26-08_MONKEY_RUN_REHAB_SPECIAL_PROVISIONS.pdf

INDEX of SPECIAL PROVISIONS

Progress Clause ..................................................................................... SP2 of 12

Coordination Clause ............................................................................... SP3 of 12

Utility Coordination ................................................................................. SP4 of 12

Coordination Clause for Railroad Work .................................................. SP 5 of 12

Notice to Bidders for Work Related to Railroad ...................................... SP 6 of 12

Work on Railroad Property, National Railroad Passenger Corp ............. SP 7 of 12

CITY OF JACKSON, MICHIGAN

PROGRESS CLAUSE

HRC:MAR 1 of 2 1/28/26

a. General

It is expected that this contract will be awarded at the March 24, 2026 City Council meeting, after which a Notification of Award will be provided by the City to the approved bidder.

Within ten (10) days of Notification of Award, the approved bidder must provide certificates of insurance evidencing insurance coverage as required by the Contract. The successful bidder will also be required to sign a contract in three counterparts. A Notice to Proceed will then be provided to the Contractor by the City. The Contractor must begin work on a date agreed upon with the City, which date shall be no earlier than May 4, 2026. In no case shall any work be commenced prior to receipt of formal notice of award by the City.

The approved bidder(s) for the work covered by this proposal will be required to participate in a pre-construction meeting with the City. The City will arrange the time and place for the preconstruction meeting after contract award. The named subcontractor(s) for Designated and/or Specialty Items, as shown in the Proposal, is (are) recommended to be at the preconstruction meeting if such items materially affect the work schedule.

The Contractor shall prepare and submit a complete, detailed, and signed MDOT Form

1130A, Progress Schedule, according to Section 108.05.A within 7 calendar days after award.

The Progress Schedule shall include, at minimum, the controlling work items for the completions of the project, as well as the planned dates or work days that these work items will be controlling operations. All contract dates including open to traffic, project completion, interim completion and any other controlling dates in the contract, must be included in the progress schedule. Failure on the part of the Contractor to carry out the provisions of the Progress Schedule, as established, may be considered sufficient cause to prevent bidding future projects until a satisfactory rate of progress is again established.

The Contractor shall attend regular bi-weekly construction progress meetings throughout the duration of construction and shall provide updates to the City that shall include work completed to date, a two-week outlook for upcoming work, and any necessary updates regarding the Milestone dates identified herein.

b. Milestones

Construction will proceed as shown on the plans and as described in the Maintenance of

Traffic Special Provision. The Contractor shall be expected to mobilize sufficient labor and equipment to complete the project within the specified time frames.

1. Substantial Completion

Work shall be substantially completed and the roadway be designated as “Approved for Traffic” no later than August 21, 2026. The “Approved for Traffic” condition shall be as defined in section 107.21, Approved for Traffic, of the MDOT 2020 Standard Specifications for Construction.

SP 1 of 12

HRC:MAR 2 of 2 1/28/26

This shall include construction, and installation of street lighting system, curb and gutter, sidewalk ramps; and paving of hot mix asphalt (HMA) through the top course

2. Completion of Delayed Acceptance Items

Delayed acceptance items shall be turf establishment items. No other items shall be considered for delayed acceptance unless approved in writing by the Engineer at the time of acceptance of the Contractor’s Progress Schedule. Delayed acceptance items shall be completed on or before October 16, 2026.

3. Contract Completion

The entire project, including punch list items, establishment of all restored turf grass, and removal of soil erosion control items, shall be completed on or before September 30, 2028.

SP 2 of 12

COORDINATION CLAUSE

HRC:MAR 1 of 1 1/28/26

Other contracts or work activities may commence within the immediate area during the life of this contract.

The Contractor’s attention is directed to the requirements for cooperation as covered in section

104.08 of the MDOT Standard Specifications for Construction.

Work and activities are expected along and near the construction influence area at a number of locations. Some are involving utility companies as improvements are made to their facilities in conjunction with this project or for other reasons.

It is also expected that private individuals and companies will be completing work activities on private property in the vicinity of the project.

The Contractor is advised of the following activities or construction projects in the vicinity:

City of Jackson: Lead water service line replacements throughout the entire City of Jackson for the entire duration of Monkey Run Rehabilitation contract.

The Contractor shall take due account of all work, and shall coordinate its work, along with storage of materials and equipment so as to cause minimum interference with the work to be performed by others.

No claims, extra compensation, or adjustment will be allowed on account of delay or failure of others to complete work as scheduled.

