HomeMy WebLinkAboutResolutions - 2010.07.07 - 10135Chairperson, we move the adoption of the foreg/ing Resplution
Steven H. Schwartz, trict 14 Jim/Nash, District 15
Miscellaneous Resolution #10145
BY: Commissioners Steven H. Schwartz, District 14; Jim Nash, District 15
RE: BOARD OF COMMISSIONERS - TRI -PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR
2010 APPROPRIATION - CITY OF FARMINGTON HILLS PROJECT NO. 50451
TO: Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS since the 1970s, the Oakland County Board of Commissioners has authorized
the discretionary Tr-Party Road Improvement Program to assist Oakland County's
cities, villages and townships (CVTs; with the construction, maintenance and
repair of roads located within the boundaries of an Oakland County CVT and under
the supervision, direction and control of the Road Commission for Oakland County;
and
WHEREAS Miscellaneous Resolution #09221 established the revised Tr-Party Road
Improvement Program - Funding and Project Approval Process; and
WHEREAS Miscellaneous Resolution #09221, as amended by Miscellaneous Resolution
#10045, provides that any discretionary Oakland County appropriation in support
of the Tr-Party Road Improvement Program shall be distributed only from the
designated General Fund Tr-Party Program fund balance and may be made only after
completion of all of the following:
1. The Road Commission for Oakland County (RCOC) and an individual city,
village, or township (CVT) have identified a specific project and said
project is ready to be undertaken immediately; and
2. The RCOC has appropriated its 1/3 share of the funding for the project
and transferred said appropriation to a specific project account; and
3. The CVT has authorized its 1/3 share of the funding for the project and
has executed a written contract for payment with the RCOC; and
4. The Commissioner(s) representing the CVT requesting the project submits
to the Board of Commissioners Finance Committee a resolution
authorizing the appropriation of the County's
1/3 share of the project from the General Fund Designated Fund Balance
for Tr-Party Program. The resolution shall be approved by the Finance
Committee and the full Board before any funds may be released from the
Tr-Party Program designation account; and
WHEREAS the City of Farmington Hills, along with the Road Commissioner for
Oakland County has identified a specific project and said project is ready to be
undertaken immediately; and
WHEREAS the Road Commission for Oakland County has appropriated its one-third
(1/3) share of the funding for the identified project in the City of Farmington
Hills and said appropriation has been transferred to a specific project account;
and
WHEREAS the City of Farmington Hills has demonstrated that it has authorized its
one-third (1/3) share of the funding for the specified project and has executed a
written contract for payment with the Road Commission for Oakland County; and
WHEREAS Oakland County's one-third (1/3) share of the Fiscal Year 2010 authorized
amount of Tr-Party Road Improvement funding for the City of Farmington Hills is
$ 25,000.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
hereby approves the project submitted by the City of Farmington Hills
as eligible for appropriation and authorizes the release of the specified Tr-
Party Road Improvement Program funds from the Oakland County General Fund
Designated Fund Balance.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward
copies of this adopted resolution to the Road Commission for Oakland County,
Oakland County Fiscal Services and the City of k'armington Hills.
Board of Road Commissioners
Gregory C. Jamian
Commissioner
Richard G. Skarritt
Commissioner
Eric S. Wilson
Commissioner
Brent O. Bair
Managing Director
Dennis G. Kolar, P.E.
Deputy Managing Director
County Highway Engineer
31001 Lahser Road
Beverly Hills, MI
48025
248-645-2000
FAX
248-645-1349
TOO
248-645-9923
www.rcocweb.org
=ROAD
COMILEFION
for OAKLAND COUNTY
QUALITY LIFE THROUGH GOOD ROADS_
ROAD COMMISSfON FOR OAKLAND COUNTY
WE CARE"
May 27, 2010
Ms. Kathryn A. Doman, Clerk
City of Farmington Hills
31555 W. Eleven Mile Road
Farmington Hills, MI 48336-1165
Re: CONSTRUCTION OF ACCELERATION AND DECELERATION
LANES ON 10 MILE ROAD AT BRIARHILL DRIVE. PROJECT
NO. 50451
Dear Ms. Doman:
A fully signed and executed agreement for the above mentioned project
is enclosed.
The agreement was approved and subsequently signed by Brent 0.
Bair, Managing Director at the regularly scheduled Board meeting of
Thursday, May 27, 2010.
Please contact Thomas G. Noechel Programming Supervisor at (248)
645-2000 ext. 2266 to answer questions or for additional information.
Sincerely,
Lditu* &gc,c`--0,&;
Patricia Z. wierzbicki
Deputy-Secretary /Clerk of the Board
/sjg
Enclosure 1 2 3 ro0
cc: Dennis Lockhart
Thomas G. Noechel
Tim Soave, Oakland County
COST PARTICIPATION AGREEMENT
10 Mile Road
At Briarhill Drive
City of Farmington Hills
BOARD Project 50451
This Agreement, made and entered into this 2:144% day of AA/ , 2010,
by and between the Board of Road Commissioners for the County of Oakland, Michigan,
hereinafter referred to as the BOARD, and the City of Farmington Hills, hereinafter referred to as
the COMMUNITY, provides as follows:
WHEREAS, the BOARD and the COMMUNITY have programmed the construction of
accel and decel lanes on 10 Mile Road at Briarhill Drive as described in Exhibit "A", attached
hereto, and made a part hereof, which improvements involve roads under the jurisdiction of the
BOARD and within the COMMUNITY, which improvements are hereinafter referred to as the
PROJECT; and
WHEREAS, the estimated total cost of the PROJECT is $75,000; and
WHEREAS, said PROJECT involves certain designated and approved Tri-Party Program
funding in accordance with the Tr-Party Program, in the amount of $75,000 from the Tr-Party
Program which amounts shall be paid through equal contributions by the BOARD, the
COMMUNITY and the Oakland County Board of Commissioners, hereinafter referred to as the
COUNTY; and
WHEREAS, the BOARD and the COMMUNITY have reached a mutual understanding
regarding the cost sharing of the PROJECT and wish to commit that understanding to writing in
this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants set forth herein and in
conformity with applicable law, it is hereby agreed between the COMMUNITY and the BOARD
that:
1. The COMMUNITY shall forthwith undertake and complete the PROJECT, as
above described, under Road Commission for Oakland County permit, and shall
perform all construction engineering, inspection and administration in reference
thereto.
2. The actual total cost of the PROJECT shall include preliminary engineering,
construction engineering and total payments to the contractor.
3. The cost of the PROJECT shall be funded in accordance with the following:
a. Tr-Party Program funding is not to exceed $75,000.
b. The COMMUNITY agrees that any PROJECT costs above the Tr-Party
Program funding of $75,000 will be funded 100% by the COMMUNITY.
4. The COMMUNITY will comply with the provisions as set forth in 'Exhibit B",
attached hereto.
5. Upon execution of this agreement, the COMMUNITY shall submit an invoice to the
BOARD in the amount of $12,500 (being 50% of the BOARD'S Tr-Party
contribution).
a. The invoice shall be sent to:
Ms. Sina Escoe, Construction Accountant
Road Commission for Oakland County
31001 Lahser Road
Beverly Hills, MI 48025
6. Upon execution of this agreement, the COMMUNITY shall submit an invoice to the
COUNTY in the amount of $12,500 (being 60% of the COUNTY'S Tr-Party
contribution).
a. The invoice shall be sent to:
Mr. Tim Soave, Manager of Fiscal Services
Executive Office Building
2100 Pontiac Lake Road, Building 41 West
Waterford, MI 48328
4/16/10.50451.10Mi at Briattill 2
7. As costs of the PROJECT are incurred, the COMMUNITY shall invoice the
BOARD for the remaining 50% of the BOARD'S Tr-Party contribution, not to
exceed $12,500.
8. As costs of the PROJECT are incurred, the COMMUNITY shall invoice the
COUNTY for the remaining 50% of the COUNTY'S Tr-Party contribution, not to
exceed $12,500.
9. Upon receipt of said invoice(s), the BOARD and the COUNTY shall pay to the
COMMUNITY the full amount thereof, within thirty (30) days of such receipt.
10. Within 90 days of completion of the PROJECT, the COMMUNITY shall submit to
the BOARD one copy of the complete set of the As-built construction plans
containing the adjusted quantities of the PROJECT.
4/1 6/10.50451.1 IIMi at Briarhill 3
By.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
date first written above.
BOARD OF ROAD COMMISSIONERS FOR THE
COUNTY OF OAKLAND
A Public Body Corporate
Managing Director
City of Farmington Hills
By .c7.
S- r.2Z fre' it (C
Its c
Its
4/16/10.50451.10Mi at Briarhill 4
Preliminary Engineering
Contractor Payments
Construction Engineering
$ 4,500
63,000
7.500
Total Estimated Project Cost 75,q00
EXHIBIT A
TRI-PARTYPROGRAM
2010
County Supported Road Improvements
10 Mile Road
At Briarhill Drive
City of Farmington Hills
BOARD PROJECT NO. 50451
Construction of accel and decel lanes on 10 Mile Road at Briarh ill Drive.
ESTIMATED PROJECT COST
i
COST PARTICIPATION BREAKDOWN
COMMUNITY COUNTY BOARD TOTAL
FY08 Tri-Party $ 339 $ 339 $ 340 $ 1,018
FY09 Tr-Party 24,661 24,661 24,660 $73,982
TOTAL SHARES $25,000 - $25,000 $25,000 $75,000
4116/10.50451.10Mi at Brfarhill 5
Exhibit B
PROVISIONS
Bidding: The COMMUNITY shall select the contractor for its share of the work, on a competitive basis by
advertising for sealed bids in accordance with its established practices.
Bonds — Insurance: The COMMUNITY shall require the contractor provide payment and performance bonds for the
PROJECT; said bonds to be in compliance with the provisions of 1963 PA 213 as amended, compiled at MCL
129.201, et seq.
Further the COMMUNITY shall require the contractor to provide insurance naming the Road Commission for Oakland
County as additional named insured's. Coverage's shall be substantial, as set forth in Exhibit C attached hereto.
Records: The parties shall keep records of their expenses regarding the PROJECT in accordance with generally
accepted accounting procedures, and shall make said records available to the other during business hours upon
request giving reasonable notice. Such records shall be kept for three (3) years from final payment
Final costs shall be allocated after audit of the records and adjustments in payments shall be invoiced and paid within
thirty (30) days thereafter,
EEO: The COMMUNITY shall require its contractor to specifically agree that it will comply with any and all applicable
State, Federal, and Local statutes ordinances, and regulations, and with RCOC regulations during performance of the
SERVICES and will require compliance of all subcontractors and sub consultants.
In accordance with Michigan 1976 PA 453, the COMMUNITY hereto agrees not to discriminate against an employee
or applicant for employment with respect to hire, tenure, terms, conditions or privileges of employment, because of
race, color, religion, national origin, age, sex, height, weight or marital status. Further, in accordance with Michigan
1976 PA No. 220, as amended, the parties hereby agree not to discriminate against an employee or applicant for
employment with respect to hire, tenure, terms, conditions or privileges of employment, or a matter directly or
indirectly related to employment, because of a disability that is unrelated to the individual's ability to perform the
duties of a particular job or position.
The COMMUNITY further agrees that it will require all subconsultants and subcontractors for this PROJECT comply
with this provision.
Governmental Function, Scope: It is declared that the work performed under this AGREEMENT is a governmental
function. It is the intention of the parties hereto that this AGREEMENT shall not be construed to waive the defense of
governmental immunity held by the RCOC, and the COMMUNITY.
Third Parties: This AGREEMENT is not for the benefit of any third party.
4/1 6/1 0.50451.10M1 at Briarhill 6
EXHIBIT C .
LIABILITY AND INSURANCE REQUIREMENTS
Hold Harmless Agreement: The Contractor shall hold harmless, represent, defend and indemnify the Board of
County Road Commissioners of Oakland County, the Road Commission for Oakland County, its officers and
employees; the County of Oakland; the Water Resources Drain Commissioner and relevant drainage district(s), if
applicable; the Michigan State Transportation Commission; the Michigan Department of Transportation; and the local
unit(s) of government, within which the Project is located against all claims for damages to public or private property,
for injuries to persons, or for other claims arising out of the performance or non-performance of the contracted work,
whether during the progress or after the completion thereof.
Insurance Coverage: The Contractor, prior to execution of the contract, shall file with the Road Commission for
Oakland County, copies of complete certificates of insurance as evidence that he carries adequate insurance
satisfactory to the Board. Insurance coverage shall be provided in accordance with the following:
a. Workmen's Compensation Insurance: To provide protection for the Contractor's employees, to the statutory
limits of the State of Michigan and $500,000 employer's liability. The indemnification obligation under this
section shall not be limited in any ways by any limitation on the amount or type of damages, compensation or
benefits payable by or for the Contractor under worker's disability compensation coverage established by
law.
b. Bodily Injury and Property Damage Other than Automobile: To afford protection against all claims for
damages to public or private property, and injuries to persons arising out of and during the progress and to
the completion of the work, and with respect to product and completed operations for one year after
completion of the work.
1. Bodily Injury Liability or. Single Limit: Bodily Injury and Property Damage
Each Person: $1,000,000 Each Occurrence: $1,000,000
Each Occurrence $1,000,000 Aggregate: $2,000,000
Aggregate $2,000,000
Property Damage Liability:
Each Occurrence: $250,000
Aggregate: $250,000
Such insurance shall include: 1) explosion, collapse, and underground damage hazards (x,c,u), which shall
include, but not be limited to coverage for (a) underground damage to facilities due to drilling and excavating
with mechanical equipment; and (b) collapse or structural injury to structures due to blasting or explosion,
4/16/10.50451.10M at Briarhill 7
excavation, tunneling, pile driving, cofferdam work, or building moving or demolition; (2) products and
completed operations; (3) contractual liability; and (4) independent contractors coverage.
2. Bodily Injury Liability and Property Damage Liability - Automobiles (Comprehensive Auto Liability).
The minimum limits of bodily injury liability and property damage liability shall be:
Bodily Injury Liability or Single Limit: Bodily Injury and Property Damage Liability
Each Person $500,000 Each Occurrence: $2,000,000
Each Occurrence $1,000,000
Property Damage Liability:
Each Occurrence: $1,000,000
Such insurance shall include coverage for all owned, hired, and non-owned vehicles.
c. Excess and Umbrellas Insurance — The Contractor may substitute corresponding excess and/or umbrella
liability insurance for a portion of the above listed requirements in order to meet the specified minimum limits
of liability.
d. The Contractor shall provide for and on behalf of the Road Commission for Oakland County and all agencies
specified by the Road Commission, as their interest may appear, Owners Protective Public Liability
Insurance. Such insurance shall provide coverage and limits the same as the Contractor's Public Liability
Insurance.
e. Notice — The Contractor shall not cancel, renew, or non-renew the coverage of any insurance required by
this Section without providing 30 day prior written notice to the Road Commission for Oakland County. All
such insurance shall include an endorsement whereby the insurer shall agree to notify the Road Commission
for Oakland County immediately of any reduction by the Contractor. The Contractor shall cease operations
on the occurrence of any such cancellation or reduction, and shall not resume operations until new insurance
is in force. If the Contractor cannot secure the required insurance within 30 days, the Board reserves the
right to terminate the Contract.
f. Reports — The Contractor or his insurance carder shall immediately report all claims received which relate to
the Contract, and shall also report claims investigations made, and disposition of claims to the County
Highway Engineer.
EXHIBIT C PAGE 2
4116/10.50451.10Mi at Briarhill 8
Resolution #10145 June 9, 2010
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MR #10145) July 7, 2010
BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON
IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM
FISCAL YEAR 2010 APPROPRIATION —CITY OF FARMINGTON HILLS PROJECT NO. 50451
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above
referenced resolution and finds:
1. Unused Tr-Party funding of $3,813,455 accumulated from Oakland County
appropriations from FY 2009 and prior was returned from RCOC and is
designated in the County General Fund (account #371509).
2. Funding of $25,000 is available in the General Fund Designated Fund Balance
for Tri Party 2009 and prior funding (account #371509) for the project 50451
construction of acceleration and deceleration lanes on 10 Mile Road at Briarhill
Drive.
3. The FY 2010 budget be amended as follows:
General Fund #10100
Revenue FY 2010
10100 9010101-196030-665882 Planned Use of Fund Balance $25,000
Total Revenues $25,000
Expenditures
10100-9010101-153010-740135 Tri Party $25,000
Total Expenditures $25,000
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Gingell, Greimel
and Taub absent.
Resolution #10145 July 7, 2010
Moved by Middleton supported by Coleman the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted.
AYES: Burns, Capello, Coleman, Coulter, Douglas, Gingell, Gosselin, Greimel, Hatchett, Jackson,
Jacobsen, Long, McGillivray, Middleton, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack,
Bullard. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda
were adopted.
I IEREBY APPROA,THE FOREGOING RESOLUTION
3/AD
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on July 7, 2010, with
the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac,
Michigan this 7th day of July, 2010.
Ruth Johnson, County Clerk
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