONTRACTING

Subcontracting will not be allowed under the terms of this agreement unless prior approval has been granted by the City of Livonia.

BIDDER’S QUALIFICATION

Bids are solicited only from contractors who have acknowledged competence in trimming and removal of trees and who have been in this type of work continuously for at least five (5) years and have satisfactorily completed contracts of this magnitude for municipalities. Bidders shall demonstrate competence, experience, and financial capacity to carry out the terms of this contract.

TRIMMING SPECIFICATIONS, WORK ORDERS, EMERGENCY RESPONSE

1. The contractor may be required to hand out literature provided by the City which explains the trimming practices and objectives. This literature must be distributed to each residence a minimum of two (2) days prior to commencing work.

2. The contractor may be required to post “NO PARKING” signs, provided by the City, one (1) day prior to commencing work. Areas will be posted once and completed before starting another area. Signs are to be removed upon completion.

3. The contractor shall meet daily with City staff.

4. Work shall not start before 7:00 a.m. and shall end no later than 7:00 p.m., Monday through Saturday. Work on Sundays, City or national holidays, and City employee-furlough days shall be prohibited unless specifically approved by the City of Livonia’s Department of Public Works.

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

6. 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.

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7. Cleanup and disposal of all trimming debris generated from these programs 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.

8. All work sites shall be left clean, and free of trimming debris at the end of each working day UNLESS permission is giving by the City for extenuating circumstances.

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

10. The contractor shall remove all dead limbs and branches 2” in diameter or greater, “hangers,” suckers, water sprouts, broken, and interfering branches. Cut all stubs at the branch collar. If requested by City staff, paint cuts and all old trunk scars with Lac ®Balsam or equivalent.

NOTE: Not all trees in sections requiring trims will need elevation trims. Branching habit, broken and storm-damaged limbs, stubs, suckers, water sprouts, and deadwood (2”) are to be removed or corrected on every tree with a DBH of 10” or greater in the section assigned according to specifications unless direct permission is granted by the City.

11. Trees requiring elevation trimming shall be trimmed using a selective removal of branches, and limbs to keep the normal balance of height and width. No tree limbs over 12” in diameter shall be removed without approval of City staff.

12. Elevating branches to maintain balance and appropriate clearance:

Clearance over curbs and streets - 16 - 18 feet Clearance over lawns, walks and drives - 8 - 10 feet Clearance from roofs and structures - 10 feet Clearance around traffic signs - 5 feet Clearance around street lights - 10 feet

Clearance of trees near street lighting and/or clearance of tree limbs under Detroit Edison lines will be assessed by the City supervisor.

Note: Height may vary depending upon boulevard width and species of tree. Any variance is to be approved by City staff. Trees shall be trimmed according to specifications of the ISA, and ANSI standards for street trees.

13. Trees located in designated sections having structural weakness, decayed trunks, split crotches, or are otherwise unsafe SHALL IMMEDIATELY BE reported to the Public Service Division.

14. 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, Public Service Division, at (734) 466-2655.

15. Emergency tree removals shall be measured in DBH – 44” 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.

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MAINTAINING TRAFFIC

Where work is carried on in streets or other public thoroughfares, the contractor shall so plan and schedule the work as to cause as little interference as possible with general public traffic, both vehicular and pedestrian. Street surfaces shall be maintained and kept clean. Access to Fire, Police, ambulance, and other emergency vehicles shall be maintained at all times. All signing and barricading (including that of a flag man) shall be in accordance with the current issue of the Michigan Manual of Uniform Traffic Control Devices.

LIABILITY OF CONTRACTOR

The contractor shall take all responsibility for the work and shall provide barricades, watchmen, flagmen, lights, etc., and take all precautions for preventing injuries to persons and property on or about the work site. Further, the contractor shall indemnify and save harmless the City and its individual officers and agents from all claims. The contractor shall supply the City with a document holding the City harmless for any action taken by and/or damage caused by said con-tractor.

Climbing irons, gaffs, or spurs SHALL NOT be used on trees being pruned. Any tree damage caused by the contractor is to be repaired immediately at no additional expense to the satisfaction of the City of Livonia. Trees damaged beyond repair, as judged by a qualified arborist who is acceptable to both the City and the contractor whose expense shall be jointly covered by both parties, are to be removed at no expense to the City and replaced by a tree of suitable size and species. The purchase price and planting cost for the tree will be deducted from monies owed to the contractor. The trees will be according to the City of Livonia specifications for planting and type of tree to be planted in the specified location.

GENERAL TERMS AND CONDITIONS

1. Save “Harmless Clause”: The contractor shall save harmless and defend the City against all claims or damages as a result of its operations under this contract.

2. Payments: Invoices for payment may be submitted on a monthly basis unless final payment is submitted on completion of all work. All invoices are subject to review by the City of Livonia. Payments will be processed as soon as possible. Payments are contingent on the availability of City staff, and may be delayed due to vacations, illnesses, or workload from other departments. Invoices need to be legible, neat, and in order of work. The ROW trimming list is sufficient to provide as evidence of work, along with the price for trimming.

3. Issuance of Purchase Orders: No purchase under this contract is authorized except by issuance of purchase orders and receipt of a fully executed copy of the contract from the City of Livonia. Normally, this will be done by issuance of periodic blanket purchase orders covering the estimated quantity for the related time period. The contractor shall reference such purchase orders on his invoices for all purchases so authorized.

4. Execution of Contract: When the contract has been signed by the awarded vendor and City officials, the contract is then considered a fully executed contract. Upon receiving executed contract, the contractor may then start the tree trimming project. Prior to receiving a fully executed contract, work is not authorized to commence.

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5. Length of Contract: The contract shall run two (2) years with an optional two (2) year mutually agreed upon extension. Trimming shall be continuous year-round. Some trees may be trimmed in the winter (oaks and American elms) and in the spring and summer (honeylocusts) with the approval of City Staff. The tree orders and emergency tree work will begin with the execution of the contract.

6. Work Assignments:

Time / Material Work – Residential tree trimming request shall be inspected by City staff.

Work will be assigned on a FIFO basis UNLESS an emergency situation develops. The contractor shall check in with City staff every morning for work assignments. The crew leader must be available by cell phone should an emergency situation arise. Completed service requests must be returned immediately after completion. Work will be charged on a T/M basis.

Section Pruning – Completed work will be inspected by City staff. Contractor crews shall turn in trim logs daily. Logs will consist of the address, and number of trees trimmed. The City of Livonia places no quota on accomplished daily work. Work will be charged on a per / tree basis. Work assignments will be directed by City staff as to locations of section trimming.

Emergencies: - Emergency issues will take precedent. City staff will inspect the emergency. The crew leader must be available at all times during an emergency.

Emergency work will be charged on a Time and Material basis.

TREE TRIMMING BID 2027

REFERENCE FORM

COMPANY NAME: _ _ _

Reference Company Name:

City/State:

Summary of Work Performed:

Dates of Work:

Company Contact Person: Title:

Phone Number: Email:

Reference Company Name:

City/State:

Summary of Work Performed:

Dates of Work:

Company Contact Person: Title:

Phone Number: Email:

Reference Company Name:

City/State:

Summary of Work Performed:

Dates of Work:

Company Contact Person: Title:

Phone Number: Email:

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 (not required for this contract)

29. Labor and Materials Bond (not required for this contract)

30. Maintenance and Guarantee Bond (not required for this contract)

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.

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8. Patents and Infringements

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

9. Superintendence

The contractor shall give his personal superintendence to the work or 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 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

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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

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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.

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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.

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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 (not required for Trimming Contract)

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 (not required for Trimming Contract)

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.