HomeMy WebLinkAboutResolutions - 2013.03.21 - 20760Chairperson, I move the adoption of the foregoing Resolution.
)istrict 15
Miscellaneous Resolution #13061
BY: Commissioner Jeff Matis, District 15
RE: BOARD OF COMMISSIONERS - TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2013
APPROPRIATION - CITY OF ROCHESTER HILLS - JOINT REPAIR AND CRACK SEALING ON
LIVERNOIS ROAD FROM AVON ROAD TO WALTON BOULEVARD - PROJECT NO. 51631
TO: Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS since the 1970s, the Oakland County Board of Commissioners has authorized
the Tri-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 409221, 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:
1. 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 authprizing the appropriation of the County's
1/3 share of the project from the General Fund Designated Fund Balance for
Tri-Party Program. The resolution shall be approved by the Finance
Committee and the full Board; and
WHEREAS the City of Rochester Hills, 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 City of Rochester Hills and said appropriation has been transferred to a
project account; and
WHEREAS the City of Rochester Hills 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 authorized amount
of Tr-Party Road Improvement funding for the City of Rochester Hills is $105,029,
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves the project submitted by the City of Rochester Hills 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 City of Rochester Hills.
A fully signed arid executed contract for the above-referenced roject is
enclosed.
Clerk of the Board
31001 Lahser Road
Beverly Hills, Ml 48025
248-645-2000
FAX
248-6454349
100 YEARS OE TRAN5ROMATION EXCELLENCE
February 7, 2013
Ms. Jane Leslie, Clerk
City of Rochester Hills
1000 Rochester Hills Drive
Rochester Hills, MI 48309-3033
Re: PROJECT NO. 51631, LIVERNOIS ROAD
AVON ROAD TO WALTON BOULEVARD
LOCAL COST PARTICRAILON MMENT
Dear IVls Leslie:
Board of Roao oneks
Ronaldj. Fowkes
Commissioner
Gregory C. Jernian
Commissioner
Eric S. Wilson
Commissioner
Dennis G. Kolar, PE
Managing Director
Gary Piotrowicz, P.T.O.E
Deputy Managing Director
County Highway Engineer
The agreement was approved and subse.4uently sighed by Dennis G. Kolar,
P.E., Managing Director at the redillarly scheduled Board meeting! of
Thursday, February 7, 2013
Please contact Thomas
2000 ext. 2266 t4.,:ansWer.Any
rigsfotliifid,000.irvjspr at 248) 645-
OlsOnSvatfar; ddtjorLaI infOrmation,
Sincerely,
LL,
Patricia Z. Wlerzbicki
Deputy-Secretary /Clerk of the Board
Ism
Enclosure
cc: Dennis Lockhart
Tom Blust
Tom Noecher
le
Attachments
. . ReCOMMerided for Board Py,pproVal
Thoina's G. Blust, P.E.
Director of Engineering
7:6
100 YEARS OF TRANSPORT/MON EXCELLENCE
0;11 kA"
PROGRAMMING DIVISION
DATE: January 25, 2013
To: Thomas G. Blust, P.E.
Director of Engineering
FROM: Thomas G. Noecher -7-2M
Programming Supervisor
SuBJEcT: PROJECT NO. 51631 LIVERNOIS ROAD
AVON ROAD TO WALTON BOULEVARD
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 Rochester Hills for the joint repair and crack
sealing on Livernois Road from Avon Road to Walton Boulevard.
The estimated total project cost is $347,587. The City of Rochester Hills shall perform
and contribute the preliminary engineering in the amount of $12,500, The Board shall
perform and contribute the construction engineering in the amount of $20,000, The City
of Rochester Hills has elected to use the Tri-Party Program to fund the remaining
balance of $315,087. Our total share is $125,029 and is in the FY13 budget.
The project is in the district of County Qornmissioner Jeff fylatis, The agreement is in
our standard approved format, and ,l-recornmend Board approval and authorize the
Managing Director to execute the agreement On -behalf of the Board.
COST PARTICIPATION AGREEMENT
CONSTRUCTION
r-.;.;(14
Avon Road to Walton Boulevard
City of Rochester Hills
Board Project No. 51631
This Agreement, made and entered into this -1A--\N. day of k-E-1il-uk-Lr
by and between the Board of Road Commissioners for the County of Oakland, Michigan,
hereinafter referred to as the BOARD, and the City of Rochester Hills, hereinafter referred to as
the COMMUNITY, provides as follows:
WHEREAS, the BOARD and the COMMUNITY have programmed the joint repair and
crack sealing on Livernois Road from Avon Road to Walton Boulevard, 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 $347,587; and
WHEREAS, said PROJECT involves certain designated and approved Tr-Party Program
funding in the amount of $315,087, 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.
