Scope of Services EMG Porches 05.13.2024 (2) (2) (1) (1).pdf

CITY OF DETROIT DEMOLITION PROGRAM

SCOPE OF SERVICES

REMOVAL, TRANSPORT, AND DISPOSAL OF COLLAPSED/COLLAPSING

RESIDENTIAL PORCHES

Date: May 13, 2024

I. INTRODUCTION

A. Intent. As directed by the City of Detroit (hereafter “Owner”), this Scope of Services (hereafter “Services”) is intended to improve neighborhoods and the quality of life for Detroiters through the removal, transport, and disposal of collapsed/collapsing residential porches.

B. Revisions to this Scope of Services. The Owner reserves the right to revise these Services over time to maximize efficiency, mitigate potential hazards to public health and safety, and minimize disturbances and nuisances 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 Owner reserves the right to deduct cost(s) 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. The Project Manager must be available twenty-four hours per day and seven days per week. If the Project Manager is absent, the Contractor must assign a designee who has the same power and authority as the Project Manager for the entire duration of the Project Manager’s absence.

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 or best practices. Personnel must also possess the necessary experience to execute these services efficiently, effectively, and safely as required by all applicable laws, regulations, rules, or industry standards or best practices.

Upon request, 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.

C. Professional Conduct and Appearance. 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.

The Contractor must also maintain a professional appearance in the execution or performance of these Services. This includes but is not limited to company-issued clothing, personal protection equipment, or identification that clearly displays the Contractor and/or employee name.

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. The Contractor must interpret equipment and materials in the broadest sense to include vehicles, trailers, containers, tools, personal protection equipment, parts, components, and all other equipment or materials necessary for the performance or execution of these services.

Equipment and materials must meet or exceed the requirements set forth in any applicable law, regulation, rule, or industry standard or best practice.

Upon request, the Contractor shall provide the Owner or any enforcement agency or regulatory authority with copies of any available information and/or documentation on the equipment or materials used in the performance or execution of these Services.

F. Permits. The Contractor must obtain all necessary permits to perform or execute the work specified in 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 records/documents, including photographs, associated with these Services.

The Contractor shall 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 shall provide any records/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. The Contractor must ensure that every record/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 of request as determined by the requesting party.

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 which 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 all activities covered under 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 communicate in writing any guidance from an enforcement agency or regulatory authority to the Owner. If the guidance is governed by any applicable confidentiality rules or laws, then the Contractor must immediately communicate that guidance 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 any aspect 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.

A work stoppage by the Owner shall not entitle the Contractor to reimbursement for any costs or any additional fee incurred during the stoppage.

K. Compliance with all Applicable Laws, Regulations, Authorities, and Rules and Industry Standards or Best Practices. The Contractor must perform or execute these Services in compliance with all applicable federal, state, and local laws, regulations, authorities, and rules and industry standards or best practices. The Contractor must ensure that all assigned personnel possess working knowledge of all applicable federal, state, and local laws, regulations, authorities, and rules and industry standards or best practices.

L. Additional Notification Requirements. All notifications, whether initial or revised, must include all supporting documentation. Documentation may include but is not limited to:

a. The order issued by the Buildings Safety, Engineering, and Environmental Department (BSEED);

b. Photos of the building materials/components.

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

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.

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),identify the parcel boundaries, and identify the specific porch material to be removed and transported for disposal. The Contractor must utilize all available resources (i.e. photos, aerial images, etc.) to ensure that activities target the correct site(s) and specific material to be removed and transported. If questions arise as to which property/site is assigned or what to remove and transport for disposal, the Contractor must immediately contact the Owner for clarification and hold all Services for that site until clarification is received. 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 all damage resulting from work which is 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 work area for each site is limited to the parcel boundaries.

At no time is the Contractor allowed to use a(n) adjacent or 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 and all damage or nuisance 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 and 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 to avoid 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 reimbursement for any additional cost(s) or fee(s) 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 correct any such hazardous condition, undue disturbance, or nuisance that may adversely affect surrounding persons or property at the Contractor’s expense.

V. 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 prior to the executed Agreement or the Notice to Proceed.

W. Term of Performance. The Contractor must complete the Services within the term of performance indicated in the table attached to the Notice to Proceed. At its sole discretion, the Owner reserves the right to extend the term of performance at any time.

The term of performance will commence upon the date of the Notice to Proceed.

III. PRE-MOBILIZATION DUE DILIGENCE

A. Documentation/Information Review. The Contractor must review all available documentation and information on the assigned site.

B. Pre-Removal Site Visit(s). Prior to mobilization for removal, transport and disposal, the Contractor must visit the assigned site(s) to:

a. Conduct a Site Inspection. The Contractor must thoroughly inspect the assigned site(s) to understand the conditions under which they will perform or execute these Services.

b. Identify Impediments to the Execution/Performance of Services. The Contractor must identify any impediments to the execution or performance of these Services, and the Contractor must notify the Owner as directed. The Contractor must work with the Owner or relevant party to resolve the impediments to the greatest extent possible. Impediments may include but are not limited to occupants, down power lines, or parked/abandoned vehicles. 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. Identify a 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 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.

