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HomeMy WebLinkAboutResolutions - 2012.07.18 - 20444MISCELLANEOUS RESOLUTION #12183 July 18, 2012 BY: Planning and Building Committee, David Potts, Chairperson IN RE: RESOLUTION AUTHORIZING THE CITY OF PONTIAC TO DEMOLISH THE PHOENIX CENTER PARKING STRUCTURE TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: WHEREAS, the City of Pontiac (the "City") has entered into a certain sublease (the "Sublease") made as of February 1, 2006 among the City of Pontiac, the City of Pontiac General Building Authority, the City of Pontiac Tax Increment Finance Authority and the County of Oakland whereby the City of Pontiac and or the City of Pontiac Tax Increment Finance Authority has the right to occupy a structure known as the Phoenix Center Parking Structure (the "Phoenix Center") located in the City of Pontiac; and WHEREAS, the Phoenix Center is in need of immediate repairs and added operating costs to continue to operate it at an acceptable level; and WHEREAS, the Emergency Manager of the City of Pontiac has determined that the real estate on which the Phoenix Center is situated is more valuable without the parking structure located on it than the rebuilt Phoenix Center would be; and WHEREAS, the Sublease permits the City to demolish the Phoenix Center so long as the County of Oakland approves the demolition and the City pays for it; and WHEREAS, there are the following advantages to demolition of he Phoenix Center: a) The capital / repair costs of maintaining this facility over a 10-year term are substantially mitigated (estimated in the Desmond Study to be roughly $8.5 million). In fact, the first phase of the demolition costs would be roughly equivalent to the first 18 months of immediate capital / repair costs needed to restore the facility. However, from year 2 to year 10, substantial additional capital costs PLANNING & BUILDING COMMITTEE VOTE: Motion carried on a roll call vote with Nash and Woodward voting no and Jackson absent. Motion to directly refer this resolution to the Finance Committee carried on a voice vote. 1 would be required in the amount of $6.1 million. It is unlikely that the future costs could be borne by the City's General Fund given the continued downward spiral of revenues. b) The annual budgeted costs of approximately $160,000 for insurance and electricity would be eliminated. The additional security costs for operating an open or partially open facility would be avoided. c) The issue of trespassers is eliminated. d) The vacant land should accommodate the parking needs of the existing tenants in the three attached facilities. Nearby parking should assist in mitigating the parking issues should the two Ottawa Towers become fully occupied. e) The Downtown Business Association believes that the demolition is the preferred course of action, in part, because the present unused facility is a detriment to downtown business retention and attraction and customers frequenting the downtown. f) The demolition of the Phoenix Center provides the downtown with several potential future options, including extending Saginaw Street from Woodward directly into the downtown and opening the river that runs underneath the facility. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF OAKLAND, MICHIGAN, as follows: 1. The City of Pontiac is hereby granted the Authority to demolish the Phoenix Center in accordance with the description attached hereto as APPENDIX A. 2. After demolition, the County of Oakland shall continue to have its rights to use the Phoenix Center as specified in the Sublease between the County and the City of Pontiac. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE 2 APPENDIX A DESCRIPTION OF DEMOLITION PROJECT BACKGROUND OF STRUCTURE: The Phoenix Center parking structure constructed in the early 1980's incorporates cast-in-place post-tensioned concrete construction. The structure has four levels, including a slab- on-grade on the lower level. The upper level is a multi-use plaza. The parking levels encompass approximately 900,000 square feet and the roof-top plaza is approximately 350,000 square feet. Orchard Lake Road runs east-west through the structure, separating the parking levels into two halves (north and south). The plaza level extends over the roadway. The parking structure is physically attached to multiple permanent structures that will remain intact. SPECIFICATIONS/REQUIREMENTS: General Requirements: 1. Contractor will apply for, secure and pay the fees for all permits/licenses required to complete project. The contactor shall register with the City of Pontiac at the Building and Safety. 2. Contractor shall be responsible for acquiring the below listed items before starting demolition a) Building Dept - Building Permit & Final Approval b) All Utility Disconnects Pontiac Engineering Dept Right of Way Permit & Final Approval d) Soil Erosion Permit e) Photos of Site before, during and after Demolition f) State of Michigan Notification of Demolition (NESHAP) g) MDOT Permit (required for signage & lane closure) h) All necessary Performance and Payment Bonds i) Insurance required in Appendix B - Contractor Insurance Requirements 3. All Local and State Permits 4. If any equipment must be shut down during demolition, the City shall be notified immediately of the delay and the work shall be coordinated with the City's representative. 