agenda oakland-macomb interceptor drain drainage board ... · clinton township, mi 48036 1. call...

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AGENDA

Oakland-Macomb Interceptor Drain Drainage Board Macomb and Oakland Counties

August 15, 2017 – 10 a.m.

Office of the Macomb County Public Works Commissioner 21777 Dunham Road

Clinton Township, MI 48036 1. Call meeting to order

2. Drainage Board Members:

Michael Gregg, Chair, Michigan Department of Agriculture and Rural Development Candice Miller, Macomb County Public Works Commissioner Jim Nash, Oakland County Water Resources Commissioner

3. Approval of the Meeting Agenda for August 15, 2017

4. Approval of Drainage District Board Meeting Minutes from July 26, 2017

5. Public Comment 6. Report/Update – Status of OMI Project, Segments 1 through 4, NESPS

Segment 1 – (FKE/NTH/McMahon) Segment 2, Contract 3 – (FKE/NTH/Lockhart) NESPS Gatehouse Rehabilitation Status – (FKE/NTH) Segment 3, Contract 4 – (FKE/NTH/Lockhart) Segment 4, Contract 5A/B – (FKE/NTH/Lockhart) Segment 4, Contract 6 – (FKE/NTH/Nichols) NESPS Pump 3 Design – (FKE/NTH/Lockhart) NIEA Downstream Repair – (FKE/NTH) GLWA/OMID Coordination – (FKE) OMID Rehabilitation Program – (FKE/NTH) AMP and GIS Program – (FKE)

7. Financial Reports – General Financial Report and Status of State Revolving Fund Financing and Other Financing (a) Segment 1 – (Conforti/McMahon) (b) Segment 3 – (Conforti/Lockhart) (c) Segment 4 – (Conforti/Nichols)

Segment 4 – EPA Project Segment 4 – NESPS Pump Install Segment 4 – NESPS Gatehouse – (Conforti/Lockhart)

8. Motion: Approve the following Invoices: (a) Reimbursement of Oakland County WRC-Incurred Expenses and Costs

(1) WRC Labor/Fringes/Non-Direct Labor Factor • Segment 4 $ 14,889.63 • Segment 4 NESPS Gatehouse $ 213.01

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(2) WRC Equipment Charges • Segment 4 $ 2,530.26 • Segment 4 NESPS Gatehouse $ 10.01

(b) Reimbursement of Macomb County-Incurred Expenses and Costs

(1) Force Account (Macomb Personnel) • Segment 4 $ 1,128.89 • O&M $ 3,632.53 • Invoice No. 7544-2017 $ 348.84

(c) Bodman OMID General Matters Invoice # 617967 O&M $ 496.25

(d) Clark Hill, PLC Oakland Macomb Intercounty Drain Invoice # 722569 O&M $ 1,552.50

(e) Dickinson Wright (1) Anthony V. Marrocco V. Oakland-Macomb Interceptor Drain Drainage Invoice # 1172622 O&M $ 2,729.20 (2) Anthony V. Marrocco V. Oakland-Macomb Interceptor Drain Drainage Invoice # 1180437 O&M $ 8,162.50

(f) Metco Flow Control Management Services Invoice # 1610-10 O&M $ 11,163.50

(g) NTH Consultants (1) NESPS Discharge Chamber CCA Invoice # 24 Seg. 4 $ 8,176.48 (2) AMP – Wastewater Asset Management Planning Services Invoice # 12 Seg. 4 $ 5,376.24 (3) Segment CCA/Prog Close-Out Invoice # 34 Seg. 4 $ 7,758.00

9. Diversion of flow from the Clinton-Oakland Sewage Disposal System update

10. CH2M update on NESPS Corrosion Mitigation Study

11. Memorandum from George P. Nichols, P.E. recommending the Board authorize the secretary to

execute the Professional Services Agreement with CH2M

12. Other Business

13. Closed Session: Confidential Attorney/Client Communication, Litigation and Legal Strategy/Advice

14. Adjourn

Next Regular Meeting: September 17, 2017 at the office of the Macomb County Public Works Office, 21777 Dunham Road, Clinton Township, Michigan at 10:00 a.m., Eastern Standard Time.

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MINUTES OF THE REGULAR MEETING OF THE DRAINAGE BOARD FOR THE OAKLAND-MACOMB INTERCEPTOR DRAIN DRAINAGE DISTRICT

July 26, 2017

Minutes of the regular meeting of the Drainage Board of the Oakland-Macomb Interceptor Drain Drainage District held at the office of the Macomb County Public Works Commissioner, 21777 Dunham Road, Clinton Township, Michigan on the 26th day of July, 2017, at 11 a.m. Eastern Standard Time. PRESENT: Mike Gregg, Deputy for Ms. Jamie Clover-Adams, Director of the Michigan Department of Agriculture and Rural Development (MDARD); Brian Baker, Chief Deputy for Candice Miller, Macomb County Public Works Commissioner (MCPWO); and Jim Nash, Oakland County Water Resources Commissioner (OCWRC). OTHERS PRESENT: Jason Edberg NTH Consultants; Brady Harrington, MDARD; Joseph Colaianne, Clark Hill; Holly Conforti, OC Fiscal Services; Sid Lockhart, OCWRC; Fritz Klingler, FK Engineering; Steven Korth, OCWRC; George Nichols, OCWRC; Evans Bantios, MCPWO; Anne Vaara, OCWRC; Jacklyn Thomas, OCWRC; Mark Pochodylo, CH2M; Jason Matteo, CH2M; Bill Desing, CH2M; John Basch, OCWRC. 1. Call meeting to order.

Chairperson Gregg called the meeting to order at 11:19 a.m.

2. Introduction of Drainage Board Members Michael Gregg, Chair, Michigan Department of Agriculture and Rural Development Brian Baker, Chief Deputy, Macomb County Public Works Jim Nash, Oakland County Water Resources Commissioner

3. Agenda.

Motion by Member Nash, supported by Member Baker, to approve the July 26, 2017 agenda as presented. AYES: Gregg, Baker, and Nash NAYS: None

4. Minutes.

Motion by Member Baker, supported by Member Nash, to approve the minutes from the June 20, 2017 meeting. AYES: Gregg, Baker, and Nash NAYS: None

5. Public Comment. None. 6. Report/Update – Status of OMI Project, Segments 1 through 4, NESPS. Mr. Klingler

updated the Board on the status of various projects.

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Segment 1 – Mr. Klingler said there has been no change in the status from the previous meeting. Segment 2, Contract 3 – Mr. Klingler said there has been no change in the status from the previous meeting. NESPS Gatehouse Rehabilitation Status – Mr. Klingler indicted this was under construction. The defective work should be corrected next week with surface restoration to continue. Segment 3, Contract 4 – Mr. Klingler reported the work was substantially complete. Due to weather issues, the restoration work needs to be redone. The closeout of the contract is pending. Segment 4, Contract 5A/B – Mr. Klingler said a final change order is pending along with the contract closeout. Segment 4, Contract 6 – Mr. Klingler stated a final change order is pending along with the contract closeout. NESPS Pump 3 Design – Mr. Klingler reported that the Pump 3 design matter is on hold at this time. NIEA Downstream Repair – Mr. Klingler indicated that flow control is now possible with decreased work times due to impacts from the ongoing Macomb Interceptor Drain (MID) repair. He also stated that work should be completed by the end of the month. GLWA/OMID Coordination – Mr. Klingler reported that a group has been attending monthly meetings to coordinate the construction, future work and review legal matters. OMID Rehabilitation Program – Mr. Klingler said contract closeout is pending. AMP and GIS Program – Mr. Klingler stated he expects to have a draft report to present at the August meeting. Motion by Member Nash, supported by Member Baker, to receive and file Mr. Klingler’s report. AYES: Gregg, Baker, and Nash NAYS: None

7. Pay Estimate. The following Pay Estimate was submitted to the Board for approval: Contract #5B – Lanzo Trenchless Technologies, Inc., Construction Estimate No. 19 for a reserve payment in the amount of $95,722 from the Oakland County Treasurer from retained funds plus interest for payment to the contractor. Motion by Member Baker, supported by Member Nash, to approve the Pay Estimate as presented. AYES: Gregg, Baker, and Nash NAYS: None

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8. Financial Reports. Ms. Conforti presented the financial reports for Segment 1 through 4 and NESPS. (a) Segment 1 – The Net Cash Balance is $90,297.13 after invoices and

reimbursements on the current agenda impacting the cash balance have been considered. The Life-to-Date Expenses are $49,582,928.18.

(b) Segment 3 – The Net Cash Balance is $618,865.58 after invoices and reimbursements on the current agenda impacting the cash balance have been considered. The Life-to-Date Expenses are $67,933,017.46.

(c) Segment 4 – The Net Cash Balance is $8,046,630.96 after invoices and reimbursements on the current agenda impacting the cash balance have been considered. The Life-to-Date Expenses are $18,671,608.85. Segment 4 – EPA Project – The Life-to-Date Expenses are $980,000. Segment 4 – NESPS Pump Install – The Life-to-Date Expenses are $192,021.33. Segment 4 – NESPS Gatehouse – The Life-to-Date Expenses are $3,763,057.88.

