HomeMy WebLinkAboutResolutions - 2019.05.23 - 31754(MISC. #19130)
REPORT May 23, 2019
BY: Commissioner William Miller, Chairperson, Economic Growth and Infrastructure Committee
IN RE: MR #19130 -- BOARD OF COMMISSIONERS —TRI -PARTY ROAD IMPROVEMENT
PROGRAM FISCAL YEAR 2019 APPROPRIATION — CITY OF LATHRUP VILLAGE — CONCRETE
SLAB REPLACEMENT ON SOUTHFIELD ROAD — PROJECT NO. 54821
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Economic Growth and Infrastructure Committee, having reviewed the above -referenced resolution on
May 14, 2019, reports with the recommendation that the resolution be adopted.
Chairperson, on behalf of the Economic Growth and Infrastructure Committee, I move the acceptance of
the foregoing report.
r
Commissioner William Miller, District #14
Chairperson, Economic Growth and
Infrastructure Committee
ECONOMIC GROWTH AND INFRASTRUCTURE COMMITTEE VOTE
Motion carried unanimously on a roll call vote with Spisz absent.
MISCELLANEOUS RESOLUTION #19130
BY: Commissioner Nancy Quarles, Uistrict #17
IN RE: BOARD OF COMMISSIONERS — TRI -PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR
2019 APPROPRIATION — CITY OF LATHRUP VILLAGE — CONCRETE SLAB REPLACEMENT ON
SOUTHFIELD ROAD — PROJECT NO. 54821
To the Oakland County Board of Commissioners:
Chairperson, Ladies and Gentlemen:
WHEREAS since the 1970s, the Oakland County Board of Commissioners has authorized the Tri -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 on December 6, 2018, the Board of Commissioners approved Miscellaneous Resolution
#18446 which designated $4,372,189 in fund balance for the Tri -Party Road Improvement Program for
projects managed by the RCOC; and
WHEREAS the City of Lathrup Village, along with the RCOC, has identified a project and said project is
ready to be undertaken immediately; and
WHEREAS the RCOC has appropriated its one-third (1 /3) share of the funding for the project in the City of
Lathrup Village and said appropriation has been transferred to a project account; and
WHEREAS the City of Lathrup Village has demonstrated that it has authorized its one-third (113) share of
the funding for the project and has executed a contract for payment with the RCOC; and
WHEREAS Oakland County's one-third (113) share of the Fiscal Year 2019 authorized amount of Tri -Party
Road Improvement funding for Project No. 54821 in the City of Lathrup Village is $15,000; and
WHEREAS funding is available in the General Fund Assigned Fund Balance for Tri -Party 2019 and prior
funding (account #383510) for Project No. 54821 in the amount of $15,000.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves
the project submitted by the City of Lathrup Village and authorizes the release of Tri -Party Road
Improvement Program funds from the Oakland County Assigned 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 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
Lathrup Village.
BE IT FURTHER RESOLVED the FY 2019 budget will be amended as follows:
GENERAL FUND (#10100)
FY 2019
Revenue
9010101-196030-665882
Planned Use of Balance
$15,000
Total Revenue
15
Expenditures
9010101-153010-740135
Road Commission Tri -Party
$15,000
Total Expenditures
15 0
Chairperson, I move the adoption of the foregoing Resolution.
Com rnissioner.ryPuarles
District #17
zzmmp:: :
18B
04125/19
'Mr.-Tmey-, 1A Anj gJOKS01 Irl.,w
Inter—Departmental Memorandum
TO .. Thomas G. Blust, P.E., Direotor of Engineering
FROM Thomas G. Noechel, Programming Supervisor Tevi
SUBJECTZ PROJECT NO. 54821, SOUTHFIELD ROAD (EAST LEG)
AT WESTBOUND 11 MILE ROAD
LOCAL COST PARTICIPATION AGREEMENT/TRI-PARTY PROGRAM
CITY OF LATHRUIP VILLAGE
ff MUM oil
work on Southfield Road (east leg) at westbound 11 Mile; Road. Construction on this
project is expected to begin this summer.
The City of Lathrup W[age has �016ded to use theParty Program to fund the estimated
total Woject cost of $45,000. Our share is estimated to be $15,000 and is in th6 FYI 9
budget.
The proiject is in the district of County Commissioner Nancy Quarles, The agreement is
in our standard approved format, and I recommend Board approval and authorize the
Managing Uirector to execute the agreement on behalf of the Board.
