2025-028 (RFP) Willow Metropark Golf Course Pumphouse Upgrades.pdf

Huron-Clinton Metropolitan Authority (HCMA) Page 1 RFP #2025-028 Willow Metropark Golf Course Pumphouse Upgrades

Willow Metropark Golf Course Pumphouse Upgrades

(RFP 2025-028)

Issue Date: Thursday August 7th, 2025

Site Visit: Tuesday August 19th,2025, at 10am-11am

Question Deadline: Thursday August 21st, 2025, at 1pm

Direct any/all inquiries to Neil Eby (in writing via e-mail only)

Proposal Deadline: Thursday August 28th, 2025, at 1pm

Purchasing Contact:

Neil Eby, Purchasing Supervisor neil.eby@metroparks.com

(810) 494-6049

DESCRIPTION: The Huron-Clinton Metroparks (HCMA) is seeking sealed proposals from qualified vendors to design, supply, and install a complete pump station solution at Willow Metropark Golf Course, including the removal of 3 existing pumps and associated equipment.

Solicitation documents (including any/all Addenda issued by HCMA) must be downloaded from the BidNet Direct website (www.bidnetdirect.com). Bids must be uploaded through the BidNet Direct portal by the due date and time specified above. Bids will not be accepted via e-mail or hardcopy.

Bidders will need to register with BidNet Direct to access solicitation documents. BidNet Direct offers both free and paid vendor registration options. If you need assistance with registering, you can reach BidNet Direct vendor support at (800) 835-4603. Be sure to allow adequate time for the registration/bid uploading processes as late bids will not be accepted.

mailto:neil.eby@metroparks.com http://www.bidnetdirect.com/

Huron-Clinton Metropolitan Authority (HCMA) Page 2

INSTRUCTIONS

1. GENERALLY

A. All entities submitting a proposal in response to this Invitation for Bids or Request for Proposals (each a “Bidder” or collectively, the “Bidders”) must carefully read and thoroughly comply with these Instructions to Bidders, the Special Terms and Conditions, the Offer and Agreement Form, the Vendor Registration Sheet, and the Bidder Disclosure Statement (together, the “ITB/RFP”), the Huron-Clinton Metropolitan Authority Standard Terms and Conditions for Contracts for Services attached hereto as Exhibit A and made a part hereof (the “HCMA Standard Terms and Conditions form”), and any addendums to the ITB/RFP. The contractual agreement between HCMA and the Bidder (the “Contract”) shall consist of:

1. This ITB/RFP;

2. The Bidder’s proposal, including all attachments and accompanying documents;

3. The HCMA Standard Terms and Conditions form; and

4. Written orders for changes in the Bidder’s proposal issued after the execution of and in accordance with the

Contract.

B. Proposals shall include all applicable licensing, permitting, regulatory, import and other fees and costs applicable to the Contract.

C. The Bidder’s proposal shall not contain any condition purporting to limit the Bidder’s liability for damages, actual, consequential or otherwise, to the price of the contract, and any such condition shall be null, void, and of no force or effect.

D. The Bidder and its subcontractors shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, national origin, marital status or handicap. The Bidder shall take affirmative action to ensure that applicants are employed, and employees are treated during employment without regard to race, color, religion, sex, age, national origin, marital status or handicap. Such action shall include, but not be limited to, the following: employment, promotion, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection of training, including apprenticeship. Breach of this covenant may be regarded as a material breach of contract.

E. Bidder shall comply with all Federal, State, and municipal laws, rules and regulations in the performance of the contract and in the employment of persons and shall obtain all necessary licenses and permits and pay all fees, taxes and other charges required thereby, and furnish, upon the HCMA’s request, evidence of compliance with any law and the payment of any fee, tax or charge. Bidder will defend, indemnify and hold harmless the HCMA against any and all claims, charges, liens, garnishments and levies arising out of Bidder’s failure to comply as required by this paragraph.

2. BID SUBMISSION

A. Bids received after the day and time designated will not be accepted and will be returned to the Bidder that submitted the late bid.

B. All bids submitted in response to this invitation shall become the property of the HCMA and be a matter of public record available for review. Bidders are advised that after the date and time set for the opening of bids, all proposals and information submitted with their bid will constitute public records subject to disclosure under the Michigan Freedom of Information Act.

C. Solicitation documents (including any/all Addenda issued by HCMA) must be downloaded from the BidNet Direct website (www.bidnetdirect.com). Bids must be uploaded through the BidNet Direct portal by the due date and time specified on the cover page. Bidders will need to register with BidNet Direct to access solicitation documents. BidNet Direct offers both free and paid vendor registration options. If you need assistance with registering, you can reach BidNet Direct vendor support at (800) 835-4603. Be sure to allow adequate time for the registration/bid uploading processes as late bids will not be accepted.

E. Any alternate bids that are submitted may be considered in the sole discretion of HCMA.

F. Bids shall be submitted on the form included in the bidding documents, and shall be accompanied by a Cashier's Check, Certified Check or Bid Bond underwritten by a surety licensed in the State of Michigan, in the amount of five percent (5%) of the bid, as a guarantee that the successful bidder will enter into a contract.

