Revised 12/2/2025

CITY OF DETROIT

OFFICE OF CONTRACTING AND PROCUREMENT

REQUEST FOR QUOTE

RFQ NO. 545562

PW-7073 BITUMINOUS SURFACE REMOVAL

Buyer: Chris Jones

EVENT / ACTIVITY DUE DATE / TIME

ADVERTISEMENT

DATE

3/20/2026

QUESTIONS DUE 3/27/2026 on or before 12:00PM EST

All questions must be submitted online in the Supplier Portal

PRE-BID 3/25/2026 @ 11:00 AM EST

CONFERENCE

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QUOTES DUE DATE * 4/6/2026 @ 4:00 PM EST

In the Supplier Portal as specified in this RFQ.

* Respondents must register in Bonfire (EUNA Procurement) to download bid documents and submit bids. The City cannot guarantee the accuracy of any bid documents obtained from outside of Bonfire, and bids submitted outside of Bonfire will not be accepted. Detailed resources about registering and bidding, including video tutorials and live, virtual office hours, are available at www.detroitmi.gov/suppliersupport.

Questions about the specifics of this RFQ must be asked within the Bonfire Messages interface for the bid on or before the date and time indicated above. Questions asked via phone, email, and/or other means will not be answered.

Quotes must be uploaded in Bonfire on or prior to the date and time indicated above. Late and/or emailed quotes will not be accepted.

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TABLE OF CONTENTS

PW-7073

SECTION I

DIVISION

SPECIAL NOTICE TO BIDDERS

STANDARD INSTRUCTIONS TO BIDDERS

PROPOSAL

PART I – BASE BID

PART II - CONDITIONS

PART III – NAME, ADDRESS, LEGAL STATUS AND SIGNATURE OF BIDDER

UNIT PRICE SCHEDULE

AGREEMENT

BID BOND

PERFORMANCE BOND

PAYMENT BOND

IRREVOCABLE BANK LETTER OF CREDIT

NON-COLLUSION OF SUBCONTRACTOR

SUBCONTRACTOR APPROVAL REQUEST

LOCAL PREFERENCE CONDITIONS

EXECUTIVE ORDER 2014-5

EXECUTIVE ORDER 2021-2

CORPORATION CERTIFICATE OF AUTHORITY

GENERAL CONDITIONS

CERTIFIED PAYROLL

SECTION II

Standard Specifications By Reference

SECTION III

Special Provisions, Supplemental Specifications and Details COD Department of Public Works Street and Alley Standard Plans, dated March 2009 (Issued Separately) PW-7073 Street List: 2026 Bituminous Surface Removal (Milling) and Miscellaneous Construction

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SPECIAL NOTICE TO BIDDERS

1. GENERAL PURPOSE

The Special Notice to Bidders contains information and requirements applying specifically to this particular contract. The Special Notice to Bidders supplements the Standard Instructions to Bidders and, in case of any discrepancy between the requirements in the former and latter, the provisions in the Special Notice to Bidders shall govern.

The published advertisement for the proposed Contract also contains information necessary to the bidders and is to be considered a part of the Special Notice to Bidders as if fully herein repeated.

2. DESCRIPTION OF WORK

Scope of Work: The work included encompasses approximately 25 miles of city streets, of which about 85% are asphalt roadways and 15% are concrete roadways. The work consists of cold milling approximately 330,058 square yards of bituminous surface – curb to curb at a depth of 5 inches (only can be reduced upon approval by Engineer) in order to provide a 4 inch minimum curb reveal and approximately 28,367 square yards of concrete surface profile milling; isolated concrete base replacements, improving concrete sidewalk and ADA ramps; resetting of drainage structure covers; installing approximately 470 HMA speed humps; applying pavement markings and all other related items required to fully complete the work in accordance with the requirements of the contract documents. All work on this contract is to be coordinated in conjunction with the DPW-Street Maintenance Division’s HMA resurfacing schedule to ensure that the paving operation is continuous.

3. BITUMINOUS MATERIAL PLANT

It is not necessary that the Contractor's plant be owned and operated by the successful bidder. However, it will be necessary that the materials be obtained from an existing plant which meets all Contract requirements. Further, any bidder not operating his own plant shall indicate in his Proposal the owner and the locations of the plants from which the bituminous materials will be obtained.

4. MATERIAL STORAGE YARDS

The City Zoning Ordinance provides for the restriction of material storage yards in certain residential areas. Bidders proposing to use such yards should satisfy themselves that the locations contemplated can be used, and if a permit is required, shall obtain such permit from Department of Buildings and Safety Engineering and pay all costs in the connection therewith.

5. CONTRACT DOCUMENTS

The Contract Documents are composed of those individual parts as named by title in Article 2 of the Standard Instructions to Bidders.

Section I contains the Standard Contract Forms.

