HomeMy WebLinkAboutResolutions - 2014.05.15 - 21329Chairperson, we move the adoption of the foregoing Resolution.
Kathy Crawford, District #9
Miscellaneous Resolution # 14111
BY: Commissioner Kathy Crawford, District #9 and Bill Dwyer, District, #14
RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2014
APPROPRIATION — CITY OF NOVI — IMPROVEMENTS TO HAGGERTY ROAD - PROJECT NO.
52321
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 Novi, 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 Novi and said
appropriation has been transferred to a project account; and
WHEREAS the City of Novi 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 2014 authorized amount of Tr-Party
Road Improvement funding for Project 52321 in the City of Novi is $40,000.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the
project submitted by the City of Novi 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 Novi.
COMWS-SISM
for OAKLAND COUNTY KID
lOGYEARS OF TRANSPORTATION EXCELLENCE
Board of Road Commissioners
Ronald J. Fawkes
Commissioner
Gregory C. Jamian
Commissioner
April 10, 2014
Eric S. Wilson
Commissioner Ms. Maryanne Cornelius, Clerk
City of Novi
45175 West 10 Mile Road
Novi, MI 48375-0577
Re: Project No. 52321, Haggerty Road, South of 10 Mile Road; Local Cost
Participation Agreement/Tr-Party Program
Dear Ms. Cornelius:
A fully signed and executed agreement for the above-referenced project is
enclosed.
The agreement was approved at the regularly scheduled Board meeting of
Thursday, April 10, 2014, and subsequently signed by Dennis G. Kolar, P.E,,
Managing Director.
Please contact Tom Blust, P.E., Director of Engineering at (248) 645-2000
ext. 2265 to answer any questions or for additional information.
Sincerely,
R 1,0 6A qdt,
Patricia Z. Wi6rzbicki
Deputy-Secretary/Clerk of the Board
/w
Enclosure
cc: Dennis Lockhart
Tom Blust
Tom Noechel
Tim Soave
Dennis G. Kolar, P.E.
Managing Director
Gary Piotrowicz, P.E, P.T.O.E,
Deputy Managing Director
County Highway Engineer
Clerk of the Board
31001 Lahser Road
Beverly Hills, MI 48025
248-645-2000
FAX
248-645-1349
www.rcocwellorg
/je
Attachments
C 6A-Cur
=1=1/IRMO
aNWIRSSION
100 YEARS OF TRANSPORTATION EXCH. INCE
Inter—Departmental Memorandum
PROGRAMMING DIVISION
DATE: March 28, 2014
To: Thomas G. Blust, P.E., Director of Engineering
FROM: Thomas G. Noechel, Programming Supervisor TAM
SUBJECT: PROJECT NO. 52321, HAGGERTY ROAD
SOUTH OF 10 MILE ROAD
LOCAL COST PARTICIPATION AGREEMENT/TRI-PARTY PROGRAM
CITY OF NOVI
Attached for your review and submission to thp : Board for their approval is the local cost
participation agreement with the City of Nbiii widening of Haggerty Road, south
of 10 Mile Road. This work is expected to be completed this summer.
The City of Lake Novi has elected to use the Tri-Party Program n to fund the estimated
total project cost of $120,000. Our share is estimated to be $40,000 and is in the FY14
budget.
The project is in the districts of County Commissioners Kathy Crawford and William
Dwyer. 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.
COST PARTICIPATION AGREEMENT
CONSTRUCTION
Haggerty Road
South of 10 Mile Road
City of Novi
Board Project No. 52321
This Agreement, made and entered into this (6- s n.. day of , 2014,
by and between the Board of Road Commissioners for the County of Oakland, Michigan,
hereinafter referred to as the BOARD, and the City of Novi, hereinafter referred to as the
COMMUNITY, provides as follows:
WHEREAS, the BOARD and the COMMUNITY have programmed the widening of
Haggerty Road, south of 10 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 PROJECT; and
WHEREAS, the estimated total cost of the PROJECT is $120,000; and
WHEREAS, said PROJECT involves certain designated and approved Tri-Party Program
funding in the amount of $120,000, 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, construction
engineering, and administration in reference thereto.
2. The actual total cost of the PROJECT shall include total payments to the
contractor.
3. 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 $120,000 shall be funded in the following
order:
a. Tr-Party Program in the amount of $120,000.
b. Any PROJECT costs above the Tr-Party Program funding of $120,000 will be
funded first with any available Tr-Party Program funds. If no Tr-Party
Program funds are available, any additional PROJECT costs 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 $40,000
(being 100% of the BOARD's Tr-Party contribution).
b. The second invoice shall be payable by the COUNTY in the amount of
$40,000 (being 100% of the COUNTY'S Tr-Party contribution).
Haggerty Road - 2 -
City of Novi
Project No. 52321
3/6/2014
c. The invoices 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 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.
Haggerty Road - 3 -
City of Novi
Project No, 52321
31612014
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
BYi
Managing DirectorDirector
Its
Haggerty Road - 4 -
City of Novi
Project No. 52321
3/6/2019
EXHIBIT A
TR1-PARTY PROGRAM
Haggerty Road
South of 10 Mile Road
City of Novi
Board Project No. 52321
Widening of Haggerty Road south of 10 Mile Road.
ESTIMATED PROJECT COST
Contractor Payments $120,000
Total Estimated Project Cost
$120,000
COST PARTICIPATION BREAKDOWN
COMMUNITY COUNTY BOARD TOTAL
FY2014 Tr-Party Program $40,000 $40,000 $40,000 $120,000
TOTAL SHARES $40,000 $40,000 $40,000 $120,000
Haggerty Road - 5 -
City of Novi
Project No. 52321
3/5/2014
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, 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 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. 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 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 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 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,
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,
Haggerty Road - 7 -
City of Novi
Project N. 52321
316)2014
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 minimurn 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 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 7
Haggerty Road - 8 -
City of Novi
Project. No. 52321
3/6/2014
Resolution #14111 April 30, 2014
The Vice-Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MISC. #14111) May 15, 2014
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL
YEAR 2014 APPROPRIATION — CITY OF NOVI — IMPROVEMENTS TO HAGGERTY ROAD -
PROJECT NO. 52321
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 12, 2013, the Board of Commissioners approved Miscellaneous Resolution #13305
which designated $2,000,000 in fund balance for the Tr-Party Road Improvement Program for
projects managed by the Road Commission for Oakland County (RCOC).
2. Funding of $40,000 is available in the General Fund Assigned Fund Balance for Tr-Party 2014
and prior funding (account #383510) for project 52321.
3. This project is for widening Haggerty Road, south of 10 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 2014 budget be amended as follows:
General Fund #10100
Revenue
9010101-196030-665882 Planned Use of Balance
Total Revenues
Expenditures
9010101-153010-740135 Road Commission Tr-Party
Total Expenditures
FY 2014
$40,000
$40,000
$40,000
$40,000
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Woodward and Matis absent,
Resolution #14111 May 15, 2014
Moved by Crawford supported by McGillivray the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Dwyer, Gingen, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray,
Middleton, Quarles, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Bosnic, Crawford. (19)
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).
I 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 May 15, 2014,
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 l5 of May 2014.
Lisa Brown, Oakland County