G. Bidders are solely responsible for all costs to prepare their bid including (but not limited to) any site visits and engineering analysis.

http://www.bidnetdirect.com/

Huron-Clinton Metropolitan Authority (HCMA) Page 3

3. ADDITIONAL CONSIDERATION FOR BIDDERS: HCMA’s Board of Commissioners adopted changes to HCMA’s purchasing policy to include a local preference as well as bid/quote comparison discounts for vendors and contractors who have implemented a diversity, equity and inclusion plan and/or who pay all employees a living wage of $15 or more per hour. The local preference applies to vendors located with the five county Metroparks service region that includes Livingston, Macomb, Oakland, Washtenaw, and Wayne counties. Vendors do not have to be a local vendor to quality for other bid/quote comparison discounts. Bidders may qualify for these additional considerations by completing and submitting the VENDOR VERIFICATION FORM provided in this ITB/RFP. If a Bidder choose not to provide the information requested on the Form, they are asked to complete the bottom section of the Form to acknowledge that they have received and read the Form.

4. PREPARATION OF BIDS: The bid shall be signed on the OFFER AND AGREEMENT FORM page. Bidder shall include the full name and address of the Bidder on the VENDOR REGISTRATION SHEET. Bidder shall complete and submit the VENDOR VERIFICATION FORM either by providing information requested on the Form to qualify for additional consideration, or by completing the bottom section of the Form to acknowledge that they have received and read the Form. HCMA is exempt from Federal Excise and State Sales Taxes, and such taxes shall not be included in bid prices.

5. SIGNATURES: All bids, notifications, claims and statements must be signed by an individual authorized to bind the Bidder. Any individual signing a bid document certifies, under penalty of perjury, that he or she has the legal authorization to bind the Bidder.

6. REJECTION OR WITHDRAWAL: Submission of additional terms, conditions or agreements with the bid document is grounds for deeming a bid non-responsive and may result in bid rejection. The HCMA reserves the right to reject any or all bids, to decide whether to waive any informalities and minor irregularities defects in bids, and to negotiate with any bidder. Bids may be withdrawn by giving written notice to HCMA, attention Purchasing Department prior to the date and time set for bid opening. Bids are an irrevocable offer and may not be withdrawn within 90 days after the public opening date.

7. AWARD: Unless otherwise specified in this ITB/RFP, the HCMA reserves the right to accept a bid in whole or in part, and to award by item or by group, whichever is deemed to be in the best interest of the HCMA. Any Bidder who is in default to the HCMA at the time of submittal of the bid shall have his/her bid rejected. The HCMA reserves the right to clarify any contractual terms with the concurrence of the Bidder; however, any substantial non-conformity in the offer, as determined by the HCMA, shall be deemed non-responsive and the offer rejected.

In evaluating bids, the HCMA shall consider the qualifications of the Bidders, and where applicable, location, operating costs, delivery time, maintenance requirements, performance data, and guarantees of materials and equipment. In addition, the HCMA may conduct such investigations as HCMA deems necessary, including those to assist in the evaluation of a Bid and to establish the responsibility, qualifications and financial ability of the Bidders to fulfill the Contract.

8. CONTRACT: A response to an ITB/RFP is an offer to contract with the HCMA based upon the terms, conditions, and specifications contained in this ITB/RFP and the HCMA Standard Terms and Conditions form. All of the terms and conditions of the Contract are contained in the ITB/RFP unless any of the terms and conditions is modified by an ITB/RFP Amendment, a Contract Amendment, or by mutually agreed terms and conditions in the Contract documents.

9. CONTRACT COMPLIANCE/AFFIRMATIVE ACTION PROGRAM: The HCMA is committed to a Contract Compliance/Affirmative Action Program to ensure that all citizens have the opportunity for the equality of treatment in service and employment.

10. BID RESULTS: A bid tabulation will be published on BidNet Direct for review as soon as possible after the bid opening.

11. CHANGES AND ADDENDA TO BID DOCUMENTS: Every change or addendum issued in relation to the ITB/RFP document will be published on the BidNet Direct portal. It shall be the Bidder's responsibility to obtain any/all addenda issued. All such changes or addenda shall become part of the Contract and all Bidders shall be bound by such addenda.

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12. SPECIFICATIONS: Unless otherwise stated by the Bidder, the bid will be considered as being in accordance with the HCMA applicable standard specifications and any special specifications outlined in the Bid document.

References to a particular trade name, manufacturer's catalogue, or model number are made for descriptive purposes to guide the Bidder in interpreting the requirements of the HCMA and should not be construed as excluding bids on other types of materials, equipment and supplies. However, the Bidder, if awarded a Contract, will be required to furnish the particular item referred to in the specifications or description unless departure or substitution is clearly noted and described in the bid. The HCMA reserves the right to determine if equipment/product being bid is an acceptable alternate. All goods shall be new unless otherwise so stated in the bid. Any unsolicited alternate bid, or any changes, insertions, or omissions to the terms and conditions, specifications, or any other requirements of this bid, may be considered non-responsive. The HCMA reserves the right to disregard any conflicting terms and conditions submitted by the Bidder and hold the Bidder to the submitted bid price. The HCMA strongly discourages the submittal of anything that is not specifically requested in this solicitation.

13. DELIVERY: Bids shall include all charges for delivery, packing, crating, containers, and other shipping-related expenses. Prices bid will be considered as being based on F.O.B. Delivered, freight included, if applicable.