Motion by Member Nash, supported by Member Baker, to receive and file the financial report. AYES: Gregg, Baker, and Nash NAYS: None

9. Invoices. The following invoices were submitted to the Board for approval:

(a) Reimbursement of Oakland County WRC-Incurred Expenses and Costs (1) WRC Labor/Fringes/Non-Direct Labor Factor

• Segment 4 $ 13,368.14 • Segment 4 NESPS Gatehouse $ 273.85

(2) WRC Equipment Charges

• Segment 4 $ 1,976.17 • Segment 4 NESPS Gatehouse $ 12.85

(b) Reimbursement of Macomb County-Incurred Expenses and Costs

(1) Force Account (Macomb Personnel) • Segment 1 $ -0- • Segment 3 $ -0- • Segment 4 $ -0- • O&M $ -0- • Invoice No. 7448-2017 $ 37.38

(c) Clark Hill, PLC OMID Phase 2 Project – Acquisition of Northeast Pump Station Invoice # 714835 O&M $ 3,982.50

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(d) CSM Mechanical North East Pump Station VFD Control Room Services Invoice #2017-0096 O&M $ 42,600.00

(e) Dickinson Wright Anthony V. Marrocco V. Oakland-Macomb Interceptor Drain Drainage Invoice # 1172622 O&M $ 2,729.20

(f) Hubbell, Roth & Clark, Inc. (1) OMID Including NESPS Invoice # 0152728 O&M $ 51.36 (2) OMID Including NESPS Invoice # 0153075 O&M $ 244.29

(g) Metco OMIDDD Consulting Engineering Invoice # 1610-09 O&M $ 16,285.79

(h) NTH Consultants (1) NESPS Discharge Chamber CCA Invoice # 23 Seg. 4 $ 10,805.33 (2) AMP – Wastewater Asset Management Planning Services Invoice # 11 Seg. 4 $ 9,357.00 (3) Segment CCA/Prog Close-Out Invoice # 33 Seg. 4 $ 20,565.58

Motion by Member Baker, supported by Member Nash, to approve invoices 9(a) through 9(h) as presented. AYES: Gregg, Baker, and Nash NAYS: None

10. CH2M Proposal for H2S & Odor Mitigation Study. Jason Matteo from CH2M updated the Board with a PowerPoint presentation. There was discussion to extend the monitoring time period for the study. Motion by Member Baker, supported by Member Nash, to approve the not-to-exceed proposal amount of $151,570 under the Oakland County Purchasing Blanket Contract. AYES: Gregg, Baker, and Nash NAYS: None

11. Other Business. None.

12. Closed Session: Confidential Attorney/Client Communication, Litigation and Legal Strategy/Advice. Motion by Member Baker, supported by Member Nash, to move into closed session at 12:28 p.m. to discuss attorney-client privileged opinions of legal counsel.

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ROLL CALL VOTE: Gregg: AYE Baker: AYE Nash AYE Closed session adjourned at 1p.m.

13. Adjourn. Motion by Member Nash, supported by Member Baker, to adjourn the July 26, 2017 meeting. AYES: Gregg, Baker, and Nash NAYS: None

Next Regular Meeting: August 15, 2017 at the office of the Macomb County Public Works Office, 21777 Dunham Road, Clinton Township, Michigan at 10:00 a.m., Eastern Standard Time. I hereby certify that the foregoing constitutes the minuets of the Drainage Board for the Oakland-Macomb Interceptor Drain Drainage District, at a meeting held on July 26, 2017 and that the meeting was conducted and public notice was given in compliance with the Open Meetings Act, being Act 267, Public Acts of Michigan, 1976, and that the minutes were kept and will be or have been made available as required by the Act. IN WITNESS WHEREOF, I have hereunto affixed my official signature on this _____ day of August, 2017. _______________________________________________ Jim Nash, Secretary

August 15, 2017 Board Meeting

Oakland Macomb Interceptor Drain (OMID) Repairs

Project Progress Update

Prepared by:

F. Klingler, P.E., FK Engineering Assoc.

L. Gilbert, P.E., NTH Consultants, Ltd.

The following provides a status update as of the writing of this report (August 7, 2017) for the work completed for the Oakland-Macomb Interceptor Drain repair program (SRF Segments 1, 2, 3, 4, Contract 7 PCI-4 repairs, and other work):

SRF Seg 1: Contracts 1&2 Status– Complete, Closeout Pending

Construction Amount paid Under Contracts 1 and 2: $30,592,234 (100% of Adjusted Contract Amount) through January 30, 2015. Contract closeout is pending.

SRF Segment 2:

Contract 3 Base Contract Status – Final Completion

Construction Amt Invoiced: $18,089,266.41 (100.43% of Adjusted Contract Amt of $18,011,426.41) through 10/31/15 (does not consider final OCIP Adjustment).

Schedule Expended: 895 of 895 days for substantial completion (100%) through 7/31/14

Schedule Status: Complete on July 31, 2014; Overall Contract closeout will follow completion of the NESPS Discharge Chamber (Gatehouse) Emergency Repairs.

NESPS Gatehouse Rehab Status (Emergency Repairs): In Construction

Construction Amt Invoiced: $4,767,328.79 (94.0 % of Change Order 2-E adjusted Contract Amount of $5,071,783.70) through 8/31/16.

Schedule Expended: 750 of 420 days for substantial completion (100%+) through 7/31/17

Schedule Status: Delays to Substantial & Final Completion are due to outstanding non-conformance notices and related repair work that is currently being wrapped up.

• NESPS flow control is now possible, with somewhat decreased work times due to impacts from the ongoing MID Repair.

• The remaining Tnemec coating thickness repairs are underway, and expected to be complete by about 8/16/17. All other underground work is substantially complete. Surface restoration is expected to be substantially complete by end of August 2017.

OMIDDD August 16, 2017 Board Meeting

Page 2 of 4

SRF Segment 3: Contract 4 Status: Final Completion

Construction Amt Invoiced: $50,002,430.69 corresponding to 99.98% of the $50,020,359.33 current revised contract amount (following Change Order 9 approval), through 5/31/17.

Schedule Expended: Achieved Substantial Completion on 5/7/16 to meet revised contract date. Schedule Status: Final completion pending final approval of as-built drawings, with minor

seasonal site restoration pending

• As-built drawings substantially complete; and closeout of Contract pending.

SRF Segment 4 (Contracts 5A/B and 6) Status

Contract 5A/5B –Final Completion: Construction Amount Invoiced (C5A/B): $11,799,952.30 of the $11,899,952.30 current adjusted contract

amount (100 % complete), thru 6/30/17 (Contracts 5A+5B combined). Includes negotiated settlement to cover Owner costs related to Contractor Delays.

Schedule Expended: 100% - Contract was completed by the date of the negotiated substantial completion on 12/31/16.

Schedule Status: On time, based on the negotiated revised completion, as established by Change Order.

• Closeout and final change order Pending.

Gatehouse East Manifold with

Tapped Flange Holes

East Manifold Epoxy Coating

Peeling (to be replaced)

Modified/Repaired Vent Piping Complete


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Contract 6 – Final Completion:

Construction Amt Invoiced (C6): $3,135,688.33 (97.5%) of the $3,216,090.60 current contract

amount, through 12/31/2016. Final Contract amount will be adjusted following the OCIP deductive credit by Change Order

Schedule Expended: 100% - Contract was completed by the date of the negotiated substantial completion on 12/31/16.

Schedule Status: On Time, based on final negotiated schedule, as established by Change Order.

• Closeout and final change order pending.

Contract 7 (NIEA Emergency Rehabilitation) – In Construction Construction Amt Invoiced (C7): $ 826,381.96 (88.7%) of the $931,511.00 current contract amount,

through 1/31/2017

Schedule Expended: Notice to proceed 9/6/16. Day 297 (6/30/17) of 100 (100%+) for the contract substantial completion date of 12/15/2016.

Schedule Status: On time (excepting impact from PCI-12A collapse)

• NESPS flow control is now possible, with somewhat decreased work times due to impacts from the ongoing MID Repair.

• The remaining work includes the completion of the upstream transition/taper, which is currently ongoing

and expected to be complete by 8/18/17.

Final Taper in north

end of NIEA Repair

not complete (no

change in status from

last month)

Geospray Lining in

NIEA Repair (no

change in status

from last month)


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NESPS Pump 3 Design:

• Design is shelved at this time. GLWA has indicated that this is a high priority, and will be funded in 2018,

pending outcome of NESPS ownership and control issues.

GLWA/OMIDDD Coordination Efforts:

• Currently meeting every month to coordinate ongoing construction at NESPS and NIEA repairs.

• No major issues at this time, except coordination for resumption of work at NESPS after PCI-12A bypass.

• Meeting to discuss potential for transfer of operation/control of NESPS and/or downstream assets to

OMIDDD.

OMID Rehabilitation Program Closeout:

• Program final close-out pending completion of Contracts 3 (Gatehouse repairs) and 7.