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Section II incorporates by reference the City of Detroit "Standard Specifications for Paving and Related Construction," dated March 2009, as amended by Bulletin; Michigan Department of Transportation Standard Specifications for Construction, 2020 version; and Michigan Manual of Uniform Traffic Control Devises, 2011 edition, revised September 2013.

Section III consists of Special Provisions, Supplemental, Supplemental Specifications and Contract Drawings and separate drawings prepared by the City Engineering Division.

6. SPECIAL FORMS

Bidders will note that a copy of each of the following pages has been included:

Equalization Requirements, Eligibility Form and Affidavit of Eligibility Proposal Agreement Combined Certificates of Authority

Each set of the applicable documents is to be completed, signed, and returned with the Proposal. These will later be used in preparing the Executed Contract for the accepted bid.

7. CIVIL RIGHTS INCLUSION AND OPPORTUNITY

Attached is a copy of the Covenant of Equal Opportunity from the Civil Rights, Inclusion and Opportunity Department of the City of Detroit. Both the low and the second bidder will be required to furnish the information, to the DPW-City Engineering Division for submission to the Civil Rights Inclusion and Opportunity Department, prior to award of the Contract.

A Civil Rights Inclusion and Opportunity review of employment goals may be required for each project, regardless of prior clearances.

8. CONTRACTOR AUTHORITY TO START WORK

The Contractor will have no authority to start work, no payments will be authorized by the Finance Department, and the City of Detroit will not be liable for reimbursement for any materials purchased or payment for any services rendered by the Contractor prior to the award of this Contract by resolution of the City Council and execution of this instrument by the Purchasing Director.

9. INDEPENDENT CONTRACTOR

The relationship of the Contractor to the City of Detroit is and shall continue to be that of an independent contractor, and no liability or benefits, such as workers' compensation, pension rights or liabilities, insurance rights or liabilities, or other provisions or liabilities arising out of or relating to a Contract for hire of employer/employee relationship shall arise or accrue to either party or either party's agent or employee with respect to the City

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of Detroit as a result of the performance of this Contract, unless expressly stated in this Contract.

10. WAIVER

The Contractor shall not hold the City liable for any personal injury incurred by any employee, agents, or consultants while working on this project which is not held in a court of competent jurisdiction to be directly attributable to the gross negligence of the City or any employee of the City acting within the scope of their employment and hereby agrees to hold the City harmless from any such claim by its employees, agents or consultants.

11. AUDIT

Nothing contained in this Contract shall be construed or permitted to operate as any restriction upon the power granted to the City Council by the City Charter to audit and allow all accounts chargeable against the City.

12. INDEMNITY AND DAMAGES

A. The Contractor agrees to save harmless the City against and from any and all liabilities, obligations, damages, penalties, claims, costs, charges, losses and expenses including without limitation, reasonable fees and expenses for attorneys (at the prevailing market rate for such legal services, expert witnesses and other consultants) which may be imposed upon, incurred by or asserted against the City by reason of any of the following occurring during the term of this Contract:

1) Any negligent or tortuous act, error or omission of the Contractor or any of its Associates for whose acts any of them might be liable, regardless of whether or not it is caused in part by a person indemnified hereunder.

2) Any failure by the Contractor or any of its Associates to perform its obligations, either expressed, or implied under this Contract.

The Contractor also agrees to hold the City harmless from any and all injury to the person or damage to the property of, or any loss or expense incurred by an employee of the City which arises out of or pursuant to the Contractor’s performance, or that of its Associates under this Contract.

B. The Contractor undertakes and assumes all risk of dangerous conditions, if any, in and about any City premises and agrees to make an examination of all places where it will be performing the Services in order to determine whether such places are safe for the performance of the Services. The Contractor also agrees to waive and release any claim or liability against the City for personal injury or property damage sustained by it or its associates for personal injuries or property damage while performing under this Contract on premises which are not owned by the City.

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C. In the event any action or proceeding shall be brought against the City by reason of any claim covered hereunder, the Contractor, upon notice from the City, will at its sole cost and expense, resist and defend the same with counsel of the Contractor’s choice which is acceptable to the City.

D. The Contractor agrees that it is its responsibility and not the responsibility of the City to safeguard the property and materials that it or any of its Associates use or have in their possession while performing this Contract. Further, the Contractor agrees to hold the City harmless for any loss of such property and materials used by any such person pursuant to the Contractor’s performance under this Contract or which is in their possession.

E. The indemnification obligation under this Article shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Contractor under Workers Compensation Acts or other employee benefit acts.

In addition, the Contractor agrees to hold the City harmless from the payment of any deductible on any insurance policy.

F. The Contractor agrees that this Article 12 Indemnity and Damages shall apply to all matters described in Article 12-A, Indemnity and Damages, (whether the matter is litigated or not) which occur or arise between the Contractor or its Associates, and the City, and agrees to save the City harmless there from as provided in this Article 12.