14. INTERPRETATION OF BID AND/OR CONTRACT DOCUMENTS: All inquiries shall be made within a reasonable time prior to the date and time fixed for the bid opening in order that a written response in the form of an addendum, if required, can be processed before the bids are opened. (Inquiries received that are not made in a timely fashion may or may not be considered).

15. CURRENCY: Prices calculated by the Bidder shall be stated in U.S. dollars.

16. PRICING: Prices shall be stated in units of quantity specified in the ITB/RFP Document. In case of discrepancy in computing the amount of the bid, the unit price bid will govern. Submitted bid prices shall be held firm for a minimum of 90 days from bid deadline.

17. NOTICE TO PROCEED/PURCHASE ORDER: The successful Bidder may not commence work under this Contract until authorized to do so by the HCMA Purchasing Department.

18. CERTIFICATION: By signature in the offer section of the Offer and Acceptance page, Bidder certifies:

A. The submission of the offer did not involve collusion or other anti-competitive practices.

B. The Bidder has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted offer.

C. The Bidder hereby certifies that the individual signing the bid is an authorized agent for the Bidder and has the authority to bind the Bidder to the Contract.

D. The Bidder hereby certifies that the firm will abide by the COPELAND ANTI-KICKBACK ACT, Title 18, U.S.C.

June 25, 1948, Section 874, and Kickbacks from Public Employees.

E. The Bidder shall be deemed to have certified that it is not an “Iran-Linked Business” as defined in Act 517, Public Acts of Michigan, 2012, being MCL 129.311 et. seq.

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SPECIAL TERMS AND CONDITIONS

1. ACCEPTANCE OF GOODS OR SERVICES: HCMA reserves the right to refuse any equipment that is in HCMA’s sole opinion incomplete, used, damaged or otherwise not as specified. It is the sole responsibility of the Contractor to retrieve, arrange and pay for the return of equipment that HCMA does not accept.

2. INVOICES / PAYMENT: Contractor shall submit timely invoice(s) to HCMA Accounts Payable after successful delivery of goods and/or services and HCMA’s acceptance of goods and/or services.

Contractor shall provide sufficient information on each invoice to enable HCMA to identify the goods purchased or services performed. Where a Purchase Order (PO) has been issued, the Contractor shall include the PO number on the invoice.

Invoices MUST be submitted to HCMA Accounts Payable department either by email or U.S. mail as follows:

Email: AP@metroparks.com

U.S. Mail: Huron-Clinton Metropolitan Authority Attn: Accounts Payable 13000 High Ridge Drive Brighton, MI 48114

Payment shall be made within thirty (30) days of receipt of a correct invoice. Where a prompt payment discount is offered, HCMA shall endeavor to earn the discount.

3. TERM AND RENEWAL: The resulting Contract will be valid for the one-time purchase of specified items and services.

4. PRICE ADJUSTMENT: For contracts with terms of more than one (1) year, the HCMA may review a fully documented request for a price increase only after the Contract has been in effect for one (1) year. A price increase adjustment shall only be considered at the time of a Contract renewal and shall be a factor in the renewal review process. The HCMA shall determine whether the requested price increase or an alternate option is in the best interest of the HCMA.

5. QUANTITIES: In the case of Annual Requirements Contracts, the HCMA reserves the right to increase or decrease the estimated quantity as best fits its needs, and the HCMA does not guarantee maximums or minimums. The HCMA also reserves the right to spot-bid unusually large one-time quantities or to buy outside of this Contract if extenuating circumstances exist.

6. PERFORMANCE, LABOR AND MATERIAL, AND MAINTENANCE BONDS:

A. The successful Bidder shall furnish bonds covering the faithful performance of the Contract and the payment of all obligations arising thereunder for a period of one year after the date of acceptance. The successful Bidder shall furnish a bond for the maintenance of the work against defective materials and workmanship for a period of two years form the date of acceptance. The Contractor shall procure and pay for these bonds.

B. The bond forms of the “Performance Bond”, Labor and Material Bond”, and “Maintenance Bond”, are provided herein. The amount shown for each shall be equal to 100 percent of the full amount of the Contract.

7. CONSENT TO REPRESENTATION OF MILLER, CANFIELD, PADDOCK AND STONE, P.L.C.: By submission of a proposal, the Bidder consents to the representation of the HCMA by Miller, Canfield, Paddock and Stone, P.L.C. Miller, Canfield, Paddock and Stone, P.L.C. represents the HCMA as general counsel and will not represent the bidder in conjunction with the Contract.

8. By signing this ITB/RFP document, Bidder agrees that the Contract shall be governed by the “HURON-CLINTON METROPOLITAN AUTHORITY STANDARD TERMS AND CONDITIONS FOR CONTRACTS FOR SERVICES,” attached hereto as Exhibit A.

Huron-Clinton Metropolitan Authority (HCMA) Page 6

SCOPE OF WORK AND SPECIFICATIONS

INTRODUCTION: The Huron-Clinton Metroparks (HCMA) is seeking sealed proposals from qualified vendors to design, supply, and install a complete pump station solution at Willow Metropark Golf Course, including the removal of 3 existing pumps and associated equipment.

