HomeMy WebLinkAboutResolutions - 2013.05.09 - 20790Miscellaneous Resolution 4 13088
BY: Commissioners Mike 3csnie, District 16, Robert Gosselin, District 11 and Gary
McGillivray, District 20
RE: BOARD OF COMMISSIONERS - TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2013
APPROPRIATION - CITY OF TROY - CONCRETE SLAB REPLACEMENT ON CROOKS, LONG
LAKE, LIVERNOIS AND BIG BEAVER ROADS- PROJECT NO. 51751
TO: Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS since the 1970s, the Oakland County Board of Commissioners b ias 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 ahe project is ready to be
undertaken immediately; and
2. The RCOC has appropriated its 1/3 share of the funding for _he project ard
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
Tri-Party Program. The resolution shall be approved by the Finance
Committee and the full Board; 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 1/3 share of the funding for the cioject in
the City of Troy and said appropriation has been transferred to a project account;
and
WHEREAS the City of Trey 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 aathorlzed
amount of Tri-Pasty Road. Improvement funding for Project No. 51731 in the City of
Troy is $177,693.
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 addetional 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 Troy.
Chairperson, I move the adoption of the foregoing Respiu•
Mike Rosnic, District 16 n, District 11
WikAr
Patricia Z. Wierzbicki
Deputy-Secretary /Clerk of the Board
March 28, 2013
Ms. Aileen Bittner, Clerk
City of Troy
500 W. Big Beaver Road
Troy, MI 48084-5285
Re: Project No. 51751, 2013 Concrete Slab Replacement
Crooks Road, Long Lake Road ; Livernois Road, Big Beaver Road
Dear Ms. Bittner:
Board of Road Commissioners
Ronald J. Fawkes
Commissioner
Gregory C. Jarnian
Commissioner
Eric S. Wilson
Commissioner
Bennis G. Kolar, PE.
Managing Director
Gary Piotrowicz, P.E., P.T.O.E,
Deputy Managing Director
County Highway Engiocor
A fully signed and executed contract for the above-referenced project is
enclosed.
The agreement was approved and subsequently signed by Dennis G. Kolar,
—KE.,1\lanaging-Errrectorarthe regularly scheduled Board meeting of
Thursday, March 28, 2013.
Please contact Thomas G. Noechel, Programming Supervisor at (248) 645-
2000 ext, 2266 to answer any questions or for additional information.
Sincerely,
Clerk of the Board
31001 Lahser Road
Beverly Hills, MI 48025
248-645-2000
FAX
248-645-1349
Enclosure
cc: Dennis Lockhart
Tom Blust
Tom Noechel
Tim Soave
Inter—Departmental Memorandum
PROGRAMMING DIVISION
DATE: March 21, 2013
To: Thomas G. Blust, RE.
Director of Engineering
FROM: Thomas G. Noechel7Zr)
Programming Supervisor
SUBJECT: PROJECT NO. 51751, 2013 CONCRETE SLAB REPLACEMENT
CROOKS ROAD, LONG LAKE ROAD, LIVERNOIS ROAD,
BIG BEAVER ROAD
LOCAL COST PARTICIPATION AGREEMENT — CITY OF TROY
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 Crooks
Road, Long Lake Road, Livernois Road, and Big Beaver Road.
The City of Troy has elected to use the Tr-Party Program to fund the estimated total
project cost of $5337078. Our share is estimated to be $177,693 and is in the FY13
budget.
The project is in the district of County Commissioners Robert Gosselin, Mike Bosnic,
and Gary McGillivray. 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. '
/je
Attachments
Recommended for Board Approval
;JAI' ((/
,
Thomas G. Blust, RE.
Director of Engineering
COST PARTICIPATION AGREEMENT
2013 Concrete Slab Replacement
Crooks Road, Long Lake Road, Livernois Road, Big Beaver Road
City of Troy
Board Project No. 51751
This Agreement, made and entered into this 2S<I'''\- day of Nkx_11_,Ock- , 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 Troy, hereinafter referred to as the
COMMUNITY, provides as follows:
WHEREAS, the BOARD and the COMMUNITY have programmed the concrete slab
replacement on Crooks Road, Long Lake Road, Livernois Road, and Big Beaver 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 PROJECT; and
WHEREAS, the estimated total cost of the PROJECT is $533,078; and
WHEREAS, said PROJECT involves certain designated and approved Tr-Party Program
funding in the amount of $53I,078, 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.
