NOTICE TO BIDDERS
NOTICE IS HEREBY GIVEN that SEALED BIDS will be received at the Office of the Clerk/Treasurer, located in the Civic Center, 6000 Middlebelt Road, Garden City, Michigan 48135-2499, on or before Thursday, March 28, 2019 at 10:00 AM for the following item:
Removal of Excess Materials
Garden City has partnered with BidNet as part of the Michigan Inter-governmental Trade Network and will post their bid opportunities to that site. As a vendor, you can register with the Michigan Inter-governmental Trade Network and be sure that you will see all available bids and opportunities. This information can be found on the City’s website at www.gardencitymi.org /Purchasing Dept. Any questions should be directed to Brad Ohman or Steve Michalak at 734-793-1800, Monday through Friday, 8:00 a.m. to 3:30 p.m.
Bids should be submitted in a sealed envelope marked sealed bid for
“Removal of Excess Materials”
CITY OF GARDEN CITY
MICHIGAN
SPECIFICATIONS FOR REMOVAL OF EXCESS MATERIALS
FROM DEPARTMENT OF PUBLIC SERVICE
SCOPE OF WORK:
The removal of excess material from the Department of Public Service yard located at 31800 Beechwood, is done on an “as needed” basis.
Cost to include loading, hauling, disposal* and grading of the lot, to conform to the grade
.
*All material must be removed from the City of Garden City
The successful bidder must inform the Director of Public Service of the name and address of the proposed dump site; the dump must be licensed to receive the materials and have a current Soil Erosion and sedimentation Control Permit.
The materials to be removed are soil, asphalt, concrete, logs and wood chip.
The Contractor shall adhere to the Department of Transportation Weight Restrictions, for Spring hauling, as well as, all Local, Federal and State regulations regarding transporting above materials.
Entry into and exiting from the site must be made from authorized truck routes.
The Contractor shall continuously maintain the premises, roads, sidewalks and all other areas of the facility used by his/her forces in a clean and orderly condition. All spillage from trucks for debris, rubbish and other materials on roadways or elsewhere shall be cleaned up immediately and continuously maintained in a clean condition.
INSURANCE: See Non-Construction Contracts - General Conditions. (Attached)
BIDS TO BE EFFECTIVE FOR A PERIOD BEGINNING May 1, 2019 AND END April 30, 2022.
THE SUCCESSFUL BIDDER MUST COMPLY WITH ALL APPLICABLE STATE AND FEDERAL REGULATIONS AND HOLD ALL REQUIRED LICENSES FOR THE BUSINESS THEY WILL BE DOING WITH THE CITY OF GARDEN CITY.
GENERAL CONDITIONS
(Non-Construction Contracts)
CONTRACT DOCUMENTS
The Contract Documents shall consist of the Notice to Bidder, Proposal, General Conditions, Specifications, Bonds, Contract, Contract Drawings and any additional documents, which may be made a part of the Contract.
The Contract Documents are complimentary, and what is called for by any one shall be as binding as if called for by all. The intention of the contract Documents is to include the contract price, the cost of all superintendence, labor and materials and all other expenses necessary for the proper execution of the work.
The specifications, schedules, plans and drawings herein referred to shall be taken together to explain each other and to make the whole, taken together consistent. Work shown on the plan and not mentioned in the specifications, or vice versa, shall be done the same as if shown by both, and in case of conflict, the Owner will determine which will govern. In case of ambiguity in the plans or specifications, the Owner will decide as to the correct interpretation thereof.
In interpreting the contract documents, words describing materials or work which have a well-known technical or trade meaning, unless otherwise specifically defined in the Contract Documents, shall be construed in accordance with such well-known meaning recognized by architects, engineers and the trade.
PLANS AND SPECIFICATIONS
The work shall be executed in strict conformity with the plans and specifications and the Contractor shall do no work without proper drawings and instructions.
No person except the Owner shall have authority to revoke, alter, enlarge or change any provisions of these specifications or the plans for the work, and if the Contractor deviates from them in any particular manner, without written authorization from the Owner, he does so at his own risk and such work and payment therefore may not be approved.
DRAWINGS
Unless other wise provided in the Contract Documents, the Owner will furnish the Contractor free of charge all copies of drawings and specifications reasonably necessary to carry out the work.
