Walnut Lake No.1 Conveyance CAP Phase II Specs 5-21-2025 (1).pdf

SPECIFICATIONS

FOR

EVERGREEN-FARMINGTON SANITARY DRAIN DRAINAGE DISTRICT

WALNUT LAKE #1 P.S. CORRECTIVE ACTION PLAN

CONVEYANCE IMPROVEMENTS PHASE #2

OAKLAND COUNTY WATER RESOURCES COMMISSIONER

ONE PUBLIC WORKS DRIVE, BUILDING 95 WEST

WATERFORD, MICHIGAN

CWSRF #5872-01

Issued For Bid

May 23, 2025

FK Engineering Project No. 24-162

OAKLAND COUNTY WATER RESOURCES COMMISSIONER TABLE OF CONTENTS

EFSD WALNUT LAKE P.S. CAP CONVEYNACE IMP. PHASE 2 00010/ 1

OCWRC FKE EFSD Outlet Siphon

TABLE OF CONTENTS

NUMBER SECTION NAME PAGE NUMBER

BIDDING REQUIREMENTS - CONTRACT PROVISIONS

00 01 01 Title Page ....................................................................................................... 1 only

00 WRC Front End Table of Contents .......................................................................... 1 only

00 73 19 WRC DC-029 Contract Addendum and Certification for Safety Compliance ........ 1 only

00 11 13 WRC DC-116 Advertisement to Bid ..................................................................... ADV-1

00 52 00 WRC DC-117 The Agreement .................................................................... A-1 thru A-19

00 45 00 WRC DC-118 Experience and Qualification Statement ............................. Q-1 thru Q-19

00 21 13 WRC DC-119 Information for Bidders .................................................... IB-1 thru IB-10

00 41 00 WRC DC-123 Bid Form ................................................................................ B-1 thru B-9

00 61 19 WRC DC-132 Labor and Material Bond ........................................... LMB-1 thru LMB-2

00 61 26 WRC DC-133 Maintenance and Guarantee Bond ............................ MGB-1 thru MGB-2

00 61 13 WRC DC-134 Performance Bond............................................................. PB-1 thru PB-2

00 WRC DC-161 Debarment Certification ................................................................... 1 only

00 WRC DC-162 Non-Collusion Affidavit .................................................................. 1 only

00 WRC DC-244 Notice of Claim Form ...................................................................... 1 only

00 WRC DC-581 Work Directive Form ....................................................................... 1 only

00 72 00 WRC DC-674 General Conditions ........................................................ GC-1 thru GC-75

00 73 00 WRC DC-675 Supplementary Conditions ................................................ SC-1 thru SC-3

OCIP Edits to Supplementary Conditions .................................... SC-1 thru SC-12

00 WRC DC-676 Certificate of Substantial Completion ............................... SC-1 thru SC-2

00 WRC DC-677 Certificate of Final Completion ........................................ FC-1 thru FC-2

00 65 19 WRC DC-678 Full Unconditional Lien Waiver - Contractor .................................. 1 only

00 65 19 WRC DC-679 Full Conditional Lien Waiver - Contractor ...................................... 1 only

00 65 19 WRC DC-680 Partial Unconditional Lien Waiver - Contractor .............................. 1 only

00 65 19 WRC DC-681 Partial Conditional Lien Waiver - Contractor .................................. 1 only

00 65 19 WRC DC-682 Full Unconditional Lien Waiver - Subcontractor ............................. 1 only

00 65 19 WRC DC-683 Full Conditional Lien Waiver - Subcontractor ................................. 1 only

00 65 19 WRC DC-684 Partial Unconditional Lien Waiver - Subcontractor ......................... 1 only

00 65 19 WRC DC-685 Partial Conditional Lien Waiver - Subcontractor ............................. 1 only

00 65 73 WRC DC-686 Contractor’s Declaration .................................................................. 1 only

00 65 20 WRC DC-687 Contractor’s Affidavit ...................................................................... 1 only

00 73 63 WRC DC-689 E-Verify ......................................................................................... 1 thru 2

00 WRC DC-690 Vendor Certification that it is NOT an “Iran Linked Business” .... 1 thru 3

00 73 43 Davis-Bacon Wage Requirements ............................................................... 1 thru 3

00 73 46 Davis-Bacon Wage Determination .............................................................. 1 thru 8

00 73 73 Enrolled House Bill No. 5541 ...................................................................... 1 thru 4

00 73 74 Enrolled Senate Bill No. 1024 ..................................................................... 1 thru 4

Appendix A Required Standard Contract Language: Clean Water State Revolving Fund and Drinking

Water Revolving Fund

Appendix B Example Build America, Buy America (BABA) Act Construction Contract Language

Appendix C OCIP Terms of Contract

DIVISION 1 GENERAL REQUIREMENTS

TABLE OF CONTENTS OAKLAND COUNTY WATER RESOURCES COMMISSIONER

00010 / 2 EFSD WALNUT LAKE #1 P.S. CAP CONVEYANCE IMP. PHASE 2

01 00 00 WRC DC-688 General Specifications ................................................................. GS-1 thru GS-25

01 10 00 Summary of Work ....................................................................................... 1 thru 7

01 14 00 Work Restrictions ........................................................................................ 1 thru 9

01 22 00 Measurement and Payment .......................................................................... 1 thru 4

01 29 00 Payment Procedures ..................................................................................... 1 thru 4

01 30 00 Administration Requirements .................................................................... 1 thru 12

01 31 00 Project Management and Coordination ....................................................... 1 thru 6

01 32 00 Construction Progress Documentation ........................................................ 1 thru 6

01 32 16 Construction Progress Schedule ................................................................ 1 thru 10

