Scope of Services_EMG Demo (Commercial) 8.4.23 (20) (1).pdf

CITY OF DETROIT DEMOLITION PROGRAM

SCOPE OF SERVICES

EMERGENCY DEMOLITION OF BLIGHTED COMMERCIAL STRUCTURES

Date: August 4, 2023

I. INTRODUCTION

A. Intent. As directed by the City of Detroit (hereafter “Owner”), this Scope of Services (hereafter “these Services”) is intended to improve neighborhoods and improve the quality of life of residents through the emergency demolition of blighted commercial structures.

B. Revisions to this Scope of Services. The Owner reserves the right to revise these

Services over time to maximize efficiency and to mitigate any potential hazards to public health and safety or disturbances to the neighborhood.

C. Clarifications to this Scope of Services. At its sole discretion, the Owner reserves the right to clarify these Services at any time. The Contractor is not entitled to any upward adjustment in price/cost or any additional fee because of any clarifications to these Services by the Owner. The Contractor may be required to deduct costs if the clarification to these Services reduces the work, material, or labor required.

II. GENERAL REQUIREMENTS & PROTOCOLS

A. Project Manager. The Contractor must assign a Project Manager who will serve as the point of contact for the Owner or any enforcement agency or regulatory authority on matters related to these Services. The Project Manager shall have the authority to act on behalf of the Contractor on all matters related to the performance and execution of these Services.

B. Qualified Personnel. The Contractor must assign qualified personnel to perform or execute all aspects of these Services. Personnel must possess all necessary accreditations, licenses, endorsements, or certifications as required by all applicable laws, regulations, rules, or industry standards. Personnel must also possess the necessary experience to execute these Services safely, efficiently, and effectively as required by all applicable laws, regulations, rules, or industry standards. The Contractor must provide the Owner with copies of the accreditations, licenses, endorsements, certifications, or work history of any person assigned to perform any aspect of these Services upon request.

C. Professional Conduct. Throughout the execution of these Services, the

Contractor must maintain a friendly and professional demeanor whenever interacting with the public, the Owner, or any representative of an enforcement agency or regulatory authority.

D. Responsibility for Sub-contractors. The Contractor is responsible for the work of any sub-contractor who performs or executes any aspect of these Services.

E. Equipment and Materials. The Contractor must provide all necessary equipment and materials to execute these Services safely, efficiently, and effectively.

Equipment and materials must meet or exceed the requirements set forth in all applicable laws, regulations, rules, or industry standards. The Contractor must interpret equipment and materials in the broadest sense to include vehicles, trailers, containers, tools, personal protection equipment, and all other equipment and materials necessary to perform or execute these Services. Upon request, the Contractor must provide the Owner or any enforcement agency or regulatory authority with copies of any available documentation on the equipment or materials used in the performance or execution of these Services.

F. Permits. The Contractor must ensure possession of all necessary permits to execute these Services. The Contractor must ensure that all permits are current and valid throughout the performance of any applicable Services. The Contractor must present a copy of any permit to the Owner or any enforcement agency or regulatory authority upon request.

G. Record/Document Creation and Retention. The Contractor must create and/or retain all necessary documents, including photographs, associated with these Services. The Contractor must keep and maintain accurate, complete, and orderly records of all documents associated with these Services for a period of seven (7) years from the date of the last payment under the associated Agreement or assignment of work. The Contractor must provide any documents associated with these Services to the Owner or any enforcement agency or regulatory authority within a reasonable time of request as determined by the requesting party at its sole discretion. The Contractor must ensure that every document is clear and/or legible. If the requesting party determines that any document is unclear or illegible, the Contractor must either provide a clear and/or legible copy of the document or provide a signed attestation of the information contained in the document within a reasonable timeframe as determined by the requesting party at its sole discretion.

H. Reporting and Requests for Inspections. As directed by the Owner, the

Contractor must use the designated system to:

a. Accurately and timely report on planned and actual activities covered under these Services, and

b. Request the required inspections

The Contractor must comply with the most current version of the policy/protocols on data and document reporting or any other such policy/protocols that the Owner may implement during the term of the Agreement.

I. Cooperation, Coordination, and Communication. The Contractor must fully and openly cooperate, coordinate, and communicate with the Owner on all matters related to the performance or execution of these Services, and the Contractor must comply with any direction or guidance provided by the Owner.

Communications may include but are not limited to daily or weekly schedules of any activities associated with these Services.

