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HomeMy WebLinkAboutResolutions - 2013.07.17 - 20890Shelley Coodm ub, District 12 Yliscellandous Resolution # 13169 BY: Commissioner Shelley Goodman Taub, District 12 RE: BOARD OF COMMISSIONERS - TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2013 APPROPRIATION - CITY OF BLOOMFIELD HILLS - LONG LAKE ROAD AT ORCHARD RIDGE ROAD, BOTH LAHSER ROAD AND ORCHARD RIDGE - PROJECT NO. 51901 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: 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 Bloomfield 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 Bloomfield Hills and said appropriation has been transferred to a project account; and WHEREAS the City of Bloomfield 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 2013 authorized amount of Tr-Party Road Improvement funding for Project 51901 in the City of Bloomfield Hills is $15,712. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the City of Bloomfield 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 Bloomfield Hills. Chairperson, qr.3 for OAKLAND COUNTY une 6, 2013 Ms. Amy Burton, Clerk City of Bloomfield Hills 45 East Long Lake Road Bloomfield Hills, Ml 48304-2322 Re: Project No. 51901, Long Lake t-'oad at Orchard Ridge Road and Both Lahser Road and Orchard Ridge Road Dear Ms. Burton: Board of Road Commissioners Ronald J. Fawkes Commissioner Gregory C. Jamian Commissioner Eric S. Afton Commissioner Dennis G. Kolar, P.E. Managing Director Gary Piotrowicz, P.E., P.T.O.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, P.E., Managing Director at the regularly scheduled Board meeting of Thursday, June 6, 2013. Please contact Thomas G. Noechel, Programming Supervisor at (248) 645- 2000 ext. 2266 to answer any questions or for additional information. Sincerely, Patricia 13lierzbicki Deputy-Secretary /Clerk of the Board Ism Clerk of the Board 31001 Lahser Road Beverly Hills, Nil 48025 248-645-2000 FAX 248-645-1349 ; Enclosure cc: Dennis Lockhart Tom Blust TOm...Noechel Tim Soave www.rcocweb.org 3 COST PARTICIPATION AGREEMENT CONSTRUCTION Long Lake Road at Orchard Ridge Road Lahser Road and Orchard Ridge Road City of Bloomfield Hills Board Project No. 51901 This Agreement, made and entered into this Cp-kAs\. day of Au , 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 Bloomfield Hills, hereinafter referred to as the COMMUNITY, provides as follows: WHEREAS, the BOARD and the COMMUNITY have programmed safety improvements on Long Lake Road at Orchard Ridge Road and drainage improvements on Lahser Road and Orchard Ridge 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 $47,135; and WHEREAS, said PROJECT involves certain designated and approved Tr-Party Program funding in the amount of $47,135, 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: 5 7. Within 90 days of completion of the PROJECT, the COMMUNITY shall submit to the BOARD the following: 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. Long Lake Road/Lahser Road - 3 - City of BloonTfidd Hills Project No. 51901 4/10/2013 7 EXHIBIT A TRI-PARTY PROGRAM Long Lake Road at Orchard Ridge Road Lahser Road and Orchard Ridge Road City of Bloomfield Hills Board Project No. 51901 Safety improvements on Long Lake Road at Orchard Ridge Road and drainage improvements on Lahser Road and Orchard Ridge Road. ESTIMATED PROJECT COST Contractor Payments - PE $3,770 Contractor Payments - CE $5,665 Contractor Payments - Construction $37,700 Total Estimated Project Cost $47,135 Long Lake Road/Lahser Road - 5 - City of Bloomfield Hills Project No. 51901 4/10/2013 9 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 OE 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, Long Lake Road/Lahser Road - 7 - City of Bloomfield Hilts Project No 51901 4/10/2013 1 1 Resolution #13169 June 13, 2013 The Vice-Chairperson referred the resolution to the Finance Committee. There were no objections. FISCAL NOTE (MISC. #13169) July 17, 2013 BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2013 APPROPRIATION — CITY OF BLOOMFIELD HILLS — LONG LAKE ROAD AT ORCHARD RIDGE ROAD, BOTH LAHSER ROAD AND ORCHARD RIDGE - PROJECT NO. 51901 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 $15,712 is available in the General Fund Assigned Fund Balance for Tr-Party 2013 and prior funding (account #383510) for project 51901. 3. This project is for the safety improvements on Long Lake Road at Orchard Ridge Road and drainage improvements on Lahser Road and Orchard Ridge 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 $15,712 $15,712 $15,712 $15,712 CE COMMITTEE FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote. Resolution #13169 July 17, 2013 Moved by Dwyer supported by Quarles the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long, Nilatis, 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 Consent Agenda were adopted (with accompanying reports being accepted). HgkEBY APPROVE THIS RESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE ACTING PUFISUANT 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 July 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 17th day of July, 2013. Lisa Brown, Oakland County