SP 3 of 12

NOTICE TO BIDDERS

UTILITY COORDINATION

HRC:MAR 1 of 1 1/28/26

For protection of underground utilities and in conformance with Public Act 53, the Contractor shall dial 1-800-482-7171 a minimum of three (3) full working days, excluding Saturdays, Sundays, and holidays, prior to beginning each excavation in areas where public utilities have not been previously located. Members will thus be routinely notified.

This does not relieve the Contractor of the responsibility of notifying utility owners who may not be a part of the “Miss Dig” alert system.

Public Utilities

The following Public Utilities have facilities located within the right-of-way:

Consumers Energy – Gas Division

Tyler Lawrence (517) 788-1191

Consumers Energy – Electric Division

Dave Southward (517) 788-2400

AT&T Telephone

Karen Trudgen (517) 392-1340

City of Jackson – Water Division

Randy Lybarger (517) 788-4170

City of Jackson – Traffic Signs & Signals

Jon Dowling (517) 788-4160

City of Jackson – Sanitary & Storm Sewer

Troy White (517) 788-4160

Comcast - Cable Dave Dostie (248) 459-0246

The owners of existing service facilities that are within grading or structure limits will move them to locations designated by the Engineer or will remove them entirely from the street right-of-way. Owners of Public Utilities will not be required by the City to move additional poles or structures in order to facilitate the operation of construction equipment unless it is determined by the Engineer that such poles or structures constitute a hazard to the public or are extraordinarily dangerous to the Contractor’s operations.

The contractor shall cooperate and coordinate construction activities with the owners of utilities as stated in section 104.08 for the MDOT Standard Specifications for Construction. In addition, for the protection of underground utilities, the contractor shall follow the requirements in section 107.12 of the MDOT Standard Specifications for Construction. Contractor delay claims, resulting from a utility, will be determined based upon section 109.05.E of the MDOT Standard Specifications for Construction.

SP 4 of 12

COORDINATION CLAUSE FOR RAILROAD WORK

HRC:MAR 1 of 1 1/12/21

The Contractor will contact National Railroad Passenger Corporation 72 hours, excluding Saturdays, Sundays and holidays, prior to starting work in the vicinity of their tracks.

The contact person for National Railroad Passenger Corporation is:

Madeleine Respler Third Party Development Lead Amtrak – Engineering I&C 30th Street Station, Box 64 Philadelphia, PA 19104 Phone: (215) 349-4367

The Contractor shall consult with the representative of the railroad company to determine the necessity for, type and cost of protection required ensuring safety and continuity of railroad traffic.

The Contractor will pay to the railroad company the cost of flagpersons, watchpersons, and other protective services and devices furnished by the railroad company and made necessary in the judgment of the representative of the railroad company because of the Contractors’ operations adjacent to the tracks, which are within 15 ft. from the nearest rail.

The Contractor is responsible to monitor and give immediate preference to clearing any traffic which backs up over the crossing as a result of flag control away from the crossing.

Railroad bills for such protection costs shall be paid promptly. Before final payment is made by the Department of Transportation to the Contractor, satisfactory evidence shall be submitted indicating all bills for protective services and devices furnished by the railroad company have been paid.

SP 5 of 12

NOTICE TO BIDDERS

WORK RELATED TO RAILROAD

HRC:MAR 1 of 1 1/12/21

The following information may be pertinent to the determination of construction methods and railroad protective insurance rates.

RAILROAD OWNER

Michigan Department of Transportation Office of Rail P.O. Box 30050 Lansing, Ml 48909.

Phone: (517) 241-2420

THIRD-PARTY PARTNER

National Railroad Passenger Corporation 30th Street Station, Box 64 Philadelphia, PA 19104 Phone: (215) 349-4367

TRAIN MOVES

Train moves are approximately 10 passenger moves per day at 45 mph.

Train movement and speed information does not represent a commitment by the railroad and is subject to change without notice.

SP 6 of 12

SPECIAL PROVISION

FOR

WORK ON RAILROAD PROPERTY

NATIONAL RAILROAD PASSENGER CORPORATION

HRC 1 of 6 01-12-11

The successful bidder, hereinafter referred to as the CONTRACTOR, agrees:

1. To cooperate with public utility, railroad and other organizations having occasion to carry on their usual work within the limits of the Project, or doing work on and in connection with the Project.