SHOP DRAWINGS
The Contractor shall submit to the Owner or Owner’s Representative all shop or setting drawings and schedules required for the work. The Contractor shall make nay corrections in the drawings required by the Owner or Owner’s representative and resubmit same without delay.
DEFINITIONS
- Owner – The Corporation, firm, individual or governmental unit for which the work is being done and by which payment will be made.
- Contractor – The Corporation, firm or individual who has engaged to construct this project; “Contractor” shall not be construed to mean any subcontractors, material dealers, or manufacturers who may develop incidental responsibilities because of the construction project.
- Subcontractor – The corporation, firm or individual that has a direct contract with the Contractor to perform a portion of the construction o this project or to furnish machinery and equipment to be incorporated into the completed work.
- Director – The Director of the Department of Public Service.
- Inspector – An authorized representative of the Engineer or Owner assigned to make any or all-necessary inspections of work performed and materials furnished by the contractor.
- Proposal – The approved, prepared form on which the bidder is to submit or has submitted an offer and a schedule of prices for the work contemplated.
- Bidder – Any corporation, firm or individual who submits a proposal for the performance of this Contract.
- Surety – Any Corporation, firm or individual who is bound with and for the Contractor and is primarily liable for the proper performance of this Contract and the payment of wages and materials.
- Work – All labor, materials, equipment, transportation and all other facilities necessary to complete this Contract.
- Project – The entire improvement proposed by the Owner to be constructed in part or in whole according to this Contract.
- Days – All full calendar days.
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 insurance required of the Subcontractor has been so obtained.
- Workman’s Compensation Insurance – The Contractor shall procure and shall maintain during the lift of the contract, workmen’s compensation for all of the latter’s employees to be engaged in such work.
- 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 Owner in an amount not less than $500,000 for injuries, including accidental death, to each person; and in an amount not less than $100,000 on account of each accident, and $500,000 aggregate. Such insurance shall include motor vehicle exposure, and shall include specific coverage, by endorsement, 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, sewer and the like, occasioned by the Contractor’s sub-surface operation.
The Contractor shall require each of his Subcontractors to procure and maintain during the life of this Contract, Owner’s and Contractor’s Protective Public Liability and Property Damage Insurance in an amount not less than $500,000 for injuries, including accidental death, to each person; and an amount no less than $1,000,000 on account of each accident, and property damage in an amount not less than $100,000 each accident and $500,000 aggregate.
- Proof of Carriage of Insurance – The Contractor shall provide the Owner, at the time Contracts are returned by him for execution, certificates and policies. A guarantee that ten (10) days notice to the owner prior to cancellation of, or change in, any such insurance shall be endorsed on each policy and certificate of insurance.
ACCIDENT PREVENTION
Precaution shall be observed at all times for the protection of persons (including employees) and property. The safety provision of applicable laws, building and construction codes shall be observed. Machinery, equipment and all hazards shall be guarded or eliminated in accordance with the safety provisions of the Manual of Accident Prevention in Construction, published by the Associated General Contractors of America, to the extent that such provisions are not in contravention of applicable laws.
Substantial barricades shall be erected as deemed necessary to prevent accidents to vehicular or pedestrian traffic and 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.
PROTECTION OF WORK
The Contractor shall continuously maintain adequate protection of all his work from damage and shall protect the Owner’s and adjacent property from injury arising in connection with his Contract and shall be responsible for all damage and/or injury caused by or arising out of his operations.
USE OF JOB SITE
The contractor shall confine his equipment apparatus; the storage of materials and operations of his workmen to the limits indicated by law ordinances, permits or directions of the Owner and shall not encumber the premises with his materials.
PERMITS AND REGULATIONS
The Contractor shall secure, at no cost to the Owner, all permits and licenses necessary for the prosecution of the work. The Contractor shall keep himself fully informed of all laws, ordinances and regulations bearing on the conduct of the work.
ROYALTIES AND PATENTS
The Contractor shall pay for all royalties and patents, and shall defend all suits or claims for infringement on any patent right, and shall save the owner harmless from loss on account thereof.
SUPERINTENDENCE
The Contractor shall give his personal superintendence on the work or have at the site of the work at all times a competent foreman, superintendent, or other representative satisfactory to the Owner and Director and having authority to act for the Contractor.