13. TERMINATION FOR CONVENIENCE

The City may terminate this Contract without cause at any time, without incurring any further liability whatsoever, other than as stated in this provision, by giving written notice to the Contractor of such termination, specifying the effective date thereof, at least fifteen

(15) days prior to the effective date of such termination. If the Contract is terminated, the City will pay the Contractor only for the services rendered prior to termination, including any Hold-Back. The amount of the payment shall be computed by the City on the basis of the services rendered, and such other means which, in the judgment of the City, represents a fair value of the services provided, less the amount of any previous payments made, which final payment the Contractor agrees shall constitute full and complete payment and satisfaction under this Contract. Should the City or the City's designee undertake any part of the services which are to be performed by the Contractor, to the extent such services are being performed by the City or its designee the Contractor shall not be entitled to any compensation for the services so performed. This section is subject to the maximum sum payable provision of this Contract.

14. RIGHTS, REMEDIES AND JURISDICTION

The rights and remedies set forth herein are not exclusive and are in addition to any of the rights and remedies provided by law or equity. All actions arising under this Contract shall be governed by, subject to, and construed according to the laws of the State of Michigan.

The Contractor agrees, consents and submits to the personal jurisdiction of any competent court in Wayne County, Michigan, for any action brought against it arising out of this Contract. The Contractor agrees that service of process at the address and in the manner

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specified in this Contract will be sufficient to put the Contractor on notice. The Contractor also agrees that it will not commence any action against the City because of any matter whatsoever arising out of or relating to the validity, construction, interpretation and enforcement of this Contract, in any courts other than those in the County of Wayne, State of Michigan.

15. COMPARABLE OR EQUIVALENT TERMS

The Contractor warrants that all of the prices, terms, warranties, and benefits granted to the City herein are comparable to or better than the equivalent terms being offered by the Contractor to any present customer for like or similar services. In addition to the other remedies which the City may invoke herein for the Contractor's breach, it may demand repayment of any overpayment plus interest.

16. BASIS OF PROPOSAL

The Proposal is on a unit price basis in accordance with Article 7E of the Standard Instructions to Bidders.

17. CITY OFFICER

The title and post office address of the officer named in the Agreement as acting on behalf of the City is:

Director - Department of Public Works

611 Coleman A. Young Municipal Center Detroit, Michigan 48226

18. BOND REQUIREMENTS

The amount of the Performance and Payment Bonds required shall be as follows:

Type of Contract

Performance Bond

Payment Bond

City of Detroit financed Contracts of $50,000 and under

25% of Contract Price

25% of Contract Price

City of Detroit financed Contracts over $50,000, but under $1,000,000

50% of Contract Price

50% of Contract Price

All Contracts over $1,000,000 or those financed by Federal Funds

100% of Contract Price

100% of Contract Price

Each Proposal must be accompanied by a certified check, bank draft, irrevocable bank letter of credit, or a satisfactory surety bond in an amount not less than 5% of the total bid price as guarantee and security for the acceptance of the Contract. Checks shall be made payable to the Treasurer, City of Detroit. The bid bond shall be issued by a guaranty or surety company licensed to do business in the State of Michigan.

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19. INSURANCE

The Contractor shall maintain, at its expense, during the term of this contract the following insurance:

TYPE AMOUNT NOT LESS THAN

A.

Worker's Compensation Insurance Michigan Statutory Minimum

Employer's Liability Insurance

$500,000 minimum each accident/ each disease/ each person

B.

Commercial General Liability Insurance (Coverage to include blanket contractual liability)

$1,000,000 each occurrence

$2,000,000 aggregate

C.

Automobile Liability Insurance (covering all owned, hired and non-owned vehicles with personal and property protection insurance including residual liability under Michigan No Fault Insurance Law)

$1,000,000 minimum combined single limit

D. Umbrella Excess Liability Insurance $4,000,000 each occurrence

The commercial general liability insurance policy shall name as an additional insured: "The City of Detroit" and shall state that the Contractor's insurance is primary, as respect to the City of Detroit as an additional insured, and not excess over any insurance already carried by the City of Detroit.

The commercial general liability insurance shall provide blanket contractual liability insurance for all written contracts or in the alterative, shall contain a specific endorsement worded substantially as follows:

"During the effective period of the policies mentioned herein, it is agreed that this insurance specifically covers liability assumed by the insured under the provisions of CPA No.

_____________ dated entered into by the insured and the City of Detroit".

If the Commercial General Liability policy does not contain the standard ISO (Insurance Services Office) wording of "definition of insured" which reads essentially as follows:

"The insurance afforded applies separately to each insured... except with respect to limits, then, in the alternative, the public liability insurance policy shall contain the following cross liability endorsement:

"It is agreed that the inclusion of more than one (1) insured under this policy shall not affect the rights of any insured as respects any claim, suit or judgment made or brought by or for

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any other insured or by or for any employee of any other insured. This policy shall protect each insured in the same manner as though a separate policy had been issued to each, except nothing herein shall operate to increase the insurer's liability beyond the amount or amounts for which the insurer would have been liable had only one (1) insured been named."

