20250423 2500447 WWTP Sludge Removal PROPOSAL.pdf

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PROPOSAL

FOR

WWTP Sludge Removal

And Oxidation Ditches Lining System Installation

VILLAGE OF BLISSFIELD

LENAWEE COUNTY, MICHIGAN

BID OPENING:

Tuesday, May 13th, 2025 at 2:00 p.m.

COUNCIL

Michael Gunter, President Gwen Dusa, Pro Tem

Bill Gritzmaker, Trustee Sheri Luce, Trustee Ken Nichols, Trustee Eric Rogers, Trustee

Timothy Watters, Trustee

Danielle Gross - Village Administrator Steve Shields- Wastewater Treatment Plant Supervisor

Lisa Novak – Clerk

MSG PROJECT NO. 2500447

***THIS PAGE IS LEFT INTENTIONALLY BLANK***

***DRAFT***

ADVERTISEMENT FOR BIDS

Bids Due: Tuesday, May 13th, 2025, at 2:00 p.m.

Project Title: WWTP Sludge Removal and Oxidation Ditches Lining System Installation

Project Location: 198 MacArthur Lane Village of Blissfield Lenawee County, Michigan

Owner: Village of Blissfield

130 S. Lane St. – PO BOX 129 Blissfield, Michigan 49228

Engineer: The Mannik & Smith Group, Inc.

237 North Main Street Adrian, Michigan 49221

1. The Village of Blissfield will receive sealed bids for the WWTP Sludge Removal and Lining/Crack Filling. The Bids will be received at the

Office of the Clerk, Village of Blissfield, 130 South Lane Street, Blissfield, Michigan 49221, until 2:00 p.m. local time, Tuesday, May 13th, 2025.

This project consists of the removal, transportation, and disposal of approximately 1,350 tons of sludge from two (2) oxidation ditches at the Village of Blissfield Wastewater Treatment Plant, followed by application of protective lining to the ditches. All work must comply with federal, state, county, and local regulations for sludge handling and disposal, as well as industry standards for concrete repair and protective coatings in wastewater environments

2. Bids will be publicly opened and as soon as possible after the 2pm deadline.

3. Bids will be based on Unit and Lump Sum Prices.

4. Bidding Documents will be available after 9:00 a.m. on Wednesday, April 23, 2025, at the Village, or previously via email.

5. PLEASE NOTE THE VILLAGE IS NOT OPEN FRIDAYS.

6. All questions and requests for information are due by May 2nd, with final responses to be sent by May 6th.

7. All bidders receiving email plans and proposals are considered plan holders and shall receive all Addenda via email or the MITN website.

8. Bidding Documents may be examined at the office of the Village of Blissfield offices at 130 S. Lane Street, Blissfield, Michigan, 49221, The

Mannik & Smith Group, Inc., 237 North Main Street, Adrian, Michigan, 49221 and via email.

9. Bidders may obtain documents at the office of The Mannik & Smith Group, Inc. in hard copy or by email at no charge to the Contractor.

10. Bid security in the form of a Bid Bond, Cashier’s Check, or Certified Check in an amount equal to 5% of the bid amount, and payable to the

Village of Blissfield will be required of all Bidders.

11. Performance Bond and Lien Bond, equal to the amount of the Contract, will be required of the bidder awarded the Contract.

12. No bid may be withdrawn for a period of 60 days after the opening of bids.

13. The Owner reserves the right to reject any or all bids and to waive any informality or irregularity in any bid.

Issued by Village of Blissfield

Proposal Page 1

PROPOSAL

WWTP Sludge Removal and Oxidation Ditches Lining System Installation

TO: The Blissfield Village Council of Blissfield, Michigan

FOR: This project consists of the removal, transportation, and disposal of approximately 200,000 gallons of sludge from two (2) oxidation ditches at the Village of Blissfield Wastewater Treatment Plant, followed by inspection and application of protective lining to the ditches.

Ladies and Gentlemen:

The undersigned bidder hereby affirms that:

1. The proposal is in all respects fair and without any collusion or fraud.

2. The undersigned have examined the site of the proposed project and have made a personal investigation and estimate of quantities.

3. The undersigned will contract to furnish all labor, equipment, tools and material necessary for the complete construction of the above described project at the unit prices stated on the attached bid forms and to complete the work in the time specified to the satisfaction of the Village of Blissfield.

Company:

Address:

City, State, ZIP:

Telephone:

By:

Title:

Email:

Date:

NOTE: If the bidder is a co-partnership, each member must sign the proposal.

Corporations must execute the proposal by duly authorized officers in accordance with Articles of Incorporation.

