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HomeMy WebLinkAboutResolutions - 2012.05.17 - 20226David Potts, District Miscellaneous Resolution 412120 BY: Commissioners Robert Gosselin, District 13; Mike Bosnic, District 19; David W. Potts, District 20; Gary R. McGillivray, District 24 RE: Hnp.Pn OF rnmivf-rqq-mNEpS - TRT-PARTY ROAD TNIRROVviviv.Nm loRnrIphm wrqr25.T. YEAR 2012 APPROPRIATION - CITY OF TROY - WESTBOUND LONG LAKE ROAD - PROJECT NO. 51261 TO: Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS since the 1970s, the Oakland County Board of Commissioners has authorized the Tr-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 Commission for Oakland County; and WHEREAS Miscellaneous Resolution #09221 established the revised Iri-Party Road Improvement Program - Funding and Project Approval Process; and WHEREAS Miscellaneous Resolution #09221, as amended by Miscellaneous Resolution 410045, provides that any 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 after completion of all of the following: 1. The Road Commission for Oakland. County (ROOD) and a city, village, or township (CVT) have identified a project and the 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 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 Financd Committee and the full Board before any funds are released from the Tri-ParLy Program designation account; and WHEREAS the City of Troy, along with the RCOC has identified a project and said project is ready to be undertaken immediately; and WHEREAS the RCOC has appropriated its one-third (1/3) share of the funding for the project in the City of Troy and said appropriation has been transferred to a project account; and WHEREAS the City of Troy has demonstrated that it has authorized its one- third (1/3) shard of the funding for the project and has executed a contract for payment with the RCOC; and WHEREAS Oakland County's one-third (1/3) share of the Fiscal Year 2012 authorized amount of Tri-Party Road Improvement funding for the City . of Troy is $94,836. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the City of Troy and authorizes 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 copes of this resolution to the Road Commission for Oakland County, Oakand County Fiscal Services and the City of Croy. Chalbberson, we mow adoption of the forhg9ing Resolution. - iT Mike Bosnic, ;J-1-7Irict 19 Gary n. McGillivray, tistrict 24 April 12, 2012 Ms. Aileen Bittner, Clerk City of Troy 500 W. Big Beaver Road Troy, MI 48084-5285 Re. PROJECT NO. 51261, 2012 CONCRETE SLAB REPLACEMENT WESTBOUND LONG LAKE ROAD FROM CROOKS ROAD TO NORTHFIELD PARKWAY Dear Ms. Bittner: A fully signed and executed agreement for the above mentioned project is enclosed. The agreement was approved and subsequently signed by Dennis G. Kolar, P.E., Managing Director at the regularly scheduled Board meeting of Thursday, April 12, 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 ) C- S L 1=1=ROAD COPINISSION for OAKLAND COUNTY QUALITY LIFE THROUGH GOOD ROADS: ROAD COMMISSION FOR OAKLAND COUNTY "WE CARE." 'Board of Road Commissioners Ronald J. Fowkes Commissioner Gregory C. Jamian Commissioner . Eric S. Wilson Commissioner • 1.. P.E. :g ti-';'ector ;Lotrowicz, P.E.„ P.T.O.E. Deputy Managing Director County Highway Engineer 31001 Lahser Road Beverly Hills, Ml 48025 248-645-2000 FAX 248-645-0452 TDD 248-645-9923 www.rcocweb.org /s m Enclosure cc: Dennis Lockhart Tom Blust Tom Noechel Tim Soave TGN/je Recommended for rd APP Attachment (2) Quality Life through Good Roads "We Care" 97401,01LC "40,1111:011:155117Ar Inter—Departmental Memorandum PROGRAMMING DIVISION DATE: March 16, 2012 To: Thomas G. Blust, RE. Director of Engineering FROM: Thomas G. Noechel Programming Supervisor SUBJECT: PROJECT NO. 51261, 2012 CONCRETE SLAB REPLACEMENT WESTBOUND LONG LAKE ROAD FROM CROOKS ROAD TO NORTHFIELD PARKWAY 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 Troy for concrete slab replacement on westbound Long Lake Road from Crooks Road to Northfield Parkway. The City of Troy has elected to use the Tr-Party Program to fund the estimated total project cost of $284,509. Our share is estimated to be $94,837 and is in the FY12 budget. The project is in the district of County Commissioner Robert Gosselin. 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. as G. Blust, RE. Director of Engineering I, ?')-I\ ( i ', r-- "..—..