HomeMy WebLinkAboutResolutions - 2013.04.17 - 20766Miscellaneous Resolution #13071
BY: Commissioner Jeff Matis, District 15
RE: BOARD OF COMMISSIONERS - TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2013
APPROPRIATION - CITY OF ROCHESTER - DEQUINDRE ROAD AT THE CLINTON RIVER
TRAIL AND MACOMB ORCHARD TRAIL CROSSING - PROJECT NO. 51701
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
410045, 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 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 City of Rochester, 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 and said appropriation has been transferred to a project
account; and
WHEREAS the City of Rochester 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 Project No. 51701 in the City
of Rochester is $31,260.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves the project submitted by the City of Rochester 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.
Chairperson, I move the adoption of the foregoing
Board of Road Commissioners
'OAD
VON
CENTENNTAX
:1ir :0 ND COUNTY
104 YEARs OF TgANSPOKCATION F.XCELLENCI
Ronald J. rowkes
Commissioner March 14, 2013
Gregory C. Jamian
Commissioner
Erie S. Wilson
Commissioner
Ms. Lee Ann O'Connor, Clerk
City of Rochester
400 Sixth Street, PO Box 80010
Rochester, Ml 48307
Re: Project No. 51701, Dequindre Road
at the Clinton River Trail and Macomb Orchard Trail Crossing
Dear Ms. O'Connor:
A fully signed and executed contract for the above-referenced 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, March 14, 2013.
Please contact Thomas G., Noechel, Programming Supervisor at (248) 645-
2000 ext. 2266 to answer any questions or for additional information.
Sincerely,
- itYibcd0Adaga.,
Patricia Z. Wierzbicki
Deputy-Secretary /Clerk of the Board
Ism
Enclosure
cc: Dennis Lockhart
Tom Blust
Tom Noechel
Tim Soave
Dennis G. Kolar, RE.
Managing Director
Gary Plotrowicz, P.E, T.O.E.
Deputy Managing Director
County Highway Engineer
Clerk of the Board
31001 l_ahser Road
Beverly Hills, Nil 48025
248-645-2000
• FAX
248-645-1349
www.reocweb.arg
3
/je
Attachments
Recommended for Board Approval
Thomas G. Biust, RE.
-Get Director of Engineering
7113
4
for OAKLAND C UNTY
100 YEARS OF TRANSPORTATION EXCELLENCE
Lei :ur u iya.:Tra
PROGRANIIVIING DIVISION
DATE: March 7, 2013
To Thomas G. Blust, RE.
Director of Engineering
FROM: Thomas G. Noechel -VM
Programming Supervisor
SUBJECT: PROJECT NO. 51701, DEQUINDRE ROAD
AT THE CLINTON RIVER TRAIL AND
MACOMB ORCHARD TRAIL CROSSING
LOCAL COST PARTICIPATION AGREEMENT — CITY OF ROCHESTER
Attached for your review and submission to the Board for their approval is the local cost
participation agreement with the City of Rochester for the pedestrian safety
improvements on Dequindre Road at the Clinton River Trail and Macomb Orchard Trail
Crossing.
The estimated total cost of the project is $193,750 and will be partially funded with
Federal Surface Transportation Program Funds estimated in the amount of $99,970.
The City of Rochester has elected to use the Tri-Party Program to fund the remaining
balance of $93,780. Our total share is estimated to be $31,260 and is in the FY13
budget.
The project is in the district of County Commissioner Jeff Matis. The- agreement is in
our standard approved format, and I recommend Beard approval and authorize the
Managing Director to execute the agrePn10.r1t on behalf Of the Board -,
COST PARTICIPATION AGREEMENT
Mit._.; I
Dequindre Road
At the Clinton River Trail and Macomb Orchard Trait..Crossing
City Of .Rochester
Board Project No 51701
This Agreement, made and entered into this (CRL day of 2013,
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, hereinafter referred to as the
COMMUNITY, provides as follows:
WHEREAS the BOARD and the COMMUNITY have programmed the pedestrian safety
improvements on Dequindre Road at the Clinton River Trail and Macomb Orchard Trail
Crossing, 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 $193,750; and
WHEREAS, the COMMUNITY has entered into a contract with MOOT for partial funding
of the PROJECT with federal program dollars under the Surface Transportation Program in the
amount of $99,970; and
WHEREAS, the COMMUNITY, as the requesting party therein, will be the party
financially responsible to MOOT to bear all costs of the PROJECT in excess of federal funds,
hereinafter referred to as the LOCAL MATCH; and
WHEREAS, said PROJECT involves certain designated and approved Tri-Party Program
funding in the amount of $93,780, which amount shag be paid through equal contributions by the
BOARD, the COMMUNITY, and the Oakland County Board of Commissioners, hereinafter
referred to as the COUNTY; and
5
WHEREAS, the BOARD and the COMMUNITY have reached a mutual understanding
io,ordifig If te cost Sharing of [he 1-1--"<0.4rEt:A i and •istito 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 Read Commission for Oakland County permit; and shall
perform or cause to be performed all preliminary and construction engineering
services and administration in reference thereto,.
2. The PROJECT includes preliminary engineering, construction engineering, and
total payments to the contractor.
