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HomeMy WebLinkAboutResolutions - 1989.08.03 - 17290Miscellaneous Resolution # 89189 August 3, 1989 BY: GOVERNMENT & TRANSPORTATION COMMITTEE- Richard G. Skarritt, Chairperson RE: ROAD COMMISSION-APPROVAL OF MICHIGAN DEPARTMENT OF TRANSPORTATION CONTRACT, GIDDINGS/SILVER BELL PROJECT TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS the reconstruction of Silverbell Road from Giddings to GTW railroad bridge has been programmed as Oakland County Road Commission Project #39721; and WHEREAS this Board agrees to participate in the project and has received proposed Michigan Department of Transportation Contract #89-0541 for; The reconstruction of Silverbell Road from approximately 616 feet easterly to 809 feet easterly of Giddings Road to provide a four-lane roadway with curb and gutter; the adjustment or construction of drainage structures as may be required; and all together with necessary related work; WHEREAS Paragraph 9 of proposed Contract #89-0541 states: 9. This contract shall become binding on the parties hereto and of full force and effect upon the signing thereof by the duly authorized officials for the parties hereto; upon the adoption of the necessary resolutions approving said contract and authorizing the signatures thereto of the respective officials of the BOARD OF ROAD COMMISSIONERS and THE BOARD OF COMMISSIONERS OF THE COUNTY OF OAKLAND, certified copies of which resolutions shall be attached to this contract. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves Michigan Department of Transportation Contract #89 -0541 for the reconstruction and joint repair of Silverbell Road from Giddings Road to the GTW railroad bridge in Orion Township, Oakland County, Michigan. BE IT FURTHER RESOLVED that the Board Chairperson be and is hereby authorized to execute the contract on behalf of the Board of Commissioners. Mr. Chairperson, on behalf of the Government & Transportation Committee, I move the adoption of the foregoing resolution. OVERNMENT- & TRANSPORTATION COMMITTEE Resolution # 89189 Augilst 3, 1989 Moved by Skarritt supported byCrake the resolution be adopted. AYES: Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Calandro, Chester, Crake, Ferrens, Gosling, Hobart, Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick. (26) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) - 1, Lynn D. Allen, Clerk of the County of Oakland -3nd having a seal, do hereby certify that I have compared the annexed copy of the attached resolution adopted by the Oakland County Board of Commissioners at their regular meeting held on August a, 1989 with the original record thereof now remaining in my office, and that it is a true and correct transcript therefrom, and of the whole thereof, !ci Testimony Whereof, i have hereunto set my hand and affixed the seal or said County at Pontiac, Michigan this • .3rd „day of ALIQUSt : 89 ITY-ffq791-. ALLEN, County Clerk/Register of AUG 2 3 1989 SEP -5 JAMES P. RIZ, DIRECTOR 00 n.,7 nTATIoil ew.r:r,p-Fsloti WILLIAM C. MARSHALL RODGER D. YOUNG HANNES METERS, jR. STEPHEN F. ADAMN! SHIRLEY E. ZELLER NANSI [RENE ROV[lE LH 0-0 (7/09) 'FATE OF MiCHIGAN JAMES J. BLANCHARD, GOVERNOR DEPARTMENT OF TRANSPORTATION TRANSPORTATION BUILDING, 425 WEST OTTAWA POST OFFICE BOX 30050, LANSING', MICFRGAN 48909 PHONE: (517) 373-2090 (Vo)ce arTd TOO) FAX NO.: 517) 373-0167 :57 August 21, 1969 Oakland Co. Bd. of Comm. 1200 N. Telegraph Rd. Pontiac, MI Dear Ladies and Gentlemen: RE: MOOT Contract No. 89-0541 Enclosed is a fully executed copy of the above-noted agreement. Sincerely yours, Barbara J. Hayes, Acting Administrator Financial Services Division BY: _ Donald L. Morgan, Conb:act Analyst Agreements Section Enclosure BJH:DLM:kam 8/24/89 This fully executed copy was forwarded today to Becky Wischman to attach to Misc. Res. #89189, dated 8/3/89. R. Underwood An Equal Opportunity Employer URBAN DIR Project MR 2059(246) Job Number 21754 Control Section MUR 63459 Fed Item 4 UF 1694 Contract No 89-0541 PART I THIS CONTRACT, consisting of PART I and PART II (Standard • Agreement Provisions), is made and entered9 ,4to this • /774- day of , A.D., 19zY , by and between the MICHIGAN DEPARTMVIT OF TRANSPORTATION, hereinafter referred to as the "DEPARTMENT"; and the BOARD OF COUNTY ROAD • COMMISSIONERS OF THE COUNTY OF OAKLAND, MICHIGAN, hereinafter referred to as the "BOARD OF ROAD COMMISSIONERS"; and BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF OAKLAND, MICHIGAN, hereinafter referred to as the "BOARD OF COUNTY COMMISSIONERS", for the purpose of fixing the 'rights and obligations of the parties in agreeing to the following improvements, in Oakland County, Michigan, hereinafter referred to as the "PROJECT" and estimated in detail on EXHIBIT "I", dated April 24, 1989, attached hereto and made a part hereof: The reconstruction of Silver Bell Road from approximately 616 feet easterly to 809 feet easterly of Gidding Road to 'provide a four-lane roadway with curb and gutter; the adjustment or construction of drainage structures as may be required; and all together with necessary related work. WITNESSETH: WHEREAS, pursuant to Federal law, monies have been provided for the performance of certain improvements on public roads; and WHEREAS, the PROJECT, at the request of the BOARD OF ROAD COMMISSIONERS, is being programmed with the United States Department of Transportation, Federal Highway Administration, hereinafter referred to as the "FHWA", for implementation with the use of Federal funds under the following Federal program: URBAN SYSTEMS PROGRAM WHEREAS, the parties have previously entered into Contract # 81-0308 dated May 5, 1981, Contract # 80-1137 and Contract # 80- 1413 both dated November 4, 1980 by and between the DEPARTMENT, the COUNTY ROAD COMMISSIONERS and the BOARD OF COUNTY COMMISSIONERS covering the preliminary engineering, the 08/25/86 urban.m 05/09/89 1 financing, the design and construction or reconstruction of roadways serving the Orion Township General Motors Plant; and WHEREAS, the PROJECT work under this agreement is work that was not completed under Contract 4 81-03087 and WHEREAS, the parties hereto have reached an understanding with each other regarding the performance of the PROJECT work and desire to set forth this understanding in the form of a written agreement, NOW, THEREFORE, in consideration of the premises and of the mutual undertakings of the parties and in conformity with applicable law, it is agreed: 1. The parties hereto approve of and shall undertake and complete the PROJECT in accordance with the terms of this contract. 