E. If during the term of this Contract changed conditions or other pertinent factors should in the reasonable judgment of the City render inadequate the insurance limits, the Contractor will furnish on demand such additional coverage or types of coverage as may reasonably be required under the circumstances. All such, insurance shall be effected at the Contractor's expense, under valid and enforceable policies, issued by insurers of recognized responsibility which are well-rated by national rating organizations and are acceptable to the City.

F. All policies shall name the Contractor as the insured except as otherwise stated and shall be accompanied by a commitment from the insurer that such policies shall not be canceled, or reduced without at least thirty (30) days' prior written notice to the City.

Certificates of insurance evidencing such coverage shall be submitted to the Finance Department, Accounts Payable Division, 644 Coleman A. Young Municipal Center, prior to the commencement of performance under this Contract and at least fifteen (15) days prior to the expiration dates of expiring policies.

G. If any work is sublet in connection with this Contract, the Contractor shall require each subcontractor to effect and maintain the types and limits of insurance as requested by the City and shall require documentation of same, copies of which documentation shall be promptly furnished the City.

H. The Contractor shall be responsible for payment of all deductibles contained in any insurance required hereunder. The provisions requiring the Contractor to carry the insurance required under this Article shall not be construed in any manner as waiving or restricting the liability of the Contractor under this Contract.

I. The Commercial General Liability Insurance shall provide coverage for the so-called

“X”- explosion, “C” - collapse, and “U” - underground damage hazards or exposures.

J. Automobile Insurance covering all owned, non-owned or hired automobiles, with a minimum $5,000,000 combined single limit for Bodily Injury and/or Property Damage for each accident. Such insurance shall comply with the provisions of the Michigan No-Fault Insurance Law, and shall provide coverage for personal protection insurance, property protection insurance, and residual liability insurance, and shall name the City of Detroit as an additional insured.

K. Fire Insurance - Not Required.

L. The Contractor shall hold the City harmless for payment of any deductibles required pursuant to any insurance policies.

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20. TIME OF STARTING AND COMPLETING WORK

Within 10 calendar days after the Contract is signed by the Director - Purchasing Division, the City Engineering Division will issue a written notice to the Contractor to start work at the site. The Contractor shall, thereafter, carry on his operations, in accordance with the provisions of Article 3 of the Agreement, so that the entire work will be fully completed within a total of 210 consecutive calendar days from and including the date stipulated for work to start.

The above stipulated time for fully completing the entire work has taken into account, and an allowance made for, the time normally required for a “punch list” and final cleanup, and also for inclement weather during the months in which work will be in progress. It also includes an allowance for the concrete curing period.

The Contractor will be expected to so schedule his operations as to provide time for such items within the stipulated total time allowed, and under weather conditions expected to be encountered. The following items have been taken into consideration in computing the time.

A. It is contemplated that all work will be completed during the 2026 Paving season.

However, if for any reason, beyond the control of the City or the Contractor, this cannot be accomplished, the schedule of operations in the Fall of 2026 shall be such that:

B. When no further work can be done in the Fall of 2026 the remaining work shall, thereupon, be suspended on date stipulated in a written order of the City Engineer until suitable weather in the Spring of 2027.

C. Work shall be resumed in the Spring of 2027 on a date ordered or approved in writing by the City Engineer and shall, thereafter, be fully completed within the number of calendar days remaining from the stipulated total of 210 days. The contract will terminate on 12/31/2028.

Whenever work is not completed within a given construction season and is scheduled to resume the following construction season(s) as described above, or whenever work cannot commence due to seasonal limitations and starting is delayed to a subsequent construction season(s), such starting delay and/or carry over to the following year(s) shall be done at no additional cost to the City of Detroit. The unit prices or contract bid price shall remain firm and will not be changed due to the above reasons. The Contractor shall prepare his bid taking the above detailed requirements into consideration.

21. OTHER CONTRACTS

The work under this Contract is required to be coordinated with that of other contracts at the site. The bidder to whom this Contract is awarded shall fully cooperate with the other Contractors in such a manner as the Engineer may direct, so that the work on the entire project may be performed without delay or interference. The bidder shall take these requirements into consideration in preparing his proposal and arriving at his bid price, as

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no claim for additional costs or damages will be allowed for alleged interference or delay of his work by others.

22. ALLEY CLOSINGS

Prior to the temporary closing of any alley for construction purposes, residents of the adjacent property must be properly notified by the City, and alternate arrangements made for trash pick-up when required.

After issuance of a Start of Work Notice by the City, the Contractor shall submit for review by the City the proposed schedule of any work that would require the closing of such an alley. No construction necessitating the temporary closing of an alley shall begin without specific authorization by the City.