The Contractor must fully and openly cooperate, coordinate, and communicate with any representative of an enforcement agency or regulatory authority with jurisdiction over any aspect of these Services. Unless governed by any applicable confidentiality rules or laws, the Contractor must immediately convey in writing any communication from an enforcement agency or regulatory authority to the Owner. If the communication is governed by any applicable confidentiality rules or laws, then the Contractor must immediately convey that communication when legally permitted to do so.

J. Monitoring, Inspection, and Oversight. The Contractor must allow the Owner or any representative of an enforcement agency or regulatory authority to monitor or inspect all aspects of these Services at any time.

The Owner may stop all work at an assigned site or all assigned sites if the Contractor improperly performs, or is reasonably suspected of improperly performing, any aspect of these Services. The Owner may also stop work at an assigned site or all assigned sites in the interests of public health, safety, or welfare.

The Contractor is not entitled to an upward adjustment to any price/cost or any additional fee resulting from a work stoppage by the Owner.

K. Compliance with all Applicable Laws, Regulations, Authorities, and Rules. The Contractor must perform or execute these Services in compliance with all applicable federal, state, and local laws, regulations, authorities, and rules. The

Contractor must ensure that all assigned personnel possess working knowledge of all applicable federal, state, and local laws, regulations, authorities, and rules.

L. Additional Notification Requirements. The Contractor must file all initial notifications within one (1) calendar day of the Notice to Proceed. All notifications, whether initial or revised, must include all supporting documentation. Documentation may include, but is not limited to:

a. Date- and time-stamped, color photographs that document any impediments to abatement;

b. Alternative control methods document for class I work.

M. Discrepancies. In the case of any discrepancy between these Services and any applicable laws, regulations, authorities, or rules, the most stringent requirement(s) shall apply as determined by the Owner at its sole discretion.

The executed Agreement incorporates these Services by reference, and in the case of any discrepancy between these Services and the executed Agreement, the most stringent requirement(s) shall apply as determined by the Owner at its sole discretion.

N. Verify the Assigned Site(s) and Identify Parcel Boundaries. Prior to the execution of each aspect of these Services, the Contractor must verify the assigned site(s) and identify the parcel boundaries. The Contractor must utilize all available resources (i.e. photos, aerial images, etc.) to ensure these Services target the correct site(s). If questions arise as to which site is assigned, the Contractor must immediately contact the Owner for clarification and hold all Services for that site until the Owner provides clarification. Requests for clarification on an assigned site shall not entitle the Contractor to any upward adjustment in price/costs or any additional fee for that site. The Contractor is not entitled to any compensation for work performed on any unassigned site(s), and the Contractor is responsible for any damage resulting from work performed on any unassigned site(s), including all costs to repair or replace any damage.

O. Days and Hours of Operation. The Contractor may perform or execute these

Services Monday through Friday from 7:30 a.m. until 5:30 p.m. However, on days when sunrise and/or sunset fall within the allowable hours of operation, the Contractor operations are restricted to sunrise and/or sunset.

P. Limitations on Work Area. The general work area for each site is limited to the parcel boundaries. At no time is the Contractor allowed to use an adjacent or a surrounding property to execute any aspect of these Services unless otherwise permitted in writing by the Owner. This includes but is not limited to property access, staging/storing of equipment, or stockpiling of any materials.

Q. Document Site Conditions. The Contractor must document site conditions as directed by the Owner. Failure to thoroughly and adequately document conditions creates a presumption of responsibility on the part of the Contractor for any damage that occurs on or around the assigned site(s).

R. Use of Public Streets, Sidewalks, and Alleyways. The Contractor may use public streets and alleyways for the temporary parking of vehicles and equipment that are necessary to perform or execute these Services. However, the Contractor must comply with all applicable federal, state, and local laws, regulations, authorities, and rules, and the Contractor must ensure safe passage of pedestrian and vehicular traffic around the work area.

S. Protection of Persons, Infrastructure, and Surrounding Property. In every aspect of these Services, the Contractor must exercise all necessary and appropriate care to protect all persons from harm or injury and protect infrastructure and property (both real and personal) from damage. This includes but is not limited to any structures, vehicles, improvements (i.e. fencing), appurtenances, and landscaping on surrounding properties.

The Contractor must execute these Services in a manner that avoids the creation of any hazard, undue disturbance, or nuisance to the community.

T. Cleaning. At the end of each working day, the Contractor must ensure that the sidewalks, streets, alleyways, and surrounding properties are free of dust, debris, and other potential nuisances.

