HomeMy WebLinkAboutResolutions - 2013.03.21 - 20741Chairperson, I move the adoption of the foregoifg Re4folution.
1 Weipe'f€, District 8
Miscellaneous Resolution #13060
BY: Commissioner Phil WeIpert, District 8
RE: BOARD OF COMMISSIONERS - TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2013
APPROPRIATION - CHARTER TOWNSHIP OF LYON - PRELIMINARY ENGINEERING GRISWOLD
ROAD PAVING FROM 8 MILE ROAD TO 9 MILE ROAD - PROJECT NO. 51682
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, as amended by Miscellaneous Resolution
#10045, provides that any Oakland County appropriation in support of the Tr-Party
Road Improvement Program shall be distributed only after completion of all of the
following:
r. The Road Commission for Oakland County (RCOC) 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 Finance
Committee and the full Board; and
WHEREAS the Charter Township of Lyon, along with the RCOC has identified a project
and said project is ready to be undertaken immediately; and
WHEREAS the RCOC has appropriated its 1/3 share of the funding for the project in
the Charter Township of Lyon and said appropriation has been transferred to a
project account; and
WHEREAS the Charter Township of Lyon has demonstrated that it has authorized its
1/3 share 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 2013 authorized
amount of Tr-Party Road Improvement funding for the Charter Township of Lyon is
$46,070.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves the project submitted by the Charter Township of Lyon and authorizes the
release of Tr-Party Road Improvement Program funds from the Oakland County
Designated Fund Balance.
BE IT FURTHER RESOLVED additional project costs, not greater than 15% from the
original agreement, which are consistent with the project as originally approved,
will be paid when invoiced and appropriated in the quarterly forecast resolution_
BE IT FURTHER RESOLVED that additional project costs exceeding 15% of the original
agreement will require a separate Finance Committee resolution.
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 Fiscal
Services and the Charter Township of Lyon.
Sincerely,
www.rcocweb.org
tOO YFAIIS OF TRANSPORTAIION EXCRLENCE
February 21, 2013
Ms. Michele Ortiz-Cash, Clerk
Charter Township of Lyon
58000 Grand River Avenue
New Hudson, MI 48165
Re: PROJECT NO. 51682, Griswold Road
8 Mile Road to 9 Mile Road
Local Cost Participatipil, 4\greenVnt
Dear Ms. Cash:
BparT-i -
Ronald J. Fawkes
Commissioner
Gregory C. Jarnian
Commissioner
Eric a Wilson
Commissioner
Dennis G, Kolar, PE
Managing Director
Gary Piofrowlcz, P.E.,
Deputy Managing Director
County Highway Engineer
A fully signed and executed contract for the above-referenced project is
enclosed.
The agreement was approved and'Subsequently signed by Dennis G. Kolar,
Managing„Director at the regUlarly SChedpled Board meeting of
Thursday, February 21, 2013.
Please contact Thomas G_;Kipechet,1 :-Prpgfaoming,St.tperyisor at (248) 645-
2000 ext. 2268 to answer ,any.4(restiglis:4)(fOr aldjtiOnal . information.
Lt-r- -
Patricia Z. Wierzbicki
Deputy-Secretary /Clerk of the Board
Ism
Enclosure
Clerk of the Board
31001 Lahser Road
Beverly Hills, Mt 48025
248-645-2000
FAX
248-645-1349
cc: Dennis Lockhart
Tom Blust
Tom Noechel
ecommencted tBoard Approval
- CENTE NIAL
CIPOWILI
for OAKLAND COUNTY -013
100 YEARS OF TRANSPORTATION EXCELLENCE
PROGRAMMING DIVISION
DATE: February 8, 2013
To: Thomas G. Blust, RE.
Director of Engineering
FROM: Thomas G. Noechel 1;614
Programming Supervisor
SUBJECT: PROJECT NO 51682, GRISWOLD ROAD
EIGHT MILE ROAD TO NINE MILE ROAD
LOCAL COST PARTICIPATION AGREEMENT - LYON TOWNSHIP
Attached for your review and submission to the Board for their approval is the local cost
participation agreement with the Charter Township of Lyon for the preliminary
engineering for the future gravel road paving on Griswold Road from Eight Mile Road to
Nine Mile Road.
The Charter Township of Lyon has elected to use the Tr-Party Program to fund the
estimated total design cost of $138,210. Our total share i5 estimated to be $46,070 and
is in the FY13 budget.
The project is in the district of County Commissioner Philip J. Weipert. The agreement
is in our standard approved format and. I, recommend Board approval and authorize the
Managing Director to execute the agreement On behalfof the Board.
/je
Attachments
C c )J)
COST PARTICIPATION AGREEMENT
PRELIMINARY ENGINEERING
Griswold Road
Eight Mile Road to Nine Mile Road
Charter Township of Lyon
Board Project No. 51682
This Agreement, made and entered into this ?A ST day of k" , 2013,
by and between the Board of Road commissioners for the County of Oakland, Michigan,
hereinafter referred to as the BOARD, and the Charter Township of Lyon, hereinafter referred to
as the COMMUNITY, provides as foliows:
WHEREAS, the BOARD and the COMMUNITY have programmed the preliminary
engineering for the future gravel road paving of Griswold Road from Eight Mile Road to Nine
Mile Road, 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 DESIGN; and
WHEREAS, the estimated total cost of the DESIGN is $138,210; and
WHEREAS, said DESIGN involves certain designated and approved Tr-Party Program
funding in the amount of $138,210, 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 DESIGN 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 DESIGN, 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.