2. To conduct its work in such a manner that the work must be executed without damage to the property of, and without delay to the rail traffic authorized by the National Railroad Passenger Corporation (AMTRAK) and, as appropriate, its subsidiaries, Washington Terminal Company (WTC), hereinafter referred to as the RAILROAD. The CONTRACTOR must observe such restrictions as the Chief Engineer of the RAILROAD or authorized representative on the project site (acting through the City Engineer of the City of Jackson, Michigan, hereinafter referred to as CITY), may impose for the safety and dispatch of persons and property of and in care of the RAILROAD and for the safe and expeditious operation of its trains.

3. To provide protection from falling debris to the property, track, and rail traffic of the

RAILROAD, in accordance with the Project specifications. Any such protection must not be constructed lower than 21 feet vertically from the top of the rail.

4. To obtain formal written approval from the Chief Engineer of the RAILROAD or authorized representative, at least 7 working days prior to beginning of work, of its proposed construction and demolition methods, schedule of operations, debris protection and horizontal and vertical clearances over and adjacent to the track of the RAILROAD to be provided during the construction period. Such approval must not be construed to relieve the CONTRACTOR of any responsibility for the adequacy and safety of its construction.

5. To notify the Chief Engineer of the RAILROAD, in writing 72 hours (excluding

Saturdays, Sundays, and holidays) before entering upon the property of the RAILROAD and also in advance of starting any work which may require protection by the RAILROAD. If this requirement is not complied with, the RAILROAD may have the work stopped until arrangements for protection are made. The CONTRACTOR will not be entitled to any additional payment or any other compensation for damages because of work stoppage.

6. To avoid use of railroad property without written permission of the RAILROAD and to leave railroad roadbed and property in a condition acceptable to the Chief Engineer of the RAILROAD. The cost of any permits required by the RAILROAD is to be paid by the CONTRACTOR. There will not be a separate pay item for this work, as the cost must be included in other related items of work.

SP 7 of 12

HRC 2 of 6 01-12-21

7. To carry the following insurance, in a form, and with an insurer or insurers, acceptable to CITY and the National Railroad Passenger Corporation, 30th Street Station, Box 64

Philadelphia, PA 19104:

A. Worker's Compensation Insurance.

The CONTRACTOR must furnish to CITY and to the RAILROAD copies of policies as evidence that, with respect to the operations it performs, it carries Workers’ Compensation Insurance providing for limits of liability of not less than $1,000,000 for each occurrence, $1,000,000 disease policy limit and $1,000,000 disease for each employee. If any part of the work is sublet, similar insurance with like amounts of coverage must be provided by or in behalf of the subcontractors to cover their operations. Contractual Insurance in accordance with the Project Specifications must be provided as a part of this policy.

B. Contractor's Public Liability and Property Damage Liability Insurance.

evidence that, with respect to the operations it performs, it carries standard Contractor's Public Liability Insurance providing for limits of liability of not less than $1,000,000 for each occurrence with an aggregate of $2,000,000 for the term of the policy with respect to bodily injury or death; and standard Contractor's Property Damage Liability Insurance providing for limits of liability of not less than $1,000,000 for each occurrence with an aggregate of $2,000,000 for the term of the policy with respect to property damage. If any part of the work is sublet, similar insurance with like amounts of coverage must be provided by or in behalf of the subcontractors to cover their operations. Contractual Insurance in

C. Contractor's Protective Public Liability and Protective Property Damage Liability

Insurance.

evidence that, with respect to the operations performed for it by subcontractors, it carries in its own behalf standard Contractor's Protective Public Liability Insurance and standard Contractor's Protective Property Damage Liability Insurance providing for coverage and limits of liability which are identical with the coverage and limits of liability of insurance required under the Contractor's Public Liability and Property Damage Liability Insurance as set forth in subparagraph "b" above.

D. Railroad Protective Liability Insurance in behalf of the National Railroad Passenger

Corporation, and, as appropriate, its subsidiaries, Washington Terminal Company as the named insured.

evidence that, with respect to the operations it or any of its subcontractors perform, it has provided for and in behalf of the RAILROAD standard Railroad Protective Liability Insurance providing for limits of liability in the amount of $2,000,000 combined single limit per occurrence for bodily injury, death, and property damage with an aggregate limit of $6,000,000 applying separately to each annual period. Said Railroad Protective Insurance must conform to the regulations prescribed therefore in Federal-Aid Policy Guide, Part 646, Subpart A of the Federal Highway Administration dated December 9, 1991, and amendments thereto.