01 32 26 Construction Progress Reporting ................................................................. 1 thru 6

01 33 00 Submittal Procedures ................................................................................. 1 thru 16

01 33 12 Equipment Records ...................................................................................... 1 thru 3

01 33 30 Asset Turnover Process Requirements .......................1 thru 9, A1, B1, C1 thru C4

01 35 53 Security Procedures ..................................................................................... 1 thru 4

01 45 00 Quality Control .......................................................................................... 1 thru 10

01 50 00 Temporary Facilities and Control .............................................................. 1 thru 11

01 56 00 Temporary Barriers and Enclosures ........................................................... 1 thru 15

01 57 13 Temporary Soil Erosion and Sediment Control ......................................... 1 thru 10

01 60 00 Product Requirements ................................................................................ 1 thru 21

01 61 11 Equipment Rental Rates ............................................................................... 1 thru 4

01 77 00 Closeout Procedures .................................................................................... 1 thru 5

01 78 36 Warranties .................................................................................................... 1 thru 3

DIVISION 2 – EXISTING CONDITIONS

02 08 00 Color Audio-Video Recording of Construction Areas ................................. 1thru 5

02 41 00 Demolition ................................................................................................... 1 thru 5

02 41 13 Utility Line Removal ................................................................................... 1 thru 2

02 90 00 Modifications of Structures, Pipes & Equipment ........................................ 1 thru 7

DIVISION 3 - CONCRETE

03 00 00 Concrete ..................................................................................................... 1 thru 11

03 01 30.62 Cast-In-Place Concrete Repair ..................................................................... 1 thru 5

03 05 00 Cement Stabilization, Fly Ash ..................................................................... 1 thru 3

03 10 00 Concrete Forming ...................................................................................... 1 thru 11

03 15 00 Concrete Accessories ................................................................................... 1 thru 8

03 15 16 Concrete Construction Joints ....................................................................... 1 thru 5

03 15 19 Cast-In-Place Concrete Anchors .................................................................. 1 thru 6

03 20 00 Concrete Reinforcing ................................................................................... 1 thru 9

03 30 00 Cast-IN-Place Concrete ............................................................................. 1 thru 25

03 39 00 Concrete Curing ........................................................................................... 1 thru 7

03 41 00 Precast Structural Concrete ........................................................................ 1 thru 12

03 50 00 Steel Fiber Reinforced Concrete .................................................................. 1 thru 5

03 60 00 Grouting ....................................................................................................... 1 thru 7

JOB TABLE OF CONTENTS

DESCRIPTION 00010 / 3

DIVISION 4 - MASONRY

04 05 13 Masonry Mortaring ...................................................................................... 1 thru 5

04 20 00 Unit Masonry ............................................................................................. 1 thru 16

DIVISION 5 - METALS

05 05 19 Post Installed Concrete Anchors .................................................................. 1 thru 6

05 12 00 Structural Steel ........................................................................................... 1 thru 16

05 50 00 Metal Fabrications ..................................................................................... 1 thru 21

05 53 00 Metal Gratings ........................................................................................... 1 thru 12

DIVISION 13 - SPECIAL CONSTRUCTION

13 00 00 Tunnel Construction By Hand Mining ........................................................ 1 thru 9

DIVISION 15 - MECHANICAL

15 01 00 Basic Mechanical Requirements .................................................................. 1 thru 4

15 06 00 Process Piping and Materials ....................................................................... 1 thru 8

DIVISION 23 HEATING, VENTILATING, AND AIR CONDITIONING

23 00 00 Interceptor/Sewer Ventilation ...................................................................... 1 thru 6

DIVISION 31 EARTHWORKS

31 09 13 Geotechnical Instrumentation and Monitoring ............................................ 1 thru 4

31 10 00 Site Clearing ................................................................................................ 1 thru 3

31 20 00 Earth Moving ............................................................................................. 1 thru 21

31 23 19 Dewatering ................................................................................................... 1 thru 3

31 23 23 Excavation, Grading, and Backfilling .......................................................... 1 thru 5

31 23 23.33 Flowable Fill ................................................................................................ 1 thru 3

31 23 33 Trenching and Backfilling ........................................................................... 1 thru 7

31 50 00 Temporary Earth Retention System ............................................................. 1 thru 7

DIVISION 32 PAVING

32 11 23 Aggregate Base Course ................................................................................ 1 thru 6

32 12 00 Flexible Paving, Curbs, Sidewalks, and Driveways ...................................... 1 only

32 12 16 Asphalt Paving ........................................................................................... 1 thru 14

TABLE OF CONTENTS OAKLAND COUNTY WATER RESOURCES COMMISSIONER

00010 / 4 EFSD WALNUT LAKE #1 P.S. CAP CONVEYANCE IMP. PHASE 2

32 13 13 Concrete Paving ......................................................................................... 1 thru 14

32 31 00 Fences and Gates ......................................................................................... 1 thru 7

32 92 00 Turf and Grasses .......................................................................................... 1 thru 8

DIVISION 33 UTILITIES

33 01 30 Cleaning and Television Inspections of Sewers .......................................... 1 thru 5

33 10 00 Water Main Services .................................................................................. 1 thru 18

33 30 00 Sanitary Sewerage ........................................................................................ 1 thru 4

33 31 20 Fiberglass Reinforced Polymer Mortar Pipe ................................................ 1 thru 4

33 31 30 Slip Lining

33 39 13 Manholes ...................................................................................................... 1 thru 6

33 39 14 Access Hatches ............................................................................................ 1 thru 2

33 40 00 Temporary Flow Diversion and Bypass Pumping ..................................... 1 thru 10

DIVISION 40 PROCESS INTEGRATION

40 05 59 Gates and Actuators ..................................................................................... 1 thru 8

END OF SECTION

Contract Addendum and Certification for Safety Compliance

This Contract Addendum and Certification for Safety Compliance is effective as of between the Contractor identified below and the Oakland County Water Resources Commissioner’s office, whose address is One Public Works Drive, Waterford, Michigan 48328.

