Draft_Contract_-_Demolition_of_Clock_Tower.pdf

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Construction Contract

THIS Construction Contract is made this ####### day of, MONTH, YEAR, by and between the City of Royal Oak, a Michigan Municipal Corporation, with its principal office at 203 S. Troy Street, Royal Oak, MI 48067, (the “CITY”), and NAME OF CONTRACTOR, with its principal office at, MAILING ADDRESS, (the “CONTRACTOR”). CITY and CONTRACTOR are herein collectively referred to as “Parties” and separately as “Party”.

WITNESSETH, the parties to these presents, each in consideration of the agreements on the other herein contained, have agreed and hereby agree to as follows:

Article 1: That the said CONTRACTOR has agreed and by these presents does agree with the said CITY for the consideration set forth in Article 5 of this Contract to build and/or construct for the said CITY the entire work as shown on the Plans and as described in the Specifications, Instructions to Bidders, Proposal, and other documents together with all appurtenances and appurtenant work, in the manner and time prescribed including the furnishing of all materials, tools, equipment, transportation, labor, supervision, and all else necessary therefor and incidental thereto.

The short title and description of this Contract shall be known and referred to as:

Demolition of “Clock Tower”

Article 2: That the CONTRACTOR agrees that they will prosecute the work under this Contract so as to bring it to full completion by September 30, 2026 and they further agree that the CITY is hereby authorized to deduct and retain out of monies that may be due or become due them under this Contract the sum of one thousand dollars ($1,000.00) for each and every working day that the work remains uncompleted beyond the time limit named above, as amended by such extension of time as may be as allowed under Article 3 of this Contract, and that, in view of the difficulty of ascertaining the loss which the CITY will suffer by reason of delay in the performance of the work hereunder, the deduction and retention of such sum is to be considered not a penalty but the payment of liquidated damages stipulated beforehand by the parties hereto as representing the cost of additional inspection and engineering and the loss to the CITY of the use of the said construction of facilities.

Article 3: That the parties hereto mutually agree that if the CONTRACTOR shall be obstructed or delayed in the prosecution of completion of their work by disastrous storms, or by acts of Providence, or by general strikes, or by Court Injunction, or by any neglect or delay on the part of the CITY, the CONTRACTOR shall have no claim for damages for such causes or delay, but they shall in such case be entitled to such extension of time limit specified herein for the completion of the work as the Director of Planning shall adjudge to be just and reasonable provided, however, that formal claim for such extension be made in writing by the CONTRACTOR within a week after the time when such alleged cause of delay shall have occurred.

Contract Demolition of “Clock Tower” – Continued

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Article 4: That the parties hereto mutually agree to the following stipulations as setting forth certain conditions which shall be taken to exist between the said parties and the conditions under which the work is to be done:

1. Definition of Forms: Whenever in the Contract the following terms, or pronouns in place of them, are used, their intent and meaning shall be interpreted as follows:

"Contract" The agreement covering the performance of the work hereinafter defined and the payments therefor; including Advertisement, Instructions to Bidders, Form of Proposal, Executed Contract, Contract Bonds, Insurance, Specifications, Plans, Federal Labor Standards Provisions, Section 3 Documentation, Title VI Requirements, Supplementary Agreements which may be entered into, all of which documents are to be treated as one instrument whether or not set forth at length in the Form of Contract.

"City" The City of Royal Oak, Michigan, or the properly authorized agents or representatives.

"Engineer" The City Engineer of the City of Royal Oak, Michigan, or their duly authorized agents, assistants, or representatives, limited to the specific duties assigned or entrusted to them.

"Contractor" The party of the second part, contracting to perform the work covered by this Contract, or any part of it, their successor, assigns, or their duly authorized agents or legal representatives.

"City Clerk" The Clerk or Treasurer or Attorney or Director of Planning of

"City Treasurer" the City of Royal Oak, Michigan "City Attorney" “Director of Planning”

2. Plans: The location, depth and dimensions, structural details of all items to be demolished are shown in a set of building permit drawings held by the CITY and on file at the office of the Director of Planning entitled:

When the figures or dimensions are given on the drawings, they are to have precedence over dimensions taken by scaling. During the progress of the work, the CITY may furnish drawings explanatory of those mentioned herein, which shall thereupon become a part hereof.

The CITY shall have the right to make reasonable modifications, if it is to its best interest to do so, and the CONTRACTOR shall be paid for the work as it is actually done.

The CONTRACTOR shall furnish, wherever required, drawings showing in detail the materials and construction of any part of the work for which the Director of Planning does not issue detail drawings. No time will be allowed for delays caused by the CONTRACTOR in submitting drawings that are not in accordance with the specifications. The CONTRACTOR shall check all dimensions and quantities on

C 3 the drawings and they shall notify the Director of Planning of all errors, which they may discover.

3. Specifications: A set of technical specifications explaining in detail how the work under this Contract is to be done and describing the character and quality of the various materials employed therein is attached to this Contract and is made expressly a part of it.