SP 8 of 12

HRC 3 of 6 01-12-21

E. Commercial General Liability Insurance.

evidence that, with respect to the operations it performs, it carries Commercial General Liability Insurance providing for limits of liability of not less than $1,000,000 for each occurrence with an aggregate of $2,000,000 for the term of the policy. If any part of the work is sublet, similar insurance with like amounts of coverage must be provided by or in

F. Automobile Liability Insurance.

evidence that, with respect to the operations it performs, it carries Automobile Liability Insurance providing for limits of liability of not less than $1,000,000 for each occurrence.

If any part of the work is sublet, similar insurance with like amounts of coverage must be provided by or in behalf of the subcontractors to cover their operations. Contractual Insurance in accordance with the Project Specifications must be provided as a part of this policy.

G. Contractor’s Pollution Liability Insurance.

evidence that, with respect to the operations it performs, it carries Contractor’s Pollution Liability Insurance providing for limits of liability of not less than $2,000,000 for each occurrence with an aggregate of $2,000,000 for the term of the policy. If any part of the work is sublet, similar insurance with like amounts of coverage must be provided by or in

H. Pollution Legal Liability Insurance.

evidence that, with respect to the operations it performs, it carries Pollution Legal Liability Insurance providing for limits of liability of not less than $2,000,000 for each occurrence with an aggregate of $2,000,000 for the term of the policy. If any part of the work is sublet, similar insurance with like amounts of coverage must be provided by or in behalf of the subcontractors to cover their operations. Contractual Insurance in accordance with the Project Specifications must be provided as a part of this policy.

I. General.

The insurance hereinbefore specified must be with an acceptable insurance company authorized to do business in the State of Michigan and must be taken out before work is commenced and kept in effect until all work required to be performed under the terms of the contract is satisfactorily completed as evidenced by the formal acceptance by CITY.

Each policy must be provided with the following endorsement:

"It is hereby agreed that 30 days prior written notice of cancellation, expiration, termination, or reduction of coverage provided by this policy will be given to the CITY, and the National Railroad Passenger Corporation, 30th Street Station, Box 64 Philadelphia, PA 19104."

SP 9 of 12

HRC 4 of 6 01-12-21

If any of the insurance is canceled, the CONTRACTOR and all subcontractors must cease operations as of the date of cancellation and must not resume operations until new insurance is in force. The cost of the insurance hereinbefore specified will not be a specific bid item, but will be covered by the various unit prices bid.

8. That no provisions of these Special Provisions, nor approval by the RAILROAD as to construction operations, must relieve the CONTRACTOR of any responsibility or liability whatsoever.

9. To pay the RAILROAD or owning company for any changes to railroad property, facilities, or to wire and pipe lines, required for the CONTRACTOR’S convenience, other than as shown on the plans for the Project. In the event that the CONTRACTOR requires a temporary crossing of the railroad track, it must give at least 6 weeks advance notice to the RAILROAD of such need, but this in no way requires the RAILROAD to approve a temporary crossing. It must be the responsibility of the CONTRACTOR to determine and comply with the requirements of the RAILROAD covering the location, installation, protection, maintenance, use, and removal of such temporary crossing. The CONTRACTOR must bear all costs and expenses incidental thereto, including, but not limited to, the cost of installation, protection, maintenance, and removal of such temporary crossing, contractual liability insurance thereon, and incidental work such as drainage facilities and removal, alteration and replacement of railroad fences.

10. To request the RAILROAD to locate and mark any underground railroad signal cables.

The costs for marking will not be paid for separately, but are included in other related items of work.

11. To present to the RAILROAD in writing plans to move or insure the continued workability of the railroad overhead electrical and code lines for approval. Interruption of these lines is a FRA safety violation.

12. To conduct operations both on and off the RAILROAD right of way so that no earth, mud, silt, or other foreign matter will be allowed to foul railroad track ballast. In order to accomplish this, it may be necessary for the CONTRACTOR to construct temporary earth dikes, sheeting, or tie cribbing, or other precaution taken by the CONTRACTOR to prevent the fouling of railroad track ballast. Where, in the opinion of the RAILROAD, work along, over, or across the track will result in the ballast becoming fouled, the CONTRACTOR must take preventive measures to protect the entire ballast section by nailing canvas, plywood, or similar material to the ties in the entire area likely to be affected. The protective material must remain in place until there is no further possibility of fouling the ballast and must then be removed by the CONTRACTOR. These protective measures must be performed by, and at the expense of, the CONTRACTOR and under the supervision of, and to the satisfaction of, the Chief Engineer of the RAILROAD or authorized representative; but the RAILROAD assumes no responsibility for the adequacy thereof. The costs for protective measures will not be paid for separately, but are included in other related items of work. However, in spite of the aforementioned protective measures, if railroad track ballast does become fouled, the RAILROAD may with its own forces, remove the fouled ballast and replace same with clean ballast. The charges for this work will be billed by the RAILROAD to the CONTRACTOR who must pay them promptly.