2. The actual total cost of the PROJECT shall 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 $533,078 shall be funded in the following
order:
a. The Tr-Party Program funding is not to exceed $533,078.
b. The COMMUNITY agrees that any PROJECT costs above the Tr-Party
Program funding of $533,078 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 $177,693
(being 100% of the BOARD's Tr-Party contribution).
b. The second invoice shall be payable by the COUNTY in the amount of
$177,693 (being 100% of the COUNTY'S Tri-Party contribution).
c. The invoices shall be sent to:
Ms. Julie Enders, Engineering Aide
Road Commission for Oakland County
31001 Lahser Road
Beverly Hills, MI 48025
2013 Concrete Slab Replacement - 2 -
City of Troy
Project No. 51751
212512013
7. Within 90 days of completion of the PROJECT, the COMMUNITY shall submit the
following to the BOARD:
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.
2013 Concrete Slab Replacement - 3 -
Ci1y of Troy
Project No. 51751
2125/2013
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
Ad/ /
Ar.,(Ard 411Ir A ,t,f-i4U
Its Managing Director
CITY OF TROY
2013 Concrete Slab Replacement - 4 -
City of Troy
Project No. 51751
212512013
EXHIBIT A
TRI-PARTY PROGRAM
2013 Concrete Slab Replacement
Crooks Road, Long Lake Road, Livernois Road, Big Beaver Road
City of Troy
Board Project No. 51751
Concrete slab replacement on Crooks Road, Long Lake Road, Livernois Road, and Big
Beaver Road in the City of Troy.
ESTIMATE Ir.) PROJECT COST
Contractor Payments $533,078
Total Estimated Project Cost $533,078
COST PARTICIPATION BREAKDOWN
COMMUNITY COUNTY BOARD I TOTAL
FY12 Add'i Tr-Party Program $77,443 $77,443 $77,444 $232,330
FY13 Tr-Party Program $100,249 $100,250 $100,249 $300,748
TOTAL SHARES $177,692 $177,693 I $177,6931 $533,078
2013 Concrete Slab Replacement - 5 -
City of Troy
Project No, 51751
2'25/2013
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. Ills 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:
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.
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,
2013 Concrete Slab Replacement - 7 -
City of Troy
Project No. 51751
212512013
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 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 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 80 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. lithe 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.
EXHIBIT C PAGE 2
2013 Concrete Slat) Replacement - 8 - City of Troy
Project No. 51751
2/25/2013
Resolution #13088 April 17, 2013
The Chairperson referred the resolution to the Finance Committee. There were no objections.
4NA NCE CQVIMITTE0,.-
C
II 71
FISCAL NOTE (MISC. #13088) May 9, 2013 BY: Finance Committee, Tom Middleton, Chairperson
IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL
YEAR 2013 APPROPRIATION — CITY OF TROY — CONCRETE SLAB REPLACEMENT ON CROOKS,
LONG LAKE, LIVERNOIS AND BIG BEAVER ROADS - PROJECT NO. 51751
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 $177,693 is available in the General Fund Assigned Fund Balance for Tr-Party 2013
and prior funding (account #383510) for project 51751.
3. This project is for the concrete slab replacement on Crooks Road, Long Lake Road, Livernois
Road, and Big Beaver 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
FY 2013
$177,693
$177,693
Expenditures
90101 01-1 53010-740135 Road Commission Tr-Party
Total Expenditures
$177,693
$177,693
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Nuccio and McGillivray absent.
6,7
Resolution #13088 May 9, 2013
Moved by Long supported by Quarles the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted and appointments being
confirmed).
AYES: Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis,
McGillivray, Middleton, Quarles, Runestad, Scott, 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 and appointments being
confirmed).
I HEREBY APPROVE THE FOREGOING RESWJ flO
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 May 9, 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 9th day of May, 2013.
Lisa Brown, Oakland County