1 5. Contractor shall conduct demolition operations and removal of debris to ensure minimum interference with streets, walks and other adjacent occupied or used facilities. 6. Contractor shall be responsible for securing area during demolition. The contractor shall supply, install and maintain barricades or fences as necessary to keep people, animals or vehicles from excavations or equipment or pedestrian walkways. V. Contractor shall be responsible for any damages incurred because of their employees, equipment, materials required for job or falling debris or to all property including but not limited to buildings, landscaping, sidewalks and parking lots. Contractor will be responsible for all repairs at no cost to the City and damage shall be promptly repaired. 8. Contractor shall follow all MIOSHA safety standards. 9. Contractor shall conform to all city and state regulations and ordinances, even if they contradict specifications indicated in this RFP. Contractor shall also arrange for and pay all costs in connection with any inspections, permits and examinations required by authorities. 10. Contractor to provide all labor, equipment and materials required to perform the job set forth in this REP. 11. Contractors and subcontractors performing services for the City are required and will comply with all Occupational, Safety and Health Administration (OSHA), State and City Safety and Occupational Health Standards and any other applicable rules and regulations. 12. No part of the structure shall be left in an unsafe condition. If any danger is imminent, contractor shall secure or place barricades around the area. 13. The contractor shall complete the project within a maximum of One Hundred and Twenty (120) days from the date of the awarding of the contract. 2 14. During demolition, structure must be watered down to prevent dust. If water hydrant tap is required, permit from United Water will be required. 15. The contractor shall have salvage rights to the building and its contents. It should be noted that the elevators are currently non-operational and have been sealed by the State of Michigan. 16. The contractor shall be responsible for disconnecting all utilities. The contractor shall be responsible for providing temporary power and water, as needed. 17. The contractor shall be required to test for the presence of asbestos. 18. The contractor shall be responsible for providing temporary toilets. 19. The contractor shall be responsible for the clean-up and removal of all debris and all excess or unsuitable excavated material shall be properly disposed of off-site. 20. The contractor shall be responsible for providing containment for soil erosion and debris surrounding the demolition site. 21. The contractor shall take all necessary precautions to protect the integrity of the permanent structures that are physically connected to the Phoenix Center. The contractor shall be responsible for any damages to surrounding buildings and streets as a result of demolition or employees' negligence. 22. The City of Pontiac will not be responsible for any additional costs for winter conditions. 23. Backfill excavation up to adjacent grade with sand compacted in 12 inch lifts to 95% of its max weight. Sand shall be free of constituents that could cause adverse environmental impact. 24. Equipment, vehicles, and construction materials shall be stored only in areas designated by City Engineer. 3 SCOPE OF SERVICES: DEMOLITION PROPOSAL ONE: Demolition of the Phoenix Center with . removal of all footings and foundations and backfilled to grade so that the area is left in safe condition after demobilization. Contractor will secure temporarily the connection points of adjacent structures to protect building occupants as well as provide protection of buildings against weather elements until reconstruction can take place. Contractor will remove all debris compliant with local, state and federal regulations. Provide cost savings that are contingent on the availability of an operational elevator. DEMOLITION PROPOSAL TWO: Demolition of the Phoenix Center with partial removal of the footings and foundations four feet below grade and backfilled to grade so that the area is left in safe condition after demobilization. Contractor will secure temporarily the connection points of adjacent structures to protect building occupants as well as provide protection of buildings against weather elements until reconstruction can take place. All footings and foundations are to be removed to provide a sixty (60) foot right of way for Saginaw Street. Contractor will remove all debris compliant with local, state and federal regulations. Provide cost savings that are contingent of the availability of an operational elevator. OPTIONAL ITEMS: ARCHITECT SERVICE (optional): Reconstruction design of structures physically attached to the Phoenix Center. Contractor shall provide designs and plans for the reconstruction of connection points of structures connected to the Phoenix Center. Each building is to be priced out individually with detailed documentation of repairs to be made, materials selected and the conceptual design. If structures are connected by expansion joints, no repairs/reconstruction will be needed. RECONSTRUCTION OF CONTACT POINTS OF PHYSICALLY ATTACHED STRUCTURES (optional): Contractor to provide cost for implantation of reconstruction of attached structures based on the designs submitted. RECONSTRUCTION OF ORCHARD LAKE ROAD (optional): Contractor shall provide cost for repair or rebuilding of Orchard Lake road that currently runs through the Phoenix Center. 