1. By executing this Contract Addendum, the Contractor certifies that it, its employees, agents, subcontractors, and assigns strictly follows all Michigan Occupational Safety & Health Administration (MIOSHA) safety and health standards relevant to the work being performed for the Oakland County Water Resources Commissioner’s office, its drainage districts, municipal customers, private systems, or other customers, at any and all times during which work is being performed.

2. The Contractor further certifies that it will provide a qualified or competent person, whichever is required pursuant to MIOSHA safety and health standards for the work being performed, to oversee safety on the job site.

3. If a qualified or competent person is not present on the job site, then work must not proceed until a qualified or competent person is present.

4. The Contractor must provide a list of all qualified or competent persons to the Oakland

County Water Resources project engineer or field staff prior to commencement of any work.

5. If at any time, any of the information provided in this Certification changes, the Contractor agrees to notify the Oakland County Water Resources Commissioner’s office in writing prior to any further work performed on a job site.

Contractor name, address and telephone number: Contractor’s safety coordinator:

The signatory below hereby certifies that the statements and representations of fact made by such signatory contained in this document are true, accurate, and complete. This Contract Addendum and Certification for Safety Compliance has been made, presented, and delivered for the purpose of ensuring compliance with MIOSHA safety standards and may be relied upon by the Oakland County Water Resources Commissioner’s office as a true statement of the facts set forth in this document.

By signing below on behalf of the Contractor, the signatory represents that he or she is duly authorized and has legal capacity to execute and deliver this Certification.

Signature

Print Name: Title:

Form DC–029 Contract Addendum and Certification for Safety Compliance

Page 1 of 1 Rev. 08/19/2024

Form DC-116 ADVERTISEMENT

JIM NASH

OAKLAND COUNTY WATER RESOURCES COMMISSIONER

Page ADV-1 of ADV-3 4-23-2024

Walnut Lake No. 1 Pump Station Conveyance Corrective Action Plan Phase II

Electronic sealed Bids will be received by the Owner for the construction of the following project:

This project includes removal of an existing 78-inch and 66-inch diameter sewer siphon pipe connection between the Evergreen-Farmington Sanitary Drain and Great Lakes Water Authority (GLWA) to the 96-inch diameter sewer. The new alignment will be hand mined over the top of the existing siphon. This section of the sewer is owned by Detroit Water and Sewerage Department (DWSD) and leased/operated by the Great Lakes Water Authority (GLWA). The project details consist of:

1. Construction of a temporary in-line flow sewer bypass conduit using existing 78-inch and 66-inch diameter siphon. This project requires temporary flow control management.

2. Slip line and grout the existing 66-inch and 78-inch diameter siphon with a 54-inch pipe.

2. Modifications to the existing Junction Chamber, Riser Chamber, and Meter Chamber OC-S-1, including structural, electrical, and telemetry components.

4. Construction of new 66-inch diameter sanitary sewer between manhole SOT140007 and Junction Chamber

5. Construction of new 78-inch diameter sanitary sewer tunnel between the existing Evergreen- Farmington Flume and Meter Chamber.

6. Abandoning existing 78-inch and 66-inch diameter sanitary sewers

7. Construction of a new sanitary manhole over an existing 96-inch diameter sanitary sewer located on the M-39 Southfield Freeway, with a 21-inch Diameter sewer connection with drop connection.

8. Construction of new 96-inch diameter sanitary sewer tunnel between the existing Junction and riser Chamber.

9. Abandoning existing 78-inch and 66-inch diameter sanitary sewers.

9. Abandoning existing 21-inch and 42-inch diameter sanitary sewers located in M-39 Southfield freeway and M-102 West Eight Mile Road.

10. Procurement and installation of a new 96-inch sluice gate, actuator, and establishing electrical connections.

10. Structural and site concrete work, asphalt paving, grading, and landscaping.

THE BIDS RECEIVED WILL BE PUBLICLY OPENED VIA MICROSOFT TEAMS AND READ AT THE

FOLLOWING DATE AND TIME:

Wednesday, June 25, 2025, at 3 PM.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_MDBkNGY4MWMtN2M5NS00OTA4LWEzMTItNzMwNGMxNzMyNTg0%40thread.

v2/0?context=%7b%22Tid%22%3a%226dd9592c-fa62-4c52-920e-c6981494a443%22%2c%22Oid%22%3a%2294997e1f-500c-48aa-9612-2fc40d2b9acc%22%7d Meeting ID: 294 166 288 029 0 Passcode: 8zb2QA6t

Bidders shall review and comply with the Information for Bidders, which is incorporated by reference, and carefully review all Bidding Documents. Bids submitted after the exact time specified for receipt will not be considered.