2. The term "PROJECT COST", as herein used, is hereby defined as the cost of the physical construction necessary for the completion of the PROJECT including the costs of construction engineering and inspection as may be incurred by the DEPARTMENT and any and all other expenses in connection with the above. The costs right-of-way is excluded from the PROJECT COST as defined by this contract. 3. The DEPARTMENT is authorized by this contract to administer all phases of the PROJECT and will advertise and award the PROJECT work except that work which will be performed by the BOARD OF ROAD COMMISSIONERS as provided in Section 4. In addition, the DEPARTMENT at PROJECT expenses will provide the project engineer and will perform the construction engineering and inspection services necessary for the completion of the PROJECT. Any items of PROJECT COST incurred by the DEPARTMENT may be charged to the PROJECT. 4. The BOARD OF ROAD COMMISSIONERS in accordance with DEPARTMENT procedure and at no cost to the PROJECT or to the DEPARTMENT will provide all right-of-way or additional right-of- way necessary for the completion of the PROJECT. 5. The PROJECT cost shall be met in part by contribution by the Federal Government and in part by a portion of the $1,000,000 contribution made by the BOARD OF COMMISSIONERS pursuant to Sections 3 and 4, Part I of previously mentioned Contract # 80-1413. The balance of the PROJECT cost after deduction of Federal funds and BOARD OF COMMISSIONERS funds will be paid with DEPARTMENT funds. 08/25/86 urban.m 05/09/89 2 It is understood that the BOARD OF ROAD COMMISSIONERS is under no legal obligation to provide any financial assistance from any source available to it whatsoever to the PROJECT cost. 6. Upon completion of construction of the PROJECT, the BOARD OF ROAD COMMISSIONERS will promptly cause to be enacted and enforced such ordinances or regulations as may be necessary to prohibit parking in the roadway right-of-way throughout the limits of the PROJECT, 7. The requirements and legal or financial obligations as mutually agreed by the parties hereto under the provisions of •Contract 81 -0308, Contract # 80 -1137, and Contract # 80 -1413 'shall remain in full force and effect 8. The contracting parties do hereby agree to be bound by all of the provisions and conditions set forth in PART II hereof which are applicable to the PROJECT. The reference to the REQUESTING PARTY in PART II related to maintenance and operation of the PROJECT shall be constructed - to mean the BOARD OF COUNTY ROAD COMMISSIONERS. 08/25/86 urban.m 05/09/89 3 BOARD OF COUNTY ROAD COMMISSIONERS OF THE COUNTY OF OAKLAND Title: perek: chigaz„,-.27,g/t) MICHIGAN DEPARTMENT OF TRANSPORTATION , warn ac reery 08p,(Ity Oirecior HIGHWAy5,-- • By V/d:4C DIRECTOR AGENDA 9. This contract shall become binding on the parties hereto and of full force and effect upon the signing thereof by the duly authorized officials for the parties hereto; upon the adoption of the necessary resolutions approving said contract and authorizing the signatures thereto of the respective officials of the BOARD OF ROAD COMMISSIONERS and the BOARD OF COMMISSIONERS OF THE COUNTY OF OAKLAND, certified copies of which resolutions shall be attached to this contract. IN WITNESS WHEREOF, the parties hereto have caused this .contract to be executed the day and year first above written. BOARD OF COMMISSIONERS OF THE COUNTY OF OAKLAND BY Title: / BY2nOiaLj Title: 08/25/86 urban.m 05/09/89 - 4 Reconstruction and JOIDL Repair of Silverbell Orion Township Project MR 2059 (246) Job Number 21754 Control Section MDR 63459 Fed Item # UF 1694 Contract No. 89-0541 °CRC Project No, 39721 COPY OF RESOLUTION ADOPTED BY THE BOARD OF COUNIYiROAD COMMISSIONERS OF THE coma OF OAKLAND, MICHIGAN, UNDER DATE OE-. JUN— 8 hith WHEREAS, this Board has prograumed the reconstruction of Silverbell Road from Giddings to GM railroad bridge as OCRC Project Number 39721; and . WHEREAS, this Board has received proposed Michigan Department of Transportation Contract No. 89-0541 for: The reconstruction of Silverbell Road from approximately 616 feet easterly to 809 feet easterly of Giddings Road to provide a four-lane roadway with curb and gutter; the adjustment or construction of drainage structures as may be required; and all together with necessary related work; WHEREAS, paragraph 9 of proposed Contract No. 89-0541 states: 9. This contract shall become binding on the parties hereto and of full force and effect upon the signing thereof by the duly authorized officials for the parties hereto; upon the -adoption of the necessary resolutions approving said contract and authorizing the signatures thereto of the respective officials of the BOARD OF ROAD COMMISSIONERS and the BOARD OF COMMISSIONERS OF THE COUNTY OF OAKLAND, certified copies of which resolutions shall be attached to this contract. NOW, THEREFORE, BE IT RESOLVED that this Board approves Michigan Department of Transportation Contract No. 89-0541 for the reconstruction and joint repair of Silverbell Road from Giddings Road to the GTW railroad bridge in Orion Township, Oakland County, Michigan; and by this resolution authorizes Lawrence E. Littman and James E. Lanni to execute the contract on behalf of the Board. I hereby certify that the above is a true and correct copy of a resolution adopted by the Board of County Road Commissioners of the County of Oakland, the State of Michigan, under date of JUN 8 1989 Michele Parnin, Deputy Secretary-Clerk of the Board EXHIBIT I April 24, 1989 PROJECT MR 2059(246) JOB NUMBER 21754 CONTROL SECTION MUR 63459 ESTIMATED COST CONTRACTED WORK Estimated Cost Including Contingencies TOTAL ESTIMATED COST (CONTRACTED) Construction Engineering & Inspection TOTAL ESTIMATED COST (BY DEPARTMENT) GRAND TOTAL $150,000 $150,000 $ 22,500 $ 22,500 $172,500 COST PARTICIPATION GRAND TOTAL ESTIMATED COST Less Federal Funds BALANCE (BOARD OF COMMISSIONERS OR STATE FUNDS) $172,500 $129,375 $ 43,125 08/25/86 urban.m 05/09/89 5 DOT TYPE B BUREAU OF HIGHWAYS 07-01-87 PART II STANDARD AGREEMENT PROVISIONS SECTION I COMPLIANCE WITH REGULATIONS AND DIRECTIVES SECTION II PROJECT ADMINISTRATION AND SUPERVISION SECTION III ACCOUNTING AND BILLING SECTION IV MAINTENANCE AND OPERATION SECTION V SPECIAL PROGRAM AND PROJECT CONDITIONS 1 SECTION I COMPLIANCE WITH REGULATIONS AND DIRECTIVES A. All work shall be performed in accordance with the require- ments and procedures of the DEPARTMENT. B. All work on projects for which reimbursement with Federal funds is requested shall be performed in accordance with the requirements and guidelines set forth in the following , Directives of the Federal-Aid Highway Program Manual (FHPM) of the FHWA, as applicable, and all supplements and amend- ments thereto. 