Scope of Services_Fill Removal and Replacement_1.14.2026 (7) (5).pdf

CITY OF DETROIT DEMOLITION PROGRAM

SCOPE OF SERVICES

REMOVAL AND REPLACEMENT OF FILL MATERIAL

Date: January 14, 2026

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 removal and replacement of fill material.

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 notify the Owner of any activity scheduled to take place by 3pm EST the prior business day.

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. An Owner’s representative must be on site for the execution of Sections IV and V of this Scope. This includes, but is not limited to, material excavation and loading, replacement material drop-off, backfill, and grading.

Furthermore, the Contractor must allow any representative of an investigative/enforcement agency or regulatory authority to monitor or inspect all work covered under this Plan 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 reimbursement for any additional cost(s) or fee(s) 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. 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.

M. 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.

N. 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.

O. 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.

P. 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).

Q. 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.

R. 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.

S. 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.

T. 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.

U. Shut-off and Disconnection of Water Service. If the Contractor discovers that the service line is leaking into the excavation, the Contractor must take all necessary measures to 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.

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.

W. Term of Performance. The term of performance shall commence upon the date of the Notice to Proceed. The Contractor must mobilize to commence excavation within seven

(7) calendar days of receipt 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-MOBILIZATION DUE DILIGENCE

A. Documentation/Information Review. The Contractor must thoroughly review all available documentation and information associated with the assigned site(s). This may include, but is not limited to, the hazardous/regulated materials survey report(s), fill material sampling and analytical reports, and fill material load tickets. The Contractor must immediately communicate any errors, omissions, deficiencies, or discrepancies with the documents to the Owner as directed.

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

a. 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, parked/abandoned vehicles, fallen power line, or fallen trees. 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.

The Contractor is not entitled to reimbursement for any additional cost(s) or fee(s) due to a delay caused by an impediment to these services.

b. Notify Neighbors. No sooner than fourteen (14) calendar days and no later than three (3) calendar days prior to the start of excavation, the Contractor must distribute Owner-provided materials and conduct door-to-door notification to all occupied structures within four hundred (400) feet of the assigned site(s). The Contractor must ensure that the material is either placed in a mailbox or securely affixed to the door in manner that does not damage the door.

IV. FILL MATERIAL REMOVAL, TRANSPORT, & DISPOSAL

A. Protection of Children Around the Excavation 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 excavation site stay away from the work area. If any child refuses to stay away from the work area, then the Contractor must contact the Owner as directed.

B. General Excavation Requirements.

a. Acceptable Methods. The Contractor must use an excavator to mechanically excavate and immediately load fill material on the assigned site.

b. Prohibited Activities. The Contractor is prohibited from on-site storage of equipment earlier than forty-eight hours prior to excavation or later than forty-eight hours after the application of seed;

C. 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 assigned site(s).

This includes but is not limited to dead/fallen trees, logs, and illegally dumped debris.

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

b. 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 which are located ten feet (10’) or more from the principal structure.

c. 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)

D. Installation and Maintenance of a Safety Barrier. At any time prior to backfill when a material pile or an excavation 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 debris pile or open hole. 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 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 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.

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

F. Coordination of and Proper Transport and Disposal. The Contractor must coordinate the transport and disposal of all fill material and 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 fill material and debris to a licensed Type II landfill unless otherwise required to dispose of the fill material at an alternate facility based upon the results of any sampling..

G. Ramp Out of Excavation. The Contractor must create a scalable, earthen ramp out of an excavation greater than three feet (3’) in depth on an assigned site that may be left unattended for any period of time.

The base of the slope must begin at the floor of the excavation, and the slope must rise outside the footprint of the structure to allow for the open hole inspection. The slope of the ramp may not exceed thirty-four degrees (34o) or one foot (1’) of rise for each one and a half feet (1.5’) of run, and the ramp must be greater than or equal to two feet (2’) in width.

The Contractor must ensure that the slope and the sides of the ramp are stable, and the Contractor must ensure that the ramp is unobstructed by any debris, large rocks, or any other materials.

H. Exposing and Capping of Sewer Lines. Following the removal of the fill material, the

Contractor must ensure that the sewer lateral to the assigned site(s) is clearly visible and properly capped near the footprint of the former structure. If the sewer lateral is not properly capped, the Contractor must place a concrete bulkhead in the line. The Contractor is prohibited from capping the lateral at or near the main sewer line.

I. Request for Open Hole Inspection. Following the removal of all fill material and debris from the assigned site(s) and the capping of the sewer lateral (if necessary), 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.

J. Time Frame for Material Removal and Request for Open Hole Inspection. The Contractor must remove all fill material and debris, expose and (if necessary) cap the sewer lateral, and request an Open Hole Inspection no later than one (1) calendar day from the start of excavation.

K. Right to Request Additional Excavation, Removal, Transport, and Disposal. The City reserves the right to request and the Contractor must provide additional excavation, removal, transport, and disposal services.

V. BACKFILL AND GRADING

A. Notice to Proceed with Backfill. The Contractor may not commence with the backfill of an assigned site until the Owner has provided a separate Notice to Proceed for the backfill.

B. General Backfill Materials Requirements. The Contractor must use backfill materials from sources approved by the Owner. At its sole discretion, the City reserves the right to approve new sources and/or rescind approval of existing sources at any time. The rescission of an approved source shall not entitle the contractor to any upward adjustment in price/cost. The City will notify contractors of any changes in approved sources in a form and manner convenient to the City. The Contractor assumes all responsibility for ensuring that fill material is acquired and transported from an approved source as of the delivery date of the material. 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%).

C. 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.

D. General Backfill Requirements. Following Open Hole approval, the Contractor must fill all holes or voids which result from site work, 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.

E. 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.

F. 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.

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

H. Time Frame for Backfill, Grade, and Request for Inspection. The Contractor must backfill, grade, and request a Winter or Final Grade Inspection (as applicable) for each and every assigned site no later than fourteen (14) calendar days from the date of the Notice to Proceed with backfill.

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. Time Frame for Sidewalk Replacement. For all properties final grade approved between April 16th and September 15th, the Contractor must request a pour inspection for each and every assigned site no later than thirty (45) calendar days from Final Grade Approval.

For all properties winter or final grade approved between September 16th and April 15th, the Contractor must request a pour inspection for each and every assigned site no later than August 31st.

C. 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.

B. Time Frame for Pre-Invoice Review. The Contractor must submit all data and documentation for pre-invoice review within thirty (30) calendar days of either the “pour approval date” or the “no replacement required” date.

C. 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.