Proposal Page 2

INSTRUCTIONS TO BIDDERS

and

GENERAL CONDITIONS

The Michigan Department of Transportation (MDOT) 2020 Standard Specifications for Construction are incorporated as part of these bidding documents and shall govern except as provided in the Invitation to Bid, Instructions to Bidders and General Conditions, Proposal, Contract, Supplemental Specifications, and Plans. References to the Department in the MDOT 2020 Standard Specifications for Construction shall for this project mean the Village of Blissfield, hereinafter referred to as “Owner,” unless otherwise specified.

OWNER

The Owner of the project is Village of Blissfield.

ENGINEER

The Engineer is the individual assigned by Village of Blissfield to be in charge of the project. The individual assigned as the Engineer shall be an employee of The Mannik & Smith Group, Inc.

BIDDER

The Bidder is one who submits a signed bid with the required documentation directly to the Owner at the time and place specified.

BID FORMS

Sealed proposals must be submitted on the bid forms furnished by the Owner. The proposal shall be submitted in its entirety, with no modifications or changes except as authorized by an addendum and with no pages removed. Unit prices as listed will govern in determining the correct total of the bid.

All proposals must be filled out in ink or typewritten and shall be legibly signed, giving the complete name and address of the Bidder.

All bids must be in a sealed envelope and clearly marked “WWTP Sludge Removal and Oxidation Ditches Lining System Installation.”

BIDDER’S SURETY

The proposal must be accompanied by a cashier's check, certified check, or a bid bond made payable to the Village of Blissfield, in the sum of five percent (5%) of the amount of the bid. Upon awarding and signing of a contract, or in the event of bid rejection, such bid surety will be returned to the Bidder. Bids may be held for a period of sixty (60) days. The bid bond should be enough to cover the Base Bid or Alternate No.

1 Bid, whichever is greater.

INTERPRETATION AND ADDENDA

All questions about the meaning or intent of the Contract Documents are to be directed to the Engineer.

Interpretation or clarification considered necessary by the Engineer to such questions will be issued by Addenda, e-mailed all parties recorded by the Engineer as having received the Bidding Documents.

Questions received less than seven days prior to the date for opening the bids may not be answered. Only questions answered by formal written Addenda are binding. Oral and other interpretations or clarifications will be without legal effect.

OPENING OF BIDS

Bids will be received at the Village Clerk’s Office at Village Hall, 130 South Lane Street, Blissfield, Michigan, 49228, until 2:00 p.m. local time on Tuesday, May 13th, 2025. Bids will be opened publicly as quickly as possible.

Proposal Page 3

REJECTION OF BIDS

The Owner reserves the right to reject any or all bids, including without limitation the right to reject any or all nonconforming, nonresponsive, unbalanced, or conditional bids and to reject the bid of any Bidder if the Owner believes that it would not be in the best interest of the project to make an award to that Bidder, whether because the bid is not responsive or if the Bidder is unqualified or of doubtful financial ability or fails to meet any pertinent standards or criteria established by the Owner. The Owner also reserves the right to waive all informalities in any bid should it be deemed in the best interest of the Owner to do so.

Discrepancies between the multiplication of units of work and the unit prices will be resolved in favor of the unit price. Discrepancies between the indicated sum of any column of figures and the correct sum will be resolved in favor of the correct sum. Discrepancies between words and figure will be resolved in favor of words.

CONTRACT EXECUTION

The Bidder to whom the contract is awarded shall, within ten (10) calendar days after notice of award, enter into a written contract with the Owner and furnish bonds and proof of insurance as hereinafter specified.

Failure to execute the contract or furnish satisfactory bonds and proof of insurance will be considered cause for annulment of award and forfeiture of the Bidder’s surety. Following the execution of the contract, the Bidder shall become known as the Contractor.

PERFORMANCE AND LIEN BONDS

The successful Bidder to whom the contract is awarded shall furnish two (2) surety bonds as follows:

Performance Bond – To the Village of Blissfield, 130 South Lane Street, P.O. Box 129, Blissfield, Michigan, 49228 for the faithful fulfillment of the terms of the contract in the amount of one-hundred

(100) percent of the contract amount.

Payment Bond – To the Village of Blissfield, 130 South Lane Street, P.O. Box 129, Blissfield, Michigan, 49228 for the payment of all labor and materials used in the work in the amount of one-hundred (100) percent of the contract amount.

MAINTENANCE BOND

After the project is completed and accepted by the Owner but prior to final payment, the Contractor shall secure a two (2) year Maintenance Bond in the amount of twenty-five (25) percent of the final construction cost rounded off to the nearest thousand dollars.

