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HomeMy WebLinkAboutResolutions - 2001.03.21 - 26460March 22, 2001 MISCELLANEOUS RESOLUTION # 01084 BY: PUBLIC SERVICES COMMITTEE, David L. Moffitt, Chairperson IN RE: EMERGENCY MANAGEMENT — MICHIGAN DEPARTMENT OF TRANSPORTATION — Contract to Relocate Farmington Hills Tornado Siren TO: THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Department of Transportation (MDOT) is executing a road expansion project near the intersection of Northwestern Highway and Middlebelt Road in Farmington Hills; and WHEREAS the County owned Farmington Hills tornado siren #5 creates an obstacle for MDOT and they have requested that the County relocate this tornado siren; and WHEREAS an agreement between MDOT, Farmington Hills, and the County has been reached as to the new location of this tornado siren; and WHEREAS MDOT has agreed to pay all relocation costs, and WHEREAS Corporation Counsel has reviewed the attached contract. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorize the chairperson of the Board of Commissioners to sign the Contract with the Michigan Department of Transportation. CHAIRPERSON, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Public Services Committee Vote: Motion carried on unanimous roll call vote with Garfield, Galloway, Buckley and Coleman absent. SPECIAL TRUNKLINE CAB UTILITY WORK Control Section NH 63032 BY LOCAL AGENCY Job Number 35773 Project NH 0063(211) Fed Item # HH 2537 Contract 00-5163 THIS CONTRACT is made and entered into this date of , by and between the MICHIGAN DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "DEPARTMENT"; and the OAKLAND COUNTY DEPARTMENT OF INFORMATION TECHNOLOGY, a Michigan municipal corporation, hereinafter referred to as the "COUNTY"; for the purpose of fixing the rights and obligations of the parties in agreeing to the relocation by the COUNTY of utility facilities benefitting Highway M-10 within the COUNTY. WITNESSETH: WHEREAS, the DEPARTMENT is planning construction improvements along Highway M- 10; and WHEREAS, the DEPARTMENT has determined that certain COUNTY facilities require relocation to facilitate the DEPARTMENT'S construction; and WHEREAS, the COUNTY has requested that they be authorized to relocate their facilities, said relocation being hereinafter referred to as the PROJECT, is further described as follows: Relocation of emergency warning siren in median of Highway M-10 east of Middlebelt Road; together with necessary related work located within the corporate limits of the City of Farmington Hills within Oakland County. WHEREAS, the DEPARTMENT'S participation in the PROJECT will be limited to relocation in kind to make the COUNTY whole of those facilities being relocated; and WHEREAS, the PROJECT COST is estimated to be $4,500; 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: ADWKLC.FOR 3/6/01 1 1. The parties shall undertake and complete the construction of the PROJECT in accordance with this contract. The term "PROJECT COST", as herein used, is hereby defined as the cost of the physical construction necessary for the completion of the PROJECT as determined by the DEPARTMENT. 2. The COUNTY shall perform all the PROJECT work. The performance of PROJECT work will be subject to the following provisions: A. No PROJECT work is to be performed by the COUNTY until authorization in writing has been given to the COUNTY by the DEPARTMENT which specifies that such work may commence. B. The COUNTY will comply with all applicable State, Federal and local statutes, ordinances and regulations, and obtain all permits that are required for the performance of the PROJECT work. C. The COUNTY shall provide all construction engineering and inspection necessary for the PROJECT; however, the DEPARTMENT may, at its own expense, provide a competent inspector, together with necessary assistance, to assist the field representative of the COUNTY in completing the PROJECT. Said inspector of the DEPARTMENT, acting through the COUNTY'S engineer, shall have the right to reject any or all portions of the work which are not executed pursuant to the plans and specifications. D. No portion of the work included in this contract shall be subcontracted, assigned, or otherwise disposed of except with the written consent of the DEPARTMENT. E. Prior to the performance of any PROJECT work the COUNTY shall notify the District Engineer, Michigan Department of Transportation at the following location when the work will commence so arrangements may be made, if necessary, to have an inspector present while the work is in progress. Michigan Department of Transportation Ernie Savas, Senior District Engineer 18101 W. Nine Mile Road Southfield, MI 48075 F. The COUNTY shall secure a permit from the DEPARTMENT for the PROJECT work and shall