4 COUNTY RIGHT TO USE SITE ONCE DEMOLITION IS COMPLETED The City of Pontiac agrees that the County of Oakland shall have the right to use the site of the Phoenix Center in the event of a national, State or Local emergency, which will require the County's homeland security division to provide for any of the following: 1. The site of the Phoenix Center may be used to serve as a predetermined staging area for evacuees; 2. The site of the Phoenix Center may be used for any emergency vehicles or any other vehicles being used in connection with the emergency to remain running and provide temporary shelter from cold weather conditions during any emergency and/or evacuation; 3. The in and out vehicular accessibility of the site of the Phoenix Center may be used for assemblies, accountability trainings, post-incident debriefing and as a transfer site for victims and general population being moved or otherwise evacuated; 4. The site of the Phoenix Center may be used for dispensing supplies (food, water, medicine, etc_..) either as a drive-thru or walk-in operation and the County shall have access for vehicles containing logistical disaster support items; 5. Both the County of Oakland and the City of Pontiac shall have the right to use the site of the Phoenix Center as central staging area for arrival, accountability and deployment of first responder units, 911 vehicles and personnel to a disaster site; and 6. The County will have the right to use the site of the Phoenix Center as a mass casualty triage location or for mass immunizations either on drive-thru or walk-in basis. 5 ATTACHMENT B CONTRACTOR INSURANCE REQUIREMENTS 1. Insurance Requirements a. Insurance: The Contractor, at its own expense, shall procure and maintain during the life of this Contract, including any renewals or extensions thereof, all insurance as set forth below, protecting the City of Pontiac, the City of Pontiac General Building Authority, the City of Pontiac Tax Increment Finance Authority, the County of Oakland, and the Oakland County Building Authority, ("the Owners") against all loss or claims which may arise out of or result from the Contractor's performance of services under the terms of this Contract, whether such services are performed by the Contractor, by any subcontractor, by anyone directly or indirectly employed by them, or by anyone for whose acts they may be liable. The insurance shall be written for not less than any minimum coverage herein specified or required by law, whichever is greater. b. Coverages Required: 1. Commercial General Liability with a limit of liability of not less than $1,000,000 each occurrence. Coverage shall be on an occurrence form and shall include (a) premises and operations; (b) products and completed operations; (c) broad form property damage; (d) independent contractors; (e) blanket broad form contractual (including obligations assumed in this contract); (f) explosion, collapse and underground coverage (X,C,U); (g) per location/per project general aggregate; and (h) additional insured endorsements CG 20 10 (07/04) and CG 20 37 (07/04) or equivalents. 6 2. Commercial Automobile Liability with a minimum limit of $1,000,000 each accident covering bodily injury, property damage, and pollution liability arising out of the use of any owned, hired, non-owned or borrowed automobiles. 3. Worker's Compensation Coverage A: with limits statutorily required by any applicable Federal or Michigan Law and Employers Liability Coverage B: with minimum limits of $1,000,000 each accident, $1,000,000 each employee by disease, and $1,000,000 disease aggregate. 4. Umbrella/Excess Liability with a minimum limit $9,000,000 each occurrence excess of primary insurance policies. Coverage shall be no less than following form of primary policies or broader. 5. Owner's Contractor's Protective Liability with a minimum limit of $5,000,000 each occurrence for all claims or damages which may arise out of or result from the Contractor's or subcontractors performance of services under the terms of this contract and must name as owners the City of Pontiac, the City of Pontiac General Building Authority, the City of Pontiac Tax Increment Finance Authority, the County of Oakland, and the Oakland County Building Authority. 6. Contractor's Pollution Liability with a minimum limit of $5,000,000 each occurrence for all claims or damages including, but not limited to, bodily injury, property damage, cleanup costs, environmental damages, and transportation including loading and unloading, which may arise out of or result from the Contractor's or subcontractors performance of services under the terms of this Contract. 