23. LIQUIDATED DAMAGES

The amount liquidating the damages referred to in Article 4 of the Agreement shall be assessed as follows:

Schedule of Liquidated Damages Original Contract Amount Amount per

Calendar Day From More Than To and Including $0 $100,000 $500 $100,000 $500,000 $800 $500,000 $1,000,000 $1,000 $1,000,000 $5,000,000 $1,500 $5,000,000 $15,000,000 $2,000

Over $15,000,000 $4,000

24. CONTRACT PAYMENTS

The City will make progress and final payments in accordance with the provisions of Article 7 and 8 of the Agreement. Progress payments will include an allowance for materials stored at the site.

Contract payments are contingent upon receipt of grant funds. The City of Detroit reserves the right to delay payments until receipt of adequate funds from the grantor agency.

25. INFORMATION TO BE SUBMITTED WITH BID

The Proposal requires certain information in addition to the price bid, to be furnished by the bidder and submitted as part of his proposal. The bidder is directed to Article 8D of the Standard Instructions to Bidders for general instructions as how such information is to be submitted.

The bidder is cautioned that any information, in whatever form submitted with his bid, which in any way modifies or changes the stipulated Contract Provisions may cause the rejection of the proposal. A bid will become conditional and unacceptable should a bidder

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include with his proposal, either intentionally or inadvertently, standard brochures, sales agreements, etc., containing contractual provisions differing substantially from those set forth in Contract Documents, unless the bidder definitely and positively indicates that such provisions are not part of his proposal.

26. CHANGES TO STANDARD CONTRACT DOCUMENTS

The following changes are hereby made and supersede standard provisions of the Contract Documents:

A. Standard Instructions to Bidders - Article 16 - "Bond Requirements"

Delete the third paragraph of this article, and substitute therefore the following:

"The surety company or companies shall be listed in the latest issue of U. S. Treasury Form 570 and shall be licensed to do business in the State of Michigan as evidenced by a copy of the 'Certificate of Authority’, issued by the Michigan State Department of Insurance filed with the Director. Should any surety upon the Contract be deemed unsatisfactory at any time to the City, notice will be given to the Contractor to that effect by the City, and the Contractor shall forthwith substitute a new surety or sureties satisfactory to the City and without any additional cost to the City.”

B. General Conditions

1) Whenever Engineer is referred to, this shall be changed to read, "City Engineer, City Engineering Division - DPW".

2) Delete the second paragraph of Article 28 – “SUBCONTRACTS”, and substitute the following:

"The Contractor shall submit, with the Bid, a separate written request to the City Engineering Division - DPW for approval of each Proposed Subcontractor. Each request shall be on the forms provided by the City Engineering Division - DPW and shall give the name and address of the proposed Subcontractor, the portion and the approximate cost of the work to be sublet. Upon request of the City Engineering Division - DPW, the Contractor who is the apparent Low Bidder shall promptly furnish such additional information tending to establish that the Proposed Subcontractor has the necessary facilities, skill, integrity, part experience, and financial resources to perform the work in accordance with the terms and conditions of this Contract.”

“No portion of the work may be sublet without the prior written approval of the City. Subcontracting of contract items may be permitted after a review of the proposed Subcontractor and the scope of work to be sublet has been made by the City Engineering Division - DPW. The Contractor shall submit the necessary Subcontractor approval request forms, insurance certificates, and such other affidavits as may be required by the General Conditions prior

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to the review by the City Engineering Division - DPW. Approval of any Subcontractor shall not relieve the prime Contractor of any responsibilities, duties, and/or liabilities as defined in other sections of this Contract. The bidder is particularly reminded that the prime Contractor is required to provide a competent superintendent or general foreman at the site of the work at all times work is in progress on the Contract. Such individual shall have full authority to act for the Contractor.”

“The Contractor shall self-perform at least fifty-one percent (51%) of the total contract work, inclusive of all change orders. Self-perform shall be defined as follows: when the Contractor completes the work with its own employees and not a subcontractor. The City may, at its discretion, conduct in-depth personal interviews, request additional references, request background material, including financial statements, staffing information, and certified payroll to verify the work completed by the Contractor.”

“Whenever possible, subcontracts shall be let to Detroit companies.

Subcontractors must agree to do their work in Detroit, and to use Detroit labor where practicable to give the kind of work specified.”

“The Testing Laboratory required to test both the HMA and concrete mixes, in accordance with MDOT HMA & concrete material acceptance provision is considered a Subcontractor. Consequently, the selected laboratory shall be submitted for approval in the manner prescribed in Article 28, "Subcontracts", of the General Conditions. However, only one request for approval need to be made when the same laboratory will be used on all paving contracts awarded to the bidder. The insurance required to be carried by the laboratory shall be not less than that specified for the Contractor.”

All materials and workmanship shall be in accordance with the 2012 Michigan Department of Transportation (MDOT) Standard Specifications for Construction.