WORKMAN
The Contractor shall employ only competent, efficient workmen and shall not use on the work any unfit person or one not skilled in the work assigned to him, and he shall at all times enforce strict discipline and good orders among his employees.
Whenever the Director shall notify the Contractor, in writing, that any man on the work is, in the opinion of the Director, careless, incompetent, disorderly, or otherwise unsatisfactory, such man shall be discharged from work and shall not again be employed on it except with the written consent of the Director.
ASSIGNMENTS
The Contractor shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of the Owner. In case the Contractor assigns all or any part of the monies due or to become due under this Contract, the instruments of assignment shall contain a clause substantially to the effect that it is agreed that the right of the assignee In and to any monies due or to become due to the Contractor shall be subject to prior liens of all persons, firms and corporations for services rendered or materials supplied for the performance of the work called for in this Contract.
INSPECTORS STATUS
The Owner or his designee may appoint on-the-job inspector’s work to inform the Director as to the progress of the work, the manner in which it is being done and the quality of the materials being used. The Inspector shall have the authority to reject materials or suspend the work until any questions on the performance of the work can be referred to and decided by the Director. The Inspector shall have no authority to direct the Contractor operations or to change the contract plans and specifications.
In no instance shall any action or omission on the part of the Inspector release the Contractor of the responsibility of completing the work in accordance with the plans and specifications.
INSPECTIONS
The Owner and his representative 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 Owner shall have the right to reject materials and workmanship, which are defective, or require their correction. Rejected workmanship shall be satisfactorily corrected, and rejected material shall be promptly removed from the premises without charge to the Owner. If the Contractor does not correct such condemned work and remove rejected material within a reasonable time, fixed by written notice; the Owner may remove them and charge the expense to the Contractor.
Should it be considered necessary or advisable by the Owner 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 Contractors 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 fault of the Contractor, or his Subcontractors, he shall defray all the expenses.
ALTERATIONS
No extra charge shall be made for adjustments or alterations usually occurring in construction; and plans in any particular for any cause whatever, including possible errors or omissions, will not relieve the Contractor from obligations to perform a complete and perfect piece of work.
To facilitate his work, the Contractor will be permitted, at his own expense, to make such additions or alterations as the Director may approve in writing.
REPORT OF ERROR AND DISCREPANCIES
If, in the course of the work, the Contractor finds any discrepancies between the plans and the physical conditions encountered in the work, or any error or omissions in the plan or in the layout, it shall be the Contractors duty to immediately inform the Director in writing. Any work done after such discovery, until authorized by the Director, will be done at the contractor’s expense.
ESTIMATED QUANTITES
The quantities of the various classes of work to be done and materials to be furnished under this Contract which have been estimated 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 Owner or his agents is to be held responsible should any of the said estimate quantities be found incorrect during the construction of the work; and the Contractor shall make no claim for anticipated profit, nor for loss of profit, because of a difference between the quantities of the various classes of work actually done or materials actually delivered and the estimated quantities as herein stated.
EXTRAS
Except as otherwise herein provided no charge for any extra work or material will be allowed unless the Owner and the price stated in such order have ordered the same in writing.
CHANGES IN WORK – PAYMENT ADJUSTMENT
The Owner 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 the Contractor.
- By unit prices contained in the Contractor’s original bid and incorporated in the construction contract.
- By a supplemental schedule of prices contained in the Contractor’s original bid and incorporated in the Construction Contract.
- By an acceptable lump sum proposal from the Contractor.
- On a cost-plus-limited basis is defined as the cost of labor, materials, equipment and insurance, plus 15% of the said cost to cover superintendence, general expense and profit.
ESTIMATES AND PAYMENTS
The Owner shall pay and the Contractor receive the prices bid in the proposal, or agreed upon, less any deductions for any uncompleted portion, based upon measurements made by the Director or as otherwise herein stipulated, and such measurements shall be final and conclusive.