AMP and GIS Program:

• Substantially complete with gathering existing data; preparing and updating Asset Management Plan

• Examined long term use and flow management options for OMID, Report pending.

• Preparing proposal for basis of design for long term use items.

Sep Oct Nov2011

Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov2012







Dec Jan Feb Mar2019

Apr

NetPoint® 5.2. Release 5.2.0.96. Build 7679. (Dec 15 2016 12:59:28) Schedule Unit: Days Criticality Factor: Float (Days: 0/118)

9/16ITB

10/1

BODStart

10/25

BidsDue

1/19NTP

1/22

FinalComp.

7/31

Sub.Comp.

4/10

BODComp.

4/25

BidOpening

8/6NTP

2/28

Forecast FCand As-Builts

OrderPumps &

VFDs

4/24

BODComp.

9/24

BidsDue

6/2

C5B ContractSC

5/7

ActualSC

12/25

Original ContractualSubstantial Completion

7/7

Original ContractualSubstantial Completion

6/17

C5B ContractFC

7/4ContractualSC

10/2 ContractualFC

12/19Sub.

Comp.

1/19

FinalComp.

4/3

ContractualSC

6/16

ContractualFC

1/29

DesignComplete

8/15

Forecast GatehouseSub. Comp.

8/31

Forecast GatehouseFinal Comp.and As-Builts

5/31C6 Actual SC

12/31

C5B ForecastSC

5/22 ContractFC

5/7ContractSC

2/28

C6 ForecastFC

2/28

C5B ForecastFC and

As-Builts

12/31Contract FC

12/15Contract SC

7/14

Segment 2As-Builts

10/1 Gatehouseand Segment 2

CloseoutComplete

5/1

Segment 3CloseoutComplete

6/1

Segment 4CloseoutComplete

8/31NI-EA CloseoutComplete

8/15Forecast SC

2/25ITB

8/1ITB

4/24

PartialNTP

4/21NTP

12/16NTP

1/20 1/22

Segment 2 Construction

1464

BidPeriod

40

BidEval.

86

BOD

193 4/24 1/18

Detailed Design

270 2/25 4/25

BidPeriod

60 5/3 8/6

FinalizeContract

96

1/20

NE Pump &VFDs ShopDrawings

102 5/1

Fab/Deliver Pumps & VFDs

325 3/22 7/31

Install Pumps& VFDs

Testing and S/U

132

8/7 1/20

Shaft Construction

532

Detailed Design

98

BidPeriod

55

6/4

Develop/IssueRFTS

28 7/2

VendorResponse

128 11/7 11/21

RFTS Evaluation/Recommendation

6/23 1/25

PCI-5 Repair

582

1/21 1/22

PCI-7 Repair

367

2/25 4/9

PCI-6 Repair

44

9/24 11/13

PCI-8 Repair

781

8/7 5/22

Segment 3 Overall Construction

1020

5/22

Restoration/Closeout/Testing/Weather

118

3/3

PCI-6 CO#2 Repair (Including Insurance Event)

694

4/17 6/17

Contract 5B Construction

428

12/16 4/3

Contract 6 Construction

475

10/15 3/31

Contract 5A Construction

168

12/26 7/31

Time Extension - COs 4, 5, 6, 7, & 8

218

7/8 11/4

Time Extension - CO 2 for additional lining

120

6/16

Closeout

74

5/11 10/2

NESPS Gatehouse Repair Construction

511

10/18 1/19

NESPS Pump 3 - Construction on Hold

459

Restoration

8/4 1/14

PCI-6 Insurance Eventand Pipe Repair

529 3/3

Finish PCI-6

49

7/19

Procurement

91

9/6 12/31

NI-EA Emergency Repairs

117

7/18/2017

Oakland-Macomb Interceptor Drainage District Summary Schedule - Rev 7/18/17

Segment 2 - NE PS modifications, PCI-5 Grout & Repairs, PCI-6 Grout & Repairs, PCI-7 Grout & Repairs, PCI-8 Grouting

Segment 3 - PCI-5, PCI-6, PCI-7, and PCI-8 Repair

Segment 4 - PCI-9, PCI-10A/B, PCI-11A Repairs

North East Pump Station Repairs

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8/1/2017 9:24 AM1 of 2

Water Resources CommissionerPROJECT WORK IN PROGRESS

Oakland Macomb InterceptorSeg1100000001272

(as of August 1, 2017)

Budget Amount Month-to-Date Expenses Life-to-Date Expenses LTD Variance

ADM - Administration 702000 - Salaries 0.00 134,074.05 719999 - Salaries NPF 0.00 19,433.83 730373 - Contracted Services 0.00 19.50 730653 - Equipment Rental 0.00 2,899.55 730772 - Freight and Express 0.00 828.08 730926 - Indirect Costs 0.00 76,015.24 731388 - Printing 0.00 499.16 731521 - Public Services 0.00 154,372.03 732018 - Travel and Conference 0.00 6.00 750294 - Material and Supplies 0.00 378.28 771638 - Drain Equip Labor 0.00 50,968.61 771639 - Drain Equipment 0.00 16,510.28

Administration TOTALS186,317.00 0.00 456,004.61 ($269,687.61)

CONT - Contingency Contingency TOTALS

2,882,540.00 0.00 0.00 $2,882,540.00

ENG - Engineering 702000 - Salaries 0.00 262,858.77 719999 - Salaries NPF 0.00 47,216.56 722000 - Fringe Benefits 0.00 -16.72 730639 - Engineering Services-Other 0.00 6.47 730653 - Equipment Rental 0.00 8,055.17 730772 - Freight and Express 0.00 14.98 731346 - Personal Mileage 0.00 449.86 731521 - Public Services 0.00 154,869.54 771638 - Drain Equip Labor 0.00 193,329.34 771639 - Drain Equipment 0.00 19,021.75

Engineering TOTALS488,319.00 0.00 685,805.72 ($197,486.72)

ENGCON - Engineering Consultant 730639 - Engineering Services-Other 0.00 10,305,406.47 731073 - Legal Services 0.00 2,646.00

Engineering Consultant TOTALS11,486,517.00 0.00 10,308,052.47 $1,178,464.53

FAC - Facility Acquisition 730373 - Contracted Services 0.00 992.00 731472 - Project Construction and Impr 0.00 30,592,233.94 731521 - Public Services 0.00 376.85 750294 - Material and Supplies 0.00 98.03

Facility Acquisition TOTALS28,825,480.00 0.00 30,593,700.82 ($1,768,220.82)

FRINGE_BENEFITS - Fringe Benefits

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8/1/2017 9:24 AM2 of 2




Budget Amount Month-to-Date Expenses Life-to-Date Expenses LTD Variance 702000 - Salaries 0.00 57,335.88 722000 - Fringe Benefits 0.00 198,945.45

Fringe Benefits TOTALS0.00 0.00 256,281.33 ($256,281.33)

INS - Inspection 702000 - Salaries 0.00 85,512.64 719999 - Salaries NPF 0.00 24,196.87 731521 - Public Services 0.00 83,298.50 771638 - Drain Equip Labor 0.00 5,761.25 771639 - Drain Equipment 0.00 39,225.18

Inspection TOTALS415,074.00 0.00 237,994.44 $177,079.56

LEGAL - Legal and Financial 730373 - Contracted Services 0.00 23,205.70 730940 - Insurance 0.00 1,922,703.89 731073 - Legal Services 0.00 4,853,705.94 731507 - Public Notices 0.00 1,253.40 793938 - Discount on Bonds 0.00 50,250.00

Legal and Financial TOTALS4,438,086.00 0.00 6,851,118.93 ($2,413,032.93)

ROW - Right of Way 702000 - Salaries 0.00 12,494.04 719999 - Salaries NPF 0.00 13.80 730373 - Contracted Services 0.00 22,817.50 730394 - Copy Charges 0.00 891.50 730653 - Equipment Rental 0.00 945.34 731038 - Land and Easement 0.00 156,804.00 771639 - Drain Equipment 0.00 3.68

Right of Way TOTALS37,667.00 0.00 193,969.86 ($156,302.86)

Project 100000001272 - Oakland Macomb InterceptorSeg1Total Project Expenses

Budget Amount Month-to-Date Expenses Life-to-Date Expenses LTD Variance$48,760,000.00 $0.00 $49,582,928.18 ($822,928.18)

Total Project RevenueAccount Month-to-Date Revenue Life-to-Date Revenue605572-Special Assessments $0.00 $31,484.20610314-Federal Capital Grants $0.00 $15,984,000.00631827-Reimb General $0.00 $815,078.48655077-Accrued Interest Adjustments $0.00 ($10,585.66)655385-Income from Investments $0.00 $91,662.63697551-Issuance of Bonds $0.00 $6,700,000.00697753-State Revolving Fund Loans $0.00 $26,076,000.00TOTAL REVENUE $0.00 $49,687,639.65

REVENUE OVER/(UNDER) EXPENSES $104,711.47

Print Date: Page:

8/1/2017 9:25 AM1 of 2





ADM - Administration 730772 - Freight and Express 0.00 237.38 730926 - Indirect Costs 0.00 86,331.69 730940 - Insurance 0.00 374,816.24 731521 - Public Services 0.00 72,238.27 732018 - Travel and Conference 0.00 160.44 771638 - Drain Equip Labor 0.00 216,953.03 771639 - Drain Equipment 0.00 19,268.57



4,581,277.00 0.00 0.00 $4,581,277.00

ENG - Engineering 702000 - Salaries 0.00 37.74 722000 - Fringe Benefits 0.00 -25.90 730772 - Freight and Express 0.00 85.13 731346 - Personal Mileage 0.00 528.54 731521 - Public Services 0.00 41,759.18 732018 - Travel and Conference 0.00 5,546.06 750140 - Employee Footwear 0.00 75.00 771638 - Drain Equip Labor 0.00 605,903.85 771639 - Drain Equipment 0.00 61,184.25

Engineering TOTALS1,063,145.00 0.00 715,093.85 $348,051.15

ENGCON - Engineering Consultant 730639 - Engineering Services-Other 0.00 12,459,293.91 730940 - Insurance 0.00 2,435.63 731458 - Professional Services 0.00 62,241.27

Engineering Consultant TOTALS12,471,892.00 0.00 12,523,970.81 ($52,078.81)

FAC - Facility Acquisition 731472 - Project Construction and Impr 0.00 50,042,242.12 731521 - Public Services 0.00 2,240.68

Facility Acquisition TOTALS45,738,545.00 0.00 50,044,482.80 ($4,305,937.80)

FRINGE_BENEFITS - Fringe Benefits 722000 - Fringe Benefits 0.00 25.90

Fringe Benefits TOTALS0.00 0.00 25.90 ($25.90)

INS - Inspection 731521 - Public Services 0.00 37,329.11


LEGAL - Legal and Financial

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8/1/2017 9:25 AM2 of 2




Budget Amount Month-to-Date Expenses Life-to-Date Expenses LTD Variance 730639 - Engineering Services-Other 0.00 209,748.13 730772 - Freight and Express 0.00 127.71 730940 - Insurance 0.00 2,894,717.09 731073 - Legal Services 0.00 449,564.79 731451 - Prof Svc-Financial Consultant 0.00 62,305.00

Legal and Financial TOTALS3,737,066.00 0.00 3,616,462.72 $120,603.28

ROW - Right of Way 731038 - Land and Easement 0.00 226,383.45 731661 - RW Negotiation and Expense 0.00 1,750.00

Right of Way TOTALS11,440.00 0.00 228,133.45 ($216,693.45)


Budget Amount Month-to-Date Expenses Life-to-Date Expenses LTD Variance$68,393,724.00 $0.00 $67,935,504.26 $458,219.74

Total Project RevenueAccount Month-to-Date Revenue Life-to-Date Revenue605572-Special Assessments $0.00 $3,253,724.00631827-Reimb General $0.00 $43,882.94655077-Accrued Interest Adjustments $0.00 ($991.18)655385-Income from Investments $0.00 $114,276.10697753-State Revolving Fund Loans $0.00 $65,140,000.00TOTAL REVENUE $0.00 $68,550,891.86


Print Date: Page:

8/1/2017 9:26 AM1 of 2





ADM - Administration 730926 - Indirect Costs 0.00 18,952.74 730940 - Insurance 0.00 67,772.13 731115 - Licenses and Permits 0.00 320,000.00 731521 - Public Services 0.00 14,235.58 771638 - Drain Equip Labor 0.00 2,951.99 771639 - Drain Equipment 0.00 181.02


ENG - Engineering 731521 - Public Services 0.00 39,476.11 771638 - Drain Equip Labor 0.00 413,632.19 771639 - Drain Equipment 0.00 48,479.44

Engineering TOTALS484,153.00 0.00 501,587.74 ($17,434.74)

ENGCON - Engineering Consultant 730639 - Engineering Services-Other 0.00 3,408,118.11 731073 - Legal Services 0.00 108.00

Engineering Consultant TOTALS3,275,248.00 0.00 3,408,226.11 ($132,978.11)

FAC - Facility Acquisition 731472 - Project Construction and Impr 0.00 14,136,042.90 731521 - Public Services 0.00 6,798.84 750294 - Material and Supplies 0.00 228.00

Facility Acquisition TOTALS15,225,614.00 0.00 14,143,069.74 $1,082,544.26

INS - Inspection 730373 - Contracted Services 0.00 473.03 731521 - Public Services 0.00 16,935.91

Inspection TOTALS17,408.00 0.00 17,408.94 ($0.94)

LEGAL - Legal and Financial 730639 - Engineering Services-Other 0.00 8,398.96 730940 - Insurance 0.00 54,526.58 731073 - Legal Services 0.00 124,753.11 793938 - Discount on Bonds 0.00 6,964.10

Legal and Financial TOTALS191,321.00 0.00 194,642.75 ($3,321.75)



Total Project RevenueAccount Month-to-Date Revenue Life-to-Date Revenue

Print Date: Page:

8/1/2017 9:26 AM2 of 2





605572-Special Assessments $0.00 $14,039,976.00615572-State Capital Grants $0.00 $947,247.30655077-Accrued Interest Adjustments $0.00 $26,863.48655385-Income from Investments $0.00 $296,823.63697551-Issuance of Bonds $0.00 $6,740,000.00697753-State Revolving Fund Loans $0.00 $8,490,000.00TOTAL REVENUE $0.00 $30,540,910.41

REVENUE OVER/(UNDER) EXPENSES $11,851,881.67

Print Date: Page:

8/1/2017 9:28 AM1 of 1


OMI Segment 4 EPA Project100000002098



FAC - Facility Acquisition 731472 - Project Construction and Impr 0.00 980,000.00

Facility Acquisition TOTALS980,000.00 0.00 980,000.00 $0.00

Project 100000002098 - OMI Segment 4 EPA ProjectTotal Project Expenses

Budget Amount Month-to-Date Expenses Life-to-Date Expenses LTD Variance$980,000.00 $0.00 $980,000.00 $0.00

Total Project RevenueAccount Month-to-Date Revenue Life-to-Date Revenue610314-Federal Capital Grants $0.00 $485,000.00697551-Issuance of Bonds $0.00 $495,000.00TOTAL REVENUE $0.00 $980,000.00

REVENUE OVER/(UNDER) EXPENSES $0.00

Print Date: Page:

8/1/2017 9:52 AM1 of 1


NESPS Pump Install Seg4100000002041



ADM - Administration 730926 - Indirect Costs 0.00 535.47

Administration TOTALS5,000.00 0.00 535.47 $4,464.53

ENG - Engineering 771638 - Drain Equip Labor 0.00 9,128.98 771639 - Drain Equipment 0.00 387.33

Engineering TOTALS15,000.00 0.00 9,516.31 $5,483.69

ENGCON - Engineering Consultant 730639 - Engineering Services-Other 0.00 181,969.55

Engineering Consultant TOTALS200,000.00 0.00 181,969.55 $18,030.45

FAC - Facility Acquisition Facility Acquisition TOTALS

3,268,155.00 0.00 0.00 $3,268,155.00

Project 100000002041 - NESPS Pump Install Seg4Total Project Expenses

Budget Amount Month-to-Date Expenses Life-to-Date Expenses LTD Variance$3,488,155.00 $0.00 $192,021.33 $3,296,133.67

Total Project RevenueAccount Month-to-Date Revenue Life-to-Date Revenue605572-Special Assessments $0.00 $200,000.00TOTAL REVENUE $0.00 $200,000.00


Print Date: Page:

8/1/2017 9:27 AM1 of 1


OMI NESPS GATEHOUSE SEG4100000002232



ADM - Administration 730926 - Indirect Costs 0.00 187.26 771638 - Drain Equip Labor 0.00 53.43

Administration TOTALS9,472.00 0.00 240.69 $9,231.31


93,209.00 0.00 0.00 $93,209.00

ENG - Engineering 771638 - Drain Equip Labor 0.00 3,976.03 771639 - Drain Equipment 0.00 248.55

Engineering TOTALS59,699.00 0.00 4,224.58 $55,474.42

ENGCON - Engineering Consultant 730639 - Engineering Services-Other 0.00 537,470.10

Engineering Consultant TOTALS496,981.00 0.00 537,470.10 ($40,489.10)

FAC - Facility Acquisition 731472 - Project Construction and Impr 0.00 3,220,135.11

Facility Acquisition TOTALS3,748,637.00 0.00 3,220,135.11 $528,501.89

INS - Inspection 771638 - Drain Equip Labor 0.00 1,156.21 771639 - Drain Equipment 0.00 54.21


LEGAL - Legal and Financial Legal and Financial TOTALS

6,000.00 0.00 0.00 $6,000.00

Project 100000002232 - OMI NESPS GATEHOUSE SEG4Total Project Expenses


Total Project RevenueAccount Month-to-Date Revenue Life-to-Date RevenueTOTAL REVENUE 0