The pump station is located between the Huron River, and the fairway for Hole No.3. During periods of heavy precipitation, the golf course floods, including the pump station, leaving the lower wet well often under water. Proposals must take flood risk into consideration of their design.

An assessment performed in 2020 recommended that the pumps be known as dry pit submersible, however alternate solutions have been provided which include the use of an elevated pump which would remain above the flood zone.

A mandatory site visit is scheduled for vendors who have not previously performed work at this location on Tuesday August 19th, 2025, from 10:00 am to 11:00 am. All interested contractors are strongly encouraged to attend to gain a comprehensive understanding of the site and project requirements before submitting bids. This includes assessing any additional equipment needed for the removal or installation of project components.

If you wish to attend, please email neil.eby@metroparks.com no later than Monday, August 18th, 2025 by

3:00 PM.

SCOPE OF WORK:

The scope of work shall include, but is not limited to:

Design

• Design and build of a new pumpstation for Willow Metropark Golf Course

Removal of Existing Equipment

• Remove the 3 existing pumps, discharge and suction piping, pressure tanks, flow meter, and contactors.

Electrical

• Provide and install new fusible disconnects for a house panel, 2 – 50hp pumps and 1 – 15hp pump.

• Provide and install a stepdown transformer for the house panel.

• Provide and install a 4’ LED strip light and 2 receptacles.

• Provide and install a new ABB (or accepted alternative) 50 HP, 460V, 72-amp variable frequency drive (programming incl.)

• Provide and install a 50 HP soft start.

• Provide and install a new 15 HP contactor with overload.

• Provide and install a new Dwyer/Logo 3 pump controller.

• Provide and install a new Effector pressure switch.

• Provide and install a new Dwyer flow meter.

Pump Station

• Provide and install new steel horizonal suction lines

• Provide and install new HDPE drop pipes and aluminum foot valves.

• Provide and install (1) 15HP and (2) 50 HP Goulds (or accepted alternative) pumps.

• Provide and install the new 80 gallon, 150psi pressure tank.

• Provide and install new 2” galvanized piping to the new pressure tank.

• Provide and install an auto flush valve on the existing wye strainer.

mailto:neil.eby@metroparks.com

Huron-Clinton Metropolitan Authority (HCMA) Page 7

• Install new 6” gate valves and check valves.

• Existing wye strainer and fitting to be reused.

• Design/Build a renovated pump station to include:

• 1- 15 HP Goulds (or accepted alternative) pump (3656, 3 phase, 460 volt)

• 2- 50 HP Goulds (or accepted alternative) pumps (12BKF3, 3 phase, 460 volt)

• 2- 6” Discharge flanged gate valves

• 1- 80-gallon pressure tanks (150 psi)

• New bolts and gaskets as needed

• All other necessary piping, fitting, and labor to complete the renovation

• Test system and adjust setting to ensure the pump station is operating properly

• Pump station will provide 1000 GPM @ 110 PSI at the pump station.

Wet Well Enclosure

• Provide and build a steel enclosure on half of the upper wet well.

• Due to the new elevation of the new pumps, an enclosure will be made with expanded metal ensuring fall protection and operational access.

MINIMUM REQUIREMENTS:

• Contractor shall be licensed to perform work as stated in the State of Michigan

• Contractor must provide plans prior to start of work for Metroparks Engineering staff review/approval

• The Contractor shall be responsible for all the necessary equipment for offloading, loading, and setting equipment in a safe matter

• The contractor will be required for any permitting required for the project

SITE LOCATION:

• Willow Metropark Golf Course is located at 22900 Huron River Dr., New Boston, MI, 48164.

• The pump house is located between the Hole #3 Fairway and the Huron River.

Huron-Clinton Metropolitan Authority (HCMA) Page 8

EVALUATION CRITERIA AND SUBMITTAL REQUIREMENTS

1.) EVALUATION: The following factors will be considered in determining the successful or short-listed proposer:

• Technical Compliance & System Integration (35 points)

• Project Execution Plan & Timeline (25 points)

• Vendor Experience & Qualifications (20 points)

• Cost & Warranty Value (20 points)

2.) GENERAL SUBMITTAL REQUIREMENTS

• NUMBER OF COPIES: The entire response must be uploaded to the BidNet website only. Do not submit a hardcopy. Allow sufficient time to upload to the website. It is preferred that one file, in PDF, be submitted with a single file size limitation of 20MB. HCMA is not responsible for failure to have the submittal uploaded in a timely manner.

• PROPOSAL FORMAT: Each proposal should be prepared simply and economically. Responses shall be in the same order as the requirements are listed below to ensure evaluators are able to easily locate the information that is requested in this solicitation.

• PROPOSAL CONTENT: The Respondent must include the following items, or the proposal may be deemed non-responsive and rejected without any further evaluation.

o All general forms contained in this solicitation document, fully completed o A complete response to each of the Specific Submittal Requirements in the next section, which are specific to the evaluation criteria.

3.) SPECIFIC SUBMITTAL REQUIREMENTS: The proposer must include the following items, or the proposal will be deemed nonresponsive and rejected without further evaluation.

• Technical Compliance & Design (35 points) o Does the proposed system meet or exceed all stated technical and system requirements?

o Are design documentation and system drawings included?

o Does the solution provide a pump station that remains free and clear of water hazards?