2. The actual total cost of the DESIGN may include total payments to the contractor.
3. The COMMUNITY shall comply with the provisions as set forth in Exhibit "Er
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 DESIGN cost of $138,210 shall be funded as detailed below:
a. The Tri-Party Program funding is not to exceed $138,210.
b. The COMMUNITY agrees that any DESIGN costs above the Tr-Party
Program funding of $138,210 will be funded 100% by the COMMUNITY.
6. Upon execution of this agreement, the COMMUNITY shall submit two invoices to
the BOARD:
a. The first invoice shall be payable by the BOARD in the amount of $46,070
(being 100% of the BOARD's Tri-Party contribution).
b. The second invoice shall be payable by the COUNTY in the amount of $46,070
(being 100% of the COUNTY'S Tr-Party contribution).
c. The two invoices shall be sent to:
Ms. Julie Enders, Engineering Aide
Road Commission for Oakland County
31001 Lahser Road
Beverly Hills, MI 48025
Griswold Road - 2 - Charter Township of Lyon
Project No, 516a2
1/18/2013
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
By 7),/nivt,ty(3
Its Managing Director
CHARTER TOWNSHIP OF LYON
By
Its
Griswold Road
Chart& Township of Lyon
Rrojecl No. 51632
1/18/2013
- 3 -
EXHIBIT A
TRI-PARTY PROGRAM
Griswold Road
Eight Mile Road to Nine Mile Road
Charter Township of Lyon
Board Project No. 51682
The performance of preliminary engineering which may include, but is not limited to a field survey
of the project, the development of a preliminary plan showing the proposed roadway design and
pavement cross section, the identity of potential issues affecting the proposed paving, the
preparation of a set of plans showing the existing conditions including property lines and rights of
way, obtaining utility information and mapping it on the plans, the preparation of final plans and
opinions of probable cost, obtaining soil borings in the project area, the preparation of
specifications and bid documents and other related work necessary to develop the complete
design,
ESTIMATED DESIGN COST
Preliminary Engineering $138,210
Total Estimated Project Cost $138,210
COST PARTICIPATION BREAKDOWN
COMMUNITY COUNTY BOARD TOTAL
FY12 Addl Tr-Party Program $27,422 $27,422 $27,423 $82,267
FY13 Tri-Party Program $18,648 $18,648 $18,647 $55,943
TOTAL SHARES $46,070 $46,070 $46,070 $138,210
Griswold Rced
Charter Township of Lyon
Project No. 5162
1/18/2013
- 4-
Exhibit B
PROVISIONS
,
advertising for sealed bids in accordance with its established practices.
Bonds —Insurance: The COMMUNITY shah 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 MCI_
129.201, at 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 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 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 Aoreoment: 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 Contractors 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 workers 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,
Griswold Road
Charter Township of Lyon
Project No. 51682
1(1812G13
-6-
excavation, tunneling, pile driving, cofferdam work, or building moving or demolition; (2) products and
completed operations; (3) contractual liability; and (4) independent contractors coverage.
Bodily injUry Liability and PropertY Damage Liability - Automobiles (Comprehensive Auto Liab fry)
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, Owner's Protective Public Liability
Insurance, Such insurance shall provide coverage and limits the same as the Contractors 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 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,
EXHIBIT C PAGE 2
Gnsword Road
-7 ,, Charter Township of Lyon
Project No. 51682
111812013
Resolution #13060 March 6,2013
The Vice Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MISC. #13060) March 21, 2013
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL
YEAR 2013 APPROPRIATION — CHARTER TOWNSHIP OF LYON — PRELIMINARY ENGINEERING , „.„.. um;vv{„,ILLi WAL vAvim3 RUM /3 MILE RuAu TO 9 ivilLE ROAD - PROJECT NO, 51682
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 13, 2012, the Board of Commissioners approved Miscellaneous Resolution #12322
which assigned $3,000,000 in fund balance for the Tr-Party Road Improvement Program for
projects managed by the Road Commission for Oakland County (RCOC),
2. Funding of $46,070 is available in the General Fund Assigned Fund Balance for Tr-Party 2013
and prior funding (account #383510) for project 51682.
3. This project is for the preliminary engineering for the future gravel road paving of Griswold Road
from Eight Mile Road to Nine Mile Road.
4. The resolution allows for additional project costs not greater than 15% from the original
agreement, which is consistent with the project as originally approved, to be paid when invoiced
and appropriated in the quarterly forecast resolution.
5. Additional project costs exceeding 15% of the original agreement will require a separate Finance
Committee resolution to appropriate the additional Oakland County share of the project costs prior
to payment,
6. The FY 2013 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 2013
$46,070
$46,070
$46,070
$46,070
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Scott absent.
Resolution #13060 March 21, 2013
Moved by Hoffman supported by McGillivray the resolutions (with fiscal notes attached) on the amended
Consent Aoenda he adopted (with . aroornparivino reports heino accepted).
AYES: Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis,
McGillivray, Middleton, Quarles, Runestad, Scott, Spisz, Taub, Welpert, Woodward, Zack,
Bosnic, Crawford. (21)
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 THIS RESOLUTION
OHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45„559A (7)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, 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 March 21,
2013, 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 21 st day of March, 2013.
?St4get/
Lisa Brown, Oakland County