conform with all DEPARTMENT permit requirements for any work to be performed within the state trunkline right-of-way. ADWKLC.FOR 3/6/01 2 No charge will be made by the DEPARTMENT to the COUNTY for any inspection work on the PROJECT pursuant to the Supplemental Specifications of Permit Form 2205. G. The operation and maintenance of the facilities shall remain the sole responsibility of the COUNTY. H. The PROJECT work shall be performed in accordance with the requirements and guidelines set forth in Federal Aid Policy Guide (FAPG) Chapter I, Subchapter G, Part 645, Subpart A: Utility Relocations, Adjustments and Reimbursement and such other pertinent Directives and Instructional Memoranda of the FHWA as may be applicable. Accounts relative to the PROJECT work shall be subject to review and audit by the FHWA and billings shall be prepared in accordance with pertinent directives of the Fl-TWA. 3. The PROJECT COST shall be met in part by contributions of the Federal Government at a participation ratio equal to 80 percent. The balance of the PROJECT COST shall be paid by the DEPARTMENT. The PROJECT COST and the respective shares of the parties, after Federal-aid, is estimated to be as follows: TOTAL ESTIMATED FED DEPT'S COST AID SHARE $4,500 $3,600 $900 In the event that the COUNTY determines the PROJECT will exceed the estimate as set forth herein, the COUNTY shall advise the DEPARTMENT in writing and receive approval prior to the performance of such work. 4. In order to fulfill the obligations assumed by the DEPARTMENT under the terms of this contract, the DEPARTMENT shall make prompt payment to the COUNTY for its share of the PROJECT COST upon execution of this contract and receipt of billing from the COUNTY for work performed. All billings submitted to the DEPARTMENT, for reimbursement for items of work performed under the terms of this contract, shall be prepared in accordance with 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 ADWKLC.FOR 3/6/01 3 unless it is a final or end of fiscal year billing. All billings shall be labeled either "Progress Bill Number " or "Final Billing". 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. 5. The COUNTY shall establish and maintain accurate records, in accordance with generally accepted accounting principles, of all expenses incurred for which payment is sought or made under this contract, said records to be hereinafter referred to as the ''RECORDS". Separate accounts shall be established and maintained for all costs incurred under this contract. The COUNTY shall maintain the RECORDS for at least three (3) years from the date of final payment made by the DEPARTMENT under this contract. In the event of a dispute with regard to the allowable expenses or any other issue under this contract, the COUNTY shall thereafter continue to maintain the RECORDS at least until that dispute has been finally decided and the time for all available challenges or appeals of that decision has expired. The DEPARTMENT, or its representative, may inspect, copy, or audit the RECORDS at any reasonable time after giving reasonable notice. If any part of the work is subcontracted, the COUNTY shall assure compliance with the above for all subcontracted work. Final settlement of costs shall be made upon completion of all PROJECT work and final audit by the DEPARTMENT. In the event that an audit performed by or on behalf of the DEPARTMENT indicates an adjustment to the costs reported under this contract, or questions the allowability of an item of expense, the DEPARTMENT shall promptly submit to the COUNTY, a Notice of Audit Results and a copy of the audit report which may supplement or modify any tentative findings verbally communicated to the COUNTY at the completion of an audit. Within sixty (60) days after the date of the Notice of Audit Results, the COUNTY shall: (a) respond in writing to the responsible Bureau or the DEPARTMENT indicating whether or not it concurs with the audit report, (b) clearly explain the nature and basis for any disagreement as to a disallowed item of expense and, (c) submit to the DEPARTMENT a written explanation as to any questioned or no opinion expressed item of expense, hereinafter referred to as the "RESPONSE". The RESPONSE shall be clearly stated and provide any supporting documentation necessary to resolve any disagreement or questioned or no opinion expressed item of expense. Where the documentation is voluminous, the COUNTY may supply appropriate excerpts and make alternate arrangements to conveniently and reasonably make that documentation available for review by the DEPARTMENT. The RESPONSE shall refer to and apply the language of the contract. The ADWKLC.FOR 3/6/01 4 COUNTY agrees that failure to submit a RESPONSE within the sixty (60) day period constitutes agreement