The Contractor shall submit to the Owner an application for each payment and shall submit a Contractor’s Declaration declaring that he has not performed any work, furnished any material, sustained a loss, damage or delay, for any reasons, including soil conditions encountered or created, or otherwise done anything for which he will ask, demand, sue for or claim compensation from the Owner and, if required, shall submit receipts or other vouchers showing his payments for materials and labor, including payment to Subcontractors. (Form attached)
Payments, based on progress estimates, will be made on or about the 20th of each month on work completed during the proceeding month, for ninety percent (90%) of the work completed, less any deductions or reservation which may be made in accordance with the terms of this contract provided the work is progressing satisfactorily; provided all orders of the Director have been fulfilled and provided the time of completion shall not have expired. No allowance will be made for materials furnished unless incorporated in the finished work unless otherwise stated.
The Owner may withhold the payment of any estimate or portion of estimate until the contractor shall have furnished satisfactory evidence that he has paid all claims of every nature.
No payment shall be considered as acceptance of the work or any portion thereof prior to the final completion of the work and the payment of the final estimate.
Within 30 days after the completion of the work under this Contract to the satisfaction of the Owner and the Director, in accordance with all and singular terms and stipulations herein contained, the Owner shall make final payments, form a final estimate made by the Engineer. Before final payment is made, the Contractor shall, as directed by the owner make Contractor’s affidavit that he has paid all claims of every nature, or secured a release from the surety or sureties approving payment of final estimate by the Owner. In the event that the completed work must be finally accepted by any corporation, firm, individual or governmental unit other than the “Owner” as defined earlier in this section, the completed work must be “approved and accepted” by such entity other than the “Owner” prior to final payment.
The acceptance by the Contractor of the final payment aforesaid shall operate as, and shall be, a release to the Owner and has agents from all claim and liability to the Contractor for anything done or furnished for, relating to the work, or for any act or neglect of the Owner or any person relating to or affecting the work.
PAYMENTS WITHHELD
The Owner may withhold or, on account of subsequently discovered evidence, nullify the whole or a part of any certificate for progress payment to such extent as may be necessary to protect itself from loss on account of:
- Defective work not remedied;
- Claims filed or reasonable evidence indicated probable filing or claims;
- Failure of the Contractor to make payments properly to Subcontractors or for material or labor;
- A reasonable doubt that the Contract can be completed for the balance then unpaid;
- Damage to another Contractor
When the above grounds are removed, payment shall be made for amounts withheld because of them.
OWNER’S RIGHT TO DUE WORK
If the Contractor should neglect to prosecute the work properly or fail to perform any provision of this contract, the Owner, three (3) days after giving written notice to the Contractor and his surety may, without prejudice to any other remedy he may have, make good such deficiencies and may deduct the cost thereof from the payment due to the Contractor.
DEDUCTION FOR UNCORRECTED WORK
If the Owner deems it expedient to accept work injured or not done In accordance with the Contract, an equitable adjustment will be made with a proper deduction from the Contract price for unsatisfactory work.
USE OF COMPLETE PORTIONS OF WORK
The Owner may, at any time during progress of the work, after written notice to the Contractor, take over and place in service any completed portions of the work which are ready for service, although, the entire work of the Contract is not fully completed, and not withstanding the time for completion of the entire work or such portions may not have expired. In such event, the Contractor will be relieved of further work on or maintenance of said portion, except as covered by his guarantees of same.
TERMINATION FOR BREACH
In the event that any of the provisions of the Contract are violated by the Contractor or by any of his Subcontractors, the Owner may serve written notice upon the Contractor and the surety of its intention to terminate the Contract, such notice to contain the reasons for terminating the Contract, and unless within ten (10) days, cease and terminate. In the event of any such termination, the Owner shall immediately serve notice thereof upon the surety and the Contractor, and the surety shall have the right to take over and perform the Contract, provided, however, that if the surety does not commence performance thereof within thirty (30) days from the date of mailing to such surety of a notice of termination, the Owner may take over the work and prosecute the same to completion by Contract for the account and at the expense of the Contractor, and the Contractor and surety shall be liable to the Owner for any excess cost occasioned the Owner thereby, and in such an event, the Owner may take possession of and utilize in completing the work, such materials, appliances and plant as may be on the site of the work and necessary therefor.