U. Corrections. The Contractor is responsible for these Services through the term of the Agreement. The Contractor is responsible for any errors, oversights, or deficiencies in the execution of these Services, and the Contractor is not entitled to an upward adjustment in price/cost or any additional fee for the correction of any error, oversight, or deficiency. Acceptance or approval of any aspect of these Services by the Owner does not relieve the Contractor of the responsibility to correct any errors, oversights, or deficiencies at the Contractor’s expense.

Furthermore, the Contractor is responsible for any damage that results from the execution of these Services, and the Contractor must repair or replace any damaged infrastructure or property at the Contractor’s expense. The Contractor must replace any damaged sidewalk, curb, street, or alley in accordance with the specifications of the jurisdiction with authority (City of Detroit, Wayne County, or State of Michigan).

Finally, the Contractor is responsible for any hazardous condition, undue disturbance, or nuisance that results from the execution of these Services, and the Contractor must immediately correct any such hazardous condition, undue disturbance, or nuisance that may adversely affect surrounding persons or property at the Contractor’s expense.

V. Verify Disconnection of Electric, Gas, and Communications Services. Prior to any demolition work on each assigned site, the Contractor must review the electric and gas clearance statements to ensure that those clearances are current and valid. If either the electric or gas clearance statements are expired or invalid, the Contractor must contact the Owner as directed and hold any demolition work until a current and valid clearance is provided.

Upon mobilization to each assigned site for any demolition work, the Contractor must inspect the site to confirm that the electric, gas, and communication services are disconnected. If the Contractor discovers a live service line to a site, the Contractor must immediately notify the Owner and hold demolition work until notified in writing by the Owner.

If the Contractor discovers a damaged utility line (i.e. leaking gas line or fallen electric line) on or around an assigned site, the Contractor must immediately notify the appropriate utility company and then immediately notify the Owner as directed. After said notifications, the Contractor must use caution tape to close off the area around the damaged utility line and demobilize to a safe distance away from the damaged line. The Contractor must remain on site until the utility company arrives, and the Contractor must keep contact with the utility company to know when the hazard has been resolved and the Services may resume. The Contractor must immediately inform the Owner when the hazard has been resolved.

The Contractor is not entitled to an upward adjustment in price/cost or any additional fee due to a delay caused by a live or damaged utility line.

W. Shut-off and Disconnection of Water Service. Prior to the start of demolition, the Contractor must properly shut off and disconnect water service to the assigned site(s) as directed by the Owner, and the Contractor must attend any training provided by the Owner related to the proper shut-off and disconnection of water services.

X. Discovery of Flooding. If the Contractor discovers flooding on an assigned site, the Contractor must immediately notify the Owner as directed and hold all activities on site until the Owner has resolved the flooding. The Contractor is not entitled to any upward adjustment in price/cost or any additional fee due to flooding on the assigned site(s).

Y. Executed Agreement and Notice to Proceed. The Contractor may not perform any aspect of these Services without an executed Agreement AND a Notice to Proceed from the Owner. If the Contractor performs any work without an executed Agreement AND a Notice to Proceed, then the Owner reserves the right to disqualify the Contractor from payment for any costs and/or fees for the work performed.

Z. Term of Performance. The Contractor must complete these Services within the term of performance stipulated in the Notice to Proceed. The term of performance shall commence upon the date of the Notice to Proceed. At its sole discretion, the Owner reserves the right to extend the term of performance at any time.

III. PRE-DEMOLITION DUE DILIGENCE

A. Documentation/Information Review. The Contractor must thoroughly review all available documentation and information associated with the assigned site(s).

This includes but is not limited to the engineering survey report(s), the hazardous/regulated materials survey report(s), and the PAV(s). The Contractor must immediately communicate any errors, omissions, deficiencies, or discrepancies with the documents to the Owner and the consultant who prepared the document(s) as directed.

B. Pre-Demolition Site Visit. Prior to mobilization for demolition, the Contractor must visit the assigned site(s) to:

a. Conduct a Pre-Demolition Inspection. Using visual observation, the

Contractor must thoroughly inspect the assigned site(s) to verify that all safely accessible hazardous/regulated materials (including asbestos-containing materials) were abated or removed from the site.