REVENUE OVER/(UNDER) EXPENSES ($3,763,280.90)

84912 84914 84915 84915 84915 82912

1-1272 1-1557 1-1913 1-2232 1-2232

Payable To Invoice # Segment 1 Segment 3 Segment 4 Seg 4 NESPS Gate Seg 4 NIEA - East Arm O & M Total

Oakland County * WRC/Labor/Fringes/Non-direct Labor 14,889.63 213.01 $15,102.64

Oakland County * WRC Equipment 2,530.26 10.01 $2,540.27

Oakland County * WRC Mileage/Parking $0.00

Macomb County Labor Reimbursement 1,128.89 3,632.53 $4,761.42

Macomb County Invoice 7544-2017 348.84 $348.84

Bodman OMID General Matters Inv # 617967 496.25 $496.25

Clark Hill Inv # 722569 Professional Services through 06/30/17 1,552.50 $1,552.50

Dickinson Wright Anthony V. Marrocco v OMI Invoice # 1172622 2,729.20 $2,729.20

Dickinson Wright Anthony V. Marrocco v OMI Invoice # 1180437 8,162.50 $8,162.50

Metco Invoice # 1610-10 Period 07/03/17-07/31/17 11,163.50 $11,163.50

NTH Consultants, Ltd Invoice #12 AMP - Wastewater Asset Mgmt Planning Srvs 5,376.24 $5,376.24

NTH Consultants, Ltd Invoice # 24 NESPS Discharge Chamber CCA 8,176.48 $8,176.48

NTH Consultants, Ltd Invoice #34 Seg 4 CCA/Prog Close-out 7,758.00 $7,758.00

$0.00 $0.00 $31,683.02 $8,399.50 $0.00 $28,085.32 $68,167.84

0.00 0.00 (17,419.89) (223.02) 0.00 0.00 (17,642.91)

$0.00 $0.00 $14,263.13 $8,176.48 $0.00 $28,085.32 $50,524.93

Total Invoices/Reimbursements for Approval

* Less WRC Charges already paid from OMI Fund

Total Invoices/Reimbursements that will impact Cash Balance listed on Current Trial Balance

submitted to OMI Drain Board

OAKLAND MACOMB INTERCEPTOR DRAINAGE BOARD - APPROVAL OF INVOICES/REIMBURSEMENTS

OMI DD Meeting Date 08/15/2017

Amount

Form DC–001

OAKLAND COUNTY WATER RESOURCES COMMISSIONER Page 1 of 4 Rev.: 11/05/08

OAKLAND COUNTY WATER RESOURCES COMMISSIONER MEMORANDUM

TO: Oakland Macomb Interceptor Drain Drainage Board

FROM: Navid Mehram, P.E.; Chief Engineer Brian Coburn, P.E.; Assistant Chief Engineer

SUBJECT: Diversion of Flow from the Clinton-Oakland Sewage Disposal System DATE: August 8, 2017

I am happy to report that the WRC concluded the second year of diverting the flow from the Clinton-Oakland Sewage Disposal System (COSDS) to the Clinton River Water Resource Recovery Facility (CRWRRF), which was formerly known as the Pontiac Wastewater Treatment Facility. We were successful in meeting our 30% annual diversion and presented the data to the Wastewater Analytics Task Force (WATF) on August 4, 2017. There were no comments regarding these results. On the heels of that success, we need to report about an emergency situation at the CRWRRF Auburn Plant. On the morning of June 29, 2017, while completing an annual cleaning and inspection of the four treatment trains, there was a sudden structural failure causing the southwest portion of the base slab and the adjacent wall to rise up about 18 to 20 inches (see attached photos). This occurred while aeration tank No. 2 was being drained. Concurrently, the water level in the adjacent aeration tank No. 3 equalized to match aeration tank No. 2. That indicated a direct hydraulic connection had developed between the two tanks. There was minor damage to aeration tank No. 1. The draining process has occurred numerous times at the facility. In fact, cleaning the aeration tanks is an integral part of our best management practices. Currently, the facility is limited to treatment train No. 4 with a maximum capacity of seven million gallons per day (MGD). We are diligently working to repair the minor damage to train No. 1 to put back into service as quickly as possible. This will increase our capacity to 14 MGD, which remains significantly less than the plant’s capacity of 22 MGD. At this time, we are able to divert approximately 3.5 MGD which represents 13% of the flow from the COSDS to the CRWRRF. We also are working to complete the minor repairs to aeration tank No.1. Once completed, we will be able to divert approximately 6.5 MGD which is 25% of the flow. The remaining two treatment trains will be out of service for an unknown period of time. We are hopeful that if the two aeration tanks are repaired by the end of October, that will provide enough time to meet our annual average diversion amount of 30% (see attached graph). We have provided notification to Great Lakes Water Authority regarding the emergency operation of the diversion and will continue to provide them updates.

Form DC–001


Rate Year 2018 Expectations Assuming Repair of No. 2 and No 3. Aeration Tanks by 10/27/2017

Form DC–001


Form DC–001


OAKLAND COUNTY WATER RESOURCES COMMISSIONER MEMORANDUM

TO: Oakland-Macomb Interceptor Drain Drainage District

FROM: George P. Nichols, P.E., Civil Engineer III

SUBJECT: Professional Services Agreement with CH2M DATE: August 15, 2017

At the Board’s July 26, 2017 meeting, representatives from CH2M delivered a PowerPoint presentation about an odor and corrosion control study at the Northeast Sewage Pumping Station (NESPS). Following the presentation, the Board tentatively approved a proposal from CH2M for a not-to-exceed amount of $151,570. As part of its service, CH2M will identify the odor / corrosion sources and estimate the hydrogen sulfide emissions from those sources. In addition to other services outlined in its proposed contract, CH2M also will determine the impact from those sources on the NESPS, the adjacent interceptor sewers, related facilities and the surrounding communities. A copy of the proposed professional services contract between the District and CH2M is attached. Recommendation Approve the attached Professional Services Contract and authorize the secretary to execute it.

OAKLAND-MACOMB INTERCEPTOR DRAIN DRAINAGE DISTRICT

PROFESSIONAL SERVICES CONTRACT

Date through Date: August 15, 2017 – November 17, 2017

Contract - NOT TO EXCEED AMOUNT $151,570

A Non-Purchasing Contract

This "Contract" made this 15th day of August, 2017 between the OAKLAND-MACOMB INTERCEPTOR DRAIN DRAINAGE DISTRICT, a Chapter 21 drain formed pursuant to Public Act 40 of 1956, as amended, hereinafter called “OMID”, by and through its Secretary, the Oakland County Water Resources Commissioner, and CH2M. (as further described in the following Table) and herein after referred to as “Consultant.” In this Contract, either Consultant or the OMID may also be referred to individually as a “Party” or jointly as the “Parties.”

OMIDDD c/o Oakland County Water Resources

Commissioner One Public Works Drive

Waterford, MI 48328 248-858-0958

(herein, the "OMID")

CH2M

41850 W. 11 Mile Road, Suite 101 Novi, MI 48375 586-453-8666

(herein the “Consultant”) This Contract is organized and divided into the following “Section” or “Sections” for the

convenience of the Parties. Section 1. CONTRACT DOCUMENTS AND DEFINITIONS

Section 2. CONTRACT EFFECTIVE DATE, EARLY TERMINATION

Section 3. SCOPE OF CONSULTANT'S SERVICES

Section 4. OMID PAYMENT OBLIGATION FOR CONSULTANT'S SERVICES

Section 5. CONSULTANT ASSURANCES AND WARRANTIES; CONFIDENTIALITY

Section 6. CONSULTANT PROVIDED INSURANCE AND INDEMNIFICATION

Section 7. GENERAL TERMS AND CONDITIONS

In consideration of the mutual promises, obligations, representations, and assurances in this Contract, the Parties agree to the following:

SECTION 1. CONTRACT DOCUMENTS AND DEFINITIONS

The following words and expressions when printed with the first letter capitalized as shown herein, whether used in the singular or plural, possessive or nonpossessive, and/or either within or without quotation marks, shall be defined and interpreted as follows:

1.1. The term “Agreement” shall be defined as this Contract and the Attachments annexed hereto.

Further, any mutually agreed to written amendments by the Parties shall also be included within the definition of “Agreement.”

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

1.3. The term “Consultant” shall be defined, for purposes of this Agreement, to include, without limitation, any and all employees, officers, directors, members, managers, and representatives of the Consultant, and shall also include, to the extent that they are involved in the provision of any services set forth in this Agreement, any and all Consultant licensees, and/or any such persons, successors or predecessors, employees, (whether such persons act or acted in their personal, representative or official, capacities), and/or any and all persons acting by, through, under, or in concert with any of them and/or the Consultant.

1.4. The term “Contract Administrator” or “the OMID’s Contract Administrator” shall be defined as the person or persons identified by the OMID from time to time to administer the duties imposed upon the OMID through this Agreement.