• Project Execution Plan & Timeline (25 points) o Provide a clear schedule including design completion dates, material lead times, and project completion dates o Is equipment removal, permitting, installation, and commissioning well-addressed?

o Is there a detailed plan for start-up testing, on-site training, and system commissioning?

• Vendor Experience & Qualifications (20 points) o Has the vendor completed similar pump station projects (especially in irrigation, municipal, or golf course settings)?

o Are licenses, certifications, and qualifications clearly presented?

o Does the vendor have strong references and a record of quality and safety?

o Demonstrate familiarity with NEC standards o Demonstrate experience with remote system integration

• Cost & Warranty Value (20 points) o Are equipment and workmanship warranties clearly defined?

o Is the cost comprehensive (no major exclusions or hidden costs)?

Huron-Clinton Metropolitan Authority (HCMA) Page 9

GENERAL CONDITIONS

1. PROPOSALS: Proposals shall be made upon the form provided herein. By submittal of a Proposal quotation, bidder represents that all terms, conditions, drawing and specifications (as applicable) contained in this Invitation shall be applicable to the quote and to any contract or purchase order issued pursuant hereto. Proposals shall remain effective for 30 days after the date of signature.

2. LUMP SUM OR UNIT PRICE AMOUNT: The lump sum or unit price amount of the quote shall include all costs associated with totally completing the work described herein.

3. COMPLETION DATE: This project shall be totally completed and performed on or before the stated completion date. The contractor shall submit, upon request, a written schedule for completing the work by the stated completion date.

4. PROJECT SITE: The project site is in the stated Metropark, a regional public park operated by the Authority. The site may be near areas which shall always remain open to the public, during park hours. The Contractor shall prohibit public access into the work areas and shall restrict their operations to only those areas directly affected by the work. The Contractor shall maintain the work, including all contractor supplies, materials, and equipment, in such a manner as to always ensure public and personnel safety.

5. SITE INSPECTION: By submission of this proposal, the Bidder represents that he/she has examined the project site and has reasonably familiarized himself/herself with the nature of the work to be performed.

6. CONDITION OF THE WORK SITE: Information provided by the Authority regarding conditions of the work site is for general informational purposes only and is not to be construed as representations or warranties on the part of the Authority. The Authority makes no claim that the information provided is accurate or sufficient, or that actual conditions which may be encountered will not differ from the conditions indicated by the information. The Bidder acknowledges that his/her bid is based solely upon his own independent business judgment.

7. BIDDER’S QUALIFICATIONS: The successful Bidder shall be prepared to demonstrate a successful completion record for projects of type and scope comparable to this project. The Authority may request client references, information regarding experience and organization, and a financial statement. The Bidder represents that he/she is qualified to perform the work herein in a safe and workmanlike manner and will comply with the laws and regulations of all authorities having jurisdiction, included but not limited to applicable health, safety, environmental and labor regulations.

8. AWARD: The Authority reserves the right to reject any or all bids, to waive irregularities and/or formalities and to make award in any manner deemed in the best interest of the Authority. The Authority may split the award of the contract to various bidders if it is deemed to be in the best interest of the Authority.

9. CONTRACT: The Advertisement, Proposal quotation form, general conditions, drawings and specifications (as applicable), the contract or purchase order shall form the entire contract between the Authority and the Contractor.

10. CHANGES: The Authority reserves and shall have the right under the Contract to make such changes in the drawings and specifications, in the character of the work, and in the extent of the work as may be necessary or desirable to insure the completion of the work in the manner most satisfactory to the Authority.

11. NOTIFICATION TO START: The Contractor shall notify HCMA 5 days prior to potential work start and a minimum of 24-hour advance notice of actual commencement of work.

12. DELIVERY AND STORAGE OF MATERIALS: The Contractor shall be responsible for delivery, receipt, acceptance, handling and off-loading, and storage of Contractor materials, as necessary. Materials shall be appropriately covered, stored off the ground and otherwise protected from weather.

13. PROTECTION: The Contractor shall be responsible for protecting the work (including Contractor materials, supplies and equipment) from loss, theft, damage, weathering, vandalism, or inclusion of deleterious materials during delivery, during storage and handling at the site, during installation and construction, and until final acceptance of the work. The Contractor shall be responsible for any loss or damage caused by themselves or their employees to property of the Authority, or to work or materials of others, and shall make good any loss or

Huron-Clinton Metropolitan Authority (HCMA) Page 10 damage without additional cost to the Authority. All work (including Contractor materials, supplies and equipment) shall be maintained in such a manner as to ensure personnel safety at all times.

