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HomeMy WebLinkAboutResolutions - 2019.04.18 - 31315MISCELLANEOUS RESOLUTION Commissioner Christi- Longj 11411 M102 r a _ • 1 _ �. • • i•. • r r r - . a -r r ready to be Undertaken immediately,• r • • i :: 1 •. '. ■ • - : • t . . •,. • +� r � a .. . �. r - - r a - r r .•• s 'r •^ •_ r r ^• m / .•r rr .l • r - r r `• -r_ • a r r - GENERAL FUND (#10160) FY 2019 Revenue .� 9010101-196030-665882 Planned Use of Balance 667 Total Revenue 4 67 Expenditures 9010101-153010-740135 Road Commission Tri -Party $4,667 Total Expenditures 667 L�L Commissioner Christine Long District f#7 Quality Life through Good Roads "We Care" 20G Ar-Twom Inter—Departmental Memorandum PROGRAMMING DIVISION DATE: March 26, 2019 To: Thomas G. Blust, P.E., Director of Engineering FRoM: Thomas G. Noechel, Programming Supervisor'7-AV) SUBJECT: PROJECT NO. 54871, 2019 RESURFACING MC COY ROAD AT LADD ROAD, S. COMMERCE ROAD AT INDIANA STREET, AND BENSTEIN ROAD AT APPLE ORCHARD LANE LOCAL COST PARTICIPATION AGREEMENT/TRI-PARTY PROGRAM VILLAGE OF WOLVERINE LAKE Attached for your review and submission to the Board for their approval is the local cost participation agreement with the Village of Wolverine Lake for the resurfacing of the intersections of McCoy Road at Ladd Road, S. Commerce Road at Indiana Street, and Benstein Road at Apple Orchard Lane. Construction on this project is expected to begin this summer. The Village of Wolverine Lake has elected to use the Tri -Party Program to fund the estimated total project cost of $14,000, Our share is estimated to be $4,667 and is in the FY19 budget. The project is in the district of County Commissioner Christine Long. 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. Ije Attachments Recommended for Board Approval Thomas G. Plust, P.E. Director of Engineering aoccm �0L G.P 04/02/2019 COST PARTICIPATION AGREEMENT CONSTRUCTION 2019 Resurfacing McCoy Road at Ladd Road, S. Commerce Road at Indiana Street, and Benstein Road at Apple Orchard Lane Village of Wolverine Lake Board Project No. 54871 This Agreement, made and entered into this day of , 2019, by and between the Board of County Road Commissioners of the County of Oakland, Michigan, hereinafter referred to as the BOARD, and the Village of Wolverine Lake, hereinafter referred to as the COMMUNITY, provides as follows: WHEREAS, the BOARD and the COMMUNITY have programmed the resurfacing of the intersections of McCoy Road at Ladd Road, S. Commerce Road at Indiana Street, and Benstein Road at Apple Orchard Lane, 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 $14,000; and WHEREAS, said PROJECT involves certain designated and approved Tri -Party Program funding in the amount of $14,000, 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 engineering services and administration in reference thereto. 2. The actual total cost of the PROJECT shall include total payments to the contractor. 1 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 $14,000 shall be funded and invoiced in the following order: a. Tri -Party Program in the amount of $14,000. b. The COMMUNITY agrees that any PROJECT costs above the Tri -Party Program funding of $14,000 will be funded first with any available Tri -Party Program funds. If no Tri -Party Program funds are available, any PROJECT costs above $14,000 will be shared equally by the BOARD and the COMMUNITY. 6. Upon execution of this agreement, the COMMUNITY shall submit two invoices to 11-34Sul V#3 a. The first invoice shall be payable by the BOARD in the amount of $4,667 (being 100% of the BOARD's Tri -Party contribution). b. The second invoice shall be payable by the COUNTY in the amount of $4,667 (being 100% of the COUNTY'S Tri -Party contribution). G. The invoices shall be sent to: Ms. Julie Enders, Engineering Aide Road Commission for Oakland County Benstein Road - - Village of Wolverine Lake Project No. W71 315/2019 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 OF THE COUNTY OF OAKLAND A Public Body Corporate By VILLAGE OF WOLVERINE LAKE J By Its ��� •H!-F�{�� Cl��.IC eensta€n Road Wage of Wohterine Lake Piled No. 54871 31512019 EXHIBIT A TRI -PARTY PROGRAM 2019 Resurfacing Village of Wolverine Lake Board Project No. 54871 Resurfacing of the intersections of McCoy Road at Ladd Road, S. Commerce Road at Indiana Street, and Benstein Road at Apple Orchard Lane. ESTIMATED PROJECT COST Contractor Payments COST PARTICIPATION BREAKDOWN $14,000 Benslein Road Village of Wolverine Lake Projed No. 54871 315/2019 COMMUNITY COUNTY BOARD TOTAL FY2015 Tri -Party Program $215 $215 $216 $646 FY2016 Tri -Party Program $3,963 $3,964 $3,963 $11,890 FY2017 Tri -Party Program $488 $488 $488 $1,464 TOTAL SHARES $4,666 $4,667 $4,667 $14,000 Benslein Road Village of Wolverine Lake Projed No. 54871 315/2019 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. 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 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. 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, excavation, tunneling, pile driving, cofferdam work, or building moving or demolition; (2) products and completed operations; (3) contractual liability; and (4) independent contractors coverage. Benstein Road -6- Village 6 - Village of Wolverine Lake Project No. 54871 315!2018 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 Each Person $500,000 Each Occurrence $1,000,000 Property Damage Liability: Each Occurrence: $1,000,000 Single Limit: Bodily Injury and Property Damage Liability Each Occurrence: $2,000,000 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. 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 Benetein Road -7- Village '7 - Village of Wolverine Lake Pwjett No. 54871 315/2019 Resolution #19101 April 18, 2019 The Chairperson referred the resolution to the Economic Growth and Infrastructure Committee. There were no objections.