BOARD OF COMMISSIONERS - Macomb Countyboc.macombgov.org/sites/default/files/content/government... · 2006. 11. 15. · BOARD OF COMMISSIONERS th 1 S. Main St., 9 Floor Mount Clemens,

BOARD OF COMMISSIONERS 1 S. Main St., 9th Floor

Mount Clemens, Michigan 48043 586.469.5125 ~ Fax: 586.469.5993 www.macombBOC.com

David J. Flynn – Board Chair Kathy Tocco – Vice Chair Steve Marino – Sergeant-At-Arms District 4 District 11 District 10

MACOMB COUNTY BOARD OF COMMISSIONERS

Andrey Duzyj – District 1 Marvin Sauger – District 2 Veronica Klinefelt – District 3 Robert Mijac - District 5 James Carabelli – District 6

Don Brown – District 7 Kathy Vosburg – District 8 Fred Miller – District 9 Bob Smith – District 12 Joe Sabatini – District 13

FINANCE COMMITTEE

THURSDAY, JUNE 11, 2015

FINAL AGENDA

1. Call to Order 2. Pledge of Allegiance 3. Adoption of Agenda 4. Approval of Minutes dated April 23 and April 29, 2015 (previously distributed) 5. Public Participation (five minutes maximum per speaker, or longer at the discretion of the Chairperson related only to issues contained on the agenda) 6. Adopt Amended 2015 Depository Resolution/Treasurer’s Office (page 1) (attached) 7. Adopt Amended Central Campus Bond Authorizing Resolution/Finance (page 5) (attached) 8. Recommendations from 6-9-15 Government Operations Committee Meeting:

a) Giffels Webster ($38,485) (page 11) (attached) b) Great Lakes Geomatics, LLC ($54,625) (page 27) (attached)

c) Kennedy Surveying, Inc. ($38,085) (page 43) (attached) d) Lehner Associates, Inc. ($42,695) (page 59) (attached) e) Michigan Surveying, Inc. ($37,395) (page 75) (attached) f) Spalding DeDecker Associates, Inc. ($40,385) (page 91) (attached)

9. Freedom Hill County Park Use License for 2015-2017/Corporation Counsel (attached) (referred from 6-9 Government Operations Committee meeting) (page 107)

FINANCE COMMITTEE FINAL AGENDA JUNE 11, 2015 PAGE 2 10. Items Waived by Infrastructure/Economic Development Committee Co-Chairs: a) Award of Bid & Contract to JSS-Macomb, LLC/Paving of Luchtman Road/ (attached) Department of Roads ($1,554,000) (page 138) b) Contract with MDOT/East Archer Bridge in Harrison Township/Department (attached) of Roads (page 160) c) Contract with MDOT/Metropolitan Parkway/Department of Roads (page 175) (attached) 11. Informational Update on RFP Process for New Defined Contribution Plan for Macomb County/Karen Bathanti, Human Resources/Labor Relations 12. Extension of Part-Time Temporary Employee/Human Resources and Labor (attached) Relations (page 190) 13. Executive Session to Discuss Labor Negotiations 14. Contract Ratifications of 2016 Wage Re-Opener/Human Resources and Labor (attached) Relations (page 194) 15. Correspondence:

a) May 15, 2015 Correspondence from Department of Treasury Regarding (attached) Tri-County Convention Facilities Tax/4% State-Wide Liquor Tax (page 198)

16. New Business 17. Public Participation (five minutes maximum per speaker or longer at the discretion of the Chairperson) 18. Adjournment MEMBERS: Miller-Chair, Brown-Vice-Chair, Carabelli, Duzyj, Flynn, Klinefelt, Mijac, Marino, Sabatini,

Sauger, Smith, Tocco and Vosburg

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Finance 06-11-15

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To: David Flynn, Board Chair

Macomb County Executive Mark A. Hackel

From: Pamela J. Lavers, Assistant County Executivefl-

Date: June 4, 2015

Mark F. Deldin Deputy County Executive

RE: Agenda Item- Finance, Amend Central Campus Bond Authorizing Resolution

Attached you will find documentation and a resolution from Finance Director, Stephen Smigiel, to amend the Central Campus Bond Authorizing resolution that was adopted by the Board of Commissioners in February 2015 to correctly refer to Section 517 of Public Act 34 as the authorizing statute.

The bond authorizing resolution approved in February 2015 made reference to Section 518 of Act 34, Bond counsel has indicated that the bonds are authorized under Section 517.

The Executive Office respectfully submits this agenda item for the Commission's consideration and recommends approval of the amended Central Campus Bond Authorizing resolution, as stated above.

PJL/smf

cc: Stephen Smigiel

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RESOLUTION Resolution to:

A resolution to amend the Central Campus Bond Authorizing resolution that was adopted by the Board of Commissioners in February 2015 to correctly refer to Section 517 of Public Act 34 as the authorizing statute.

Additional Background Information (If Needed):

The bond authorizing resolution approved in February 2015 made reference to Section 518 of Act No. 34, Public Acts of Michigan, 2001 as amended ("Act 34") as the statute under which the bonds are authorized. John Axe of Axe & Ecklund, who is serving as Bond Counsel on this issue, has indicated that the bonds are authorized under Section 517of Act 34 as opposed to Section 518. Bond counsel will be in attendance at the meeting to address any questions.

Committee Meeting Date

Fred Miller, Chair, Finance Committee

Finance 6-24-15

6

g~ ~ -< . . if,c::,..,,GP.~

Mark A. Hackel County Executive

June 1, 2015

Date

Office of County Executive County of Macomb One South Main, 81

h Floor Mount Clemens, Ml 48043

FINANCE DEPARTMENT 120 N. Main St., 2"d Floor

Mount Clemens, Michigan 48043 Phone: 586-469-5250 Fax: 586-469-5066

www.macombgov .org

Finance

REQUEST APPROVAL/ ADOPTION OF

Stephen L. Smigiel, CPA Finance Director

Michelle M. Mykytiak Assistant Finance Director

Fiscal Services

Resolution to Amend the Central Campus Bond Authorizing Resolution

SUBJECT:

Central Campus Bond Authorizing Resolution

IT IS RECOMMENDED THAT THE EXECUTIVE SUBMIT TO THE BOARD: ~

--A resolution to amend the Central Campus Bond Authorizing resolution that was adopted by the Board of Commissioners in February 2015 to correctly refer to Section 517 of Public Act 34 as the authorizing statute

PURPOSE I JUSTIFICATION: " '"

The bond authorizing resolution approved in February 2015 made reference to Section 518 of Act No. 34, Public Acts of Michigan, 2001 as amended ("Act 34") as the statute under which the bonds are authorized. Bond counsel has indicated that the bonds are authorized under Section 517of Act 34 as opposed to Section 518.

FISCAL IMPACT I FINANCING: .~ ~ il

N/A

7

FACfS AND PROVISION l LEGAL REQUIREMENTS:

N/A

CONTRACTING PROCESS: ' '~

N/A

IMPACf ON CURRENT SERVICES_(PROJECfS}:

N/A

Respectfully submitted,

Finance

,.

Resolution to Amend the Central Campus Bond Authorizing Resolution

Finance

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• ~

"' "

21Page

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COUNTY OF MACOMB

At a meeting of the Board of Commissioners of the County of Macomb, Michigan, held on the day of

2015, at .m., Eastern Daylight Savings Time, at the County Building in Mt. Clemens, Michigan there were:

PRESENT:

ABSENT:

The following preambles and resolution were offered by and seconded by

AMENDMENT TO BOND RESOLUTION AUTHORIZING THE COUNTY OF MACOMB TO ISSUE THE COUNTY OF MACOMB CAPITAL IMPROVEMENT BONDS, SERIES

2015 (GENERAL OBLIGATION LIMITED TAX)

WHEREAS, this Board of Commissioners (the "Board") of the County of Macomb (the "County") on February 19, 2015 approved the Bond Resolution (the "Bond Resolution") regarding the issuance of the not to exceed $45,000,000 County of Macomb Capital Improvement Bonds, Series 2015 (General Obligation Limited Tax) to be issued for the purpose of the capital improvement project located in the County all as more fully described in Exhibit A of the Bond Resolution; and

WHEREAS, there were references in the Bond Resolution to Section 518 of Act No. 34, Public Acts of Michigan, 2001 as amended ("Act 34") which should have referred to Section 517 of Act 34.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF MACOMB, MICHIGAN, AS FOLLOWS:

A. The following section is added to the Bond Resolution:

24. Any reference in Section 518 of Act 34 "Section 517 of Act 34".

the Bond Resolution is amended to read

to as

B. All resolutions and parts of resolutions in conflict with the foregoing are hereby rescinded.

C. This Resolution shall become effective upon its adoption by the Macomb County Board of Commissioners.

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A roll call vote on the foregoing resolution was then taken, and was as follows:

YES:

NO:

ABSTAIN:

The resolution was declared adopted.

STATE OF MICHIGAN ) ) ss.

COUNTY OF MACOMB )

CERTIFICATION

The undersigned, being the Clerk of the County of Macomb, hereby certifies that the foregoing is a true and complete copy of a resolution duly adopted by the County of Macomb Board of Commissioners at its meeting held on the day of , 2015, at which meeting a quorum was present and remained throughout and that an original thereof is on file in the records of the County. I further certify that the meeting was conducted, and public notice thereof was given, pursuant to and in full compliance with Act No. 267, Public Acts of Michigan, 1976, as amended, and that minutes of such meeting were kept and will be or have been made available as required thereby.

COUNTY CLERK

DATED: --------------------' 2015

las.r5-mac125

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To:

From:

Dat e:

RE:


David Flynn, Board Chair

Pamela J. Lavers, Assistant County Executive f{-May 15,2015


Agenda Item -Clerk/ROD, Monumentation Agreement with Giffels Webster

Attached you will find documentation and a resolution from Chief Deputy Register, Craig Jones, to approve the Macomb County Monumentation Agreement with Giffels Webster in the amount of $38,485 for Remonumentation Grant Year 2015.

Giffels Webster w ill research Public Land Survey, Private Claim and Property Control ling Corners in Macomb County and provide research dossier to the Remonumentation office containing sufficient evidence to assure the location ofthese corner positions.

The Executive Office respectfully submits this agenda item for the Commission's consideration and recommends approval of the Macomb County Monumentation Agreement with Giffels Webster as stated above.

PJL/smf

cc: Craig Jones Carmella Sabaugh

One South Main * 8'h Floor '~ Mt. Clemens, Michigan 48043 -- Phone (586) 469-7001 1' Fax (586) 469-72 57

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RESOLUTION

Resolution to:

Approve the Macomb County Monumentation Agreement with Giffels Webster in the amount of $38,485.00 for Remonumentation Grant Year 2015.

Commissioner Veronica Klinefelt, Government Operations Committee chair & Committee of the Whole


The Agreement with Giffels Webster is paid from the Macomb County Register of Deeds -Remonumentation budget; Org Key 272-23601. The Remonumentation budget is funded 100 percent by the State of Michigan, Office of Land Survey and Remonumentation.

The Macomb County Board of Commissioners approved the Macomb County Remonumentation Plan on September 24, 1992 and embarked on a program of replacing, restoring and maintaining all Public Land Survey monuments in the county. The Macomb County Plan was updated by the State of Ml Remonumentation Office in April of 2010 and approved by the Macomb County Board on May 25, 2010. Approval of the updated Macomb County Plan was signed by the State of Michigan on June 22, 2010.

These monuments are used by Land Surveyors to determine property line boundaries, road alignments, subdivision layouts, as well as, the location of commercial and industrial property.


Government Operations 06/09/2015

Finance 6-11-15

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May 5, 2015 Date

Todd Schmitz Deputy Clerk

Office of County Executive County of Macomb One South Main, gth Floor Mount Clemens, Ml 48043

Carmella Sabaugh Macomb County

Clerk/Register of Deeds Craig A. Jones

Deputy Register of Deeds

REMONUMENTATION PROGRAM Martin C. Dunn, P.S., Surveyor Representative

Office: 586-469-7916 +Cellular: 810-217-7275 martin.dunn@macombgov .org

Register of Deeds I Remonumentation REQUEST APPROVAL/ ADOPTION OF

Approve the Monumentation Agreement with Giffels Webster

SUBJECT: The Register of Deeds I Remonumentation Program requests the Executive Office submit to the Board of Commissioners the resolution to approve the Monumentation Agreement with Giffels Webster in the amount of $38,485.00.

IT IS RECOMMENDED THAT THE EXECUTIVE SUBMIT TO THE BOARD:

The resolution to approve the Macomb County Monumentation Agreement with Giffels Webster in the amount of $38,485.00 for Grant Year 2015 and

To have the Macomb County Monumentation Agreement with Giffels Webster signed by the Executive's Office.

PURPOSE I JUSTIFICATION:

The purpose of this request is to contract with Giffels Webster for their professional surveying services. Giffels Webster will research Public Land Survey, Private Claim and Property Controlling Corners in Macomb County and provide a research do$sier to the Remonumentation office containing sufficient evidence to assure the location of these corner positions.

FISCAL IMPACT I FINANCING:

The Monumentation Agreement with Giffels Webster is paid from the Register of Deeds I Remonumentation Fund; Org Key 27223601. This budget is grant funded and is subsidized 100 percent by the State of Michigan, Department of Licensing and Regulatory Affairs, Office of Land Survey and Remonumentation.

Clerk's Office 40 N. Main St.

Mount Clemens, Ml 48043 586-469-5120

Fax: 586-783-8184 http://www.macombcountymi.gov/clerksoffice

[email protected]

Fax-on-Demand Michigan: 1-888-99-CLERK Out-of-State: 310-575-5035

Register of Deeds 32 Market Street

Mount Clemens, Ml 48043 586-469-5175

Fax: 586-469-5130 http://www.macombcountymi.gov/registerdeeds

[email protected]

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FACTS AND PROVISION/ LEGAL REQUIREMENTS:

Approve the Monumentation Agreement with Giffels Webster

Register of Deeds I Remonumentation

The work to be done under this Agreement shall be done in accordance with Michigan's Act No. 345 of the Public Acts of 1990 (as amended), Michigan's Act No. 74 of the Public Acts of 1970 (as amended) and The Monumentation and Remonumentation Plan for Macomb County, Michigan.

The Macomb County Board of Commissioners approved the Macomb County Remonumentation Plan on September 24, 1992. When the Macomb County Board met September 23, 1993, they approved the procedure for awarding Remonumentation projects to Professional Surveyors and authorized the Remonumentation Grant Administrator to enter into contracts to undertake the Remonumentation process. The Macomb County Plan was updated by the Remonumentation Office in April of 2010 and approved by the Macomb County Board on May 25, 2010. Approval of the updated Macomb County Plan was signed by the State of Michigan on June 22, 2010.

CONTRACTING PROCESS: The Monumentation Agreement with Giffels Webster is not a bid process. It is an agreement for professional services in accordance with Michigan's Act No. 345 of the Public Acts of 1990 (as amended), and The Monumentation and Remonumentation Plan for Macomb County, Michigan.

The Remonumentation Program through the Macomb County Purchasing Department posted Request for Qualifications (RFQ) on MITN for the purpose of updating and expanding the pool of Professional Surveyors I Firms to do business with. It is not a bid process, but a selection of qualified firms to contract with.

Giffels Webster qualified to work with the Remonumentation Program, as evaluated by the Remonumentation Selection Committee. The Remonumentation RFQ process was followed as outlined in the Purchasing Department policy and the County policy in regards to Professional Services contracts.

IMPACT ON CURRENT SERVICES (PROJECTS):

The surveying and monumentation of Public Land Corners, Private Claim and Property Controlling Corners is vital to the Macomb County Remonumentation Program, as well as, all of Macomb County. Giffels Webster's professional expertise assists in the program's goal of restoring, recording and maintaining the monuments used to determine property line boundaries, road alignments, subdivision layouts, in addition to the location of commercial and industrial property. The published corner data is used by the Macomb County Department of Roads and professional surveyors.


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Department Leader:

CONTRACT REVIEW ROUTING FORM ORIGINATING DEPARTMENT INFORMATION

Department: Date:

Craig Jones Register of Deeds/Remonumentation 05/05/2015 Contract Contact Person: Contact Phone Number: NOTE: Contracts are returned interoffice mail unless specified below:

Michelle Johnson (586) 469-6752 Q au for Pick Up: #

CONTACT I PROGRAM INFORMATION Contract I Program Title: GRANT

Macomb County Monumentation Agreement-Giffels Webster Q wARD

(gfunded

DEPARTMENT ROUTING & AUTHORIZATIONS NOTES:

1. RISK & CONTRACT MANAGEMENT-

~ Approved

D Approved with changes

D Rejected

R ETURN TO

p Approved


D Rejected

RETURN TO

RISK & CONTRACT MANAGEMENT

4. OFFICE OF COUNTY EXECUTIVE-

D Approved

D BOC Review Required


D Rejected

R ETURN TO

R ISK & C ONTRACT MANAGEMENT

Date

Date

Authorized Signature Date

Return By Date:

06/15/2015

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C::: E" MAY 06 : W1 ~~ ECI)

1ij MACOMB (., :./.J,~·iy a. t3 FINANCE

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RECEIVED MAY 1 2 2015

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EXECUTIVE OFFICE

MAY 12 2015

RECEIVED

15


Department Leader: Department: Date:

Craig Jones Register of Deeds/Remonumentation 05/05/2015 Contract Contact Person: Contact Phone Number: NOTE: Contracts are retumed interoffice mail unless specified below:

Michelle Johnson (586) 469-6752 Oau for Pick Up: #

CONTACT I PROGRAM INFORMATION Contract I Program Title: ~ GRANT

Macomb County Monumentation Agreement-Giffels Webster !""'!' AWARD (County Recipient)

X Funded (Program)

Vendor Number (if known): Vendor Name:

V01834 Giffels Webster

Original Contract Amount: Amendment Amount: Total Amended Contract Amount:

$ 38,485.00 $ $ 38,485.00 Contract Begin Date: Amendment Date: Contract End Date:

01/01/2015 12/31/2015 ~ tract: If Renewal or Amendment, what terms have changed (if any):

~ New Renewal

i""' Amendment

Vendor ~ Yes Disclosure X IFAS

Form Attached: No (N/A)

Funding Source- Org Key I Object- (If known):

27223601/80170 Targeted Committee Date:

06/09/2015 Amendment Number:

Contract Bid: If not bid out, please explain: Lowest Bid: If not lowest bid, please explain:

D Yes ~No

Professional Services D Yes

0 No

Bid Number: How many bidders responded? Winning bidder Macomb County Entity:

[J Yes [J No - Explain:

Contract I Program Synopsis:

Giffels Webster has been contracted to research and provide a dossier containing sufficient evidence of the research to assure the position of eight (8) Public Land Survey Corner and three (3) Private Claim and Property Controlling Corner locations in Clinton Township, Michigan.

These corners/monuments are used by Land Surveyors to determine property line boundaries, road alignments, subdivision layouts, as well as, the location of commercial and industrial property.

The Macomb County Board of Commissioners approved the Macomb County Remonumentation Plan on September 24, 1992 and embarked on a program of replacing, restoring and maintaining all Public Land Survey monuments in the county. The Macomb County Plan was updated by the State of Michigan, Remonumentation Office in April of 2010 and approved by the Macomb County Board on May 25, 2010. Approval of the updated Macomb County Plan was signed by the State of Michigan on June 22, 2010.

OTHER CONTRACT INFORMATION

Ll CONTRACT REQUIRES SIGNATURE OF COUNTY EXECUTIVE ONLY. DESIGNEE SIGNATURE WILL NOT BE ACCEPTED.

PLEASE CHECK APPROPRIATE ITEM BELOW {IF APPLICABLE):

18) 1. AWARDING A CONTRACT OF $35,000 OR MORE FOR SERVICES, SUPPLIES, MATERIALS, EQUIPMENT OR REAL ESTATE.

D 2. AWARDING A CONTRACT OF $100,000 OR MORE FOR CONSTRUCTION.

D D D Ll D

3. AWARDING A CONTRACT MODIFICATION EXCEEDING 10% OF THE ORIGINAL APPROVED CONTRACT AMOUNT.

4. AWARDING A CONTRACT THAT EXCEEDS 5 YEARS IN LENGTH.

5. EMPLOYER PAID FRINGE BENEFITS.

6. COLLECTIVE BARGAINING AGREEMENTS.

7. INTERGOVERNMENTAL AGREEMENTS AS DEFINED BY CHARTER SECTION 3.1.

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MACOMB COUNTY MONUMENTATION AGREEMENT

This is an Agreement made January 1, 2015 by the County ofMacomb, Michigan, a body corporate and Charter County (hereinafter, MACOMB) and Giffels Webster (hereinafter, the COMPANY).

As specified in MACOMB's PLAN, the SURVEYOR'S work is additionally subject to the approval of MACOMB's Peer Group.

RECITALS:

1. MACOMB has adopted a County Monumentation and Remonumentation Plan (hereinafter, MACOMB's PLAN), which requires certain work to be done by a Professional Surveyor; and MACOMB has executed a Grant Agreement with the State of Michigan, which is furnishing Grant funds for the purpose of accomplishing all or a part of this work.

2. MACOMB has appointed a County Grant Administrator (hereinafter, MACOMB's ADMINISTRATOR), who will be responsible for the contracts and the financial aspects of MACOMB's Grant work, as well as the financial aspects of this Agreement.

3. MACOMB, has appointed a County Surveyor/Representative (hereinafter MACOMB's REPRESENTATIVE) who will be responsible for the technical aspects of MACOMB's Grant work, as well as, the technical aspects ofthis Agreement. And MACOMB's REPRESENTATIVE will chair periodic meetings of a Peer Group (appointed by said REPRESENTATIVE), which Group will function as specified in MACOMB's PLAN.

NOW, THEREFORE, in consideration of the covenants contained herein and the mutual benefits both parties acknowledge, MACOMB and the COMPANY agree as follows:

ARTICLE 1 - THE WORK. The COMPANY acknowledges that it has been given a copy of MACOMB's PLAN. The work to be done under this Agreement shall be done in accordance with Michigan Act No. 345 of the Public Acts of 1990 (as amended), MACOMB's PLAN, and Michigan Act No. 74 of the Public Acts of 1970 (as amended). The COMPANY shall provide a Professional Surveyor (hereinafter, the SURVEYOR), who shall be completely responsible for the proper execution of the work specified in this Agreement. Said SURVEYOR shall be the signatory (or one of the signatories) for the COMPANY's execution of this Agreement. The COMPANY shall furnish all materials and equipment and perform all ofthe work described in Exhibit A (included herein and made a part of this Agreement) in strict compliance with this Agreement. The work shall be completed to the satisfaction ofMACOMB's REPRESENTATIVE.

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ARTICLE 2- CHANGES AND ALTERATIONS. The COMPANY agrees to make alterations to the Work under this Agreement as MACOMB's REPRESENTATIVE may order in writing. If such alterations are beyond the Scope of Work covered in Exhibit A, such alterations shall be paid for at a price mutually agreed upon at the time by MACOMB's ADMINISTRATOR and the COMPANY. Such price may be based on either a unit price, a lump sum price, or on time and material.

ARTICLE 3 - TIME. The COMPANY covenants and agrees that the work herein agreed to be performed shall be commenced promptly upon Notice to Proceed, and that said work shall be carried on with dispatch (time being of the essence ofthis Agreement) and in such manner as to be fully and completely performed on or before the date set forth in Exhibit A.

ARTICLE 4- EXTENSION OF TIME. Ifthe COMPANY is unavoidably delayed in fulfilling this Agreement, due to reasons listed below, the COMPANY may request an extension oftime. Said request must be in writing within seven (7) days following the date such cause or delay occurred. Extensions approved shall be as MACOMB's ADMINISTRATOR and MACOMB's REPRESENTATIVE judge to be just and reasonable.

Reasons for extension may be:

1. Delay or suspension of work by the COMPANY for causes other than negligence faulty work, or the failure or refusal to carry out the provisions of this Agreement for the orders ofMACOMB.

2. Delays due to unforeseen causes beyond the control and without the fault or negligence of the COMPANY, including but not restricted to acts of God, acts of the public enemy, acts of Government, acts of State or any political subdivision thereof, fires, floods, epidemics, labor dispute, or extraordinary delays in delivery of materials.

ARTICLE 5- ASSIGNMENT OF AGREEMENT. The COMPANY shall not assign or transfer this Agreement or sublet any part of the work embraced in it, except with the written consent of MACOMB to do so.

All parts of the work that may be performed by an approved subcontractor shall be done in conformity with and be subject to all the provisions of the Agreement exactly as if performed by the COMPANY and its immediate employees and workmen. No subletting ofthe work shall in any way diminish or weaken the responsibility ofthe COMPANY for all parts ofthe work or lessen its obligations and liabilities under this Agreement.

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ARTICLE 6- MACOMB'S RIGHT COMPLETE. Ifthe COMPANY shall be adjudged bankrupt, or if it should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency, or ifthe COMPANY should persistently or repeatedly fail to perform the work, or if it should persistently disregard laws or ordinances or the directions of MACOMB, or if it should willfully and repeatedly violate any of the substantial provisions of this Agreement; then, in such case MACOMB shall state in writing that sufficient cause exists to order the COMPANY to discontinue all further work under this Agreement. Upon receipt ofthis notice, the COMPANY shall at once discontinue such work. MACOMB shall have the right to finish the work by contract, or otherwise, as MACOMB may elect. The COMPANY shall not be entitled to receive any payment until the work is finished. Further, the COMPANY shall only be entitled to receive payment for that portion of the work, which was properly completed by the COMPANY.

From and after the date of the order to discontinue work, and until said work shall have been finally completed by MACOMB, neither the COMPANY nor any of its agents or employees shall remove, or make any direct or indirect effort to remove any of the materials from the point at which they were located on the date of said order, except upon the written consent of MACOMB to do so.

The foregoing provisions of this article are without prejudice to any other right of remedy which MACOMB may have under this Agreement.

ARTICLE 7 - GENERAL REQUIREMENTS. The COMPANY shall comply with the following general requirements:

Permits and Regulations: The COMPANY shall secure and bear the cost of any permits or licenses necessary for the work contracted for. And the COMPANY shall obey and abide by the laws and requirements ofthe State of Michigan and ofthe County of MACOMB relating to the employment of labor on public work.

Indemnity Clause: The COMPANY agrees that, to the extent that liabilities, obligations, damages, claims, costs, charges, and expenses are caused by a negligent act, error, or omission of the COMPANY (or anyone directly or indirectly employed by it) arising from the services rendered by the COMPANY or its SURVEYOR, the COMPANY agrees to hold harmless and indemnify MACOMB and the State of Michigan (and its agents and employees) from and against said liabilities, obligations, damages, claims, costs, charges, and expenses imposed upon MACOMB or the State of Michigan.

Insurance: Prior to commencement ofthe work, the COMPANY shall purchase and maintain during the term ofthis Agreement such insurance as will protect MACOMB and the COMPANY from claims arising out ofthe work performed by the COMPANY under this Agreement. As a minimum, such insurance shall consist of the following with the stated minimum limits:

Workers Compensation Insurance- Statutory.

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19

A Comprehensive General Liability Policy to cover bodily injury and damage to tangible property, including loss of use thereof. The Policy shall include Owner's Protective coverage for independent contractors or subcontractors employed by the COMPANY and the usual Personal Injury Liability endorsement with no exclusions pertaining to employment.

A Comprehensive Automobile Liability policy to cover bodily injury and property damage arising out of the ownership, maintenance, or use of any motor vehicle, including owned, non-owned, and hired vehicles.

For above-noted Comprehensive Liability Policies, the limits shall be:

Bodily Injury - Each Occurrence Bodily Injury- Aggregated (Completed Operations) Property Damage - Each Occurrence Property Damage - Aggregated or Combined Single Limit Professional Liability Insurance

$500,000 $500,000 $100,000 $500,000 $100,000

Policies shall be endorsed to provide that at least 30 days written notice shall be given to MACOMB of Cancellation or of intent not to renew.

MACOMB reserves the right to request complete Certificates of Insurance if deemed necessary to ascertain details of coverage.

ARTICLE 8 -PAYMENT. In consideration ofthe faithful and entire performance by the COMPANY of its obligations under this Agreement, MACOMB shall pay the COMPANY, at the time and in the manner stipulated, the amount based on the Total Contract Amount Not To Exceed as set forth in Exhibit B (attached hereto an made a part of this Agreement) in strict compliance with this Agreement.

As soon as practicable after the satisfactory completion of all work covered by this Agreement, MACOMB's REPRESENTATIVE will make a final inspection of the work as a whole and will make up a final estimate of the total amount due the COMPANY under the terms of this Agreement. The COMPANY shall file with MACOMB a sworn statement that all claims for amounts due for labor, materials, and equipment furnished for this work have been paid in full. Upon the acceptance of the completed work and the receipt of the sworn statement, MACOMB will pay the COMPANY the entire amount of such final estimate.

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Exhibit A:

SCOPE OF WORK, PAYMENT AMOUNTS, AND TIME FOR PERFORMANCE OF WORK TO BE DONE UNDER THE MACOMB COUNTY MONUMENT A TION AGREEMENT OF EVEN DATE.

NAME OF THE COMPANY: Giffels Webster

DATE OF THE AGREEMENT AND NOTICE TO PROCEED: January 1, 2015

1. Included in this Agreement are:

a. "Public Land Survey Corners," and/or "Property-Controlling Comers," as follows:

T2N.R13E: DlO, FlO, F12, HlO, H12, JlO, J12, Kll, Other Codes PC-041: Southwest Corner of Private Claim 164 common with the most western corner of Private Claim 162 and the Northwest Corner ofPrivate Claim 316, on the easterly line ofFractional Section 35, PCC-046: Intersection of the section line common to Fractional Sections 35 and 36 with the westerly line of Private Claim 164, PCC-049: Intersection ofthe section line common to Fractional Sections 25 and 36 with the westerly line of Private Claim 164.

b. Establishing Macomb County approved State Plane Coordinates on Remonumented corners as follows: n/a.

2. For each of the above-noted "Public Land Survey Corners" and/or "Property Controlling Corners", the COMPANY's SURVEYOR shall:

a. Do the research and provide a "Research Dossier" containing sufficient evidence of the research to assure MACOMB's Peer Group that the recommended locations of the corner can be accepted under one of the following conditions:

(1) The selected location is a careful and faithful perpetuation of the position of the original corner; or

(2) The selected location is a careful and faithful re-establishment of the position of the original corner; or

(3) The selected location is accepted by me and is generally accepted by Professional Surveyors as the best available evidence of the position of the original corner.

b. Include in the above-noted Research Dossier, a typed ready-for-recording "Land Corner Recordation Certificate" (LCRC) in the form as required by Michigan Act 74 of the Public Acts of 1970 (as amended). Said LCRC shall include, under Section C thereof, one of the

5

21

three statements listed in above Section 2.a. One copy of the Dossier and the proposed LCRC must be submitted to MACOMB's REPRESENTATIVE one week prior to MACOMB's Peer Group Meeting. Attendance at MACOMB's Peer Group Meeting to present evidence found and make recommendations for each corner position is required.

c. After approval ofthe location by MACOMB's Peer Group, install the MACOMB-furnished "Iron and Cap" adopted for MACOMB's Monumentation Program. Affix the SURVEYOR's license number onto said Cap.

d. If a corner is common to two or four townships, Dossiers and a LCRC must be submitted for all common corners.

3. After approval by MACOMB's Peer Group, MACOMB's REPRESENTATIVE will stamp the LCRC with an appropriately-worded stamp indicating that the corner's position was accepted under MACOMB's Monumentation Program.

4. MACOMB shall furnish the following materials: (a) 24-inch long by %-inch diameter iron bars; (b) cap marked "Macomb County Monument- MI Act 345" (c) Macomb County (MI Act 345) Witness Tags and (d) where necessary, a Macomb County Monument Box.

5. After the SURVEYOR places the Iron and Cap, MACOMB shall record the LCRC and store its Research Dossier.

6. Ifthis Agreement includes establishing State-approved State Plane Coordinates see "Procedures for Establishing Macomb County Remonumentation Program State Plane Coordinates," outlined in Exhibit C (attached hereto and made a part of the Agreement) in strict compliance with this Agreement.

7. Appoint a Michigan Licensed Professional Surveyor as a MACOMB Peer Group Member, if requested by MACOMB's REPRESENTATIVE. The selected MACOMB Peer Group Member shall be approved by the Macomb County Board of Commissioners. The MACOMB Peer Group Member will attend MACOMB's Peer Group meetings when requested and as scheduled by MACOMB's REPRESENTATIVE, consisting of a maximum of two (2) meetings per month held between April and December of the Grant Year. In the event that the appointed MACOMB Peer Group Member cannot attend a scheduled meeting, two (2) weeks prior notice is required.

8. The SURVEYOR shall be paid for the work upon receipt of approval from MACOMB's ADMINISTRATOR. Payments will be based on the unit prices described in Exhibit B.

6

22

9. The time set for the completion of this work is September 30, 2015. The date of the NOTICE TO PROCEED in Exhibit A is the date of the execution of this Agreement. Failure to complete the work on time will be considered grounds for the termination of this Agreement and may be grounds for not considering the COMPANY for any future work.

IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written.

WITNESS MACOMB COUNTY OFFICE OF THE EXECUTIVE

By: __________________________________ __ Pamela Lavers Assistant County Executive

Printed N arne

MACOMB COUNTY REGISTER OF DEEDS

By:~~ Cra· A. n s, Ch1efDeputy Register & Remonumentation Grant Administrator

Printed Name h Its: fJ4£-mu 1!2tA cf#kYL,

1

Please have one witness to your signature.

7

23

Exhibit B:

Payment Schedule: Giffels Webster

Number ofUnits

8

3

6

Public Land Survey Corners

Urban

Private Claim

Install Monument Box

Unit Price

$2,870.00

$3,275.00

$ 950.00

Amount

$22,960.00

$ 9,825.00

$ 5 700.00

Total Contract Amount Not To Exceed $38,485.00

8

24

Exhibit C:

Procedures For Establishing Macomb County Remonumentation Program State Plane Coordinates

A. Observation Procedures

1. Antenna Height measurement at the beginning and end ofthe observation session. 2. Observation times shall not be less than thirty (30) minutes. 3. Two (2) observation sessions per station.

B. Deliverables

1. An Observation Log sheet showing the following:

a. Manufacturer Make and Model of the antenna and GPS receiver used. b. The corresponding NGS antenna definition for the antenna used. c. Direct antenna height readings taken and the location where taken. d. Timeframe of work period (start/stop times). e. A reduction of the direct antenna height reading to the ARP (Antenna Reference Plane).

2. OPUS extended output:

a. Output shall have peak to peak errors ofless than 2cm (0.06 feet). b. IGS Rapid or precise orbits must be used. Use of Ultra Rapid Orbit is not acceptable. c. Overall RMS of Observation must be under 2cm (0.06 feet). d. 95% or greater of the ambiguities must be fixed. e. 90% or greater of the observations shall be used. f. All reference stations used as control must be MSRN Stations. If not possible, contact

the MDOT Survey Consultant Project Manager for the project or Region Survey Manager.

g. State Plane Coordinates for the point must all be displayed.

3. Spreadsheet summary for all stations containing:

a. OPUS results for each observation ID, Latitude, Longitude, State Plane Coordinate, orthometric height, standard deviations and coordinate average of all results. (Excel file template will be provided by the Macomb County Surveyor Representative)

4. Check report showing the difference in published values and measured values of the adjacent network observations and the direct measurement result differences between values and the direct measurements.

5. LCRC in recordable form. (Template provided by Macomb County Surveyor Representative)

9

25

Exhibit C:

C. All of the files must be submitted in electronic format, in addition, a hard copy of the OPUS output and the observation sheet must be submitted.

D. Orthometric heights derived from OPUS solutions are acceptable for elevation reporting at each station.

E. Traverse procedures shall consist ofthree (3) sets of angles (direct and inverted) from two (2) control points that have been occupied and adjusted according to the above referenced GPS procedures.

F. Network and Ground Measurement Checks.

1. Previously adjusted and published stations shall be measured using RTK procedures or direct ground measurement from two (2) control points established using the above referenced GPS procedures. The number of stations will be determined by the Macomb County Surveyor Representative.

2. Direct ground measurements between stations that have been occupied in that year's adjustment shall be taken and compared with the inverse between the coordinate values that has been established in that year's adjustments. The number of stations will be determined by the Macomb County Surveyor Representative.

G. All of the above items must be supplied in one (1) bookmarked .PDF format and submitted to the Macomb County Surveyor Representative.

10

26

To:

From:

Date:

RE:





Agenda Item- Clerk/ROD, Monumentation Agreement with Great Lakes Geomatics, LLC

Attached you will find documentation and a resolution from Chief Deputy Register, Craig Jones, to approve the Macomb County Monumentation Agreement with Great Lakes Geomatics, LLC in the amount of $54,625 for Remonumentation Grant Year 2015.

Great Lakes Geomatics, LLC will research land records to establish State Plane Coordinate values on the remonumented corners and research Macomb County information from Planning Department composites.

The Executive Office respectfully submits this agenda item for the Commission's consideration and recommends approval of the Macomb County Monumentation Agreement with Great Lakes Geomatics, LLC as stated above.

PJL/smf


One South Main -~ 8'h Floor * Mt. Clemens, Michigan 48043 .. Phone (586) 469-7001 -~ Fax (586) 469-7257

27


Approve the Macomb County Monumentation Agreement with Great Lakes Geomatics, LLC in the amount of $54,625.00 for Remonumentation Grant Year 2015.



The Agreement with Great Lakes Geomatics, LLC is paid from the Macomb County Register of Deeds -Remonumentation budget; Org Key 272-23601. The Remonumentation budget is funded 100 percent by the State of Michigan, Office of Land Survey and Remonumentation.





Finance 6-11-15

28

May 1, 2015 Date


Office of County Executive County of Macomb One South Main, 8th Floor

Mount Clemens, Ml 48043






Register of Deeds/Remonumentation REQUEST APPROVAL/ ADOPTION OF

Approve the Menu mentation Agreement with Great Lakes Geomatics

SUBJECT:

The Register of Deeds I Remonumentation Program requests the Executive Office submit to the Board of Commissioners the resolution to approve the Monumentation Agreement with Great Lakes Geomatics, LLC in the amount of $54,625.00.


The resolution to approve the Macomb County Monumentation Agreement with Great Lakes Geomatics in the amount of $54,625.00 for Grant Year 2015 and

To have the Macomb County Monumentation Agreement with Great Lakes Geomatics signed by the Executive's Office.


The purpose of this recommended action is to contract with Great Lakes Geomatics for professional land surveying services. Great Lakes Geomatics will research land records to establish State Plane Coordinate values on remonumented corners and research Macomb County information from Planning Department composites, Register of Deeds (unrecorded surveys and color-scanned plat images) and assist in the search for recorded documents as requested by the Contract Surveyors.


The contract with Great Lakes Geomatics is paid from the Register of Deeds I Remonumentation Fund; Org Key 272-23601. This budget is grant funded and is subsidized 100 percent by the State of Michigan, Office of Land Survey & Remonumentation.


Mount Clemens, Ml 48043 586-469-5120

Fax: 586-783-8184 http://www. macombcou ntymi .gov/clerksoffice

[email protected]



Mount Clemens, Ml 48043 586-469-5175


registerdeeds@macombcountymi .gov

29


Approve the Monumentation Agreement with Great Lakes Geomatics

Register of Deeds/Remonumentation

The Macomb County Board of Commissioners approved the Macomb County Remonumentation Plan on September 24, 1992 and embarked on a program of replacing, restoring and maintaining all Public Land Survey monuments in the County. When the Macomb County Board met September 23, 1993, they approved the procedure for awarding Remonumentation projects to Professional Surveyors and authorized the Remonumentation Grant Administrator to enter into contracts to undertake the Remonumentation process. The Macomb County Plan for Monumentation and Remonumentation was updated by the Remonumentation Office in April of 2010 and approved by the Macomb County Board on May 25, 2010. Approval of the updated Macomb County Plan was signed by the State of Michigan on June 22, 2010. Funding priorities are established per the requirements of Public Act 345 and are used to establish the Remonumentation priorities for 2015.

CONTRACTING PROCESS:

In March 2013, the Remonumentation Program through the Macomb County Purchasing Department posted Request for Qualifications (RFQ) on MITN for the purpose of updating and expanding the pool of Professional Surveyors/Firms to do business with . It is not a bid process, but a selection of qualified firms to contract with .

Great Lakes Geomatics qualified to work with the Remonumentation Program, as evaluated by the Remonumentation Selection Committee. The Remonumentation RFQ process was followed as outlined in the Purchasing Department policy and the County policy in regards to Professional Services contracts.

IMPACT ON CURRENT SERVICES (PROJECTS) :

The Monuments and State Plane Coordinate values Great Lakes Geomatics is contracted to research, restore, record and maintain are used by Land Surveyors to determine property line boundaries, road alignments, subdivision layouts, as well as, the location of commercial and industrial property. The surveying and monumentation of Public Land Corners, Private Claim Corners and Property Controlling Corners is vital to the Macomb County Remonumentation Program, as well as, all of Macomb County. The published Michigan State Plane Coordinates are used by the Macomb County GIS Division, Department of Roads and professional surveyors.


21 Page

30



Craig A. Jones Register of Deeds/Remonumentation 05/01/2015 Contract Contact Person: Contact Phone Number: NOTE: Contracts are returned interoffice mail unless specified below:

Michelle Johnson (586) 469-6752 Qall for Pick Up: #

CONTACT I PROGRAM INFORMATION Contract I Program Title: GRANT Return By Date:

Macomb County Monumentation Agreement -beef\--T L.a.te-5 Q wARD

be oMtt+u~ .s., LL(.... ~unded 06/15/2015


0 Approved with changes

0 Rejected

RETURN TO

~Approved


0 Rejected

RETURN TO



0 Rejected

RETURN TO

RISK & CONTRACT IVJA,NAC;iEM'ENIG' .,1-~~~:::::JC_~~~~

0 Approved

~BOC Review Required


0 Rejected

1 fD)~~IE~Ilf~rr1\ i Jr"\< MAY 5 zo1s IUJ

S"(5/t5 ~ ' .J

-------- ~ Risk Management & Safety

-g RECEIVED >

·~

~ ~ MAY 0 5 2015 ~19 ~ (/) MACOMB COUNTY ~ FINANCE 0

Date

-g RECEIVED > ·~

~ ~ MAY 1 2 2015 ...__../' 53 2 6/!1/.26 ~w CORPORATIONCOUNSEL

c Q)

E

EXECUTIVE OFFICE

MAY 12 2015

RECEIVED ~~L~ Autholjfzeg Signature ------'=--------;::-.....,...-----=-

RETURN TO


~--I~ -I ~R Q)

Date o

31



Craig A. Jones Register of Deeds/Remonumentation 05/01/2015 Contract Contact Person: Contact Phone Number: NOTE: Contracts are returned interoffice mail unless specified below:

Michelle Johnson (586) 469-6752 CONTACT I PROGRAM INFORMATION

Contract I Program Title:

Macomb County Monumentation Agreement Vendor Number (if known): Vendor Name:

V29146 Great Lakes Geomatics, LLC




~ New Renewal

- Amendment

for Pick Up: #

~ GRANT

~ AWARD (County Recipient)

X Funded (Program)




27223601/80170 Targeted Committee Date:


Contract Bid: If not bid out, please explain : Lowest Bid: If not lowest bid, please explain:

D Yes ~ No

Professional Services D Yes 0 No


D Yes D No - Explain:


The Macomb County Board of Commissioners approved the Macomb County Remonumentation Plan on September 24, 1992 and embarked on a program of replacing , restoring and maintaining all Public Land Survey monuments in the county. The Macomb County Plan was updated by the State of Michigan, Remonumentation Office in April of 2010 and approved by the Macomb County Board on May 25, 2010. Approval of the updated Macomb County Plan was signed by the State of Michigan on June 22, 2010.


Great Lakes Geomatics has been contracted to establish 47 State Plane Coordinate values on corners previously remonumented located in Ray and Lenox Townships. Additionally, Great Lakes Geomatics will submit their findings of State Plane Coordinates on Public Land Survey Corners to the State of Michigan, Office of Land Survey and Remonumentation .

Great Lakes Geomatics will also research Macomb County information from Planning Department composites, Register of Deeds (unrecorded surveys and color-scanned plat images), and assist in the search for recorded documents as requested by the Contract Surveyors for 45 GLO Corners and 109 Michigan State Plane Coordinates.



PLEASE CHECK APPROPRIATE ITEM BELOW (IF APPLICABLE):

181 1. AWARDING A CONTRACT OF $35,000 OR MORE FOR SERVICES, SUPPLIES, MATERIALS, EQUIPMENT OR REAL ESTATE.


D D D

B


4. A WARDING A CONTRACT THAT EXCEEDS 5 YEARS IN LENGTH.


6. C OLLECTIVE BARGAINING AGREEMENTS.

7. INTERGOVERNMENTAL A GREEMENTS AS DEFINED BY C HARTER SECTION 3.1 .

32


This is an Agreement made January 1, 2015 by the County ofMacomb, Michigan, a body corporate and Charter County (hereinafter, MACOMB) and Great Lakes Geomatics, LLC (hereinafter, the COMPANY).


RECITALS:



3. MACOMB, has appointed a County Surveyor/Representative (hereinafter MACOMB's REPRESENTATIVE) who will be responsible for the technical aspects of MACOMB's Grant work, as well as, the technical aspects of this Agreement. And MACOMB's REPRESENTATIVE will chair periodic meetings of a Peer Group (appointed by said REPRESENTATIVE), which Group will function as specified in MACOMB's PLAN.


ARTICLE 1 - THE WORK. The COMPANY acknowledges that it has been given a copy of MACOMB's PLAN. The work to be done under this Agreement shall be done in accordance with Michigan Act No. 345 of the Public Acts of 1990 (as amended), MACOMB's PLAN, and Michigan Act No. 74 of the Public Acts of 1970 (as amended). The COMPANY shall provide a Professional Surveyor (hereinafter, the SURVEYOR), who shall be completely responsible for the proper execution of the work specified in this Agreement. Said SURVEYOR shall be the signatory (or one of the signatories) for the COMPANY's execution of this Agreement. The COMPANY shall furnish all materials and equipment and perform all ofthe work described in Exhibit A (included herein and made a part of this Agreement) in strict compliance with this Agreement. The work shall be completed to the satisfaction ofMACOMB's REPRESENTATIVE.

33


ARTICLE 3 - TIME. The COMPANY covenants and agrees that the work herein agreed to be performed shall be commenced promptly upon Notice to Proceed, and that said work shall be carried on with dispatch (time being of the essence of this Agreement) and in such manner as to be fully and completely performed on or before the date set forth in Exhibit A.

ARTICLE 4- EXTENSION OF TIME. If the COMPANY is unavoidably delayed in fulfilling this Agreement, due to reasons listed below, the COMPANY may request an extension of time. Said request must be in writing within seven (7) days following the date such cause or delay occurred. Extensions approved shall be as MACOMB's ADMINISTRATOR and MACOMB's REPRESENTATIVE judge to be just and reasonable.





All parts of the work that may be performed by an approved subcontractor shall be done in conformity with and be subject to all the provisions of the Agreement exactly as if performed by the COMPANY and its immediate employees and workmen. No subletting of the work shall in any way diminish or weaken the responsibility ofthe COMPANY for all parts of the work or lessen its obligations and liabilities under this Agreement.

2

34

ARTICLE 6- MACOMB'S RIGHT COMPLETE. Ifthe COMPANY shall be adjudged bankrupt, or if it should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency, or if the COMPANY should persistently or repeatedly fail to perform the work, or if it should persistently disregard laws or ordinances or the directions of MACOMB, or if it should willfully and repeatedly violate any of the substantial provisions of this Agreement; then, in such case MACOMB shall state in writing that sufficient cause exists to order the COMPANY to discontinue all further work under this Agreement. Upon receipt of this notice, the COMPANY shall at once discontinue such work. MACOMB shall have the right to finish the work by contract, or otherwise, as MACOMB may elect. The COMPANY shall not be entitled to receive any payment until the work is finished. Further, the COMPANY shall only be entitled to receive payment for that portion of the work, which was properly completed by the COMPANY.




Permits and Regulations: The COMPANY shall secure and bear the cost of any permits or licenses necessary for the work contracted for. And the COMPANY shall obey and abide by the laws and requirements of the State of Michigan and of the County of MACOMB relating to the employment of labor on public work.


Insurance: Prior to commencement of the work, the COMPANY shall purchase and maintain during the term of this Agreement such insurance as will protect MACOMB and the COMPANY from claims arising out of the work performed by the COMPANY under this Agreement. As a minimum, such insurance shall consist of the following with the stated minimum limits:


3

35




Bodily Injury- Each Occurrence Bodily Injury- Aggregated (Completed Operations) Property Damage -Each Occurrence Property Damage -Aggregated or Combined Single Limit Professional Liability Insurance

$500,000 $500,000 $100,000 $500,000 $100,000


MACOMB reserves the right to request complete Certificates of Insurance if deemed necessary to ascertain details of coverage.

ARTICLE 8- PAYMENT. In consideration ofthe faithful and entire performance by the COMPANY of its obligations under this Agreement, MACOMB shall pay the COMPANY, at the time and in the manner stipulated, the amount based on the Total Contract Amount Not To Exceed as set forth in Exhibit B (attached hereto an made a part of this Agreement) in strict compliance with this Agreement.

As soon as practicable after the satisfactory completion of all work covered by this Agreement, MACOMB's REPRESENTATIVE will make a final inspection ofthe work as a whole and will make up a final estimate of the total amount due the COMPANY under the terms of this Agreement. The COMPANY shall file with MACOMB a sworn statement that all claims for amounts due for labor, materials, and equipment furnished for this work have been paid in full. Upon the acceptance of the completed work and the receipt ofthe sworn statement, MACOMB will pay the COMPANY the entire amount of such final estimate.

4

36

Exhibit A:

SCOPE OF WORK, PAYMENT AMOUNTS, AND TIME FOR PERFORMANCE OF WORK TO BE DONE UNDER THE MACOMB COUNTY MONUMENTATION AGREEMENT OF EVEN DATE.

NAME OF THE COMPANY: Great Lakes Geomatics, LLC



a. "Public Land Survey Corners," and/or "Property-Controlling Corners," as follows:

Research 45 GLO Corners assigned in the 2015 Remonumentation Work Program.

b. Establishing Macomb County approved State Plane Coordinates on Remonumented corners as follows:

T4N.R13E: F09, Fll, G05, G07, G09, Gll, Gl2, HOl, H03, H07, H09, H11, 101, 102, 103, 104, 105, 106, 107, 108, 109, Ill, 112, JOI, 103, 105, 107, 109, 111, KOI, K02, K03, K05, K08, M02, M03,M04,M05,M06,M07,M08.

T4N.R14E: A02, A03, A04, A05, A06, A08.



( 1) The selected location is a careful and faithful perpetuation of the position of the original corner; or

(2) The selected location is a careful and faithful re-establishment of the position of the original comer; or


b. Include in the above-noted Research Dossier, a typed ready-for-recording "Land Comer Recordation Certificate" (LCRC) in the form as required by Michigan Act 74 of the Public Acts of 1970 (as amended). Said LCRC shall include, under Section C thereof, one of the

5

37

three statements listed in above Section 2.a. One copy of the Dossier and the proposed LCRC must be submitted to MACOMB's REPRESENTATIVE one week prior to MACOMB's Peer Group Meeting. Attendance at MACOMB's Peer Group Meeting to present evidence found and make recommendations for each comer position is required.

c. After approval of the location by MACOMB's Peer Group, install the MACOMB-furnished "Iron and Cap" adopted for MACOMB's Monumentation Program. Affix the SURVEYOR's license number onto said Cap.

d. If a comer is common to two or four townships, Dossiers and a LCRC must be submitted for all common comers.

3. After approval by MACOMB's Peer Group, MACOMB's REPRESENTATIVE will stamp the LCRC with an appropriately-worded stamp indicating that the comer's position was accepted under MACOMB's Monumentation Program.



6. If this Agreement includes establishing State-approved State Plane Coordinates see "Procedures for Establishing Macomb County Remonumentation Program State Plane Coordinates," outlined in Exhibit C (attached hereto and made a part of the Agreement) in strict compliance with this Agreement.



6

38




By: ________________________________ __ Pamela Lavers Assistant County Executive

Printed Name


By:~f~ Craig A. ones, Chtef Deputy Register & Remonumentation Grant Administrator

WITNESS GREAT LAKES GEOMATICS, LLC

~ By:_~ c: L94zwt J 7LlVE AI

Printed N arne Printed N arne


7

39

ExhibitB:

Payment Schedule: Great Lakes Geomatics, LLC

Number of Units Unit Price Amount

Public Land Survey Comers

45 Research $ 300.00 $13,500.00

Subtotal $13,500.00

Establish State Plane Coordinates

33 State Plane Coordinates (SPC) $ 575.00 $18,975.00

100 Research $ 20.00 $ 2,000.00

4 Adjacent Comers $ 160.00 $ 640.00

14 SPC Traverse Method $ 890.00 $12,460.00

47 SPC-LCRC $ 150.00 $ 7,050.00

Subtotal $41,125.00

Total Contract Amount Not To Exceed ' $54}i25.00·.

8

40

Exhibit C:



1. Antenna Height measurement at the beginning and end of the observation session. 2. Observation times shall not be less than thirty (30) minutes. 3. Two (2) observation sessions per station.

B. Deliverables


a. Manufacturer Make and Model of the antenna and GPS receiver used. b. The corresponding NOS antenna definition for the antenna used. c. Direct antenna height readings taken and the location where taken. d. Timeframe of work period (start/stop times). e. A reduction of the direct antenna height reading to the ARP (Antenna Reference Plane).


a. Output shall have peak to peak errors of less than 2cm (0.06 feet). b. IGS Rapid or precise orbits must be used. Use of Ultra Rapid Orbit is not acceptable. c. Overall RMS of Observation must be under 2cm (0.06 feet). d. 95% or greater of the ambiguities must be fixed. e. 90% or greater of the observations shall be used. f. All reference stations used as control must be MSRN Stations. If not possible, contact







9

41

Exhibit C:



E. Traverse procedures shall consist of three (3) sets of angles (direct and inverted) from two (2) control points that have been occupied and adjusted according to the above referenced GPS procedures.


1. Previously adjusted and published stations shall be measured using R TK procedures or direct ground measurement from two (2) control points established using the above referenced GPS procedures. The number of stations will be determined by the Macomb County Surveyor Representative.


G. All ofthe above items must be supplied in one (1) bookmarked .PDF format and submitted to the Macomb County Surveyor Representative.

10

42

To:

From:

Date:

RE:



Pamela J. Lavers, Assistant County Executive ff-May 18,2015


Agenda Item - Clerk/ROD, Monumentation Agreement with Kennedy Surveying, Inc.

Attached you will find documentation and a resolution from Chief Deputy Register, Craig Jones, to approve the Macomb County Monumentation Agreement with Kennedy Surveying, Inc. in the amount of $38,085 for Remonumentation Grant Year 2015.

Kennedy Surveying, Inc. will research Public Land Survey and Private Claim Corners, and provide a research dossier to the Remonumentation office containing sufficient evidence to assure the location of these corner positions.

The Executive Office respectfully submits this agenda item for the Commission's consideration and recommends approval of the Macomb County Monumentation Agreement with Kennedy Surveying, Inc. as stated above.

PJL/smf


One South Main -- 8'h Floor -- Mt. Clemens, Michigan 48043 '~ Phone (586) 469-7001 * Fax (586) 469-7257

43

MACOMB COUNTY, MICHIGAN


Approve the Macomb County Monumentation Agreement with Kennedy Surveying, Inc. in the amount of $38,085.00 for Remonumentation Grant Year 2015.



The Agreement with Kennedy Surveying, Inc. is paid from the Macomb County Register of DeedsRemonumentation budget; Org Key 272-23601. The Remonumentation budget is funded 100 percent by the State of Michigan, Office of Land Survey and Remonumentation.





Finance 6-11-15

44

May 11, 2015 Date







Office: 586-469-7916 +Cellular: 810-217-7275 [email protected]


Approve the Monumentation Agreement with Kennedy Surveying

SUBJECT: The Register of Deeds I Remonumentation Program requests the Executive Office submit to the Board of Commissioners the resolution to approve the Monumentation Agreement with Kennedy Surveying, Inc. in the amount of $38,085.00.


The resolution to approve the Macomb County Monumentation Agreement with Kennedy Surveying, Inc. in the amount of $38,085.00 for Grant Year 2015 and

To have the Macomb County Monumentation Agreement with Kennedy Surveying, Inc. signed by the Executive's Office.


The purpose of this request is to contract with Kennedy Surveying for their professional surveying services. Kennedy Surveying will research Public Land Survey and Private Claim Corners, and provide a research dossier to the Remonumentation office containing sufficient evidence to assure the location of these corner positions. They will also establish State Plane Coordinate vaiues on remonumented corners.


The Monumentation Agreement with Kennedy Surveying is paid from the Register of Deeds I Remonumentation Fund; Org Key 27223601. This budget is grant funded and is subsidized 100 percent by the State of Michigan, Department of Licensing and Regulatory Affairs, Office of Land Survey and Remonumentation.


Mount Clemens, Ml 48043 586-469-5120


[email protected]



Mount Clemens, Ml 48043 586-469-5175


[email protected]

45


Approve the Monumentation Agreement with Kennedy Surveying




CONTRACTING PROCESS: The Monumentation Agreement with Kennedy Surveying is not a bid process. It is an agreement for professional services in accordance with Michigan's Act No. 345 of the Public Acts of 1990 (as amended), and The Monumentation and Remonumentation Plan for Macomb County, Michigan.

The Remonumentation Program through the Macomb County Purchasing Department posted Request for Qualifications (RFQ) on MITN for the purpose of updating and expanding the pool of Professional Surveyors I Firms to do business with. It is not a bid process, but a selection of qualified firms to contract with.

Kennedy Surveying qualified to work with the Remonumentation Program, as evaluated by the Remonumentation Selection Committee. The Remonumentation RFQ process was followed as outlined in the Purchasing Department policy and the County policy in regards to Professional Services contracts.


The surveying and monumentation of Public Land Corners, Private Claim Corners and Property Controlling Corners is vital to the Macomb County Remonumentation Program, as well as, all of Macomb County. Kennedy Surveying's professional expertise assists in the program's goal of restoring, recording and maintaining the monuments used to determine property line boundaries, road alignments, subdivision layouts, in addition to the location of commercial and industrial property.


I ,/ Signature

Chief Deputy Register Register of Deeds I Remonumentation

21

46

9. '4

1 <

't."j:f, .... Marti A. H•dtel Count}'E•~




Michelle Johnson (586) 469-6752 Qan for Pick Up: #


Macomb County Monumentation Agreement-Kennedy 06/15/2015 Su


D Rejected

RETURN TO

REQUESTING DEPARTMENT

!a Approved


D Rejected

RETURN TO



D Rejected

RETURN TO

D A~ved

~OC Review Required


D Rejected

RETURN TO


I ij~[;~~w~~ ~ ill MAY I 2 2015 /UJ

()~ ~m '· ' -:Ji e/ ---$'-~-a~-e _/_;_S __ : isk Management & Safety

Date

al ECEIVED > .iii (J

& a. MAY 1 2 2015 -E ~2 .§ (/) MACOMB COUNTY ~ FINANCE 0

0. E "' U5 -o Q) > .iii (J Q)

0::

c Q)

E t::

"' 0. Q)

0

EXECUTIVE OFFICE

MAY lS 2015

RECEIVED

47




Michelle Johnson (586) 469-6752 Oall for Pick Up: #

CONTACT I PROGRAM INFORMATION Contract I Program Title: ;- GRANT

Macomb County Monumentation Agreement-Kennedy Surveying ~AWARD (County Recipient)

X Funded (Program) Vendor Number (if known): Vendor Name:

V02567 Kennedy Surveying, Inc.




~ New Renewal

- Amendment




27223601 I 80170 Targeted Committee Date:


Contract Bid: If not bid out, please explain: Lowest Bid: If not lowest bid , please explain:

D ves

~No Professional Services Oves

0No


!Li ves ILJ No - Explain:


Kennedy Surveying has been contracted to research and provide a dossier containing sufficient evidence of the research to assure the location of eleven (11) Public Land, Private Claim and Property Controlling Corner locations in Bruce and Clinton Townships. Kennedy Surveying will also establish GPS values for fifteen (15) State Plane Coordinates in Bruce Township.

These corners I monuments are used by Land Surveyors to determine property line boundaries, road alignments, subdivision layouts, as well as, the location of commercial and industrial property.



LJ CONTRACT REQUIRES SIGNATURE OF COUNTY EXECUTIVE ONLY. DESIGNEE SIGNATURE WILL NOT BE ACCEPTED.


IB) 1. AWARDING A CONTRACT OF $35,000 OR MORE FOR SERVICES, SUPPLIES, MATERIALS, EQUIPMENT OR REAL ESTATE.


D D D D D


4. AWARDING A CONTRACT THAT EXCEEDS 5 YEARS IN LENGTH .


6 . COLLECTIVE BARGAINING AGREEMENTS.


48


This is an Agreement made January 1, 2015 by the County of Macomb, Michigan, a body corporate and Charter County (hereinafter, MACOMB) and Kennedy Surveying, Inc. (hereinafter, the COMPANY).


RECITALS:



3. MACOMB, has appointed a County Surveyor/Representative (hereinafter MACOMB's REPRESENTATIVE) who will be responsible for the technical aspects ofMACOMB's Grant work, as well as, the technical aspects of this Agreement. And MACOMB's REPRESENTATIVE will chair periodic meetings of a Peer Group (appointed by said REPRESENTATIVE), which Group will function as specified in MACOMB's PLAN.


ARTICLE 1 - THE WORK. The COMPANY acknowledges that it has been given a copy of MACOMB's PLAN. The work to be done under this Agreement shall be done in accordance with Michigan Act No. 345 of the Public Acts of 1990 (as amended), MACOMB's PLAN, and Michigan Act No. 74 ofthe Public Acts of 1970 (as amended). The COMPANY shall provide a Professional Surveyor (hereinafter, the SURVEYOR), who shall be completely responsible for the proper execution of the work specified in this Agreement. Said SURVEYOR shall be the signatory (or one of the signatories) for the COMPANY's execution of this Agreement. The COMPANY shall furnish all materials and equipment and perform all of the work described in Exhibit A (included herein and made a part of this Agreement) in strict compliance with this Agreement. The work shall be completed to the satisfaction ofMACOMB's REPRESENTATIVE.

49


ARTICLE 3 - TIME. The COMPANY covenants and agrees that the work herein agreed to be performed shall be commenced promptly upon Notice to Proceed, and that said work shall be carried on with dispatch (time being ofthe essence of this Agreement) and in such manner as to be fully and completely performed on or before the date set forth in Exhibit A.

ARTICLE 4- EXTENSION OF TIME. Ifthe COMPANY is unavoidably delayed in fulfilling this Agreement, due to reasons listed below, the COMPANY may request an extension of time. Said request must be in writing within seven (7) days following the date such cause or delay occurred. Extensions approved shall be as MACOMB's ADMINISTRATOR and MACOMB's REPRESENTATIVE judge to be just and reasonable.


1. Delay or suspension of work by the COMPANY for causes other than negligence faulty work, or the failure or refusal to carry out the provisions of this Agreement for the orders of MACOMB.


ARTICLE 5 - ASSIGNMENT OF AGREEMENT. The COMPANY shall not assign or transfer this Agreement or sublet any part of the work embraced in it, except with the written consent of MACOMB to do so.

All parts of the work that may be performed by an approved subcontractor shall be done in conformity with and be subject to all the provisions of the Agreement exactly as if performed by the COMPANY and its immediate employees and workmen. No subletting of the work shall in any way diminish or weaken the responsibility of the COMPANY for all parts ofthe work or lessen its obligations and liabilities under this Agreement.

2

50



The foregoing provisions ofthis article are without prejudice to any other right of remedy which MACOMB may have under this Agreement.






3

51




Bodily Injury- Each Occurrence Bodily Injury- Aggregated (Completed Operations) Property Damage - Each Occurrence Property Damage- Aggregated or Combined Single Limit Professional Liability Insurance

$500,000 $500,000 $100,000 $500,000 $100,000


MACOMB reserves the right to request complete Certificates oflnsurance if deemed necessary to ascertain details of coverage.


As soon as practicable after the satisfactory completion of all work covered by this Agreement, MACOMB's REPRESENTATIVE will make a final inspection of the work as a whole and will make up a final estimate of the total amount due the COMPANY under the terms of this Agreement. The COMPANY shall file with MACOMB a sworn statement that all claims for amounts due for labor, materials, and equipment furnished for this work have been paid in full. Upon the acceptance of the completed work and the receipt ofthe sworn statement, MACOMB will pay the COMPANY the entire amount of such final estimate.

4

52

Exhibit A:


NAME OF THE COMPANY: Kennedy Surveying, Inc.



a. "Public Land Survey Comers," and/or "Property-Controlling Comers," as follows:

T5N.R12E: B06, BOS, BlO, D06, DOS, DlO, F06, FOS, FlO, T2N.R13E: Other Codes PC-050: Northeast Comer of Private Claim 541, PC-051: Southeast Comer of Private Claim 541.

b. Establishing Macomb County approved State Plane Coordinates on Remonumented comers as follows:

T5N.R12E: B06, BOS, B09, BlO, C09, D06, DOS, D09, DlO, E09, ElO, F06, FOS, F09, FlO, Adjacent Comers: A09, G09.

2. For each of the above-noted "Public Land Survey Comers" and/or "Property Controlling Comers", the COMPANY's SURVEYOR shall:

a. Do the research and provide a "Research Dossier" containing sufficient evidence of the research to assure MACOMB's Peer Group that the recommended locations of the comer can be accepted under one of the following conditions:

(1) The selected location is a careful and faithful perpetuation of the position of the original comer; or

(2) The selected location is a careful and faithful re-establishment of the position ofthe original comer; or

(3) The selected location is accepted by me and is generally accepted by Professional Surveyors as the best available evidence of the position of the original comer.

b. Include in the above-noted Research Dossier, a typed ready-for-recording "Land Comer Recordation Certificate" (LCRC) in the form as required by Michigan Act 74 of the Public Acts of 1970 (as amended). Said LCRC shall include, under Section C thereof, one of the three statements listed in above Section 2.a. One copy of the Dossier and the proposed LCRC

5

53

must be submitted to MACOMB's REPRESENTATIVE one week prior to MACOMB's Peer Group Meeting. Attendance at MACOMB's Peer Group Meeting to present evidence found and make recommendations for each comer position is required.




4. MACOMB shall furnish the following materials: (a) 24-inch long by %-inch diameter iron bars; (b) cap marked "Macomb County Monument - MI Act 345" (c) Macomb County (MI Act 345) Witness Tags and (d) where necessary, a Macomb County Monument Box.





6

54



WITNESS

Printed Name

WITNESS

MACOMB COUNTY OFFICE OF THE EXECUTIVE

By: __________________________________ _ Pamela Lavers Assistant County Executive


M'brles, Chief Deputy Register & Remonumentation Grant Administrator

KENNEY:VEYING, INC.

By: ~ K k' ~ Hv.!ru N }L ~fl1J 4 ~

Printed Name

Its: r~~ ld 0 n \"""'


7

55

Exhibit B:

Payment Schedule: Kennedy Surveying, Inc.



9 Rural $2,410.00 $21,690.00

2 Private Claim $3,275.00 $ 6,550.00

Subtotal $28,240.00


15 State Plane Coordinates (SPC) $ 575.00 $ 8,625.00

2 Adjacent Comers $ 160.00 $ 320.00

6 SPC-LCRC $ 150.00 $ 900.00

Subtotal $ 92845.00


8

56

Exhibit C:



1. Antenna Height measurement at the beginning and end of the observation session. 2. Observation times shall not be less than thirty (30) minutes. 3. Two (2) observation sessions per station.

B. Deliverables


a. Manufacturer Make and Model of the antenna and GPS receiver used. b. The corresponding NOS antenna definition for the antenna used. c. Direct antenna height readings taken and the location where taken. d. Timeframe of work period (start/stop times). e. A reduction of the direct antenna height reading to the ARP (Antenna Reference Plane).









9

57

Exhibit C:

C. All ofthe files must be submitted in electronic format, in addition, a hard copy of the OPUS output and the observation sheet must be submitted.







10

58

To:

From:

Date:

RE:





Agenda Item- Clerk/ROD, Monumentation Agreement with Lehner Associates, Inc.

Attached you will find documentation and a resolution from Chief Deputy Register, Craig Jones, to approve the Macomb County Monumentation Agreement with Lehner Associates, Inc. in the amount of $42,695 for Remonumentation Grant Year 2015.

Lehner Associates, Inc. will research Public Land Survey and Private Claim Corners, and provide a research dossier to the Remonumentation office containing sufficient evidence to assure the location of these corner positions.

The Executive Office respectfully submits this agenda item for the Commission's consideration and recommends approval of the Macomb County Monumentation Agreement with Lehner Associates, Inc. as stated above.

PJL/smf


One South Main -- 8'h Floor "' Mt. Clemens, Michigan 48043 "' Phone (586) 469-7001 "' Fax (586) 469-7257

59

RESOLUTION

Resolution to:

Approve the Macomb County Monumentation Agreement with Lehner Associates, Inc. in the amount of $42,695.00 for Remonumentation Grant Year 2015.



The Agreement with Lehner Associates, Inc. is paid from the Macomb County Register of Deeds -Remonumentation budget; Org Key 272-23601. The Remonumentation budget is funded 100 percent by the State of Michigan, Office of Land Survey and Remonumentation.





Finance 6-11-15

60

May 4, 2015 Date


Office of County Executive

County of Macomb One South Main, gth Floor








Approve the Monumentation Agreement with Lehner Associates

SUBJECT:

The Register of Deeds I Remonumentation Program requests the Executive Office submit to the Board of Commissioners the resolution to approve the Monumentation Agreement with Lehner Associates, Inc. in the amount of $42,695.00.


The resolution to approve the Macomb County Monumentation Agreement with Lehner Associates, Inc. in the amount of $42,695.00 for Grant Year 2015 and

To have the Macomb County Monumentation Agreement with Lehner Associates, Inc. signed by the Executive's Office.


The purpose of this request is to contract with Lehner Associates for their professional surveying services. Lehner Associates will research Public Land Survey and Private Claim Corners, and provide a research dossier to the Remonumentation office containing sufficient evidence to assure the location of these corner positions.


The Monumentation Agreement with Lehner Associates is paid from the Register of Deeds I Remonumentation Fund; Org Key 27223601. This budget is grant funded and is subsidized 100 percent by the State of Michigan, Department of Licensing and Regulatory Affairs, Office of Land Survey and Remonumentation.

40 N. Main St. Mount Clemens, Ml 48043

586-469-5120 Fax: 586-783-8184

http://www.macombcountymi.gov/clerksoffice [email protected]



Mount Clemens, Ml 48043 586-469-5175


[email protected]

61

FACTS AND PROVISION/ lEGAl REQUIREMENTS:

Approve the Monumentation Agreement with Lehner Associates




CONTRACTING PROCESS: The Monumentation Agreement with Lehner Associates is not a bid process. It is an agreement for professional services in accordance with Michigan's Act No. 345 of the Public Acts of 1990 (as amended), and The Monumentation and Remonumentation Plan for Macomb County, Michigan.

In March 2013, the Remonumentation Program through the Macomb County Purchasing Department posted Request for Qualifications (RFQ) on MITN for the purpose of updating and expanding the pool of Professional Surveyors I Firms to do business with. It is not a bid process, but a selection of qualified firms to contract with.

Lehner Associates qualified to work with the Remonumentation Program, as evaluated by the Remonumentation Selection Committee. The Remonumentation RFQ process was followed as outlined in the Purchasing Department policy and the County policy in regards to Professional Services contracts.


The surveying and monumentation of Public Land Corners, Private Claim Corners and Property Controlling Corners is vital to the Macomb County Remonumentation Program, as well as, all of Macomb County. Lehner Associate's professional expertise assists in the program's goal of restoring, recording and maintaining the monuments used to determine property line boundaries, road alignments, subdivision layouts, in addition to the location of commercial and industrial property. The published corner data is used by the Macomb County Department of Roads and professional surveyors.


Signature


21

62



Craig Jones Register of Deeds I Remonumentation 05/04/2015 Contract Contact Person: Contact Phone Number: NOTE: Contracts are returned interoffice mail unless specified below:

Michelle Johnson (586) 469-6752 Qall for Pick Up: #

CONTACT I PROGRAM INFORMATION Contract I Program Title:

Macomb County Monumentation Agreement-Lehner Associates

GRANT

Q wARD

18J=unded

Return By Date:

06/15/2015



D Rejected

RETURN TO

~ Approved


D Rejected

RETURN TO



4. OFFICE OF COUNTY EXECUTIVE·

D Approved

~BOC Review Required


~ ~~~) bMA; ~; ~1~ ~ 5j.l2

" 1\ ~ ((': ~ n~nre~

'5 ~~ !.JS" f ~isk Management & Safety ----~.~~, ~~------ 0

Date

Date

u ~

"Qi u Q) • . o::c.. -E c "' a>-EUl t

"' c.. Q)

0

RECEIV D MAY 0 6 2015

MACOMB COUNTY FINANCE

al RECEIVED > -~

& c. MAY 1 2 Z015 -E c "'

b /r¥2 6 ~ ~ CORPORATION COUNSEL 1 Date 0

c. E

"' U5 u ~ -~ Q)

0::

EXECUTIVE OFFICE

MAY 1 2 2015

D Rejected ~ n (\ '-P RETURN TO ~ K i!QJ ~-----=-+:::-+----+------

RISK & CONTRACT MANAGEMENT Authorized Signature

RECEIVED

63

~ ~ I < 0

't:' ...... ~ M•rtr; A. Hack• I County U.CUHv•





• . ... . . •:a• . • Contract I Program Title: C"""' GRANT

Macomb County Monumentation Agreement-Lehner Associates x AWARD (County Recipient)

Funded (Program)

Vendor Number (if known): Vendor Name: Voodoc ~ y,.

V13979 Lehner Associates, Inc. Disclosure X IFAS Form Attached: No (N/A)

Original Contract Amount: Amendment Amount: Total Amended Contract Amount: Funding Source - Org Key I Object- (If known):

$ 42,695.00 $ $ 42,695.00 27223601 I 80170 Contract Begin Date: Amendment Date: Contract End Date: Targeted Committee Date:

01/01/2015 12/31/2015 06/09/2015 ~ tract: If Renewal or Amendment, what terms have changed (if any): Amendment Number: ~ New

Renewal -Amendment


D Yes Professional Services D Yes f8] No 0 No


DYes D No - Expla in:


Lehner Associates has been contracted to research and provide a dossier containing sufficient evidence of the

research to assure the location of one (1) Public Land Survey Corner and eleven (11) Private Claim Corner

locations in Harrison Township, Michigan.

These corners I monuments are used by Land Surveyors to determine property line boundaries, road alignments,

subdivision layouts, as well as, the location of commercial and industrial property.

The Macomb County Board of Commissioners approved the Macomb County Remonumentation Plan on

September 24, 1992 and embarked on a program of replacing, restoring and maintaining all Public Land Survey

monuments in the county. The Macomb County Plan was updated by the State of Michigan, Remonumentation

Office in April of 2010 and approved by the Macomb County Board on May 25, 2010. Approval of the updated

Macomb County Plan was signed by the State of Michigan on June 22, 2010.


[j CONTRACT REQUIRES SIGNATURE OF COUNTY EXECUTIVE ONLY. DESIGNEE SIGNATURE WILL NOT BE ACCEPTED.


IB) 1. AWARDING A CONTRACT OF $35,000 OR MORE FOR SERVICES, SUPPLIES, MATERIALS, EQUIPMENT OR REAL ESTATE.

0 2. AWARDING A CONTRACT OF $100,000 OR MORE FOR CONSTRUCTION.

D D D

B






64


This is an Agreement made January 1, 2015 by the County ofMacomb, Michigan, a body corporate and Charter County (hereinafter, MACOMB) and Lehner Associates, Inc. (hereinafter, the COMPANY).

As specified in MACOMB's PLAN, the SURVEYOR'S work is additionally subject to the approval ofMACOMB's Peer Group.

RECITALS:


2. MACOMB has appointed a County Grant Administrator (hereinafter, MACOMB's ADMINISTRATOR), who will be responsible for the contracts and the financial aspects of MACOMB's Grant work, as well as the financial aspects ofthis Agreement.



ARTICLE 1 - THE WORK. The COMPANY acknowledges that it has been given a copy of MACOMB's PLAN. The work to be done under this Agreement shall be done in accordance with Michigan Act No. 345 of the Public Acts of 1990 (as amended), MACOMB's PLAN, and Michigan Act No. 74 of the Public Acts of 1970 (as amended). The COMPANY shall provide a Professional Surveyor (hereinafter, the SURVEYOR), who shall be completely responsible for the proper execution of the work specified in this Agreement. Said SURVEYOR shall be the signatory (or one of the signatories) for the COMPANY's execution of this Agreement. The COMPANY shall furnish all materials and equipment and perform all of the work described in Exhibit A (included herein and made a part of this Agreement) in strict compliance with this Agreement. The work shall be completed to the satisfaction of MACOMB's REPRESENTATIVE.

Ed. 4/3/03, 2:20 pm.C:\Users\RDrouillard\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\NQMKA029\Contract for Surveyors-2015 Lehner.doc

65


ARTICLE 3 - TIME. The COMPANY covenants and agrees that the work herein agreed to be performed shall be commenced promptly upon Notice to Proceed, and that said work shall be carried on with dispatch (time being ofthe essence of this Agreement) and in such manner as to be fully and completely performed on or before the date set forth in Exhibit A.

ARTICLE 4 - EXTENSION OF TIME. Ifthe COMPANY is unavoidably delayed in fulfilling this Agreement, due to reasons listed below, the COMPANY may request an extension oftime. Said request must be in writing within seven (7) days following the date such cause or delay occurred. Extensions approved shall be as MACOMB's ADMINISTRATOR and MACOMB's REPRESENTATIVE judge to be just and reasonable.




ARTICLE 5 -ASSIGNMENT OF AGREEMENT. The COMPANY shall not assign or transfer this Agreement or sublet any part of the work embraced in it, except with the written consent of MACOMB to do so.

All parts of the work that may be performed by an approved subcontractor shall be done in conformity with and be subject to all the provisions of the Agreement exactly as if performed by the COMPANY and its immediate employees and workmen. No subletting ofthe work shall in any way diminish or weaken the responsibility of the COMPANY for all parts of the work or lessen its obligations and liabilities under this Agreement.

2

66









3

67

A Comprehensive General Liability Policy to cover bodily injury and damage to tangible property, including loss ofuse thereof. The Policy shall include Owner's Protective coverage for independent contractors or subcontractors employed by the COMPANY and the usual Personal Injury Liability endorsement with no exclusions pertaining to employment.



Bodily Injury - Each Occurrence Bodily Injury- Aggregated (Completed Operations) Property Damage -Each Occurrence Property Damage - Aggregated or Combined Single Limit Professional Liability Insurance

$500,000 $500,000 $100,000 $500,000 $100,000




As soon as practicable after the satisfactory completion of all work covered by this Agreement, MACOMB's REPRESENTATIVE will make a final inspection of the work as a whole and will make up a final estimate of the total amount due the COMPANY under the terms of this Agreement. The COMPANY shall file with MACOMB a sworn statement that all claims for amounts due for labor, materials, and equipment furnished for this work have been paid in full. Upon the acceptance of the completed work and the receipt of the sworn statement, MACOMB will pay the COMPANY the entire amount of such final estimate.

4

68

Exhibit A:


NAME OF THE COMPANY: Lehner Associates, Inc.



a. "Public Land Survey Corners," and/or "Property-Controlling Corners," as follows: T2N.R14E: COl, Other Codes PC-048: NE Comer PC 207 common with the NW Comer PC 133 on the South Bank of the Clinton River (aka River Huron), PC-049: NE Comer PC 133 common with the NW Comer PC 604 on the South Bank of the Clinton River (aka River Huron), PC-050: NE Comer PC 604 common with the NW Comer PC 151 on the South Bank of the Clinton River (aka River Huron), PC-051: NE Comer PC 151 common with the NW Comer PC 238 on the South Bank of the Clinton River (aka River Huron), PC-052: NE Comer PC 238 common with the NW Comer PC 319 on the South Bank of the Clinton River (aka River Huron), PC-053: SE Comer PC 207 common with a SW Comer PC 133 on the northerly line of PC 148, PC-054: SE Comer PC 133 common with the SW Comer PC 604 on the northerly shoreline of Lake St. Clair, PC-055: SE Comer PC 604 common with the SW Comer PC 151 on the northerly shoreline of Lake St. Clair, PC-056: SE Comer PC 151 common with the SW Comer PC 238 on the northerly shoreline of Lake St. Clair, PC-057: SE Comer PC 238 common with the SW Comer PC 319 on the northerly shoreline of Lake St. Clair, PC-058: NE Comer PC 148 common with a deflection point controlling a southerly and westerly line of PC 133.


2. For each of the above-noted "Public Land Survey Comers" and/or "Property Controlling Comers", the COMPANY's SURVEYOR shall:

a. Do the research and provide a "Research Dossier" containing sufficient evidence of the research to assure MACOMB's Peer Group that the recommended locations of the comer can be accepted under one of the following conditions:

(1) The selected location is a careful and faithful perpetuation of the position of the original comer; or

(2) The selected location is a careful and faithful re-establishment of the position of the original comer; or

(3) The selected location is accepted by me and is generally accepted by Professional Surveyors as the best available evidence ofthe position of the original comer.

b. Include in the above-noted Research Dossier, a typed ready-for-recording "Land Corner

5

69

Recordation Certificate" (LCRC) in the form as required by Michigan Act 74 ofthe Public Acts of 1970 (as amended). Said LCRC shall include, under Section C thereof, one of the three statements listed in above Section 2.a. One copy of the Dossier and the proposed LCRC must be submitted to MACOMB's REPRESENTATIVE one week prior to MACOMB's Peer Group Meeting. Attendance at MACOMB's Peer Group Meeting to present evidence found and make recommendations for each comer position is required.









6

70

9. The time set for the completion of this work is September 30,2015. The date of the NOTICE TO PROCEED in Exhibit A is the date of the execution of this Agreement. Failure to complete the work on time will be considered grounds for the termination of this Agreement and may be grounds for not considering the COMPANY for any future work.


WITNESS

Printed Name

~}IC;/EJ...tt:_

Printed Nam

· MACOMB COUNTY OFFICE OF THE EXECUTIVE

By: __________________________________ _ Pamela Lavers Assistant County Executive


By:~ Cra A. Jones, Ch1efDeputy Register & Remonumentation Grant Administrator

WI~Y ~ LEHNERASSOt:;IATES,INC.

~ By: ~~~SJY ~ ---.. . ( / ('' 11' o Pox ~, U (G)u 1. l t .... ~ ThoW\-a.? \JJ . V-, e ~ \ o 55

Printed N arne Printed N arne


7

71

Exhibit B:

Payment Schedule: Lehner Associates, Inc.

Number ofUnits

1

11

4


Urban

Private Claim


Unit Price

$2,870.00

$3,275.00

$ 950.00

Amount

$ 2,870.00

$36,025.00

$ 3,800.00


8

72

Exhibit C:



1. Antenna Height measurement at the beginning and end ofthe observation session. 2. Observation times shall not be less than thirty (30) minutes. 3. Two (2) observation sessions per station.

B. Deliverables




a. Output shall have peak to peak errors ofless than 2cm (0.06 feet). b. IGS Rapid or precise orbits must be used. Use of Ultra Rapid Orbit is not acceptable. c. Overall RMS of Observation must be under 2cm (0.06 feet). d. 95% or greater of the ambiguities must be fixed. e. 90% or greater of the observations shall be used. f. All reference stations used as control must be MSRN Stations. If not possible, contact







9

73

Exhibit C:







G. All ofthe above items must be supplied in one (1) bookmarked .PDF format and submitted to the Macomb County Surveyor Representative.

10

74

To:

From:

Date:

RE:





Agenda Item- Clerk/ROD, Monumentation Agreement with Michigan Surveying, Inc.

Attached you will find documentation and a resolution from Chief Deputy Register, Craig Jones, to approve the Macomb County Monumentation Agreement with Michigan Surveying, Inc. in the amount of $37,395 for Remonumentation Grant Year 2015.

Michigan Surveying, Inc. will research Public Land Survey and Private Claim Corners, and provide a research dossier to the Remonumentation office containing sufficient evidence to assure the location of these corner positions.

The Executive Office respectfully submits this agenda item for the Commission's consideration and recommends approval of the Macomb County Monumentation Agreement with Michigan Surveying, Inc. as stated above.

PJL/smf


One South Main * 8th Floor ~, Mt. Clemens, Michigan 48043 -- Phone (586) 469-7001 -- Fax (586) 469-7257

75


Approve the Macomb County Monumentation Agreement with Michigan Surveying, Inc. in the amount of $37,395.00 for Remonumentation Grant Year 2015.

Commissioner Veronica Kl inefelt, Government Operations Committee chair & Committee of the Whole


The Agreement with Michigan Surveying, Inc. is paid from the Macomb County Register of DeedsRemonumentation budget; Org Key 272-23601. The Remonumentation budget is funded 100 percent by the State of Michigan, Office of Land Survey and Remonumentation .





Finance 6-11-15

76

May 4, 2015 Date







Office: 586-469-7916 + Cellular: 810-217-7275 martin.dunn@macombgov .org


Approve the Monumentation Agreement with Michigan Surveying

SUBJECT: The Register of Deeds I Remonumentation Program requests the Executive Office submit to the Board of Commissioners the resolution to approve the Monumentation Agreement with Michigan Surveying, Inc. in the amount of $37,395.00.


The resolution to approve the Macomb County Monumentation Agreement with Michigan Surveying, Inc. in the amount of $37,395.00 for Grant Year 2015 and

To have the Macomb County Monumentation Agreement with Michigan Surveying, Inc. signed by the Executive's Office.


The purpose of this request is to contract with Michigan Surveying for their professional surveying services. Michigan Surveying will research Public Land Survey and Private Claim Corners, and provide a research dossier to the Remonumentation office containing sufficient evidence to assure the location of these corner positions.


The Monumentation Agreement with Michigan Surveying is paid from the Register of Deeds I Remonumentation Fund; Org Key 27223601. This budget is grant funded and is subsidized 100 percent by the State of Michigan, Department of Licensing and Regulatory Affairs, Office of Land Survey and Remonumentation.


Mount Clemens, Ml 48043 586-469-5120


[email protected]



Mount Clemens, Ml 48043 586-469-5175


registerdeeds@macombcountymi .gov

77


Approve the Monumentation Agreement with Michigan Surveying



The Macomb County Board of Commissioners approved the Macomb County Remonumentation Plan on September 24, 1992. When the Macomb County Board met September 23, 1993, they approved the procedure for awarding Remonumentation projects to Professional Surveyors and authorized the Remonumentation Grant Administrator to enter into contracts to undertake the Remonumentation process. The Macomb County Plan was updated by the Remonumentation Office in April of 2010 and approved by the Macomb County Board on May 25,2010. Approval of the updated Macomb County Plan was signed by the State of Michigan on June 22, 2010.

CONTRACTING PROCESS: The Monumentation Agreement with Michigan Surveying is not a bid process. It is an agreement for professional services in accordance with Michigan's Act No. 345 of the Public Acts of 1990 (as amended), and The Monumentation and Remonumentation Plan for Macomb County, Michigan.

In March 2013, the Remonumentation Program through the Macomb County Purchasing Department posted Request for Qualifications (RFQ) on MITN for the purpose of updating and expanding the pool of Professional Surveyors I Firms to do business with. It is not a bid process, but a selection of qualified firms to contract with.

Michigan Surveying qualified to work with the Remonumentation Program, as evaluated by the Remonumentation Selection Committee. The Remonumentation RFQ process was followed as outlined in the Purchasing Department policy and the County policy in regards to Professional Services contracts.


The surveying and monumentation of Public Land Corners, Private Claim Corners and Property Controlling Corners is vital to the Macomb County Remonumentation Program, as well as, all of Macomb County. Michigan Surveying's professional expertise assists in the program's goal of restoring, recording and maintaining the monuments used to determine property line boundaries, road alignments, subdivision layouts, in addition to the location of commercial and industrial property. The published corner data is used by the Macomb County Department of Roads and professional surveyors.


~f.n"'"" Chief Deputy Register


21

78






Macomb County Monumentation Agreement- Michigan 06/15/2015 Su Inc.

1. RISK & CONTRACT MANAGEMENT·

tp Approved


D Rejected

RETURN TO

~J Approved


D Rejected

RETURN TO



"0

~ "iii (.)

<1l •• a:: c.

5j§

~Is /;~ !U) ------------------- ~

Risk Management & Safe1

1 RECEIV D <1l •• a:: c. -E M ~ 2 AY 0 5 2015 EUJ t::: s-_ ~ / J - ~ MACOMB COUNTY

---------- ° FINANCE Date

"0 <1l >

RECEIVED -~ . . MAY 1 2 Z015

U~ ~E" D Rejected ~ 2

RETURN TO S7l ;t/16 ~ I U) CORPORATION COUNSEL RISK & CONTRACT MANAGEME ~ ____ ___,,__--=0:-at-:-<e------- o

D Approved

cJZ{-:soc Review Required

ci. E <1l

U5 "0

~ -~ <1l 0::

EXECVTIVE OFFICE

MAY 1 2 Z015

RECEIVED

79




Michelle Johnson (586) 469-6752 Oan for Pick Up: #

•J~•JJ!~ .. ••:.:u.~cc:~; !1t'l••~•a• • ' • Contract I Program Title: r-- GRANT

Macomb County Monumentation Agreement - Michigan x AWARD (County Recipient)

c.·-,_ ... :-- ·-- a Funded (Program)

Vendor Number (if known): Vendor Name: V•odoc ~ y,.

V12000 Michigan Surveying, Inc. Disclosure X IFAS


Original Contract Amount: Amendment Amount: Total Amended Contract Amount: Funding Source- Org Key I Object- (If known):


01/01/2015 12/31/2015 06/09/2015 ~ tract: If Renewal or Amendment, what terms have changed (if any): Amendment Number: ~ New _ Renewal

Amendment


[J Yes Professional Services DYes

18] No 0No


DYes LJ No - Explain:




Michigan Surveying has been contracted to research and provide a dossier containing sufficient evidence of the research to assure the location of six (6) Public Land Survey Corner and five (5) Private Claim Corner locations in Chesterfield Township, Michigan.




IEJ 1. AWARDING A CONTRACT OF $35,000 OR MORE FOR SERVICES, SUPPLIES, MATERIALS, EQUIPMENT OR REAL ESTATE.


B D D [J

3. A WARDING A CONTRACT MODIFICATION EXCEEDING 10% OF THE ORIGINAL APPROVED CONTRACT AMOUNT.





80


This is an Agreement made January 1, 2015 by the County of Macomb, Michigan, a body corporate and Charter County (hereinafter, MACOMB) and Michigan Surveying, Inc. (hereinafter, the COMPANY).


RECITALS:





ARTICLE 1 - THE WORK. The COMPANY acknowledges that it has been given a copy of MACOMB's PLAN. The work to be done under this Agreement shall be done in accordance with Michigan Act No. 345 of the Public Acts of 1990 (as amended), MACOMB's PLAN, and Michigan Act No. 74 of the Public Acts of 1970 (as amended). The COMPANY shall provide a Professional Surveyor (hereinafter, the SURVEYOR), who shall be completely responsible for the proper execution of the work specified in this Agreement. Said SURVEYOR shall be the signatory (or one of the signatories) for the COMPANY's execution of this Agreement. The COMPANY shall furnish all materials and equipment and perform all of the work described in Exhibit A (included herein and made a part of this Agreement) in strict compliance with this Agreement. The work shall be completed to the satisfaction of MACOMB's REPRESENTATIVE.

81


ARTICLE 3 - TIME. The COMPANY covenants and agrees that the work herein agreed to be performed shall be commenced promptly upon Notice to Proceed, and that said work shall be carried on with dispatch (time being of the essence of this Agreement) and in such manner as to be fully and completely performed on or before the date set forth in Exhibit A.

ARTICLE 4- EXTENSION OF TIME. If the COMPANY is unavoidably delayed in fulfilling this Agreement, due to reasons listed below, the COMPANY may request an extension oftime. Said request must be in writing within seven (7) days following the date such cause or delay occurred. Extensions approved shall be as MACOMB's ADMINISTRATOR and MACOMB's REPRESENTATIVE judge to be just and reasonable.


I. Delay or suspension of work by the COMPANY for causes other than negligence faulty work, or the failure or refusal to carry out the provisions of this Agreement for the orders of MACOMB.

2. Delays due to unforeseen causes beyond the control and without the fault or negligence ofthe COMPANY, including but not restricted to acts of God, acts of the public enemy, acts of Government, acts of State or any political subdivision thereof, fires, floods, epidemics, labor dispute, or extraordinary delays in delivery of materials.


All parts of the work that may be performed by an approved subcontractor shall be done in conformity with and be subject to all the provisions ofthe Agreement exactly as if performed by the COMPANY and its immediate employees and workmen. No subletting ofthe work shall in any way diminish or weaken the responsibility ofthe COMPANY for all parts of the work or lessen its obligations and liabilities under this Agreement.

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82

ARTICLE 6- MACOMB'S RIGHT COMPLETE. Ifthe COMPANY shall be adjudged bankrupt, or if it should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency, or if the COMPANY should persistently or repeatedly fail to perform the work, or if it should persistently disregard laws or ordinances or the directions of MACOMB, or if it should willfully and repeatedly violate any ofthe substantial provisions of this Agreement; then, in such case MACOMB shall state in writing that sufficient cause exists to order the COMPANY to discontinue all further work under this Agreement. Upon receipt ofthis notice, the COMPANY shall at once discontinue such work. MACOMB shall have the right to finish the work by contract, or otherwise, as MACOMB may elect. The COMPANY shall not be entitled to receive any payment until the work is finished. Further, the COMPANY shall only be entitled to receive payment for that portion of the work, which was properly completed by the COMPANY.

From and after the date of the order to discontinue work, and until said work shall have been finally completed by MACOMB, neither the COMPANY nor any of its agents or employees shall remove, or make any direct or indirect effort to remove any ofthe materials from the point at which they were located on the date of said order, except upon the written consent of MACOMB to do so.





Insurance: Prior to commencement of the work, the COMPANY shall purchase and maintain during the term ofthis Agreement such insurance as will protect MACOMB and the COMPANY from claims arising out ofthe work performed by the COMPANY under this Agreement. As a minimum, such insurance shall consist of the following with the stated minimum limits:


3

83





$500,000 $500,000 $100,000 $500,000 $100,000



ARTICLE 8- PAYMENT. In consideration ofthe faithful and entire performance by the COMPANY of its obligations under this Agreement, MACOMB shall pay the COMPANY, at the time and in the manner stipulated, the amount based on the Total Contract Amount Not To Exceed as set forth in Exhibit B (attached hereto an made a part ofthis Agreement) in strict compliance with this Agreement.

As soon as practicable after the satisfactory completion of all work covered by this Agreement, MACOMB's REPRESENTATIVE will make a final inspection of the work as a whole and will make up a final estimate ofthe total amount due the COMPANY under the terms ofthis Agreement. The COMPANY shall file with MACOMB a sworn statement that all claims for amounts due for labor, materials, and equipment furnished for this work have been paid in full. Upon the acceptance ofthe completed work and the receipt of the sworn statement, MACOMB will pay the COMPANY the entire amount of such final estimate.

4

84

Exhibit A:


NAME OF THE COMPANY: Michigan Surveying, Inc.




T3N.R14E: B02, B04, B06, B08, BlO, Bl2, Other Codes PC-062: Northwest Corner Private Claim 146 common with the Northeast Corner Private Claim 147, on the southwesterly line of Fractional section 32, PC-063: Corner common with Private Claims 145 and 147 controlling an easterly line ofPrivate Claim 145 common with a westerly line of Private Claim 147, north and controlling a southerly line of Private Claim 147 common with a northerly line of Private Claim 145, east, PC-064: Corner common with Private Claims 145 and 147 controlling an easterly line of Private Claim 145 common with a westerly line of Private Claim 147, south and controlling a southerly line of Private Claim 147 common with a northerly line of Private Claim 145, west, PC-065: Northeast Corner of Private Claim 195, common with a deflection point controlling a south and east line of Private Claim 145 being on the west line of Private Claim 147, PC-066: Northwest Corner of Private Claim 195, common with a deflection point controlling a south and east line of Private Claim 145.



a. Do the research and provide a "Research Dossier" containing sufficient evidence of the research to assure MACOMB's Peer Group that the recommended locations of the corner can be accepted under one ofthe following conditions:


(2) The selected location is a careful and faithful re-establishment ofthe position of the original corner; or


b. Include in the above-noted Research Dossier, a typed ready-for-recording "Land Corner

5

85

Recordation Certificate" (LCRC) in the form as required by Michigan Act 74 of the Public Acts of 1970 (as amended). Said LCRC shall include, under Section C thereof, one of the three statements listed in above Section 2.a. One copy of the Dossier and the proposed LCRC must be submitted to MACOMB's REPRESENTATIVE one week prior to MACOMB's Peer Group Meeting. Attendance at MACOMB's Peer Group Meeting to present evidence found and make recommendations for each corner position is required.






6. Ifthis Agreement includes establishing State-approved State Plane Coordinates see "Procedures for Establishing Macomb County Remonumentation Program State Plane Coordinates," outlined in Exhibit C (attached hereto and made a part of the Agreement) in strict compliance with this Agreement.

7. Appoint a Michigan Licensed Professional Surveyor as a MACOMB Peer Group Member, if requested by MACOMB's REPRESENTATIVE. The selected MACOMB Peer Group Member shall be approved by the Macomb County Board of Commissioners. The MACOMB Peer Group Member will attend MACOMB's Peer Group meetings when requested and as scheduled by MACOMB's REPRESENTATIVE, consisting of a maximum oftwo (2) meetings per month held between April and December ofthe Grant Year. In the event that the appointed MACOMB Peer Group Member cannot attend a scheduled meeting, two (2) weeks prior notice is required.


6

86



WITNESS

Printed N arne

WITNESS

~~dizmh k 12Y sTY N 14- Ff2-A-5 k

Printed Name

MACOMB COUNTY OFFICE OF THE EXECUTIVE

By: __________________________________ __ Pamela Lavers Assistant County Executive


'£// ---By: ~ ............... Cra~ones:chief Deputy Register & Remonumentation Grant Administrator

MICHIGAN SURVEYING, INC.

By : ~ /L-o St c k- c

Printed N arne

Its: ------------------------------------


7

87

Exhibit B:

Payment Schedule: Michigan Surveying, Inc.

Number of Units

6

5

4

Public Land Survey Corners

Urban

Private Claim


Unit Price

$2,870.00

$3,275.00

$ 950.00

Amount

$17,220.00

$16,375.00

$ 3 800.00


8

88

Exhibit C:



I. Antenna Height measurement at the beginning and end ofthe observation session. 2. Observation times shall not be less than thirty (30) minutes. 3. Two (2) observation sessions per station.

B. Deliverables





the MOOT Survey Consultant Project Manager for the project or Region Survey Manager.






9

89

Exhibit C:



E. Traverse procedures shall consist ofthree (3) sets of angles (direct and inverted) from two (2) control points that have been occupied and adjusted according to the above referenced GPS procedures.




G. All of the above items must be supplied in one (I) bookmarked .PDF format and submitted to the Macomb County Surveyor Representative.

10

90

To:

From:

Date:

RE:





Agenda Item - Clerk/ROD, Monumentation Agreement with Spalding DeDecker Associates, Inc.

Attached you will find documentation and a resolution from Chief Deputy Register, Craig Jones, to approve the Macomb County Monumentation Agreement with Spalding DeDecker Associates, Inc. in the amount of $40,385 for Remonumentation Grant Year 2015.

Spalding DeDecker Associates, Inc. will research land records to establish 47 State Plane Coordinate values on remonumented corners.

The Executive Office respectfully submits this agenda item for the Commission's consideration and recommends approval of the Macomb County Monumentation Agreement with Spalding DeDecker Associates, Inc. as stated above.

PJL/smf


One South Main '< 8'h Floor '~ Mt. Clemens, Michigan 48043 '~ Phone (586) 469-7001 ·· Fax (586) 469-7257

91

MACOMB COUNTY, MICHIGAN !I!IR .......... -~ ..


Approve the Macomb County Monumentation Agreement with Spalding DeDecker Associates, Inc. in the amount of $40,385.00 for Remonumentation Grant Year 2015.



The Agreement with Spalding DeDecker Associates is paid from the Macomb County Register of Deeds - Remonumentation budget; Org Key 272-23601. The Remonumentation budget is funded 100 percent by the State of Michigan, Office of Land Survey and Remonumentation.

The Macomb County Board of Commissioners approved the Macomb County Remonumentation Plan on September 24, 1992 and embarked on a program of replacing, restoring and maintaining all Public Land Survey monuments in the county. The Macomb County Plan was updated by the State of Michigan in April of 2010 and approved by the Macomb County Board on May 25, 2010. Approval of the updated Macomb County Plan was signed by the State of Michigan on June 22, 2010.




Finance 6-11-15

92

May 5, 2015 Date


Office of County Executive County of Macomb One South Main, 8th Floor





REMONUMENT ATION PROGRAM Martin C. Dunn, P.S., Surveyor Representative

Office: 586-469-7916 + Cellular: 810-217-7275 martin.dunn@macombgov .org


Approve the Monumentation Agreement with Spalding DeDecker Associates

SUBJECT:

The Register of Deeds I Remonumentation Program requests the Executive Office submit to the Board of Commissioners the resolution to approve the Monumentation Agreement with Spalding DeDecker Associates, Inc. in the amount of $40,385.00.


The resolution to approve the Macomb County Monumentation Agreement with Spalding DeDecker Associates in the amount of $40,385.00 for Grant Year 2015 and

To have the Macomb County Monumentation Agreement with Spalding DeDecker Associates signed by the Executive's Office.


The purpose of this recommended action is to contract with Spalding DeDecker Associates for professional land surveying services. Spalding DeDecker will research land records to establish 47 State Plane Coordinate values on remonumented corners.


The contract with Spalding DeDecker is paid from the Register of Deeds I Remonumentation Fund; Org Key 272-23601. This budget is grant funded and is subsidized 100 percent by the State of Michigan, Office of Land Survey & Remonumentation.


Mount Clemens, Ml 48043 586-469-5120


[email protected]


Register of Deeds ;j:i MarKet ::street

Mount Clemens, Ml 48043 586-469-5175

Fax: 586-469-5130 http://www .macombcountymi.gov/registerdeeds

[email protected]

93


Approve the Monumentation Agreement with Spalding DeDecker Associates


The Macomb County Board of Commissioners approved the Macomb County Remonumentation Plan on September 24, 1992 and embarked on a program of replacing, restoring and maintaining all Public Land Survey monuments in the County. The Macomb County Board met September 23, 1993 and approved the procedure for awarding Remonumentation projects to Professional Surveyors and authorized the Remonumentation Grant Administrator to enter into contracts to undertake the Remonumentation process. The Macomb County Plan was updated by the Remonumentation Office in April of 2010 and approved by the Macomb County Board on May 25, 2010. Approval of the updated Macomb County Plan was signed by the State of Michigan on June 22, 2010. Funding priorities are established per the requirements of Public Act 345 and are used to establish the Remonumentation priorities for 2015.


The Remonumentation Program through the Macomb County Purchasing Department posted Request for Qualifications (RFQ) on MITN for the purpose of updating and expanding the pool of Professional Surveyors/Firms to do business with. It is not a bid process, but a selection of qualified firms to contract with.

Spalding DeDecker Associates qualified to work with the Remonumentation Program, as evaluated by the Remonumentation Selection Committee. The Remonumentation RFQ process was followed as outlined in the Purchasing Department policy and the County policy in regards to Professional Services contracts.


The Monuments and State Plane Coordinate values Spalding DeDecker is contracted to research, restore, record and maintain are used by Land Surveyors to determine property line boundaries, road alignments, subdivision layouts, as well as, the location of commercial and industrial property. The surveying and monumentation of Public Land Corners, Private Claim Corners and Property Controlling Corners is vital to the Macomb County Remonumentation Program, as well as, all of Macomb County. The published Michigan State Plane Coordinates are used by the Macomb County GIS Division, Department of Roads and professional surveyors.



94




Michelle Johnson (586) 469-6752 O all for Pick Up: #

CONTACT I PROGRAM INFORMATION Contract I Program Title: Return By Date:

Macomb County Monumentation Agreement- Spalding DeDecker Associates, Inc.

GRANT

Q wARD

0'unded 06/15/2015

NOTES:


D Rejected

RETURN TO

REQUESTING DEPARTMENT

~ Approved


D Rejected

RETURN TO


D Approved

~ BOC Review Required


D Rejected

RETURN TO


DEPARTMENT ROUTING & AUTHORIZATIONS

~ ~©~~~~~ ~; MAY 6 2015 i\)) ECJ)

S' /~Its R~k Management & Safety ------~~~------ 0

Date

~RECF.PifED > -~

& a. MAY 0 r. 20:5 - E 0 .. ' ~2 ~ CJ) MACOMb COUNTY

,.- / ,_.- fr FINANCE ~ -()-' I y o

Date

~ RECEIVED -~

~ ~ MAY 1 2 2015 a>-ECJ)

~ CORPORATION COUNSEL ~~L-~~~~---- ~

a. E

EXECUTIVE c1l "0 OFFICE Q) >

"Qi

MAY 1 2 2015 () Q)

0:: c Q)

s: - E

RECEIVED J t:::

"' c. Q)

0

95




Michelle Johnson (586) 469-6752 Oau for Pick Up: #

• . . . . . . . • Contract/ Program Title: i"""" GRANT

Macomb County Monumentation Agreement - Spalding x AWARD (County Recipient)

n-n--•~-.,.. A ____ ;_.., __

·~" D Funded (Program)

Vendor Number (if known): Vendor Name: V•odrn ~ Y~

V04646 Spalding DeDecker Associates, Inc. Disclosure X IFAS Form Attached: No (N/A)



01/01/2015 12/31/2015 06/09/2015 ~ tract: If Renewal or Amendment, what terms have changed (if any): Amendment Number:

~New Renewal

""' Amendment Contract Bid: If not bid out, please explain: Lowest Bid: If not lowest bid, please explain:

DYes Professional Services DYes

IBJ No 0No


LJ Yes D No - Explain:


The Macomb County Board of Commissioners approved the Macomb County Remonumentation Plan on September 24, 1992 and embarked on a program of replacing, restoring and maintaining all Public Land Survey monuments in the county. The Macomb County Plan was updated by the State of Michigan in April of 2010 and approved by the Macomb County Board on May 25, 2010. Approval of the updated Macomb County Plan was signed by the State of Michigan on June 22, 2010.


Spalding DeDecker Associates has been contracted to establish 47 State Plane Coordinate values on corners previously remonumented located in Richmond and Lenox Townships. Additionally, Spalding DeDecker Associates will submit their findings of State Plane Coordinates on Public Land Survey Corners to the State of Michigan, Office of Land Survey and Remonumentation.




18:1 1. AWARDING A CONTRACT OF $35,000 OR MORE FOR SERVICES, SUPPLIES, MATERIALS, EQUIPMENT OR REAL ESTATE.


D D D

B

3. AWARDING A CONTRACT MODIFICATION EXCEEDING 1 0% OF THE ORIGINAL APPROVED CONTRACT AMOUNT.





96


This is an Agreement made January 1, 2015 by the County of Macomb, Michigan, a body corporate and Charter County (hereinafter, MACOMB) and Spalding DeDecker Associates, Inc. (hereinafter, the COMPANY).


RECITALS:


2. MACOMB has appointed a County Grant Administrator (hereinafter, MACOMB's ADMINISTRATOR), who will be responsible for the contracts and the financial aspects of MACOMB's Grant work, as well as the financial aspects ofthis Agreement.

3. MACOMB, has appointed a County Surveyor/Representative (hereinafter MACOMB's REPRESENTATIVE) who will be responsible for the technical aspects of MACOMB's Grant work, as well as, the technical aspects ofthis Agreement. And MACOMB's REPRESENTATIVE will chair periodic meetings of a Peer Group (appointed by said REPRESENTATIVE), which Group will function as specified in MACOMB's PLAN.


ARTICLE 1 - THE WORK. The COMPANY acknowledges that it has been given a copy of MACOMB's PLAN. The work to be done under this Agreement shall be done in accordance with Michigan Act No. 345 of the Public Acts of 1990 (as amended), MACOMB's PLAN, and Michigan Act No. 74 of the Public Acts of 1970 (as amended). The COMPANY shall provide a Professional Surveyor (hereinafter, the SURVEYOR), who shall be completely responsible for the proper execution of the work specified in this Agreement. Said SURVEYOR shall be the signatory (or one ofthe signatories) for the COMPANY's execution ofthis Agreement. The COMPANY shall furnish all materials and equipment and perform all of the work described in Exhibit A (included herein and made a part of this Agreement) in strict compliance with this Agreement. The work shall be completed to the satisfaction ofMACOMB's REPRESENTATIVE.

97

ARTICLE 2 - CHANGES AND ALTERATIONS. The COMPANY agrees to make alterations to the Work under this Agreement as MACOMB's REPRESENTATIVE may order in writing. If such alterations are beyond the Scope of Work covered in Exhibit A, such alterations shall be paid for at a price mutually agreed upon at the time by MACOMB's ADMINISTRATOR and the COMPANY. Such price may be based on either a unit price, a lump sum price, or on time and material.

ARTICLE 3 -TIME. The COMPANY covenants and agrees that the work herein agreed to be performed shall be commenced promptly upon Notice to Proceed, and that said work shall be carried on with dispatch (time being of the essence ofthis Agreement) and in such manner as to be fully and completely performed on or before the date set forth in Exhibit A.

ARTICLE 4- EXTENSION OF TIME. Ifthe COMPANY is unavoidably delayed in fulfilling this Agreement, due to reasons listed below, the COMPANY may request an extension of time. Said request must be in writing within seven (7) days following the date such cause or delay occurred. Extensions approved shall be as MACOMB's ADMINISTRATOR and MACOMB's REPRESENTATIVE judge to be just and reasonable.


1. Delay or suspension of work by the COMPANY for causes other than negligence faulty work, or the failure or refusal to carry out the provisions of this Agreement for the orders of MACOMB.

2. Delays due to unforeseen causes beyond the control and without the fault or negligence of the COMPANY, including but not restricted to acts of God, acts ofthe public enemy, acts of Government, acts of State or any political subdivision thereof, fires, floods, epidemics, labor dispute, or extraordinary delays in delivery of materials.

ARTICLE 5 - ASSIGNMENT OF AGREEMENT. The COMPANY shall not assign or transfer this Agreement or sublet any part of the work embraced in it, except with the written consent of MACOMB to do so.

All parts of the work that may be performed by an approved subcontractor shall be done in conformity with and be subject to all the provisions of the Agreement exactly as if performed by the COMPANY and its immediate employees and workmen. No subletting ofthe work shall in any way diminish or weaken the responsibility ofthe COMPANY for all parts ofthe work or lessen its obligations and liabilities under this Agreement.

2

98

ARTICLE 6- MACOMB'S RIGHT COMPLETE. Ifthe COMPANY shall be adjudged bankrupt, or if it should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency, or if the COMPANY should persistently or repeatedly fail to perform the work, or if it should persistently disregard laws or ordinances or the directions ofMACOMB, or if it should willfully and repeatedly violate any ofthe substantial provisions of this Agreement; then, in such case MACOMB shall state in writing that sufficient cause exists to order the COMPANY to discontinue all further work under this Agreement. Upon receipt ofthis notice, the COMPANY shall at once discontinue such work. MACOMB shall have the right to finish the work by contract, or otherwise, as MACOMB may elect. The COMPANY shall not be entitled to receive any payment until the work is finished. Further, the COMPANY shall only be entitled to receive payment for that portion of the work, which was properly completed by the COMPANY.


The foregoing provisions ofthis article are without prejudice to any other right of remedy which MACOMB may have under this Agreement.

ARTICLE 7- GENERAL REQUIREMENTS. The COMPANY shall comply with the following general requirements:

Permits and Regulations: The COMPANY shall secure and bear the cost of any permits or licenses necessary for the work contracted for. And the COMPANY shall obey and abide by the laws and requirements of the State of Michigan and of the County of MACOMB relating to the employment oflabor on public work.

Indemnity Clause: The COMPANY agrees that, to the extent that liabilities, obligations, damages, claims, costs, charges, and expenses are caused by a negligent act, error, or omission of the COMPANY (or anyone directly or indirectly employed by it) arising from the services rendered by the COMPANY or its SURVEYOR, the COMPANY agrees to hold harmless and indemnity MACOMB and the State of Michigan (and its agents and employees) from and against said liabilities, obligations, damages, claims, costs, charges, and expenses imposed upon MACOMB or the State of Michigan.

Insurance: Prior to commencement of the work, the COMPANY shall purchase and maintain during the term of this Agreement such insurance as will protect MACOMB and the COMPANY from claims arising out ofthe work performed by the COMPANY under this Agreement. As a minimum, such insurance shall consist of the following with the stated minimum limits:


3

99


A Comprehensive Automobile Liability policy to cover bodily injury and property damage arising out ofthe ownership, maintenance, or use of any motor vehicle, including owned, non-owned, and hired vehicles.



$500,000 $500,000 $100,000 $500,000 $100,000


MACOMB reserves the right to request complete Certificates ofinsurance if deemed necessary to ascertain details of coverage.

ARTICLE 8- PAYMENT. In consideration of the faithful and entire performance by the COMPANY of its obligations under this Agreement, MACOMB shall pay the COMPANY, at the time and in the manner stipulated, the amount based on the Total Contract Amount Not To Exceed as set forth in Exhibit B (attached hereto an made a part ofthis Agreement) in strict compliance with this Agreement.

As soon as practicable after the satisfactory completion of all work covered by this Agreement, MACOMB's REPRESENTATIVE will make a final inspection ofthe work as a whole and will make up a final estimate of the total amount due the COMPANY under the terms ofthis Agreement. The COMPANY shall file with MACOMB a sworn statement that all claims for amounts due for labor, materials, and equipment furnished for this work have been paid in full. Upon the acceptance ofthe completed work and the receipt of the sworn statement, MACOMB will pay the COMPANY the entire amount of such final estimate.

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100

Exhibit A:

SCOPE OF WORK, PAYMENT AMOUNTS, AND TIME FOR PERFORMANCE OF WORK TO BE DONE UNDER THE MACOMB COUNTY MONUMENT A TION AGREEMENT OF EVEN DATE.

NAME OF THE COMPANY: Spalding DeDecker Associates, Inc.




n/a

b. Establishing Macomb County approved State Plane Coordinates on Remonumented corners as follows:

TSN.R14E: D08, DIO, Dl2, F02, F04, F06, F08, FlO, Fl2, H02, H04, H06, H08, HlO, Hl2, 108, 110, 112, L02, L04, L06, L08, LIO, Ll2.

T4N.R14E: 801,802,803, COl, C02, DOl, D02, EOl, E02, FOI, F02, GOI, G02, HOI, H02, 101, 102, JOI, 102, KOl, K02, LOI, L02.




(2) The selected location is a careful and faithful re-establishment of the position of the original corner; or


b. Include in the above-noted Research Dossier, a typed ready-for-recording "Land Corner Recordation Certificate" (LCRC) in the form as required by Michigan Act 74 of the Public Acts of 1970 (as amended). Said LCRC shall include, under Section C thereof, one of the

5

101

three statements listed in above Section 2.a. One copy of the Dossier and the proposed LCRC must be submitted to MACOMB's REPRESENTATIVE one week prior to MACOMB's Peer Group Meeting. Attendance at MACOMB's Peer Group Meeting to present evidence found and make recommendations for each corner position is required.






6. If this Agreement includes establishing State-approved State Plane Coordinates see "Procedures for Establishing Macomb County Remonumentation Program State Plane Coordinates," outlined in Exhibit C (attached hereto and made a part ofthe Agreement) in strict compliance with this Agreement.

7. Appoint a Michigan Licensed Professional Surveyor as a MACOMB Peer Group Member, if requested by MACOMB's REPRESENTATIVE. The selected MACOMB Peer Group Member shall be approved by the Macomb County Board of Commissioners. The MACOMB Peer Group Member will attend MACOMB's Peer Group meetings when requested and as scheduled by MACOMB's REPRESENTATIVE, consisting of a maximum oftwo (2) meetings per month held between April and December ofthe Grant Year. In the event that the appointed MACOMB Peer Group Member cannot attend a scheduled meeting, two (2) weeks prior notice is required.


6

102

9. The time set for the completion ofthis work is September 30,2015. The date ofthe NOTICE TO PROCEED in Exhibit A is the date of the execution of this Agreement. Failure to complete the work on time will be considered grounds for the termination of this Agreement and may be grounds for not considering the COMPANY for any future work.



By: ________________________________ __

Pamela Lavers Assistant County Executive

Printed Name


By~ Cr ·g A. Jones, ChrefDeputy Regtster & Remonumentation Grant Administrator

WITNESS SPALDING DEDECKER ASSOCIATES, INC.

~kta__~ &tfa._

j)Er3£fl frY .:OLA

By ~fd. fbh GEo~\Qf' M . ?L~1-

Printed Name Printed Name

P lease have one witness to your signature.

7

103

Exhibit B:

Payment Schedule: Spalding DeDecker Associates, Inc.



29 State Plane Coordinates (SPC) $ 575.00 $16,675.00

4 Adjacent Corners $ 160.00 $ 640.00

18 SPC Traverse Method $ 890.00 $16,020.00

47 SPC-LCRC $ 150.00 $ 7,050.00


8

104

Exhibit C:



I. Antenna Height measurement at the beginning and end of the observation session. 2. Observation times shall not be less than thirty (30) minutes. 3. Two (2) observation sessions per station.

B. Deliverables




a. Output shall have peak to peak errors ofless than 2cm (0.06 feet). b. IGS Rapid or precise orbits must be used. Use of Ultra Rapid Orbit is not acceptable. c. Overall RMS of Observation must be under 2cm (0.06 feet). d. 95% or greater of the ambiguities must be fixed. e. 90% or greater ofthe observations shall be used. f. All reference stations used as control must be MSRN Stations. If not possible, contact







9

105

Exhibit C:








10

106

To:

From:



Pamela J. Lavers, Assistant County Executive f{--Date: June 4, 2015


RE: Agenda Item- Corporation Counsel, 2015-2017 Freedom Hill County Park Use License

Attached you will find documentation and a resolution from Corporation Counsel, John Schapka to grant event sponsor exclusive use of Freedom Hill Park grounds for the purpose of conducting family oriented, recreational, educational and cultural activities beneficial to the residents of and visitors to Macomb County. Such be limited to expressly identified dates not to exceed eighteen (18) days per year for years 2015, 2016 and 2017.

The Executive Office respectfully submits this agenda item for the Commission's consideration and recommends approval of the 2015-2017 Freedom Hill County Park Use License as stated above.

PJL/smf

cc: John Schapka

107

MACOMB COUNTY, MICHIGAN rdMi~lhiNffiJI4~~~~11~:•fi•S•Jt•~•i~·~·~·-R;~!.•tj~~·-Nj~

RESOLUTION

Resolution to:

Grant event sponsor exclusive use of Freedom Hill Park grounds for the purpose of conducting family oriented, recreational, educational and cultural activities beneficial to the residents of and visitors to Macomb County. Such be limited to expressly identified dates not to exceed eighteen (18) days per year for years 2015, 2016 and 2017.



Veronica Klinefelt, Chair, Government Operations Committee

Government Operations 6-9-15 (referred to Finance)

Finance 6-11-15

108

9' 'I o( . . 11,C:O,.nG p.~


June 4, 2015 Date


CORPORATION COUNSEL 1 South Main St., 8th Floor

Mount Clemens, Michigan 48043 Phone: (586) 469-6346 • Fax: (586) 307-8286

Corporation Cousnel REQUEST APPROVAL/ ADOPTION OF

Corporation Counsel John A. Schapka

Assistant Corporation Counsel Frank Krycia Jill K. Smith

Robert S. Gazall

To Approve 2015-2017 Freedom Hill County Park Use License

SUBJECT:

2015-2017 Freedom Hill County Park Use License


Yes. Contract amount due to County exceeds $35,000.00.


To grant event sponsor exclusive use of Freedom Hill Park grounds for the purpose of conducting family oriented, recreational, educational and cultural activities beneficial to the residents of and visitors to Macomb County. Such be limited to expressly identified dates not to exceed eighteen (18) days per year for years 2015, 2016 and 2017.


Year one of three year contract period realizes a $37,000 gross revenue to County, less possible refund of $10,000 security and damage deposit. Revenue realized by County in years two and three will be dependent on the number of event days in those years, but are expected to be similar to year one.

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Execution by OCE, Final approval by SOC




~fl¥L--F" Signature

Corporation Cousnel

To Approve 2015-2017 Freedom Hill County Park Use License

Corporation Cousnel

21 Page

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2015-2017 FREEDOM HILL COUNTY PARK USE LICENSE

This Agreement is entered into this __ day of , 2015 between the CHARTER COUNTY OF MACOMB ("County") and HILLSIDE PRODUCTIONS, INC., a Michigan Corporation ("Event Sponsor").

RECITALS:

WHEREAS, the County of Macomb is the owner of the Freedom Hill County Park ("Park") located at 15000 Metropolitan Parkway, Sterling Heights, MI 48312-3420; and

WHEREAS, County is desirous of allowing use of specified pmiions or areas of its Freedom Hill County Park for family oriented recreational, educational, and cultural activities consistent with the purpose of maintaining a County Park, and which are beneficial to the people of Macomb County as determined by the County in its sole discretion, and

WHEREAS, it is the intent ofthe County of Macomb and the Event Sponsor to enter into this license agreement to establish and define their rights, obligations, and liabilities relative to the operation of such presentations,

NOW, THEREFORE, to establish and define the rights, obligations, and liabilities between the patiies, it is agreed as follows:

SECTION 1. NATURE OF THE EVENTS.

The Event Sponsor will conduct and cany on at the Freedom Hill County Park, the schedule of events as provided in Appendix A.

SECTION 2. COSTS AND FEES.

1. Damage and Cleaning Deposit. The Event Sponsor shall pay to the County a Damage and Cleaning Deposit in the total sum of $30,000.00, to be paid on an annual basis in the sum of Ten Thousand Dollars ($10,000.00) for each year of the three year term of this agreement. Any damage and cleaning charge made against such deposit shall not exceed the County's actual costs of materials and actual cost of labor calculated at (1) the hourly rate paid to the lowest level County employee qualified to perform the task, or (2) if not possible to be performed by a County employee or employees, at the actual cost quoted by the best qualified contractor's bid.

a. The Ten Thousand Dollar ($10,000.00) annual Damage and Cleaning Deposit shall be for the purpose of securing the Event Sponsor's cleaning, take-down, and repair and restoration obligations as detailed in Appendix B.

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b. The Ten Thousand Dollar ($10,000.00) annual Damage and Cleaning Deposit shall be paid no later than June 1st of each year of the three year term of this agreement.

c. In addition to the terms and conditions imposed in the Park Use License Agreement, the Ten Thousand Dollar ($10,000.00) annual Damage and Cleaning Deposit, or a portion thereof, may be forfeited as necessary to cover the cost of repairing damage to Park propetiy, structures, fixtures, and/or to cover the cost of necessary damage repair, landscape, clean-up, and/or custodial labor and materials. The Event Sponsor's liability shall not be limited to the amount of the Deposit and the Event Sponsor shall instead remain liable to the County for the actual costs of damage repair, landscape, clean-up, and/or custodial labor and materials in excess of the Deposit. To the extent the actual costs of damage repair, landscape, clean-up, and/or custodial labor and materials are less than the annual Ten Thousand Dollar ($10,000.000) Deposit, the unused balance shall be retumed to the Event Sponsor no later than December 1st of the year in which the Deposit was paid or was to be paid to the County.

d. The Ten Thousand Dollar ($10,000.00) annual damage and cleaning deposit shall be paid to the County il1'espective of whether the Event Sponsor cancels one or more of its events during any year or all years of the three year te1m of this agreement. In the event the Event Sponsor cancels all events during any or all of the three years of this agreement, no damage and cleaning deposit shall become due for that/those years, or if paid prior to such cancellations, it shall be refunded in its entirety by the County.

2. Grounds Rental Fee. No later than sixty (60) days after the conclusion of the final festival event of each year, 2015, 2016, and 2017, the Event Sponsor shall pay to the County the annual grounds rental fee reflected in Appendix A.

3. Taxes and Fees. The Event Sponsor shall be solely responsible and shall pay at its sole expense all applicable federal, state, and local taxes, permit costs and fees, and other costs arising from compliance with federal, state, or local health, safety, and sanitation laws, ordinances, codes, and regulations.

4. End of Season Inspection. The County shall annually inspect and survey the Park Grounds' structures, fixtures, and sanitary sewers following the final event of each of the three year's festival seasons and shall directly charge to the Event Sponsor the actual cost of cleaning and/or damage repair. Any such charge shall not exceed the County's actual costs of materials and actual cost of labor calculated at (1) the hourly rate paid to the lowest level County employee qualified to perfmm the task, or (2) if not possible to be performed by a County employee or employees, at the actual cost quoted by the best qualified contractor's bid.

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5. The event Sponsor's obligation in this regard shall not be limited to or capped by the Ten Thousand Dollar ($1 0,000.00) annual damage and cleaning deposit detailed in Section 2, ~ 1 above. Any damage and cleaning charge made in excess of the Event Sponsor's damage and cleaning deposit shall not exceed the County's actual costs of materials and actual cost of labor calculated at (1) the hourly rate paid to the lowest level County employee qualified to perform the task, or (2) if not possible to be performed by a County employee or employees, at the actual cost quoted by the best qualified contractor's bid.

6. Parking Fees. The Event Sponsor shall charge and collect, on a per vehicle basis, a fee for parking on or within the Park Grounds consistent with the terms of the Sublease Agreement dated May 19, 1999, and its March 21, 2000, and March 29, 2001, Amendments, now in effect between the County and the Event Sponsor.

7. Form of Payment. Checks for all monies and fees due to the County shall be made payable to the Macomb County Treasurer.

8. Outstanding Debt to County. The Event Sponsor warrants that it is not in anears on any debt owed to the County, not in anears on any tax obligation of any nature owed to the County, and is not in breach of any contract to which the County is a patty. The Event Sponsor expressly acknowledges that such arrearage, tax debt, or breach shall be a bar to this or any other License agreement with the County.

SECTION 3. VENDORS AND ENTERTAINMENT.

1. Ground Rules and Regulations. The Event Sponsor shall provide to each vendor and/or entetiainer a copy of the Grounds Rental Rules and Requirements reflected in Appendix B.

2. Vendors, Entertainers and Advmiisers. No later than 7 days prior to each festival, the Event Sponsor shall provide to the County:

a. A list of vendors with the vendor's booth number and location, and a copy of the vendor's acknowledgement of receipt of a copy of Grounds Rules and Requirements reflected in Appendix B.

b. A list of all entertainers with a schedule of each entetiainer's performances, and a copy of the entertainer's acknowledgement of receipt of a copy of Grounds Rules and Requirements reflected in Appendix B.

c. A list of all commercial advertisers and a description of advettising to be displayed within the Park confines at any time during the event. This provision does not apply to commercial advertisers advertising in or on the Amphitheater area.

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d. In the event the Event Sponsor contracts or arranges for the participation of a vendor, ente1tainer, or commercial adve1tiser/advertising within 7 days of the beginning date of a scheduled event, the Event Sponsor shall provide the County the information detailed in sub-paragraphs a through c immediately above as soon as is practicable.

SECTION 4. COMPLIANCE WITH LAW.

1. Compliance with Law - Generally. The Event Sponsor shall be solely responsible and shall comply with all federal, state, and local statutes, codes, ordinances, and regulations ("laws") touching upon health, safety, sanitation, tax, labor, and food and beverage sales, including sales of liquor and/or alcohol, and with those laws applicable to the activities related to the event.

2. Living Wage Policy. The Event Sponsor shall comply with the Macomb County Living Wage Policy as adopted on October 26, 2005. Living Wage shall mean an hourly wage rate, which when calculated on an annual basis, based on forty hours per week, fifty weeks per year, is equivalent to either of the following: (a) one hundred and twenty-five percent (125%) of the Federal Poverty Level, or (b) one hundred percent (100%) of the Federal Poverty Level, if Health Care Benefits are provided to its employees by the Event Sponsor at its expense. The Event Sponsor shall maintain a listing of the name, address, date of hire, title, occupation, classification, rate of pay and benefits paid for or to each employee in the Event Sponsor's work force, regardless of whether any such employee provides services under the terms and conditions of this License Agreement, and shall submit a copy of such list to the County of Macomb Auditor by December 31 of the year during which this License Agreement was in effect between the Pa1ties.

3. City of Sterling Heights Codes and Ordinances. The Event Sponsor shall afford special attention to, and expressly warrants its compliance with, all City of Sterling Heights codes, ordinances, and regulations including, but not limited to, those concerning time and volume restrictions· on noise, fire and fire marshal inspections, food service and health inspections, fireworks storage and displays, and mechanical, engineering, and safety inspections of both mechanical and electrical equipment, rides, and amusements. Further, the Event Sponsor shall contact City of Sterling Heights authorities no later than 7 days prior to each scheduled event for the purpose of scheduling and coordinating all inspections required for compliance with the City's codes, ordinances, and regulations. In event the Event Sponsor fails to timely coordinate any inspection, or fails any inspection required for compliance with the City's codes, ordinances, and regulations, the subject activity shall not be allowed.

4. Failure to Comply. Failure by the Event Sponsor to comply with all such applicable statutes, codes, ordinances, and regulations, including those of the City of Sterling Heights, shall be grounds for the forfeiture to the County of the Event Sponsor's security deposit. Any forfeited deposit may not be applied as a credit toward the

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payment of such deposits or fees arising from future Park Use License Agreements between the County and the Event Sponsor. Failure by the Event Sponsor to comply with all such applicable laws shall fmiher be cause for the immediate cancellation of this agreement, and may constitute a bar to any future Park Use License Agreements between the County and the Event Sponsor.

SECTION 5. GROUNDS RULES AND REQUIREMENTS.

1. Grounds Rules and Requirements. The County's cunent Grounds Rules and Requirements are attached at Appendix B.

2. Failure to Comply. Failure by the Event Sponsor to comply with the Grounds Rules and Requirements shall be cause for the immediate cancellation of this agreement, forfeiture of the Event Sponsor's security deposit, and bar any future Park Use License Agreements between the County and the Event Sponsor.

SECTION 6. FORCES BEYOND COUNTY CONTROL.

1. The County shall not be liable for damages to the Event Sponsor in the event any natural disaster, fire, flood, wind or tornado, contagion, Act of God, force majeure, strike, labor dispute, civil disturbance, act of war, or action by any governmental agency other than the County, makes performance of this License Agreement impossible.

SECTION 7. OPERATION LIMITATIONS.

1. Exclusivity. The Event Sponsor expressly acknowledges this license is not exclusive and confers upon the Event Sponsor no general exclusive right or entitlement to the use of the Park Grounds beyond the schedule of events, the dates and/or times of which are expressly detailed in Appendix A, and the County may at its sole discretion grant licenses for the use of the Park Grounds to others on dates and/or times not otherwise reserved to the Event Sponsor under the terms and conditions of this agreement.

2. Dates and Events.

a. The dates of the 2015 events detailed in Appendix A shall not be subject to change absent the County's express written permission; the County shall grant such pennission when and where it is reasonable to do so.

b. The dates of the events to be staged in years 2016 and 2017 shall be identified by the Event Sponsor and disclosed to the County no later than April 15111 of those respective years. The total number of event-days shall not exceed eighteen (18) in either year 2016 or 2017.

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c. The dates and times ofthe events to be staged in years 2016 and 2017 shall be documented in an Events Addendum to this License Agreement, agreed to by the parties and reduced to writing executed by the parties no later than May 1st

of the subject years.

d. The events to be staged in years 2016 and 2017 shall be subject to the express written approval of the County, and the Event Sponsor expressly aclmowledges and agrees that the County may, in its sole discretion, withhold approval and thereby prohibit any or all 2016 and 2017 events which are not consonant with family oriented recreational, educational, and cultural activities beneficial to the people of Macomb County.

e. The County's approval of the events to be staged in years 2016 and 2017 shall be evidenced by the County's execution ofthe Event Addendum(s) referenced above and no other evidence of the County's approval shall be required.

f. The Event Sponsor expressly aclmowledges and agrees that the parties' failure, regardless of the underlying reason, to execute the Events Addendum(s) referenced above shall be interpreted as, and is acknowledged to be, the County's disapproval of the events otherwise proposed or planned by the Event Sponsor.

3. Hours of Event Operation.

a. On scheduled event dates during year 2015, the Event Sponsor shall have exclusive use of the Park Grounds during the hours reflected in the schedule of events detailed in Appendix A.

b. On scheduled event dates during years 2016 and 2017, the Event Sponsor shall have exclusive use of the Park Grounds during hours reflected in the Events Addendum conesponding to those years. Such hours, however, shall be consistent with those allowed for the year 2015 events as reflected in Appendix A.

4. Set Up and Take Down.

a. The Event Sponsor shall have exclusive use of the park grounds for the limited purpose of set-up and take-down activities for two days prior to, and two days after, each scheduled event reflected in Appendix A and/or the 2016 and 2017 Events Addendum to this License Agreement.

b. In addition to any other fees or charges provided herein, the Event Sponsor shall pay to the County a set-up and take-down fee of $500.00 per scheduled Festival reflected in Appendix A and/or the 2016 and 2017 Events Addendum to this License Agreement.

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c. At or soon after the conclusion of each event, the County shall inspect and survey the Park Grounds and shall directly charge to the Event Sponsor the actual cost of removal of any trash, debris, equipment, or display items remaining on the Park Grounds after 8:00 p.m. of the final scheduled takedown date.

5. Allowed Activities. The activities conducted in conjunction with the event shall be limited and restricted to those stated in Appendix A and/or the 2016 and 2017 Events Addendum to this License Agreement, and no additional uses or activities shall be permitted on the premises.

6. Equipment, Materials, Personnel. Except as expressly noted herein, the Event Sponsor shall provide, at its own cost and expense, all equipment, materials, and personnel necessary for conducting its event, including dance floors, bleachers, baiTiers, signage, tables, chairs, booths, sound system, decorations, display items, bathroom provisions and supplies including soap, toilet paper, and cleaning materials, refuse and waste collection bags and can liners, electrical generation equipment, lighting, parking attendants, and overnight security. The County shall provide the Event Sponsor access to batlu·oom facilities, refuse and waste collection banels, pickup, and removal, park benches, picnic tables, water, and multiple outlet electrical sources with six 20 amp, 120 volt outlets, and one 30 amp, 208 volt outlet (requiring a Hubbell Twist Lock 30 amp, 250 volt plug, stock #2621-male), with a maximum capacity of 50 amps.

SECTION 8. INSURANCE REQUIREMENTS.

1. Minimum Policy Requirements. The Event Sponsor shall provide, at its own expense, a policy of insurance for public liability covering the date(s) of the event, including the dates and times allowed for pre-event set-up and site preparation and the dates and times allowed for post-event take-down and removal of equipment from the park site. The policy of insurance shall name Macomb County as an additional insured party. Such insurance shall equal to or exceed the following:

a. Comprehensive General Liability:

b. Including Broad Fmm Conceptual and Personal Injury:

c. Products Liability

d. Broad Form Property Damage

e. Auto Liability

f. Liquor Liability (where applicable)

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$1,000,000.00 per person

$1,000,000.00 per occunence

$1,000,000.00 Aggregate

$1,000,000.00 minimum

$500,000.00 combined single limit

$1,000,000.00 minimum

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g. Fireworks Liability (where applicable) $1,000,000.00 minimum

2. Coverage. The policy of insurance shall include coverage for premises operations, products, completed operations, personal injury including false arrest and assault and battery, and contractual claims.

3. Proof of Insurance. A certificate of insurance evidencing such policies and coverage shall be furnished by the Event Sponsor to the County's Risk Manager, with full premium paid, no later than 7 days prior to the first date allowed for event set-up and site preparation respectively for each of years 2015, 2016, and 2017. All policies shall be subject to the reasonable approval of the County for adequacy and form of protection.

4. Failure to Provide Proof of Insurance. Failure by the Event Sponsor to provide the County's Risk Manager satisfactory proof of insurance coverage as provided immediately above shall be cause for the immediate cancellation of this agreement, and may act as a bar to any future Park Use License Agreements between the County and the Event Sponsor. Such failure shall also constitute grounds for the forfeiture to the County of the Event Sponsor's security deposit.

5. Event Sponsor's Property. The Event Sponsor agrees to insure its property and equipment located or situated on the Park Grounds on a replacement value basis against all forms of physical loss and shall under this policy cause the insurance catTier to issue to the County a waiver of subrogation. In the event the Event Sponsor does not obtain this insurance or obtains inadequate insurance, the Event Sponsor releases the County as to damage or loss of its propetiy and equipment while on the County's propetiy.

SECTION 9. INDEMNIFICATION.

1. Indemnification by Event Sponsor. The Event Sponsor shall indemnify, represent, defend, and hold hmmless Macomb County and its officers and employees as to any and all claims, lawsuits, or liabilities, whether arising under a contract theory of recovery, or whether arising under a tort based theory of recovery, and in either instance regardless of the nature or extent of any such cause of action so long as such cause(s) of action arises from the acts or omissions of the Event Sponsor, the Event Sponsor's officers, employees, agents, or volunteers, or the Event Sponsor's vendors, entertainers, and/or demonstrators regardless of whether such cause(s) of action arises from careless, negligent, grossly negligent, willful and/or wanton, intentional, and/or deliberately improper conduct attributable to the Event Sponsor and/or the Event Sponsor's officers, employees, agents, or volunteers, or attributable to any person or business enterprise acting under contract with the Event Sponsor, which responsibility shall not be limited to the insurance coverage provided herein.

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2. Immunity Granted by Law. Nothing contained in this Agreement shall be construed as a waiver or abrogation of any immunity, or the expansion of any exception thereto as may be recognized by law, afforded to the County, its officers, or employees by prevailing law, regardless of whether arising from statute or judicial ruling.

SECTION 10: COMMERCIAL ADVERTISING.

1. Off-Site Advertising. The Event Sponsor shall have the sole and exclusive right to adve1iise the event, including its date, time, place, nature, attractions, activities, music and ente1iainment, without limitation as to time, place, or manner of such advertising.

2. On-Site Advertising. The Event Sponsor acknowledges that pursuant to a preexisting contractual agreement ("Freedom Hill Lease") between the County and Hillside Productions, Inc. (Hillside), Hillside is the exclusive sales agent for all advertising in or on the Park Grounds, and that under the terms of that agreement the County and Hillside are each entitled to fifty per cent (50%) of all gross adve1tising revenues. Such app01tionment of advertising revenues shall not be applicable to temporary adve1tising signs, posters, and/or banners displayed within the Park grounds in conjunction with, and during the duration of, the scheduled events conducted under the terms of this agreement.

3. Offensive Content. The County shall have the right to remove or demand the removal of any commercial adve~iising found to be offensive, obscene, inflammatory, or otherwise objectionable. The Event Sponsor expressly waives and agrees to indemnify the County as to any claim for lost revenue, economic loss, or infringement upon commercial speech rights in the event the County removes any commercial adve1iising found to be offensive, obscene, inflammatory, or otherwise objectionable.

SECTION 11. SECURITY.

1. Sheriffs Personnel. At the Event Sponsor's cost, the County shall, through the Macomb County Sheriffs Office, provide and maintain swom uniformed deputies who will provide security at the site during the operating hours of the event. The number of such personnel provided to maintain security on each day of each event shall be dete1mined solely at the discretion of the Macomb County Sheriff, and such deputies shall take such actions deemed reasonable and necessary for the preservation of the safety, order, and good discipline of all Park visitors attending the event. The Event Sponsor shall pay to the Sheriffs Office the actual cost of such personnel as determined by the hour and wage scales applicable under cunent collective bargaining agreements.

2. No Third Pmiy Rights. This provision shall not be construed to create any third party beneficiary or third pmiy rights with regard to the provision of security or security

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services, or with regard to any failure to provide security or security services. Notwithstanding the operation of any other indemnification provision in this agreement, the Event Sponsor shall indemnify and hold ha1mless the County as to any and all claims, lawsuits, or liabilities, arising fi:om any actual failure to maintain proper security, or any alleged failure to maintain proper security.

SECTION 12. RELATIONSHIP BETWEEN THE PARTIES.

This License Agreement does not create any relationship of principal-agent between the parties, and it shall not be construed to create a principal-agent relationship between the pmiies, between the County and any vendor, entertainer, or demonstrator participating in the event, or between the County and any employee, agent, volunteer, contractor, or employee or agent of any contractor working under contract or otherwise on behalf of the Event Sponsor. Rather, this License establishes and defines the nature, manner of conduct, duties, obligations, and liabilities of the parties relating to the conduct of the event and the Event Sponsor's right to use the Park.

SECTION 13. WAIVER OF CLAIMS.

1. Lawful Intervention. The Event Sponsor waives any and all claims arising from any or all losses or damages sustained by reason of any lawful intervention by any public agency or official into the conduct of the scheduled event. Any such lawful intervention shall not relieve the Event Sponsor of its duties, responsibilities, or obligations imposed under the terms of this Permission Agreement.

2. Infrastructure Failure. The Event Sponsor waives any and all claims for compensation arising from any loss or damages sustained by the Event Sponsor by reason of any defect or failure of the Park's gas, water, or electrical supply, or any defect or failure of related apparatus, equipment, or fixtures which may occur from time to time and for any cause, unless caused by the gross negligence of the County or its employees or agents.

2. Insurrection and Acts of Nature. The Event Sponsor waives any and all claims for compensation arising from any loss or damages sustained by the Event Sponsor resulting from fire, flood, rain, water, wind, tornado, or insurrection, civil disturbance, and/or riots unless caused by the gross negligence of the County or its employees or agents.

SECTION 14. ASSIGNMENT AND AMENDMENT.

1. This License Agreement and its appended Appendices A and B represent the entire agreement between the pmiies.

2. This License Agreement and its terms and conditions shall not be amended except with the written consent of both pmiies.

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3. This License Agreement shall not be assigned or transfe1Ted without the prior written consent of both parties.

SECTION 15. PERMITS AND LICENSES.

The Event Sponsor shall secure at its own expense all permits or licenses required or otherwise necessary for legal operation of the scheduled event and/or any of its activities, services, displays, or demonstrations during and in connection with the scheduled event.

SECTION 16. ILLEGAL USES.

The Event Sponsor shall not allow, permit, or use the Park Grounds for any unlawful or illegal purposes, or any purpose in violation of any federal, state, county or local law.

SECTION 17. NON-DISCRIMINATION.

The Event Sponsor shall not discriminate in the full and equal accommodation, enjoyment, and access to the Park and park facilities and afford such access to all members of the public regardless of race, religion, color, national origin, ethnicity, age, gender, sex, marital status, or any other protected class as defined by federal or state law.

SECTION 18. PERSONNEL.

The Event Sponsor shall employ such personnel as it deems necessary for its operation of the scheduled event and all such personnel shall be admitted to the Park free of charge. The Event Sponsor shall not discriminate against any employee or applicant for employment with respect to his or her hire, tenure, terms, conditions or privileges of employment because of race, religion, color, national origin, ethnicity, age, gender, sex, marital status, or any other protected class as defined by federal or state law.

IN WITNESS WHEREOF, the parties have caused those present to sign this Permission Agreement on the day of , 2015.

IN THE PRESENCE OF: CHARTER COUNTY OF MACOMB

BY: -----------------------

ITS:

IN THE PRESENCE OF:

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Appendix A

RE: 2015-2017 FREEDOM HILL COUNTY PARK USE LICENSE

1. 2015 Event Titles: Harley Fest Stars and Stripes Festival Italian Festival Chill on the Hill

2. Event Description and Schedule:

The festival events indentified above are family oriented celebrations which may feature live music ente1iainment, food vendors, alcohol sales, product demonstrations and sales, fireworks displays, midway games and amusements, midway rides, and animal demonstrations. The portions of Freedom Hill Park available for the Event Sponsor's use for the festival events shall be limited to the grass and lawn areas of the Park Grounds, sidewalks, roadways, parking areas, Pavilion, and bathroom facilities, and expressly excludes the Amphitheater, its associated structures and fixtures, and any other pmiions of the Park Grounds leased exclusively to Hillside Productions, Inc. under the te1ms of the Freedom Hill Lease and/or the Food and Beverage Agreement, including pmiions of Independence Hall. The festival events identified above shall be conducted as scheduled below:

a. Harley Fest.

(1) Date/Hours of Operation:

1. Saturday, June 13, 2015.

ii. Hours of operation shall begin no earlier than 10:00 a.m.

m. All musical perfonnances and perfmmance related entertainment activities amplified through a public address system of any size or nature shall end no later than 11:00 p.m.

iv. All carnival and midway rides, games, attractions, and associated prerecorded music, musical sound tracks, and public address announcements, shall end no later than 11:30 p.m.

v. All vendor and food sales, all fireworks displays, and all other festival activities shall end no later than 12:00 a.m. (midnight).

(2) Set-Up and Take-Down: The Event Sponsor shall have exclusive use of the Park grounds for the purposes of set-up and take-down for a period of two days prior and two days following the event.

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b. Stars and Stripes Festival


1. Thursday. June 25,2015, through Sunday, June 28,2015.

ii. On each date identified above, the hours of operation shall begin no earlier than 10:00 a.m.

m. On each date identified above, all musical performances and performance related entertainment activities amplified through a public address system of any size or nature shall end no later than 11:00 p.m.

IV. On each date identified above, all carnival and midway rides, games, attractions, and associated pre-recorded music, musical sound tracks, and public address announcements, shall end no later than 11:30 p.m.

v. On each date identified above, all vendor and food sales, all fireworks displays, and all other festival activities shall end no later than 12:00 a.m. (midnight).


d. Italian Festival.

( 1) Date/Hours of Operation:

1. Friday, July 17,2015 through Sunday, July 19,2015.

ii. On each date identified above, hours of operation shall begin no earlier than 10:00 a.m.

111. On each date identified above, all musical performances and performance related entertainment activities amplified through a public address system of any size or nature shall end no later than 11:00 p.m.

iv. On each date identified above, all carnival and midway rides, games, attractions, and associated pre-recorded music, musical sound tracks, and public address announcements, shall end no later than 11 :30 p.m.

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v. On each date identified above, all vendor and food sales, all fireworks displays, and all other festival activities shall end no later than 12:00 a.m. (midnight).


e. Chill on the Hill


i. Saturday, September 12, 2015, through Sunday, September 13, 2015.

11. Hours of operation shall begin no earlier than 10:00 a.m.

iii. All musical perfmmances and perfmmance related ente1iainment activities amplified through a public address system of any size or nature shall end no later than 11:00 p.m.

IV. All carnival and midway rides, games, attractions, and associated prerecorded music, musical sound tracks, and public address announcements, shall end no later than 11 :30 p.m.

v. All vendor and food sales, all fireworks displays, and all other festival activities shall end no later than 12:00 a.m. (midnight).


3. Exclusivity. This License grants the Event Sponsor the exclusive use, enjoyment, and occupation of the Park on the Set-Up, Event, and Take-Down dates identified in Paragraph 2, and its sub-paragraphs, immediately above.

4. Take Down and Removal. In the event the Event Sponsor fails to remove all equipment and/or display items from the Park by the time and date(s) detailed above, the County shall directly charge to the Event Sponsor the actual cost incurred by the County for the removal of any equipment or display items.

5. Site. The Event Sponsor acknowledges that it has acquainted itself with the site described here to be used for its event: Freedom Hill Park, inclusive of parking areas, driveways, walkways, grass and lawn areas, the covered pavilion and stage, but exclusive ofthe Amphitheater its associated structures and walkways.

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6. Damage and Cleaning Deposit. The Event Sponsor shall pay to the County a damage and cleaning deposit in the total sum of $30,000.00, annualized and payable in the amount of amount of Ten Thousand Dollars ($1 0,000.00) for each year of the three year term of this agreement.

a. The Ten Thousand Dollar ($10,000.00) annual damage and cleaning deposit shall be for the purpose of securing the Event Sponsor's cleaning, take-down, and repair and restoration obligations as detailed in Appendix B.

b. The Ten Thousand Dollar ($10,000.00) annual damage and cleaning deposit shall be paid no later than June 1st of each year of the three year term of this agreement.

c. To the extent no damage or clean-up costs are charged against it, the annual damage and cleaning deposit shall be returned to the Event Sponsor no later than December 1st of the year in which such was paid or was to be paid to the County.

d. The Ten Thousand Dollar ($10,000.00) annual Damage and Cleaning Deposit shall be paid to the County inespective of whether the Event Sponsor cancels any or all of its events during any year or all years of the three year term of this agreement.

7. Grounds Rental Fee. With regard to each commercial Festival conducted for the primary purpose of eaming a pecuniary profit, the Event Sponsor shall pay to the County:

a. $2,500.00 per day for each day of scheduled festival operations.

b. $500.00 set fee for pre-festival preparation and set-up, and post-festival equipment removal.

c. Total grounds rental fee amount due under the terms of this agreement shall be calculated and paid on annual basis.

d. The grounds rental fee shall be paid no later than October 151h of each calendar

year, 2015, 2016, and 2017.

8. Parking Fees. With regard to each commercial Festival conducted for the primary purpose of earning a pecuniary profit, a parking fee of $10.00-$15.00 shall be charged for each vehicle parking within or on Park Grounds.

a. Parking fees shall not be waived or excused for any guest or member of the public attending the event regardless of whether such guest or member of the public attend the event on a paid admission basis or on a complimentary or free of charge basis.

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b. The following shall not be charged a parking fee: (1) the Event Sponsor's employees, agents, contractors and contractor's employees, (2) vendors, product demonstrator, entertainers and crew members, (3) Macomb County Sheriff personnel assigned to provide security at the event pursuant to the terms of this Appendix and the License Agreement to which it petiains, and (4) Macomb County officials granted universal staff credentials. ·

9. The Event Sponsor represents that the majority of its electrical power needs shall be satisfied by generators provided by the Event Sponsor at its sole cost and expense. For all other electrical power needs drawn from the Park's electrical system, a flat fee of $250.00 per day, for each day of festival operations. Such fee shall be paid in its entirety no later than sixty (60) days after the conclusion of the final festival event of each year, 2015,2016, and 2017.

Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill

[Appendix A- Nothing Follows]

Page 16 of 27

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Appendix B

Macomb County Parks Ground Rules and Requirements

RE: 2015-2017 FREEDOM HILL COUNTY PARK USE LICENSE AGREEMENT

1. Available Facilities.

a. Applications will be accepted on the basis of the date security deposit ts received.

b. The County reserves the right to decline licensing the use of the facilities to any person, group, or business enterprise, or for any activity the County believes would be detrimental to the social, cultural, or recreational well being, or which would pose a risk to the safety, security, or peace and good order of Macomb County or its residents and visitors.

c. The portions of Freedom Hill Park available for the Event Sponsor's use for the festival event shall be limited to the grass and lawn areas of the Park Grounds, sidewalks, roadways, parking areas, Pavilion, and bathroom facilities, and expressly excludes the Amphitheater, its associated structures and fixtures, and any other portions of the Park Grounds leased exclusively to Hillside under the terms of the Freedom Hill Lease and/or the Food and Beverage Agreement, including portions of Independence Hall.

2. General Rules.

a. Vehicles and Vehicle Operations.

(1) Vehicular entry into the Park Grounds will be on a paid fee basis only.

(2) All motor vehicles will be operated on roadways and designated parking areas only. This shall not be construed to prohibit the operation of emergency vehicles (i.e., fire, ambulance, police) in areas beyond roadways and designated parking areas as may be reasonable and necessary.

(3) A parking fee shall be charged on a per-vehicle basis as required in the Permission Agreement conesponding hereto, at the rate reflected in Appendix A. The Event Sponsor must provide sufficient personnel to collect such fees, direct vehicles to assure orderly parking and safe vehicular egress.

(4) Emergency services, fire, ambulance, and law enforcement vehicles may operate in areas beyond roadways and designated parking areas as may be

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reasonable and necessary to meet emergency exigencies, or to conduct patrol activities.

(5) Emergency services, fire, ambulance, and law enforcement vehicles shall not be charged a parking fee.

b. Hours of Operations.

(1) The individual events' hours of operation shall be as provided as detailed in Appendix A.

(2) Members of the general public and all other unauthorized persons must exit the park no later than 12:30 a.m.

c. Park Grounds and Flora.

(1) Cutting, trimming, pruning, removing, or hmming any tree or shrub, whether dead or alive, is strictly prohibited. The County shall have the right to impose a $1,000.00 fine on the Event Sponsor for each instance of such prohibited acts.

(2) Attaching any advertising or display banner, sign, or material to any tree, shrub, or structure is strictly prohibited. The County shall have the right to impose a $1,000.00 fine on the Event Sponsor for each instance of such prohibited acts.

(3) Ditching, trenching, excavating, and/or digging is strictly prohibited. The County shall have the right to impose a $1,000.00 fine on the Event Sponsor for each instance of such prohibited acts.

(4) The Event Sponsor shall contact and consult with Miss Dig prior to placing spikes, stakes, poles, or similar earth anchoring devices into and/or below ground level. In the event the Event Sponsor fails to do so and damage to sub-surface gas, water, electrical, drainage, sewer, or vent lines sustain damage, the Event Sponsor shall be solely liable for all labor and materials employed in the repair, as well as all related property damage suffered by others as a result of such damage.

d. Noise and Sound Projection.

(1) Perfotmance Stages. Operation or employment of any radio, television, sound amplification system, or public address system, siren, or sound generating device in a manner which produces sound levels in excess of 90 decibels at the Park perimeter is strictly prohibited. Such limitation is subject to one exception which shall apply solely and exclusively to live

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musical performances staged in the Freedom Hill Amphitheater which shall not exceed 95 decibels

(2) Recorded Music and Sound Tracks: Operation or employment of any recorded music and/or sound track playback or sound amplification system, including that originating with, in, or on midway amusements and/or rides and carnival midway attractions which produce sound levels in excess of 90 decibels at the Park perimeter is strictly prohibited. Such limitation is subject to one exception which shall apply solely and exclusively to recorded music and/or sound track playback either before or in conjunction with live musical performances staged in the Freedom Hill Amphitheater which shall not exceed 95 decibels. Such sound generating systems shall not be operated in any manner after the close of the daily festival operations as detailed in Appendix A or the 2016 and/or 2017 Events Addendum(s) appended to the Freedom Hill County Park Use License co1Tesponding hereto.

(3) It shall be the sole obligation and responsibility of the Event Sponsor to secure all necessary permission, consent, and/or licenses from Hillside Productions or its successor(s) in interest for the use of the Amphitheater and/or its facilities and fixtures for the purpose of presenting entertainment performances of any kind, including but not limited to live amplified musical acts, and nothing in the Freedom Hill County Park Use License conesponding hereto, or its Appendices, shall be construed as a grant of permission, consent, and/or license for the use of the Amphitheater and/or its facilities and fixtures.

(4) Enforcement and Monitoring. It shall be the exclusive responsibility of the Event Sponsor to monitor music, noise, and sound decibel levels, and to enforce the limitations placed thereon as provided in sub-paragraphs 2 d.(1) and 2 d.(2) immediately above.

(5) Sanction for Violation. The County reserves the right to impose a $1,000.00 fine on the Event Sponsor for each instance of such prohibited acts.

e. Electrical Service. Electrical power is available from multiple outlet electrical sources with six 20 amp, 120 volt outlets, and one 30 amp, 208 volt outlet (requiring a Hubbell Twist Lock 30 amp, 250 volt plug, stock #2621-male), with a maximum capacity of 50 amps. The Event Sponsor is responsible for assuring that such electrical service is sufficient to meet vendor, entertainment, lighting, display, and demonstration demands.

f. Gaming. With the exception of State of Michigan licensed and authorized state lottery sales, no gambling, games of chance, or gaming activities will be

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allowed or conducted on Park premises. In the event the Event Sponsor permits, acquiesces to, or otherwise allows any manner of unauthorized gambling or gaming activities, the County shall have the right to close the event and declare the Permission Agreement void.

g. Vendors, Ente1iainers, Commercial Adve1iisers.

(1) No later than 7 days pre-event, the Event Sponsor shall provide to the County a list of all vendors who will be present at the event. The list shall include:

a. The vendor's name;

b. The name, address, and telephone number of the responsible owner, operator, point of contact, or authority figure;

c. Whether the vendor is a non-profit, tax-exempt, or commercial enterprise. If tax-exempt, the vendor's tax-exempt number must be given;

d. A description ofthe goods and/or services offered for sale;

e. The vendor's booth number and location; and

f. An affirmative acknowledgement by the Event Sponsor that each vendor was provided a copy of these Grounds Rules and Requirements.

(2) No later than 7 days pre-event, the Event Sponsor shall submit to the County a list of all entertainers documenting all scheduled perfmmances, and documenting that the Event Sponsor provided each entertainer a copy of the Grounds Rules and Requirements.

(3) No later than 7 days pre-event, the Event Sponsor shall submit to the County a list of all commercial adve1iisers patiicipating or otherwise displaying advertisements of any manner within, on, or around the Park during the festival.

( 4) Vendors, demonstrators, exhibitors, and entertainers, shall fumish the proper cords and connectors required for access to the Park's electrical power outlets. All electrical cables and cords shall confmm to the National Electrical Code. All electric cables and cords shall be sized properly and shall connect to the Park's electrical power outlets by plugs only.

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(5) Direct-wired or hard-wired connections whether inside or outside outlets and/or cabinets are strictly prohibited. In the event the Event Sponsor permits, acquiesces to, or otherwise allows any manner of unauthorized direct-wired or hard-wired electrical connections, the County shall have the right to close the event and declare the License Agreement void.

(6) Electrical service cabinets, service panels, and breaker or fuse boxes shall be and shall remain closed and locked at all times during the event.

(7) The Event Sponsor, vendors, demonstrators, exhibitors, and entertainers shall fumish the materials, including plastic waste collection and disposal bags, containers, barrels, tools, clean-up supplies, and materials reasonably necessary to conduct their activities and return the Park Grounds to their pre-event condition at the conclusion of the event. To the extent they are available at the Park, the Event Sponsor may have use of County containers and banels for the purpose of trash and refuse collection and may position such containers and barrels at locations as the Event Sponsor deems appropriate.

(8) Vendors, demonstrators, exhibitors, or entertainers selling or otherwise providing hot food or food items cooked, warmed, or heated on the Park Grounds shall provide and maintain for their own emergency use an approved 10 pound AlBIC extinguisher.

(9) Vendors, demonstrators, exhibitors, or entertainers connecting to the Park's electrical supply system who hold or otherwise maintain flammable materials shall provide and maintain for their own emergency use an approved 10 pound AlBIC rated extinguisher.

(10) Vendors, demonstrators, exhibitors, and entetiainers shall pick up trash and litter from and around their booth or area of operation.

(11) Vendors, demonstrators, exhibitors, and entetiainers shall clean their booth or area of operation at the conclusion of each day's operation.

(12) Vendors, demonstrators, exhibitors, and entertainers, shall dispose oftheir refuse, cations, boxes, packing materials and other waste materials at the designated site.

(13) Vendors, demonstrators, exhibitors, and entetiainers shall lock or clear their booths when not attended.

(14) Vendors, demonstrators, exhibitors, and entertainers, shall be responsible for providing the labor force necessary to set-up, operate or perform their event function, take-down, and clean-up their designated use areas.

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(15) All booths, decorations, advertising materials, non-County lighting and sound amplification systems, electrical cords and cables, and vendor, demonstrator, exhibitor, and entertainer property, supplies, and materials must be removed from the Park Grounds no later than 24 hours after the final day of Take-Down and Removal as provided in the events schedule detailed in Appendix A appended to the 2014 Freedom Hill County Park Use License. The County reserves the right to remove any such items remaining 48 hours after the final day of Take-Down and Removal as provided in the events schedule detailed in Appendix A appended to the 2014 Freedom Hill County Park Use License, and to charge for personnel time required to effect such removal.

(16) Vendors, demonstrators, exhibitors, and enteliainers, shall comply with all applicable federal, state, county, and municipal laws and regulations, with particular attention called to the Macomb County Health Department's health permit requirements, the City of Sterling Heights' sales or vendor permit requirements, and the Michigan Department of Health's regulations detailed in Public Act 368 of 1978.

(17) Rules imposed by the Event Sponsor upon vendors, demonstrators, exhibitors, entertainers, guests, or visitors shall be provided to the County no less than 30 days prior to the commencement of the event. The County reserves the right to disapprove and prohibit any such mle deemed in the County's sole discretion to be detrimental to the social, cultural, or recreational well being, or which would pose a risk to the safety, security, or peace and good order of Macomb County or its residents and visitors.

h. Safety Inspection and Ce1iification.

(1) All equipment, machinery, electrical and mechanical apparatus, and activities shall be subject to safety inspection by proper authorities, and compliance with such authorities' oral and/or written directives shall be required.

(2) In the event the Event Sponsor pmmits, acquiesces to, or otherwise allows non-compliance with the oral or written safety directive, the County shall have the right terminate and close the offending activity, and/or to close the event in whole and declare the License Agreement void.

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1. Beverage Sales.

(1) Canned or bottled beverages shall not leave the immediate confines of vendor, demonstrator, exhibitor, and entertainment booths. The Event Sponsor or the vendor selling canned or bottled beverages must provide can and bottle collection receptacles with sufficient liners to accommodate 100% ofthe vendor's beverage sales during the course of the event.

(2) Liquor, wine, and/or beer originating with point-of-sale sources outside the Park Grounds shall not be brought into the Park or onto the Park Grounds by visitors, guests, and/or members of the public.

(3) Liquor, wine, and/or beer sales shall be allowed as provided by local and state law, permits, and licensing rules and regulations, and only in a manner reasonably calculated to bar those less than twenty-one (21) years of age from accessing such beverages.

(4) Food and beverage sales shall be allowed within the Park Pavilion; the Event Sponsor shall, however, power wash the Park Pavilion's concrete floor no later than the final day provided above for equipment removal.

j. Waste Collection and Disposal.

(1) All waste water shall be disposed of in the sanitary sewers provided.

(2) Grease, oils, distillates, petroleum based products, food waste and its byproducts, chemicals and chemical compounds, volatile, flammable, and/or volatile liquids or solids, and/or acids and acid based products shall not be disposed of through the sanitary sewer system, and shall not be dumped on or under the ground.

(3) Open ground fires are strictly prohibited.

( 4) Coals and ashes resulting from food service vendor operation shall be stored and disposed of in fire and flame proof containers to be provided by the Event Sponsor or the food service vendor.

(5) The Event Sponsor shall provide, at its sole cost and expense, a thirty (30) yard container for the collection and disposal of general trash and garbage. The items and materials identified in Paragraphs (2) and (4) shall not under any circumstances be stored or disposed of in the general trash and garbage container. The container must be removed from the Park Grounds no later than the end of the allotted clean-up time allowed here and/or in

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the Permission Agreement peliaining hereto. The cost of removal and the disposal of its contents will be paid solely by the Event Sponsor.

k. Damage to Property. The County shall not be responsible for breakage to or loss of Event Sponsor, vendor, demonstrator, exhibitor, and entertainer owned property, vehicles, machinery, or equipment.

1. Insurance. The Event Sponsor shall provide proof of insurance as required in the 2014 Freedom Hill County Park Use Agreement corresponding hereto.

m. Animals.

(1) With the exception of law enforcement working dogs, special needs and visually impaired guide dogs and animals integral to ente1iainment or demonstration activities, pets and animals are prohibited from entering the event or the Park Grounds.

(2) All authorized animals must be restrained on a leash no more than six feet in length, and shall be attended to at all times by the animal's owner or immediate caretaker.

(3) The Event Sponsor must inspect the Park Grounds once each hour for the purpose of picking up and disposing of all animal waste which must be disposed of in clearly marked receptacles provided for that purpose by the Event Sponsor.

(4) Animal waste receptacles shall not be located within one hundred (100) yards of any food or beverage vendor, picnic table, or the Pavilion.

(5) Animal waste receptacles must be emptied at the end of each day during which the event is conducted, and such disposal shall be in accordance with local and state health laws and regulations.

n. Prohibited Wheeled Conveyances. Skate boards, skates, bicycles, tricycles, mopeds, scooters, and similar recreational wheeled conveyances are prohibited from entering the Park. Nothing in this provision shall be construed as prohibiting or otherwise restricting access by those guests dependent upon wheelchairs, electric personal mobility devices, or similar medical or special needs related wheeled conveyances, or law enforcement bicycles, ATV, or utility cali type vehicles.

p. Physical Security.

(1) The Event Sponsor shall retain the services of a security services provider for the purpose of maintaining order during both all hours of the event's

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operations, and all other over-night hours during which the Event Sponsor maintains active control over the Park Grounds. Such security services provider shall be licensed and bonded in accordance with state and local law.

(2) Notwithstanding the Event Sponsor's retention of private security services, the County shall, at the Event Sponsor's cost, provide through the Macomb County Sheriffs Office, sworn unifmmed deputies who will provide security at the site during the operating hours of the events. The number of such personnel provided to maintain security on each day of each event shall be deteimined solely at the discretion of the Macomb County Sheriff, and such deputies shall take all actions deemed reasonable and necessary for the preservation of the safety, order, and good discipline of all Park visitors attending the event. The Event Sponsor shall pay to the Sheriffs Office the actual cost of such personnel as determined by the hour and wage scales applicable under cu11'ent collective bargaining agreements.

(3) Such Sheriffs Office personnel shall not be charged a parking fee for their marked Macomb County Sheriff patrol vehicle(s).

(4) Payment for such Sheriffs Office personnel shall be made no later than sixty (60) days after the conclusion of the final festival event of each year, 2015, 2016, and 2017.

(5) The Event Sponsor will provide a copy of the contract or written agreement for such commercial security services, and a roster of all persons who will be on the Park Grounds providing security services, to the Sheriffs Office no later than 7 days prior to the first day of set up and site preparation as allowed under the schedule of events reflected in the 2014 Freedom Hill County Park Use License Agreement conesponding hereto.

q. Midway Attractions and Ente1iainment.

(1)

(2)

Midway, carnival, and/or amusement rides shall be segregated in an access controlled area enclosed in a manner so as to prevent injury to visitors, guests, and members of the public who may otherwise come into contact with machinery, motor drive systems, and/or moving mechanical components.

All authorized amusement ride operators shall furnish to the Event Sponsor proof of a current amusement operator license and annual safety inspection and cetiifications as required by the Michigan Department of Labor and/or the City of Sterling Heights.

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r. Post Event Accounting. The Event Sponsor shall submit to the County a postevent accounting statement concerning only parking fees collected as required under the tetms of the Park Use License Agreement corresponding hereto.

s. Fireworks. A professional grade and/or commercial fireworks display shall be permitted. The Event Sponsor, however, shall first provide to the County, no less than 7 days prior to the first day of set-up and site preparation as allowed under the schedule of events as provided in the Freedom Hill County Park Use License Agreement conesponding hereto, the following:

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

All required state and local permits authorizing the fireworks display;

Proof of fireworks liability insurance coverage in the amount of one million dollars ($1,000,000.00) listing Macomb County as an additional insured;

The fully executed contract between the fireworks provider and the Event Sponsor; and

A detailed action plan reflecting date and time of the display, the proposed fireworks to be employed, identified by common industry name and weight, and the number of each, the ignition altitude, the ignition area, and the launch site.

The Event Sponsor shall assure and warrant that the fireworks provider is properly licensed, insured, and has been actively engaged in the fireworks industry for no less than three contiguous years without incident resulting in injury, property damage, or civil litigation;

The launch site shall be segregated and secured by appropriate barriers to prevent public access, and shall be located at such distance from the event's public access and vehicle parking areas and the Parks' buildings, structures, fixtures, and Amphitheater so to prevent injury or prope1ty damage in the event of accidental ground ignition, explosion, fire, or short-distance or low altitude launch errors;

In the event the Event Sponsor pe1mits, acquiesces to, or otherwise allows any manner of unauthorized fireworks displays, or fireworks displays which fail to conform to the express conditions of this paragraph, the County shall have the right to close the event and declare the Permission Agreement void.

Pyrotechnic displays or presentations by any vendor, ente1tainer, or commercial advertiser are prohibited.

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Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill

t. Sanitation. The Event Sponsor shall keep the Park Grounds clean and in a sanitary condition. All refuse and waste materials shall be collected and stored in the barrels or thirty (30) yard dumpster to be provided for that purpose by the Event Sponsor.

[Appendix B Nothing Follows]

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From: Pamela J. Lavers, Assistant County Executivefl--

Date: June 4, 2015


RE: Agenda Item- Department of Roads, Award of Bid & Contract-Luchtman Road

Attached you will find documentation and a resolution from Department of Roads Director, Robert Hoepfner, to approve the award of bid and contract to pave Luchtman Road from 25 Mile to 26 Mile Road to JSS-Macomb, LLC in the amount of $1,554,000.

Luchtman Road paving contributes to the ease and convenience of the County transportation system.

The Executive Office respectfully submits this agenda item for the Commission's consideration and recommends approval ofthe JSS-Macomb, LLC contract as stated above.

PJL/smf

cc: Robert Hoepfner

138



Approve the award of bid and contract to pave Luchtman Road from 25 Mile to 26 Mile Road to JSS-Macomb, LLC in the amount of $1,554,000.

Commissioner Fred Miller, Finance Committee


Finance 06/11/2015 Committee Meeting Date

*This item has been waived to Finance by Infrastructure/Economic Development Committee Co-Chairs Carabelli and Mijac.

*

139

DEPARTMENT OF ROADS

tlJ~e~~~

~ 1818 ~ 1 < . .

117 South Groesbeck Highway • Mount Clemens, Michigan 48043 Phone: (586) 463-8671

~C: ... aGP"~ Mark A. Hackel County Executive

06/04/2015

Date




www. MacombCountyM i. gov/roads

Department of Roads


Robert P. Hoepfner, P.E. Director of Roads

AWARD OF BID & CONTRACT- LUCHTMAN ROAD

SUBJECT:

Award of Bid for the paving of Luchtman Road from 25 to 26 Mile Road to JSS-Macomb, LLC in the amount of $1,554,000, and Contract between Dept of Roads and JSS-Macomb, LLC outlining the scope of work and cost for th is project.


the attached contract for approval and signature by Mark Deldin


Required approval and signature on contract in order to proceed with project


Project award is $1,554,000 and project is budgeted in current construction budget.

140


Standard contractor's agreement


A WARD OF BID & CONTRACT- LUCHTMAN ROAD

Department of Roads

After contract is approved and executed, copies will be distributed as required


Luchtman Road paving contributes to the ease and convenience of the County transportation system.


Robert Hoepfner, Director Department of Roads

21 Page

141

~ .. 1 0 ·~ ... . Mar• A. Hac:kel COoNy E- CONTRACT REVIEW ROUTING FORM

Department Leader:

Robert Hoepfner Contract Contact Person:

Sue VanSteelandt


ORIGINATING DEPARTMENT INFORMATION Department:

Roads Contact Phone Number:

(586) 463-0344

Date:

06/04/2015 NOTE: Contracts are returned interoffice mail unless specified below:

1"-Jan Sue VanSteelandt for Pick Up: # 586.463.0344 CONTACT I PROGRAM INFORMATION

Return By Date:

AWARD OF BID & CONTRACT- LUCHTMAN ROAD

GRANT

Q wARD

ISJ=unded 06/08/2015



D Approved

D Approved with

D Rejected

~~~~}~~ij (1)-

6- t.j "'I("' IIsk Management & Safety --~--~----------- ~

A Approved


D Rejected

RETURN TO

RISK & CONTRACTIV/f1/Vf1l:>t:/li7/:::,N


R ETURN TO . JVl ;{. D Rejected ~~~ \~ _

RISK & CONTRACT M ANA ENT AUtiiZedSiinature

Date

Date

ECEIVED > -~

& c.JUN 0 4 2015 - E c "' (1)-EUl

f -.JUt!tf" ,}«~ CI RPORATION COUNSEL Date 0

------------------------------------------~Approved

1'-.soc Review Required


D Rejected

RISK & Co:::~; ~~NAGEMENT ~a:Abzeartfiire 1¥:;

c. E

b'l

(1)

EXECl!riVE OFFICE

JUN 0 4 2015 E

1c ( <.r /rs- '[ RECEIVED ----~~D~at~e--------- ~

142

I -< 0~ · ... ~ . . U.rt; A. Haekel ~yEaecuDve CONTRACT REVIEW ROUTING FORM

ORIGINATING DEPARTMENT INFORMATION Department Leader: Department: Date:

Robert Hoepfner Roads 06/04/2015 Contract Contact Person: Contact Phone Number: NOTE: Contracts are returned interoffice mail unless specified below:

Sue VanSteelandt (586) 463-0344 l"'bau Sue VanSteelandt tor Pick Up: # 586.463.0344

CONTACT I PROGRAM INFORMATION Contract I Program Title: - GRANT

AWARD OF BID & CONTRACT- LUCHTMAN ROAD ~AWARD (County Recipient)

'\. Funded (Program)

Vendor § Yes Disclosure IFAS

Form Attached: '\.. No (N/A)


Original Contract Amount: Amendment Amount: Total Amended Contract Amount: Funding Source • Org Key I Object- (If known):

$ 1,554,000.00 $ $ 1,554,000.00 DOR and Twp share in cost~ Contract Begin Date: Amendment Date: Contract End Date: Targeted Committee Date:

07/03/2015 09/30/2015 06/11/2015 ~ tract: If Renewal or Amendment, what terms have changed (if any) : Amendment Number:

~New Renewal

""" Amendment Contract Bid:

IS] Yes

0 No Bid Number:

1263

If not bid out, please explain :

How many bidders responded?

8


Lowest Bid: If not lowest bid, please explain:

IS] Yes

0 No Winning bidder Macomb County Entity:

fS:I Yes JSS-Macomb Shelby Twp D No - Explain: '

Contract with JSS-Macomb outlining scope of project and cost to pave Luchtman Road from 25 to 26 Mile Road.




D 1. AWARDING A CONTRACT OF $35,000 OR MORE FOR SERVICES, SUPPLIES, MATERIALS, EQUIPMENT OR REAL ESTATE.

lSI 2. AWARDING A CONTRACT OF $100,000 OR MORE FOR CONSTRUCTION.

D D D D D





7 . INTERGOVERNMENTAL A GREEMENTS AS DEFINED BY CHARTER SECTION 3.1.

143

Bid Comparison

Contract ID: 1263

Description: HMA Paving with ditching and storm sewer

location: Luchtman 25 Mile - 26 Mile

Projects(s): 1263

Rank Bidder Total Bid

0 ENGINEER'S ESTIMATE $1,526,373.02

(_07638) JSS-Macomb, LLC $1,554,000.00

---------------- ---- --~----·----·-··-

2 (02920) Pamar Enterprises, Inc.

3 (08208) Pro-Line Asphalt Paving Corp.

4 (00588) Ajax Paving Industries, Inc.

5 (05184) Cadillac Asphalt, L.L.C.

6 (_05029) FDM Contracting, Inc

7 (00891) Florence Cement Company

8 (07306) Pavex Corporation

Contract# 1263 (Luchtman 25 Mile- 26 Mile) MERL: 5.3.1

$1,562,884.01

$1,593,085.11

---------- .

$1,623,786.78

$1,633,046.47

$1,983,991.60

$2,048,050.75

$2,329,371.26

%Over low %Over Est.

-1.77% 0.00%

-·--·-~----------·

0.00% 1.80% --·---··----

0.57% 2.39% -------·-··----··--··-

2.51% 4.37%

------------·-

4.49% 6.38%

--·----

5.08% 6.98%

27.66% 29.98%

31.79% 34.17%

49.89% 52.60%

Page 1 of 16

04/28/201512:38:15 PM

144

CONTRACT LUCHTMAN ROAD FROM 25 MILE TO 26 MILE ROAD WO #1263

THIS AGREEMENT, made this _ _ day of _____ _, 20 __ , by and

between the MACO:MB COUNTY DEPARTMENT OF ROADS, State of Michigan, Party of

the first part, and JSS-Macomb, LLC, 51863 Schoenherr, Suite 202, Shelby Two, MI

48315 party of the second part.

' WI1NESSE1H, That the party of the second part, for, and in consideration of the

payment or payments hereinafter specified, hereby agrees to furnish and deliver all the

materials and do and perform all the work and labor required in the improvement of

PROJECT DESCRIPTION:

This project includes the HMA paving of 1.3 miles of existing gravel road\\fay. Work inCludes pavement removal , station grading, storm sewer, aggregate base, HMA paving, subdivision drive construction, ~md restoration work. The project also includes. adding widening lanes along 26 Mile Road at Luchtman. · · · · ·

FURTHER, That said party of the second part agrees to start work within ten (10) days after

recei"f_g n?tice to do so from said party of the fust part and to complete the work on or before

1;3/ls-:

IN CONSIDERATION WHEREOF, The said parties of the fust part, as such,

Macomb County Department of Roads, and in pursuance of the statute in such case made and

provided, hereby agree to pay to said party of the second part for all work done, the following

attached unit prices:

145

CERTIFICATE OF INSURANCE FOR CONSTRUCTION AND RECONSTRUCTION PROJECTS NOTE: INSURANCE COMPANY MUST BE LICENSED IN THE STATE OF MICHIGAN

The subscribing insurance company certifies to the Macomb County Department of Roads that insurance of the kinds and types and for limits of liability covering the work herein designated, has been procured by and furnished on behalf of the insured contractor named in item one (1).

TYPE

A.

B.

c.

D.

E.

I. NAME OF INSURED: ADDRESS OF INSURED:

2. LOCATION and DESCRIPTION OF WORK

JSS-Macomb, LLC 51863 Schoenherr, Suite 202 Shelby Twp, MI 48315

Luchtrnan from 25 Mile to 26 Mile

3. Type oflnsurance (indicate policy amount if other than Minimum Limits shown*)

A.

B.

C. D. E.

POLICY

Comprehensive General Liability - including coverage Completed Operations and/or Product Liability, X, C, Comprehensive Auto Liability Insurance including vehicles.

Liability Insurance,

$1,500,000.* $3,000,000* for (C) shall include the following: Macomb County Department of Roads

(Furnish three (3) copies of policy with this certificate)

Coverage A- Compensation Coverage B- Employer's Liability

MI STATUTORY $500,000.* $500.000./$500,00. *l$500,00. *

$2,000,000. * $2,000,000 .•

Named Insured for (C) shall include the following: MACOMJ3 COUNTY DEPARTMENT OF ROADS AND ITS EMPLOYEES, ELECTED AND APPOINTED OFFICIALS, AND ALL CITIES, TOWNSHIPS IN MACOMJ3 COUNTY. SUCH COVERAGE SHALL BE PRIMARY.

Certificate holder is scheduled as additional insured with regards to GL coverages.

The coverage herein certified is written in accordance with the company's regular policies and endorsement, subject to the company's applicable manual of rules and rates, except:

(A) The insurance shall not be subject to the usual "X" - explosion, "C" - collapse, or "U" underground properjy damage exclusions.

(B) In the event of cancellation or reduction in coverage by the Insurance Company, 30 days prior written notice shall be given the Macomb County Department ofRoads.

(C) The Subscribing Company and the insured contractor agrees to give 30 day prior written notice to the Macomb County Department of Roads in the event the contractor cancels or reduces the coverage of any insurance certified above.

NAME OF COMPANY

DATE: ____________________________ __ BY: __________________________ ___

Authorized Representative

146

\

To the Macomb County Department of Roads 117 S. Groesbeck Mount Clemens, Michigan 48043

Gentlemen:

The undersigned has examined the plans, specifications and the locations of the work described herein and Is fully informed as to the nature of the work and the conditions relating to its performance, and understands that the quantities shown are approximate only, and are subject to either Increase or decrease.

The undersigned hereby proposed to furnish all necessary machinery, tools, apparatus and other means of construction; do all the work; furnish all the materials except as otherwise specified herein; and, for the unit prices or lump sums named In the Itemized bid, to complete the work herein described in strict accordance with the plans therefore and in strict conformity with. the· requirements of the Michigan Department of Transportation. and such other special provisions and supplemental specifications as may be a part of this proposal.

The undersigned further proposes to do such extra work as may be authorized by the Engineer prices for which are not included in the Itemized bid. Compensations shall be made on the basis agreed upon before such extra work is begun. The undersigned encloses a Bid Bond, Certified or Cashier's Check or Bank Money Order, or Certificate of Deposit on an open, solvent bank, in the amount of not less than 5% of the total bid, payable to the Macomb County Department of Roads as a guarantee of good faith. If the undersigned is the successful bidder and fails to enter into a contract or to furnish satisfactory bonds ·to the ,Macomb County Department of Roads within '1 ij. days after being furnished with the 'necessary contract and bid forms, said Bid Deposit shall be forfeited to the Macomb County Department of Roads as liquidated damages. It Is understood that the Bid Deposit of the lowest bidder will not be returned until the contract has been executed and that the proposal guarantees of all except the lowest bidder will be returned promptly.

. SIGNEnGc..3--h==-= BY: JSS - Macomb, LLC P~oov•~~<- .,J'o ... ~ oll...Jo.J..-...•

ADDRESS: 51863 schoen:tie'rr, Suite 202

Shelby Twp., Michigan 48315

TELEPHONE; Office: 586-254-7185

Fax:586-997-0692 Email: patrick®jss-macornb, LLC

3

147

.-S.chedule of Items (Itemized Bid Sheet)

Letting Date: Tuesday, April 28, 201511:00 AM

Contract 10: Location: Description:

Project Number: Estimate Number: Project Type: Location:

Description:

Instructions to Bidders:

1263 Luchtman 25 Mile- 26 Mile HMA Paving with ditching and storm sewer

1263 1 Miscellaneous Luchtman 25 Mile - 26 Mile

HMA Paving with ditching and storm sewer

IMPORTANT NOTICE:

Project Engineer: Date Created: Fed/State#: Fed Item: Control Section:

JGA 3/6/2015

If the P.roposal establishes a maximum price for any of the following VJorldtems, and If you bid a price higher . than thal.[llaJ<lm~m.prlce, your bid will be considered to have qu.cited·th~.l1\.a)drn.~m prlce·and .. your bid total will be adjlleyted lo f!'Oecfthat maximum price. . .:·.. :·

.If the proposill provides a specified price for any of the following work Items, and If you bid a price higher or lower than that specified price, your bid will be adjusted to reflect that spec/fled price. If your b/dls t~e lowest accepted bid, and If you refuse to accept the award of the contract due to the change In what you q~oted as a maximum or specified price, you will forfeit yoUr proposal guaranty .

.....

Contract# 1263 (Luchtman 25 Mile • 26 Mile) MERL:5,2.6

Page 1 of5

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12

_____________ __:___ ______________ ~

148

Pay Item Description ..

0001 1500001 Moblllzat!on, Max.~

0002 2010001 Clearing

0003 2020004 T rae, Rem, 6lnoh to 18lnch

0004 2027002 _ staUon Grading

0005 2030001 Culv, Rem, Less than 24lnch

0006 2030005 Culv, End, Rem, Less then 24 Inch

0007 2030011 Dr Structure, Rem

0008 2030015 Sewer, Rem, Less lhan:24lnch

0009 2040035 Guardrail, Rem

0010 2040045 Masonry and Con~. ~tJilctu~e, Rem ..

0011 2047011 _ Pavt, Rem, SpeCial

0012 2050031 Non Haz Conlam!naled Material Handling and Disposal, LM

0013 2050041 subgrade Unde.niutlingiType:n

0014 2080024 Erosion Conllol, lnletProlecUon, SB1llmenl Trap •'' ..

0015 2080036 Erosion Conlrol, Sill Fence

0016 2090001 Projecl Cleanup

0017 3020001 Aggregate Bas~ · ·

0018 3027011 _Send Subbase, 12 Inch, CiP

0019 3037011 _ Slabillzallon Gaotextile, special

0020 3070128 Shoulder, Clll, 6lnch

0021 4010047 Culv End Seot, C~no, j2 inch ..

0022 4010049 Culv End S~ct, Conc,181nch

Contract# 1263 (Lucblman 25 Mile- 26 Mile) MERL:5.2.6

Quantity Units

1 LS

1 Acre

3 Ea

53 Sla

32 Ea

64 Ea

1 Ea

505 Ft

685 Ft

50 Cyd

2,127 Syd

250 Cyd

1,333 Cyd

7 Ea

2,000 Fl

1 LS

4,388 Ton

6,000 Syd

3,000 Syd

5,231 Syd

3 Ea

2 Ea

•'

Unit P.rloe Bid Amount

Dollars I Cts Doll81& Cis

LUMP 145000 00

6500 00

255 00

4531 00

158 00

69 50

437 00

'23. 00 .. '· ..

2 50

'' .65 00

0 80

18 00 ..... ..

9' 55

197 00

3 10

LUMP

::10 50

5 40

0 55

.10 50

487 .oo

593 00 .. . .

6500 00

765 00

240143 00

5056 00

4448 00

437 00

11615 00 , .

1712 50

3250 00

1701 60

450( 00

12730 15

1379 00

6200 00

6323 00

46074 00

32400 00

1650 00

54925 50

,1461 00

1186 00

Page 2 of5

212312015 8:23:58 AM

149

Pay !tam De&crlpllon

0023 4010094 Culv End Secl, Metal,:121nch

0024 4010575 Culv, Cl E, Cone, 181nch

0025 4010675 Culv, Cl F, CSP, 121nch

0026 4020033 Sewer, CIA, 12lnch, Tr Del B

0027 4020040 Sewer, Cl A, 4Binch, Tr Del B

0028 4021204 Sewer Tap, 121nch

0029 4021211 Sewer Tap, 481nch

0030 4021230 Sewer Bulkhead, 121nch

0031 4021275 VIdeo Taping ?ew.ar Bl)d Culv Pipe

0032 4027001 _Sewer Special

0033 4030040 Dr Structure Cove~;.T~e G

0034 4030045 Dr Structure cover, Type J

0035 4030200 Dr structure, 241nch dla

0036 4030210 Dr structure, 48 Inch dfa

0037 4030220 Dr Structure, 60 Inch dlli ·.·

0038 4037001 _Dr Structure, Ad], Add Dapth, Modified

0039 4037050 _Dr Structure Cover, ·Ad], Case 2, Modlftad

0040 4037050 _Dr Slructure covar, Type B, Mod~led

0041 4047001 _ Under<!raln, Spbgre<Je, 61nch, Modlfled . .. '

0042 5010002 Cold Milling HMA Surface

0043 5010030 HMA,2C

0044 5010031 HMA, 3C : ,.• ..

Con~ect# 1263 (Luchtmen 25 Mile -·~&ivlileY MERL: 5.2.6 .. · · ·

Quanllty Units

60 Ea

50 Ft

768 Fl

692 Ft

505 Fl

3 Ea

2 Ea

2 Ea

1,197 Ft ..

200 Fl

3 Ea:

4 Ea

1 Ee

4 Ea

3 Ea

5 Ft

5 Ea

1 Ea

1,651 Ft

3,51!3 Syd

4,000 Ton

2,275 Ton

(4

..

Unit Price Bid Amount

Dollars Cis Dollars Ct&

185 00 9250 00

48 00 2400 00

22 50 17730 00

43 50 30102 00

100 00 50500 00

307 00 921 00

1474 00 2948 00

157 00 314 00

2 50 . 2992 50

5 00 1000 00

645 oci 1935 00

1001 00 4004 00

552 00 552 00

1040 00 4160 00

.. 2'763 ·00 8289 00

206 00 1030 00

692 00 3460 00

621 00 621 00

7 95 14715 45 . .

0 95 3403 85

56 00 224000 00

61' 50 139912 50

P•ge3 of5

3/23/2015 8:23:58 AM

150

Pay Item Description

0045 5010032 HMA,4C

0046 5017031 _ HMA Approach, Modified

0047 6020052 Ccnc Pavt, Mise, Nonrelnf, 7lnch

0048 8027001 _curb and Gutter, Cone, Del 82, Modified

0049 8077050 _Mailbox and Pos~ Relocate

0050 8080007 Fence, Protective

0051 8100371 Post Steel, 3lb ,.• .. ..

0052 8100405 Sign, Type IIIB ···.·,

0053 8110091 Pavt Mrkg, Polyur~a,_ 41nch, While

0054 8110092 PavtMrkg, Polyurea, 4·1Qch; Y~Jiow .. 0055 8110094 Pavt Mrkg, Polyurea, Blnch, While

·'. 0056 8110450 Recessing Pavement Markings, Longlt

0057 8120022 Barricade, Type Ill, High Intensity, Lighted, Furn

0058 8120023 Barricade; Type 111; f.llgi) IntensitY, Lighted, Oper ..

0059 8120170 Minor T raf Devices

0060 8120250 PlasUc Drum, High 'JriteMity, Fum

0061 8120251 Plastic orurn, High lnlaMity, Oper

0062 8120330 Sgn, Portable;C~a~~e~ble Message, Furn . ;

0063 8120331 Sign, Portable, Changeable Message, Oper

0064 8120350 Sign, Type B, Temp, Prlsme!lc, Fum

0065 8120351 Sign, Type B, Temp, PrlsmaUc, Oper

0066 8120370 Traffic Regulalo( Q~nlrol

Contract# 1263 (Luchtman 25 Mile- 26 Mile) MERL:5.2.6

Quantity UnHs

2).75 Ton

180 Ton

530 Syd

1,851 Ft

13 Ea

' 1,000 F!

182 Ft

99.5 Sft

1,532 Ft

-2,775 Ft

7,895 Ft

12,202 Ft

15 Ea

' 16 ·~a

1 LS

160 Ea

150 Ea

3 Ea

3 Ea

349 Sfl··

348 Sft

1 LS

l5

Unit Price Bid Amount

Dollars eta Dollars CIS

73 00 166075 50

10~ 00 18, 72C 00

45 00 23850 00

25 00 46275 00

188 00 2444 00

6 30 6300 00

9 95 1810 90

20 00 1990 00

0 55 842 60

.:. ·a .55 1526 25

0 65 5131 75

0 50 6101 00

50 DO 750 00

.o . 01. 0 15

LUMP '.

12 00

0 01

'1900. ' 00

0 01

3 00

0 01

LUM.P ·'·

7649 00

1800 DO

1 50

3000 00

0 03

1047 00

3 49

-=a.

~i.,o:o. (,9,

Page 4 ofS

3/23/2015 8:23:58 AM

------------------~~------

151

Pay Item Description

0067 8127010 _Sign, Type B, Temp, Special Legend

0068 8130010 Rlprap, Plain ..

0069 8160090 Water, Sodding/Seeding

0070 8167011 _Slope Reslorallon, Modtned

0071 8210001 Monument Box

0072 8210010 Monument Prese!VaUon

0073 8217050 _Benchmark Post

0074 8230096 Hydrant, ReJocale::ca.~.o 2

0075 8230250 WaterSeiV, Conffict

0076 8230422 Water Shutoff,. Ad) •. Case 2 •\'

0077 8230432 Gate Box, Ad), Case 2

0078 8237050 _.Hydrant, Ad{

One M ill ion, Five Hundred Fifty

..

JSS - Macomb, LLC Contractor:

(Signature)

Patrick Jones - Owner

Contract# 1263 (Lucl1tmau 25 Miie • 26 Mile) MERL:5.2.S

Quantity Units Unit Price Bid Amount

Dollars Cts Dollars Cts

200 Sft 1400 00 7 00

250 Syd 56 50 14125 00

1,900 Unit 6 00 11400 00

34,778 Syd 1 20 41733 60

3 Ea 125 00 375 00

3 Ea 450 00 1350 00

2 Ea 398 00 796 00

1 Ea .. '6573 ·oo 6573 00

13 Ea 643 00 8359 00

10 Ea 301 .00 3010 00 '·,··

10 Ea 142 00 1420 00

3 · Ea . 780 DO 2340 00

Four Thousand Dollars 00

Total Bid: 1, 554 , ~ .. ·J6:1 ) .. '

' \J ; ...

April ·28; 20l5

(Date)

16

PageS ofS

3/23/2015 8:23:58 AM

152

COUNTY OF MACOMB VENDOR DISCLOSURE FORM

The Macomb County ethics ordinance requires vendors of the County to complete and file a·. disclosure statement, the purpose of which is to disclose any financial relationships or other conflicts of interest that may exist between vendors and employees or elected officials (or their appointees) of the County. Once flied, the disclosure form does not need to be updated unless there is a change in circumstance that would cause the answer to any of the questions to change, at which time an amended disclosure form must be filed. Filing of the disclosure form is considered a condition of payment

Vendor Number (If Known):

Vendor Name: · Vendor Phone Number; JSS - Macomb, LLc 586-254-7185

Street Address: If City: I state: J Zip Code: 51863 Schoenherr,.. Swt 2 0 Shelby Twp. _ MI. 48315

1. Does the vendor currently employ a relative of any employee, elected official or appointee of an elected official of Macomb County? Relative is defined as husband or wife, father or mother, son or daughter, brother or sister, uncle or aunt, first cousin, nephew or niece, great uncle or great aunt, grandfather or grandmother, grandson or granddaughter, father-In-law or mother-in-law, sonin-law or daughter-in-law, brother-in-law or sister-in-law, stepfather or stepmother, stepson or stepdaughter, stepbrother or stepsister, half-brother or half-sister, the parents or grandparents of the individual's fiancee. ·

DYEs []No If yes, please answer the following:

A. Name of County employee or elected official (or appointee):

B. County Posltionffltle:

C. County Department or Agency:

2.. Does any employee: or elected official of Macomb County have an interest In the vendor organization in any capacity, either compensated or non-compensated:

DYES If yes, please answer the following:

0 director

0 member

0 officer

0 employee

[!!No

0 partner

0 contractor


B. County Posltion!Title:


D. Posltion!Title with Vendor:

4

0 trustee

0 beneficiary

153

County of Macomb Vendor Disdosure Form

3. Does any current employee or elected official of Macomb County have legal or beneficial ownership of 10% or more of the outstanding stock of the vendor organization?

DYEs []No If yes, please answer the following:


B. County Positlonrrltle:


D. %of ownership of Vendor Organization:

4. In the last five calendar years, has the vendor failed to perform or otherwise deliver on the terms of a contract or agreement with Macomb County, or any other public entity, Including suspensions or debarments?

DYES ~NO If yes, please provide· further explanation;

I hereby certify that tne information included on this form Is complete, true and accurate to the best of my knowledge and belief. I understand that either myself or the.organlzation to which this form applies may be subject to sanctions and/or penalties as set forth In the ethics ordinance if any information has been falsified or omitted.

Patrick Jones Qwner

Name. (Please Print)

G<=t) ~ Signature

Title

4/28/15 Date

..

PLEASE RETURN THE COMPLETED FORM TO:

Macomb County Finance Department . ATTN: Vendor Dis~losure

· 120 North Main, 2" Floor · Mount Clemens, Ml 48043

5

08/2!i12013 Rov. 2 Page 2

154

MACOMB COUNTY BASED PREFERENCE

A local preference percentage credit from the following allowance table will be applied to the bid of any County-based Enterprise. This credit will be subtracted from the bid of the County-based Enterprise. In comparing bids, ttie bid of the County -based Enterp.rlse after subtraction of the credit shall be considered the official bid. However, if the County-based Enterprise is awarded the Contract, the bl d without the equ aliz:ation percentage credit shall be the Contract price.

Contract A mount

Up to $50,000.00

$50,000.00 to $200,000.00

$200,000.00 and over

Local Preference Percentage

5

3

1. No business shall receive these credits unless it has been certified by the Purchasing Manager.

2. Any business who claims entitlement to any local preference credit shall disclose the records necessary to establish eligibility to the County.

3. After applying any ·local preference credits as provided above, the Contract shall be awarded to th~ lowest Responsible Bidder thus ~valuated.' ' ·

IN ORDER TO DETERMINE IF YOUR 8 USINESS IS ENTITLED TO RECEIVE A LOCAL PREFERENCE PERCENTAGE CREDIT PLEASE ANSWER THE FOLLOWING QUESTIONS:

1. Is your business headquarters physically located within Macomb County, or has It been conducting business at a. location with a permanent street address in the County of Macomb on ar1.ongoing basis for not less than one taxable year prior to your bid or response to t.his Request for Proposal? YES.:_£_ NO

2. Has your business· paid property taxes on real or personal.property within the past year on property which is ordinarily needed to perform the proposed contract?

YES___!_NO 3, Are at least 50 percent of your regular full-time employees based at the County location

to perform the proposed contract? YES~ NO 4. Has your business been dealing for at least one year on a regular com mercia! basis in

the kind of goods or services which are the subject of this biq or proposal? · . YES_x_ .. _NO

Drug Screening

To the extent not prohibited by law, all contracts for construction, repair, alteration, or rebuilding of a County building or other property shall Include a provision requiring the contractor and any subcontractor providing services under the contract to conduct prehire screening for illegal drug use by their employees who provide services under the contract.

If applicable,' is your business compliant with this requirement? YES 2__ No __

6

155

MACOMB COUNTY DEPARTMENT OF ROADS

NOTICE TO BIDDERS

SUBCONTRACT PROVISIONS

The Contractor may sublet any or all of the Specialty Items" designated below, plus 60 percent (60%) of the contract amount remaining after subtracting the value of the "Specialty Items". If any subdivision of a contract item is subcontracted, the entire unit may be considered as subcontracted.

The Contractor shall list the name and address of the proposed subcontractor In the space provided for the particular item of work to be sublet. Approval of any subcontractor wiR not be given unless and until it Is determined by the MCDR that it is qualified to bid on the type and magnitude of work proposed, and shall have executed a subcontract in a form acceptable to the MCDR.

The Contractor shall abide by the provisions set forth herein. Any item of work performed by other than the Contractor or approved subcontractors will be considered as unauthorized and shall not be paid for under the provisions of the contract.

NAME-OF-SUBCONTRACTOR-&-ADDRESS Cadillac )\sphalt

NAME-OF-SUBCONTRACTOR-&-ADDRESS

NOTICE-TO-B.! DOERS:

SPECIALTY-ITEMS

Aspha,lt

OTHER-ITEMS

Signatures must comply with Subsection 102.05 of the curre,nt Standard Specifications to which attention Is particularly directed.

7

156

Said party of the first part further agrees to pay the said party of the second part for

such extra work as may be ordered by the Engineer, prices which are not included in the

above items. The procedure and schedule of payment for extra work shall be as outlined in

the current Michigan Department of Transportation Standard Specifications under "Pavment

For Extra Work".

The work shall be done in accordance with the plans and as outlined in the Bid

Proposal for the project under the direct supervision and to the complete satisfaction of the

Macomb County Department of Roads.

IN WITNESS WHEREOF, the parties hereto have affixed their hands and seals this

__ day of 20 __ .

ATTEST: MACOMB COUNTY:

Mark F. Deldin, Deputy County Executive

IN THE PRESENCE OF: Firm Name

By and Title

Address

Telephone Number

-3-

157

AlA Document A310TM - 2010 Bid Bond

CONTRACTOR: /Vame, legal status and address)

JSS -Macomb, ILC

51863 Schoenherr Road, Suire 202

Shelby Township, MI 48315

OWNER: (Name, legal status and address)

Macomb County Department ofRoads

BOND AMOUNT: Five Percent ofBid (5% ofBid)

SURETY: (Name, legal status and principal place ofbusiness)

United Fire & Casualty Company

118 Second Avenue SE

Cedar Rapids, IA 52407-3909

PROJECT: LuclrtmanRoad-HMAPavio~ of1.3 Miles ofGnrvel Roadway (Name, location or address, and Project number, if any)

This doaJment has important legal consequences. Consultation with

an attorney is encouraged with respect to Its completion or modification.

Any singular reference to Contractor, Surety, Owner or other party shall be a>nsidered

plural where applicable.

The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Band are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (I) enters into a contract with the Owner in accordance with the terms of such bid, and gives such band or bands as may be specified in the bidding or Contract Documents, with a surety admitted in the jnrisdictian of the Project and otherwise acceptable to the Owner, far the faithful performance of such Contract and for the prompt payment aflabar and material fmnished in the prosecution thereof; or (2) pays to the Owner the difference, nat to exceed the amount of this Bond, betweea the amount specified in said bid and such larger amount far which the Owner may in goad faith contract with another party to perf ann the worlc covered by said bid, then this obligation shall be null and void, otherwise to remain in full farce aud effect. The Surety hereby waives any notice of an agreement between the Owner aad Cantractar to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contraetor shall obtain the Surety's consent far an extension beyond sixty (60) days.

If this Band is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Band shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.

When this Bond has been furnished to comply with a statatary or other legal requirement in the location of the Project, any provision in this Band conflicting with said statutory or legal requi=t shall be deemed deleted herefrom and provisions conforming to such statutory or ather legal requirement shall be deemed incatporated herein. When so fmnished, the intent is that this Band shall be construed as a statutory band and not as a cararnan law band.

April SiP1 and scaled this 28 day of

fi2?~ (Witness) Tom Piotrowski

lnlt.AIA. Document AliDTu- 2010. Copyright ®1963, 1970 and 2010 by The American Instib.Jte of Arthited:s. AU ri9hts reserved. WA~NING; This A!e Document rs protected by u.s. Copyright Law and International Treilltles. Unauthorized r-eproductiol) or distribution or this Ale Doc::ument. or <mY portion of It, may result In S!:!¥er~ t:Jvl! and ~:rlmlnal penaltle.!>, and wlll be prosl!.cuted to the m21:ximum extent pos;;;Jble: under the law. Purchasers are permitted to reproduce ten (10) copies of thLs document when completed. To report copyright \liolat:ions of AlA Contract Dorument:s, e-mail The American Institute of Archlte:ts' legal counsel, [email protected]. 001110

158

159

To:

From:



Pamela J. Lavers, Assistant County Executive f;{-Date: June 4, 2015

Mark F. Deldin Deputy County E;xecutive

RE: Agenda Item - Department of Roads, MOOT Contract - East Archer Bridge

Attached you will find documentation and a resolution from Department of Roads Director, Robert Hoepfner, to approve the MDOT contract outlining cost and scope of work for the replacement of the East Archer Bridge in Harrison Township.

The East Archer Bridge is in need of replacement and has been approved for critical bridge funding.

The Executive Office respectfully submits this agenda item for the Commission's consideration and recommends approval of the MDOT contract for the East Archer Bridge as stated above.

PJL/smf

cc: Robert Hoepfner

160



Approve the MOOT Contract outlining cost and scope of work for the replacement of the East Archer Bridge in Harrison Township.





*

161

DEPARTMENT OF ROADS

tlJ~s ~~<,

~ 1111 ~ ~ < . . ~~liaGP-~


117 South Groesbeck Highway • Mount Clemens, Michigan 48043 Phone: (586) 463-8671

www.MacombCountyMi.gov/roads

06/04/2015 Date


County of Macomb

One South Main, gth Floor


Department of Roads


Robert P. Hoepfner, P.E. Director of Roads

MOOT CONTRACT- EAST ARCHER BRIDGE

SUBJECT:

Contract between Dept of Roads and MOOT outlining the scope of work and cost for the replacement of the East Archer Drive bridge in Harrison Township.






Project cost estimated at $650,000 with local bridge funding covering approximately $504,000, and the remaining balance to be shared 50/50 between Department of Roads and Harrison Township.

162


Standard MOOT contract - cannot be modified


MDOT CONTRACT- EAST ARCHER BRIDGE

Department of Roads

After contract is approved and executed, they will be returned to MOOT for final approval and signature

IMPACT ON CURRENT SERVICES {PROJECTS):

East Archer Bridge is in dire need of replacement and has been approved for critical bridge funding.



21 Page

163




Sue VanSteelandt (586) 463-0344 I''-Jau Sue VanSteelandt tor Pick up: # 586.463.0344 CONTACT I PROGRAM INFORMATION




1. RISK & CONTRACT MANAGEMENT·

D Approved


D Rejected

-~ Approved D Approved with changes

D Rejected

RETURN TO

RISK & CONTRACT MANA

Date

GRANT

D wARD

[Sfunded

Return By Date:

06/08/2015

al RECEIVED >


D Rejected

-~

J J I(/) ~ ~ JUN 0 4 2015

~ ____,!:f'--.J=~='KJtL~o,.......,at~"-e .:......::'1 ........ 2'-""--~ CoRPORATION COUNSEL RETURN TO

RISK & CONTRACT MANAGEfENT

~Approved ~BOC Review Required


D Rejected

RETURN TO .YfaJt.,. ,Qfd~ ~¥5 RISK & CONTRACT MANAGEMENT Authorized Signa/u~

b(lf{l5 Date

i:i EXECUTIVE E

o; OFFICE "C <1> >

JUN 0 4 2015 -~ <1> 0:: 1:

<1>

RECEIVED E t::

"' c. <1> 0

164

0 U.rk A . Hackel eout~ey EdCU!tve CONTRACT REVIEW ROUTING FORM



Sue VanSteelandt (586) 463-0344 l"bau Sue VanSteelandt for Pick Up: # 586.463.0344 IJ~I ... . . 11~1:111~41'11'~··1·

Contract I Program Title: C""" GRANT


" AWARD (County Recipient)

Funded (Program)


v""" § v~ Disclosure IFAS

Form Attached: '- No (N/A)


$ 650,000.00 $ $ 650,000.00 federal funding Contract Begin Date: Amendment Date: Contract End Date: Targeted Committee Date:

07/03/2015 09/30/2015 06/11/2015 f!o<' tract: If Renewal or Amendment, what terms have changed (if any): Amendment Number: ~ New

1-Renewal Amendment


Dves will be bid by MOOT O ves

IS] No IS] No


D Yes IS] No - Explain:


MOOT Contract outlining scope of work and cost for the replacement of the East Archer Bridge in Harrison Township.





IS] 2. AWARDING A CONTRACT OF $100,000 OR MORE FOR CONSTRUCTION.

D D D D D





7. INTERGOVERNMENTAL AGREEMENTS AS DEFINED BY C HARTER SECTION 3.1.

165

(ADVANCE CONSTRUCTION CONTRACT) CAB LOCAL BRIDGE Control Section FEDERAL Job Number

Project Federal Item No. Structure CFDANo.

Contract No.

PART I

BRO 50006 115619A BRO 1550(017) RT 0190 B01 OF 50-06-15 (#6326) 20.205 (Highway Research Planning & Construction) 15-5304

THIS CONTRACT, consisting of PART I and PART II (Standard Agreement Provisions), is made and entered into this date of , by and between the MICHIGAN DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "DEPARTMENT"; and the COUNTY OF MACOMB, MICHIGAN, hereinafter referred to as the "REQUESTING PARTY"; for the purpose of fixing the rights and obligations of the parties in agreeing to the following improvements, in Macomb County, Michigan, hereinafter referred to as the "PROJECT" and estimated in detail on EXHIBIT "I", dated May 18, 2015, attached hereto and made a part hereof:

PART A-FEDERAL AND STATE PARTICIPATION The removal and replacement of the structure B01 of 50-06-15 (#6326), which carries Archer Drive over Channel to Lake St. Clair, Section 15, T2N, R14E, Harrison Township, Macomb County, Michigan; the reconstruction of the approaches to the structure for approximately 13 5 feet southerly and 183 feet northerly of the structure; and all together with necessary related work.

PARTB -NO FEDERAL OR STATE PARTICIPATION Water main and sanitary sewer relocation along Archer Drive for approximately 41 feet southerly and 78 feet northerly of the limits as described in PART A; including concrete pavement patching work; and all together with necessary related work.

WITNESSETH:

WHEREAS, pursuant to Federal and State law, monies have been provided for the performance of certain improvements on public roads; and

WHEREAS, the PROJECT will be performed partially as an advance construction project; and

09/06/90 SCBFED.FOR 5/19/2015 1

166

WHEREAS, the reference "FHWA" in PART I and PART II refers to the United States Department of Transportation, Federal Highway Administration; and

WHEREAS, the PROJECT, or portions of the PROJECT, at the request of the REQUESTING PARTY, are being programmed with the FHWA, for implementation with the use of Federal funds under the following Federal program:

SECTION 144 OF TITLE 23 USC (HIGHWAY BRIDGE REPLACEMENT AND REHABILITATION PROGRAM)

WHEREAS, the PROJECT has been approved for financing in part with funds appropriated to the Local Bridge Fund pursuant to Section 10(5) of Act 51, Public Acts of 1951, as amended, for the state Local Bridge Program; 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 contract.

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 shall undertake and complete the PROJECT in accordance with the terms of this contract.

The part of the PROJECT work that shall be performed as an advance construction PROJECT shall meet applicable Federal requirements set forth on 23 CFR Subpart G; 23 U.S.C. l15.

It is understood that authorization to undertake the performance of the work under this contract as an advance construction PROJECT does not constitute any commitment of DEPARTMENT or Federal Funds for this PROJECT.

Expenditures incurred on the portions of this PROJECT as advance construction will not be subject to reimbursement with Federal Funds until the PROJECT is converted to a regular Federal-aid project as provided under 23 CFR 630.705(2); CFR 630.709.

2. The term "PROJECT COST", as herein used, is hereby defmed as the cost of the physical construction necessary for the completion of the PROJECT, including any other costs incurred by the DEPARTMENT as a result of this contract, except for construction engineering and inspection.

09/06/90 SCBFED.FOR 5/19/15 2

167

No charges will be made by the DEPARTMENT to the PROJECT for any inspection work or construction engineering.

The costs incurred by the REQUESTING PARTY for preliminary engmeenng, construction engineering, construction materials testing, inspection, and right-of-way are excluded from the PROJECT COST as defined by this contract.

3. The DEPARTMENT is authorized by the REQUESTING PARTY to administer on behalf of the REQUESTING PARTY all phases of the project including advertising and awarding the construction contract for the PROJECT. Such administration shall be in accordance with PART II Section II ofthis contract.

Any items of the PROJECT COST incurred by the DEPARTMENT may be charged to the PROJECT.

4. The REQUESTING PARTY, at no cost to the PROJECT or to the DEPARTMENT, shall:

A. Design or cause to be designed the plans for the PROJECT.

B. Appoint a project engineer who shall be in responsible charge of the PROJECT and ensure that the plans and specifications are followed.

C. Perform or cause to be performed the construction engineering, construction materials testing, and inspection services necessary for the completion of the PROJECT.

5. The PROJECT COST shall be met in accordance with the following:

PART A The PART A portion of the PROJECT COST shall be met by state Local Bridge Funds. State Local Bridge Funds shall be applied to the eligible items of the PART A portion of the PROJECT COST at a participation ratio equal to 15 percent. The remaining balance of the PART A portion of the PROJECT COST, after deduction of state Local Bridge Funds, shall be charged to and paid by the REQUESTING PARTY in the manner and at the times hereinafter set forth.

Contingent upon availability of Federal Funds and Federal approval, Federal Highway Bridge Replacement and Rehabilitation Program Funds, in the future, may be applied to the portion of PART A cost incurred as advance construction in an amount such that the Federal Funds equal a participation ratio of 80 percent.

09/06/90 SCBFED.FOR 5/19/15 3

168

PARTB The PART B portion of the PROJECT COST is not eligible for Federal or State participation and shall be charged to and paid 100 percent by the REQUESTING PARTY in the manner and at the times hereinafter set forth.

Any items of PROJECT COST or any advance construction expenditure not reimbursed by Federal Funds or paid by state Local Bridge Funds will be the sole responsibility of the REQUESTING PARTY.

6. No working capital deposit will be required for this PROJECT.

In order to fulfill the obligations assumed by the REQUESTING PARTY under the provisions ofthis contract, the REQUESTING PARTY shall make prompt payments of its share of the PROJECT COST upon receipt of progress billings from the DEPARTMENT as herein provided. All payments will be made within 30 days of receipt of billings from the DEPARTMENT. Billings to the REQUESTING PARTY will be based upon the REQUESTING PARTY'S share of the actual costs incurred less Federal Funds and State Funds earned as the PROJECT progresses.

Failure to make such payments within 30 days of receipt of billings from the DEPARTMENT, the DEPARTMENT is hereby authorized to withhold without further notice an equal amount from the REQUESTING PARTY'S share of any future Act 51 monthly allocations.

In the event of any discrepancies between PART I and PART II of this contract, the provisions of PART I shall prevaiL

7. Upon completion of construction of the PROJECT, the REQUESTING PARTY 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 approaches being constructed as a part of the PROJECT.

8. The performance of the entire PROJECT under this contract, whether Federally funded or not, will be subject to the provisions and requirements of PART II that are applicable to a Federally funded project.

Buy America Requirements (23 CFR 635.410) shall apply to the PROJECT and will be adhered to, as applicable, by the parties hereto.

9. The REQUESTING PARTY certifies that it is a person under the Natural Resources and Environmental Protection Act (NREPA); 1995 PA 71 and is not aware of and has no reason to believe that the property on which the work under this agreement is to be performed is a facility as defined in MCL 324.20101(o). The REQUESTING PARTY certifies that it is not a person liable under Part 201 or Part 213 of the Natural Resource and Environmental Protection

09/06/90 SCBFED.FOR 5/19/15 4

169

Act (NREPA); MCL 324.20101 et seq. and Part 213 ofNREPA; MCL 324.21301a et seq. The REQUESTING PARTY is a local unit of government that has acquired or will be acquiring property for a transportation corridor or public right-of-way and was not responsible for any activities causing a release or threat of release at or on the property. Pursuant to MCL 324.20126, the REQUESTING PARTY is not a person who is liable for response activity or response activity costs as defined by MCL 324.2010l(ee) and (ff).

10. Both the REQUESTING PARTY and the DEPARTMENT certify that the DEPARTMENT is not a person liable under Parts 201 and 213 of the NREPA; that the DEPARTMENT is not an owner or operator of any property within the PROJECT limits; that the DEPARTMENT has not arranged for the disposal ofhazardous substances within the PROJECT limits, nor has the DEPARTMENT transported any hazardous substances to the PROJECT limits; that the DEPARTMENT has not conducted any activities which have resulted in a release or threat of release of hazardous substances at the facility or within the PROJECT limits and that the DEPARTMENT is otherwise not liable for any response activities or response activity costs at the facility.

11. If subsequent to execution of this contract, previously unknown hazardous substances are discovered within the PROJECT limits, which require environmental remediation pursuant to either state or federal law, the REQUESTING PARTY, in addition to reporting that fact to the Department of Environmental Quality, shall immediately notify the DEPARTMENT, both orally and in writing of such discovery. The DEPARTMENT shall consult with the REQUESTING PARTY to determine if it is willing to pay for the cost of remediation and, with the FHWA, to determine the eligibility, for reimbursement, of the remediation costs. The REQUESTING PARTY shall be charged for and shall pay all costs associated with such remediation, including all delay costs of the contractor for the PROJECT, in the event that remediation and delay costs are not deemed eligible by the FHW A. If the REQUESTING PARTY refuses to participate in the cost of remediation, the DEPARTMENT shall terminate the PROJECT. The parties agree that any costs or damages that the DEPARTMENT incurs as a result of such termination shall be considered a PROJECT COST.

09/06/90 SCBFED.FOR 5/19/15 5

170

12. If federal and/or state funds administered by the DEPARTMENT are used to pay the cost of remediating any hazardous substances discovered after the execution of this contract and if there is a reasonable likelihood of recovery, the REQUESTING PARTY, in cooperation with the Department of Environmental Quality and the DEPARTMENT, shall make a diligent effort to recover such costs from all other possible entities. If recovery is made, the DEPARTMENT shall be reimbursed from such recovery for the proportionate share of the amount paid by the FHWA and/or the DEPARTMENT and the DEPARTMENT shall credit such sums to the appropriate funding source.

13. The DEPARTMENT'S sole reason for entering into this contract is to enable the REQUESTING PARTY to obtain and use funds provided by the Federal Highway Administration pursuant to Title 23 of the United States Code and/or State Funds.

Any and all approvals of, reviews of, and recommendations regarding contracts, agreements, permits, plans, specifications, or documents, of any nature, and any inspections of work by the DEPARTMENT pursuant to the terms of this contract are done to assist the REQUESTING PARTY in meeting program guidelines in order to qualify for available funds. Such approvals, reviews, inspections and recommendations by the DEPARTMENT shall not relieve the REQUESTING PARTY and the local agencies, as applicable, of their ultimate control and shall not be construed as a warranty oftheir propriety or that the DEPARTMENT is assuming any liability, control or jurisdiction.

The providing of recommendations or advice by the DEPARTMENT does not relieve the REQUESTING PARTY and the local agencies, as applicable, of their exclusive jurisdiction of the highway or bridge structure(s) and responsibility under MCL 691.1402 et seq., as amended.

When providing approvals, reviews and recommendations under this contract, the DEPARTMENT is performing a governmental function, as that term is defined in MCL 691.1401 et seq., as amended, which is incidental to the completion ofthe PROJECT.

14. The DEPARTMENT, by executing this contract, and rendering services pursuant to this contract, has not and does not assume jurisdiction of the highway or bridge structure(s), described as the PROJECT, for purposes of MCL 691.1402 et seq., as amended. Exclusive jurisdiction of such highway for the purposes of MCL 691.1402 et seq., as amended, rests with the REQUESTING PARTY and other local agencies having respective jurisdiction.

15. The REQUESTING PARTY shall approve all of the plans and specifications to be used on the PROJECT and shall be deemed to have approved all changes to the plans and specifications when put into effect. It is agreed that ultimate responsibility and control over the PROJECT rests with the REQUESTING PARTY and local agencies, as applicable.

09/06/90 SCBFED.FOR 5/19/15 6

171

16. The REQUESTING PARTY agrees that the costs reported to the DEPARTMENT for this contract will represent only those items that are properly chargeable in accordance with this contract. The REQUESTING PARTY also certifies that it has read the contract terms and has made itself aware of the applicable laws, regulations, and terms of this contract that apply to the reporting of costs incurred under the terms of this contract.

17. The parties shall promptly provide comprehensive assistance and cooperation in defending and resolving construction claims brought against the DEPARTMENT by the contractor, vendors or suppliers as a result of the DEPARTMENT'S award of the construction contract for the PROJECT. Costs incurred by the DEPARTMENT in defending or resolving such claims shall be reasonable and necessary and shall be considered PROJECT COSTS.

18. The DEPARTMENT shall require the contractor who is awarded the contract for the construction of the PROJECT to provide insurance in the amounts specified and in accordance with the DEPARTMENT'S current Standard Specifications for Construction, and to:

A. Maintain bodily injury and property damage insurance for the duration of the PROJECT.

B. Provide owner's protective liability insurance naming as insureds the State of Michigan, the Michigan State Transportation Commission, the DEPARTMENT, and its officials, agents and employees, the REQUESTING PARTY and any other county, county road commission, or municipality in whose jurisdiction the PROJECT is located, and their employees, for the duration of the PROJECT and to provide, upon request, copies of certificates of insurance to the insureds. It is understood that the DEPARTMENT does not assume jurisdiction of the highway described as the PROJECT as a result of being named as an insured on the owner's protective liability insurance policy.

C. Comply with the requirements of notice of cancellation and reduction of insurance set forth in the current standard specifications for construction and to provide, upon request, copies of notices and reports prepared to those insured.

09/06/90 SCBFED.FOR 5/19/15 7

172

19. 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 resolution approving said contract and authorizing the signatures thereto of the respective officials of the REQUESTING PARTY, 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.

COUNTY OF MACOMB

By __________________ __

Title:

By __________________ __

Title:

09/06/90 SCBFED.FOR 5/19/15 8

MICHIGAN DEPARTMENT OF TRANSPORTATION

By ____________________ ___ Department Director MDOT

173

CONTRACTED WORK.

Estimated Cost

EXHIBIT I

CONTROL SECTION JOB NUMBER PROJECT STRUCTURE

ESTIMATED COST

BRO 50006 115619A BRO 1550(017) B01 OF 50-06-15 (#6326)

PART A $819,000

PARTB $251,100

TOTAL $1,070,100

COST PARTICIPATION

GRAND TOTAL ESTIMATED COST Less State Local Bridge Funds Balance

Less Federal Highway Bridge Replacement and Rehabilitation Program Funds (Advance Construction) Future*

REQUESTING PARTY'S SHARE (Future)

$819,000 $122,900 $696,100

$655200 $ 40,900

$251,100 $ -0-$251,100

$ -0-$251,100

$1,070,100 $ 122,900 $ 947,200

$ 655,200 $ 292,000

May 18,2015

* Contingent upon availability of Federal Funds and Federal approval, Federal Highway Bridge Replacement and Rehabilitation Program Funds, in the future, may be applied to the portion of PART A cost incurred as advance construction in an amount such that the Federal Funds equal a participation ratio of 80 percent .

. NO DEPOSIT REQUIRED

09/06/90 SCBFED.FOR 5/19/15 9

174



From: Pamela J. Lavers, Assistant County Executive f{-Date: June 4, 2015


RE: Agenda Item- Department of Roads, MOOT Contract- Metro Parkway from Groesbeck to Gratiot

Attached you will find documentation and a resolution from Department of Roads Director, Robert Hoepfner, to approve the MDOT contract outlining cost and scope of work for the reconstruction and widening of Metropolitan Parkway from Groesbeck to Gratiot.

This project continues the widening of Metro Parkway, which will eventually continue to 1-94 entrance.

The Executive Office respectfully submits this agenda item for the Commission's consideration and recommends approval of the MDOT contract for Metro Parkway as stated above.

PJL/smf

cc: Robert Hoepfner

175



Approve the MOOT Contract outlining cost and scope of work for the reconstruction and widening of Metropolitan Parkway from Groesbeck to Gratiot.





*

176

DEPARTMENT OF ROADS 117 South Groesbeck Highway • Mount Clemens, Michigan 48043

Phone: (586) 463-8671 www.MacombCountyMi.gov/roads


Robert P. Hoepfner, P.E.

06/04/2015 Date




SUBJECT:

Department of Roads


MOOT CONTRACT- METRO PARKWAY

Contract between Dept of Roads and MOOT outlining the scope of work and cost for the reconstruction and widening of Metropolitan Parkway from Groesbeck to Gratiot






Director of Roads

Project cost estimated at $7.1 Million with Federal funding covering approximately $4.8 Million of costs.

177


Standard MOOT contract - cannot be modified


MDOTCONTRACT-METROPARKWAY

Department of Roads

After contract is approved and executed, they will be returned to MOOT for final approval and signature


This project continues the widening of Metro Parkway, which will eventually continue to 1-94 entrance.



21 Page

178


Department Leader:

Robert Hoepfner Contract Contact Person:

Sue VanSteelandt

Department:

Roads Contact Phone Number:

(586) 463-0344

Date:

06/04/2015 NOTE: Contracts are returned interoffice mail unless specified below:

l"-pau Sue VanSteelandt tor Pick u p: # 586.463.0344 CONTACT I PROGRAM INFORMATION



GRANT

Q wARD

(Sfunded

Return By Date:

06/08/2015



D Approved


D Rejected

Approved with changes

D Rejected

RETURN TO

~ Approved

~BOG Review Required


D Rejected

R ETURN TO

R ISK & C ONTRACT MANAGEMENT

h~~~~!~~~ _ .L_{_ .. <f.:....._· ""_

1( ____ ! Risk Management & Safety Date

c.. E

"' U5 "0

~ -~ Ql

0::: "E Ql

ECEIVED

EXEClJTIVE OFFICE

JUN 0 4 2015

b /lf (rs- ~ REC -----~-~--- og. EIVED Date

179

~ ~u~ Mark A. Hac:kel COutltyE.ecutlve CONTRACT REVIEW ROUTING FORM



Sue VanSteelandt (586) 463-0344 l"'-bau Sue VanSteelandt for Pick up: # 586.463.0344 CONTACT I PROGRAM INFORMATION





$ 7,329,000.00 $ $ 7,329,000.00 Contract Begin Date: Amendment Date: Contract End Date:


~ New Renewal

i- Amendment

- GRANT

~ AWARD (County Recipient)

'. Funded (Program)

Vendor § Yes Disclosure IFAS

Form Attached: ' No (N/A)

Funding Source - Org Key I Object- (If known):

federal funding Targeted Committee Date:



D Yes IS] No

will be bid by MOOT D Yes IS] No


D Yes IS] No - Explain:


MOOT Contract outlining scope of work and cost for the reconstruction and widening of Metropolitan Parkway from Groesbeck to Gratiot.


1:1 CONTRACT REQUIRES SIGNATURE OF COUNTY EXECUTIVE ONLY. DESIGNEE SIGNATURE WILL NOT BE ACCEPTED.



IS] 2. AWARDING A CONTRACT OF $100,000 OR MORE FOR CONSTRUCTION.

0 D 0 D D


4. A WARDING A CONTRACT THAT EXCEEDS 5 YEARS IN LENGTH.




180

(ADVANCE CONSTRUCTION CONTRACT) STP & NH & TED (C)

CAB Control Section STU 50458

126614A FED Job Number Project Federal Item No. CFDANo.

Contract No.

PART I

STP 1550(016) HK0322 20.205 (Highway Research Planning & Construction) 15-5277

THIS CONTRACT, consisting of PART I and PART II (Standard Agreement Provisions), is made and entered into this date of by and between the MICHIGAN DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "DEP ARTMENT11

; and the COUNTY OF MACOMB, MICHIGAN, hereinafter referred to as the "REQUESTING PARTY"; for the purpose of fixing the rights and obligations of the parties in agreeing to the following improvements, in Macomb County, hereinafter referred to as the "PROJECT" and estimated in detail on EXHIBIT "I", dated May 18, 2015, attached hereto and made a part hereof:

Roadway reconstruction work along Metropolitan Parkway from Groesbeck Highway easterly to Gratiot A venue; including pavement removal, station grading, aggregate base, subgrade undercutting, drainage, hot mix asphalt shoulder, signing, pavement marking and restoration work; and all together with necessary related work.

WITNESSETH:

WHEREAS, pursuant to Federal and State law, monies have been provided for the performance of certain improvements on public roads; and

WHEREAS, the PROJECT will be performed partially as an advance construction project; and

WHEREAS, the PROJECT has been approved for financing in part with funds appropriated to the Transportation Economic Development Fund, hereinafter referred to as "TED FUNDS", pursuant to PA 234 of the Public Acts of 1987, MCL 247.660; and

WHEREAS, it was determined that the PROJECT as described by this contract qualifies for funding pursuant to PA 231, Section 11(3)(c); Public Act of 1987 and categorized as:

C FUNDED PROJECT

03/11/97 ADVCONST.TED 05/19/15 1

181

WHEREAS, the reference "FHWA" in PART I and PART II refers to the United States Department of Transportation, Federal Highway Administration; and

WHEREAS, the PROJECT, or portions of the PROJECT, at the request of the REQUESTING PARTY, are being programmed with the FHWA, for implementation with the use of Federal Funds under the following Federal Program(s) or funding:

and

SURF ACE TRANSPORTATION PROGRAM NATIONAL HIGHWAY SYSTEM

EQUITY BONUS FUNDS

WHEREAS, the Federal Equity Bonus Funds will be used as TED FUNDS Category C;

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 contract.

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 shall undertake and complete the PROJECT in accordance with the terms of this contract.

The part of the PROJECT work that shall be performed as an advance construction PROJECT shall meet applicable Federal requirements set forth on 23 CPR Subpart G; 23 U.S.C. 115 and state requirements governing TED FUNDS.

It is understood that authorization to undertake the performance of the work under this contract as an advance construction PROJECT does not constitute any commitment of DEPARTMENT or Federal Funds for this PROJECT.

Expenditures incurred on the portions of this PROJECT as advance construction will not be subject to reimbursement with Federal Funds until the PROJECT is converted to a regular Federal-aid project as provided under 23 CFR 630.705(2); CPR 630.709.

Request for PROJECT conversion to a regular Federal-Aid project shall be submitted to the DEPARTMENT by the REQUESTING PARTY as early as possible in the fiscal year that the advance construction PROJECT is anticipated to be reimbursed.

03/11/97 ADVCONST.TED 05/19/15 2

182

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.

Costs for construction engineering, construction materials testing, and inspection as may be incurred by the DEPARTMENT and the REQUESTING PARTY, including any other costs incurred by the DEPARTMENT as a result of this contract, will be at PROJECT COST. Costs for construction engineering, construction materials testing, and inspection incurred by the REQUESTING PARTY for the PROJECT shall be limited to the lesser of: (1) 100 percent of the actual costs for construction engineering, construction materials testing, and inspection, or (2) 15 percent of the actual contracted physical construction costs.

The costs incurred by the REQUESTING PARTY for preliminary engineering and right-of-way are excluded from the PROJECT COST as defined by this contract.

3. The DEPARTMENT is authorized by the REQUESTING PARTY to administer on behalf of the REQUESTING PARTY all phases of the PROJECT including advertising and awarding the construction contract for the PROJECT or portions of the PROJECT. Such administration shall be in accordance with PART II, Section II of this contract.

Any items of the PROJECT COST incurred by the DEPARTMENT may be charged to the PROJECT.

4. The REQUESTING PARTY, at PROJECT COST, shall:

A. Appoint a project engineer who shall be in responsible charge of the PROJECT and ensure that the plans and specifications are followed.

B. Perform or cause to be performed the construction engineering, construction materials testing, and inspection services necessary for the completion of the PROJECT.

The REQUESTING PARTY shall submit biweekly pay estimates and construction contract modifications to the DEPARTMENT in a timely manner.

The REQUESTING PARTY will furnish the DEPARTMENT proposed timing sequences for tnmldine signals that, if any, are being made part of the improvement. No timing adjustments shall be made by the REQUESTINGPARTY at any trunkline intersection, without prior issuances by the DEPARTMENT of Standard Traffic Signal Timing Permits.

The method of performing the work will be indicated on the work authorization. The REQUESTING PARTY will comply with PART II, Section IIF, when applicable.

03/11/97 ADVCONST.TED 05/19/15 3

183

5. The PROJECT COST shall be met in part by contributions by the Federal government. The combined Federal Equity Bonus Funds being used as TED FUNDS Category C, Federal Surface Transportation Funds, and Federal National Highway System Funds shall be applied to the eligible items of the PROJECT COST at a combined participation ratio equal to 81.85 percent with the national Highway System Funds limited to $1,429,264. The current available Federal Equity Bonus Funds being used as TED FUNDS Category C are established to be $1,355,041. The current available Federal Surface Transportation Funds for the PROJECT are established to be $2,357,046. There are no current available Federal National Highway System Funds for the PROJECT. The balance of the PROJECT COST, after deduction of Federal Funds, shall be charged to and paid by the REQUESTING PARTY in the manner and at the times hereinafter set forth.

Contingent upon availability of Federal Funds and Federal approval, Federal National Highway System Funds and Federal Surface Transportation Funds, for future fiscal years, may be applied to the cost incurred as advance construction in an amount such that the total Federal Funds does not exceed a participation ratio of 81.85 percent and the total Federal National Highway System Funds does not exceed $1,429,264.

Any items of PROJECT COST or any advance construction expenditure not reimbursed by Federal Funds or TED FUNDS will be the sole responsibility of the REQUESTING PARTY.

6. A working capital deposit by the REQUESTING PARTY will be required for this PROJECT and is estimated to be:

$571,700

In order to fulfill the obligations assumed by the REQUESTING PARTY under the provisions of this contract, the REQUESTING PARTY shall make prompt payments of its share of the PROJECT COST upon receipt of progress billings from the DEPARTMENT as herein provided. All payments will be made within 10 days of receipt of billings from the DEPARTMENT. Billings to the REQUESTING PARTY will be based upon the REQUESTING PARTY'S share of the actual costs incurred less available Federal Funds and/or TED FUNDS as the PROJECT progresses.

Failure to make such payments within 10 days of receipt of billings from the DEPARTMENT, the DEPARTMENT is hereby authorized to withhold without further notice an equal amount from the REQUESTING PARTY'S share of any future Act 51 monthly allocations.

In the event of any discrepancies between PART I and PART II of this contract, the provisions ofPART I shall prevail.

7. Upon completion of construction of the PROJECT, the REQUESTING PARTY 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

03/11/97 ADVCONST.TED 05/19/15 4

184

7. Upon completion of construction of the PROJECT, the REQUESTING PARTY 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.

8. The performance of the entire PROJECT under this contract, whether Federally funded or not, will be subject to the provisions and requirements of PART II that are applicable to a Federally funded project.

Buy America Requirements (23 CFR 635.410) shall apply to the PROJECT and will be adhere to, as applicable, by the parties hereto.

9. The REQUESTING PARTY certifies that it is a person under the Natural Resources and Environmental Protection Act (NREPA); 1995 PA 71 and is not aware of and has no reason to believe that the property on which the work under this agreement is to be performed is a facility as defined in MCL 324.20101(o); MSA 13A.20101(1)(1). The REQUESTING PARTY certifies that it is not a person liable under Part 201 or Part 213 of the Natural Resource and Environmental Protection Act (NREPA); MCL 324.20101 et seq. and Part 213 ofNREPA; MCL 324.21301a et seq. The REQUESTING PARTY is a local unlt of government that has acquired or will be acquiring property for a transportation corridor or public right-of-way and was not responsible for any activities causing a release or threat of release at or on the property. Pursuant to MCL 324.20126, the REQUESTING PARTY is not a person who is liable for response activity or response activity costs as defined by MCL 324.20101(ee) and (ff).

10. Both the REQUESTING PARTY and the DEPARTMENT certify that the DEPARTMENT is not a person liable under Parts 201 and 213 of the NREPA; that the DEPARTMENT is not an owner or operator of any property within the PROJECT limits; that the DEPARTMENT has not arranged for the disposal ofhazardous substances within the PROJECT limits, nor has the DEPARTMENT transported any hazardous substances to the PROJECT limits; that the DEPARTMENT has not conducted any activities which have resulted in a release or threat of release of hazardous substances at the facility or within the PROJECT limits and that the DEPARTMENT is otherwise not liable for any response activities or response activity costs at the facility.

11. If subsequent to execution of this contract, previously unknown hazardous substances are discovered within the PROJECT limits, which require the incurrence of response costs for response activity pursuant to state or federal law, the REQUESTING PARTY, in addition to reporting that fact to the Department of Environmental Quality, shall notify the DEPARTMENT, both orally and in writing within 24 hours of such discovery. The DEPARTMENT shall consult with the REQUESTING PARTY to determine whether the area within the PROJECT limits constitutes a facility and whether the REQUESTING PARTY is required to incur response costs to address the contamination under state or federal law. If the REQUESTING PARTY is liable for response activities or response costs under state or federal laws, the DEPARTMENT will consult with the FHW A to determine the eligibility of such

03/11/97 ADVCONST.TED 05/19/15 5

185

response costs for reimbursement. In the event that the response costs and other incidental costs including, but not limited to delay costs, are deemed not to be eligible for reimbursement by the FHWA, the REQUESTING PARTY shall be charged for and shall pay to the DEPARTMENT all response costs and delay costs of the contractor for the PROJECT. If the REQUESTING PARTY refuses to participate in such costs, the DEPARTMENT shall terminate the PROJECT. The parties agree that any costs or damages that the DEPARTMENT incurs as a result of such termination shall be considered a PROJECT COST.

12. If state funds administered by the DEPARTMENT are used to pay the cost of remediating any hazardous substances discovered after the execution of this contract and if there is a reasonable likelihood of recovery, the REQUESTING PARTY, in cooperation with the Department of Environmental Quality and the DEPARTMENT, shall make a diligent effort to recover such costs from all other possible entities. If recovery is made, the DEPARTMENT shall be reimbursed from such recovery for the proportionate share of the amount paid by the FHWA and/or the DEPARTMENT and the DEPARTMENT shall credit such sums to the appropriate funding source.

13. The DEPARTMENT'S sole reason for entering into this contract is to enable the REQUESTING PARTY to obtain and use Transportation Economic Development Funds.

Any and all approvals of, reviews of, and recommendations regarding contracts, agreements, permits, plans, specifications, or documents, of any nature, or any inspections of work by the DEPARTMENT and its agents pursuant to the terms of this contract are done to assist the REQUESTING PARTY in meeting program guidelines in order to qualify for available funds. Such approvals, reviews, inspections and recommendations by the DEPARTMENT and its agents shall not relieve the REQUESTING PARTY and the local agencies, as applicable, of their ultimate control and shall not be construed as a warranty of their propriety or that the DEPARTMENT and its agents is assuming any liability, control or jurisdiction.

The providing of recommendations or advice by the DEPARTMENT and its agents does not relieve the REQUESTING PARTY and the local agencies, as applicable of their exclusive jurisdiction of the highway and responsibility under MCL 691.1402 et seq., as amended.

When providing approvals, reviews and recommendations under this contract, the DEPARTMENT and its agents is performing a governmental function, as that term is defined in MCL 691.1401et seq., as amended, which is incidental to the completion of the PROJECT.

14. The DEPARTMENT, by executing this contract, and rendering services pursuant to this contract, has not and does not assume jurisdiction of the highway, described as the PROJECT for purposes of MCL 691.1402et seq., as amended. Exclusive jurisdiction of such highway for the purposes of MCL 691.1402 et seq., as amended, rest with the REQUESTING PARTY and other local agencies having respective jurisdiction.

03/11197 ADVCONST.TED 05/19/15 6

186

15. The REQUESTING PARTY shall approve all of the plans and specifications to be used on the PROJECT and shall be deemed to have approved all changes to the plans and specifications when put into effect. It is agreed that ultimate responsibility and control over the PROJECT rests with the REQUESTING PARTY and local agencies, as applicable.

16. The REQUESTING PARTY agrees that the costs reported to the DEPARTMENT for this contract will represent only those items that are properly chargeable in accordance with this contract. The REQUESTING PARTY also certifies that it has read the contract terms and has made itself aware of the applicable laws, regulations, and terms of this contract that apply to the reporting of costs incurred under the terms of this contract.

17. The parties shall promptly provide comprehensive assistance and cooperation in defending and resolving any claims brought against the DEPARTMENT by the contractor, vendors or suppliers as a result of the DEPARTMENT'S award of the construction contract for the PROJECT. Costs incurred by the DEPARTMENT in defending or resolving such claims shall be considered PROJECT COSTS.

18. The REQUESTING PARTY and other local agencies, as applicable parties, understand and agree that the highway(s) or street(s) being improved under the terms of this agreement and funded with Transportation Economic Development Funds, shall not be subject to any restriction by local authorities in using certain commercial vehicles on such highway(s) or street(s). Such restrictions are in conflict with the basic concept of the Transportation Economic Development Program and Funding. The REQUESTING PARTY, by signing this agreement, agrees to obtain concurrence from other local governmental agencies within whose jurisdiction or control the highway(s) or street(s) are being improved.

19. The DEPARTMENT shall require the contractor who is awarded the contract for the construction of the PROJECT to provide insurance in the amounts specified and in accordance with the DEPARTMENT'S current standard specifications for construction, and to:

A. Maintain bodily injury and property damage insurance for the duration of the PROJECT.

B. Provide owner's protective liability insurance naming as insureds the State of Michigan, the Michigan State Transportation Commission, the DEPARTMENT and its officials, agents and employees, the REQUESTING PARTY and any other county, county road commission, or municipality in whose jurisdiction the PROJECT is located, and their employees, for the duration of the PROJECT and to provide, upon request, copies of certificates of insurance to the insureds. It is understood that the DEPARTMENT does not assume jurisdiction ofthe highway described as the PROJECT as a result of being named as an insured on the owners protective liability insurance policy.

03/11197 ADVCONST.TED 05/19115 7

187

20. 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 and upon the adoption of the necessary resolution approving said contract and authorizing the signatures thereto of the respective officials of the REQUESTING PARTY, a certified copy of which resolution 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.

COUNTY OF MACOMB

By __________________ _

Title:

By ________________ __

Title:

03/11/97 ADVCONST.TED 05/19/15 8

MICHIGAN DEPARTMENT OF TRANSPORTATION

By ____________________ _

Department Director MDOT

(2.. () :::.

sf !ell/)-

188

EXHIBIT I

STU 50458 126614A

May 18,2015

CONTROL SECTION JOB NUMBER PROJECT STP 1550(016)

ESTIMATED COST

CONTRACTED WORK

Estimated Cost CONSTRUCTION ENGINEERING, CONSTRUCTION MATERIALS TESTING, & INSPECTION (REQUESTING PARTY)

GRAND TOTAL

COST PARTICIPATION

GRAND TOTAL ESTIMATED COST Less Federal Equity Bonus Funds used as TED FUNDS Category C (Current Fiscal Year) Less Federal Surface Transportation Funds (Current Fiscal Year) Balance

Less Federal National Highway System Funds (Advance Construction) Future Fiscal Year*

Less Federal Surface Transportation Funds (Advance Construction) Future Fiscal Year*

REQUESTING PARTY'S SHARE (Future Fiscal Year)

$6,373,100.00

$ 955,900.00

$7,329,000.00

$7,329,000.00

$1,355,042.58 $2,357,046.00 $3,616,911.42

$1,429,264.00

$ 857.447.42 $1,330,200.00

* Contingent upon availability of Federal Funds and Federal approval, Federal National Highway System Funds and Federal Surface Transportation Funds, for future fiscal years, may be applied to the cost incurred as advance construction in an amount such that the total Federal Funds does not exceed a participation ratio of 81.85 percent and the total Federal National Highway System Funds does not exceed $1,429,264.

DEPOSIT (25% of Advance Construction- $2,286,711.42) $571,700

03/11/97 ADVCONST.TED 05/19/15 9

189



From: Pamela J. Lavers, Assistant County Executive f;{--Date: May 27, 2015

RE: Agenda Item- HRLR, Extension of Part-Time Temporary Employee


Attached you will find documentation and a resolution from Eric Herppich, HRLR Director, to authorize the Human Resources and Labor Relations Department to extend the part-time temporary employment of Cynthia Hudson, Position Control Specialist (retired 2-27-15), previously approved on February 12, 2015, for a period not to exceed an additional 60 hours.

The Position Control Specialist is responsible for the creation, maintenance and administration of all salary and position adjustments in the payroll system for all positions in County Government.

The Executive Office respectfully submits this agenda item for the Commission's consideration and recommends approval to extend the part-time temporary employment as stated above.

PJL/smf

cc: Mark Deldin Eric Herppich

190

··. · .. ·.····.·· .. ···:'·.·1


Authorize the Human Resources and Labor Relations Department to extend the part-time temporary employment of Cynthia Hudson, Position Control Specialist (retired 02-27-15) in the Human Resources and Labor Relations Department, previously approved on February 12, 2015, for a period not to exceed an additional 60 hours.

Commissioner Fred Miller, Chair, Finance Committee

Additional Background Information {If Needed):

The Position Control Specialist is responsible for the creation, maintenance and administration of all salary and position adjustments in the HRLR IF AS (payroll) system for all positions in County Government.


Finance 06/11/2015

191

May 19, 2015 Date

Office of County Executive County of Macomb One South Main, 8th Floor Mount Clemens, Ml 48043

······.··.-·:·.···· .. ·-:·,··; .·.·-1:__

Human Resources and Labor Relations REQUEST APPROVAL/ ADOPTION OF

Extension of part-time temporary employment of Position Control Specialist

Request for the Human Resources and Labor Relations Department to extend the part-time temporary employment of Cynthia Hudson, Position Control Specialist in the Human Resources and Labor Relations Department, previously approved on February 12, 2015, for a period not to exceed an additional 60 hours.

The Position Control Specialist is responsible for the creation, maintenance and administration of all salary and position adjustments in the HRLR IF AS (payroll) system for all positions in County Government.

192


Signature

Director Human Resources and Labor Relations

.. , .... _, .. ,.,.'.·:·!

Extension of part-time temporary employment of Position Control Specialist

Human Resources and Labor Relations

ZIPage

193



From: Pamela J. Lavers, Assistant County Executive f/--Date: May 27, 2015

RE: Agenda Item- HR, Tentative Agreement of 2016 Wage Re-Opener


Attached you will find documentation and a resolution from Eric Herppich, HRLR Director, to ratify a 2016 wage re-opener, as tentatively agreed to and ratified by the membership of the bargaining groups mentioned in the attached documentation.

The Executive Office respectfully submits this agenda item for the Commission's consideration and recommends approval.

PJL/smf

cc: Mark Deldin Eric Herppich

194


Recommend on behalf of the Macomb County Executive and the Human Resources and Labor Relations Department, that the Macomb County Board of Commissioners ratify a 2016 wage re-opener, as tentatively agreed to and ratified by the membership of the following bargaining groups: AFSCME Local #411, Macomb County Environmental Health Association, Teamsters Local #214 (Circuit Court/FOG), Teamsters Local #214 (Court Reporters), UAW 412, Unit 39 (General), UAW Local412, Unit 46 (Assistant Prosecutors), UAW Local412, Unit 49 (IT}, UAW Local412, Unit 75 (Supervisors), UAW Local 412, Unit 95 (Corporation Counsel), UAW Local412, Unit 98 (Head Start Professionals), UAW Local889.

Commissioner Fred Miller, Chair, Finance Committee


The Parties have reached a tentative agreement on a 2016 wage re-opener and agree to amend the January 1, 2014 through December 31, 2016 Collective Bargaining Agreement as follows:

Lump Sum Payment: The previously agreed to lump sum payment of $500 to be paid to each full-time employee, including DROP participants, on the first regular paycheck in 2016 is eliminated and will not be paid as a result of this amendment.

Wage Adjustment: 2.0%

· Committee Meeting Date

Finance 06/11/2015

195

HUMAN RESOURCES AND LABOR RELATIONS DEPARTMENT


May 21, 2015 Date

Office of County Executive County of Macomb One South Main, gth Floor


120 N. Main Street Mount Clemens, Michigan 48043

Phone: 586-469-5280 Fax: 586-469-6795 [email protected]

Human Resources and Labor Relations REQUEST APPROVAL/ ADOPTION OF

Tentative Agreement of 2016 Wage Re-Opener

Eric A. Herppich Director

469-5281

Karlyn R. Semlow Service Director

469-6160

Karen L. Bathanti Service Director

469-7248

Resolution to recommend ratification of a 2016 wage re-opener with AFSCME Local #411, Macomb County Environmental Health Association, Teamsters #214-Circuit Court/FOC, Teamsters #214-Court Reporters, UAW Local412, Unit 39 (General), Unit 46 (Assistant Prosecutors), Unit 49 (IT), Unit 75 (Supervisors), Unit 95 (Corporation Counsel), Unit 98 (Head Start Professionals), UAW 889

196


Stgnature

Director Human Resources and Labor Relations

Tentative Agreement of 2016 Wage Re-Opener

Human Resources and Labor Relations

21Page

197

RICK SNYDER GOVERNOR

Mr. David Flynn, Chair

STATE OF MICHIGAN

DEPARTMENT OF TREASURY LANSING

May 15, 2015

Macomb County Board of Commissioners 1 S. Main Street, 9th Floor Mt. Clemens, MI 48043

Dear Mr. Flynn:

RECEIVED

BOARD OF COMMISSIONERS

NICK KHOURI STATE TREASURER

TRI-COUNTY CONVENTION FACILITIES TAX/4% STATE-WIDE LIQUOR TAX

Distribution for 2015 and 2016

Connties share in the tri-county convention facilities tax levied under Public Act 106 of 1985 and the 4 percent liquor tax levied under Public Act 58 of 1998, when those revenues exceed the debt service requirements for convention facilities. Public Act 2 of 1986 requires the State Treasurer to annually certify an estimate of revenues to be received by counties under Public Act 106. The estimated amount of the convention facility/liquor tax (CFT) distribution to Macomb County from FY 2014-15 collections is $6,092,255, which is about 149 percent of the county's FY 2013-14 liquor tax collections. The total projected FY2014-15 CFT distribution for all counties is 5% ($3.7 million) more than the FY 2014-15 estimate provided last year. The final FY 2014-15 distribution to counties will be made in October 2015. The estimated amount of the convention facility/liquor tax distribution to Macomb County from FY 2015-16 collections is $6,207,539. This FY 2015-16 estimate is provided for county budget purposes only.

Reduction in Base Tax Rate for 2015 Truth-In-Taxation Hearing Purposes

Counties are required to use the CFT estimate (below) to reduce their base tax rate for 2015 truthin-taxation hearing purposes under Public Act 2 of 1986. When county allocated millage was levied in December, the levy was for the county's fiscal year ending in the year after the levy. Therefore, the truth in taxation calculations also used the liquor and cigarette tax payments received in the fiscal year ending in the year after the property tax levy. However, with the switch to a July millage levy, the 2015 levy is forthe county's fiscal year ending in 2015, not the following fiscal year. The truth-in-taxation calculations should also use the liquor and cigarette tax payments received in the fiscal year ending in the year of the levy. The law also requires that the FY 2014-15 CFT estimate be adjusted by the difference between the estimated and actual distribution for FY 2013-14. The difference for Macomb County between the actual FY 2013-14 distribution and the Department of Treasury estimate of that distribution is $295, 170. Therefore, the amount of the convention facility/liquor tax distribution that is to be used to reduce the Macomb County base tax rate for 2015 truth-in-taxation hearing purposes is $6,387,425 ($6,092,255 + $295,170).

198

Page2 May 15, 2015

CIGARETTE TAX, HEALTH AND SAFETY FUND ACT

Distribution for 2015 and 2016

When cigarette tax revenues exceed $875.2 million, counties receive a share of those revenues under Public Act 264of1987, the Health and Safety Fund (HSF) Act. Cigarette tax revenues were below $875.2 million in FY 2013-14, and are estimated to be below $875.2 million in FY 2014-15 and FY 2015-16. Therefore counties received no HSF distribution in 2014, and are estimated to receive no HSF distribution in 2015 or 2016.

SUMMARY INFORMATION

The total amount from liquor and cigarette tax distributions that Macomb County must use to reduce its base tax rate for 2015 truth-in-taxation hearing purposes is $6,387,425. If a county's 2015 base tax rate, after the reduction for CFT and HSF revenue, is greater than the 2015 millage the county proposes to levy, the county is not required to hold a truth-in-taxation hearing.

Counties may follow the truth-in-taxation hearing process to use the revenues for increased spending, but 50 percent of the convention facility/liquor tax revenue not used to reduce their millage rate is required by Public Act 2 of 1986 to be distributed to the county's designated substance abuse coordinating agency for substance abuse programs. All of the HSF Act revenues not used to reduce their millage rate must be spent as specified in Public Act 264 of 1987. A Property Tax Division bulletin, which explains the required calculations of Public Act 2 and Public Act 264, has been distributed to your county treasurer and is available upon request.

c: County Treasurer County Equalization Director

Sincerely,

Howard Heideman, Administrator Tax Analysis Division Office of Revenue and Tax Analysis

County Executive/ Administrator/Controller/Coordinator

199



From: Mark F. Deldin, Deputy County Executive

Date: June 4, 2015

RE: Agenda Item - New Parking Deck Structure Initial Bids, Receive and File


Attached you will find documentation on the bidding progress for the New Administration Building Parking Deck for your receipt and file.

It is Clark Construction's intent to award eleven bid categories: Site Concrete, Caissons, Structural Steel, General Trades, Roofing, Drywall/Acoustical, Elevator, Fire Suppression, Plumbing, HVAC, and Electrical work in the amount of $2,220,745. The remaining bid categories will be awarded as post bid interviews are completed. The Board will be notified of such awards at the next Infrastructure Committee Meeting on June 23, 2015.

Clark Construction has adhered to the "Macomb County Central Campus Renovations Bidding Plan" document, which was approved at the Finance Committee Meeting held on March 12, 2014.

The Executive Office respectfully submits the agenda item for the Commission's receipt and file.

MFD/smf

cc: Jeff Atkins, Plante Moran Cresa Gino Del Pup, Plante Moran Cresa

(ADDED TO AGENDA/ DISTRIBUTED 6-11-15)

plante moran CRESA ~/1 REAL ESTATE CONSULTANTS

~, L.-------

June 4, 2015

Mr. Mark Deldin

Deputy Executive County of Macomb 1 South Main Street, 8th Floor

Mt. Clemens, Ml 48043

RE: Contract Award Recommendation for Construction Bids B.P. No.1 New Parking Deck & Welcome Center

Dear Mr. Deldin:

This letter transmits an update from Plante Moran Cresa {PMC) as it relates to the assignment to assist and advise the County of Macomb in the selection of contractors for the project listed above. This update represents the mutual efforts of PMC, Clark Construction, Partners in Architecture and staff {the Bond Team) to present a framework in order to identify, evaluate and recommend Prime Contractors firms for this project.

On April 6, 2015 Construction Documents prepared by Partners in Architecture and Clark Construction were formally issued and made available. An advertisement for bids was sent to several pre-qualified construction companies that perform this type of work.

On April 24, 2015, thirty-nine {39) bid proposals were received for the bid categories listed below, and over the next several days were reviewed to determine the budget implications. Interviews were held over the next week and were attended by various members of the Bond Team.

Upon completion of the interviews, and after subsequent clarifications and discussions, the Bond Team is recommending the low qualified bid for contract award.

Bid Category 03B- Site Concrete 03C- Caissons

05A- Drywall/Ceiling 05B- Structural & Mise Steel 06A- General Trades 07A-Roofing 14A- Elevators 21A- Fire Suppression 22A- Plumbing 23A- HVAC 26A- Electrical

Contractor Albanelli Cement McKinney Drilling Co

Pontiac Ceiling Partition Davis Iron Works Commercial Contracting Schena Roofing Otis Elevator

Shambaugh & Son Oakland Plumbing Great Lakes Mechanical

Motor City Electric

Amount $227,900 $543,500 $99,553 $628,431 $204,000 $58,461 $112,900 $63,600 $180,400 $102,000 $399,500

26300 Northwestern Highway, Southfield, Ml 48076 Tel 248.223.3500 Fax 248.223.3150 www.pmcresa.com

The remaining bid categories for the new parking deck structure and the new Administration Building entry feature (Welcome Center) will be recommended at the next Board meeting. The CM fees, bonds and construction contingency dollars will be adjusted once all contracts have been awarded for this project.

The Project Team is available at the Board's convenience to answer any questions regarding bidding, the proposals, interview process, or the recommendations of the Bond Team. If you have any questions, please feel free to contact me at 586-615-1332 or [email protected]

Sincerely, PLANTE MORAN CRESA

Jeff Atkins Senior Associate

Copy:

Enclosures:

Gino Del Pup, Plante Moran Cresa Brad Pries & Elaine Hampstead, Clark Construction Company Darren McKenna, Partners in Architecture

Clark Construction Award Recommendation letters

plante moran cRESA ~ IU.L UTAII COHSUUANU

Mr. Gino Del Pup Plante Moran CRESA 26300 Northwestern Hwy Southfield, MI 48076

Re: Site Concrete- BP#l Bid Category 03B A ward Recommendations Clark Project #2678

Dear Mr. Del Pup:

lltlldquurter~ 3535 Moores River Drive

LAnsing. Ml48911 S 17.372.0940 phone I S 17.372.0668 fax

Suuthr11~t i\ IJl•hlgun Offirr 291 10 Inkster Rond, Suite: I SO

Southfield. MJ 48034 248.286.1000 phone 1248.286.1010 fax

www clarkcc.com

On April 24, 2015 we received the bids for the Macomb County Central Campus Renovations Parking Structure project. On May 261

h and 27th, we conducted post bid interviews with Colasanti and Albanelli along with Darren McKenna of Partners in Architecture. The following information indicates the bids received and our intention for award of contract for this work.

Bid Category No. Name Macomb County

Vendor Price Base Bid

Alternate 1 Macom"b___ -

county Vendor

·o38 ·..:. ·siie-conc-retfi · · · · · · · · · ·· · · · · · · · · · · · · · · · · · ·--····-····-··· · · · · · · · · · · · · · · · · · · · · ···· · ··· · ·· · · · ··· · · · · · · · · · · ·· · · · · ··

-···············- ······-----············· · · ····· ··- -------------··· ············· ····· ······· ······· · · ··········Nc;···· ··· Albanelli Cement $227,900.00 ············----- -~~~~~~~~---··········· ········-----------·--···- ··$·~~~~~-~~~~~--- ······-····-------·-····-"es·······

······· - --~·- ··· · .................................. · · ··············--·~·- ····· .................................. ... ...... '( ······.~---

.... -- -... ···--.. . ~~!!]~J~ -~~!)~f~!«:...... . ............... ····-..... .. ~~?~ .. ~-~~:Q~.- . . .......... -...... . -...... -~~- .... -. . . - ~ --- -·------------ -·--- ----------------- --· -----·- ···---------------- --------~--------- ------------------ ---- --------------

Michigan's First !>latin u m Contractor An Equnl Opportunity Employer ISO 9001 & 14001 Ccrtifio.:d

After review of the bid and conducting post bid review meetings concerning schedule, and assurance the bid is in accordance with the plans and specifications, Clark Construction Company is recommending award of a contract to Albenelli Cement of Livonia, MI, the low qualified bidder for Bid Category No. 03B- Site Concrete.

The contract basis is intended to be as follows:

Base Bid: $227,900.00

Each contractor also provided a performance and payment bond separate from the base bid value. Plante Moran CRESA, Macomb County and Clark Construction Company will agree on the bond program for the project and will adjust the contract value as required.

The CM fees and costs, and construction contingency dollars will be adjusted once all contracts have been awarded for this project. We will provide a Prime Contract Change Order (PCCO) request to adjust our contract including all appropriate fees.

All questions and concerns can be directed to our project office.

Sincerely, CLARK CONSTR CTION COMPANY

Elaine K. Hampstead Project Manager Clark Construction Company

cc: Mr. Jeff Atkins - Plante Moran CRESA

Page 2

Mr. Dave Reece- Clark Construction Company Mr. Darren McKenna - Partners in Architecture Mr. Brad Pries - Clark Construction Company

Letter of Recommendation Macomb County Central Campus Renovations

CLARK Construction Company Proloulonal Construction Services

May 19, 2015


Re: Caisson Bids Award Recommendations Clark Project #2678

Dear Mr. Del Pup:

IIL'Ildgun t1l't'S 3535 Moores River Drive

Lansing, MI 48911 517.372.0940 phon.; I 517.372.0668 fnx

SoutheRSt Michigan Office 29110 Inkster Road, Suite 1 SO

Southfield, MI 48034 248.286.1000 phone 1248.286.1010 fax

www olarkc.'.com

On April 24, 2015 we received the bids for the Caisson Foundations for the Macomb County Central Campus Renovations Parking Structure project. On May 61

h we conducted post bid interviews with McKinney Drilling Company and Rohrscheib Sons Caissons, Inc. Mr. Rick Kinnell with Rich & Associates participated in the interviews along with Clark Construction Company. The following information indicates the bids received and our intention for award of contract for this work.


Vendor Price

Alternate

Base Bid

Macomb County Vendor

-o3c·.: caissons --· - - ~-----· · · · ·-- ---·-- ---- --------- --- --------------------------- ·---- -------------

, ___ _____ __ -------- -- ---------- -- ---- ----- - ----------- ------------------ ------------------ ------------------McKinney Drilling Co. $543,500.00 No

:::::::::::::::::: :~~h~~~;~~:~~:~~:~~:-:::::::::::::::::::::::::: ::~~:~~~~~9~-~:~: :::::::::::::::::: ::::::: ~~: :::::::

~ Mrosr:;; -, Michigan's First ~--::::- · Platinum Contr·actor An Equ»l Opportunity Employer ISO 9001 & 14001 Certified

Page Two May 19,2015 Plante Moran CRESA, Macomb County Parking Structure Project

After review ofthe bids and conducting post bid review meetings concerning schedule, and assurance the bid is in accordance with the plans and specifications, Clark Construction Company is recommending award of a contract to McKinney Drilling Company of Bedford, OH, the low qualified bidder for Bid Category No. 03C -Caissons.


Base Bid: $543,500.00




Sincerely, CLARK CONSTRUCTION COMPANY

Brad Pries Project Manager Clark Construction Company

cc: Mr. Jeff Atkins- Plante Moran CRESA Mr. Dave Reece - Clark Construction Company Mr. Darren McKenna - Partners in Architecture Mrs. Elaine Hampstead - Clark Construction Company


Re: Drywall/Studs/Ceilings- BP#l Bid Category OSA A ward Recommendations Clark Project #2678

Dear Mr. Del Pup:

Hc~dguR rltl'S 3535 Moor~s River Drive

Lansing, Ml 4!!911 517.372.0940 phone 1517.372.0668 tax

Sonthc11s1 Mlthlgnn Office 29110 Inkster Road. Suite 150

Southfield. Ml 48034 248.286.1000 phone 1248.286.10 I 0 fax

www clarke.: com

On April 24, 2015 we received the bids for the Macomb County Central Campus Renovations Parking Structure project. On May 261

h and 2t'\ we conducted post bid interviews with Turner Brooks, Commercial Contracting and Pontiac Ceiling along with Darren McKenna of Partners in Architecture. The following information indicates the bids received and our intention for award of contract for this work.


Vendor Price

·a sA:..:. ·or;.waWstiicisice;iiri~is .. · .... ·.. · .... · · · · · · · · · · · · · · · · · · · · ·

Alternate 1

Base Bid


................. ·Fiaritiac-ceiiir19& ................. - ...... ........... ... ...... ............................... ;;.1a ..... .. Partition $99,553.00 · · ·-·---------· -- -commerciai .. -.. · .. ... ... .... .. · .. · · · · · · ·-· · .. · .. · .... -- .. · .. -- .. · .... -.. ·-·-· .. · · ------ --- -------------- --------No-------

...... . . .. . .. . .. . . ~'?~~r~£~~!~1}9_ . ....... .. ........................... -- ~-~~!!~-~~:~9 ... ... .. .. .... ...... ...... ........... ..

.. ....... ........ . !.~~!}~[-~!:~~~-- - · --· -- ........... ................ -- ~~~J!~-~~:~9 .. . .................. ........ ~-~ - - - · · · ·

Michigan's First Platinum Contractor An Eq1ml Opportunity Employ~r ISO 9001 & 14001 Certified

After review of the bid and conducting post bid review meetings concerning schedule, and assurance the bid is in accordance with the plans and specifications, Clark Construction Company is recommending award of a contract to Pontiac Ceiling of Pontiac, MI, the low qualified bidder for Bid Category No. 05A- Drywall/Studs/Ceilings.

The contract basis is intended to be as fo11ows:

Base Bid: $99,553.00





·ne K. Hampstead Project Manager Clark Construction Company


Page 2

Mr. Dave Reece - Clark Construction Company Mr. Darren McKenna - Partners in Architecture Mr. Brad Pries- Clark Construction Company


CLARK Construction Company Professional Construct1on Service&

May 19, 2015


Re: Structural and Miscellaneous Steel Bids Award Recommendations Clark Project #2678

Dear Mr. Del Pup:

Hendqu1111ers 3535 Moores River Drive

Lansing, lvli 48911 517.372.0940 phon~ I 517.372.0668 fax

SouCitt'llSf ;\lkhh:nn om('(' 291 10 Inkst.:r Road. Suite I SO

Southti~ld, MI 48034 248.286.1000 phone 1248.286.1010 fax

W\\W.clnrkcc com

On April 24, 2015 we received the bids for the Structural and Miscellaneous Steel Bid Category for the Macomb County Central Campus Renovations Parking Structure project. On May 61

h we conducted a post bid interview with Davis Iron Works. Mr. Darren McKenna with Partners in Architecture participated in the interview along with Clark Construction Company. The following information indicates the bids received and our intention for award of contract for this work. In addition to the base bid content there is an alternate to modify the aluminum handrails per specification section 057300, install additional angles to support the precast walls not shown on the bid documents, provide structuraL steel moment connections not shown on the bid documents, and provide additional angle supports per Addendum 1 issued by the Design Team during the post bid interview. We do intend to accept the alternate with the approval of Plante Moran CRESA and Macomb County in the initial award as the design team has relayed to Clark Construction Company that the revisions are required for a complete design .

.. ·



Alternate Modify AI. Railings,

Provide Angle Bracing, and

Moment Connections


~ ------- -- ----- --------------------- --------------- ~ - - ------ -- ----- -- ------ --- · --- -- --- ·- · · .. -.. · · ·--- -·-No·-- -----____ , __ , __ . -- .. ~ _Q~_~i~_ !~~~-\{1!9~~~- ----- ----------------------------- -~~-1-~~~~p .. p_q_ . .. J_1_~!~~~_.p_q .. - ----------- --- -.-.

Michigan's Fh·st Platinum Contl'llctor An Equ"l Opportunity Employer ISO 900 I & 1400 I Certified

Page Two May 19, 2015 Plante Moran CRESA, Macomb County Parking Structure Project

After review ofthe bids and conducting post bid review meetings concerning schedule, and assurance the bid is in accordance with the plans and specifications, Clark Construction Company is recommending award of a contract to Davis Iron Works of Walled Lake, MI, the low qualified bidder for Bid Category No. OSB - Structural and Miscellaneous Steel.


Base Bid: $628,431.00






cc: Mr. Jeff Atkins- Plante Moran CRESA Mr. Dave Reece- Clark Construction Company Mr. Darren McKenna- Partners in Architecture Mrs. Elaine Hampstead -Clark Construction Company

CLARK Construction Company Profonlonal Construction S9rvic:OI

May 19. 10'15


Re: General Trades Bids Award Recommendations Clark Project #2678

Dear Mr. Del Pup :

lle.ulqunl1t·t"S 3535 Moor~s Riv.:r Driv~

Lansing, Mf 48911 S 17.372.0940 phon~ IS 17.372.0668 fax

Southenst Michigan Offlce 29110 Inbter Road, Suite I SO

Southfield, MI 48034 248.286.1000 phon~ 1248.286.1010 fax

www.clarkc.:.com

On April 24, 2015 we received the bids for the General Trades for the Macomb County Central Campus Renovations Parking Structure project. On May 12th we conducted post bid interviews with Trend Millwork and Commercial Contracting Company. The following information indicates the bids received and our intention for award of contract for this work.



Alternate 1 Macomb

County Vendor

· osil: : ... : Generai :r.:acies · · · · · · · · .. ·-- · · · · · · · · · ·-- · · · · · · · ---------- ·----- ·-- -- ----------- ------------------ ---- ------------- ·

------------- ----- -------- -------- ---:----- --------- -- -- ----- -- --- ----- -- · ---- · · · · · · · · ·-- · · · ···- -- -No-- --- ------ --------------- -~~g_ ------------ ----- -- ----------- -- ------------ .. -- -~~!l_4~q9~_.p_q - - .. --.--........... .. -...... -- .. -----

No -----------.. ----- _"!:~~~-c.! .......... ----------------------------------.-- -~~.?-~~q99:9_q-- . --- .... ---- ----- - .. --- .. -- ---------

Page Two

Michigan•s First Platinum Contractor An Equal Opportunity Employer ISO 9001 & 14001 Certified

May 19, 2015 Plante Moran CRESA, Macomb County Parking Structure Project

After review of the bids and conducting post bid review meetings concerning schedule, and assurance the bid is in accordance with the plans and specifications, Clark Construction Company is recommending award of a contract to Commercial Contracting Company of Auburn Hills, MI, the low qualified bidder for Bid Category No. 06A- General Trades.


Base Bid: $204,000.00






cc: Mr. Jeff Atkins- Plante Moran CRESA Mr. Dave Reece- Clark Construction Company Mr. Darren McKenna - Partners in Architecture Mrs. Elaine Hampstead- Clark Construction Company

CLARK Construction Company P r ofr.~~ic> ro <1l CCi n str\-cti(>rl Sr.rvict·~


Re: Roofing Bids- BP# 1 Bid Category 07 A Award Recommendations Clark Project #2678

Dear Mr. Del Pup:

Hcudguortcl's 3535 Moores River Drive

Lansing, M148911 :'il7.372.0940 phone I517.372.Cl668 rax

SoutheRs! Mlrhlgon Orficc 29110 Inkster Road. Suite 150

Southfield. Ml 48034 248.286.1000 phone I 248.286.10 l 0 fax

On April24, 2015 we received the bids for the Macomb County Central Campus Renovations Parking Structure project. On June 15

\ we conducted post bid interviews with Schena Roofing along with Darren McKenna of Partners in Architecture. The following information indicates the bids received and our intention for award of contract for this work.



Alternate 1 Macomb

County Vendor

·at A:.:. ·Rootfiiii ------------- ------------ ------------------- ·--- ·-- -·- · · ·---· · ·---- · · -- ·-----· ·--------------------------

Michigan's First Platinum Contractor lin Equal Opportunity Employ~r ISO 9001 & 1400 1 l'crt ili~d

After review of the bid and conducting post bid review meetings concerning schedule, and assurance the bid is in accordance with the plans and specifications, Clark Construction Company is reconm1ending award of a contract to Schena Roofing of Chesterfield, MI, the low qualified bidder for Bid Category No. 07 A -Roofing.


Base Bid: $58,461.00







Page 2

Mr. Dave Reece- Clark Construction Company Mr. Darren McKenna- Partners in Architecture Mr. Brad Pries - Clark Construction Company


CLARK Construction Company Profcssionnf Co.lstruclion ServkH

May 19, 2015


Re: Elevator Bid A ward Recommendations Clark Project #2678

Dear Mr. Del Pup:

He11dguurtt>rs 3535 Moores River Drive

Lansing, MI 48911 S 17.372,0940 phone I S 17.372.0668 fax

Sonlheust l\lkhlg•llt Omn · 29110 Inkster Road, Suite ISO

Southfield, MI 48034 248.286 1000 phone 1248.286.1010 fax

www c!arkcc·-.com

On April 24, 2015 we received the bids for the Elevators for the Macomb County Central Campus Renovations Parking Structure project. On May 13th we conducted a post bid interview with OTIS Elevator. The following information indicates the bids received and our intention for award of contract for this work. In addition to the base bid content there is an alternate to provide an elevator with 480 volt power in lieu of the specified 208 volts. We do not intend to accept the alternate in the initial award but will be evaluating the necessity of this item with the owner and the design team as the work progresses.

Bid Category No.

14A- Elevators

,.J

·V":..r,

Name

MIOSHA' Michigan's Fh·st

Macomb County Vendor Price

--...... Platinum Contractor

Base Bid

Alternate 1

Provide 480 Volt Elevator in Lieu of 208

Volt


An EquRI Opportunity Employer ISO 900 1 & 14001 Certified

Page Two May 19, 2015 Plante Moran CRESA, Macomb County Parking Structure Project

After review of the bids and conducting post bid review meetings concerning schedule, and assurance the bid is in accordance with the plans and specifications, Clark Construction Company is recommending award of a contract to OTIS Elevator Company of Farmington Hills, MI, the low qualified bidder for Bid Category No. 14A- Elevators.


Base Bid: $112,900.00

The contractor also provided a performance and payment bond separate from the base bid value. Plante Moran CRESA, Macomb County and Clark Construction Company will agree on the bond program for the project and will adjust the contract value as required.





cc: Mr. Jeff Atkins- Plante Moran CRESA Mr. Dave Reece- Clark Construction Company Mr. Darren McKenna - Partners in Architecture Mrs. Elaine Hampstead - Clark Construction Company

CLARK Conatructlon Company Prolonlonal Construe lion Sorvk:tl

IJt•lldl! llllrfl'I'M

353~ Moores River Drive Lansing, Ml 48911

~ 17.372.0940 phone 1517.372.0668 fax

SoutheRAt Michigan Office 29110 IokJrter Road, Suite 150


r\1ay f9, 201 5 -------- --------- --


Re: Fire Suppression Bids Award Recommendations Clark Project #2678

Dear Mr. Del Pup:

www.clarkcc.com

On April 24, 2015 we received the bids for the Fire Suppression for the Macomb County Central Campus Renovations Parking Structure project On May 15th we conducted post bid interviews with John E Green, Professional Sprinkler, and Shambaugh & Sons along with Darren McKenna ofPartners in Architecture. The following information indicates the bids received and our intention for award of contract for this work.

Bid Category No.

21A - Fire Suppression

Name Macomb County Vendor Price

Alternate 1

Base Bid


No ----- --- . --- -- ---- -~<?~.f! -~ .<?!~.e.~ .. -------------------------------------- ~~~l~~~~~Q __ - ------------------ ------------------__________________ f~'?!~~.:>J9.n.<!L~e~i!l_~l~!-- __________________ .... _ .. ___ .. ~~?!~~-q._~Q ... .. _ ........... ___ . No

__________________ -~~_a_l!l_~?_u_g~-~-~~~- .. _____ .... ____ .. __ . ___ .. _. _______ ~~~1~~-q._qQ _____ .. _ ..... _. _____ _ No

Michigan's First Platinum Contractor An Equal Opportunity Employer ISO 9001 & 14001 Certified

Page Two May 19,2015

--PlanTe MOT·affCRESi\;Macon1oLOriTityParting Structure Project

After review of the bids and conducting post bid review meetings concerning schedule, and assurance the bid is in accordance with the plans and specifications, Clark Construction Company is recommending award of a contract to Shambaugh & Son of Southfield, MI, the low qualified bidder for Bid Category No. 21A- Fire Suppression.


Base Bid: $63,600.00






cc: Mr. Jeff Atkins- Plante Moran CRESA Mr. Dave Reece- Clark Construction Company Mr. Darren McKenna- Partners in Architecture Mrs. Elaine Hampstead - Clark Construction Company

CLARK Construction Company Prolenlonal Conslruclion Sctrvlcn

May 19, 2015


Re: Plumbing Bids Award Recommendations Clark Project #2678

Dear Mr. Del Pup:

Hcndqunrters 3535 Moores River Drive

Lansing, Ml 489I 1 5 I 7.372.0940 phone I 517.372.0668 fax

SoutheiUlt Mlchlgnn Office 291 10 Inkster Road, Suite 150

Southfield, MI 48034 248.286.1000 phone I 248.286.10 I 0 fax

www.clarkcl'. Com

On April 24, 2015 we received the bids for the Plumbing Scope for the Macomb County Central Campus Renovations Parking Structure project. On May 11th we conducted post bid interviews with DeCal Inc., Guideline Mechanical and Oakland Plumbing. The following information indicates the bids received and our intention for award of contract for this work.



Alternate 1 Macomb

County Vendor

-22A~-Pium6iii9 ----- .... - ~ ----- -- ------ --- --- -- ----------------------------------- ------------------ --- · · · · · · · · · · · · · ·-

Yes

Yes ___________________ \3_u_i9_~,l~~-M~.c-~~~J~~ _______ ... _. __ ~! ~-~·-~~?:Q9 __ __ -~1.9.~~~~!:9.~- ____________________________________ _ Yes ___________________ 1?~:~<3! -'~.C: ____________________ .. ___ ~~?~._BX~: Q9 __ __ -~?.~~~?~9:9_~- ________________________ . ______ .. _- ..

Michigan's Fh·st Platinum Contractor An Equal Opportunity Employer ISO 9001 & I 400 I Certified

Page Two May 19, 2015

~~~--ptame Moran-e~SLt-Macomtrt'mmryi~~rrtmrg-Suucmre- P'~"~to"''fa~ec,..,r~-~~~~~~~~~~~~~~

After review of the bids and conducting post bid review meetings concerning schedule, and assurance the bid is in accordance with the plans and specifications, Clark Construction Company is recommending award of a contract to Oakland Plumbing of Ray Township, MI, the low qualified bidder for Bid Category No. 022A- Plumbing.


Base Bid: $180,400.00






cc: Mr. Jeff Atkins- Plante Moran CRESA Mr. Dave Reece- Clark Construction Company Mr. Darren McKenna- Partners in Architecture Mrs. Elaine Hampstead - Clark Construction Company

CLARK Constnactlon Company Pro!onional Construction Sorvicn

May 19, 2015


Re: Mechanical and HV AC Bids Award Recommendations Clark Project #2678

Dear Mr. Del Pup:

llend11 uartcrs 3535 Moores River Drive

Lansing, MI 48911 517.372.0940 phone 1517.372.0668 fax

Southeast Michigan Offic" 29110 Inkster Road, Suite 150


www.clarkcc.com

On April 24, 2015 we received the bids for the Mechanical and HVAC Scope for the Macomb County Central Campus Renovations Parking Structure project. On May 13th and 14th we conducted post bid interviews with Great Lakes Mechanical, RW Mead & Sons, and John E Green. Mr. Darren McKenna with Partners in Architecture and Mr. Salim Sessine with MA Engineering participated in the interviews. The following information indicates the bids received and our intention for award of contract for this work.

Bid Category No.

23A -HVAC

Name Macomb County Vendor Price

Base Bid

Alternate 1 Macomb

County Vendor

-G-re-af L'al<es------ ---- - -------------- ---- -~~-- -- - ----------------- ------------------ -------No--------

-~-e:C?~?_I~i_c_~l_- ·-- ---.- ..... ---------------- .. -.... -- ---~~~~~~99:9.~-- . -..... ......... -.. -----------------Yes

No ------------------ -~<?~_n_ -~ -~!~.e:~-------------------------- ----------- ---~~~~t~~9:9_~ __ ------------------ --------- ........ .


Page Two May 19,2015 Plante Moran CRESA, Macomb County Parking Structure Project

After review of the bids and conducting post bid review meetings concerning schedule, and assurance the bid is in accordance with the plans and specifications, Clark Construction Company is recommending award of a contract to Great Lakes Mechanical of Dearborn, :MI, the low qualified bidder for Bid Category No. 023A- HV AC.


Base Bid: $102,000.00


The CM fees and costs, and construction contingency dollars will be adjusted once all contracts have been awarded for this project. We will provide a Prime Contract Change Order (PCCO) request to adjust our contract including all appropriate fees .



cc: Mr. Jeff Atkins - Plante Moran CRESA Mr. Dave Reece - Clark Construction Company Mr. Darren McKenna - Partners in Architecture Mrs. Elaine Hampstead - Clark Construction Company

CLARK Construction Company Prolonlonal Construclion Sorvlcot

May 19~1:'1


Re: Electrical Bids Award Recommendations Clark Project #2678

Dear Mr. Del Pup:

Rend quarters 3535 Moor~s Riwr Drive

Lansing, MI 48911 517.372,0940 phon" I 517.372.0668 fax

SoutheftSt Mlchlgan Office 29110 Inkst~r Road. S\lite 150

Southfield, MI 48034 248.286.1000 phone 1248.286.10 I 0 fax

WWII'.clarkcc .. com

On April 24, 2015 we received the bids for the Electrical Scope for the Macomb County Central Campus Renovations Parking Structure project. On May 71

h we conducted post bid interviews with LaBelle Electric, JMC Electrical, and Motor City Electric. The following information indicates the bids received and our intention for award of contract for this work.



· 2sA.·:.: Electrical · · - -- -- - - - -- - - --- --- - - - -· - - - - - - - - - - -- - - --- ------ --- ------ -- - -- - - -· · · ·

Alternate 1 Macomb

County Vendor

__________________ -~-~~~~ f~y-~J~~-t~i_c ____________________ .......... _ .... E~~t~9~:9.~ ___________________________ ~~--- ____ _ __ __ ______________ -~ryl_<;:_~J~_c_t~~c_~~-------- ------------~~?~.f.~?: Q9 .... -~~~t~9~:!>_1! ____________________ . ------~~-~ .... ___

Yes ------------------ -~~!3.~~~- ~J~~-t~~~--- ---------------- --~~?_D_,?~g: Q9_ ... -~~!~~~9~--~-~-- ------------------ ------------------

Michigan's First Platinum Contt·actor An Eqllal Opporlllnity Employer ISO 9001 & 14001 Certified

Page Two May 19, 2015

----Pimn:e-Mornn-eRE~farornb'-etmrnyParking=Stmcntre Prn:fcct

After review of the bids and conducting post bid review meetings concerning schedule, and assurance the bid is in accordance with the plans and specifications, Clark Construction Company is recommending award of a contract to Motor City Electric of Detroit, MI, the low qualified bidder for Bid Category No. 026A- Electrical.


Base Bid: $399,500.00






cc: Mr. Jeff Atkins- Plante Moran CRESA Mr. Dave Reece - Clark Construction Company Mr. Darren McKenna- Partners in Architecture Mrs. Elaine Hampstead - Clark Construction Company



From: Mark F. Deldin, Deputy County Executive ~

Date: June 4, 2015


RE: Agenda Item -Old County Building Renovations Initial Bids, Receive and File

Attached you will find documentation on the bidding progress for the Renovations to the Old County Building for your receipt and file.

It is Clark Construction's intent to award eight bid categories: Selective Demolition, Interior Masonry, Exterior Masonry, General Trades, Roofing, Drywall/Acoustical, HVAC and Electrical work in the amount of $12,570,695. The remaining bid categories will be awarded as post bid interviews are completed. The Board will be notified of such awards at the next Infrastructure Committee Meeting on June 23, 2015.

Clark Construction has adhered to the "Macomb County Central Campus Renovations Bidding Plan" document, which was approved at the Finance Committee Meeting held on March 12, 2014.

The Executive Office respectfully submits the agenda item for the Commission's receipt and file.

MFD/smf

cc: Jeff Atkins, Plante Moran Cresa Gino Del Pup, Plante Moran Cresa

(ADDED TO AGENDA/ DISTRIBUTED 6-11-15)

plante moran CRESA .,yz REAL ESTATE CONSULTANTS

June 4, 2015

Mr. Mark Deldin Deputy Executive County of Macomb 1 South Main Street , gth Floor

Mt. Clemens, M l48043

RE : Contract Award Recom mendation fo r Construct ion Bids B.P. No. 2 Old County Building Renovat ions

Dear Mr. Deldin :

This letter transmits an update from Plante Moran Cresa {PMC} as it relat es to the assignment to assist and advise the County of Macomb in the selection of contractors for the project listed above. This update represents the mut ua l efforts of PMC, Cla rk Construction, Wakley Associates and staff (t he Bond Team) to present a framework in order to identify, evaluate and recommend Prime Contract ors firms for th is project.

On April 6, 2015 Construction Documents prepared by Wakley Associates and Clark Construction were formally issued and made available. An advertisement for bids was sent to several pre-qualified construction companies that perform this type of work.

On Thursday, April 30, 2015, twenty-four {24) bid proposals were received for the bid categories listed below, and over the next several days were reviewed to determine the budget implications. Interviews were held over the next week and were attended by various members of the Bond Team.

Upon completion of the interviews, and after subsequent clarifications and discussions, the Bond Team is recommending the low qua lif ied bid for contract award .

Bid Category Contractor Amount 02A- Selective Demolit ions Blue Star $237,675 04A.11nterior Masonry Baker Construction $663 ,000 04A.2 Exterior Masonry RAM Construction $270,000 06A- General Trades Wally Kosarski $1,499,280 07A- Roofing Schena Roofing $286,240 09A- Drywaii/Ceiling/AWP Pontiac Ceiling Pa rtition $2,425,000 23A- HVAC RW Mead & Sons $3,841,000 26A - Electrica l Mot or City Electric $3,348,500

26300 Northwestern Highway, Southfield, M l 48076 Tel 248.223.3500 Fax 248.223.3150 www.pmcresa .com

The remaining bid categories for the renovations to the Old County Building will be recommended at the next Board meeting. The CM fees, bonds, and construction contingency dollars will be adjusted once all contracts have been awarded for this project.

The Project Team is available at the Board's convenience to answer any questions regarding bidding, the proposals, interview process, or the recommendations of the Bond Team. If you have any questions, please feel free to contact me at 586-615-1332 or [email protected]

Sincerely, PLANTE MORAN CRESA

Jeff Atkins Senior Associate

Copy:

Enclosures:

Gino Del Pup, Plante Moran Cresa Brad Pries & Elaine Hampstead, Clark Construction Company Brian Smilnak & Ron Syme, Wakley Associates

Clark Construct ion Award Recommendation letters

plante moran CRESA .,yt._ IUL UTAJI CONti\JLTANll

CLARK Conatnaction Company Prolcn ionnl Construction Sorvi<;o5

May 27, 2015


Re: Selective Demolition - BP#2 Old County Building Award Recommendations Clark Project #2678

Dear Mr. Del Pup:

Hendgunliers 3535 Moores River Drive

Lansing, Ml 48911 517.372.0940 phone! 517.372.0668 fax

SoutheRllt Mlchlgan Office 29110 Inkster Road. Suite 150

Southfield, Ml 48034 248.286.1000 phone I248.2R6.1010 fax

www.clarkcG.com

On April 30, 2015 we received the bids for the Selective Demolition for the Macomb County Central Campus Renovations Old County Building project. On May 191

h, 201h, and 22nd we

conducted post bid interviews with Detroit Dismantling, LV Painting, and Blue Star Demolition respectively. Mr. Ron Syme with Wakely Associates also participated in the interviews. The following information indicates the bids received and our intention for award of contract for this work.

Bid Category No. Name

02A - Selective Demolition


Base Bid

Alternate - 1 ~~-~M:-:-ac_o_m----=-b--l

County Vendor

Yes ..... ... ........... !?~~~-?~~! ........ ........... ·--. _ .. _!??_5_,~~~:99 ____ c~?~?~~?~"·!>-~ ____ . ____ .. _________ ------------- ____ _

.. --- -- ---- ------- _!?~~~~!t_P-i_s_~-~~!l!~g_-- ------------------------ ---- -- --~~~~~99:9_~-- ------------------ -------~~-------

.----------- ----- .!:'{. ~~~~~_g_ ------------------------ -~~~_1_,?_~? :99_ -- -~~~~~~~9--9_~ -- ------------------ ---- ----~~-~---- - -.

-=!:·-:. V'rJ')

MIOSHA',. _,....,_..., ,..... - -...... Michigan's First Platinum Contractor An Equal Opportunity Employer ISO 9001 & 14001 Certified

Page Two May 27,2015 Plante Moran CRESA, Macomb County Old County Building Project

After review of the bids and conducting post bid review meetings concerning schedule, and assurance the bid is in accordance with the plans and specifications, Clark Construction Company is recommending award of a contract to Blue Star Demolition of Warren, MI, the low qualified bidder for Bid Category No. 02A- Selective Demolition.

The contract basis is intended to be as follows :

Base Bid: $237,675.00





Elaine Hampstead Project Manager Clark Construction Company

cc: Mr. Jeff Atkins- Plante Moran CRESA Mr. Dave Reece - Clark Construction Company Mr. Ron Syme- Wakely Associates Mr. Brad Pries - Clark Construction Company


Re: Masonry Bids- BP#2 Bid Category 04A Award Recommendations Clark Project #2678

Dear Mr. Del Pup:

ll rudg uurtrn 3535 Moores River Drive

Lansing, Ml 48911 S 17.372.0940 phone I 517.372.066R fax

Suuthtn ~t Mirhh:an Orlic1' 29110 Inkster Road, Suite I SO

Southfield. Ml 48034 248.286.1000 phone I 248.286.1010 fax

www clarkcc.com

On April 30, 2015 we received the bids for the Macomb County Central Campus Renovations Old County Building project. On May 21st, we conducted post bid interviews with Baker Construction and RAM Construction along with Mr. Ron Syme with Wakely Associates. Both low bidders missed structural glazed tile patching and stand pipe in the stairwells. The add for this is the difference from the bid opening. The following information indicates the bids received and our intention for award of contract for this work.


Vendor Price

Alternate r--... _ ... .... 1'_,_,_ .............. · Macomb

County Base Bid Vendor

·o4A ·..: ·rjicisorii-Y (Interior & ·Ex .. teriorf--- ----- ·- ----------------- -- ---------- -------- · ·- · ·- · · · · ·--- ·---- ·--- ·- -·- · ·-· · · -·

.. -·~ -·----- ------ --·-- .. -- -------- -.. -.. -··- -- -- -- ---· .. ·-. ------ -------------- ·- . . ---- ......... --- ... -..... --.- ................... .. Baker Construction $952,532.00 No · --- -·------ -·- · · - ~~~-~-~~~~;~~~~~~----- ·- · -- · ·-· ·-- --- ·--- --- ·--- -- $~~~-.~~~:~~- - - · · ·- --· ·- · · · · ·------·---·-No------·

------------ ----- ------- --- --- --- -- --- -- -- ---- ----- -- ------- -------- -·- ---- ---- -- --- -- --- ----- -- -- ---· -· --------No- ------Brazen & Greer $1,210,000.00 · --· -- --- -------- ----- ---· · · · ------ --- ---- · · -- --·------------- -- ---- ---- ·------- ------ ----- · · · · · -- · ---- ------- · ·No · -· · · · · Leidal & Hart _ _ $_1,278,000.00 ·o4A:·r..: ·,;.iasonr:Y ·interior ·oiitv · · · · ----· ·- · · · · · · · · · · · · · · ·--· · · ·--- · ·--· · · ·---· · · ·--· -· · · ·-· · · · ·-- · · · · ·-· · · · · · · · ·- · -· · · -·

-- --- ----- · --· .. -~----·--· ...... .. .... -· ---~-. ·-· --·------· ·--. ··-· --- ··- ·-· ... -............ - ------ ..... . . -- ...... . -..... ....... . Baker Construction $663,000.00 No · · · · ·-- · · · · · · · · · · · · · · -- · · · · · · · · · · · · · · -· · · · -- · · · · · · · · ·- · · · · · -· · · · · -- - ------ ----- -- ---- · · -- · · -- · · · · · · · -· · · · · · · · · · ·No · · · · · · · Brazen & Greer $786,300.00 ·o4A:2:.: ·ExiE;rior· Masori,Y Restoiaifoi1 dniy. · · · · · · · · ·- ·- ·--· ·- ·-- ------------------ --- · ·-· · · · · · · · · · · · · · · · · · · · · · · · · · · · · ·

. ----------- -- -- -~ -- -- --------------- -----r· -- --------- ------------------ .--. -------- ---------.-.--.---.---- .. ........ -.. • • • • • • • • • • • • • • • • • • ~;;;~!~"~~~~. • • • • • • • •• • • • • • • • • • • • • • • • • • • • • • • • !~~~:~~,:~. • • • ••••••••••••••••••••••••• :~ •••••••


After review of the bid and conducting post bid review meetings concerning schedule, and assurance the bid is in accordance with the plans and specifications, Clark Construction Company is recommending award of a contract to Baker Construction of Whitemore Lake, MI, the low qualified bidder for Bid Category No. 04A.l - Interior Masonry and RAM Construction of Detroit, Ml, the low qualified bidder for Bid Category No. 04A.2 - Exterior Masonry Restoration. We bid out all the masonry as one bid package, after post bid meetings it was clear that there was an opportunity to split this into two bid packages and save Macomb County money. If awarded separately the total is $933,000.00 with a cost savings of$19,532.00 from low bid of combined.


Base Bid for Interior Masonry: Base Bid for Exterior Masonry Restoration:

$663,000.00 $270,000.00





Elaine K. Ham}S'S'tead Project Manager Clark Construction Company

cc: Mr. Jeff Atkins- Plante Moran CRESA

Page2

Mr. Dave Reece - Clark Construction Company Mr. Darren McKenna- Partners in Architecture Mr. Brad Pries - Clark Construction Company


CLARK Construction Company Profe65•0'1a! Constn;clie>n !>erviee~

May 27, 2015


Re: General Trades - BP#2 Old County Building Award Recommendations Clark Project #2678

Dear Mr. Del Pup:

II I' lid l !lllll'lt• I'll 353 !5 Moores River Driw

Lansing, Ml 48911 .517.372,0940 phon\! I .517.372.0668 fax

SouiJII'IL~I 1\ IIchlgon O ffit•c 29110 Inkst~r Road, Suite 1.50

Southfield, Ml 48034 248.286.1000 phone 1248.286.1010 fax

1\WW.clarkc~ . ~om

On April 30, 2015 we received the bids for the General Trades for the Macomb County Central Campus Renovations Old County Building project. On May 21st and 2211

d we conducted post bid interviews with Commercial Contracting, Turner Brooks and Wally Kosorski & Co., Inc. Mr. Ron Syme with Wakely Associates also participated in the interviews. The fo llowing information indicates the bids received and our intention for award of contract for this work



Alternate 1 Macomb

County Vendor

·osA ·..:.-Gener-afr-rades --- ·-·---------- -- -- · · · · · · · · · · · · · · · · · · ·----- ------------------ ----------------------------- -- · · · ·-

---------------- - -- - ------ .. .. .. ---------- r- --~--- ·---~-- - -- --- -- ~ -------- .. ----- ------------------------ -- .. . -- .....

Wally Kosorski $1,484,287.00 $1,499,280.00 Yes -- --------------- -~~;~~~-~~~~~~ - .. --- -.. -.. .... · · · $·1·.~;~:~~-~-~~- -$-1-.-~~~~~~~~~~-- ----------------- ---- .. · ves-- .. ----·-.... · ·-- ·-- · ·- · c6mmeirCiaf----------- ----- ------------ · · · · · · · · · · ·-- · · · · · · · · · · · · · · · · · · · ·-- · · · · ·---- ------------------

----------------- . ~<?!:J!~~~~i_~9.- . - . . -. -.- . .. ............. ------ .. ,, . -~-!L~~~~~-~Q:Q~ ... ... .. .. · · -- -- ... ... -. ... . t:J~ -- -- - --

. .... . . -. .. ------- ------------- -- ---- - ----- ------ ~ - .. ----- -- ... -. . -.- .... -...... -.-.. . ....... ---- - - -·-- -.-·- -- -·- -·------- -- -- - ~ - - ..

Michigan's First Platinum Contractor An Equal Opportunity Employer ISO 900 1 & 14001 Certified

Page Two May 27, 2015 Plante Moran CRESA, Macomb County Old County Building Project

After review of the bids and conducting post bid review meetings concerning schedule, and assurance the bid is in accordance with the plans and specifications, Clark Construction Company is recommending award of a contract to Wally Kosorski & Co., Inc. of Clinton Twp, Ml, the low qualified bidder for Bid Category No. 06A - General Trades.


Base Bid: $1,499,280.00





Elaine Hampstea Project Manager Clark Construction Company

cc: Mr. Jeff Atkins - Plante Moran CRESA Mr. Dave Reece - Clark Construction Company Mr. Ron Syme - Wakely Associates Mr. Brad Pries - Clark Construction Company

CLARK Construction Company P•ofr.·;~ion<~l Con~'\rt . c\ior1 $~rviccs

Mr. Gino Del Pup Plante Moran CRESA 26300 Northwestern Hwy Southfield, Ml 48076

Re: Roofing Bids- BP#2 Bid Category 07 A Award Recommendations Clark Project #2678

Dear Mr. Del Pup:

Headquarters 3535 Moores River Dri ve

Lansing. Ml 48911 51 7.372.0940 phone 1517.372.0668 tux

Sou theast Michigan Ofncc 29 I I 0 Inkster Road. Suite ISO

Southfield. Ml 48034 24!!.286.1 000 phone 1248.286.1010 fnx

www clark•:c ~om

On April30, 2015 we received the bids for the Roofing for the Macomb County Central Campus Renovations Old County Building project. On May 291

h and June I 51, we conducted post bid

interviews with Lutz Roofing and Schena Roofing along with Mr. Ron Syme with Wakely Associates. The following information indicates the bids received and our intention for award of contract for this work.


·oti\ ·..: ·Roofiri9. · ·-· · · · · · · · · · · · · · · · · · · · · ·

Macomb County Vendor Price Base Bid

Alternate

.f ; .. .......


.. .. -.. --- ·--... ·- ··- ... ·· -- ---- ---- ........... ............ ~ - -- -- -· ----- ·- -- .. --- ·--- ----.... · -- · ·- ·- · ·- ·-- · ·-- · · ·- · · · ... ... -~ · · ·----- · ·---- ·ves·-- ... -- ·

........... .... .. -~-~~!l~_f3p_~~r'£L . .. ............................. --~~~?!?~~:~~- -- .... ... ... ........................ .. Yes

. ...... _......... . ~~~- R<?PJ!~9...... ..... . .......... _ ........... _.. . . ~-~~~..?-~~:~~-. . . .. .. .......... .. ... ___ ......... .. ..

Michigan's First Platinu rn Contractor An Equal Opportuni ty Ell\ploycr ISO 9001 & 14001 Certified

After review of the bid and conducting post bid review meetings concerning schedule, and assurance the bid is in accordance with the plans and specifications, Clark Construction Company is recommending award of a contract to Schena Roofing of Chesterfield, MI, the low qualified bidder for Bid Category No. 07 A - Roofing. The design drawings show partial reroofing and we asked for a price for a full new roof. Lutz Roofing provided a price of $91 ,290 for partial re-roof but strongly recommend a full new roof. Schena Roofing only provided a price for a full new roof. Due to the amount of patching a better long term solution to protect investment below is to provide a full new roof. After reviewing this issue with bidders, Wakely and Plante Moran it is our recommendation to provide a full new roof.


Base Bid: $286,240.00







Page 2

Mr. Dave Reece - Clark Construction Company Mr. Darren McKenna- Partners in Architecture Mr. Brad Pries - Clark Construction Company


CLARK ConstNCtlon Company Prohoutonal CoMUVC1it>n S.rvicn

May 28, 2015


Re: Bid Cat. 09A Drywall/Ceiling - BP#2 Old County Building Award Recommendations Clark Project #2678

Dear Mr. Del Pup:

Helldgu11rters 3535 Moores River Drive

Lansing, Ml 48911 517.372.0940 phone 1517.372.0668 fax

Southe11st Michigan Office 29110 Inkster Road, Suite 150

Southfield, Ml 48034 248.286.1000 phone 1248.286.1010 fax

www.ularkc.:.coln

On April 30, 2015 we received the bids for the General Trades for the Macomb County Central Campus Renovations Old County Building project. On May 20th we conducted post bid interviews with Commercial Contracting, Brinker Team and Pontiac Ceiling and Partition. Mr. Ron Syme with Wakely Associates also participated in the interviews. The following information indicates the bids received and our intention for award of contract for this work.


Commercial


Base Bid

Alternate 1 Macomb -

County Vendor

. ~<?~!~~~~i-~9 ............ .... -----~?!~_3-~._qg~:~_q .. . ~-~·.4~~!~-~~:~~- ... ··-· .. ................. -~~ ...... .

-r-11__,-.. , ... )

MIOS A' ; Michigan's First ...... --..... _... --....__ Platinum Contractor An Equal Opportunity Employer ISO 9001 & 14001 Certified


After review ofthe bids and conducting post bid review meetings concerning schedule, and assurance the bid is in accordance with the plans and specifications, Clark Construction Company is recommending award of a contract to Pontiac Ceiling and Partition of Pontiac, MI, the low qualified bidder for Bid Category No. 09A- General Trades. We received two identical bid amounts as the low bid, labor rates were ultimately used to determine the outcome.

The contract basis is intended to be as follows :

Base Bid: $2,425,000.00




Sincerely, ) CLARK CONSTRUCTION COMPANY

Elaine · amps Project Manager Clark Construction Company

cc: Mr. Jeff Atkins- Plante Moran CRESA Mr. Dave Reece - Clark Construction Company Mr. Ron Syme- Wakely Associates Mr. Brad Pries- Clark Construction Company

CLARK Construction Company

May27, 2015


Re: HV AC- BP#2 Old County Building A ward Recommendations Clark Project #2678

Dear Mr. Del Pup:

1-lcndqnnrt crs 3535 Moores Ri ver Drive

Lonsing. Ml4&911 S 17.372.0940 phone 1517.372.0668 fax

Southcnst Mic hlg Hn Office 291 1 0 Inkster Road. Su ite I :'iO

South11cld, Ml 48034 248.286.1000 phone 1248 286, I 010 fax

W\1' 11 clarke~ com

On April 30, 2015 we received the bids for the HVAC scope of work for the Macomb County Central Campus Renovations Old County Building project On May 18111 and 191

h we conducted post bid interviews with Great Lakes Mechanical, John E. Green, and RW Mead & Sons. Mr. Ron Syme with Wakely Associates also participated in the interviews along with Mr. Bart Reed of DiClemente Siegel Design Inc. The following information indicates the bids received and our intention for award of contract for this work. Please note the value of base bid for R W Mead & Sons was increased $130.000.00 from the date of bid opening as during the post bid interview it was determined that RW Mead & Sons had missed scope that both John E Green and Great Lakes Mechanical had included in their bids.


Vendor Price

Alternate _.,,_, jj,.j, ... _1:--~-

Base Bid

·:z3A.- :·tivA"c··- ~ ------------ --------- ---- --- ---- -- ------- ---------- --- -- ---- .. -·- ---- ---· ·-· ·- ·· · ·-·· · ·


------ -- ---------- ---------------------------- ------ · ·- ·- ·· ·· ····· ···· · · · ··-·· ··· · · · ·- .. --- · ·· · · · · · ···· · · · · -· ·- ·· ·ve·s · · · · · ·-Rw Mead & Sons $3,802,590.00 $3,841,000.00 -----.- -...... -- -- ---- -- -- ..... ---- -... -- -- ...... ... ..... ... .... ... ........ -.......... ... ..... .. .. ... ....... ... .. 'No ... .... . John E. Green $4,287,000.00 ----- .. -- ---- · ·-· · · · · · · · · · .. · .. · · · · .. · · · · · ·-- -- -- -·--- -··-- · · --- ... -·-- .... ----·-- -- --· · · ··· ··· · · · · .. · · · · · ···-- .. 'No.--·· ·-·

-' -.. -.. -- -' ·· ... . -~!~.i:!t. ~?-~~?. ~~~_h_._ . . . . . . ... ......... .... ..... .. . - - -~~i~-~~.-~Q~:~-~- ... . .. -.. . .... . .. . . .. . .. -. .. --. -. .. .

Michigan's .First Platinum Contractor An Lqunl Opportunity Employer ISO tlOOI & 140D l l'crtilkd


After review of the bids and conducting post bid review meetings concerning schedule, and assurance the bid is in accordance with the plans and specifications, Clark Construction Company is recommending award of a contract to RW Mead & Sons ofFraser, Ml, the low qualified bidder for Bid Category No. 23A- HV A C.


Base Bid: $3,841,000.00





Elaine Hampstead Project Manager Clark Construction Company

cc: Mr. Jeff Atkins- Plante Moran CRESA Mr. Dave Reece - Clark Construction Company Mr. Ron Syme- Wakely Associates Mr. Brad Pries - Clark Construction Company

CLARK Constnactlon Company

May 27,2015


Re: Electrical - BP#2 Old County Building A ward Recommendations Clark Project #2678

Dear Mr. Del Pup:

1-JcHtlguHrlrrs 3535 Moores River Drive

Lansing. MI 4RCJJI 517.372.0940 phone 1517.372.066!! fax

Southcnsl Michigan Office 29110 Inkster Road. Suite 150

Soulhlkld. Ml 48034 24R.286. 1000 phone 1248.286.1010 fax

On April 30,2015 we received the bids for the Electrical scope ofwork for the Macomb County Central Campus Renovations Old County Building project. On May 13th and 18th we conducted post bid interviews with LaBelle Electric, JMC Electrical, and Motor City Electric. Mr. Ron Syme with Wakely Associates also participated in the interviews along with Mr. Paul Avolio of DiClemente Siegel Design Inc. The following information indicates the bids received and our intention for award of contract for this work. Please note the value of base bid for JMC Electrical was increased $200,000.00 from the date of bid opening as during the post bid interview it was determined that JMC Electrical had missed scope that both Motor City Electric and Labelle Electric had included in their bids.



Alternate 1 Macomb

County Vendor

· 2s.A·: ·Eiecii-icai · · · · · · · · · · · · · · · · · · ·---- · ·---- · · · ·----·------------ · -- ·-------------- · ·-- ·---------- ·-- · ---- ·--------- · · · ·

:::::::::::::::::: :~:~t~~ ~i~~:~j~~~~i~: :::::::::::::::::::::::::::::: : :~~~~~~:~~~:-~:~: :::::::::::::::::: ::::::: ~~:::::::: LaBelle Electric $3,361 ,050.00 $3,395,000.00

Yes .............. ........................... _ .......................................................... ..... ·· ···--ve-5 ...... . .. . . . . .. .. . . . . . . . . -~~~- ~l~-~t!~~~~ ... .... -.--- .. -- ... -~~t~~~.?.19:99 ... -~~1~~~tq~~ .. ~-~- ................... ................ .

:::::::::::::::::: :: ::::::::::::::::::::~1::~~:::: :::::::::::.::: :::::::::::: :~:::::::: :::::::::::::::::: ::::::::::::::::::

Mich igan's Fir·st Platinum Contractor An Equal Opportunity Emp loyer ISO 'lOOI & 1400ll'crtiflcd


After review of the bids and conducting post bid review meetings concerning schedule, and assurance the bid is in accordance with the plans and specifications, Clark Construction Company is recommending award of a contract to Motor City Electric of Detroit, MI, the low qualified bidder for Bid Category No. 26A- Electrical.


Base Bid: $3,348,500.00





Elaine Hamp tend Project Manager Clark Construction Company

cc: Mr. Jeff Atkins- Plante Moran CRESA Mr. Dave Reece- Clark Construction Company Mr. Ron Syme- Wakely Associates Mr. Brad Pries- Clark Construction Company