4. Plans and Specifications Cooperative: The plans and specifications are intended to be cooperative. They shall be construed as supplementary and explanatory each to the other, and any work called for on the plans and not particularly shown on the plans is to be as included under this Contract the same as is set forth in the specifications and exhibited on the plans.

5. The Director of Planning to Decide: In case of any conflict between the specifications and the plans, or in case the meaning of either or both should be obscure or uncertain or in dispute, the Director of Planning shall decide as to the true intent, and their decisions shall be binding and final.

6. Supervision of Work: All work shall be done under the supervision of and subject to the approval of the Director of Planning who shall have authority to make all inspections and direct it and determine the amount, quality, acceptability, and fitness of any labor, material, or construction which in their opinion does not fully meet the requirements of the specifications.

7. Suitable Tools and Equipment: It is mutually understood that the work furnished under this Contract shall be first class. To the end that a good substantial and job may be produced, the CONTRACTOR shall furnish suitable tools and equipment.

Any tools or equipment that shall not, in the judgment of the Director of Planning, be suitable or sufficient to produce this result may be ordered from the work by the Director of Planning and such tools or equipment shall be substituted therefor by the CONTRACTOR as will meet with the approval of the Director of Planning.

8. Requirements for Materials: It is mutually understood that all materials furnished by the CONTRACTOR to be used in this work shall be of first quality in every respect and material so furnished which may not, in the judgment of the Director of Planning, be equal to the requirements of the specifications may be rejected by the Director of Planning, and such rejected materials must not be used and must immediately be removed by the CONTRACTOR from the site of the work.

The presence of the inspector or Director of Planning on the project shall in no way relieve the CONTRACTOR of their obligations to both provide materials and perform the work in full conformity to the specifications. Work found to be unsatisfactory prior to the expiration date of the maintenance clause of the Performance Bond shall be replaced at no cost to the CITY regardless of whether or not the inspector or Director of Planning was present at the time the work was originally performed.

9. Trade Names and Patents: Whenever an article of any class or materials or equipment is specified by the trade name of any particular patentee, manufacturer, or dealer, or by reference to the catalog of any such manufacturer or dealer, it shall be taken to mean and specify the article or articles or materials described or equal thereto in quality, finish, and durability and equally serviceable for the purpose for which it is or they are intended. The Director of Planning shall make the decision as

C 4 to whether the materials or equipment offered are equal to those specified and their decision shall be final.

10. Patent and Patent Rights: The CONTRACTOR shall protect and save the CITY harmless against all claims and actions brought against the CITY by reason of any actual infringement upon patent rights in any material, process, machine, or appliances used in the work.

11. Right-of-Way: The necessary rights-of-way for any construction to be done across or on private property will be obtained by the CITY. The CONTRACTOR shall take due and proper precautions against any injury to adjacent structures and shall hold itself strictly within the rights secured to them by the CITY in prosecuting the work on private property.

12. Sanitary Regulations: The CONTRACTOR at all times shall provide for the employees an abundant supply of pure drinking water and shall give orders against the use for drinking purpose of any water in the neighborhood known to be injurious to the health of the workers.

The CONTRACTOR shall provide at convenient points approved by the Director of Planning, properly secluded from public observations, necessary sanitary conveniences for the use of the employees. These shall be maintained in a manner, which will meet with the approval of the Director of Planning, and the CONTRACTOR shall vigorously enforce their use.

13. Labor Laws and Ordinances: The CONTRACTOR shall obey and abide by all the laws of the State of Michigan relating to the employment of labor and public work and all ordinances and requirements of the CITY regulating or applying to public improvements.

The CONTRACTOR agrees not to discriminate against any employee or applicant for employment, to be employed in the performance of the Contract, with respect to hire, tenure, terms, conditions, or privileges of employment, of any matter directly or indirectly related to employment, because of age or sex, except where based on a bona fide occupational qualification, or race, color, religion, national origin, or ancestry. The CONTRACTOR further agrees that every subcontract entered into for the performance of the Contract will contain a provision requiring non-discrimination in employment, as herein specified, binding upon each subcontractor. Breach of this covenant may be regarded as a material breach of the Contract.

14. Local Sources for Labor and Materials: All labor employed upon the work of this Contract shall be obtained from residents of the CITY insofar as this is available. All supplies, equipment, and materials shall be obtained from sources and dealers in the CITY insofar as is practicable.

15. Assignment or Subletting of Contract: In the execution of the Contract it may be necessary for the CONTRACTOR to sublet part of the work to others; however, the CONTRACTOR shall not award any work to any subcontractor without prior written approval of the CITY, which approval shall not be given until the CONTRACTOR submits to the CITY a written statement concerning the proposed award to the subcontractor, which statement shall contain such information as the CITY may require.

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The CONTRACTOR shall be fully responsible to the CITY for the acts and omissions of their subcontractors and of persons either directly or indirectly employed by them, as the CONTRACTOR is for the acts and omissions of persons directly employed by them. Nothing contained in this Contract shall create any contractual relation between any subcontractor and the CITY.