1. Engineering a. FRPM Volume 1, Chapter 4, Section 5: Reimbursement for Employment of Public Employees on Federal-Aid Projects b. FHPM Volume 6, Chapter 1, Section 2, Subsection 1: Preliminary Engineering c. FHPM Volume 1, Chapter 7, Section 2: Administra- tion of Negotiated Contracts d. FHPM Volume 6, Chapter 4, Section 1, Subsection 6: Contract Procedures 2. Construction a. FHPM Volume 1, Chapter 4, Section 4: Utility Relocations and Adjustments (PPM 30-4) b. FHPM Volume 1, Chapter 4, Section 5: Reimbursement for Employment of Public Employees on Federal-Aid Projects c. FHPM Volume 6, Chapter 4, Section 1, Subsection 6: Contract Procedures d. FHPM Volume 6, Chapter 4, Section 1,SUbsection 14: - Contract and Force Account (jOstification .required for Force Account work) e. FHTM Volume 6, Chapter 6, Section 3, Subsection 2: Accommodation of Utilities (PPM 30-4.1) f. FHPM Volume 6, Chapter 8, Section 3, Subsection 1: Traffic Control Devices on Federal-Aid and other Streets and Highways 05/01/27 2 3. Modification Or Construction Of Railroad Facilities a. FHPM Volume 1, Chapter 4, Section 3: Reimbursement for Railroad Work b. FHPM Volume 6, Chapter 6, Section 2, Subsection 1: Railroad Highway Projects C. In conformance with.FHPM Volume 6, Chapter 3, Section 1, Subsection 1: Project Agreements, the political subdivisions party to this contract, on those Federally funded projects which exceed a total cost of $100,000.00; stipulate the following with respect to their specific jurisdictions: That any facility to be utilized in perforMance under or to benefit from this contract is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities issued pursuant to the requirements of the Federal Clean Air Act, as amended, and the Federal 'Water Pollution Control ..Act, as amended. 2. That they each agree to comply with all of the require- ments of Section 114 of the Federal Clean Air Act and Section 308 of the Federal Water Pollution Control Act, and all regulations and guidelines issued thereunder. 3. That as a condition of federal aid pursuant to this contract they shall notify the DEPARTMENT of the receipt of any advice indicating that a facility to be utilized in performance under or to benefit from this contract is under consideration to be listed on the EPA List of Violating Facilities. D. In addition, the following will apply to the following types of projects. 1. Projects funded with Federal-Aid secondary monies, Federal Bridge Replacement monies on the Federal-Aid Secondary System, or monies under the Federal Safer-Off System Program (Section 219 Title 23 USC) a. The Secondary Road Plan Agreement between the DEPARTMENT and the FHWA b. FHPM Volume 6, Chapter 3, Section 2, Subsection 9: Secondary Road Plan 2. TOPICS type projects a. FHPM Volume 6, Chapter 8, Section 2, Subsection 2: Urban .Traffic Operations Program to Increase Capacity and Safety (TOPICS) 05/01/87 3 1. E. All the requirements, guidelines, conditions and restric- tions noted in all other pertinent Directives and Instruc- tional Memoranda of the FHWA will apply to this contract and will be adhered to, as applicable, by the parties hereto. 05/01/67 4 SECTION II PROJECT ADMINISTRATION AND SUPERVISION A. The DEPARTMENT, being responsible for the administration of such Federal and State programs under which the PROJECT work is being performed, shall provide such administrative guidance as it determines is required by the PROJECT. B. The DEPARTMENT will advertise and award all contracted portions of the PROJECT work. Prior to advertising of the PROJECT for receipt of bids, the REQUESTING PARTY may delete any portion or all of the PROJECT work. After receipt Of bids for the PROJECT, the REQUESTING PARTY shall have the right to reject the amount bid for the PROJECT prior to the award of the contract for the PROJECT only if such amount exceeds by twenty percent (20%) the final engineer's estimate therefor. If such rejection of the bids is not received in writing within two -(2) weeks after letting, the DEPARTMENT will assume concurrence. The DEPARTMENT may, upon request, readVertise the : PROJECT. Should the REQUEST- ING PARTY so request in writing within the aforesaid two (2) week period after letting, the PROJECT will be cancelled and , the DEPARTMENT will refund the unused balance of the deposit less all costs incurred by the DEPARTMENT. Rejection of bids by the REQUESTING PARTY on those projects funded under Section 151 Title 23 USC (United States Code) will not be allowed. C. The DEPARTMENT will perform the inspection services on PROJECT work performed by the REQUESTING PARTY. D. On those projects funded with Federal monies, the DEPARTMENT shall secure from the FHWA approval of plans and specifica- tions, and such cost estimates as may be required for FHWA participation in the PROJECT COST. E. All work in connection with the PROJECT shall be performed in conformance with the Michigan Department of Transpor- tation Standard Specifications for Construction and the supplemental specifications and plans pertaining to the PROJECT and all materials furnished and used in the con- struction of the PROJECT shall conform to the aforesaid specifications. No extra work shall be performed nor changes in plans and specifications made by the REQUESTING PARTY until said work or changes are approved by the project engineer and approved and authorized by the DEPARTMENT. 