The Contractor must compare the results of their visual inspection with the type, quantity, and location of hazardous/regulated materials identified in the survey report(s) and the PAV(s). The Contractor must immediately report any errors, omissions, or deficiencies to the Owner and the consultant who prepared the document(s) as directed.

b. Identify Impediments to the Execution/Performance of Services. The Contractor must identify any impediments to the performance or execution of these Services, and the Contractor must notify the Owner of any impediments as directed. The Contractor must work with the Owner and/or any other relevant party to resolve the impediments to the greatest extent possible. Impediments may include, but are not limited to, occupants, collapsed/collapsing structural members, parked/abandoned vehicles, or flooded basements. To the greatest extent possible, the Contractor must provide a date- and time- stamped color photograph of any impediments to the execution of these Services.

c. Identification of a Consistent Water Source. The Contractor must identify the hydrant(s) to be used as a consistent water source to keep all materials adequately wet throughout the demolition and debris removal process.

The Contractor must ensure that the hydrant(s) function properly, and the Contractor must report any non-functioning hydrants to the Owner as directed. If the Contractor cannot locate a functioning hydrant or chooses not to use a hydrant, then the Contractor must identify an alternate water source (i.e. water truck) that can keep all materials adequately wet throughout the demolition and debris removal process.

d. Notify Neighbors. The Contractor must distribute Owner-provided public health and safety materials (door hangers) and conduct door-to-door notification to all occupied structures within four hundred (400) feet of the assigned site(s) within one (1) calendar day of the Notice to Proceed. The Contractor must ensure that the door hanger is securely hung from the door knob/handle or securely affixed to the door in manner that does not damage the door.

e. Installation and Maintenance of Fencing. The Contractor must install a six-foot (6’) chain link fence around the perimeter of the work area within three (3) calendar days of the Notice to Proceed. Panel fencing is expressly prohibited. The Contractor must install the fence and the gate in accordance with manufacturer instructions and applicable industry standards/specifications. The fence must meet the following specifications:

i. Corner/Terminal Posts. Three inch (3”) diameter, SS 40;

ii. Line Posts. Two and a half inch (2.5”) diameter, SS 40;

iii. Corner/Terminal and Line Plates. Six inch (6”) by six inch (6”) by one-quarter inch (1/4”) plate secured by one-half inch (1/2”) by three and three-quarter inch (3-3/4”) wedge bolts;

iv. Gate Posts. Six and five-eighth inch (6-5/8”) diameter, SS 40.

v. Gate Plates. Twelve inch (12”) by twelve inch (12”) by one-quarter inch (1/4”) plate secured by one-half inch (1/2”) by three and three-quarter inch (3-3/4”) wedge bolts;

vi. Fabric. Nine gauge - two inch (2”);

vii. Gate. At least one gate of sufficient width to allow access for heavy equipment. Secure the gate with a chain and a padlock;

viii. Signage/Poster. Securely attach one Owner-provided lawn sign per fifty linear feet (50’) of fencing, and securely attach one Owner-provided demolition poster and one company sign on each side of the fence that faces a public right-of-way. The company sign must measure no less than three feet (3’) by two feet (2’) and provide a telephone number for the company. The Contractor must ensure that all signage is plainly visible from the public right-of-way, and the Contractor must take date- and time-stamped color photographs of all signage attached to the fencing. If any of the signage is damaged or missing, the Contractor must replace the signage as soon as possible, and the Contractor must take new date- and time-stamped color photographs every time a new sign or poster is placed on the assigned site(s). The Contractor is not entitled to any upward adjustment in price/cost or any additional fee for the replacement of any signage on the assigned site(s).

The Contractor must regularly inspect and maintain the fencing until all backfill is complete, and the Contractor must make repairs to or replace the fencing within twenty-four hours of request by the Owner.

IV. DEMOLITION AND DEBRIS REMOVAL, TRANSPORT, & DISPOSAL

A. Specific Qualifications/Credentials for Demolition Personnel. The Contractor must ensure that the following personnel assigned to every demolition site possess the required qualifications/credentials:

a. Field Supervisors. The Field Supervisor for every assigned site must have completed the Occupational Safety and Health Administration Lead Awareness Training for Construction within the last twelve (12) months.

b. Operator or Laborer. No less than one person (operator or laborer) on every assigned site must possess one of the following qualifications/credentials:

i. Attended a workshop on asbestos and lead awareness presented by the Michigan Occupational Safety and Health Administration

(MIOSHA);

ii. Accreditation as an asbestos abatement contractor or supervisor from the State of Michigan;

iii. Accreditation as an asbestos abatement worker from the State of Michigan;

iv. Accreditation as an asbestos inspector from the State of Michigan.

B. Specific Protections for Adjacent, Occupied Structures Prior to Demolition. Prior to the commencement of demolition, the Contractor must visually inspect the exterior of any occupied structures immediately adjacent to the assigned site(s) for any open windows or doors. The Contractor must attempt to contact an occupant of the adjacent structure(s) and politely request that the occupant close all open windows or doors as soon as possible.

If the Contractor is unable to contact an occupant of the adjacent structure or if the occupant is unable to securely close any open window or door on the first floor of the structure which faces the assigned site, then the Contractor must make a reasonable and good faith effort to cover any open first-floor window or door on the side of the structure which faces the assigned site. The Contractor must cover the open window or door with a material that will prevent fugitive dust from entering the structure. The Contractor must exercise all necessary care to ensure that the structure is not damaged by the installation of the material. The

Contractor is responsible for any damage resulting from the installation of the material, and the Contractor must repair or replace any damage at the Contractor’s expense.

For any covered openings, the Contractor must take date- and time-stamped color photographs of any open windows or doors before AND after the installation of the material

The Contractor is exempt from the requirement to cover any open windows or doors only if the Owner has informed the Contractor in writing that the occupant has opted out of this requirement.

C. Protection of Children Around the Demolition Site(s). The Contractor must make a reasonable and good faith effort to politely request that any child who appears to be under the age of twelve (12) and who appears to loiter around the demolition site stay inside during the demolition and debris removal. If any child refuses to stay inside during the demolition and load-out of all debris, then the Contractor must contact the Owner as directed.

D. Observance of Wind Conditions. The Contractor must observe wind conditions prior to the start of demolition and throughout the demolition process. When sustained wind speeds or gusts exceed twenty miles per hour (20 mph), the Contractor may not start the demolition on any assigned site(s). If the Contractor has already started demolition on an assigned site when sustained wind speeds or gusts exceed 20 mph, the Contractor must bring the structure or structural component to the ground and then stop demolition activities until the sustained wind speeds or gusts fall below 20 mph. At its sole discretion, the Owner reserves the right to stop demolition activities when sustained wind speeds or gusts exceed or are expected to exceed 20 mph. The Contractor is not entitled to an upward adjustment in price/cost or any additional fee due to a wind-related stoppage.

E. Removal of the Meter Interface Unit (MIU) and/or the Water Meter. The

Contractor must disconnect and remove the MIU and/or the water meter, and the Contractor must return the MIU and/or the water meter to the City as directed.

F. Class I Demolition Protocols. The Contractor must demolish any inaccessible structure or structural component as if that structure or structural component contains class I asbestos-containing materials regardless of whether or not all class I asbestos-containing materials identified on site were abated prior to demolition.

G. Set-up of Wetting and Dust Control Equipment. Prior to the start of demolition and debris removal, the Contractor must connect at least two (2) intact hoses with misting nozzles or other dust suppression equipment to the water source(s).

When the Contractor uses a hydrant, the Contractor must use an approved backflow preventer, hydrant wrench(es), drain caps, etc., and the Contractor must properly condition every hydrant after each use as directed by the Owner.

The Contractor must use hose ramps to cover any part of the hose(s) that may come into contact with a vehicle or equipment. The Owner reserves the right to require additional ramps if there is any length of a hose that may come into contact with a vehicle or equipment.

H. Wetting Prior to Demolition. The Contractor must thoroughly wet the structure immediately prior to the start of demolition for no less than five (5) minutes.

When directed by the Owner, the Contractor must use an excavator to punch two

(2) holes near opposite ends of the roof. The Contractor must then back the excavator away from the structure and direct water into and around the roof openings. The Owner reserves the right to require additional wetting at its sole discretion, and the Contractor is not entitled to an upward adjustment to any price/cost or any additional fee for wetting materials prior to demolition.

I. Frequency and Duration of Wetting. The Contractor must keep all structures and building materials and components adequately wet throughout the demolition process, including the debris removal, transport, and disposal. This includes the removal of both building material (i.e. “wood debris”) and “hard fill” material such as foundations/footings and concrete slabs. The Owner reserves the right to require additional wetting of any building materials or components at its sole discretion, and the Contractor is not entitled to an upward adjustment to any price/cost or any additional fee for wetting building materials or components throughout the demolition process.

a. Complaints of Fugitive Dust. If the demolition generates excessive fugitive dust, the Contractor must immediately stop the demolition or debris removal activities and thoroughly wet the building materials or components prior to resuming activity on the assigned site(s).

b. Exceptions to the Wetting Requirements. The Contractor may reduce the frequency and duration of wetting in either scenario below if there are minimal emissions of fugitive dust. However, neither scenario absolves the Contractor of compliance with the “Wetting Prior to Demolition” requirements.

i. Precipitation. The Contractor may reduce the frequency and duration of wetting in the event of sustained precipitation during demolition or debris removal.

ii. Freezing Temperatures. The Contractor may reduce the frequency and duration of wetting if temperatures fall below twenty degrees Fahrenheit (20o F). During any freezing temperatures, the Contractor must keep a thermometer on site and record the ambient air temperature at the beginning, middle, and end of the work day. As necessary, the Contractor must employ an appropriate mixture of water and commercially available suppressing agents that comply with the most current version of the state “Guidelines for Selecting Dust Suppressants to Control Dust and Prevent Soil Erosion.” Furthermore, Contractors must spread adequate salt on any sidewalks, streets, or alleyways that become wet during freezing temperatures.

J. General Demolition Requirements.

a. Acceptable Methods. Except for situations in which hand wrecking is necessary to protect persons from harm or protect infrastructure or surrounding properties from damage, the Contractor must mechanically wreck structures with an excavator in a manner that avoids the free fall of building materials and components.

b. Prohibited Activities. The following activities are prohibited during demolition:

i. On-site storage of materials and / or equipment earlier than forty-eight hours prior to demolition or later than forty-eight hours after the application of seed;

ii. On-site sale of any equipment, materials, or goods;

iii. Use of explosives, incendiary pyrotechnics, or other similar devices;

iv. Intentional burning of any structure or debris;

v. On-site crushing of concrete, bricks, or any other masonry materials.

c. Above-grade Building Materials and Components. Once demolition has started, the Contractor may not leave any structure in a condition or state where any portion of the structure could collapse or fall onto another property. The Contractor must safely bring all above-grade building materials and components to the ground, and the Contractor must remove and dispose of all building materials and components.

d. Drums/Containers/Above-ground Storage Tanks (ASTs). The Contractor must properly purge, remove, transport, and dispose of any drums, containers, and/or ASTs. This includes cleaning (if necessary) the drums/containers/ASTs and any associated piping, pumps, or appurtenances, and this also includes the removal, transport, and disposal of any associated base, pad, support/bracing system, piping, pumps, or appurtenances.

e. Sub-surface Components/Elements. Unless otherwise directed by the Owner, the Contractor must completely break up and remove all sub-surface structural components. This includes but is not limited to basement walls, basement floors, foundations, and footings.

Unless otherwise directed by the Owner, the Contractor must completely dismantle and remove any pit(s) or other sub-surface element on the assigned site(s). This includes any walls, floor, piping, and surrounding soils.

At its sole discretion, the Owner reserves the right to require the Contractor to break up or crack the base of any sub-surface component or element that will remain on the assigned site(s).

If the Contractor encounters an underground storage tank, stained/impacted soils, pooled liquids with noticeable discoloration or odor, or any other potentially hazardous condition while performing sub-surface work, the Contractor must immediately stop work in the area around the discovery and notify the Owner as directed. The Contractor must resume work when notified by the Owner.

f. Asphalt, Gravel, and/or Concrete Slabs on Grade. Unless otherwise directed by the Owner, the Contractor must break up and remove asphalt, gravel, and/or concrete slabs on grade. If the Contractor encounters a shared driveway, the Contractor must immediately contact the Owner as directed for clarification and guidance as to which surfaces may remain.

At its sole discretion, the Owner reserves the right to require the Contractor to break up or crack any surface/grade element that will remain on the assigned site(s).

g. Vegetation, Brush, and Other Debris. Unless otherwise directed by the

Owner, the Contractor must clear all vegetation, brush, and other debris from the assigned site(s). This includes but is not limited to dead/fallen trees, trees growing through hard surfaces, logs, unsatisfactory soil/material piles, tires, and illegally dumped debris.

i. Removal of Tires. The Contractor must properly remove, transport, and recycle or dispose of tires in accordance with all applicable laws, regulations, and rules.

ii. Protection of Live Trees. The Contractor must make a reasonable and good faith effort to protect live trees that are six inches (6”) or more in diameter at four feet in height and that are located ten feet (10’) or more from any structure on the assigned site(s).

iii. Cleaning of the Alley. The Contractor must remove and dispose of any and all vegetation and other debris located in the first ten feet (10’) into any alleyway adjacent to the assigned site(s)

h. Pests or Other Nuisance Animals. If the Contractor discovers that the demolition causes a migration of pests (i.e. rats or cockroaches) or other nuisance animals through a neighborhood, the Contractor must immediately contact the Owner as directed.

K. Installation and Maintenance of a Safety Barrier. At any time prior to backfill when an excavation or a void greater than three feet (3’) in depth is left unattended on an assigned site, the Contractor must install and maintain a four-feet (4’) tall safety barrier around the entirety of any open hole when possible.

The Contractor must install the safety barrier using commercially-available wooden or metal stakes approximately three feet (3’) away from the open hole on all sides. The Contractor must drive all stakes to a depth of approximately two feet (2’) below grade with a minimum of four feet (4’) of stake above grade. For spans in excess of twenty feet (20’), the Contractor must have (an) interstitial stake(s) equidistant from the other stakes.

The safety barrier must be constructed of orange high-density polyethylene material with 1.75” by 1.75” mesh equal to Tenax Guardian Warning Barrier, and the Contractor must securely attach the safety barrier to each stake using durable cable ties at no less than four (4) locations spaced evenly along the length of each stake. The finished installation must yield a taught, secure enclosure with no noticeable sagging, and the Contractor must take a date- and time-stamped color photograph of the installed safety barrier.

The Contractor must regularly inspect and maintain the safety barrier, and the Contractor must make any corrections or repairs to the safety barrier within twenty-four (24) hours of request by the Owner.

L. Property of the Contractor. All debris, including any materials illegally dumped on the site prior to or during the demolition or debris removal, becomes the property of the Contractor, and the Contractor is responsible for the proper removal, transport, and disposal of all materials.

M. Coordination of Proper Transport and Disposal. The Contractor must coordinate the transport and disposal of all debris from the assigned site(s). This includes but is not limited to all necessary approvals for such transport and disposal. The Contractor must remove, transport, and dispose of all debris as asbestos-containing waste material. All debris must go to a licensed Type II landfill.

N. Exposing and Capping of Sewer Lines. Following the removal of the foundation and footings, the Contractor must ensure that the sewer lateral to the assigned site(s) is clearly visible and properly capped near the footprint of the structure by placing a concrete bulkhead in the line. The Contractor is prohibited from capping the lateral at or near the main sewer line.

O. Request for Open Hole Inspection. Following the removal of all debris from the assigned site(s) and the capping of the sewer lateral, the Contractor must request an Open Hole Inspection from the City of Detroit Buildings Safety, Engineering, and Environment Department (BSEED) as directed by the Owner.

P. Time Frame for Demolition, Debris Removal, and Open Hole Approval. The Contractor must remove all debris, expose and cap the sewer lateral, and receive Open Hole approval within the time frame stipulated in the Notice to Proceed.

V. BACKFILL AND GRADING

A. General Backfill Materials Requirements. The Contractor must use backfill materials from sources approved by the Owner, and the Contractor must receive source approval prior to backfill of any assigned site(s). The materials must meet the following requirements:

a. Part 201 Residential Cleanup Criteria. For any constituent of concern, all backfill materials must fall within the state residential cleanup criteria.

However, at its sole discretion, the Owner may allow materials which contain concentrations of certain metals in exceedance of the state residential cleanup criteria so long as those concentrations fall within the glacial lobe background levels and an Environmental Professional has provided a reasoned explanation for such concentrations.

b. Physical Characteristics and Composition.

i. Backfill Materials Below 12” of Grade. All backfill materials below twelve inches (12”) of grade must consist of crumbling yellow clay, sand, or loam. However, the clay content cannot exceed 35% of the materials, and blue and grey clay are expressly prohibited as backfill. If questions arise as to the clay content of the fill material, then the Contractor must provide documentation approved by the Owner that evidences the clay content at the Contractor’s expense.

Source approval by the Owner does not absolve the Contractor of compliance with these requirements.

The Contractor may use residual broken or crushed rocks, concrete, bricks, blocks, or other masonry material as fill material for any void or excavation greater than three feet (3’) in depth so long as the materials are no larger than eight inches (8”) in diameter and the materials are free from contamination (i.e. paint, stain, mastic, etc.).

ii. Backfill Materials Within 12” of Grade. All backfill materials within twelve inches (12”) of grade must consist of sand or loam (no clay), and the materials must be completely free of pulverized or crushed building materials, construction debris, brush, and any other undesirable material. Backfill materials must have an organic content greater than ten percent (10%), but less than twenty-five percent (25%).

B. Submittal of Backfill Information and Documentation. The Contractor must provide all required information and documentation to the Owner in a form and manner as directed. The Owner reserves the right to withhold approval of or deny any proposed backfill source with incomplete information or documentation, and the Owner shall have the final determination as to the completeness of the information and documentation.