The CONTRACTOR shall not assign, transfer, convey, or otherwise dispose of this Contract, of any part thereof, or their right, title, or interest in the same or any part thereof, without the previous consent in writing of the CITY. The CONTRACTOR shall not assign by power-of-attorney or otherwise any of the monies due or to become due and payable under this Contract without the previous consent in writing of the CITY.

16. Contractor Insurance Requirements: The CONTRACTOR, and any and all of their subcontractors, shall not commence work under this contract until they have obtained the insurance required under this paragraph, and shall keep such insurance in force during the entire life of this contract. All coverage shall be with insurance companies licensed and admitted to do business in the State of Michigan and acceptable to City of Royal Oak, Michigan. The requirements below should not be interpreted to limit the liability of the CONTRACTOR. All deductibles and SIRs are the responsibility of the CONTRACTOR.

The CONTRACTOR shall procure and maintain the following insurance coverage:

A. Workers’ Compensation Insurance, including Employers’ Liability Coverage, in accordance with all applicable statutes of the State of Michigan.

B. Commercial General Liability Insurance on an “Occurrence Basis” with limits of liability not less than $3,000,000 per occurrence and aggregate.

Coverage shall include, but not limited to, the following: (A) Contractual Liability; (B) Products and Completed Operations; (C) Independent Contractors Coverage; (D) Broad Form General Liability Extensions or equivalent; (E) Explosion, Collapse, and Underground, if applicable.

C. Automobile Liability, including Michigan No-Fault Coverages, with limits of liability not less than $3,000,000 per occurrence combined single limit for Bodily Injury, and Property Damage. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles.

D. Commercial General Liability and Automobile Liability Required liability limits may be obtained by using an Excess/Umbrella Liability policy in addition to the primary liability policy(ies). If coverage limits are satisfied by an Excess and/or Umbrella policy, coverage must follow form of the primary liability policy(ies), including but not limited to additional insured and primary/non-contributory coverage.

E. Additional Insured: Commercial General Liability Insurance shall include an endorsement stating the following shall be Additional Insureds: The City of Royal Oak, all elected and appointed officials, all employees and volunteers, agents, all boards, commissions, and/or authorities and board members, C 6 including employees and volunteers thereof. It is understood and agreed by naming the City of Royal Oak as additional insured, coverage afforded is considered to be primary and any other insurance the City of Royal Oak may have in effect shall be considered secondary and/or excess.

F. Owners’ and Contractors’ Protective Liability: A separate Owners’ and

Contractors’ Protective Liability Policy with limits of liability not less than $3,000,000 per occurrence and aggregate. The City of Royal Oak shall be “Named Insured” on said coverage.

G. Cancellation Notice: Policy(ies), as described above, shall be endorsed to state the following: It is understood and agreed Thirty (30) days, Ten (10) days for non-payment of premium, Advance Written Notice of Cancellation or Non- Renewal shall be sent to the Certificate Holder: Director of Planning, City Hall, 203 South Troy Street, P.O. Box 64, Royal Oak, Michigan 48068-0064

H. Proof of Insurance Coverage: The CONTRACTOR shall provide the City of

Royal Oak at the time the contracts are returned by him/her for execution a Certificate of Insurance as well as the required endorsements. In lieu of required endorsements, a copy of the policy sections, where coverage is provided for additional insured and cancellation notice, may be acceptable.

Copies of all policies mentioned above shall be furnished, if so requested.

I. If any of the above coverages expire during the term of this contract, the

CONTRACTOR shall deliver renewal certificates, endorsements, and/or policies to City of Royal Oak at least ten (10) days prior to the expiration date.

J. The Hold Harmless Agreement (Page HHA-1) of this Contract shall be executed by the CONTRACTOR.

17. Insufficiency of Sureties: Should the CITY at any time deem the Sureties under the Contract to be unsatisfactory, and they so notify the CONTRACTOR, the CONTRACTOR shall furnish forthwith the substitution new Sureties acceptable to the CITY. No further payment shall be deemed due or shall be made until the new Sureties shall qualify and be accepted by the CITY.

18. Service of Notice: The address given by the CONTRACTOR in the Proposal is hereby designated as the place where all notices, including letters and other communications shall be served, mailed, or delivered. This place may be changed at any time by the CONTRACTOR by written notice to the Director of Planning.

Nothing herein contained shall preclude or render inoperative service of any notice upon the CONTRACTOR by delivering it to them personally or by serving notice to the agents or representatives in charge of any part of the work. In addition, where the CONTRACTOR is a corporation, such notice may be delivered to any of its officers or directors.

19. Default of Contract: When, in the opinion of the Director of Planning, the work or any part of the work to be done under this Contract has been abandoned, is unnecessarily delayed, or cannot be completed at the rate of progress or within the time specified, or the CONTRACTOR is willfully violating any of the covenants of this Contract or is carrying it out in bad faith, or has been adjudged as bankrupt, or if he should make a general assignment for the benefit of his creditors, then the Director of Planning shall

C 7 so certify in writing to the CITY and the CITY, in writing, may declare the CONTRACTOR in default and so notify him to discontinue the work. The CITY may then call upon the Sureties to complete the work or may complete it by other means.