Bidding Documents will be available on the BidNet Direct website. The proposed Contract Documents under which the work will be performed are included in the Bidding Documents. For questions about https://teams.microsoft.com/l/meetup-join/19%3ameeting_MDBkNGY4MWMtN2M5NS00OTA4LWEzMTItNzMwNGMxNzMyNTg0%40thread.v2/0?context=%7b%22Tid%22%3a%226dd9592c-fa62-4c52-920e-c6981494a443%22%2c%22Oid%22%3a%2294997e1f-500c-48aa-9612-2fc40d2b9acc%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MDBkNGY4MWMtN2M5NS00OTA4LWEzMTItNzMwNGMxNzMyNTg0%40thread.v2/0?context=%7b%22Tid%22%3a%226dd9592c-fa62-4c52-920e-c6981494a443%22%2c%22Oid%22%3a%2294997e1f-500c-48aa-9612-2fc40d2b9acc%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MDBkNGY4MWMtN2M5NS00OTA4LWEzMTItNzMwNGMxNzMyNTg0%40thread.v2/0?context=%7b%22Tid%22%3a%226dd9592c-fa62-4c52-920e-c6981494a443%22%2c%22Oid%22%3a%2294997e1f-500c-48aa-9612-2fc40d2b9acc%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MDBkNGY4MWMtN2M5NS00OTA4LWEzMTItNzMwNGMxNzMyNTg0%40thread.v2/0?context=%7b%22Tid%22%3a%226dd9592c-fa62-4c52-920e-c6981494a443%22%2c%22Oid%22%3a%2294997e1f-500c-48aa-9612-2fc40d2b9acc%22%7d

OAKLAND COUNTY WATER RESOURCES COMMISSIONER

Page ADV-2 of ADV-3 4-23-2024

BidNet Direct, refer to https://www.oakgov.com/government/purchasing/bidder-registration/bid-solicitation-public-search.

A recommended pre-bid meeting is at the following location: 21455 Melrose Ave, Bldg R, Suite 12, Southfield, MI 48075 on June 5, 2025, at 3:00 pm, local time, or virtually via Microsoft Teams. The virtual meeting link is shown below:

https:/teams.microsoft.com/l/meetupjoin/19%3ameeting_ODEzYjNlZjItOGI5My00ZmU3LWI0NTUtYzk1 MGUzZGNlYzg0*40thread.v2/0?context=%7b%22Tid%22%3a%2244983d42-ab66-49ff-b1e6- 1ad889673644%22%2c%22Oid%22%3a%2283703c7e-a372-4479-ad38-a55320c29de6%22%7d___.YXAzOm9ha2dvdjphOm86YTQ3MDc3MzMxNDY2ZTJlMWNiNDA4ZWI1Yj QzYzE0MjU6Nzo4YzE2OmM1Yjg1NjI4Mzk2MmFkMTkyNzljMmQ3OGYzYmY5ZGU5NmYyOWI1ZGNk OTRlOTgyNDExNzAyNDk1M2NjNTBlYmE6aDpUOk4 Meeting ID: 297 265 527 859 8 Passcode: 7fc3Wb7x

A recommended site tour is scheduled at the following location Westhaven Avenue and Southfield Road on June 5, 2025, following the pre-bid meeting.

Bidders will be required to sign-in at the pre-bid meeting and the site tour.

Questions, comments, or concerns of any Bidder regarding the Bidding Documents or the project, must be submitted in writing via the BidNet Direct website by 3:00 pm on Monday, June 9, 2025. No questions received after this time will be given consideration. Questions will be reviewed, and formal responses will be disseminated via addenda on BidNet Direct.

Addenda issued to Bidders prior to the date of receipt of Bids shall become a part of the Contract Documents and all Bids shall include the work described in each addendum issued.

Failure to attend the pre-bid meeting shall not relieve the Bidder from compliance with all applicable federal and state laws and regulations, including without limitation the Equal Employment and Minority, Small, and Women's Business Regulations.

P.L. 111-88 requires compliance with the Davis Bacon Act and adherence to the current U.S.

Department of Labor Wage Decision. Attention is called to the fact that not less than the minimum salaries and wages as set forth in the Contract Documents (see Wage Decision included in the Bidding Documents) must be paid on this Project. The Wage Decision, including modifications, must be posted by the Contractor on the job site. A copy of the Federal Labor Standards Provisions is also included and will hereby be a part of the Contract.

A certified check, cashier's check, or Bid Bond for a sum not less than five percent (5%) of the amount of the proposal will be required for each proposal.

Owner reserves the right to accept any proposal, to reject any proposal and to waive irregularities in the proposals.

This project will be financed from the State of Michigan Department of Environment, Great Lakes, and Energy (EGLE) using state and federal funding authorized by the Clean Water State Revolving Fund (CWSRF). The program tracking number is CW5872-01. This project has specific State of Michigan Equivalency contracting requirements including the following:

https://www.oakgov.com/government/purchasing/bidder-registration/bid-solicitation-public-search https://www.oakgov.com/government/purchasing/bidder-registration/bid-solicitation-public-search https://url.avanan.click/v2/r01/___https:/teams.microsoft.com/l/meetup-join/19%3ameeting_ODEzYjNlZjItOGI5My00ZmU3LWI0NTUtYzk1MGUzZGNlYzg0*40thread.v2/0?context=%7b%22Tid%22%3a%2244983d42-ab66-49ff-b1e6-1ad889673644%22%2c%22Oid%22%3a%2283703c7e-a372-4479-ad38-a55320c29de6%22%7d___.YXAzOm9ha2dvdjphOm86YTQ3MDc3MzMxNDY2ZTJlMWNiNDA4ZWI1YjQzYzE0MjU6Nzo4YzE2OmM1Yjg1NjI4Mzk2MmFkMTkyNzljMmQ3OGYzYmY5ZGU5NmYyOWI1ZGNkOTRlOTgyNDExNzAyNDk1M2NjNTBlYmE6aDpUOk4 https://url.avanan.click/v2/r01/___https:/teams.microsoft.com/l/meetup-join/19%3ameeting_ODEzYjNlZjItOGI5My00ZmU3LWI0NTUtYzk1MGUzZGNlYzg0*40thread.v2/0?context=%7b%22Tid%22%3a%2244983d42-ab66-49ff-b1e6-1ad889673644%22%2c%22Oid%22%3a%2283703c7e-a372-4479-ad38-a55320c29de6%22%7d___.YXAzOm9ha2dvdjphOm86YTQ3MDc3MzMxNDY2ZTJlMWNiNDA4ZWI1YjQzYzE0MjU6Nzo4YzE2OmM1Yjg1NjI4Mzk2MmFkMTkyNzljMmQ3OGYzYmY5ZGU5NmYyOWI1ZGNkOTRlOTgyNDExNzAyNDk1M2NjNTBlYmE6aDpUOk4 https://url.avanan.click/v2/r01/___https:/teams.microsoft.com/l/meetup-join/19%3ameeting_ODEzYjNlZjItOGI5My00ZmU3LWI0NTUtYzk1MGUzZGNlYzg0*40thread.v2/0?context=%7b%22Tid%22%3a%2244983d42-ab66-49ff-b1e6-1ad889673644%22%2c%22Oid%22%3a%2283703c7e-a372-4479-ad38-a55320c29de6%22%7d___.YXAzOm9ha2dvdjphOm86YTQ3MDc3MzMxNDY2ZTJlMWNiNDA4ZWI1YjQzYzE0MjU6Nzo4YzE2OmM1Yjg1NjI4Mzk2MmFkMTkyNzljMmQ3OGYzYmY5ZGU5NmYyOWI1ZGNkOTRlOTgyNDExNzAyNDk1M2NjNTBlYmE6aDpUOk4 https://url.avanan.click/v2/r01/___https:/teams.microsoft.com/l/meetup-join/19%3ameeting_ODEzYjNlZjItOGI5My00ZmU3LWI0NTUtYzk1MGUzZGNlYzg0*40thread.v2/0?context=%7b%22Tid%22%3a%2244983d42-ab66-49ff-b1e6-1ad889673644%22%2c%22Oid%22%3a%2283703c7e-a372-4479-ad38-a55320c29de6%22%7d___.YXAzOm9ha2dvdjphOm86YTQ3MDc3MzMxNDY2ZTJlMWNiNDA4ZWI1YjQzYzE0MjU6Nzo4YzE2OmM1Yjg1NjI4Mzk2MmFkMTkyNzljMmQ3OGYzYmY5ZGU5NmYyOWI1ZGNkOTRlOTgyNDExNzAyNDk1M2NjNTBlYmE6aDpUOk4 https://url.avanan.click/v2/r01/___https:/teams.microsoft.com/l/meetup-join/19%3ameeting_ODEzYjNlZjItOGI5My00ZmU3LWI0NTUtYzk1MGUzZGNlYzg0*40thread.v2/0?context=%7b%22Tid%22%3a%2244983d42-ab66-49ff-b1e6-1ad889673644%22%2c%22Oid%22%3a%2283703c7e-a372-4479-ad38-a55320c29de6%22%7d___.YXAzOm9ha2dvdjphOm86YTQ3MDc3MzMxNDY2ZTJlMWNiNDA4ZWI1YjQzYzE0MjU6Nzo4YzE2OmM1Yjg1NjI4Mzk2MmFkMTkyNzljMmQ3OGYzYmY5ZGU5NmYyOWI1ZGNkOTRlOTgyNDExNzAyNDk1M2NjNTBlYmE6aDpUOk4 https://url.avanan.click/v2/r01/___https:/teams.microsoft.com/l/meetup-join/19%3ameeting_ODEzYjNlZjItOGI5My00ZmU3LWI0NTUtYzk1MGUzZGNlYzg0*40thread.v2/0?context=%7b%22Tid%22%3a%2244983d42-ab66-49ff-b1e6-1ad889673644%22%2c%22Oid%22%3a%2283703c7e-a372-4479-ad38-a55320c29de6%22%7d___.YXAzOm9ha2dvdjphOm86YTQ3MDc3MzMxNDY2ZTJlMWNiNDA4ZWI1YjQzYzE0MjU6Nzo4YzE2OmM1Yjg1NjI4Mzk2MmFkMTkyNzljMmQ3OGYzYmY5ZGU5NmYyOWI1ZGNkOTRlOTgyNDExNzAyNDk1M2NjNTBlYmE6aDpUOk4

OAKLAND COUNTY WATER RESOURCES COMMISSIONER

Page ADV-3 of ADV-3 4-23-2024

1. Build America, Buy America

2. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment

3. Davis-Bacon and Related Acts/Prevailing Federal Wages

4. Labor Standards Provisions for Federally Assisted Projects

5. Disadvantaged Business Enterprises (DBE) Requirements/Good Faith Efforts (GFE) Worksheet

6. Certification Regarding Debarment, Suspension, and Other Responsibility Matters

DC-117 THE AGREEMENT

Page A-1 of A-19 4-23-2024

This Agreement, hereinafter referenced as “Agreement” or "Contract," is made and entered into this _____ day of ________________, 20____ by and between Evergreen-Farmington Sanitary Drainage District, by and through its Drainage Board, pursuant Chapter 20 of the Public Act 40 of the Public Acts of 1956, as amended, hereinafter called “Owner”, and ___________________________________ , a (Michigan Corporation/Limited Liability Company/ Partnership) whose address is __________________ ___________________________________ , Michigan, hereinafter referred to as “Contractor." In this Contract, either Owner and/or Contractor may also be referred to individually as a "Party" or jointly as "Parties.”