Subsequent to completion of construction, the Engineer will conduct a final inspection of the project to determine whether or not the improvements have been properly constructed. The two (2) year term of the bond will begin on the final inspection date provided that at that time, all improvements meet the required standard.

INCREASED OR DECREASED QUANTITIES

The Owner reserves the right to increase or decrease quantities from those originally estimated and such changes will be paid for at the unit price bid so long as the total contract amount is not changed more than ten (10) percent. Changes in excess of that amount will be individually negotiated.

TIME OF COMPLETION

All of sludge removal and lining work shall be completed on or before October 31, 2025. All restoration work shall be completed by November 30, 2025 or earlier unless otherwise approved. All work shall be conducted during normal daytime hours unless otherwise approved by the Engineer. Normal daytime hours are considered to be Monday through Saturday from 7 a.m. to 7 p.m. No work shall be conducted during holiday periods, as defined in subsection 101.03 of the Standard Specifications for Construction.

Proposal Page 4

FAILURE TO COMPLETE ON TIME

Liquidated damages will be assessed in accordance with subsection 108.10 of the Standard Specifications for Construction, except that all references to seasonal limitations will not apply. Liquidated damages will continue to be assessed each calendar day after the contract project completion date until all work on the project is completed, even if those days extend beyond and seasonal limitations.

PAYMENTS TO CONTRACTOR

Payments will be made to the Contractor on the 30th day of each month unless otherwise agreed upon.

The Owner may make a partial payment to the Contractor on the basis of an estimate, prepared by the Engineer, of the work performed on the project during the preceding period less a five (5) percent retainer.

FINAL INSPECTION, ACCEPTANCE AND FINAL PAYMENT

The Engineer will make a final inspection of all work included in the contract, and notify the Contractor of defects to be remedied prior to final acceptance. The Contractor is required to provide unconditional waivers of lien from all sub-contractors and suppliers before preparing a final estimate. Upon satisfactory completion of the work by the Contractor, a final estimate will be prepared. Payment for all work completed and accepted, less previous payments, will be made within thirty (30) days of final acceptance.

DISPUTES

The Engineer’s written decision on any question arising under the contract between the Owner and Contractor shall be final and binding upon both the Owner and the Contractor in the absence of fraud, bad faith, or abuse of discretion.

ARBITRATION

All claims, disputes and other matters in question between the Owner and the Contractor arising out of, or relating to, the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of final payment) will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining subject to the limitations of this section. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith will be specifically enforceable under the prevailing laws of any court having jurisdiction.

No demand for arbitration of any claim, dispute or other matter that is required to be referred to Engineer initially for decision will be made until the earlier of (a) the date on which Engineer has rendered a decision or (b) the tenth day after the parties have presented their evidence to Engineer if a written decision has not been rendered by Engineer before that date. No demand for arbitration of any such claim, dispute or other matter will be made later than thirty (30) days after the date on which Engineer has rendered a written decision in respect thereof; and the failure to demand arbitration within said thirty (30) days' period shall result in Engineer's decision being final and binding upon Owner and Contractor. If Engineer renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned. No demand for arbitration of any written decision of Engineer will be made later than ten (10) days after the party making such demand has delivered written notice of intention to appeal.

Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Association, and a copy will be sent to Engineer for information. The demand for arbitration will be made within the thirty (30) day or ten (10) day period specified above as applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations.

Proposal Page 5

No arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder or in any other manner any other person or entity who is not a party of this contract unless:

a) the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration;

b) such other person or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings, and;

c) the written consent of the other person or entity sought to be included and of Owner and

Contractor has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent.

Notwithstanding the above paragraph, if a claim, dispute or other matter in question between Owner and Contractor involves the Work of a Subcontractor, either Owner or Contractor may join such Subcontractor as a party to the arbitration between Owner and Contractor hereunder. Contractor shall include in all subcontracts a specific provision whereby the Subcontractor consents to being joined in arbitration between Owner and Contractor involving the Work of such Subcontractor. Nothing in this paragraph nor in the provision of such subcontract consenting to joinder shall create any claim, right or cause of action in favor of Subcontractor and against Owner or Owner’s Consultants that does not otherwise exist.

The award rendered by the arbitrators will be final, judgment may be entered upon it in any court having jurisdiction thereof, and it will not be subject to modification or appeal.

PROGRESS SCHEDULE

In no case shall any work be commenced prior to the receipt of a Notice of Award.

The low bidder for the work covered by this proposal will be required to meet with the Owner and Engineer to review the Contractor’s proposed schedule. The date and time for this meeting will be set within (1) week after the low bidder is determined. The Engineer will arrange the time and place for the meeting.