2. The actual total cost of the PROJECT may include preliminary engineering,
construction engineering, and 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 $347,587 shall be funded as outlined below
and detailed in Exhibit A:
a. The COMMUNITY shall perform and contribute the preliminary engineering
in the amount of $12,500.
b. The BOARD shall perform and contribute the construction engineering in
the amount of $20,000,
c. The Tr-Party Program funding is not to exceed $315,087 for contractor
payments.
d. However, if due to unforeseen circumstances or authorized change orders
the Contractor Payment costs will surpass the $315,087 limit in paragraph
Sc, above, the Board shall, in consultation with the Community and before
incurring the additional Contractor Payment cost, determine whether there
are any additional Tr-Party program funds available to cover the additional
Contractor Payment cost. If additional Tr-Party Program funds are not
available or are insufficient to cover the additional Contractor Payment cost,
then the additional Contractor Payment cost shall be funded entirely by the
Community, provided that the Board and the Community authorizes the
funding of such additional Contractor Payment cost before it is incurred.
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 $105,029
(being 100% of the BOARD'S Tr-Party contribution).
Livernois Road - 2 — Us( of Racklesier HiU
Project No. 51621
1111f2f11;',
Managing Director
By
Its
CITY 0
By
Its Mayor
b. The second invoice shall be payable by the COUNTY in the amount of
$105,029 (being 100% of the COUNTY'S Tri-Party contribution).
The two invoices shall be sent to:
Ms. Julie Enders, Engineering Aide
Road Commission for Oakland County
31001 Lahser Road
Beverly Hills, MI 48025
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
Livernois Road - 3 - City of Rochester Hffl
Project Kin. 51631
li,111201:
EXHIBIT A
TRI-PARTY PROGRAM
LivGMOTS
Avon Road to Walton Boulevard
City of Rochester Hills
Board Project No. 51631
Joint repair and crack sealing on Livernois Road from Avon Road to Walton Boulevard.
ESTIMATED PROJECT COST
Contractor Payments - Construction $315,087
Preliminary Engineering
$12,500
Construction Engineering
$20,000
Total Estimated Project Cost
$347,587
COST PARTICIPATION BREAKDOWN
COMMUNITY COUNTY BOARD TOTAL
FY12 Tr-Party Program $3,857 $3,857 $3,857 $11,571
FY12 Addl Tri-Party Program $101,172 $101,172 $101,172 $303,516
Contribution $12,500 $0 $20,000 $32,500
TOTAL SHARES $117,529 $105,029 $125,029 $347,587
Liverrois Road
- 4 - City of Rochester tiO.,;
Project No. 5163',
1/11/201
Exhibit B
PROVISIONS
Bidding: The ,COMMUNITY shnli !seIactth mntracior for it-, nhnrc, roF nn hY rar.11/PrFP=inn
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 MC! 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 MC", 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,
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.
Livernas Road
City of Rochester His
Project N. 51631
if11/201;..
- 5 -
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.
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,
Liverhos Road - 6 - .24 of Rochester Hffls
Project No. 5163
1/11/201`,..,.
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 injuty 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: $21000,000 Each Occurrence $1 ;000,000
Property Damage Liability;
Each Occurrence: $1,0001000
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.
el. 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 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.
EXH IBIT C PAGE 2
Lvemcis Road
- 7 - City of Rochester ftUs
Project No. 51
1/11/20Vj
Resolution #13061 March 6, 2013
The Vice Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MISC. #13061) March 21, 2013
BY: Finance Committee, Torn Middleton, Chairperson
IN RE: BOARD OF COMMISSIONERS — TM-PARTY ROAD IMPROVEMENT PROGRAM FISCAL
YEAR 2013 APPROPRIATION — CITY OF ROCHESTER HILLS — JOINT REPAIR AND CRACK . LALING ON LiVERNUIU ROAD I ROM AVON ROAD TO WALTON E;LVD - PROJECT NO. 5:1631
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 $105,029 is available in the General Fund Assigned Fund Balance for Tr-Party 2013
and prior funding (account #383510) for project 51631.
3. This project is for the joint repair and crack sealing on Livernois Road from Avon Road to Walton
Boulevard.
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 16% 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
7,51N1)NCE
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Scott absent.
FY 2013
$105,029
$105,029
$105,029
$105,029
Resolution #13061 March 21, 2013
Moved by Hoffman supported by McGillivray the resolutions (with fiscal notes attached) on the amended
Consent Agenda .be a.dnotad (with accompanying reports being aorented).
AYES: Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis,
McGillivray, Middleton, Quarles, Runestad, Scott, Spisz, Taub, Weipert, 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
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO [VIOL 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 21s1 dayof March, 2013.
?Soget/
Lisa Brown, Oakland County