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Home My WebLink AboutResolutions - 2010.09.01 - 10316September 1,2010 MISCELLANEOUS RESOLUTION #1.0209 BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON IN RE: FACILITIES MANAGEMENT/FACILITIES ENGINEERING - AWARD OF CONTRACT FOR POWERHOUSE DRIVE PAVEMENT REPAIR PROJECT TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: WHEREAS all roadways on the Oakland County Service Center. including Powerhouse Drive, are dedicated roadways and, as such. are the responsibility of the Road Commission of Oakland County (RCOC); and WHEREAS when the County determines roadway repair is required on the Service Center. the RCOC provides engineering and project management, while the County provides construction funding for the repair: and WHEREAS Powerhouse Drive is used constantly by maintenance vehicles servicing or otherwise accessing the Powerhouse, Administrative Annex II. and Central Garage and is now in poor condition and in need of repair: and WHEREAS the RCOC received bids on August 4, 2010 for roadway repair work in several municipalities in the County. including Powerhouse Drive; and WHEREAS the low bidder was Cadillac Asphalt of Clarkston, Michigan with a bid in the amount of $26,096.75 for the Powerhouse Drive portion of the bid; and WHEREAS total project costs of $28,700 are recommended by the Facilities Engineering Division, including the contract award of $26.096.75 and Contingency; and WHEREAS funding for the project is available in the FY 2010 Capital Improvement Program/Building Improvement Fund (#40100) Miscellaneous line item, and WHEREAS Corporation Counsel has prepared an inter-local agreement between Oakland County and the Road Commission of Oakland County for this project. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes an inter-local agreement with the Road Commission for Oakland County to proceed with partial repair of Powerhouse Drive pavement by contractor Cadillac Asphalt. in the amount of $26,096,75, BE IT FURTHER RESOLVED that the Board of Commissioners authorizes the Chairperson to sign the inter-local agreement between Oakland County and the Road Commission of Oakland County for this project. BE I-7 FURTHER RESOLVED that the Board of Commissioners authorizes transfer of funding in the amount of $28,700 from the Capital Improvement Program/Building Improvement Fund (#40100) to the Project Work Order Fund (#40400) for the Powerhouse Drive Pavement Repair Project (#100000001401) as detailed below: Building Improvement Fund #40100 1040101-989999-788001-40400Transfer Out ($28.700) Project Work Order Fund #4G400 1040101-989999-695500-40100Trenser In Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. _$28,700 FINANCE CO Finance Commttee Vote: Moton carried unanimo--Isly on a roll call vote POWER HOUSE DRIVE - REPAVING AGREEMENT between COUNTY OF OAKLAND and ROAD COMMISSION FOR OAKLAND COUNTY THIS AGREEMENT ("Agreement') is made between the Road Commission for Oakland County, a Michigan statutory public body corporate, with administrative offices at 31001 Lahser Road, Beverly Hills, MI 48025, (hereinafter *RCOC") and the County of Oakland, with offices at 1200 N. Telegraph Road, Pontiac, MI 48341 (hereinafter 'County') (collectively referred to as 'the Parties"), provides as follows: WHEREAS, the road referred to as Power House Drive located in the Oakland County Service Center in Pontiac, Michigan is in poor condition and in need of repairs, and WHEREAS, all of the roads in the Oakland County Service Center are dedicated roadways and physically maintained by RCOC, and WHEREAS, the RCOC has solicited bids for the repaving of Power House Drive in conjunction with several other repaving projects that the RCOC is undertaking elsewhere, and WHEREAS the County Department of Facilities Management/Facilities Engineering is satisfied that this Agreement with RCOC is the most cost-effective means of completing the necessary repairs to Power House Drive, NOW, THEREFORE, in consideration of the mutual benefits set forth herein, it is agreed between the Parties: 1. RCOC RESPONSIBILITIES a. The RCOC shall undertake and complete the repaving of the Power House Drive as described in 'Attachment A," which is hereby incorporated and made part of this Agreement. b. Except for the County's payment obligation described herein, the RCOC shall be solely responsible for providing any materials, equipment and labor necessary to complete this Power House Drive repaving project and shall be solely responsible for engaging, overseeing, and reimbursing any person(s) providing any material or labor to or in connection with this repaving project. c. In connection with this project, the RCOC shall comply with all applicable laws, regulations codes and ordinances and secure any necessary permits or licenses. POWER HOUSE DRIVE - REPAVING AGREEMENT between the COUNTY OF OAKLAND and the ROAD COMMISSION FOR OAKLAND COUNTY Page 1 of 3 2. COUNTY RESPONSIBILITIES a. Upon the RCOC's completion of the Power House Drive repaving project, the County shall pay the RCOC TWENTY-SIX THOUSAND, NINETY-SIX DOLLARS AND SEVENTY-FIVE CENTS ($26,096.75). b. The Parties recognize the possibility of construction contingencies involved with this project and the County authorizes its Department of Facilities Management to approve up to an additional Ten Percent (10%) of the above costs (i.e., $26,096.75), via written change orders, to address any such necessary project contingencies. 3. GENERAL TERMS a. This Agreement, and/or any subsequent amendments thereto, shall not become effective prior to approving resolutions by respective governing Boards of both Parties and as reflected and entered each Board's official minutes and filed with the Michigan Secretary of State as required in MCI §124.510. b. Any amendment or changes to this Agreement shall be in writing and approved by the respective governing Board of each Party. c. Each Party shall be responsible for any claims, damages, losses or liabilities made against that Party by any third party or person. In this regard, if necessary, each Party shall seek its own legal representation and bear the costs associated with such representation, including any attorney fees. Neither Party shall have any right under any legal principle to be indemnified by the other Party or by any of its employees or agents in connection with any such claims, damages, losses or liabilities. cr. This Agreement does not, and is not intended to, impair, divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, or immunity of the Parties. e. The Parties intend and agree that for all purposes under this Agreement, the RCOC's legal status and relationship to the County shall be that of an independent contractor. f. It is the intention of the Parties that this Agreement is not made for the benefit of any third party or person. g. This Agreement shall be construed, interpreted and governed in accordance with the laws of the State of Michigan. h. This Agreement includes three (3) pages and Attachment A. Except as otherwise expressly stated herein, this Agreement represents the entire agreement and understanding between the Parties. This Agreement supersedes POWER HOUSE DRIVE - REPAVING AGREEMENT between the COUNTY OF OAKLAND and the ROAD COMMISSION FOR OAKLAND COUNTY Page 2 of 3 all other oral or written understandings between the Parties in any way related to this 2010 Power House Drive repaving project, IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed by their duly authorized representatives as of the date above. The signatories warrant that they are authorized to execute this Agreement on behalf of their respective organizations. ROAD COMMISSION FOR OAKLAND COUNTY By: Brent O. Bair Its: Mannino Director Dated: COUNTY OF OAKLAND By: Its: Dated: POWER HOUSE DRIVE - REPAVING AGREEMENT between the COUNTY OF OAKLAND and the ROAD COMMISSION FOR OAKLAND COUNTY Page 3 of 3 i , • .00010.101.211%-arrAMIIMMAr re r=_Alnw • - .41iiii404.11r`API;Iiiir -AllPlillirAMA~511.100/rennionimill..0.11.111111•1110100Proirnallirilr. Mar- 4710" , , 44\ arl "CA )1-lta A, I inr-171 1 Jihr-t^ . GRAND TfZUT:4K RAILROAD ..., . - .. I. POWER HOUSE 22 EAST ..... 11 POWERHOUSE DPJVE MANUNE PAV1N_C 310,538.70 la $8,250.45 (?) $7,307.60 TOTALS; 526,096.75 .E.X.E&ABLEta N/A N/A e N/A N/A N/A n w.n..kna annnr er% uAtkna annnr ^7 Liktn CD .111. 00.4UNZA MAW AVER f-CUSE ZRIVE OAKLAND COUNTY/ROAD COMMISSION FOR OAKLAND COUNTY INTER-LOCAL AGREEMENT ATTACHMENT A POWER HOUSE DRIVE PAVEMENT REPAIR PLAN AUGUST 24, 2010 MIN .0"." E TgAIREGOING RESOLUTION Resolution #10209 September 1, 2010 Moved by Nash supported by Gosselin the resolutions (with fiscal notes attached) on the Consent Agenda be adopted. AYES: Burns, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray. Middleton, Nash, 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. 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 September 1, 2010, with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seat of the County of OaMend at Pontiac, Michigan this 1st day of September, 2010. Ruth Johnson, County Clerk