TAXES

The Contractor shall include, and will be deemed to have included, in its base bid and contract price all applicable Michigan Sales and Use taxes which have been enacted into law as of the date the bid is submitted.

OWNER’S RESPONSIBILITY

The Owner shall not supervise, direct or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with laws and regulations applicable to the furnishing or performance of the work unless otherwise specified in the Special Provisions or Supplementary Specifications. Owner will not be responsible for Contractor’s failure to perform or furnish the Work in accordance with the Contract Documents.

INDEMNIFICATION, DAMAGE LIABILITY AND INSURANCE

Indemnification, damage liability, and insurance shall be in accordance with subsection 107.10 of the Michigan Department of Transportation 2020 Standard Specifications for Construction and the attached special provision.

All insurance policies and binders shall include the following endorsements, verbatim:

“ADDITIONAL INSURED: The Village of Blissfield and its officers, agents, and employees, The Mannik & Smith Group, Inc. and its officers, agents and employees, Lenawee County Road Commission (LCRC) and

Proposal Page 6 its officers, Lenawee County Drain Commission (LCDC) and its officers, agents and employees, and Environment, Great Lakes, and Energy (EGLE) and its officers, agents and employees.

“Provide written notice ten (10) days prior to cancellation, expiration, termination or reduction in coverage for nonpayment of the premium and written notice thirty (30) days prior to the cancellation, expiration, termination or reduction in coverage for all other reasons.”

SPECIFICATIONS

All work not otherwise specified shall be done in accordance with the Michigan Department of Transportation 2020 Standard Specifications for Construction and the Village of Blissfield Department of Public Works. Within these specifications all references to the Michigan Department of Transportation shall mean the Owner.

SPECIAL PROVISIONS, NOTES AND DETAILS, AND SUPPLEMENTAL SPECIFICATIONS

Special Provision – Progress Clause Appendix A – Special Provisions For Sludge Removal Appendix B – Special Provisions for Oxidation Ditches Lining System Appendix C – Sludge Quality Control Reports Appendix D – Sikagard® 7600 Data Sheet Appendix E - Agreement

The above documents are enclosed for reference.

UTILITY COORDINATION

The Contractor shall cooperate and coordinate construction activities with the owners of utilities as stated in subsection 104.08 of the Standard Specifications for Construction. In addition, for the protection of underground utilities, the Contractor shall follow the requirements in subsection 107.12 of the Standard Specifications for Construction. Contractor delay claims, resulting from a utility, will be determined based upon subsection 108.09 of the Standard Specifications for Construction.

For the protection of underground utilities, the contractor shall notify “Miss Dig” at 1-800-482-7171 or 811, a minimum of three working days, excluding weekends or holidays prior to excavating and otherwise fully comply with the provisions of Public Act 174 of 2013, as amended. Miss Dig members will thus be routinely notified. This does not relieve the Contractor of the responsibility of notifying utility owners who may not be part of the Miss Dig system.

The Contractor shall conduct operations in such a manner as to ensure that those utilities not requiring relocation will not be disturbed.

COMMUNICATIONS

Any questions regarding this bid shall be directed to the person listed below:

Name: Mr. Aaron C. Hacker, PE, The Mannik & Smith Group, Inc.

Phone: (734) 289-2200, Ext. 4009

Email: AHacker@manniksmithgroup.com

Proposal Page 7

UNIT PRICE CONTRACT

WWTP Sludge Removal and Oxidation Ditches Lining System Installation

TO: Village of Blissfield

The undersigned, having full knowledge of the site, proposal, plans and specifications for the WWTP Sludge Removal and Oxidation Ditches Lining System Installation in Lenawee County, Blissfield, Michigan including Bidders’ Addenda _______________, and the conditions of these Contract Documents, hereby agrees to furnish all services, labor, materials, tools, equipment, transportation, and incidentals necessary to perform the entire Work; to complete the contract by the date specified in the Instructions to Bidders and General Provisions, according to the Proposal, Plans and Specifications, and to accept in full, compensation for all work necessary to complete the project at the unit prices named below for the Base Bid:

Table A-1 : Quote Form

Item No. Item Description Quantity Unit Unit Price Total

1 Oxidation Ditch Sludge Removal & Disposal 1350 Ton $ $

2 Oxidation Ditch Lining System 2 Ea $ $

Total Bid Amount

TOTAL BASE BID AMOUNT: ___________________________________________________________

Use words

_____________________________________________________________________________ Dollars

Contractor Signature: __________________________________________________________________

Printed Name and Title: ________________________________________________________________

Quantities are estimated in Table A-1. Final payment is based upon the Contractor’s Bid unit prices.