3) Delete Article 36 – “FAIR EMPLOYMENT PRACTICES” in its entirety and substitute the following:

In accordance with the United States Constitution and all federal legislation and regulations governing fair employment practices and equal employment opportunity, including but not limited to Title VII of the Civil Rights Act of 1964 (P.L. 88-352, 78 STAT. 252), and the United States Department of Justice Regulations (28 C.F.R. Part 42) issued pursuant to the Title and in accordance with the Michigan Constitution and all state laws and regulations governing fair employment practices and equal employment opportunity, including but not limited to the Michigan Civil Rights Act P.A.

1976 No. 453 and the Michigan Handicappers Civil Rights Act (P.A. 1976 No. 220), the Contractor agrees that he will not discriminate against any person, employee, consultant or applicant for employment with respect to his/'her hire, tenure, terms, conditions or privileges of employment or hire because of his/her religion, race, color, national origin, age, sex, height, PW-7073 NB. 12 weight, marital status, or handicap that is unrelated to the individual’s ability to perform the duties of a particular job or position. The Contractor recognizes the right of the United States and the State of Michigan to seek judicial enforcement of the foregoing covenants against discrimination against itself or its subcontractors.

The Contractor agrees to comply with Chapter 2, Article 7, Ordinance No.

303-H as amended by Ordinance No. 330-H of the Detroit City Code, and those rules and procedures adopted by the Civil Rights Inclusion and Opportunity Department pursuant thereto.

The Contractor shall not discriminate against any employee or applicant for employment, training, education, or apprenticeship connected directly or indirectly with the performance of this Contract, with respect to his/her hire, promotion, job assignment, tenure, terms, conditions or privileges of employment because of race, color, creed, national origin, age marital status, handicap, public benefit status, sex, or sexual orientation.

The Contractor further agrees to take affirmative action to achieve reasonable representation of minority groups and women on its work force.

Such affirmative action shall include, but not be limited to the following:

employment, promotion, demotion or transfer, recruiting or recruitment, advertising, layoff or termination, rates of pay or other forms of compensation and selection for training or education, including apprenticeships. The Contractor shall promptly furnish any information required by the City or the Civil Rights Inclusion and Opportunity Department pursuant to this Article 36.

In the event the Contractor fails to comply with the provisions of Article 36, or any affirmative action undertaking outlined in its proposal documents, if any, or with any rules, regulations or orders issued by the Civil Rights Inclusion and Opportunity Department, the City as the Civil Rights Inclusion and Opportunity Department may impose such contract sanctions as it may deem appropriate, including but not limited to:

a. Cancellation, termination or suspension of this Contract in whole or in part;

b. Recovering from the Contractor by set off, against the unpaid portion of the Contract price or as otherwise agreed by the parties to this Contract, liquidated damages in the amount of one-half of one percent (.005) of the Contract price not to exceed five hundred dollars ($500.00) per day for each day of non-compliance, as determined by the Civil Rights Inclusion and Opportunity Department; and

c. Such other remedies as may be provided by law.

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The Contractor further agrees that he shall notify any subcontractor of his obligations relative to non-discrimination and affirmative action under this Contract when soliciting same and shall include the provisions of this Article in any subcontract, as well as provide the City with a copy of any subcontract agreement. The Contractor further agrees to take such action with respect to any subcontract procurement as the City may direct as a means of enforcing such provisions including the aforementioned sanctions of non-compliance.

Breach of the terms and conditions of this Article may be regarded as material breach of this Contract.

Also, incorporate the following Federal provisions with those normally required under the above Article. During the performance of this Contract, the Contractor agrees as follows:

a. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer;

recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this non-discrimination clause.

b. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin.

c. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other Contract or understanding, a notice to be provided advising the said labor union or worker's representative of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

d. The Contractor will comply with all provisions of Executive Order

11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

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e. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by Secretary of Housing and Urban Development and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

f. In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government Contracts or Federally-Assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

g. The Contractor will include the portion of the sentence immediately preceding paragraph 1 and the provisions of paragraphs 1 through 7 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Secretary of Housing and Urban Development, the Contractor may request the United States to enter into such litigation to protect the interests of the United States.

4) Federal References

Whenever the term "Administrator, Housing and Home Finance Agency" occurs in the Specifications, this shall be changed to read: "Secretary of Housing and Urban Development", and the term "Housing and Home Finance Agency" shall be changed to: "Department of Housing and Urban Development".

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5) City References

a. Whenever the "Environmental Protection and Maintenance Department" is referred to, this shall be changed to read, "Department of Public Works".

b. Whenever “Director” is referred to, this shall be changed to read, “City Engineer, City Engineering Division - DPW.”

6) Add the following Article:

Article 40 - Contract Deductions for City of Detroit Personnel Overtime Pay

Overtime shall be limited to the workdays used to develop the progress schedule and shall be Monday through Saturday and shall not include Sundays or City Holidays. Overtime work on Sundays and City Holidays shall be limited to emergency work necessary to safeguard the health and safety of the public.