07-01-87 5 F. Should it be necessary or desirable that portions of the work covered by this contract be accomplished by a consult- ing firm, a railway company, or governmental agency, firm, person, or corporation, under a subcontract with the REQUESTING PARTY at PROJECT expense, such subcontracted arrangements will be covered by foLmal agreement between the REQUESTING PARTY and that party. All such agreements will be submitted for approval by the DEPARTMENT and, if applicable, by the FHWA prior to execution thereof, except for agreements for amounts less than $10,000.00 for preliminary engineering, and testing services executed under and in accordance with the provisions of the "Small Purchase - Procedures" FHPM Volume 1, Chapter 7, Section 2 which do not require prior approval of the DEPARTMENT or the FHWA. Any such approval by the DEPARTMENT shall in no way be construed as a warranty of the subcontractor' s qualifications, financial integrity, or ability to perform the work being subcontracted. G. The REQUESTING PARTY, at no cost to the PROJECT or the DEPARTMENT, shall make such arrangements with railway companies, utilities, etc., as may be necessary for the performance of work determined by the DEPARTMENT to be required for the PROJECT but for which Federal or other reimbursement will not be requested. H. The REQUESTING PARTY, at no cost to the PROJECT, or the DEPARTMENT, shall secure, as necessary, all agreements and approvals of the PROJECT with railway companies, the Transportation Regulation Section of the DEPARTMENT and other concerned governmental agencies other than the FRWA, and will forward same to the DEPARTMENT for such reviews and approvals as may be required. I. No PROJECT work for which reimbursement will be requested by the REQUESTING PARTY is to be subcontracted or performed until authorization in writing has been given to the REQUESTING PARTY by the DEPARTMENT which specifies that such work may commence. J. The REQUESTING PARTY shall be responsible for the payment of all costs and expenses incurred in the performance of the work it agrees to undertake and perform. K. The REQUESTING PARTY shall pay directly to the party performing the work all billings for the services performed on the PROJECT which are authorized by or through the REQUESTING PARTY. 05/01/87 6 L. The REQUESTING PARTY shall submit to the DEPARTMENT all paid billings for which reimbursement is desired in accordance with DEPARTMENT procedures. M. All work by a consulting firm will be performed in compli- ance with the applicable provisions of 1980 PA 299, Subsec- tion 201, MCL 339.2001; MSA 18.425(2001), as well as in accordance with the provisions of all previously cited Directives of the FRWA. N. The project engineer shall be subject to such administrative - control as may be deemed necessary by the DEPARTMENT and, in those instances where a consultant firm is retained to provide engineering and inspection services, the personnel performing those services shall be subject to such adminis- trative control as deemed necessary by the DEPARTMENT. O. The DEPARTMENT, in administering the PROJECT in accordance with applicable Federal and State requirements and regula- tions, neither assumes nor becomes liable for any obliga- tions undertaken or arising between the REQUESTING PARTY and any other party with respect to the PROJECT. P. In the event it is determined by the DEPARTMENT that there will be either insufficient Federal funds or insufficient time to properly administer such funds for the entire PROJECT or portions thereof, the DEPARTMENT, prior to advertising or authorization for work performanCe, may cancel the PROJECT, or any portion thereof, and upon written notice to the parties this contract shall be void and of no effect with respect to that cancelled portion of the PROJECT. Any PROJECT deposits previously made by the parties on the cancelled portions of the PROJECT will be promptly refunded. Q. Those projects funded with Federal monies will be subject to inspection at all times by the DEPARTMENT and the FHA. 05/01/87 7 SECTION III ACCOUNTING AND BILLING A. Procedures for billing for work undertaken by the REQUESTING PARTY. The REQUESTING PARTY shall be responsible for the accurate and detailed accounting of the costs and expenses incurred in the performance of any part of the PROJECT work it agrees to undertake as provided within this contract,. Said accounts shall be made available for review and audit by the DEPARTMENT and, as required, by the FHWA and shall be retained on file for a period of not less than three years from the date of the final payment for work conducted under this contract. 2. Agreed Unit Prices Work - All billings for work, under- taken by the REQUESTING_ PARTY on an agreed unit price basis will be submitted in accordance with the Michigan Department of Transportation Standard Specifications for Construction and pertinent FHPM Directives of the FHWA. 3. Force Account Work and Subcontracted Work - All_ billings submitted to the DEPARTMENT for Federal reimbursement for items of work performed on a force account basis or by any subcontract with a consulting firm, railway company, governmental agency or other party, under the terms of this contract, shall be prepared in accordance with the provisions of the pertinent FHPM Directives and the procedures of the DEPARTMENT. Progress billings may be submitted monthly during the time work is being performed provided, • however, that no bill of a lesser amount than $1,000.00 shall be submitted unless it is a final or end of fiscal year billing. All billings shall be labeled either "Progress Bill Number , or "Final Billing". 4, Final billing under this contract shall be submitted in a -timely manner but not later than twelve months after completion of the work. Billings for work submitted later than twelve months after completion of the work will not be paid. 05/01/87 a 5. Upon receipt of billings for reimbursement for work undertaken by the REQUESTING PARTY on projects funded with Federal monies, the DEPARTMENT will act as billing agent for the REQUESTING PARTY, consolidating said billings with those for its own force account work and presenting these consolidated billings to the FHWA for payment. Upon receipt of reimbursement from the FHWA, the DEPARTMENT will promptly forward to the REQUESTING PARTY its share of said reimbursement. 6. Upon receipt of billings for reimbursement for work - undertaken by the REQUESTING PARTY on projects funded with non-Federal monies, the DEPARTMENT will promptly forward to the REQUESTING PARTY reimbursement of eligible costs. R. Payment of Contracted and DEPARTMENT Costs. 