WITNESSETH

WHEREAS Owner and Contractor, for the considerations hereinafter named, agree as follows:

1. THE WORK

A. Contractor shall perform and complete every one of the obligations required by the Contract Documents, including, without limitation, furnishing all labor, materials, goods, services, and equipment necessary to complete the Project in strict accordance with the Contract Documents. Contractor shall perform all Work shown and called for on the Contract Documents entitled Walnut Lake No. 1 Pump Station Conveyance Corrective Action Plan Phase 2, prepared by FK Engineering Associates, Inc., who is the Engineer. Contractor acknowledges that there may be items of Work for which Contractor is responsible to furnish or perform under the Contract Documents that are not shown or specified in the Contract Documents but are necessary for the proper execution, operation, and completion of the Work and which are reasonably inferable from the Contract Documents and/or which are required to achieve a fully functional Project.

Contractor shall provide all such items of Work as part of the Work without delay in its progress and without any increase in the Contract Times or Contract Sum. The Contract Documents are defined in the General Conditions. Terms used in this Agreement shall have the same meaning as those terms defined and used in the General Conditions, which are attached hereto and incorporated herein by reference as if fully restated herein. The priority of Contract Documents is set forth in Article 1 [Contract Documents] of the General Conditions.

B. To induce Owner to enter into this Agreement, Contractor makes the following material representations:

a. Contractor has carefully considered all material aspects of the Contract Documents, including without limitation, the Drawings and Specifications, Work locality, access routes, availability of materials and equipment, labor, market and environmental conditions resulting from a health crisis regardless of whether an infectious disease, epidemic, pandemic or isolated to areas from which such labor and materials are supplied and all local conditions and federal, state, local laws and regulations in effect as of the date of this Agreement that may affect the cost, progress, performance, or furnishing of the Work;

Page A-2 of A-19 4-23-2024

b. Contractor has carefully studied the Project, all real property encompassing and surrounding the Project, all reports of investigations and tests of subsurface and latent physical conditions at the Project or otherwise affecting the cost, progress, or performance of the Work;

c. Contractor has made or caused to be made all examinations, analyses, schedules, investigations and tests, borings and studies as it deems necessary for the performance of the Work for the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, borings, reports or similar data are required by Contractor for such purposes;

d. Based on Engineer’s submittal matrix, Contractor has prepared a Submittal Schedule and confirmed with its Subcontractors and suppliers that the necessary equipment and materials to complete the Work are available and will be delivered to the Site to timely complete the Work; submission of a Submittal Schedule shall not relieve Contractor of any of its obligations pertaining to Submittals as provided in the Contract Documents;

e. Contractor acknowledges and agrees that the Contract Times and Contract Price are sufficient in all respects to allow the Contractor to complete the Work in strict accordance with the Contract Documents, including any work inferred therefrom;

f. Contractor has examined and checked all Drawings and Specifications furnished by Owner for dimensions, quantities, types of materials, and coordination with other parts of the Work on this or related contracts and has given Engineer written notice of all conflicts, errors, omissions and/or discrepancies that it has discovered, or reasonably should have discovered, in the Contract Documents and the written resolution thereof by Engineer, is or will be acceptable to Contractor; Contractor acknowledges that it assumes full responsibility for any such known errors or omissions that it fails to bring to Owner’s attention and by starting Work, or any portion thereof, Contractor shall be deemed to have waived any objections to such errors or omissions in the Contract Documents;

g. Contractor acknowledges that the Work, construction, reconstruction, and services will occur during all seasons of the year, including winter and wet weather months and under winter and wet weather conditions; notwithstanding these conditions, Contractor acknowledges that it has informed itself of the weather history of the area of the Site, including without limitation, conditions documented by the National Oceanic and Atmospheric Administration (N.O.A.A.) for a 100-year history, and agrees to complete the Work and the Project within the Contract Times without exceeding the Contract Sum; and

h. Contractor’s Bid is true and accurate in all respects and includes all Work necessary to complete the Project within the Contract Times and without exceeding the Contract Price.

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2. THE TIME

A. Contractor shall be prepared to begin the Work within ten (10) consecutive calendar days of the execution of the Agreement. Notwithstanding anything to the contrary herein, Contractor shall not begin the Work unless and until Owner issues a written notice to proceed (“Notice to Proceed”). The above requirement shall not constitute a representation or guarantee of the date that Owner will issue a Notice to Proceed. Owner shall have 120 calendar days following the execution of this Agreement to issue the Notice to Proceed, during which time Contractor shall not be entitled to any increase in or change to the Contract Times or Contract Price. The Parties agree the Contract Times are considered essential elements of the Agreement.

B. Contractor agrees to achieve Substantial Completion of the Work within 375 calendar days of the Notice to Proceed and Final Completion of the Work within 440 calendar days of the Notice to Proceed. Specific interim completion deadlines are addressed in the Contract Documents.

C. If Contractor is delayed by a Force Majeure Event, as defined in the Contract Documents, and if such delay affects Work on the Critical Path of the Construction Schedule, then only the approved Construction Schedule and the Contract Times shall be adjusted, subject to and in strict conformance with the requirements of the Contract Documents, and only to the extent necessary to address such delay (but the total extension of all Critical Path Activities may not exceed the period of time required by Contractor, using its best efforts, to mitigate the effect of the delay). An extension of time shall be Contractor’s sole remedy for any delay caused by a Force Majeure Event. Contractor shall use its best efforts to mitigate the effects of any delay, whether or not it is caused by a Force Majeure Event.

Such best efforts shall not include the obligation to accelerate the Work. Acceleration of the Work is addressed separately in the Contract Documents.

D. Immediately upon (and not more than seventy two (72) hours following the commencement of the occurrence of a Force Majeure Event and not more than seventy two (72) hours following the commencement of the occurrence of an Owner Delay, as that term is defined in the Contract Documents, Contractor shall notify Owner and Engineer in writing, setting forth the cause of the delay, a description of the portions of the Work affected, and additional relevant details. Contractor’s failure to submit such required notices shall constitute a waiver of any claim for an extension of time by Contractor. In the case of a continuing delay caused by a Force Majeure Event, only one notice is necessary.