1.5. “Contract Documents” shall include this Contract and fully incorporates herein all of the following documents:

1.5.1 Exhibit A: Scope of Services and Fee Estimate by CH2M dated July 18, 2017

1.6. “Day” means any calendar day, which shall begin at 12:00:01 a.m. and end at 11:59:59 p.m.

1.7. The term “Manager” or "the Contract Manager" shall be defined as the person or persons identified by the Consultant from time to time to coordinate with the OMID's Contract Administrator the Consultant’s provision of services required by this Agreement.

1.8. The term “OMID” shall be defined as “Oakland-Macomb Interceptor Drain Drainage District,”

whose address is One Public Works Drive, Waterford, Michigan 48328. The term OMID shall include any and all OMID appointed officials, directors, board members, council members, committees employees, departments, divisions, volunteers, representatives, and/or any such persons, successors (whether such persons act or acted in their personal representative or official capacities), including any person who fell within the definition of the OMID anytime during the

term of this Agreement but, for any reason, is no longer employed, appointed, or elected and serving, and excluding the Consultant as defined herein.

SECTION 2. CONTRACT EFFECTIVE DATE, EARLY TERMINATION

2.1 The effective date of this Agreement shall be the date which appears on the first page, and unless otherwise terminated or canceled as provided below, it shall end at 11:59:59 p.m. on the “Contract Expiration Date” shown on the first page of this Contract, at which time this Agreement expires without any further act or notice of either Party being required. Except as otherwise expressly provided for herein, this Agreement and/or any proposed amendments to this Agreement, shall not be effective or binding, and no payments shall be due or made to Consultant for any Services until and unless:

2.1.1 This Agreement is signed by the Consultant, specifically by an individual who is legally

authorized to bind the Consultant.

2.1.2 Any and all required Certificates of Insurance, for Consultant purchased insurance as required by the OMID, have been delivered to the OMID and/or its Agents as provided herein and any other conditions precedent to the Agreement have been submitted and accepted by the OMID.

2.2. The OMID may terminate and/or cancel this Agreement (or any part thereof) at any time during the term, any renewal, or any extension of this Agreement, upon written notice to the Consultant, for any reason, including convenience without incurring any obligation or penalty of any kind. The effective date for termination or cancellation shall be clearly stated in the written notice.

2.2.1 The OMID's sole obligation in the event of termination is for payment for actual services rendered by the Consultant before the effective date of termination. Under no circumstances shall the OMID be liable for any future loss of income, profits, any consequential damages or any loss of business opportunities, revenues, or any other economic benefit Consultant may have realized but for the termination and/or cancellation of this Contract. The OMID shall not be obligated to pay Consultant any cancellation or termination fee if this Contract is cancelled or terminated as provided herein.

2.3. Consultant may terminate and/or cancel this Contract (or any part thereof) at anytime upon thirty (30) days’ written notice to the OMID.

SECTION 3. SCOPE OF CONSULTANT’S SERVICES

The Consultant will provide to the OMID the services as set forth in Exhibit A and in this Agreement, as may be amended or changed from time to time. 3.1 PROPOSED SERVICES 3.1.1 Identify the odor/corrosion sources and estimate odor and H2S emissions form those sources. 3.1.2 Determine the impact of the sources on the Northeast Sewage Pumping Station (NESPS),

the adjacent interceptor sewers, related facilities, and the surrounding community.

3.1.3 Determine the level of odor/corrosion control needed to reduce or eliminate the impact on this critical infrastructure.

3.1.4 Evaluate the required controls to determine the most cost-effective odor and corrosion control

method to mitigate impacts to the NESPS to an acceptable level. 3.2 CONSULTANT PERSONNEL 3.2.1. The Consultant will assign a Contract Manager to the OMID. This person will coordinate

activities with the OMID’s Contract Administrator. 3.3 EXPENSES

3.3.1 It is understood by the OMID that the Consultant’s expenses are set forth in Exhibit A. The expenses set forth in Exhibit A are not subject to change without prior written consent of the OMID.

SECTION 4. OMID PAYMENT OBLIGATIONS FOR CONSULTANT’S SERVICES

4.1 Pricing. The OMID agrees that as compensation for all services rendered through this Agreement, the OMID will pay a rate in accordance the fees and costs provided in Exhibit A.

4.2 In no event shall the OMID’s amount due and owing the Consultant for any and all services rendered exceed the amount identified as the “NOT TO EXCEED AMOUNT” on the first page of this Contract. The Consultant shall be obligated to suspend services under this Contract in the event the Consultant can reasonably foresee the total billings for its services will exceed this NOT TO EXCEED AMOUNT. The Consultant shall provide the OMID with written notice of this contingency at least fifteen (15) days before this event.

4.3 On or before the 15th of each month during the term of this Contract, the Consultant shall submit

to the Contract Administrator an invoice for payment for the work performed during the preceding calendar month. The OMID shall have no obligation to make payment until a proper invoice of service is submitted. The OMID reserves the right to make partial payments on account of the amount due the Consultant as the work progresses.

4.4 Under no circumstances shall the OMID be responsible for any cost, fee, fine, penalty, or direct,

indirect, special, incidental or consequential damages incurred or suffered by Consultant in connection with or resulting from the Consultant’s providing any services under this Contract.

4.5 The OMID has the right to offset any amounts due and owing to the Consultant should the OMID

incur any cost associated with this Contract that is the obligations of Consultant under this Contract.

4.6 Unless expressly provided herein, this Contract does not authorize or require any IN-KIND

services be provided by the OMID or any OMID Agent for the Consultant.

SECTION 5. CONSULTANT’S ASSURANCES AND WARRANTIES; CONFIDENTIALITY

5.1. General Warranty. The Consultant acknowledges that the OMID is relying on the Consultant’s professional skill and judgment to provide the services set forth in this Agreement, and the Consultant warrants that the services provided pursuant to this Agreement will be fit for the OMID’s intended purposes. The Consultant further warrants that each of Consultant’s employees assigned to perform any work hereunder, shall have the proper skills, training, and background so as to be able to perform in a competent and professional manner and that all work will be so performed.

5.2. Business and Professional Licenses. The Consultant will obtain and maintain at all times during the term of this Contract all applicable business and professional licenses necessary to provide the contracted services.

5.3. Equipment and Supplies. The Consultant is responsible for providing equipment and supplies not expressly required to be provided by the OMID herein. Except as expressly provided herein, the OMID shall not be liable for any expenses incurred by the Consultant in performing services for the OMID.

5.4. Taxes. The Consultant pays, and will continue to pay, its own local, state and federal taxes, including without limitation, social security taxes, and unemployment compensation taxes, and will file its own annual and/or quarterly tax returns with the proper federal, state and local authorities. Unless expressly agreed to otherwise in this Contract, the OMID shall not be liable to or required to reimburse the Consultant for any federal, state and local taxes or fees of any kind.

5.5. Consultant’s Incidental Expenses. Except as expressly provided in this Contract, the Consultant shall be solely responsible and liable for all costs and expenses incident to the performance of all services for the OMID including, but not limited to, any professional dues, association fees, license fees, fines, taxes, and penalties.

5.6. Consultant Employees.

5.6.1 Consultant shall employ and assign qualified employees as necessary and appropriate to provide the services under this Contract. Consultant shall ensure all its employees have all the necessary knowledge, skill, and qualifications necessary to perform the required services and possess any necessary licenses, permits, certificates, and governmental authorizations as may required by law.

5.6.2 Consultant shall solely control, direct and supervise all its employees with respect to all Consultant obligations under this Contract. Consultant will be solely responsible for and fully liable for the conduct and supervision of any its employees.

5.6.3 All employees of Consultant assigned to provide services under this Contract by the Consultant shall, in all cases, be deemed employees of the Consultant and not employees, agents of the OMID. Nothing in this Contract is intended to establish an employer-employee between the OMID and the Consultant or any employee of Consultant.

5.7. Employee-Related Expenses. Any and all employees of Consultant shall be employed at the Consultant’s own and sole expense (including employment related taxes and insurance) and the

Consultant warrants that its employees shall fully comply with and adhere to all of the terms of this Contract. Consultant shall indemnify and hold the OMID harmless in any Claim against the OMID by any employee for any wages or benefits including, but not limited to, Worker’s Compensation, salary, profit sharing, bonuses, retirement benefits, pension, vacation pay, sick pay, merit increases, annual leave days, promotion, disability pay, or other insurance of any kind, or any other rights or liabilities arising out of any contract for hire or employer-employee relationship between the Consultant and its employees.

SECTION 6. CONSULTANT PROVIDED INDEMNIFICATION AND INSURANCE

6.1. Indemnification.

6.1.1 Consultant shall indemnify, defend and hold the OMID harmless from any and all Claims which are incurred by or asserted against the OMID by any person or entity, alleged to have been caused or found to arise, from the acts, performances, errors, or omissions of Consultant or Consultant’s Employees, including, without limitation, all Claims relating to injury or death of any person or damage to any property.

6.1.2 The indemnification rights contained in this Contract are in excess and over and above any valid and collectible insurance rights/policies.