Bidder agrees that the work will be completed and ready for final payment in accordance with the General Conditions. All work on WWTP Sludge Removal and Oxidation Ditches Lining System Installation to be substantially completed by October 31, 2025 as detailed in the Time of Completion section above.

Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the work on time.

Estimated Construction Days: __________________

Proposal Page 8

The following documents are attached to and made a condition of this Bid:

Required Bid Security in the form of either:

Certified Check or a Bidder’s Bond in the amount of:

Dollars ($ )

Communications concerning this Bid shall be addressed to the Bidder’s representative.

Name of Representative:

Address:

City, State, ZIP:

Telephone Number:

Fax Number:

E-Mail Address:

The terms used in this Bid, which are defined in subsection 101.03 of the Michigan Department of Transportation 2020 Standard Specifications for Construction, have the meanings assigned to them in the Standard Specifications for Construction as well as in the Standard Specifications.

SUBMITTED on: , 2025.

Proposal Page 9

If Bidder is:

An Individual

By: _________________________________________________________________________ (SEAL) Individual’s Name

Doing Business As: ________________________________________________________________

Business Address: ________________________________________________________________

Phone No.: ________________________________________________________________

A Partnership

By: _________________________________________________________________________ (SEAL) Firm Name

General Partner

Proposal Page 10

A Corporation

By: _________________________________________________________________ (Corporate SEAL)

Corporate Seal

State of Incorporation

By: _________________________________________________________________

Name of Person Authorized to Sign

Title

A Joint Venture

By: _______________________________________________________________________________

Name

By: _______________________________________________________________________________

Name

(Each joint venture must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above.)

NOTICE TO PROCEED

Dated ___________________

TO:

(CONTRACTOR)

ADDRESS:

Contract: WWTP Sludge Removal and Oxidation Ditches Lining System Installation

Project: WWTP Sludge Removal and Oxidation Ditches Lining System Installation

OWNER’S CONTRACT NO. 2500447

You are notified that the Contract Times under the above contract will commence to run on __________________, 2025 in accordance with the Progress Schedule. By that date, you are to start performing your obligations under the Contract Documents. In accordance with Article 4 of the Agreement, Paragraphs 3 and the Contractor’s Progress Schedule submitted with the Bid, the Date for Completion of the project and date of readiness for final payment is .

Before you may start any work at the site, paragraph 2.05.C of the General Conditions provides that you and Owner must each deliver to the other (with copies to Engineer and other identified additional insured) certificates of insurance, which each is required to purchase and maintain in accordance with the Contract Documents.

Also, before you may start any work at the site, you must:

Attend Preconstruction Meeting to be determined.

Village of Blissfield

(OWNER)

By:

(AUTHORIZED SIGNATURE)

(NAME, TITLE)

Copy to ENGINEER

Payment Bond

Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.

CONTRACTOR (Name and Address): SURETY (Name and Address of Principal Place of Business):

OWNER (Name and Address): Village of Blissfield 130 South Lane Street Blissfield, Michigan 49228

CONTRACT: WWTP Sludge Removal and Oxidation Ditches Lining System Installation Date:

Amount:

Description (Name and Location):

This project consists of the removal, transportation, and disposal of approximately 200,000 gallons of sludge from two (2) oxidation ditches at the Village of Blissfield Wastewater Treatment Plant, followed by inspection, crack filling, and application of protective lining to the ditches.

BOND

Date (Not earlier than Contract Date):

Amount:

Modifications to this Bond Form:

Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative.

CONTRACTOR AS PRINCIPAL SURETY

Company: (Corp. Seal) Company: (Corp. Seal)

Signature: Signature:

Name and Title: Name and Title:

(Attach Power of Attorney)

(Space is provided below for signatures of additional parties, if required.)

CONTRACTOR AS PRINCIPAL SURETY

Company: (Corp. Seal) Company: (Corp. Seal)

Signature: Signature:

Name and Title: Name and Title:

EJCDC No. 1910-28-B (1996 Edition) Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General Contractors of America, the American Institute of Architects, the American Subcontractors Association, and the Associated Specialty Contractors.

1. The CONTRACTOR and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the OWNER to pay for labor, materials and equipment furnished for use in the performance of the Contract, which is incorporated herein by reference.

2. With respect to the OWNER, this obligation shall be null and void if the

CONTRACTOR:

2.1. Promptly makes payment, directly or indirectly, for all sums due Claimants, and

2.2. Defends, indemnifies and holds harmless the OWNER from all claims, demands, liens or suits by any person or entity who furnished labor, materials or equipment for use in the performance of the Contract, provided the OWNER has promptly notified the CONTRACTOR and the Surety (at the addresses described in paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the CONTRACTOR and the Surety, and provided there is no OWNER Default.