3. The COMMUNITY shall comply with the provisions as set forth in Exhibit °El"
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 LOCAL MATCH of $93,780 shall be funded in the following
order;
a, The Tri-Party Program funding in the amount of $93,780.
b. Any LOCAL MATCH costs above the Tri-Party Program funding of $93,780
Will be funded first with any available Tri-Party Program Funds. If no Tri-Party
Program Funds are available, any LOCAL MATCH costs above $93,780 will
be funded 100% by the COMMUNITY.
6. Upon execution of this agreement, the COMMUNITY shall submit two invoices to
the BOARD:
Deciuirid re R oad - 2 - Ciiy of Rochester
Proect No. 51701
2/14/2013
6
a. The first invoice shalt be payable by the BOARD in the amount of $31',260
....... •koeng 1UUYo or ttra LJUAILYs 0-i•arty ciibuti•n),
b. The second invoice shall. be payable by the COUNTY in the amount of
$31.260 (being 100% of the COUNTY'• Tr-Party contribution),
c. The invoice shall be sent to:
Ms. Julie Enders, Engineering Aide
Road Commission for Oakland County
31001 Lahser Road
Beverly Hills, MI 48025
7 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_
Dequiathe Road
C4 of Rocha3ler
Project No. 51701
2/14/2013
7
IN WITNESS WHEREOF, the parties hereto have executed thts Agreement the day and
date 'first written above.
BOARD OF ROAD COMMISSIONERS FOR THE
COUNTY OF OAKLAND
A Public Bed y Corporate
Its
Managing Director
CITY OF ROCHESTER
Dequindre ftQad - 4 - Cfty of Rochester
Project No. 5170
2/1412013
8
EXHI '8IT A
T'R -PARTY PROGRAM
DeVindre Road
At the Clinton River Trail and Macomb Orchard Trail Crossing
City of Rochester
Board Project No. 51701
Pedestrian safety improvements on Dequindre Road at the Clinton River Trail and Macomb
Orchard Trap Crossing.
ESTIMATED PROJECT COST
Preliminary Engineering
Construction Engineering
Contractor Payments
Less Federal Funds
LOCAL MATCH
$15,500
$23,250
$155,000
($99,970)
$93,780
COST PARTICIPATION BREAKDOWN
COMMUNITY COUNTY BOARD TOTAL
FY09 Iti-Party Program $8,203 $8,203 $8,203 $24,609
FY10 Trl-Party Program $4,751 $4,761 $4,761 $14,253
FY11 TN-Party Program $4,801 $4,801 34,801 $14,403
FY12 Tri-Party Program $5,018 $5,019 $5,019 $15,058
FY12 Add( TN-Party Program $6,567 $6,565 $6,567 $19,700
FY13 Tr-Party Program $1,920 $1,920 $1,919 $5,759
TOTAL SHARES $31,260 $31,260 $31,260 $93,780
Dequindre Row!
Cy of Rochester
PMect No. 51701
2/14/2013
9
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 proulde 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 wilt 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 subconsuitants.
In accordance with Michigan 1976 PA 453, the COMMUNITY hereto agrees not to discriminate against an emp oyee
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: Ills 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.,
10
EXHIBIT C
UABIUTYANh. 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 OffiGPIS and
empioyees; 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: Tho Contractor, prior to execution of the contract, shall file with the Road CommiSsion for
Oakland County, Copies of complete certfficates 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 staititory
limits of the State of Michigan and $500,000 employees 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 Contraefor under worker's disabliity 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 (xu), 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,
Deg anite Roal - 7 - City of Rochester
Project No. 51701
2/14/2013
1 1
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!..
Ooduiy Injury Liability • or Single Limit: Bodily Injury and Properly Demagetiability
Each Parson $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.
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 theY same as the Contractor's Public Liability
Insurance.
e. No/ice — 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 shalt 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 C PAGE 2
equind re Road - 8 - City of Rochester
Psoject No. 51701
2714/201,3
12
Resolution #13071 March 21, 2013
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MISC. *13071) April 17, 2013
BY: Finance Committee, Torn Middleton, Chairperson
IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL
YEAR 2013 APPROPRIATION — CITY OF ROCHESTER — DEOUINDRE ROAD AT THE CLINTON „
. . HAIL AN MAcoME ORCHARD TRAIL CROSSING - PROJECT NO,, 51701
TO: The Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule X1I-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 $31,260 is available in the General Fund Assigned Fund Balance for Tr-Party 2013
and prior funding (account #383510) for project 51071.
3. This project is for pedestrian safety improvements on Dequindre Road at the Clinton River Trail
and Macomb Orchard Trail Crossing.
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
$31,260
$31,260
$31 260
$31.260
FINANCE COMMITTEE
/4. ;
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Quarles absent.
Resolution #13071 April 17, 2013
Moved by Dwyer supported by Jackson the resolutions (with fiscal notes attached) on the amended
Consent Adenda_ rdn,ritad .w,ib a'rMrinvirn reports bcino aerpotprl .
AYES: Dwyer, Gershenson, Gingell, Gosselin, Hoffman, Jackson, Long, Matis, McGillivray,
Middleton, Quarles, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic,
Crawford. (20)
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).
HEREBY APPROVE THIS RESOLUTION
CHIEF 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 April 17, 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 17 th day of April, 2013,
Xf/ger-/
Lisa Brown, Oakland County