The following are current City holidays: New Year’s Day, Martin Luther King’s Birthday, Good Friday, Memorial Day, Juneteenth, Independence Day, Labor Day, Veteran’ Day, Thanksgiving Day, Friday after Thanksgiving, Christmas Eve, Christmas Day, New Year’s Eve. The Contractor shall be responsible for confirming with the City Engineering Division, 2 Woodward Avenue, Suite 642 Coleman A Young Municipal Center, Detroit, MI 48226 any amendments to this list of calendar dates designated as paid holiday’s for City of Detroit employees.

The engineer may require the contractor to cease construction operations during times as may be determined to be the interest of the public.

"The unit rate per hour for the purpose of overtime pay deductions, as referred in Article 9, of the General Specifications "Hours of Work", shall be $40.00/per hour for each individual employee for project inspectors, plant inspectors, and laboratory personnel assigned to this project.”

The overtime pay deductions shall be calculated according to the following schedule.

In excess of eight hours per day - Monday thru Friday

Excluding Holidays Saturday Sunday and Holidays

"l.5 times" unit rate per hour "l.5 times" unit rate per hour "2.0 times" unit rate per hour

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C. General Specifications

Article 11 - "Maintaining Traffic"

Maintain turning movement in all directions and at all intersections in the project area at all times.

Add the following paragraph:

C. Specific Requirements

Maintain one lane of thru traffic in each direction all times. Maintain access to all commercial and residential buildings at all times.

D. Supplemental General Specifications

Article S-27, "Field Office": Delete this article in its entirety.

E. Detailed Specifications

ARTICLE 2.111.19, P.L.D. – Manhole and Handhole Adjustment: Delete this article in its entirety and substitute the following:

PUBLIC LIGHTING DEPARTMENT (P.L.D.) MANHOLE AND HANDHOLE

ADJUSTMENT

The tops of existing P.L.D. manholes and handholes shall be adjusted to the new required grades and cross-section in the same manner as specified for sewer manholes.

If adjusting the frame and cover to the proposed grade requires adjustment of the handholes or handhole roof, the Contractor shall notify the P.L.D. The work involved in the adjustment of the roof of the structure and adjustment of the frame and cover to the new pavement surface will be performed by P.L.D. at no cost to the Contractor.

Should existing castings require replacement, as determined by the Engineer, the Contractor shall furnish such castings.

The unit price of the castings includes all costs necessary to provide castings to the project. This cost includes shipping, handling, storage, markup and any other cost associated with providing this item of work.

Salvages castings shall become the Contractor’s property and shall be promptly removed from the job site.

The Contractor must submit to the P.L.D. for their approval, manufacturers cut sheets for the manhole and handhole frames and covers and the brick to be used in adjusting the elevation of the frames. Installation shall be in accordance with P.L.D.

specifications and subject to P.L.D. inspection and approval.

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Specifications and detailed drawings for P.L.D. manhole and handhole frames and covers may be obtained from the Public Lighting Department.

F. ADDITIONS TO DETAILED SPECIFICATIONS

Special Provisions, Supplemental Specifications and Contract Drawings for 2026

BITUMIOUS SURFACE REMOVAL (MILLING) AND MISCELLANEOUS

CONSTRUCTION:

PART A

SPECIAL PROVISIONS, SUPPLEMENTAL

SPECIFICATIONS AND DETAILS

1. COD Progress Clause (2 pages)

2. COD Special Provisions (3 pages)

3. COD Specification for Limitations of Operations (1 page)

4. COD Notice to Bidder for Utility Coordination (3 pages)

5. COD Special Provision for Coordination Clause for HMA

Resurfacing and Miscellaneous Construction (1 page)

6. COD Special Provision for Maintaining Traffic (4 pages)

7. COD Special Provision for Working Area and Project

Cleanup (1 page)

8. COD Specification for Sequence of Operations for HMA

Milling Projects (1 page)

9. COD Special Provision for Removal of Curb and Curb and Gutter (1 page)

10. COD Special Provision for Excavation, Earth, Modified

(1 page)

11. COD Specification for Structure Cover Adjustment, Reconstructing Structure, and Water Shutoff Adjustment (3 pages)

12. COD Specification for Drainage Structure Covers (1 page)

13. COD Specification for Drainage Structure Cleaning and Sewer Lead Cleaning (1 page)

14. COD Specification for Cold Milling HMA Surface for Class A Streets (2 page)

15. COD Specification for Speed Hump, HMA (2 pages)

16. COD Specification for Concrete Pavement Repair (2 pages)

17. COD Specification for Cold Milling Concrete Pavement

(1 page)

18. COD Special Provision for Curb, Conc, Detail CD, Modified and Curb and Gutter, Conc, Detail C5, Modified (1 page)

19. COD Special Provision for Integral Curb and Sidewalk, 2 Feet (2 pages)

20. COD Special Provision for Sidewalks and Driveways (1 page)

21. COD Specification for Sidewalk with Tree Roots (1 page)

22. COD Special Provision for Concrete Curb Ramp and Detectable Warning Surface (2 pages)

23. COD Specification for Grinding Sidewalks (2 pages)

24. COD Special Provision for Recessing for Pavement

Markings (2 pages)