3. With respect to Claimants, this obligation shall be null and void if the CONTRACTOR promptly makes payment, directly or indirectly, for all sums due.

4. The Surety shall have no obligation to Claimants under this Bond until:

4.1. Claimants who are employed by or have a direct contract with the CONTRACTOR have given notice to the Surety (at the addresses described in paragraph 12) and sent a copy, or notice thereof, to the OWNER, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim.

4.2. Claimants who do not have a direct contract with the CONTRACTOR:

1. Have furnished written notice to the CONTRACTOR and sent a copy, or notice thereof, to the OWNER, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and

2. Have either received a rejection in whole or in part from the CONTRACTOR, or not received within 30 days of furnishing the above notice any communication from the CONTRACTOR by which the CONTRACTOR had indicated the claim will be paid directly or indirectly; and

3. Not having been paid within the above 30 days, have sent a written notice to the Surety and sent a copy, or notice thereof, to the OWNER, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the CONTRACTOR.

5. If a notice required by paragraph 4 is given by the OWNER to the CONTRACTOR or to the Surety, that is sufficient compliance.

6. When the Claimant has satisfied the conditions of paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions:

6.1. Send an answer to the Claimant, with a copy to the OWNER, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed.

6.2. Pay or arrange for payment of any undisputed amounts.

7. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety.

8. Amounts owed by the OWNER to the CONTRACTOR under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any Performance Bond. By the CONTRACTOR furnishing and the OWNER accepting this Bond, they agree that all funds earned by the CONTRACTOR in the performance of the Contract are dedicated to satisfy obligations of the CONTRACTOR and the Surety under this Bond, subject to the OWNER's priority to use the funds for the completion of the Work.

9. The Surety shall not be liable to the OWNER, Claimants or others for obligations of the CONTRACTOR that are unrelated to the Contract. The OWNER shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond.

10. The Surety hereby waives notice of any change, including changes of time, to the Contract or to related Subcontracts, purchase orders and other obligations.

11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by paragraph 4.1 or paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.

12. Notice to the Surety, the OWNER or the CONTRACTOR shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, the OWNER or the CONTRACTOR, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page.

13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is, that this Bond shall be construed as a statutory Bond and not as a common law bond.

14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, the CONTRACTOR shall promptly furnish a copy of this Bond or shall permit a copy to be made.

15. DEFINITIONS

15.1. Claimant: An individual or entity having a direct contract with the CONTRACTOR or with a Subcontractor of the CONTRACTOR to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of the CONTRACTOR and the CONTRACTOR's Subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished.

15.2. Contract: The agreement between the OWNER and the CONTRACTOR identified on the signature page, including all Contract Documents and changes pthereto.

15.3. OWNER Default: Failure of the OWNER, which has neither been remedied nor waived, to pay the CONTRACTOR as required by the Contract or to perform and complete or comply with the other terms thereof.

(FOR INFORMATION ONLY--Name, Address and Telephone) AGENCY or BROKER: OWNER'S REPRESENTATIVE (Engineer or other party):

Performance Bond

Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.

CONTRACTOR (Name and Address): SURETY (Name and Address of Principal Place of Business):

OWNER (Name and Address): Village of Blissfield 130 South Lane Street

Blissfield, Michigan 49228

CONTRACT: WWTP Sludge Removal and Oxidation Ditches Lining System Installation Date:

Amount:

Description (Name and Location):

This project consists of the removal, transportation, and disposal of approximately 200,000 gallons of sludge from two (2) oxidation ditches at the Village of Blissfield Wastewater Treatment Plant, followed by application of protective lining to the ditches.

BOND

Date (Not earlier than Contract Date):

Amount:

Modifications to this Bond Form:

Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative.

CONTRACTOR AS PRINCIPAL SURETY

Company: (Corp. Seal) Company: (Corp. Seal)

Signature: Signature:

Name and Title: Name and Title:

(Attach Power of Attorney)

(Space is provided below for signatures of additional parties, if required.)

CONTRACTOR AS PRINCIPAL SURETY

Company: (Corp. Seal) Company: (Corp. Seal)

Signature: Signature:

Name and Title: Name and Title:

EJCDC No. 1910-28-A (1996 Edition) Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General Contractors of America, and the American Institute of Architects.

1. The CONTRACTOR and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Contract, which is incorporated herein by reference.

2. If the CONTRACTOR performs the Contract, the Surety and the CONTRACTOR have no obligation under this Bond, except to participate in conferences as provided in paragraph 3.1.