1. As work on the PROJECT commences, the initial payments for contracted work and/or costs incurred by the DEPARTMENT will be made from the working capital deposit. Receipt of progress payments of Federal funds, and where applicable, State Critical Bridge funds, will be used to replenish the working capital deposit. The REQUESTING PARTY shall make prompt payments of its share of the contracted and/or DEPART- MENT incurred portion of the PROJECT COST upon receipt of progress billings from the DEPARTMENT. Progress billings will be based upon the REQUESTING PARTY'S share of the actual costs incurred as work on the PROJECT progresses and will be submitted, as required, until it is determined by the DEPARTMENT that there is sufficient available working capital to meet the remaining anticipated PROJECT COSTS. All progress payments will be made within thirty (30) days of receipt of billings. No monthly billing of a lesser amount than $1,000.00 will be made unless it is a final or end of fiscal year billing. Should the DEPARTMENT determine that the available working capital exceeds the remaining anticipated PROJECT COSTS, the DEPARTMENT may reimburse the REQUESTING PARTY such excess. Upon completion of the PROJECT, payment of all PROJECT COSTS, receipt of all applicable monies from the FHWA, and completion of necessary audits, the REQUESTING PARTY will be reimbursed the balance of its deposit. 05/01/87 9 2. In the event that the bid, plus contingencies, for the contracted, and/or the DEPARTMENT incurred portion of the PROJECT work exceeds the estimated cost therefor as established by this contract, the REQUESTING PARTY may be advised and billed for the additional amount of its share. C. General Conditions I. The DEPARTMENT, in accordance with its procedures in existence and covering the time period involved, shall make payment for interest earned on the balance of working capital deposits for all projects on account with the DEPARTMENT. The REQUESTING PARTY in accordance with DEPARTMENT procedures in existence and covering the time period involved, shall make payment for interest owed on any deficit balance of working capital deposits for all projects on account with the DEPARTMENT. This payment or billing is processed on an annual basis corresponding to the State of Michigan fiscal year. •Upon receipt of billing for interest incurred, the REQUESTING PARTY promises and shall • promptly pay the DEPARTMENT said amount. 2. Pursuant to the authority granted by law, the REQUEST- ING PARTY hereby irrevocably pledges a sufficient amount of funds received by it from the Michigan Transportation Fund to meet its obligations as speci- fied herein. If the REQUESTING PARTY Shall fail to make any of its required payments when due, as speci- fied herein, the DEPARTMENT shall immediately notify the REQUESTING PARTY and the State Treasurer of the State of Michigan or such other state officer or agency having charge and control over disbursement of the Michigan Transportation Fund, pursuant to law, of the fact of Such default and the amount thereof, and, if such default is not cured by payment within ten (10) days, said State Treasurer or other state officer or agency is then authorized and directed to withhold from the first of such monies thereafter allocated by law to the REQUESTING PARTY from the Michigan Transportation Fund sufficient monies to remove the default, and to credit the REQUESTING PARTY with payment thereof, and to notify the REQUESTING PARTY in writing of such fact. 3. Upon completion of all work under this contract and final audit by the DEPARTMENT or the FHWA, the REQUEST- ING PARTY promises to promptly repay the DEPARTMENT for any disallowed items of costs previously disbursed by the DEPARTMENT. The REQUESTING PARTY pledges its future receipts from the Michigan Transportation Fund for repayment of all disallowed items and, upon 07-01-87 10 for repayment of all disallowed items and, upon failure to make any repayment of all disallowed items within ninety (90) days of demand made by the DEPARTMENT, the DEPARTMENT is hereby authorized to withhold . an equal amount from the REQUESTING PARTY'S share of any future distribution of Michigan Transportation Funds in settlement of said claim. 4. The DEPARTMENT shall maintain and keep accurate records • and accounts relative to the cost of the PROJECT and upon completion of the PROJECT, payment of all items of PROJECT COST, receipt of all federal aid, if any, and completion of final audit by the DEPARTMENT and if applicable, by -the FHWA, shall make a final accounting to the REQUESTING PARTY. The final PROJECT accounting will not include interest earned or charged on working capital deposited for the PROJECT which will be accounted for separately at the close of the State of Michigan fiscal year and as set forth .in Section C(I), 5. The costs of engineering and other services performed on those projects involving specific program funds and one hundred percent (100%) local funds will be appor- tioned to the respective portions of that project in the same ratio as the actual direct construction costs unless otherwise specified in PART. I. 05/01/87 11 SECTION IV MAINTENANCE AND OPERATION A, Upon completion of construction of each part of the PROJECT, at no cost to the DEPARTMENT or the PROJECT, each of the parties hereto, within their respective jurisdictions, will make the following provisions for the maintenance and operation of the completed PROJECT. 1. All Projects Properly maintain and operate each part of the PROJECT, making ample provisions each year for the performance of such maintenance work as may be required, except as qualified in paragraph B of this Section. 