25. COD Special Provision for Application of Polyurea

Markings for Speed Humps (1 page)

26. COD Special Provision for Berm Restoration (1 pages)

27. COD Special Provision for Vertical Survey Monuments

(1 page)

28. COD Specification for Sidewalk Repair Notification (3 pages)

29. COD Specification for Speed Hump Installation

Notification (2 pages)

30. MDOT Special Provision for Acceptance of Hot Mix

Asphalt on Local Agency Projects (7 pages)

31. MDOT Special Provision for Quality Index for Portland

Cement Concrete (For Local Agency Projects Only) (4 pages)

32. Detail – Typical Cross Section Cold Milling HMA Surface and Resurface (1 page)

33. Detail – HMA Feathering Detail (1 page)

34. Detail – Cold Milling Concrete Surface and Paving (1 page)

35. Detail – Detail of Alley Return and Drive Approach (2 pages)

36. Detail – Curb, Conc., Detail CD, Modified (1 page)

37. Detail – Sidewalk Ramp and Detectable Warning Details

(7 pages)

38. Detail – DWSD & PLD Structure Cover Details (17 pages)

39. Detail – Monument Boxes (1 page)

40. Detail – Speed Humps, HMA (1 page)

PART B

COD Department of Public Works Street and Alley Paving Standard Plans, dated March 2009 (Issued Separately)

PART C

PW-7073 Street List: 2026 Bituminous Surface Removal (Milling) and Miscellaneous Construction (4 Pages)

27. PRE-PERFORMANCE CONFERENCE

Before the starting notice is issued, the City Engineer will call conference for the purpose of discussing the labor standards provisions of the Contract. The conference shall be attended by the prime contractor, subcontractors, and by representatives of the City and Federal Government.

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28. SUBCONTRACTS

A. The Contractor shall not execute an agreement with any subcontractor or permit any subcontractor to perform any work included in this contract, until he has submitted a Non-Collusion Affidavit from the subcontractor in substantially the form shown on the attached sheet and has received written approval of such subcontractor from the City.

B. No proposed subcontractor shall be disapproved by the City without cause.

29. ACCIDENT PREVENTION

A. The Contractor shall exercise proper precaution at all times for the protection of persons and property and shall be responsible for all damages to persons or property, either on or off the site, which occur as a result of his fault or negligence in connection with the prosecution of the work. The safety provisions of applicable laws and building and construction codes shall be observed, and the Contractor shall take or cause to be taken such additional safety and health measures as the City may determine to be reasonably necessary. Machinery, equipment, and all hazards shall be guarded in accordance with the safety provisions of the "Manual of Accident Prevention in Construction", published by the Associated General Contractors of America, Inc., to the extent that such provisions are not in conflict with applicable local laws.

B. The Contractor shall maintain an accurate record of all cases of death, occupational disease, and injury requiring medical attention or causing loss of time from work, arising out of and in the course of employment on work under the Contract. The Contractor shall promptly furnish the City with reports concerning these matters.

30. SANITARY FACILITIES

The Contractor shall furnish, install and maintain ample sanitary facilities for the workmen.

As the needs arise, a sufficient number of enclosed temporary toilets shall be conveniently placed as required by the sanitary codes of the State and Local Government. Drinking water shall be provided from an approved source, so piped or transported as to keep it safe and fresh and served from single service containers or satisfactory types of sanitary drinking stands or fountains. All such facilities and services shall be furnished in strict accordance with existing and governing health regulation.

31. REVIEW BY CITY

The City, its authorized representatives and agents, and the HUD Representative for the Administrator (as defined under GENERAL CONDITIONS, PART II, Page LP-1) shall, at all times, have access to and be permitted to observe and review all work, materials, equipment, payrolls, personnel records, employment conditions, and other relevant data and records pertaining to this Contract, provided, however, that all instructions and approvals with respect to the work will be given to the Contractor only by the City through its authorized representatives or agents.

PW-7073 NB. 19

32. WORKING AREA

The Contractor will be required to submit to the Engineer written evidence indicating that the Contractor has secured permission to use for construction purposes the property adjacent to the public right-of-way which is owned by private individuals and/or the Planning and Development Department. The Planning and Development Department may grant the Contractor permission to use their property providing the Contractor complies with the following conditions:

A. Prior to starting the work, the Contractor shall prepare and submit to the Engineer a drawing indicating the limits of the work area required for his operations and said area is not to exceed twenty-five (25) feet beyond the existing curb of the street. The work area shall be sufficient for storage of materials and supplies, for hauling of materials and for parking of his employees' cars.

B. The Engineer, the Contractor, and a representative of the Planning and Development

Department will…