— ..., ; u . :,) v , 1 , \ c 1 ; • '',.../ /' i, i 1 COST PARTICIPATION AGREEMENT 2012 Concrete Slab Replacement Westbound Long Lake Road From Crooks Road to Northfield Parkway City of Troy Board Project No. 51261 This Agreement, made and entered into this \--/—AA/._ day of , 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 Troy, hereinafter referred to as the COMMUNITY, provides as follows: WHEREAS, the BOARD and the COMMUNITY have programmed the concrete slab replacement on Westbound Long Lake Road from Crooks Road to Northfield Parkway, 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 $284,509; and WHEREAS, said PROJECT involves certain designated and approved Tr-Party Program funding in the amount of $284,509, which amount 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 or cause to be performed all preliminary engineering services and administration in reference thereto. The actual total cost of the PROJECT may include total payments to the contractor. The COMMUNITY shall comply with the provisions as set forth in Exhibit "B" attached hereto. 4. The COMMUNITY shall comply with the liability and insurance requirements as set forth in Exhibit "C" attached hereto. 5. The estimated total PROJECT cost of $284,509 shall be funded as detailed below: a. The Tr-Party Program funding is not to exceed $284,509. b. The COMMUNITY agrees that any PROJECT costs above the Tr-Party Program funding of $284,509 will be funded 100% by the COMMUNITY. 5. Upon execution of this agreement, the COMMUNITY shall submit an invoice to the BOARD in the amount of $47,418 (being 50% of the BOARD'S Tr-Party contribution). a. The invoice shall be sent to: Ms. Julie Enders, Engineering Aide Road Commission for Oakland County 31001 Lahser Road Beverly Hills, MI 48025 7, Upon execution of this agreement, the COMMUNITY shall submit an invoice to the COUNTY in the amount of $47,418 (being 50% of the COUNTY'S Tr-Party contribution) on May 2, 2012. 2012 Concrete Slab Replacement City of Troy Project No 51261 2/14/2012. - 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, MI 48328 8. 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 $47,418. 9. 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 $47,418. 10. 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. 11. 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. .3 - 2012 Concrete Slab Replacement City of Troy Project No. 51261 2114/2012 BOARD OF ROAD COMMISSIONERS FOR THE COUNTY OF OAKLAND A Public Body Corporate „, Managing Director By Its IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and date first written above. RS City Clerk 2012 Concrete Slab Replacement City of Troy Project No, 51261 2/14/2012 -4- Total Estimated Project Cost Contractor Payments $284,509 $284,509 EXHIBIT A TRI-PARTY PROGRAM 2012 Concrete Slab Replacement City of Troy Project No. 51261 Concrete slab replacement on Westbound Long Lake Road from Crooks Road to Northfield Parkway. ESTIMATED PROJECT COST COST PARTICIPATION BREAKDOWN COMMUNITY BOARD COUNTY TOTAL 2010 Tri-Party Program $ 461 $ 462 $ 461 $ 1,384 2012 Tr-Party Program $ 94,375 $ 94,375 $ 94,375 $283,125 1 TOTAL SHARES $ 94,836 . $ 94,837 $ 94,836 $284,509 1 2012 Concrete Slab Replacement City of Troy Project No, 51261 2/14/2012 - 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 subconsultants. 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. 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: 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, 2012 Concrete Slab Replacement City of Troy Project No 51261 2/14/2012 - 7 - Resolution #12120 May 2, 2012 The Chairperson referred the resolution to the Finance Committee. There were no objections. FISCAL NOTE (MISC. #12120) May 17, 2012 BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2012 APPROPRIATION — CITY OF TROY — WESTBOUND LONG LAKE ROAD — PROJECT NO. 51261 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 $94,837 is available in the General Fund Designated Fund Balance for Tr-Party 2012 and prior funding (account #383510) for project 51261. 3. This project is for concrete slab replacement on Long Lake Road from Crooks road to Northfield Parkway. 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 $94,837 $94,837 $94,837 $94,837 EE COMIVRTTE.E ; FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Woodward and Quarles absent. 1 10 1973 r49 Resolution #12120 May 17, 2012 Moved by Taub supported by Zack the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Covey, Crawford, Dwyer, Gershenson, Gingell, Gosselin, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, River, Runestad, Scott, Taub, Weipert, Woodward, Zack, Bosnic. (24) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted (with accompanying reports being accepted). I HEREBY APPROVE THE FOREGOING RESOLUTIC!;: 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 May 17, 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 17 th day of May, 2012. Bill Bullard Jr., Oakland County