2. Projects Financed in Part with Federal Monies an Sign and mark each part of the PROJECT, as determined applicable by the DEPARTMENT, in accordance with the current Michigan Manual of Uniform Traffic control Devices, and will not install, or permit to be installed, any signs, signals or markings not in conformance with the standards approved by the FHWA, pursuant to 23 USC 109(d). b. Remove prior to completion of the PROJECT, all en- croachments from the roadway right-of-way within the limits of each part of the PROJECT. With respect to new or existing utility installa- tion within the right-of-way of federal aid projects and pursuant to FHPM Volume 6, Chapter 6, Section 3, Subsection 2:_ Occupancy of non-limited access right-of-way may be allowed based on consideration for traffic safety and necessary preservation of roadside space . and aesthetic quality. Longitudinal occupancy of non-limited access right-of-way by private lines will require a finding of significant economic hardship, the unavailability of practicable alternatives or other extenuating circumstances. c. Cause to be enacted, maintained and enforced, as determined necessary by the DEPARTMENT, ordinances and regulations for proper traffic operations in accordance with the plans of the PROJECT. 05/01/87 12 d. Make no changes to ordinances or regulations enacted, or traffic controls installed in conjunc- tion with the PROJECT work without prior approval of the DEPARTMENT and the FHWA. 3. Excluded from the requirements of paragraphs 1 and 2 above are those projects funded under Section . 151 Title 23 USC (Pavement Marking Demonstration Program). Maintenance and operation obligations for this program are detailed in Section V, paragraph B, hereof. B. On projects for the removal of-roadside obstacles, the _parties, upon completion of construction of each part of the PROJECT, at no cost to the PROJECT or the DEPARTMENT, will, within their respective jurisdictions, take such action as is necessary to assure that the roadway right-of ,- way, cleared as the PROJECT, will be maintained free of such obstacles. C. On projects for the construction of bikeways, the parties will enact no ordinances or regulations prohibiting the use of bicycles on the facility hereinbefore described as the PROJECT, and will amend any existing restrictive ordinances in this regard so as to allow use of this facility by bicycles. No motorized vehicles shall be permitted on such bikeways or walkways constructed as the PROJECT except those for maintenance purposes and, where snow conditions and State or local regulations permit, snowmobiles. D. Failure of the parties hereto to. fulfill their respective responsibilities as outlined herein may disqualify that party from future -Federal -aid participation in projects on roads or streets for which it has maintenance responsibil- ity. Federal Aid may be withheld until such time as deficiencies in regulations have been corrected, and the improvements constructed as the PROJECT are brought to a condition of maintenance satisfactory to the DEPARTMENT and the FHWA. 07-01-87 13 SECTION V SPECIAL PROGRAM AND PROJECT CONDITIONS A. On projects funded with State Critical Bridge funds, the following conditions will apply. 1. In the event that the PROJECT cannot be placed under contract within six (6) months of the allocation date . due to delays in plan preparation, or to delays in securing such supplemental funding or right-of-way as might, be required, funds may be reallocated 'to other work. The deletion of the PROJECT from the State Critical Bridge Program by reallocation of funds shall not impair the eligibility of the PROJECT for funds the following year. 2. All work shall be performed in accordance with the Administrative Rules of the State Critical Bridge Program and the procedures of the DEPARTMENT related thereto. B. On projects funded with Federal monies pursuant to Section 151 Title 23 USC (Pavement Marking Demonstration Program), the following conditions will apply. 1. All pavement markings inventoried as STAGE I and placed as STAGE II will conform to the requirements of the current edition of the National Manual of Uniform Traffic Control Devices, 2. The REQUESTING. PARTY, at no cost to the PROJECT or the DEPARTMENT, will provide such accident information as is available, for the period of three years prior to and three years after completion of STAGE 11, and such other information as may be required by the FHA in order to make the proper assessment of the benefits of the new markings installed under this program. Final acceptance of the PROJECT work will be governed by paragraph 9 of FHPM Volume 6, Chapter 3, Section 2, Subsection 9: Secondary Road Plan. 4, The REQUESTING PARTY will: a. Cause to be enacted, maintained and enforced the necessary ordinances and regulations for proper traffic operations during the demonstration period in accordance with the PROJECT. 05/01/87 14 b. Make no changes during the demonstration period to ordinances or regulations enacted in conjunc- tion with the PROJECT work without prior approval of the DEPARTMENT and the FHWA. c. If determined necessary by the DEPARTMENT and the FHWA, for a period of at least two years, cooper- ate in the renewal of those markings installed as . STAGE 11. Such renewal, if required, will be accomplished with the use of Federal funds, in accordance with Section 151 Title 23 USC. C. Those projects for which the REQUESTING PARTY has been reimbursed with Federal monies for the performance of preliminary engineering must be under construction by the close of the fifth (5th) fiscal year following the fiscal year in which the FHWA and the DEPARTMENT projects agreement covering that work is executed, or the REQUESTING PARTY may be required to repay to the DEPARTMENT, for forwarding to the FUWA,.all monies distributed as the FHWA'S contribution to that preliminary engineering. D. On those projects funded with Federal monies, the REQUESTING PARTY, at no cost to the PROJECT or the DEPARTMENT, will provide such accident information as is available and such other information as may be required by the FHWA in order to make the proper assessment of the safety benefits derived from the work performed as the PROJECT. The REQUESTING PARTY will cooperate with the DEPARTMENT in the development of reports and such analysis as may be required and will, when requested by the DEPARTMENT, forward to the DEPARTMENT, in such form as is necessary, the required information. E. In connection with the performance of PROJECT work under this contract the parties hereto (hereinafter in Appendix "A" referred to as the "contractor") agree to comply with the State of Michigan provisions for "Prohibition of Discrimination in State Contracts", as set forth in Appendix A, attached hereto and made a part hereof. The parties further covenant that they will comply with the Civil Rights Acts of 1964, being P.L. 88-352, 78 Stat. 241, as amended, being Title 42 U.S.C. Sections 1971, 1975a-1975d, and 2000a-2000h-6 and the Regulations of the United States Department of Transportation (49 C.F.R. Part 21) issued pursuant to said Act, including Appendix "B", attached hereto and made a part hereof, and will require similar covenants on the part of any contractor or subcontractor employed in the performance of this contract. 