13. To protect the existing crossing as necessary for the crossing of any track vehicles.

SP 10 of 12

HRC 5 of 6 01-12-21

Rubber tires or other means as required by the RAILROAD must be used to protect the existing crossing. The costs for these protective measures will not be paid for separately, but are included in other related items of work.

14. To maintain temporary minimum construction clearances of 21 feet vertically from top of rail and 9 feet horizontally from and measured at right angles to the centerline of said track for the erection of any necessary falsework, bracing, or forms.

15. That acceptance of work under this contract involving the National Railroad Passenger

Corporation by the CITY will be conditioned upon approval of the Chief Engineer of the

RAILROAD.

16. To pay to the RAILROAD the cost of daily RAILROAD inspection and flagging services, switchtenders, conductors, pilots, and/or other protective services and devices furnished by the RAILROAD and made necessary in the judgment of the Chief Engineer of the RAILROAD or authorized representative, to ensure inspection and protection of RAILROAD property, safety, and continuity of RAILROAD traffic during the CONTRACTOR’S operations on RAILROAD property, all as more particularly set forth in the following paragraphs:

A. Such protection will be required when workers or equipment are working on

RAILROAD property or when work is being performed adjacent to, under, or over track in use which may present hazards to track or to train operations, or when equipment is used which does or may infringe on such limits. The CONTRACTOR will not be permitted to operate any equipment on the railroad track, or property, except under proper arrangement with the RAILROAD. Such equipment and the operation of such equipment or equipment rented from the RAILROAD, must be arranged for by the CONTRACTOR with the RAILROAD, and the cost for its use, including protection of railroad traffic, must be borne by the CONTRACTOR.

B. RAILROAD bills for such protection cost accruing to the CONTRACTOR must be paid promptly. Before final payment is made by the DEPARTMENT to the CONTRACTOR, satisfactory evidence must be submitted indicating the cost of the protection services and devices furnished by the RAILROAD has been paid.

C. Protection cost will be charged to the CONTRACTOR by the RAILROAD in accordance with the working agreements between the RAILROAD and its employees.

Such cost will include the actual cost of wages paid, including unemployment, retirement, vacation allowance, payroll taxes, surcharges, overhead, insurance, and other standard and legal costs incidental thereto.

D. The CONTRACTOR must consult with the Chief Engineer or proper operating and engineering representatives of the RAILROAD to determine the type and cost of protection required to insure safety and continuity of railroad traffic incidental to the particular methods and equipment to be used for the work, and must be satisfied as to the provisions of the several working agreements between the RAILROAD and its employees, insofar as these agreements may affect the cost of protection.

E. Protection of railroad traffic and property may include, but not be limited to, the following:

SP 11 of 12

HRC 6 of 6 01-12-21

(1) Flagging service to protect workers and equipment while work is being performed on RAILROAD property or above or below tracks, while construction equipment or materials are being moved across tracks, and while workers are required to cross continuously back and forth over tracks in the performance of their work.

(2) Providing a shanty for RAILROAD personnel, including the installation of dispatcher's telephone.

(3) Installation and maintenance of slow order boards.

17. Measurement and Payment. The completed work, as described, will be measured and paid for at the contract unit price using the following pay item:

Pay Item Pay Unit

Railroad Inspection and Flagging ............................................................................ Dollar

The RAILROAD will bill the CONTRACTOR for inspection and flagging. The CONTRACTOR will promptly pay to the RAILROAD the full amount of the RAILROAD’S bill for inspection and flagging.

The CONTRACTOR will then submit a copy of the RAILROAD’S bill and proof of payment to the DEPARTMENT’S Engineer for reimbursement. Costs incurred for inspection and flagging due to the failure of the CONTRACTOR to properly notify the RAILROAD 72 hours in advance of beginning work which may require a flagger as stated in Section 5, will be the responsibility of the CONTRACTOR. CONTRACTOR will inform the RAILROAD in writing when flagging is no longer needed and retain a copy of this written notification. Before final payment is made by the DEPARTMENT to the CONTRACTOR for the project, satisfactory evidence will be submitted indicating all bills for inspection and flagging services and devices furnished by the RAILROAD have been paid. This pay item covers only inspection and flagging services provided by the RAILROAD. All other costs incurred by the CONTRACTOR in complying with RAILROAD requirements will not be specific pay items, but will be included in prices bid for other items.

SP 12 of 12