The CITY may take over and use materials and equipment at the site of the work and other materials and equipment used elsewhere for the work at the time of default and may procure other materials, equipment, and all else necessary for the completion of the work. The CITY may recover the cost of completing the work by deducting the amount thereof from any monies due or which may become due the CONTRACTOR under this Contract, and when such monies are insufficient to pay said cost, the amount of said cost in excess of such monies shall be paid by the CONTRACTOR or by the Surety.

20. Progress Payments and Estimates: At the end of each month or at such other time intervals as may be mutually agreeable, the Director of Planning will make an estimate of the quantity and value of the work done by the CONTRACTOR since the date of the previous estimate and, as soon as practicable thereafter, the CITY will pay the CONTRACTOR, as a partial payment, except that the CITY may at any time retain from such partial payments a sum sufficient to meet any undischarged indebtedness of the CONTRACTOR in connection with the work performed.

To assure proper performance of a construction contract by the contractor, the City may retain a portion of each progress payment otherwise due as provided in this section.

A. The retainage may be limited to the following:

i. Not more than 10% of the dollar value of all work in place until work is

50% in place.

ii. After the work is 50% in place, additional retainage shall not be withheld unless the city determines that the contractor is not making satisfactory progress, or for other specific cause relating to the contractor's performance under the contract. If the city so determines, the city may retain not more than 10% of the dollar value of work more than 50% in place.

B. The retained funds shall not exceed the pro rata share of the City's matching requirement under the construction contract, if any, and shall not be commingled with other funds of the City and shall be deposited in an interest bearing account in a regulated financial institution in this state wherein all such retained funds are kept by City which shall account for both retainage and interest on each construction contract separately. A City is not required to deposit retained funds in an interest bearing account if the retained funds are to be provided under a state or federal grant and the retained funds have not been paid to the City.

C. Except as provided below, retainage and interest earned on retainage shall be released to a contractor together with the final progress payment.

D. At any time after 94% of work under the contract is in place and at the request of the original contractor, the City shall release the retainage plus interest to the original contractor only if the original contractor provides to the city an irrevocable letter of credit in the amount of the retainage plus interest, issued by a bank authorized to do business in this state, containing terms mutually acceptable to

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21. Final Estimate and Payment: As soon as practicable after completion of all the work included in this Contract and after all known defects and deficiencies have been remedied, the Director of Planning will make a final inspection of said work and prepare a final estimate of the amount of money due to the CONTRACTOR. The CONTRACTOR shall file with the Director of Planning, as a condition precedent to final payment, an affidavit that all payrolls, material bills, and all other indebtedness incurred by them in connection with the work have been paid or an affidavit showing in detail the nature and amount of any such indebtedness that is unpaid. The CITY may hold from final payment an amount of money sufficient to meet any such undischarged indebtedness of the CONTRACTOR until an affidavit that any such indebtedness is paid is filed with the Director of Planning.

Article 5: That the said CITY, in consideration of the faithful and entire performance by the CONTRACTOR of their obligations under this Contract, hereby agrees to pay to the said CONTRACTOR, at the time and in the manner stipulated in Sections 20 and 21 of Article 4, the sum as determined by multiplying the actual quantities of authorized and approved work done under said item schedule in the Proposal by the respective unit prices bid therefore on the Proposal. A copy of the Proposal follows this Article.

Article 6: It is mutually agreed to by the parties hereto that any extra work not specifically mentioned in the Contract but which is obviously necessary to the complete performance of the Contract and which may be fairly implied as included will be considered so included and will be performed by the CONTRACTOR without extra charge therefore.

It is further agreed that if the CONTRACTOR shall do any extra work for which no price has been agreed upon beforehand, the price to be paid shall be actual cost to the CONTRACTOR of the labor and materials expended in such work plus fifteen percent (15%) of such cost for superintendence, overhead expense, insurance, and for the use of tools and plant. No claim for extra work will be allowed unless such work has been previously ordered in writing by the Director of Planning and unless such claim has been presented for payment as soon as practicable after such work was done and before making up of the final estimate.

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IN WITNESS WHEREOF, the parties hereto have set their hands and seals in triplicate this day of MONTH DAY, YEAR.

CITY OF ROYAL OAK

Michael Fournier, Mayor

Melanie Halas, City Clerk

WITNESS: CONTRACTOR

Signature

Company and Title

Approved as to Form:

Joshua Marcum, Interim City Attorney

Appendix

Special Instructions To Bidders

Hold Harmless Agreement

Title VI Contract Requirements

Contractor’s Affidavit Federal Labor Standards Provisions (HUD 4010)

Applicable Wage Determination

Davis Bacon Contractors Guide

Employee Rights under the Davis-Bacon Act

Royal Oak Section 3 Requirements and Forms

SIB 1

Primary Contact Joseph M. Murphy, Director of Planning P (248) 246-3285 E joem@romi.gov

Location – 25658 Woodward Ave. Royal Oak MI 48067

Woodward Avenue at W. Harrison Avenue

Scope of Work The City of Royal Oak seeks proposals from qualified contractors that must furnish all labor, materials, equipment, and incidental items, including but not limited to the complete demolition, removal, and disposal of the city-owned “clock tower” structure on Woodward Avenue at W.