with any disallowance of an item of expense and authorizes the DEPARTMENT to finally disallow any items of questioned or no opinion expressed cost. The DEPARTMENT shall make its decision with regard to any Notice of Audit Results and RESPONSE within one hundred twenty (120) days after the date of the Notice of Audit Results. If the DEPARTMENT determines that an overpayment has been made to the COUNTY, the COUNTY shall repay that amount to the DEPARTMENT or reach agreement with the DEPARTMENT on a repayment schedule within thirty (30) days after the date of an invoice from the DEPARTMENT. If the COUNTY fails to repay the overpayment or reach agreement with the DEPARTMENT on a repayment schedule within the thirty (30) day period, the COUNTY agrees that the DEPARTMENT shall deduct all or a portion of the overpayment from any funds then or thereafter payable by the DEPARTMENT to the COUNTY under this contract or any other agreement, or payable to the COUNTY under the terms of 1951 PA 51, as applicable. Interest will be assessed on any partial payments or repayment schedules based on the unpaid balance at the end of each month until the balance is paid in full. The assessment of interest will begin thirty (30) days from the date of the invoice. The rate of interest will be based on the Michigan Department of Treasury common cash funds interest earnings. The rate of interest will be reviewed annually by the DEPARTMENT and adjusted as necessary based on the Michigan Department of Treasury common cash funds interest earnings. The COUNTY expressly consents to this withholding or offsetting of funds under those circumstances, reserving the right to file a lawsuit in the Court of Claims to contest the DEPARTMENT'S decision only as to any item of expense the disallowance of which was disputed by the COUNTY in a timely filed RESPONSE. 6. The COUNTY agrees to comply with all applicable requirements of Part 91, Soil Erosion and Sedimentation Control of the Natural Resources and Environmental Protection Act, 1994 PA 451 as amended by 1995 PA 60, MCL 324.9101 et. seq., for all PROJECT work performed under this contract, and the COUNTY shall require its contractors and subcontractors to comply with the same. 7. This contract is not intended to increase or decrease either party's liability or immunity from tort claims. 8. All work performed in connection with the PROJECT will be subject to the provisions of 1925 P.A. 17, Subsection 2, MCLA 250.62, but any reference to State Highway Commission shall be deemed to be the DEPARTMENT for the purposes of this section. 9. Each party to this contract shall remain responsible for any claims arising out of their own actions or failure to act during the product and/or during the performance of the contract, as provided by law. This contract is not intended to increase or decrease either party's liability for or immunity from tort claims. ADWKLC.FOR 3/6/01 5 This contract is not intended nor shall it be interpreted as giving either party hereto a right of indemnification either by contract or at law, for claims arising out of the performance of this contract. 10. 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. The parties will carry out the applicable requirements of the DEPARTMENT'S Disadvantaged Business Enterprise (DBE) program and 49 CFR, Part 26, including, but not limited to, those requirements set forth in Appendix C. ADWKLC.FOR 3/6/01 6 • j 11. This contract shall become binding on the parties hereto and of full force and effect upon the §igning thereof by the duly authorized officials for the COUNTY and for the DEPARTMENT; upon the adoption of a resolution approving said contract and authorizing the signatures thereto of the respective officials of the COUNTY, a certified copy of which resolution shall be attached to this contract; and with approval by the State Administrative Board. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first above written. OAKLAND COUNTY MICHIGAN DEPARTMENT OF TRANSPORTATION By Title: By Title: By Department Director MDOT ADWKLC.FOR 3/6/01 7 Resolution #01084 March 22, 2001 Moved by Causey-Mitchell supported by Moss the resolutions on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Appel, Brian, Buckley, Causey-Mitchell, Crawford, Dingeldey, Douglas, Garfield, Gregory, Law, McPherson, Melton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos. (22) NAYS: None (0) A sufficient majority having voted therefor, the resolutions on the Consent Agenda were adopted, with accompanying reports being accepted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, G. William Caddell, 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 March 22, 2001 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 2ggd da/of March, 2001. G. William Caddell, County Clerk