07-01-87 15 F. The parties hereto further agree that they accept the DEPARTMENT'S Disadvantaged Business Enterprise/Minority Business Enterprise/Women Business Enterprise (DBE/MBE/WBE) Program with respect to the PROJECT and will abide by the provisions set forth in Appendix "C" attached hereto and made a part hereof, being an excerpt from Title 49 C.F.R. Part 23, more specifically 23.43(a)(1) and (2) thereof. G. The REQUESTING PARTY hereby agrees to furnish to the DEPARTMENT written reports, monthly, regarding . the employment of persons who have retired from State of Michigan employment pursuant to 1984 PA 2 and 3. Reports must comply with the report Conditions and -meet the Information requirements set forth in Appendix "D", dated July 18, 1986, attached hereto and made a part hereof. 05/01/87 16 ENDIX A PROHIBITIOP4 OF DISCRIMINATION IN STATE CONTRACTS August, 1985 In connection with the performance of work under this contract; the coutractor agrees as follows: I. In accordance with Act No, 453, Public Acts of 1976, the contractor hereby agrees not to discriminate against an employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment, or a matter directly or indireetly related to employment, because of race, color, religion, national origin, age, sex, height, weight, or marital status. Further, in accordance with Act No. 220, Public Acts of 1976 as amended by Act No. 478, Public Acts of 1980 the contractor hereby agrees not to discriminate against an employee or applicant for employment with respect to hire, tenure, teoms, conditions, or privileges of employment, or a matter directly or indirectly related to employment, because of a handicap that is unrelated to the individual's ability to perform the duties of a particielar job or position. A breach of the above covenants shall be regarded as a material breach of this contract. 2. The contractor hereby agrees that any and all subcontracts to this contract, whereby a portion of the work set forth in this contract is to be performed, shall contain a covenant the same as hereinbefore set forth in Section 1 of this Appendix. 3. The contractor will take affirmative action to insure that applicants for employment and employees are treated without regard to their race, color, religion, national origin, age, sex, height, weight, marital status or a handicap that is unrelated to the individual's ability to perform the duties of a particular job or position. Such action shall include., but not be limited to, the following; employment, upgrading, demotion or transfer, recruitment advertis- ing; layoff or termination; rates of pay or other fOrms of compensation; and selection for training, including apprenticeship, 4. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, national origin, age, sex, height, weight, marital status or handicap that is unrelated to the individuals ability to perform the duties of a particular job . or position. 5. The contractor or his collective bat -Raining representative will send to each labor Union or representative of workers with which he has a collective bargaining agreement or other contact or understanding, a notice advising the said labor union or workers' representative of the contractor's commitments under this appendix. b. The contractor will comply with all relevant published rules, regulations, directives, and orders of the Michigan Civil Rights Commission which may be in effect prior to the taking - of bids for any individual state project. 7, The contractor will furnish and file compliance \ports within such time and upon such forms as provided by the Michigan Civil Rights Commission, said forms may also elicit information as to the practices, policies, program, and employment statistics of each subcontractor a.sell as the contractor himself, and said contractor will permit access to his books, records, and accounts by the )M.ichigan Civil Rights Commission, and/ or its agent, for purposes of investigation to ascertain compliance with this contract and relevant with rules, regulations, and orders of the Michigan Civil Rights Com.rnission. S. In the event that the Civil Rights Commission* finds, after a hearing held pursuant to its rules, that a contractor has not complied with the contractual obligations under this agreement, the Civil Rights Commission may, as part of its order based upon such findings, certify said findings to the Administrative Board of the State of Michigan, which Administrative Board may order the cancellation of the contract found to have been violated, and i or declare the contractor ineligible for future contracts with the state and its political and civil subdivisions, departments, and officers, and including the governing boards of institutions of higher education, until the contractor complies with said order of the Civil Rights Commission. Notice of said declaration of future ineligibility may be given to any or all of the persons with whom the contractor is declared ineligible to contract as a contracting party in future contracts. In any case before the Civil Rights Commission 'm which cancellation of an existing contract is a possibility, the contracting agency shall be notified of such possible remedy and shall be given the option by the Civil Rights Commission to participate in such proceedings. 9. The contractor will include, or incorporate by reference, the provisions Of the foregoing paragraphs (1) through (8) in every subcontract or purchase order unless exempted by the rules, regulations or orders of the Michigan Civil Rights Commission, and will provide in every subcontract or purchase order that said provisions will be binding upon each subcontractor or seller. 