Harrison Avenue. This is a federally funded project.

The “clock tower” structure is accessible at all times to prospective bidders.

The “clock tower” structure was constructed in 1999 / 2000. The selected contractor must remove and properly dispose of all masonry, metal, etc. components located a top of footings.

The steel frame shall be unbolted from the base plates attached to the concrete footings. The base plates and concrete footings are located approximately 8-12 inches below grade and are not required to be removed. However, their removal, backfill, and compaction are listed as a bid alternate item. The selected contractor must make every effort to preserve all adjacent sidewalks. Special note that the electrical supply and meter have been disconnected and removed. The selected contractor is responsible for removal and proper disposal of discovered universal waste. There are no known ACBMs. A lead and asbestos survey were not completed given the age of the structure.

Demolition work and removal and disposal of debris must be performed in accordance with applicable State and Federal regulations. All demolition shall comply with the City of Royal Oak's Code of Ordinances, Chapter 278-37, Disturbances of the Peace, Construction Activity which governs work hours and ensure refuse and airborne particles not travel beyond the site.

The city is seeking a firm to demolish and dispose of all above grade elements of the “clock tower”. No site landscape restoration is required.

The bid alternate item includes the removal of all below grade footings, backfill, and compaction. No site landscape restoration is required.

Anticipated Timeline Release Project Date: April 7, 2026 Question Submission Deadline: April 21, 2026 @ 4:30 pm ET Proposal Submission Deadline: April 28, 2026 @ 4:30 pm ET Anticipated Contract Award: June 8, 2026 Start Date: start of July 2026 Completion Date: end of September 2026

Award Of Contract It is the intention of the city to award this federally funded contract to a single lowest responsible bidder. City staff shall forward to the selected contractor a written notice of award upon acceptance of the bid by the Royal Oak City Commission.

Time of Starting & Competition The work is expected to begin after the contract has been awarded by the Royal Oak City Commission. The anticipated award date is June 8, 2026. Work may commence no sooner than July 1, 2026 and all work must be completed by no later than September 30, 2026.

History & Design The City of Royal Oak has complete control and ownership of the “clock tower” on Woodward Avenue at the intersection of W. Harrison Avenue. Constructed in 1999 / 2000, the “clock tower” once contained digital display panels advertising a former automobile dealership in the city. The electric meter and digital panels were removed over six years ago. The “clock tower” has fallen into an advanced state of disrepair.

The 46.5 ft. tall “clock tower” measures approximately 20.7 ft. by 20.7 ft at its based. Four steel stud columns are surrounded in masonry and affixed to base plates on concrete footings measuring 6 ft. by 6 ft. by 4 ft. deep. The top of footing is approximately 8-12 inches below grade.

Removal & Disposal of the Above Grade Structure & Its Elements All above grade elements of the “clock tower” structure shall be removed and appropriately disposed. All related costs shall be included in the lump sum price proposal / bid.

Bid Alternate Item

– Removal & Disposal of Below Grade Footings, Backfill, & Compaction The bid alternate item includes the removal of all four, concrete footings measuring 6 ft. by 6 ft.

by 4 ft. deep. The footings are approximately 8-12 inches below grade. The void space shall be backfilled with appropriate aggregate sub-base compacted to 95% of maximum density. All related costs shall be included in the lump sum price alternate proposal / bid.

Backfill & Compaction If the city elects to enter into contract with the selected contractor for the bid alternate price to remove and dispose of below grade footings, the selected contractor shall be responsible for backfilling, compacting, and grading the select footing locations. All materials shall be compacted to 95% modified proctor density. This is not a separate quantity item. All costs shall be included in the lump sum price alternate proposal / bid. No site landscape restoration is required.

Asbestos Removal, Disposal, & State Notification An asbestos (ACBM) survey was not completed given the age of the structure.

The selected contractor must submit a Notification of Intent to Renovate or Demolish to the appropriate State of Michigan agencies within the required period prior to commencing demolition. All related costs shall be included in the lump sum price proposal / bid.

Lead Based Paint Safe Work Practices A lead survey was not completed given the age of the structure.

OSHA regulates workers exposure to lead concentrations. The selected contractor must satisfy all lead related work safety requirements.

The selected contractor must submit a Notification of Intent to Renovate or Demolish to the appropriate State of Michigan agencies within the required period prior to commencing demolition. All related costs shall be included in the lump sum price proposal / bid.

Concrete Recycling All non-hazardous concrete shall be delivered to a local crushing and recycling facility. The selected contractor shall provide the city with evidence of receipt by the local facility and an accurate estimate the quantity. Any segment of concrete that contains LBP shall be disposed of in accordance with State and Federal laws. All related costs shall be included in the lump sum price proposal / bid.