14. WORKMANSHIP: Quality of workmanship shall conform with the requirements stipulated herein, and within the best accepted standards in the industry. Unacceptable work shall be redone at no additional cost to the Authority.

a. The Contractor shall perform all work in accordance with Safety Act, Act 89, or the Public Acts of 1963, as amended and the Federal Occupational Safety and Health Act, of 1970. Public law 91-596, 84 Stat. 1590, as amended. [if applicable].

b. The Contractor shall perform all Work in accordance with applicable local, State, and Federal laws, rules, regulations, and zoning and building codes, as well as M.I.O.S.H.A guidelines in effect at the time of the project.

c. The Contractor shall notify AUTHORITY Representative of any conflict between the Contract documents and these laws, rules, regulations, and guidelines in writing.

d. The Contractor shall provide for the protection of the public, AUTHORITY employees, and the Contractor's own workers from work-related hazards. Contractor shall provide, install, and maintain warning signs and barricades necessary for the protection of persons and property affected by construction. Contractor shall also provide notification to AUTHORITY representative, and personnel directly affected by construction of any potentially dangerous situations.

e. The Contractor will use all due care in the handling and storage of hazardous materials and equipment, including explosives, while performing Work under this Contract. Contractors and their employees involved in these activities are to be properly trained and licensed for the task. The Contractor shall be responsible for immediate containment of any fuel, oil or chemical from equipment operated by the Contractor. The spill site must be cleaned to the extent acceptable to the Authority and all expenses associated with the spill will be the responsibility of the Contractor.

f. In the event of an emergency affecting the safety of persons or property, the Contractor shall act immediately to prevent threatened loss or damage. The Contractor shall immediately stop any activity or operation-affecting safety until the situations is corrected.

15. PERMITS: The Contractor shall be responsible for obtaining all approvals, permits, and paying fees, as may be required by state and local agencies having jurisdiction, at no additional cost to the Authority. The Contractor shall comply with the provisions of approved permits.

16. REGULATIONS AND CODES: The Contractor shall perform all work in accordance with applicable laws, regulations and codes. Work not specifically identified or described in the Contract Documents, but required by the authority having jurisdiction, shall be provided by the Contractor at no additional cost to the Authority.

17. DEFAULT; TERMINATION FOR CAUSE: If the Contractor fails to prosecute the work properly, or demonstrates a substantial failure to perform the work in accordance with any provision of the Contract, then the Authority, after ten days written notice to the Contractor (and without prejudice to any other remedy available to the Authority), may: (1) take possession of the work, and of all Contractor materials and equipment on the site necessary for completing the work; (2) complete the work in any manner deemed appropriate by the Authority, in which case the costs of completing the work will be deducted from the unpaid balance of the Contract amount; and/or (3) terminate the Contract, in which case the Contractor shall be entitled only to pro rata compensation for acceptable work performed, less progress payments already made.

18. TERMINATION WITHOUT CAUSE: The Authority retains the right to terminate this Contract without cause, by written notice to the Contractor. Such termination shall be effective in the manner specified in the notice and shall be without prejudice to any claims which the Authority may have against the Contractor. Upon receipt of such notice, the Contractor shall, unless the notice directs otherwise, (1) discontinue the work immediately; (2) cancel existing orders; and (3) protect the work as necessary. It is agreed that the Contractor shall be entitled only to pro rata compensation for acceptable work performed, less progress payments already made.

19. FINAL PAYMENT / WAIVERS OF LIEN: Final payment may, at the Authority’s option, may be contingent upon the Contractor’s submittal to the Authority of signed waivers of lien from all subcontractors and suppliers.

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BID PRICE FORM

The undersigned hereby certifies that they have examined the Specifications and are fully informed as to the nature of the equipment and services to be furnished. The undersigned agrees that it will obtain all necessary permits, licenses and insurance, and that it will comply with all applicable federal, state and local codes, laws and regulations.

Company Name

Address City State Zip

Email Telephone

Printed Name of Person Authorized to Offer Bid Title

Signature of Person Authorized to Offer Bid Date

Huron-Clinton Metropolitan Authority (HCMA) Page 12

BID PRICE FORM (cont’d)

PRICES

- Prices must be inclusive of all costs, including shipping and delivery.

- Delivery is F.O.B. to HCMA’s location.

- HCMA is sales tax exempt.

Please provide Standard Warranty & optional Extended Warranty information below, along with associated pricing:

Task Description Labor Hours Hourly Rate Total Cost Pump Station Design $ $ Equipment Removal and Site-prep $ $ Installation of New Equipment $ $ Testing & Verification $ $ Grand Total $

PROMPT PAYMENT DISCOUNT:

Prompt payment discount if offered by Bidder: ________________________

Warranty Coverage Information Cost

Standard Warranty

Extended Warranty

Huron-Clinton Metropolitan Authority (HCMA) Page 13

REFERENCE FORM

Provide three client references for similar services provided in the past three years.

Reference 1

Client Name______________________________________________________________

Contact Name_____________________________________________________________

Email____________________________________________________________________

Telephone________________________________________________________________

Reference 2

Client Name______________________________________________________________

Contact Name_____________________________________________________________

Reference 3

Client Name______________________________________________________________

Contact Name_____________________________________________________________

Huron-Clinton Metropolitan Authority (HCMA) Page 14

OFFER AND AGREEMENT FORM

TO THE HURON-CLINTON METROPOLITAN AUTHORITY:

The undersigned hereby offers and agrees to furnish the material or service in compliance with all terms, scope of work, conditions, specifications, and amendments in the Contract.

The undersigned hereby states, under penalty of perjury, that all information provided is true, accurate, and complete and states that he/she has authority to submit this proposal, which will result in a binding Contract if accepted by the Huron-Clinton Metropolitan Authority.

We acknowledge receipt of the following addendum(s): _____, _____, _____, _____.