E. No adjustments shall be made to the Construction Schedule for any suspension, delay or interruption to the extent that performance would have been so suspended, delayed or interrupted by any other cause, including the fault or negligence of Contractor, to the extent the delay could have been mitigated by Contractor; or for which an equitable adjustment is provided or excluded under any other provision of the Contract Documents.

Owner’s exercise of any of its rights under the Contract Documents or Owner’s requirement of correction or re-execution of any Defective Work shall not, under any circumstances, be construed as interference with Contractor’s performance of the Work.

F. The remedies provided in Article 2 [The Time] of this Agreement and the General

Conditions, respectively, shall be the sole and exclusive remedies (in lieu of all other remedies whatsoever) of Contractor for any delay, interference, or hindrances in the performance of the Work, loss of productivity, impact damages and similar claims and

Page A-4 of A-19 4-23-2024 damages, whether or not contemplated by the Parties. In no event shall Contractor be entitled to any compensation or recovery of any damages in connection with any delay, including, without limitation, all direct costs, indirect costs, overhead costs (including field or home office overhead, using Eichleay formula or otherwise), taxes, interest, general and administrative expenses, profit and all effects, direct, indirect and consequential resulting from the delay including acceleration (actual or constructive), hindrance, disruption, interference, diminished bonding capacity, loss of productivity, impairment, manpower inefficiencies, lost opportunity, and “ripple effects,” impact damages or other similar remuneration (collectively “Delay Damages”). Except only for time extensions for a delay caused by a Force Majeure Event and as specifically provided in the Contract Documents, or for specified recoverable costs in cases of an Owner Delay (as that term is defined in the Contract Documents), Contractor hereby expressly waives, covenants and agrees not to assert any claims against Owner for Delay Damages which it or any Subcontractor or Supplier may incur as a result of any of the foregoing causes, delays, interferences, suspensions, rescheduling, changes in sequences, congestion, disruptions, or the like arising from, out of or in connection with any Force Majeure Event or any act or omission of Owner, its representatives or agents, it being understood and agreed that their sole and exclusive remedies shall be those set forth herein and in the Contract Documents.

3. LIQUIDATED DAMAGES

A. Contractor and Owner agree that all time limits stated in the Contract Documents are essential conditions of the Agreement, and Contractor’s performance (strictly, not substantially) in accordance with the Construction Schedule is the essence of this Agreement and therefore are material terms.

a. Contractor acknowledges and recognizes that Owner is entitled to full and beneficial use of the completed Work following expiration of the Contract Times, and Owner has scheduled the commencement of its activities based upon Contractor achieving certain Work by intermediate milestone dates and Substantial and Final Completion of all the Work within the Contract Times.

B. Contractor further acknowledges and agrees that if Contractor fails to complete certain

Work by specified milestone dates and/or fails to achieve Substantial Completion or Final Completion of any portion of the Work within the Contract Times, Owner will sustain extensive damages and serious loss because of such failures that may be difficult to calculate. Accordingly, Owner and Contractor agree Owner shall be entitled to retain or recover from Contractor, as liquidated damages, and not as a penalty, the sum of Three Thousand Dollars ($3,000) per day commencing upon the day following the expiration of a required milestone date and/or the date of Substantial Completion and the sum of One Thousand Dollars ($1,000) per day commencing upon the day following the expiration of the Final Completion Date and continuing until the required Work for any of the foregoing deadlines is completed. Liquidated damages in the amount as stated above also shall apply to any failure to open a road on time as outlined in the Summary of Work.

C. Because of the impracticality and difficulty of ascertaining and calculating Owner’s actual damages, such liquidated damages are hereby agreed to be a reasonable pre-estimate of and reasonable just compensation for the damages Owner will incur because of the delayed completion of the Work. Owner may deduct liquidated damages from any unpaid amounts then and thereafter due to the Contractor under this Agreement. Any liquidated

Page A-5 of A-19 4-23-2024 damages not so deducted from any unpaid amounts due to Contractor shall be payable to Owner by the date specified by Owner, but in no event less than fourteen (14) days from the date of Owner’s demand. Interest shall begin to accrue on the date such liquidated damages are due until paid and shall thereafter accrue at seven percent (7%) per annum. Contractor and Owner agree that the foregoing liquidated damages are intended to compensate Owner only for damages due to the late delivery of the Work and not for any damages that Owner may suffer because of other Contractor defaults.

Contractor’s payment (or deduction) of liquidated damages shall in no way restrict or limit Owner’s ability to recover (or Contractor’s liability for) damages suffered or incurred by Owner because of Contractor’s defaults unrelated to the late delivery of the Work under the Contract Documents.

D. Owner and Contractor explicitly agree and intend that the provisions of this Article 3 shall be fully enforceable by any tribunal exercising jurisdiction over any dispute between the parties arising under this Agreement. Each party hereby irrevocably waives any defenses available to it under law or equity relating to the enforceability of the liquidated damages provisions set forth in this Article 3. If for any reason Contractor’s obligation to pay any liquidated damages as set forth herein is deemed unenforceable, Owner shall be entitled to receive its actual damages sustained (notwithstanding anything in Article 52 [Waiver of Consequential Damages] of the General Conditions to the contrary) because of any circumstance entitling Owner to liquidated damages under this Article 3 [Liquidated Damages]. However, in no event shall the amount paid to Owner as actual damages exceed the amount that would have been calculated and paid as liquidated damages for delay to Owner.

E. Contractor shall not, on account of the liquidated damages set forth in this Article directly or indirectly or wholly or in part increase (or permit any increase in) the Contract Sum, or any fee or compensation it may be entitled to receive beyond what would have otherwise been charged in the absence of such a provision.