Metals Recycling All ferrous (such as structure steel) and non-ferrous metals that qualify to be recycled shall be delivered to a local scrap metal recycling facility. The selected contractor shall provide the city with evidence of receipt by the local facility and an accurate estimate the quantity. All related costs shall be included in the lump sum price proposal / bid.

Hazardous Waste Recycling The city has not tested structural materials for their hazardous waste levels. Any discovered hazardous waste shall be handled in accordance with applicable laws. The selected contractor shall provide the city with the waste chain-of-custody, trip tickets, shipping manifests, disposal receipts, etc. All related costs shall be included in the lump sum price proposal / bid.

Natural Gas The selected contractor shall verify the presence of natural gas lines with Consumers Energy.

Should the selected contractor discover natural gas, they must obtain permits and approvals to disconnect and cap the natural gas supply. All related costs shall be included in the lump sum price proposal / bid.

Consumers Energy Lia Swidan 4600 Coolidge Hwy Royal Oak MI 48073 P (248) 752-2918

Electrical The selected contractor shall verify with DTE Energy that the former electrical meter, service lines, and conduit have been disconnected and removed in their entirety. The selected contractor shall obtain permits and approvals to disconnect and cap the electrical supply if needed. Any remaining conduit, wiring, circuits, panels, etc. shall be removed and properly disposed.

All related costs shall be included in the lump sum price proposal / bid.

DTE Energy Southeast Planning & Design - Redford 12080 Dixie Hwy Redford MI 48239 P (313) 235-4400 E NWPD@dteenergy.com

Water, Sanitary, & Stormwater Water, sanitary sewer, and stormwater lines are located within adjacent W. Harrison Ave. and Woodward Ave. rights-of-way outside the footprint of the “clock tower” structure. The demolition activity is not expected to disturb any of these public utilities.

mailto:NWPD@dteenergy.com

MISS DIG 811

Pursuant to Act 174 if the PA of 2013, and as a condition of an associate contract, the selected contractor shall notify MISS DIG prior to underground work associated with the bid alternative item if selected by the city.

Emergency Calls The selected contractor shall provide a 24-hour emergency telephone number with the demolition progress schedule. In the event the selected contractor is contacted by the City of Royal Oak's Police Department, Fire Department, or other applicable departments to respond to an emergency situation, the selected contractor shall respond immediately or the City of Royal Oak will proceed with necessary emergency response and take any action the city deems necessary. The selected contractor shall reimburse the city for all expenses incurred for the emergency response upon receipt of billing.

Notification to Fire Department Regarding Street Closures The selected contractor shall notify the Royal Oak Fire Department whenever demolition work shall in any way interfere with use of a street by fire vehicles. In case of doubt, the city may, in the interests of public safety, notify the Fire Department, but such notification shall in no way relieve the selected contractor of their responsibilities.

Royal Oak Fire Department P (248) 246-3800

Storage of Equipment & Materials Materials, tools, and equipment shall not be distributed upon or near the site of the work in such a manner as to obstruct local traffic or cause unnecessary inconvenience unless authorized by city staff. The selected contractor must notify adjacent property and business owners along Woodward Ave. and residents along W. Harrison Ave. of their work timeline and provide an emergency contact. The selected contractor shall be held responsible for and make good any damage done by reason of the storage of tools, materials, and equipment. All demolition debris must be immediately removed from the site – no overnight storage. Construction / demolition equipment may not be parked overnight at the site or adjacent roadways. It’s understandable that at certain stages of the demolition this may not be practical. Backfill material may not be stored on adjacent roadways. It must be delivered and dumped directly to the demolition site. All related costs shall be included in the lump sum price proposal / bid.

Hauling Routes The city shall work with the selected contractor to select local routes in the best interest of the city's residents, visitors, and businesses. The selected contractor shall secure permission from the authorities having jurisdiction for the use of a particular road as a haul route. Loading restrictions as established by law or ordinance shall be observed. Trucks hauling excavated material, bituminous material, concrete, sand, stone, or other loose material from or to the site shall be tight so that no spillage will occur on adjacent streets or haul routes. Before trucks start away from the site, their loads shall be carefully trimmed by hand and tires shall be cleaned if necessary.

Demolition Hours, Securing the Site, & Safety Measures All demolition shall comply with the City of Royal Oak's Code of Ordinances, Chapter 278-37, Disturbances of the Peace, Construction Activity. Unless grant a special exception, all demolition activity shall occur between the hours of 7:00 a.m. and 8:00 p.m. Monday through Saturday & 10:00 a.m. to 6:00 p.m. on Sundays.

The selected contractor shall be responsible for securing the perimeter of the site during demolition to protect adjacent pedestrians and motorist and possible trespassing. The demolition site shall be secured, and all materials and equipment shall be stored in approved locations to protect public health, safety, and welfare. The selected contractor shall use industry best practices such as portable, temporary fencing, notices, etc. Refuse storage bins and vehicles must be secured to prevent overflow or accidental littering. All related costs shall be included in the lump sum price proposal / bid.