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

6.1.4 Consultant waives and releases all actions, liabilities, loss and damage including any subrogated rights it may have against the OMID based upon any Claim brought against the OMID suffered by a Consultant Employee.

6.1.5 Consultant Provided Insurance. At all time during this Contract, Consultant shall obtain and maintain insurance with certain minimum limits as required by the OMID as set forth in Exhibit B.

6.15.1 All Certificates are to provide thirty (30) days’ notice of material change or cancellation. If requested, Certificates of Insurance and insurance binders must be provided no less than ten (10) working days before commencement of work to the Oakland County Water Resources Commissioner’s office. Insurance carriers are subject to the approval of the OMID.

SECTION 7. GENERAL TERMS AND CONDITIONS.

7.1 Cumulative Remedies. A Party’s exercise of any remedy shall not preclude the exercise of any other remedies, all of which shall be cumulative. A Party shall have the right, in its sole discretion, to determine which remedies are to be exercised and in which order.

7.2 Survival of Terms and Conditions. The following terms and conditions shall survive and continue in full force beyond the termination and/or cancellation of this Contract (or any part thereof) until the terms and conditions are fully satisfied or expire by their very nature:

“CONSULTANT’S ASSURANCES AND WARRANTIES”;

“CONSULTANT PROVIDED INSURANCE AND INDEMNIFICATION”;

“Audit”;

“Severability”;

“Governing Law/Consent to Jurisdiction and Venue”; and

“Survival of Terms and Conditions”.

7.3 OMID Right to Suspend Services. Upon written notice, the OMID may suspend performance of this Contract if Consultant has failed to comply with federal, state, or local laws, or any requirements contained in this Contract. The right to suspend services is in addition to the OMID’s right to terminate and/or cancel this Contract. The OMID shall incur no penalty, expense, or liability to Consultant if the OMID suspends services under this Section.

7.4 No Third Party Beneficiaries. Except as provided for the benefit of the Parties, this Contract does not and is not intended to create any obligation, duty, promise, contractual right or benefit, right to be indemnified, right to be subrogated to the Parties’ rights in this Contract, and/or any other right, in favor of any other person or entity.

7.5 Compliance with Laws. Consultant shall comply with all federal, state, and local laws, statutes, ordinances, regulations, insurance policy requirements, and requirements applicable to its activities under this Contract.

7.6 Permits and Licenses. Consultant shall be responsible for obtaining and maintaining throughout the term of this Contract all licenses, permits, certificates, and governmental authorizations necessary to perform all of its obligations under this Contract and to conduct business under this Contract. Upon request by the OMID, Consultant shall furnish copies of any permit, license, certificate or governmental authorizations necessary to provide services under this Contract.

7.7 Discrimination. Consultant agrees not to discriminate against any employee or applicant for employment because of sex, race, religion, color, national origin, or handicap in accordance with rules and regulations promulgated by Federal (Compliance Responsibility for Equal Employment Opportunity -- Chapter 60, 60-1, 4, No. 1-7) and State (Standards and Procedures for Executive Directive 1975-6, Section II-C, IV-C, and V-A&B) agencies and related Federal and State laws and regulations.

7.8 Consultant shall promptly notify the OMID of any complaint or charge filed and/or determination by any Court or administrative agency of illegal discrimination by Consultant.

7.9 The OMID, in its discretion, may consider any illegal discrimination described above as a breach of this Contract and may terminate or cancel this Contract immediately with written notice.

7.10 Reservation of Rights. This Contract does not, and is not intended to impair, divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, or immunity of the OMID.

7.11 Force Majeure. Notwithstanding any other term or provision of this Contract, neither Party shall be liable to the other for any failure of performance hereunder if such failure is due to any cause beyond the reasonable control of that Party and that Party cannot reasonably accommodate or mitigate the effects of any such cause. Such cause shall include, without limitation, acts of God, fire, explosion, vandalism, any law, order, regulation, direction, action, or request of the United States government or of any other government (including state and local governments or of any department, agency, commission, court, bureau, corporation, or other instrumentality of any one or more of said governments), national emergencies, insurrections, riots, wars, strikes, lockouts, work stoppages, or other labor difficulties. Reasonable notice shall be given to the affected Party of any such event. The Consultant is expected, through insurance or alternative temporary or emergency service arrangements, to continue its obligations under this contract in the event of a reasonably anticipated, insurable business risk such as business interruption and/or any insurable casualty or loss.

7.12 Conflict of Interest. Pursuant to Public Act 317 and 318 of 1968, as amended (MCL 15.321, et seq.), no contracts shall be entered into between the OMID, including all agencies and departments thereof, and any OMID Agent. To avoid any real or perceived conflict of interest, Consultant shall identify any Consultant Employee or relative of Consultant’s Employees who are presently employed by the OMID. Consultant shall give the OMID notice if there are any OMID Agents or relatives of OMID Agents who are presently employed by Consultant.

7.13 Project Managers. Each Party shall designate an employee or agent to act as a Project Manager. The Project Managers shall serve as contact point for all matters related to the Services to be performed under this Contract. The Consultant’s Project Manager shall coordinate with the OMID’s Project Manager. The Consultant shall provide the name and qualifications of its Project Manager and an alternate. The Consultant’s Project Manager shall be available to the OMID at all times by telephone, during the course of project implementation and on-site within twenty-four (24) hours.

7.14 Dispute Resolution. All disputes arising under or relating to the execution, interpretation, performance, or nonperformance of this Contract involving or affecting the Parties may first be submitted to the respective Project Managers for possible resolution. The Project Managers may promptly meet and confer in an effort to resolve such dispute. If the Project Managers cannot resolve the dispute in five (5) business days, the dispute may be submitted to the signatories of this Contract or their successors in office. The signatories of this Agreement may meet promptly and confer in an effort to resolve such dispute.

7.15 Access and Records. Consultant will maintain accurate books and records in connection with the services provided under this Contract for thirty-six (36) months after end of this Contract, and provide the OMID with reasonable access to such book and records.

7.16 Audit. Consultant shall allow the OMID’s auditing division, or an independent auditor hired by the OMID, to perform finance compliance audits with the authority to access all pertinent records and interview any Consultant Employee throughout the term of this Contract, but no more frequently than once annually, and for a period of three years after final payment. Before such audit, the OMID shall give Consultant reasonable advance written notice of the intended audit.

7.17 Consultant shall explain any audit finding, questionable costs, or other Contract compliance deficiencies to the OMID within forty-five (45) days of receiving the final audit report. Consultant’s response shall include all necessary documents and information that refute the final

audit report. Failure by Consultant to respond in writing within forty-five (45) days shall be deemed acceptance of the final audit report.

7.18 Within forty-five (45) days of Consultant’s written response, the OMID shall notify Consultant in writing of its final determination and position. If the OMID concludes that Consultant owes any money to the OMID, the OMID will notify Consultant of the payment due under the Contract. If Consultant agrees with the OMID’s audit findings, Consultant shall pay the OMID an amount, which the audit found, should have been paid to the OMID under this Contract. Consultant’s payment to OMID must be made within sixty (60) days of written notice by the OMID that the money should have been paid to OMID under the Contract. In the event Consultant disputes the OMID’s audit findings, Consultant may hire an independent auditor to confirm the OMID’s findings. Consultant shall pay the OMID any amounts that the Consultant audit found should have been paid to the OMID under this Contract. Consultant’s payment to OMID shall be made within thirty (30) days of completion of the Consultant audit.

7.19 Non Exclusive Contract. No provision in this Contract limits, or is intended to limit, in any way the Consultant's right to offer and provide its services to the general public or other business entities, municipalities or governmental agencies, during or after the term of this Contract. Similarly, this Contract is a non-exclusive agreement, and the OMID may freely engage other persons to perform the same work that the Consultant performs. This Contract shall not be construed to guarantee the Consultant or any Consultant Employee any number of fixed or certain number or quantity of hours or services to be rendered to the OMID.

7.20 No Implied Waiver. Absent a written waiver, no act, failure, or delay by a Party to pursue or enforce any right or remedy under this Contract shall constitute a waiver of those rights with regard to any existing or subsequent breach of this Contract. No waiver of any term, condition, or provision of this Contract, whether by conduct or otherwise, in one or more instances, shall be deemed or construed as a continuing waiver of any term, condition, or provision of this Contract. No waiver by either Party shall subsequently affect its right to require strict performance of this Contract.

7.21 Reservation of Rights. The OMID reserves to itself any and all rights and obligations relating to its existence and operation as a constitutional corporation as provided for by law, and this Agreement does not, and is not intended to, diminish, delegate, divest, impair, or contravene any constitutional statutory, and/or other legal right, privilege, power, obligation, duty, capacity, immunity, or character of office of the OMID. In addition to the Consultant services rendered pursuant to this Agreement, the OMID, in its sole judgment and discretion and subject to its fiscal and staffing constraints, reserves the right to supplement any Consultant services, as solely deemed appropriate by the OMID. Consultant agrees to cooperate in all regards with the OMID or any OMID Agents, including any other possible OMID Consultants, in the provision of any such OMID authorized supplemental service or efforts.