7. Professional Liability/Errors and Omission Liability (as applicable) with a minimum of $1,000,000 each occurrence for all claims or damages which may arise out of or result from the Contractor's or subcontractors performance of services under the terms of this Contract. c. General Insurance Requirements: All policies shall contain or shall be endorsed to include the following terms, conditions, and endorsements (as applicable) 1. All carriers providing coverage shall be licensed and approved to do business in the State of Michigan and must have and maintain an A.M. Best rating of A: VII or better. 2. All insurance required of the Contractor or subcontractors shall be on a primary, non-contributory basis with any other insurance or self-insurance carried by the Owners. 3. All policies of insurance shall be endorsed to include a written waiver of subrogation naming the City of Pontiac, the City of Pontiac General Building Authority, the City of Pontiac Tax Increment Finance Authority, the County of Oakland, and the Oakland County Building Authority. 4. Any and all deductibles or self-insured retentions shall be assumed by, and be at the sole risk of the Contractor or subcontractors. 5. The Commercial General Liability, Automobile Liability and Contractor's Pollution Liability insurance policies shall be endorsed to name the City of Pontiac, the City of Pontiac General Building Authority, the City of Pontiac Tax Increment Finance Authority, the County of Oakland, and the Oakland County Building Authority as additional insureds. 6. If any policy of insurance required herein is written on a "claims made" basis, the retroactive date shall be prior to or coincident with the date of this Contract. The Contractor warrants continuation of coverage, either through policy renewals or the purchase of an extended reporting period, for not less than three (3) years following the termination of this Contract. 7. The Contractor shall require any subcontractors not protected under the Contractor's insurance policies to secure and maintain insurance with coverages and 8 limits equal to those required of the Contractor (limits may be adjusted by agreement of the Owners and Contractor depending upon the work to be performed by the subcontractor). 8. All certificates of insurance required by this Contract, including the required "additional insured" endorsements, must be provided no less than ten (10) working days prior to commencement of work and must bear evidence of all required terms and conditions. 9. If any of the required insurance policies expire during the term of this Contract, including guarantee period and warranty work, the Contractor shall deliver proof of renewal and/or new policies at least ten (10) working days prior to the expiration date. 10. The City of Pontiac and/or the County of Oakland reserve the right to amend the required insurance coverage and limits as set forth in this contract which may result from any change in the scope of services. FISCAL NOTE (MISC. #12183) July 18, 2012 BY: Finance Committee, Tom Middleton, Chairperson IN RE: RESOLUTION AUTHORIZING THE CITY OF PONTIAC TO DEMOLISH THE PHOENIX CENTER PARKING STRUCTURE TO: THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced Miscellaneous Resolution and finds: 1. The resolution authorizes the demolition of the Phoenix Center parking structure. 2. The existing Sublease between the County of Oakland and the City of Pontiac permits the City to demolish the structure so long as the County of Oakland approves the demolition and the City pays for it. 3. The City of Pontiac is still responsible for all related debt payments to the County of Oakland under the Sublease. 4. There is no financial impact to the County and no budget amendment is required. FINANCE COMMITTEE FINANCE COMMITTEE Motion carried on a roll call vote with Woodward and Zack voting no and Quarles absent. I HEREBY APPROVE THIS RESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE AGTINO PURSUANT TO MU 45,559A (7) July 18, 2012 Resolution #12183 Moved by Potts supported by Weipert the resolution (with fiscal note attached) be adopted. Discussion followed. Moved by Hatchett supported by Woodward the resolution be postponed until the August 1, 2012 Board meeting. Discussion followed, Vote on motion to postpone: AYES: Gershenson, Hatchett, Jackson, Nash, Quarles, Woodward, Zack, Covey. (8) NAYS: Dwyer, Gingell, Long, Matis, McGillivray, Middleton, Nuccio, Potts, River, Runestad, Scott, Taub, Weipert, Bosnic, Crawford. (15) A sufficient majority having not voted in favor, the motion to postpone the resolution until the August 1, 2012 Board meeting failed. Discussion followed. Commissioner Mattie Hatchett addressed the Board and stated that she would like the record to reflect that she respects Deputy County Executive, Bob Daddow and City of Pontiac, Emergency Financial Officer, Louis Schimmel, but feels this matter requires more time and referenced Public Act 4". Vote on resolution: AYES: Gingell, Long, Matis, McGillivray, Middleton, Nuccio, Potts, River, Runestad, Scott, Taub, Weipert, Bosnic, Crawford, Dwyer. (15) NAYS: Gershenson, Hatchett, Jackson, Nash, Quarles, Woodward, Zack, Covey. (8) A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Bill Bullard Jr., Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on July 18, 2012, with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 18th day of July, 2012. ELe_c_ 094 Bill Bullard Jr., Oakland County