NOTICE AND SERVICE THEREOF
Where in any of the Contract Documents there is any provision I respect to the giving of any notice, such notice shall be deemed to have been given; as to the Owner, when written notice shall be delivered to the Director or the Owner, or shall have been placed in the United States mails addressed the Chief Executive Officer of the Owner at the place where bids or proposals for the Contract were opened; as to the Contractor, when a written notice shall be delivered to the Chief Representative of the Contractor at the site of the project or by mailing such written notice in the United States mails addressed to the Contractor at the place stated in the papers prepared by him to accompany his proposal as the address of his permanent place of business; as to the surety, when a written notice is placed in the United States mails addressed to the surety at the home office of such surety or to its agent or agents who executed bonds in behalf of such surety.
TIME LIMIT OF CONTRACT
It is distinctly understood and agreed to by the parties hereto that the time specified for the completion of the work is the essence of this Contract, and the Contract or shall not be entitled to claim performance of this agreement unless the work is satisfactorily completed, in every respect within the time herein specified.
EXTENSION OF TIME
An extension of time may be granted by the Owner in the event of the work being delayed beyond the prescribed time for completion as the result of delays caused by carriers, or the elements, general strides, accidents or other causes beyond the Contractor’s reasonable control. Such extension of time shall be deemed to be in full compensation for any loss or injury sustained by the Contractor by reason of delays caused as aforesaid, and the Contract shall in no way be invalidated by the granting of such extension.
MATERIALS AND WORKMANSHIP
Unless otherwise stipulated in the specifications, all equipment materials and articles incorporated in the work covered by this Contract are to be new and of the best grades of their respective kinds for the purpose.
If not otherwise provided, material or work called for in this Contract shall be furnished and performed in accordance with well known established practice and standards recognized by architects, engineers and trade.
When required by the specifications, or when called for by the Owner, the Contractor shall furnish the Owner for approval, full information concerning the materials or articles which he contemplates incorporating in the work. Samples of materials shall be submitted for approval when so directed. Machinery, equipment, materials and articles installed or used without such approval shall be at the risk of subsequent rejection.
LIQUIDATED DAMAGES
The Contractor guarantees that he can and will complete the work within the time limit stated in the Contract Documents. Inasmuch, the damage and loss to the Owner which will result from the failure of the Contractor to complete the work within the stipulated time, will be most difficult or impossible of accurate determination, it is mutually agreed that the damages to the Owner for such delay and failure on the part of the Contractor shall be liquidated in the amount stated in the Form of Proposal, for each and every calendar day by which the Contractor shall fail to complete work or any part thereof within the provisions hereof, and such liquidated damages shall not be considered as a penalty.
The Owner will deduct and retain out of any money due or to become due hereunder the amount of the liquidated damages the Contractor shall pay the difference upon demand of the Owner.
ARBITRATION
Any decision of the Owner where time of financial considerations is involved shall be submitted to arbitration upon the demand of either party to the dispute.
The contractor shall not cause a delay of the work during any arbitration proceedings, except by agreement with the Owner.
The demand for arbitration shall be filed in writing with the Director, in case of an appeal from his decision, within ten (10) days thereof and in no case later than the time of final payment. If the Owner fails to make a decision within a reasonable time, an appeal to arbitration may be taken as if his decision has been rendered against the party appealing.
No one shall be nominated or act as arbitrator who is in any way financially interested in this Contract or in the business affairs or either party or who is otherwise connected with either party.
The parties may agree upon one arbitrator; otherwise there shall be three (3), one named in writing by each party to this Contract and the third chosen by these two (2) arbitrators.
Should the party demanding arbitration fail to name an arbitrator within ten (10) days of his demand, his right to arbitration shall lapse. Should either party refuse or neglect to supply the arbitrators with any papers or information demanded in writing, the arbitrators are empowered by both parties to proceed ex party.
If there is one arbitrator, his decision shall be binding; if three, the decision of any two (2) shall be binding. Such decision shall be a condition precedent to any right to legal action, and wherever permitted by law it may be filed in court to carry it into effect.
Arbitrators, if they deem that the case demands it, are authorized to award to the party whose contention is sustained such sums as they shall deem proper for the time, expense and trouble incident to the appeal, and if the appeal was taken without reasonable cause, damages for delay. The arbitrator’s compensation shall be provided by agreement and shall be assessed upon either or both parties.
The award of the arbitrators shall be in writing and it shall not be open to objection on account of the form of the proceeding or the award.