7.22 Severability. If a court of competent jurisdiction finds a term, condition, or provision of this Contract to be illegal or invalid, then the term, condition, or provision shall be deemed severed from this Contract. All other terms, conditions, and provisions of this Contract shall remain in full force and effect. Notwithstanding the above, if Consultant’s promise to indemnify or hold the OMID harmless is found illegal or invalid, Consultant shall contribute the maximum it is permitted to pay by law toward the payment and satisfaction of any Claims against the OMID.

7.23 Captions. The section and subsection numbers, captions, and any index to such sections and subsections contained in this Contract are intended for the convenience of the reader and are not intended to have any substantive meaning and shall not be interpreted to limit or modify any substantive provisions of this contract. Any use of the singular or plural number, any reference to the male, female, or neuter genders, and any possessive or nonpossessive use in this contract shall be deemed the appropriate plurality, gender or possession as the context requires.

7.24 Notices. Notices given under this Contract shall be in writing and shall either be personally delivered, sent by express delivery service, certified mail, or first class U.S. mail postage prepaid, and addressed to the person listed below. Notice will be deemed given when one of the following occur: (1) the date of actual receipt; (2) the next business day when notice is sent express delivery service or personal delivery; or (3) three days after mailing first class or certified U.S. mail.

7.25 If notice is sent to the Consultant, it shall be addressed to:

Mr. Jason Matteo, P.E. CH2M 41850 W. 11 Mile Road, Suite 101 Novi, MI 48375 (586) 453-8666 7.26 If notice is sent the OMID, it shall be addressed to:

Oakland-Macomb Interceptor Drain Drainage District c/o Oakland County Water Resources Commissioner

One Public Works Drive, Building 95-W Waterford, MI 48328

7.27 Either Party may change the address or individual to which notice is sent by notifying the other party in writing of the change.

7.28 Contract Modifications or Amendments. Any modifications, amendments, recessions, waivers, or releases to this Contract must be in writing and agreed to by both Parties. Unless otherwise agreed, the modification, amendment, recession, waiver, or release shall be signed by an expressly authorized Consultant Employee and by the same person who signed the Contract for the OMID or other OMID Agent.

7.29 Precedence of Documents. In the event of a conflict between the terms and conditions in any of the documents comprising this Contract, the conflict shall be resolved as follows:

The terms and conditions contained in this main Contract document shall prevail and take precedence over any allegedly conflicting provisions in all other Exhibits or documents.

7.30 Governing Laws/Consent to Jurisdiction and Venue. This Contract shall be governed, interpreted, and enforced by the laws of the State of Michigan. Except as otherwise required by law or court rule, any action brought to enforce, interpret, or decide any Claim arising under or related to this Contract shall be brought in the Sixth Judicial Circuit Court of the State of Michigan, an appropriate district court of the State of Michigan, or the United States District Court for the Eastern District of Michigan, Southern Division, as dictated by the applicable jurisdiction of the court. Except as otherwise required by law or court rule, venue is proper in the courts set forth

above. The choice of forum set forth above shall not be deemed to preclude the enforcement of any judgement obtained in such forum or taking action under this Contract to enforce such judgement in any appropriate jurisdiction.

7.31 Entire Contract. This Contract represents the entire Contract and understanding between the Parties. This Contract supercedes all other prior oral or written understandings, communications, agreements or Contracts between the Parties. The language of this Contract shall be construed as a whole according to its fair meaning, and not construed strictly for or against any Party.

The undersigned executes this Contract on behalf of Consultant and the OMID, and by doing so legally obligates and binds Consultant and the OMID to the terms and conditions of this Contract.

FOR THE CONSULTANT

BY: _______________________________ DATE: _______________________

_________________________ appeared in person before me this day and executed this Contract on behalf of Consultant and acknowledged to me under oath that s/he has taken all actions and secured any and all necessary approvals and authorizations and has the requisite authority from Consultant to fully and completely obligate and bind Consultant to the terms and conditions of this Contract and any and all other documents incorporated by reference and also acknowledged to me under oath having been provided with copies and having read and reviewed all Contract documents including all documents incorporated by reference.

Subscribed and sworn to before me on this ___________day of ________________, 2017.

Notary Public

County

My commission expires:

Acting in County

FOR THE OMID:

BY: DATE: ________________________ Jim Nash, Secretary Oakland County Water Resources Commissioner

EXHIBIT A

EXHIBIT B

CONSULTANT INSURANCE REQUIREMENTS During this Contract, the Consultant shall provide and maintain, at their own expense, all insurance as set forth and marked below, protecting the OMID against any Claims, as defined in this Contract. The insurance shall be written for the coverages herein specified. Primary Coverages Commercial General Liability Occurrence Form including: (a) Premises and Operations; (a) Products and Completed Operations (including On and Off Premises Coverage); (c) Personal and Advertising Injury; (d) Broad Form Property Damage; (e) Independent Consultants; (f) Broad Form Contractual including coverage for obligations assumed in this Contract; $1,000,000 – Each Occurrence Limit $1,000,000 – Personal & Advertising Injury $2,000,000 – Products & Completed Operations Aggregate Limit $2,000,000 – General Aggregate Limit $ 100,000 – Damage to Premises Rented to You (formally known as Fire Legal Liability) Workers’ Compensation Insurance with limits statutorily required by any applicable Federal or State Law and Employers Liability insurance with limits of no less than $500,000 each accident, $500,000 disease each employee, and $500,000 disease policy limit. 1. ☒ Fully Insured or State approved self-insurer.

2. ☐ Sole Proprietors must submit a signed Sole Proprietor form.

3. ☐ Exempt entities, Partnerships, LLC, etc., must submit a State of Michigan form WC-337 Certificate of Exemption. Commercial Automobile Liability Insurance covering bodily injury or property damage arising out of the use of any owned, hired, or non-owned automobile with a combined single limit of $1,000,000 each accident. This requirement is waived if there are no company owned, hired or non-owned automobiles utilized in the performance of this Contract. Commercial Umbrella/Excess Liability Insurance with minimum limits of $2,000,000 each occurrence. Umbrella or Excess Liability coverage shall be no less than following form of primary coverages or broader. This Umbrella/Excess requirement may be met by increasing the primary Commercial General Liability limits to meet the combined limit requirement. Supplemental Coverages (Required as Checked) 1. ☒ Professional Liability/Errors & Omissions Insurance (Consultants, Technology Vendors, Architects, Engineers, Real Estate Agents, Insurance Agents, Attorneys, etc.) with limits of $5,000,000 per claim and $5,000,000 aggregate. 2. ☒ Commercial Property Insurance. The Consultant shall be responsible for obtaining and maintaining insurance covering their equipment and personal property against all physical damage.

3. ☐ Liquor Legal Liability Insurance with a limit of $1,000,000 each occurrence shall be required when liquor is served and/or present.

4. ☐ Pollution Liability Insurance with minimum limits of $1,000,000 per claim and $1,000,000 aggregate when cleanup & debris removal are part of the services utilized.

5. ☐ Medical Malpractice with minimum limits of $1,000,000 per claim and $1,000,000 aggregate.

6. ☐ Garage Keepers Liability with minimum limits of $1,000,000 per claim and $1,000,000 aggregate.

7. ☐ Cyber Liability with minimum limits of $1,000,000 per claim and $1,000,000 aggregate.

8. ☐ Other Insurance Coverages as may be dictated by the provided product/service and deemed appropriate by the Drainage District. General Insurance Conditions The aforementioned insurance shall be endorsed, as applicable, and shall contain the following terms, conditions, and/or endorsements. All certificates of insurance shall provide evidence of compliance with all required terms, conditions and/or endorsements. 1. All policies of insurance, except Workers Compensation and Professional Liability, shall be on a primary, non-contributory basis with any other insurance or self-insurance carried by the OMID; 2. The insurance company(s) issuing the policy(s) shall have no recourse against the OMID for subrogation (policy endorsed written waiver), premiums, deductibles, or assessments under any form. All policies, except Professional Liability, shall be endorsed to provide a written waiver of subrogation in favor of the OMID; 3. Any and all deductibles or self-insured retentions shall be assumed by and be at the sole risk of the Consultant; 4. Consultants shall be responsible for their own property insurance for all equipment and personal property used and/or stored on drainage district property; 5. The Commercial General Liability and Commercial Automobile Liability policies along with any required supplemental coverages shall be endorsed to name the Oakland-Macomb Interceptor Drain Drainage District and it officers, directors, employees, appointees and commissioners as additional insured where permitted by law and policy form; 6. The Consultant shall require its Consultants or sub-Consultants, not protected under the Consultant’s insurance policies, to procure and maintain insurance with coverages, limits, provisions, and/or clauses equal to those required in this Contract; 7. Certificates of insurance must be provided no less than ten (10) Business Days prior to the OMID’s execution of the Contract and must bear evidence of all required terms, conditions and endorsements; and 8. All insurance carriers must be licensed and approved to do business in the State of Michigan and shall have and maintain a minimum A.M. Best’s rating of A- unless otherwise approved by the OMID.