I certify, under penalty of perjury, that I have the legal authorization to bind the firm hereunder:

For clarification of this offer, contact:

Company Name

Name:

Address

Phone:

City State Zip

Fax:

Signature of Person Authorized to Sign

Printed Name

Title

Huron-Clinton Metropolitan Authority (HCMA) Page 15

VENDOR REGISTRATION SHEET

1.

Firm Name

Contact Name Phone

2._________________________________________________________________________________________ Address/City/State/Zip

Telephone Fax Number County

3.

Name and address of Headquarters/Home Office, if different from above.

4. Is your business incorporated in Michigan? Yes No

5. If not, has your business obtained a Certificate of Authority to transact business or conduct affairs in Michigan from the Michigan Department of Licensing and Regulatory Affairs?

Yes No

6. If you answered “no” to both 4 and 5, please explain:

7. What is main function of your business? (Be specific.)

8. Year established ________________

9. Company ownership (if any) ________________________________________________________________

10. Personnel in development and support, full time and total. _________________________________________

11. Is the firm Minority Owned?

12. Please include a copy of your current business license.

Authorized Signature Position Title

Huron-Clinton Metropolitan Authority (HCMA) Page 16

BIDDER DISCLOSURE STATEMENT

Disclosure of Familial Relationship

The Bidder hereby represents and warrants, except as provided below, that no familial relationship exists between the owner(s) or any employees of the Bidder and any HCMA official or HCMA employee.

List and describe any familial relationships:

Disclosure of Substantial Interest in Business

The Bidder hereby represents and warrants, except as provided below, that no HCMA official or HCMA employee or their immediate family has any substantial interest in the Bidder’s business.

List and describe any substantial interest held by a HCMA official, City employee, or their immediate family in Bidder’s business:

I certify and swear that to the best of my knowledge, information, and belief the above information is true, accurate, and complete.

Signed: _________________________________________________________________________________

Title: __________________________________________________________________________________

Bidder: _________________________________________________________________________________

Dated: _________________________________________________________________________________

Vendor Verification Form The Huron-Clinton Metroparks Board of Commissioners has adopted the following updates to our Purchasing Policy.

Vendors that meet the criteria listed below have the option to complete this form and provide information to qualify for additional bid comparison discounts. This information is not required for bid/quote submission, but we do ask you sign and acknowledge the form at the bottom if you choose not to provide this information.

Local Preference Living Wage Diversity, Equity & Inclusion

HCMA has a local vendor preference for vendors that qualify as a “Metroparks-based business”.

Vendors seeking to qualify as a Metroparks-based business must meet the following criteria:

1. Operates from a building or office with a permanent street address located within the Metroparks service region encompassing Livingston, Macomb, Oakland, Washtenaw and Wayne counties, on an ongoing basis for at least one year prior to responding to the solicitation; and

2. Has been providing goods and/or services specified in the solicitation within the service region on an ongoing basis for at least one year prior to responding to the solicitation.

3. A Metroparks-based business also must agree not to sublet 50% or more of the dollar value of the contract to subcontractors who do not meet the definition of a Metroparks-based business.

Vendors seeking to qualify for a 2% bid comparison discount via demonstration of their commitment to paying their labor force a living wage of no less than $15.00 per hour must return this Verification Form.

HCMA may make any reasonable investigation deemed necessary and proper to determine the validity of the evidence provided.

Vendors seeking to qualify for a 2% bid comparison discount via demonstration of their commitment to employ and sustain a diverse workforce must return this Verification Form.

A copy of your DEI Plan must also be attached to this Form.

I ________________________________________ a legally authorized agent of the business known as ________________________ hereby certify and affirm the information below.

□ LOCAL PREFERENCE POLICY

The business has been in existence and either physically headquartered or located at:

__________________________________________________________________, ____________________________, Michigan Street Address City

In the County of ___________________________ for not less than one (1) year immediately prior to the date of this Verification.

The business has been in existence and provided or produced the following goods and/or services for not less than one (1) year immediately prior to the date of this Verification: ________________________________________________________________ I confirm that the business agrees not to sublet 50% or more of the dollar value of the contract to subcontractors who do not meet the definition of a Metroparks-based business.

□ LIVING WAGE POLICY

The business has adopted a Living Wage Payment Plan where no employee is paid less than $15.00 per hour.

HCMA reserves the right to inspect the Vendor’s records to verify that the Vendor pays all its employees a minimum living wage. HCMA and HCMA’s auditors shall, during regular business hours and upon reasonable notice, be afforded access to, and shall be permitted to audit and copy, the Vendor’s records and accounts which are directly pertinent to verifying the wages paid to all the Vendor’s employees.

□ DIVERSITY, EQUITY & INCLUSION

The business has adopted a DEI Plan six (6) months or more prior to the date of this Verification.

A copy of our DEI Plan is attached.

I further acknowledge my understanding that any person, firm, corporation or entity intentionally submitting false information to Huron- Clinton Metropolitan Authority (HCMA) in an attempt to qualify for any of the Comparison Discounts may be barred from bidding on Metroparks contracts for a period of not less than three (3) years.

SIGNED: ______________________________________________ DATE: _____________________ PRINTED NAME: _______________________________________ TITLE: _____________________ EMAIL ADDRESS: ______________________________________ PHONE: _____________________

□ Vendors must acknowledge that they have received and read this Form even if they choose not to complete the section above.