At all times the necessary steps shall be taken to ensure that dust, soil, or other materials shall not become airborne and travel beyond the demolitions site. Such steps could include water or chemical treatment. All related costs shall be included in the lump sum price proposal / bid.

Dust Control The selected contractor shall utilize and position dust suppression equipment to distribute an atomized mist into the air, capturing and dropping dust to the ground. To capture small airborne particles, water droplets need to match the general size. Water for performing the demolition work shall be provided, at no cost, by the City of Royal Oak at a hydrant(s) selected by the Royal Oak Department of Public Service. Details are noted below under "Use of City Fire Hydrants". The selected contractor shall keep the site and adjacent setting free of the water slurry by sweeping and / or washing the areas of a frequent basis. All related costs shall be included in the lump sum price proposal / bid.

Use of City Fire Hydrants Water for performing the demolition work shall be provided, at no cost, by the City of Royal Oak at a hydrant(s) selected by the Royal Oak Department of Public Service. The selected contractor will be furnished with a backflow preventer. Water hydrant wrenches shall be provided by the selected contractor and shall be used to open and close water hydrants.

Hydrants shall be opened and closed slowly to prevent disturbances in the water system. The selected contractor shall be held responsible for the care of the water hydrants that are utilized.

Lee Collick, Operations Manager Dept. of Public Service 1600 N Campbell Rd Royal Oak MI 48067 C (248) 885-1759 E leec@romi.gov mailto:leec@romi.gov

Miscellaneous Debris & Materials - Clean-Up & Haul Away & Grading The selected contractor is responsible for the removal and disposal of all on-site debris created by the work. All related debris shall be hauled away expeditiously from the project area. All related costs shall be included in the lump sum price proposal / bid.

Working Days & Scheduling The definition of “working days” shall be Monday through Saturday, 7:00 a.m. to 8:00 p.m. & Sunday 10:00 a.m. - 6:00 p.m. as defined by the City of Royal Oak's Code of Ordinances, Chapter 278-37, Disturbances of the Peace, Construction Activity.

The selected contractor shall work directly with the Director of Planning or their designated representative to arrange an appropriate construction schedule. All public rights-of-way shall always remain open as practical. The contractor must obtain a permit to conduct work within the city’s public rights-of-way from the engineering division of the community development department.

The contractor may not work on Friday, Saturday, Sunday, or Monday for festivals:

• The Woodward Dream Cruise – 2nd Saturday in August

• Art, Beats, & Eats - Labor Day weekend of 2026

• TacoFest - Fourth of July weekend of 2026

Posting & Delivering Notification to Adjacent Tenants The selected contractor shall post advance notice of the upcoming demolition activities on-site at least one week prior to commencement. The signage shall be attached to new wood post near the “clock tower” structure indicating the company name, contact person, and direct contact person's direct phone number. The signage shall remain in place for the duration of the demolition project.

The selected contractor shall hand deliver notice to surrounding business owners and residents as determined by the city. The notice shall bear the name, title, and direct phone number of the company representative responsible for immediate inquiries.

Portable Toilet If the selected contractor determines their need for a portable toilet for their employees, and subcontractor employees, use for the entire duration of the demolition project, it will be at their own expense. The Director of Planning will work with the selected contractor regarding placement / access.

Protection of Adjacent Sidewalks / Walkways, Streets, & Landscaping The selected contractor shall temporarily close necessary, adjacent segments of streets and sidewalks including internal walkways during demolition. All demolition work shall be done, to the greatest extent possible, to protect walkways and landscaping. The selected contractor shall obtain all required right-of-way permits / approvals, from the engineering division of the Royal Oak Community Development Department and / or the State of Michigan’s Department of Transportation, to safely close necessary segments of adjacent sidewalks and streets to approved traffic control and barricade standards. The selected contractor will be required to submit a Traffic Control Plan as part of permit requirements. The selected contractor shall be exempt from city-issued r.o.w. permit fees or separate bond requirements.

The demolition work shall be done in accordance with Public Act 315 of 2003 effective April 8, 2004, accordance with Subsections 104.07.C.2, 104.11.A and 812 of the MDOT 2021 Standard Specifications for Construction, the 2024 City of Royal Oak Standard Specifications for Construction (www.romi.gov/engineering) and signage shall conform to current edition of the Michigan Manal of Uniform Traffic Control Devices except as otherwise specified herein. The traffic regulator devices shall be furnished and placed in accordance with Sections 6B through 6H of the Michigan Manual of Uniform Traffic Control Devices. W 20-1 signs must be placed in advance of all construction / demolition. When directed by the City Engineer, Type III barricades with R11-2 signs shall be placed at ends of local streets that are temporarily closed or open to only one lane of traffic as well as sidewalk barricades and detour signage. Traffic regulator devices shall consist of arrow panels, drums, cones, signage, and barricades. Flag person may be required at the judgement of the City Engineer. Lighted traffic arrow boards when required, or as directed by the City Engineer, are to be furnished, maintained, installed, relocated, and removed by the selected contractor. No claim for additional compensation will be allowed for barricades that are stolen, damaged by traffic, or vandalized. Placement shall be as directed by the City Engineer and per the requirements of the Michigan Manual of Uniform Traffic Control Devices. The selected contractor shall replace, at no additional cost, any new pavement, base course, driveway or sidewalk that is damaged due to a lack of traffic regulator material.