IV. PORCH DEBRIS REMOVAL, TRANSPORT, & DISPOSAL

A. Specific Qualifications/Credentials for Personnel. The Contractor must ensure that the following personnel assigned to every 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. A certificate of accreditation as an asbestos abatement contractor or supervisor from MIOSHA;

iii. A certificate of accreditation as an asbestos abatement worker from

MIOSHA;

iv. A certificate of accreditation as an asbestos inspector from MIOSHA

B. Specific Protections for Occupied, Adjacent Structures Prior to Debris Removal. Prior to the start of work, 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 any 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 which 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 Assigned 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 assigned site stay inside during the debris removal. If any child refuses to stay inside during the removal 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 work and throughout the debris removal process. When sustained wind speeds exceed twenty miles per hour (20 mph), the Contractor may not start the work on any assigned site(s). If the Contractor has already started demolition on an assigned site when sustained wind speeds exceed 20 mph, then the Contractor must bring the debris to the ground and then stop activities until the sustained wind speed falls below 20 mph.

At its sole discretion, the Owner reserves the right to stop activities when sustained wind speeds exceed or are expected to exceed 20 mph. The Contractor is not entitled to reimbursement for any additional cost(s) or fee(s) resulting from a wind-related stoppage.

E. Class I Protocols. The Contractor must remove all debris as if it contains class I asbestos-containing materials.

F. Set-up of Wetting and Dust Control Equipment. Prior to the start of debris removal, the Contractor must connect an intact hose with misting nozzles to the water source(s). If the Contractor uses a hydrant, then 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.

G. Wetting Prior to Activities. The Contractor must adequately wet the materials and components to be removed prior to the start of work. At its sole discretion, the Owner reserves the right to require additional wetting prior to the start of work, and the Contractor is not entitled to any upward adjustment in price or any additional fee because of additional wetting prior to the start of work.

H. Frequency and Duration of Wetting. The Contractor must keep all materials and components to be removed adequately wet throughout the process, including debris removal, transport, and disposal. At its sole discretion, the Owner reserves the right to require additional wetting throughout the process, and the Contractor is not entitled to any upward adjustment in price or any additional fee because of additional wetting throughout the demolition process.

I. General Removal Requirements.

a. Acceptable Methods. Except for situations in which hand-removal is necessary to protect persons from harm or protect infrastructure or surrounding properties from damage, the Contractor must use heavy equipment with the necessary and appropriate attachments to mechanically remove the select porch materials and/or components in a manner that avoids free fall, but also minimizes damage to the structure.

b. Prohibited Activities. The following activities are prohibited during removal, transport, and disposal:

i. On-site storage or sale of materials and / or equipment earlier than forty-eight hours prior to the start of work or later than forty-eight hours after site finalization;

ii. Use of explosives;

iii. Intentional burning of any structure or debris;

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

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

d. Sub-surface Structural Components. The Contractor must not disturb any sub-surface structural components. The Contractor must leave all sub-surface structural components in place.

e. Asphalt, Gravel, and/or Concrete Slabs on Grade. The Contractor must not disturb or damage any asphalt, gravel, and/or concrete slabs on grade. The Contractor must leave all asphalt, gravel, and/or concrete slabs on grade in place.

f. Vegetation, Brush, and Other Debris. Unless otherwise directed in this Scope of

Services, the Contractor must clear all vegetation, brush, and other debris from the front of the assigned site(s). This includes but is not limited to dead/fallen trees, logs, 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 protect live trees which are six inches (6”) or more in diameter.

J. Installation and Maintenance of a Safety Barrier. If any debris is left unattended on an assigned site, the Contractor must install and maintain a four foot (4’) tall safety barrier around the entirety of any debris pile. The Contractor is prohibited from using an existing fence or surrounding structure as part of the safety barrier.

The Contractor must install the safety barrier using commercially-available wooden or metal stakes approximately three feet (3’) away from the debris pile or the open hole on all sides. The Contractor must ensure that all stakes are driven 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 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.

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

L. Covering Debris After Twenty-four Hours of Activity Start. If the Contractor is unable to load out the debris within twenty-four (24) hours of start, the Contractor must ensure that all materials are adequately wet, and the Contractor must completely cover the debris with high-density polyethylene sheeting/liner until the debris is loaded off the site and transported for disposal. The Contractor must adequately secure the sheeting/liner to prevent wind interference and mitigate against material dispersion and migration.

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 unless otherwise permitted in these Services. All debris must go to a licensed Type II landfill unless otherwise permitted in these Services.

V. SITE FINALIZATION

A. Sidewalk Replacement. At the Contractor’s expense, the Contractor must replace the entirety of any sidewalk flag which 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. Restoration of Grade, Seeding, and the Establishment of Turf. Following removal of all debris, the Contractor must restore the grade on the assigned site and seed any landscaped areas that were disturbed by these Services 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 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. The Contractor may use an alternate seed with written approval by the Owner.

VI. 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 work for which payment will be sought. The Contractor must submit the request in a form and manner prescribed by the Owner.

B. Request for Payment. The Contractor must submit all requests for payment in the form and manner prescribed by the Owner. Any 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 evidences satisfactory completion of the work for each assigned site.

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 related to the additional services proposed by the Contractor.

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