Vendors who compete the section above do not need to complete the acknowledgement section below.

BUSINESS NAME: ______________________________________________________________________ SIGNED: _______________________________________________ DATE: ____________________ PRINTED NAME: _______________________________________ TITLE: ____________________ EMAIL ADDRESS: ______________________________________ PHONE: ____________________

HURON-CLINTON METROPOLITAN AUTHORITY

MAINTENANCE BOND

KNOW ALL MEN BY THESE PRESENTS,

That we ______________________________________________________________________________________ (Contractor) hereinafter called the “Principal” and ______________________________________________________________ a Corporation organized under the laws of the State of ______________________________ and duly authorized to transact business in the State of Michigan, hereinafter called “Surety”, are held and firmly bound unto the Huron-Clinton Metropolitan Authority, hereinafter called “Obligee”, in the just and full sum of ___________________________________________________________________________ ________________________________________________________________________________________________ Dollars ($____________________________) lawful money of the United States of America, to the payment whereof, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

The condition of this obligation is such that, WHEREAS, the above Principal has entered into a contract with said Obligee, numbered ________________________, and dated _______________, 20_____, for __________________________________________________________________________ _____________________________________ (Project Title), which contract, including the drawings and specifications thereof, is herein called the “Contract” and is made a part hereof as fully and to the same extent as if the same were entirely set forth herein; and

WHEREAS, it was one of the conditions of the award of the said Obligee, pursuant to which said Contract was entered into, that these presents should be executed; and

NOW, THEREFORE, if the above Principal shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship that shall appear within two years from and after the date of acceptance of the work by the said Obligee, then this obligation shall be void; otherwise the same shall be in full force and effect.

AND PROVIDED, that any alterations which may be made in the terms of said Contract, or in the work to be done thereunder, or the giving of any extension of time for the performance of said Contract, or any other forbearance on the part of either party to the other, shall not in any way release the Principal and the Surety or either of them, their heirs, executors, administrators, successors or assigns, from any liability hereunder, notice to the Surety of any alterations, extensions of time, or of any forbearance being hereby waived.

SIGNED and SEALED this _____________________________________________ day of ____________________, 20____ In the Presence of:

Witness Principal (Seal)

_____________________________________ By: _____________________________________ Witness

Witness Surety (Seal)

_____________________________________ By: _____________________________________ Witness Attorney-in-fact

Bonds correct in form:

By: ______________________________________________________ Attorney for HURON-CLINTON METROPOLITAN AUTHORITY

Huron-Clinton Metropolitan Authority (HCMA) Page 21

Exhibit A

HURON-CLINTON METROPOLITAN AUTHORITY

STANDARD TERMS AND CONDITIONS FOR CONTRACTS FOR SERVICES

This provisions of these Terms and Conditions (the “T&Cs”) of Huron-Clinton Metropolitan Authority (“HCMA”) shall apply to all contracts, purchase orders, agreements, or other arrangements with any contractor (a “Contractor”) for the provision of services, notwithstanding any statement or provision in the Agreement to the contrary. By entering into an Agreement with HCMA, the Contractor agrees to abide by these Terms and Conditions.

A. INDEMNIFICATION, RELEASE, LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES.

1. Indemnification and Release. Contractor shall indemnify and hold HCMA harmless from any and all Claims (as defined below) which are incurred by or asserted against HCMA by any person or entity from the negligent acts, performances, errors, or omissions of Contractor or Contractor’s Employees, including, without limitation, all Claims relating to injury or death of any person or damage to any property.

The indemnification rights contained in these T&Cs are in excess and over and above any valid and collectible insurance rights/policies. During the term of the Agreement, if the validity or collectability of the Contractor's insurance is disputed by the insurance company, the Contractor shall indemnify HCMA for all claims asserted against the HCMA and if the insurance company prevails, the Contractor shall indemnify the HCMA for uncollectable amounts.

Contractor shall have no rights against HCMA for any indemnification (e.g., contractual, equitable, or by implication), contribution, subrogation, and/or any other right to be reimbursed by HCMA except as expressly provided herein.

Contractor waives and releases all actions, liabilities and damage including any subrogated rights it may have against HCMA based upon any Claim brought against HCMA.

The term “Claims” means any alleged losses, claims, complaints, demands for relief or damages, suits, causes of action, proceedings, judgments, deficiencies, liability, penalties, litigation, costs, and expenses, including, but not limited to, reimbursement for reasonable attorney fees, witness fees, court costs, investigation expenses, litigation expenses, amounts paid in settlement, and/or other amounts or liabilities of any kind which are imposed on, incurred by, or asserted against HCMA, or for which the HCMA may become legally and/or contractually obligated to pay, whether based upon any alleged violation of the federal or the state constitution, any federal or state statute, rule, regulation, or any alleged violation of federal or state common law, whether any such claims are brought in law or equity, tort, contract, or otherwise, and/or whether commenced or threatened.

2. Limitation of Liability. Neither Party shall be liable to the other for any amounts representing loss of profit, loss of business, or other incidental, consequential or punitive damages of the other Party under this Agreement.

3. Disclaimer of Warranties. HCMA MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, WHETHER EXPRESS OR IMPLIED BY OPERATION OF LAW INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED.