HomeMy WebLinkAboutResolutions - 2012.04.18 - 20162°
Miscellaneous Resolution #12076
BY: Commissioner David W. Potts, District 20
RE: BOARD OF COMMISSIONERS - TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR
2012 APPROPRIATION - CITY OF BLOOMFIELD HILLS - LONG LAKE ROAD AT
EPPING LANE - PROJECT NO, 51221
TO: Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS since the 197Cs, the Oakland County Board of Commissioners has
authorized the Trd-Party Road improvement Program to assist Oakland County's
cities, villages and townships (CVTs) with the construction, maintenance and
repair of roads under the supervision, direction and control of the Road
Commi ssion for Oakland County; and
WHEREAS Miscellaneous Resolution 109221 established the revised Tri-Party
Road improvement Program - Funding and Project Approval Process; and
WHEREAS Miscellaneous Resolution #09221, as amended by Miscellaneous
Resolution #10045, provides •tnat any Oakland County appropriation in support
of the Tri-farLy Road Improvement Program shall be distributed only from the
designated General Fund Tr-Party Program fund balance after completion of
all of the following:
The Road Commission for Oakland County (RCOC) and a city, village,
or township. CVT) have identified a orojec: and the project is ready
to be undertaken immediately; and
2. The RCGC has appropriated its 1/3 share of the funding for the
project and transferred said aopropriation to a project account; and
3. The CVT has authorized its 1/3 share of the funding for the project
and has executed a contract for payment_ with the RCOC; and
4. The Commissioner(s) representing the CVT requesting the project
submits 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 are
re [eased from the Tr-Party Program designation account; and
WHEREAS the City of Bloomfield Hills, along with the RCOC has identified a
project and said project is ready to be undertaken immediately; and
WHEREAS the PCOC has appropriated its one-third (1/3) share of the funding
for the project in the City of Bloomfield Hills and said appropriation has
been transferred to a project account; and
WHEREAS the City of Bloomfield Hills has demonstrated that it has authorized
its one-tnird (1/3) share of the funding for the project and has executed a
contract for payment with the DCOC; and
WHEREAS Oakland County's one-third (1/3) share of the Fiscal Year 201 2
authorized amount of lit-Party Road improvement funding for tne City of
Bloomfield Hill is 810,000.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
hereby approves tne project_ submitted by the City of Bloomfield Hills and
authorires the release of Tr-Party Road improvement Program funds from the
Oakland County Designated Fund Balance.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward
copies of this resolution to the Road Commission for Oakland County, Oakland
County Riscal Services and the City of Bloomfield Hills.
Chairperson, I move the acioption,04Z,the foregoing Resoluit..4n.
David V/ .\.2otts , Distrilk 20
Board of Road Commissioners
Ronald J. Fawkes
Commissioner
Gregory C. Jarnian
Commissioner
Eric S. Wilson
Commissioner
Breni 0, 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
248-645-0452
TOO
248-645-9923
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=ROA -Ce.f.,4!.1,151CX‘
for OAKLAND COUNT
QUALITY LIFE THROUGH 0000 ROADS:
ROAD COMINGS-ON FOR OAKLAND COUNTY
WE CARE"
March I t 2012
Ms. Amy Burton, Clerk
City of Bloomfield Hills
45 East Long Lake Road
Bloomfield Hills, MI 48304-2322
Re: PROJECT NO. 51221, LONG LAKE ROAD
AT EPPING LANE
Dear Ms. Burton:
A fully signed and executed agreement for the above mentioned project
is enclosed.
The agreement was approved and subsequently signed by Dennis G.
Kolar, RE., Managing Director at the regularly scheduled Board meeting
of Thursday, March 1, 2012.
Please contact Thomas G. Noechel, Programming Supervisor at (248)
645-2000 ext. 2266 to answer questions or for additional information.
Sincerely,
Patricia Z. VVierzbicki
Deputy-Secretary /Clerk of the Board
Ism
Enclosure
c: Dennis Lockhart
Tom Blust
Torn Noechei
,,Trito......$bavid •
TGN/je
Attachment (2)
• Thomas G. Bust. RE.
irector of Engineering
Recommended for Board Approval
/1
c0j/ivri-0
/4„4-
Quality Life through Good Roads "We Care"
for OAKLA'' D C&NTY
Inter—Departmental Memorandum
PROGRAMMING DIVISION
DATE: February 17, 2012
To: Thomas G. Biust, P.E.
Director of Engineering
FROM: Thomas G. NoecheI lTh
Programming Supervisor
SUBJECT: PROJECT NO. 51221, LONG LAKE ROAD
AT EPPING LANE
LOCAL COST PARTICIPATION AGREEMENT
Attached for your review and submission to the Board for their approval is the local cost
participation agreement with the City of Bloomfield Hills for the paved approach
Improvements on Long Lake Road at Epping Lane.
The City of Bloomfield Hills has elected to use the Td-Party Program to fund the
estimated total project cost of $30,000. Our share is estimated to be $10,000 and is in
the FY12 budget.
The project is in the district of County Commissioner David Potts. The agreement is in
our standard approved format, and I recommend Board approval and authorize the
Managing Director to execute the agreement on behalf of the Board.
COST PARTICIPATION AGREEMENT
Long Lake Road
At Epping Lane
City of Bloomfield Hills
BOARD PROJECT NO. 51221
This Agreement, made and entered into this 15-1 day of 44)...Ms-- , 2012,
by and between the Board of Road Commissioners for the County of Oakland, Michigan,
hereinafter referred to as the BOARD, and the City of Bloomfield Hills, hereinafter referred to as
the COMMUNITY, provides as follows:
WHEREAS, the BOARD and the COMMUNITY have programmed the paved approach
improvements on Long Lake Road at Epping Lane, 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 $30,000; and
WHEREAS, said PROJECT involves certain designated and approved Tr-Party Program
funding in the amount of $30,000, 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 arid complete the PROJECT, as
above described, under Road Commission for Oakland County permit, and shall
perform all preliminary engineering, 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 estimated total PROJECT cost of $30,000 shall be funded as follows:
a. Tri-Party Program funding in the amount of $30,000.
b. Any PROJECT costs above the Tr-Party Program funding of $30,000 will
be funded first with any available Tr-Party Program Funds. If no Tr-Party
Program Funds are available, any PROJECT costs above $30,000 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 $10,000 (being 100% of the BOARD'S Tri-Party
contribution).
a. The invoice shall be sent to:
Julie Enders, Engineering Aide
Road Commission for Oakland County
31001 Lahser Road
Beverly Hills, MI 48025
6. After execution of this agreement, the COMMUNITY shall submit an invoice to the
COUNTY in the amount of $10,000 (being 100% of the COUNTY'S Tr-Party
contribution) on April 1, 2012.
Long Lake Road
City of Bloomfield Hills
Project No. 51221
12/20/2011
2
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, Ml 48328
7. 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.
8. Within 90 days of completion of the PROJECT, the COMMUNITY shall submit to
the BOARD the following:
a. A cover letter originated by the COMMUNITY certifying that the PROJECT
is now complete.
b. A copy of the FINAL payment estimate paid to the contractor.
C. One copy of the complete set of the as-built construction plans containing
the adjusted quantities of the PROJECT.
Long Lake Road
City of Bloomfield Hills
Project No. 51221
12/19/2011
Bv Le4-7/yr.o AO, BY C,4_)1-7/ne
. Its Managing Director
City of Bloomfield Hills
BOARD OF ROAD COMMISSIONERS FOR THE
COUNTY OF OAKLAND
A Public Body Corpora,.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
date first written above.
RS City Manager
4 Long Lake Road
City of Bloomfield Hills
Project No 51221
12/19/2011
Preliminary Engineering
Construction Engineering
Contractor Payments
Total Estimated Project Cost
$ 2,400
$ 3,600
$24,000
$30,000
EXHIBIT A
TRI-PARTY PROGRAM
Long Lake Road
At Epping Lane
City of Bloomfield Hills
BOARD PROJECT NO. 51221
Paved approach improvement.
ESTIMATED PROJECT COST
COST PARTICIPATION BREAKDOWN
_
COMMUNITY COUNTY BOARD TOTAL
FY09 Tri-Party 19 $ 19 $ 20 $ 58
_._
FY10 Tri-Party — $ 5,646 $ 5,646 $ 5,646 $16,938
FY11 Tri-Party $ 4,335 $ 4,335 $ 4,3:141 $13,004
TOTAL SHARES $10,000 - $ 0,000 --$10,000 $30,000 -
__.
Long Lake Road
City of Bloomfield Hills
Project Na. 51221
12/1912011
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 shalt 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 far 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 casts 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
indirecby 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, Sco_pe: 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.
Long Lake Road
City of Bloomfield Hills
Project No. 51221
12/19/2011
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
Long Lake Road
City of Bloomfield Hiirs
Project No. 51221
12/19/2011
7
8
with mechanical equipment; and (b) collapse or structural injury to structures due to blasting or explosion,
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 subsfitute 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, Owner's 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 Secfion without providing 30 day prior written notice to the Road Commission for Oakland County, M
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 shad 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.
Reports — The Contractor or his insurance carrier 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,
Long Lake Road
City of Bloomfield Hills
Project No. 51221
12/19/2011
Resolution #12076 March 22, 2012
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MISC. *12076) April 18, 2012
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL
YEAR 2012 APPROPRIATION — CITY OF BLOOMFIELD HILLS — LONG LAKE ROAD AT EPPING
LANE — PROJECT NO. 51221
TO: The Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
Miscellaneous Resolution and finds:
1. On December 15, 2011, the Board of Commissioners approved Miscellaneous Resolution #11305
which designated $2,876,802 in fund balance for the Tr-Party Road Improvement Program for
projects managed by the Road Commission for Oakland County (RCOC).
2. Funding of $10,000 is available in the General Fund Designated Fund Balance for Tr-Party 2012
and prior funding (account #383510) for project 51221.
3. This project is for the paved approach improvements on Long Lake Road at Epping Lane.
4. The FY 2012 budget be amended as follows:
General Fund #10100
Revenue
9010101-196030-665882 Planned Use of Fund Balance
Total Revenues
Expenditures
9010101-153010-740135 Road Commission Tr-Party
Total Expenditures
FY 2012
$10,000
$10,000
$10,000
$10,000
JI.N.ANCE C9.MMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Crawford and Quarles absent.
Resolution #12076 April 18, 2012
Moved by Crawford supported by Middleton the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Crawford, Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Jackson, Long, Matis,
McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, River, Runestad, Scott, Taub, Weipert,
Woodward, Zack, Covey. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended
Consent Agenda were adopted (with accompanying reports being accepted).
I HEREBY APPROVE THE FOREGOING RESOLUTIOM
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Bill Bullard Jr., Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true
and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on April 18,
2012, with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac, Michigan this 18th day of April, 2012.
Raf2_ u0224,1
Bill Bullard Jr., Oakland County