All related costs shall be included in the lump sum price proposal / bid.

Licenses & Certifications The selected contractor, and any of its subcontractors, shall provide evidence, upon request, of all applicable local, state, or federal licenses and certifications.

Local Demolition Permit & Fees The selected contractor must register with the Building Division of the Royal Oak Community Development Department. Once registered, the selected contractor must obtain a demolition permit which includes evidence of utility disconnects – if applicable and rodent abatement.

Rodent abatement must be performed by a qualified pest control firm. The selected contractor must finalize the related permits prior to the city's final payment.

Necessary rodent abatement services shall be included in the lump sum fee. The city will not pay a separate invoice for rodent abatement.

The demolition permit and related disconnect fees shall be included in the lump sum fee.

https://www.romi.gov/engineering)

Soil Erosion, Sedimentation Control, Protecting & Cleaning Catch Basins The footprint of the “clock tower” structure to be demolished (earth change/disturbance) is less than one (1) acre in size & is not within 500 feet of a water of the state within Oakland County.

Therefore, a Soil Erosion and Sedimentation Control (SESC) Permit is NOT required by the Oakland County Water Resources Commissioner's Office (WRC).

Existing catch basins within the adjacent roadways shall receive a geotextile fabric inlet filter.

Geotextile filter fabric shall have a minimum of 100 gallons/minute/sq ft or use an inlet filter insert in the structure such as Catch-All, Ultra-Urban Filters, Flowgard + or an approved equivalent. These inlet filters shall be of the sack-type insert that can catch and hold sediment and be easily removed, emptied, and re-installed. Inlet filters shall be inspected weekly & immediately after precipitation events.

Upon completion of the project, each drainage structure shall be opened and vacuumed clean.

Purchases, installations, and vacuum cleaning shall be included in the lump sum price proposal / bid.

Payment / Compensation The contract will provide the opportunity for progress payments via pay estimates based on quantities. The selected contractor must provide an affidavit that all payrolls, material bills, and all other indebtedness incurred in connection with the project have been paid in full. Payment shall not be released until the selected contractor has demonstrated and the city has verified complete compliance with Federal Labor Standards Provisions.

Invoices, based on the above schedule, shall be paid in accordance with the city's approved Accounts Payable Calendar which provides deadlines and payments nearly every two (2) weeks.

Federal Labor Standards Provisions

This project is funded by the city’s receipt of Community Development Block Grant (CDBG) federal funds from the U.S. Department of Housing & Urban Development’s (HUD).

Construction work that is financed with federal funds must adhere to a wide variety of federal statutory provisions including federal labor standards requirements. The project requires that workers receive no less than the prevailing wages being paid for similar work in the same area.

This is guided under the Davis Bacon Act as described in Federal Labor Standards Provisions and predetermined minimum wage rates to be paid to all laborers and mechanics working at the job site as contained in U.S. Department of Labor’s applicable wage decision for the construction type at the time of the bid opening.

In addition, the poster found Federal Labor Standards Provisions with the applicable positions and prevailing wages must be posted on the job site. The selected contractor shall provide a payroll report on a bi-weekly basis to the city in compliance with the Davis Bacon Act and Fair Labor Standards Provisions.

Section 3 Documentation Requirements The selected contractor must agree to signed and dated "Section 3 Self-Certification Form" prior to contract award.

Section 3 requires that, to the greatest extent feasible, training and employment opportunities arising out of a project assisted under a program providing direct federal financial assistance from the U.S. Department of Housing and Urban Development (HUD) be given to low and very low income residents of the City of Royal Oak and, where appropriate, contracts for work in connection with the project be awarded to business concerns (firm) which are located in or owned in substantial part by persons residing in the City of Royal Oak.

Further clarification regarding Section 3 may be found in "A Compliance Guide to Section 3 Requirements" which may be downloaded from the city’ website https://romi.gov/DocumentCenter/View/271/Section-3---Guide-and-Forms-PDF

Title VI Compliance The City of Royal Oak in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 USC 2000d-d4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally Assisted Programs of Department of Transportation, and all requirements issued pursuant to such Act, hereby notifies all bidders that minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of gender, disability, race, color, sex or national origin in consideration for an award.

During the performance of the Contract, the selected contractor, for itself, its assignees, and successors in interest, (hereinafter referred to as the “Contractor”) agrees as follows:

1. Compliance with Regulations

The Contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter referred to as DOT), Title 49, Code of Federal Regulations, part 21 (hereinafter referred to as the Regulations), as they may be amended from time to time, herein incorporated by reference and made a part of this Contract.

2. Nondiscrimination

The Contractor, with regard to the work performed during the Contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of https://romi.gov/DocumentCenter/View/271/Section-3---Guide-and-Forms-PDF subcontractors, including procurement of materials and leases of equipment.