3. If there is no OWNER Default, the Surety's obligation under this Bond shall arise after:

3.1.The OWNER has notified the CONTRACTOR and the Surety at the addresses described in paragraph 10 below, that the OWNER is considering declaring a CONTRACTOR Default and has requested and attempted to arrange a conference with the CONTRACTOR and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Contract. If the OWNER, the CONTRACTOR and the Surety agree, the CONTRACTOR shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive the OWNER's right, if any, subsequently to declare a CONTRACTOR Default; and

3.2.The OWNER has declared a CONTRACTOR Default and formally terminated the CONTRACTOR's right to complete the Contract. Such CONTRACTOR Default shall not be declared earlier than twenty days after the CONTRACTOR and the Surety have received notice as provided in paragraph 3.1; and

3.3.The OWNER has agreed to pay the Balance of the Contract Price to:

3.3.1. The Surety in accordance with the terms of the Contract;

3.3.2 Another contractor selected pursuant to paragraph 4.3 to perform the Contract.

4. When the OWNER has satisfied the conditions of paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions:

4.1.Arrange for the CONTRACTOR, with consent of the OWNER, to perform and complete the Contract; or

4.2.Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or

4.3.Obtain bids or negotiated proposals from qualified contractors acceptable to the OWNER for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by the OWNER and the contractor selected with the OWNER's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the Bonds issued on the Contract, and pay to the OWNER the amount of damages as described in paragraph 6 in excess of the Balance of the Contract Price incurred by the OWNER resulting from the CONTRACTOR Default; or

4.4.Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances;

4.4.1 After investigation, determine the amount for which it may be liable to the OWNER and, as soon as practicable after the amount is determined, tender payment therefor to the OWNER; or

4.4.2 Deny liability in whole or in part and notify the OWNER citing reasons therefor.

5. If the Surety does not proceed as provided in paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the OWNER to the Surety demanding that the Surety perform its obligations under this Bond, and the OWNER shall be entitled to enforce any remedy available to the OWNER. If the Surety proceeds as provided in paragraph 4.4, and the OWNER refuses the payment tendered or the Surety has denied pliability, in whole or in part, without further notice the OWNER shall be entitled to enforce any remedy available to the OWNER.

6. After the OWNER has terminated the CONTRACTOR's right to complete the Contract, and if the Surety elects to act under paragraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the OWNER shall not be greater than those of the CONTRACTOR under the Contract, and the responsibilities of the OWNER to the Surety shall not be greater than those of the OWNER under the Contract. To a limit of the amount of this Bond, but subject to commitment by the OWNER of the Balance of the Contract Price to mitigation of costs and damages on the Contract, the Surety is obligated without duplication for:

6.1.The responsibilities of the CONTRACTOR for correction of defective Work and completion of the Contract;

6.2.Additional legal, design professional and delay costs resulting from the CONTRACTOR's Default, and resulting from the actions or failure to act of the Surety under paragraph 4; and

6.3.Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance of the

CONTRACTOR.

7. The Surety shall not be liable to the OWNER or others for obligations of the CONTRACTOR that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the OWNER or its heirs, executors, administrators, or successors.

8. The Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders and other obligations.

9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located and shall be instituted within two years after CONTRACTOR Default or within two years after the CONTRACTOR ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.

10. Notice to the Surety, the OWNER or the CONTRACTOR shall be mailed or delivered to the address shown on the signature page.

11. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the Contract was be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond.

12. Definitions.

12.1 Balance of the Contract Price: The total amount payable by the OWNER to the CONTRACTOR under the Contract after all proper adjustments have been made, including allowance to the CONTRACTOR of any amounts received or to be received by the OWNER in settlement of insurance or other Claims for damages to which the CONTRACTOR is entitled, reduced by all valid and proper payments made to or on behalf of the CONTRACTOR under the Contract.

12.2. Contract: The agreement between the OWNER and the CONTRACTOR identified on the signature page, including all Contract Documents and changes thereto.

12.3. CONTRACTOR Default: Failure of the CONTRACTOR, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract.

12.4. OWNER Default: Failure of the OWNER, which has neither been remedied nor waived, to pay the CONTRACTOR as required by the Contract or to perform and complete or comply with the other terms thereof.

(FOR INFORMATION ONLY--Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Engineer or other party):

MSG Project No. 2500447

SPECIAL PROVISION

FOR

PROGRESS AND COORDINATION CLAUSE

MSG: ACH 1 of 1 April 2025

a. Description. Start work within seven (7) days after receiving the Notice to Proceed or on a date agreed upon with the Engineer. In no case shall any work be commenced prior to the receipt of a formal notice to proceed.

All sludge removal and lining work shall be substantially complete on or before October 31, 2025.