'The Civil Rights C MI71 i..S.L.,771 referred to 45 the Michigan Civil Rights Commisszon, (Rev. 4,179) DESTROY ALL PREVIOUS EDITIOIYS OF THIS FORM APPENDIX B Daring the performance of this contract, the contractor, for itself, its assignees arid successors in interest (hereinafter referred to sa tbe "conniactorin agrees en follows: 1. Comaience with Regulations: The contractor Shall comply with the Reg-ulations relative to nondiscrimin- anon in Federally et3sisted programs of the Department of Transportation., Title 49, Code of Federal Regtiledrina, Pert 21, as they may be amended from time to time, (hereinafter referred to 2-5$ the Regula- tions), whir-th are herein incorporated by refenince and made a part of this contract. 2.Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discora.ro are on die grounds or race, color, or national origin in the selection and retention of subcontrac- tors, including procurements at materials and leases of equipment. The contractor shalt not participate either directly or indirectly in Me discrimination prohibited by section 21.5 of the Regulations. Including employment practices when the contract covers a program set forth in Appendix H. of the Regulations,. Solicitations for Suticentracts, Inctiroin_g Procurements of Matertais and 1-E.T.Litiorrenb_ in all solicitations either by competitive bidding or negotiation made by the contractor for work to rie performed under a sub- contract, including pi-Douro-a:cots of materials or leases of equipment. each potential subcontractor or , suppkici shall be notified by the contractor of the controctor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports; The contractor shall provide all information and reports required by the Regula. dons, or directives issued pursuant thereto, and shall permit access to. its books, records, accounts, other sources of information. and its facilites as maybe determined by the Michigan Department of Trans- portanen or the Federal Highway Administration to be pettinentlp ascertain compliance with such Regula- tions or directives. Where any infonnation required of i contractor is in the reclusive possession of another who fells or refuses to furnish this information, the contractor shall so certify to the Michigan Department of Transporiat1On., or he Federal Highway Administration as appropriate, and shall set forth what efforts it haa made to obtain the information, S. Sanctoris for Noneompliarictit In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the Michigan Department of Transportation shall impose such contract .sanc- tions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to; (a) Withholding of payments to the contractor under the contract until the contractor complies, and :t (b) cancellation, tairfliTSRti On or suspension of the contract, in whole or in oars. 6. Incomprittori of Provisions: The contractor shall include the provisions of paragraphs I through 6 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto, The contractor shall take such action with respect to any subcontract or parent-emirs-it as the Michigan Department of Transportation or the Federal Highway Administration may direct as it means of enforcing such provisions including sanctions for non-compliance: Provided, however, (hat, in the even; a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplies as a result of such direction, the contractor may request the Michigan Department of Transportation to enter into such litigation to protect the interests of the State, and, in addition, the contractor may request the United States to enter into such litigation to protect the in- terents of the United States. (TO BE INCLUDED IN ALL FINANCIAL ASSISTANCE AGREEPENTS WITh LOCAL AGENCIES) GENERAL REQUIREMENTS FOR RECIPIENTS Excerpts from USDOT Regulation 49 CFR, Part 23, Section 23.43 A. Policy It is the policy of the Department chat MBE at defined in 49 CFR, Part 23, shall have the maximum opportunity to participate in the performance of contraecs financed in whole or in part with federal funds. Consequently, the NBE requirements of 49 CFR, Part 23, apply to this contract. B. ru, Obltfl The recipient or it contractor agrees to ensure that NBE as defined in 49 CFR, Part 23, has the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with federal funds provided ender this agreement. In this regard, all rcciaienta or COOr.r2Ct:017S shall take all necessary and reasonable steps in Accordance with 49 CFR, Part 23, to ensure that MBE has the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of dePartmentally—assisted contracts. C. If as a condition of assistance the recipient has submitted and the Department has approved a minority business enterprise Affirmative action program which the recipient agrees to carry Out, this proaram is incorporated into this financial assistance agreement by reference. This program shall be treated as a legal obligation and failure to carry out its terms shall be treated as a violation of this financial assistance agreement. Upon notification to the recipient of its failure to carry out the approved program, the Department shall impose such sanctions as noted in 49 CFR, Part 23, Subpart E, which sanctions may include termination of the agreement or other measures that may affect the ability of the recipient to obtain future departmental, financial assistance. D. • The Department hereby a4Aeises each recipient, contractor, or subcontractor that failure to carry out the requirements set forth in Section 23.43(a) 49 CFR, Pact 23 shall constitute a breach of contract and After the notification of the USDOT may result in termination of the aereement or contract by the Department or such remedy as the Department deems appropriate. APPENDIX D (July 18, 1986). REPORT OF RETIRED STATE EMPLOYEES CONDITIONS • Include only names of persons under sixty-two (62) years. of age who have performed a portion of the work required by this agreement and have also received remuneration therefore during the time period covered by the report. 2. Reports are to be submitted to the DEPARTMENT'S Office of Human Resources by the first (1st) of each month during the term of this agreement_ INFORMATION REQUIREMENTS . The following inforMation is required in each Report of Retired State Employees: 1. MOOT.Agreement or Contract Number. 2. Name of reporting firm. 3. Total original dollar amount of Contract or Agreement. 4. Name and Social Security number of Retiree(s) receiving remuneration. 5. Month during which work was performed. 6. The report is to be legibly signed by a representative of the firm and dated.