4. ASSIGNMENT OF CONTRACT

Contractor agrees that it shall not assign or transfer this Contract except with the Owner’s written consent. Contractor shall not assign either legally or equitably, any of the monies payable to it under this Agreement, or its claim thereto, except with the written consent of Owner. Owner may withhold such consent in Owner’s sole and absolute discretion.

5. THE CONTRACT PRICE

A. The Contract Price shall be the total of all lump sum amounts together with any Unit Price amounts based on the initial estimated quantities identified in the Contractor’s Bid.

B. The Contract Price shall be increased because of changes in scope and actual quantity determinations as provided under the provisions of the Contract Documents and reduced by such sums as Owner may lawfully deduct and retain, including without limitation, liquidated damages under the provisions of Article 3 [Liquidated Damages] of this Agreement.

C. Upon completion of the Work, Owner will issue a Change Order adjusting the Unit Price quantities to reflect the actual quantities of the Work performed under the Contract Documents and adjusting the total Contract Price accordingly. Payments shall be made in

Page A-6 of A-19 4-23-2024 accordance with the provisions of Articles 6 [Payment Procedures] and 7 [Substantial Completion].

6. PAYMENT PROCEDURES

A. Schedule of Values

a. Within ten (10) calendar days of the Notice to Proceed, Contractor shall prepare and submit to Engineer, a schedule of values for all of the Work (“Schedule of Values”) which includes quantities and prices of items which, when added together, equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as a basis for determining the proper amount of progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. The Schedule of Values shall conform to all requirements of the Contract Documents. Upon completing its review, Engineer will return the Schedule of Values to Contractor identifying any exceptions to the form or content of the proposed Schedule of Values. Contractor shall promptly revise and resubmit the Schedule of Values to address any exceptions noted by Engineer. As the Work progresses, Contractor shall modify the Schedule of Values to include any credits or approved change orders, or as otherwise required or allowed by Engineer. Contractor will modify the Schedule of Values to conform to any requirements requested by Engineer regardless of whether Contractor agrees or disagrees with the requested modification. Contractor shall incorporate the Schedule of Values into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the quantities completed.

B. Applications for Payments

a. Pursuant to the Construction Contract Retainage Act, Act No. 524, Michigan Public

Acts of 1980, as amended, MCL 125.1561 et seq., Owner hereby designates Engineer as the person to whom Applications for Payment shall be submitted.

Contractor hereby designates __________________________________________ as the person who will submit Applications for Payment to Owner.

b. No payment will be made for materials furnished which are not incorporated in the finished Work, unless otherwise agreed to in writing by Owner. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored, insured and secured at the Site or at another location agreed to in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner’s interest therein, all of which must be satisfactory to Owner.

c. Materials that may be considered for payment as stored material must be located on Owner’s property and/or within the State of Michigan. Contractor also must submit the request for payment for stored materials to Owner while the Schedule of Values is submitted to Engineer.

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d. Materials that that are not eligible for payment as stored materials include the following:

i. Perishable materials (example: cement, epoxy, etc.).

ii. Electronic hardware and/or software.

iii. Raw materials (un-fabricated steel, piping, etc.).

iv. Materials to be incorporated into the work in less than thirty (30) days or beyond one hundred, eighty (180) days.

v. Contractor’s equipment (formwork, shoring, etc.).

e. As an aid to Owner in evaluating estimates for progress payments, Contractor may be required to submit to Owner for approval a breakdown of some or all contract unit prices into their essential component parts. The sum of the component parts shall not exceed the total Contract Price on a per unit basis as established in the Bid.

f. Each month, following the Notice to Proceed, Contractor shall prepare and submit to Engineer for review a draft Application for Payment using AIA Documents G- 702 and G-703 or such other forms as Owner may allow, which shall be certified with a reference to the Federal False Claims Act. The Application for Payment shall reflect all Work completed since the prior Application (if any) and shall meet all other requirements of the Contract Documents. Each Application for Payment must strictly comply with and include all the following:

i. a notarized Contractor’s Declaration (on a form provided by Owner) declaring that it has not performed any Work, furnished any material, sustained any loss, damage or delay, for any reasons, including soil conditions encountered or created, or otherwise done anything for which it will ask, demand, sue for, or claim compensation from Owner other than as indicated on Contractor’s Declaration;

ii. receipts or other vouchers showing Contractor’s payments for materials and labor, including payments to Subcontractors;

iii. a current, properly completed notarized Sworn Statement, on the Michigan statutory form, listing each Subcontractor, supplier and laborer having a contract with Contractor in the current aggregate amount (including adjustments that have been issued as of that date) (Owner reserves the right to require Sworn Statements from Contractor’s Subcontractors);

iv. Partial Unconditional Lien Waivers and Releases in the form provided by Owner from each subcontractor, supplier and labor identified on Contractor’s Sworn Statement, or Subcontractor’s Sworn Statement, if requested;

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v. written consent of Contractor’s surety;

vi. a copy of the then current Construction Schedule Update as returned by Engineer with “No Exceptions”;

vii. certified payroll reports if, when and as required by Michigan law, and in a form reasonably acceptable to Owner;

viii. Daily Reports for each day covered by the time period relating to the Application for Payment and in the form required by the Contract Documents; and

ix. such other evidence requested by Owner to satisfy Owner that the Work for which payment is requested has been completed in conformance with the Contract Documents, and that all amounts which have previously been paid for Work performed have been properly distributed to the various Subcontractors, Sub-Subcontractors, laborer, and suppliers.

x. Contractor’s failure to include the documents and information set forth in items above shall render Contractor’s Application for Payment as invalid and of no effect, until such…