All contract work shall be completed on or before November 30, 2025. Contractor shall coordinate with Village should additional restoration work be necessary to complete project.

The low bidder(s) for the work covered by this proposal will be required to meet with stakeholder representatives to work out a detailed Progress Schedule. The schedule for this meeting will be set after the low bidder is determined.

The named subcontractor(s) for Designated and/or Specialty Items, as shown in the proposal, are recommended to be at the scheduled meeting if such items materially affect the work schedule.

The Mannik & Smith Group will arrange the time and place for the meeting.

The Progress Schedule shall include, as a minimum, the controlling work items for the completion of the project and the planned dates (or work day for a work day project) that these work items will be controlling operations. When specified in the bidding proposal, the date the project is to be opened to traffic as well as the final project completion date shall also be included in the Progress Schedule. If the proposal specifies other controlling dates, these shall also be included in the Progress Schedule.

There are no EGLE permits required for the removal of the sludge or lining of the ditches, however the Contractor shall be responsible for obtaining any sludge disposal permits that may be necessary.

There is no available disposal location onsite at the Village’s WWTP.

Contractor shall provide a detailed schedule for project implementation. The Contractor shall always maintain one (1) oxidation ditch in service throughout the project duration. The Contractor shall provide a minimum of one (1) weeks’ notice for removing a ditch from service.

APPENDIX A

SPECIAL PROVISIONS FOR SLUDGE REMOVAL

SPECIAL

PROVISION FOR

OXIDATION DITCH SLUDGE REMOVAL & DISPOSAL

MSG:HTK 1 of 3 April 2025

a. Description. The work includes furnishing all labor, materials, equipment, and appurtenances required to remove all sludge from two (2) existing oxidation ditches.

b. Materials. Contractor shall review recent sludge testing documents contained herein.

c. Submittals. The Contractor shall provide a detailed schedule for installation of the lining system and include all curing times needed. The Village will isolate and dewater one ditch for sludge removal and lining installation at a time.

The Village has confirmed no EGLE permitting is necessary to remove the sludge, however the Contractor shall be responsible for any permitting needs for hauling and disposal of the sludge. The City of Adrian WWTP has confirmed that are not able to receive the sludge at their plant. There is also no location onsite for disposal.

d. Construction.

The Village of Blissfield (Village) shall be responsible for:

1) Provision of personnel to oversee this project (Steve Shields, Village WWTP Supervisor)

2) Pumping down to a sludge state of the oxidation ditches prior to project.

3) Provision of any suitable hydrant water as may be appropriate.

The successful bidder (Contractor) shall be responsible for:

1) Contracting with the Landfill/Disposal Site

2) Coordination between the contractor and landfill/disposal site.

3) Coordinating with the landfill/disposal site for disposal of sludge.

4) Collection, removal, and transportation of sludge with the Contractor's vehicles, equipment, and personnel, in accordance with Federal, State, County, and local laws, regulations, and requirements.

5) Disposal of sludge at landfill/disposal site.

The Contractor shall provide the necessary vehicles, equipment, and personnel to load and transport the sludge from the oxidation ditches to the landfill/disposal site. The Contractor shall drive safely, and park its equipment at areas designated by the Village.

The Contractor shall be responsible for immediate cleanup of any spilled sludge at the WWTP site loading area and driveway, and on any roadways, said cleanup shall include sweeping, shoveling, and/or washing all equipment and/or road areas. Wherever possible, sweeping and shoveling shall be used for cleanup, with any washing done so as to use as little water as possible. The Contractor shall provide all cleanup equipment.

The Contractor shall provide equipment and operations for sludge transportation from the WWTP to the landfill/disposal site selected by the Contractor. The Contractor shall also comply with any and all federal, state, county, and local laws, regulations, and requirements affecting the transportation of sludge. No additional payments shall be made for transportation related expenses due to unforeseen disposal options.

MSG:HTK 2 of 3 April 2025

Proposed routes shall be reviewed and approved by the Village prior to actual transportation.

The Contractor shall comply with all relevant load restrictions, including any "frost restrictions" that may be in effect.

The loading of vehicles will be such that sludge is not spilled from the hauling vehicle.

All vehicles will be cleaned of any external sludge outside the loading area prior to departure from the WWTP, as well as prior to departure from the landfill/disposal site. The Contractor will be responsible for the cleanup of any sludge spilled during transportation operations.

If there are complaints about sludge odors, spillage from transport equipment, or other property damage the Contractor shall take action necessary to correct the situation.

Contractor shall be responsible for any damage during construction.

The Contractor shall determine a location for the disposal of the sludge at a selected landfill/disposal site.

Collection and loading operations, sludge transportation, and sludge…