C. General Backfill Requirements. Following Open Hole approval, the Contractor must fill all holes or voids which result from the demolition and removal of any structure, improvement, or appurtenance on the assigned site(s), and the Contractor must apply sufficient backfill materials so that the assigned site(s) are comparably level with the adjacent property(ies). The Contractor must appropriately compact all backfill material to avoid any excessive settling, sinkholes, or other unwanted depressions.

D. Owner’s Right to Question or Reject Backfill Materials. The Owner may inspect fill materials at any time, including materials that are loaded in trailers awaiting off-loading onto an assigned site. The Owner reserves the right to direct the Contractor to sample and analyze any backfill materials that the Owner reasonably suspects violate the requirements of this Scope of Services, and the Contractor must sample and analyze those materials as directed by the Owner at the Contractor’s expense.

Furthermore, the Owner reserves the right to reject backfill materials for any violation or suspected violation of this Scope of Services, and the Contractor must remove and dispose of those materials as directed by the Owner at the Contractor’s expense. Following removal and disposal of the unacceptable materials, the Contractor must provide new backfill materials at the Contractor’s expense.

E. General Grading Requirements. The Contractor must uniformly grade the site to conform to any adjoining sidewalks, alleys, and properties, and the Contractor must comply with any directives or guidance provided by BSEED or any other City agency. The Contractor must grade the assigned site(s) in a manner which prevents both excessive run-off and pooling/ponding of water.

F. Request for Winter or Final Grade Inspection. Following the backfill and grading of the assigned site(s), the Contractor must request a Winter or Final Grade Inspection (as applicable) from BSEED as directed by the Owner.

G. Time Frame for Backfill, Grade, and Grade Approval. The Contractor must backfill, grade, and receive a Winter or Final Grade approval (as applicable) for the assigned site(s) within the time frame stipulated in the Notice to Proceed.

VI. SITE FINALIZATION

A. Sidewalk Replacement. At the Contractor’s expense, the Contractor must replace the entirety of any sidewalk flag that was cracked, heaved, or otherwise damaged during the course of these Services. The Contractor must replace sidewalks in accordance with the specifications of the jurisdiction with authority (City of Detroit, Wayne County or State of Michigan).

B. Seeding and the Establishment of Turf. Following Final Grade approval, the Contractor must seed the entirety of the assigned site(s) with a “no mow” seed comprised of 100% dutch white clover, and the Contractor must apply the seed in accordance with the manufacturer’s specifications or recommendations. The Contractor may use an alternate seed with written approval by the Owner. The Contractor must mitigate wind interference and seed dispersion, and the Contractor must ensure that the seed holds sufficient moisture to germinate and establish turf. This may include, but is not limited to, the use of straw, seed blankets, or hydroseed.

VII. COMPENSATION

A. Pre-Invoice Review. Prior to submitting any invoice, the Contractor must submit a request to the Owner to review the associated data and documentation that evidences satisfactory completion of the Services for which a payment request will be submitted. The Contractor must submit the request in a form and manner prescribed by the Owner, and the Contractor must complete the pre-invoice review process within the time frame stipulated in the Notice to Proceed.

B. Request for Payment. The Contractor must submit all requests for payment in the form and manner prescribed by the Owner. The request for payment must include all supporting documentation required or requested by the Owner.

Payment for each assigned site is based upon (a) the Owner-approved prices and

(b) the review and approval of all necessary data and documentation that substantiates satisfactory completion of these Services.

C. Withholding Payment. The Owner reserves the right to withhold any payment amount in part or in whole until all work is completed in accordance with these Services as determined by the Owner.

Furthermore, the Owner reserves the right to withhold any payment in an amount equivalent to the costs incurred for the correction of any errors, oversights, or deficiencies on the part of the Contractor. The Owner also reserves the right to withhold any payment in an amount equivalent to costs incurred for the repair or replacement of any damage caused by the Contractor, and finally, the Owner reserves the right to withhold any payment in an amount equivalent to costs incurred for the correction of any hazardous condition, undue disturbance, or nuisance caused by the Contractor.

D. Adjustments in Price. At its sole discretion, the Owner reserves the right to adjust the price for any assigned site based upon the receipt and review of all necessary information and documentation.

The Contractor must submit a request for an adjustment to an approved price for each assigned site in the form and manner directed by the Owner. The start of any work related to the price adjustment at an assigned site prior to formal notification by the Owner may disqualify the Contractor from reimbursement/payment for those costs or fees.