/je
Attachments
Recommended for Board Approval
Director of Engineering
r1► w1111�Ir i
I i
for OAKL
AND CO ONTY
QUALITY LIFE THROUGH GOOD ROADS:
ROAD COMMISSION FOR OAKLAND COUNTY
"WE CARE."
Board of Road Commissioners
Ronald J. Fowkes
Commissioner
Gregory C. Jamian
Commissioner
Andrea LaLonde
Commissioner
Dennis G. Kolar, RE.
Managing Director
GaryPiorrowicz, P.E., P. T. O.E.
Deputy Managing Director
County Highway Engineer
Clerk of the Board
31001 Lahser Road
Beverly Hills, MI
4BO25
248.645-2000
FAX
248-645-1349
www.rcacweh.org
April 25, 2019
Ms_ Yvette Talley, Clerk
City of Lathrup Village
27400 Southfield Road
Lathrup Village, MI 48076-3489
Re: Southfield Road (East Leg) at Westbound 11 Mile Road
Project No. 54821
Dear Ms. Talley:
A fully signed and executed agreement for the above-mentioned
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, April 25, 2019.
Please contact Thomas G. Noechel, Programming Supervisor at
(248) 645-2000 ext. 2266 to answer questions or for additional
information.
Sincerely,
l
Shannon J. Mi r r
Deputy -Secretary /Clerk of the Board
/sm
Enclosure
cc: Finance Department
Engineering Department
Programming Division
Lynn Sonkiss, Oakland County
-C -0 -
CONSTRUCTION
Southfield Road (east log)
At W6stbou Ind 11 Mile Road
C ity of Lath ru p Villag e
Board Project No, 54821
April
This Agreement, made and entered into this S� k day of&26 ," 2019,
by and between the Board of County Road Commissioners of the County of Oakland, Michigan,
hereinafter referred to e BOARD, and the City of Lathrop Village, fiere1nafter referred to as
the COMMUNITY, provides as follows
WHEREAS, the BOARD and the COMMUNITY have programmed the concrete slab
replacement on the east leg of Southfield Road at w6stbound 11 Mile Road, described in Exhibit
"A", attached hereto and made a part heroof, which improvements involve roads under thio
jurisdiction of the BOARO and within the COMMUNITY, which improvementsare hereinafter
referred to as the �P ROJ E CT. and
F IN III MEN �i I P
WHEREAS, said PROJECT involves certain designated and approved Tri -Party Program
funding in the amount of $4 000, Which amount shall be paid through equal contributions by the
BOARD, the COMMUNITY, and the Oakland County Board of Commissioners, hereinafter
WHEREAS, the BOARD and the COMMUNITY have reached a;mutual understanding
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.
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 $45,000 shall be funded and invoiced in the
following order.-
a.
rder:
a. Tri -Party Program in the amount of $45,000.
b. The COMMUNITY agrees that any PROJECT costs above the Tri -Party
Program funding of $45,000 will be shared equally between the BOARD and
the COMMUNITY.
6. Upon execution of this agreement, the COMMUNITY shall submit two invoices to
a. The first invoice shall be payable by the BOARD in the amount of $15,000
(being 100% of the BOARD's Tri -Party contribution).
b. The second invoice shall be payable by the COUNTY in the amount of $15,000
(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
31001 L.ahser Road
Beverly Hills, MI 48025
Southfield Road -2-
Cif
2 -
Cif of Lathrup Village
Project No. 54821
2!22!2019
Page 92 of 143
r
7. Upon receipt of said invoices, the COUNTY and the BOARD shall pay to the
COMMUNITY the full amount thereof, within thirty (30) days of such receipt.
Southfield Road
City of Lathrup Vtlage
Project No, 54821
2/27J2019
Page 93 of 143
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 De7vx7-LO -
Its Managing Director
CITY OF LATHRUP VILLAG
By
Its M6Lu0 Y
Southfield Road - 4
City ofLathrup Village
Project No. 54821
212212019
Page 94 of 143
Ll
EXHIBIT A
TRI -PARTY PROGRAM
Southfield Road (east leg)
At Westbound 11 Mlle Road
City of Lathrup Village
Board Project No. 54821
Concrete slab replacement on the east leg of Southfield Road at westbound 11 Mile Road.
ESTIMATED PROJECT COST
Contractor Payments $45,000
I COST PARTICIPATION BREAKDOWN
Southfield Road
City of Lathrup Village
Project No. 54821
2/22/2019
ME
Page 95 of 143
COMMUNITY
COUNTY
BOARD
TOTAL
FY2001 Tri -Party Program
$3,102
$3,102
$3,101
$9,305
FY2002 Tri -Party Program
$11,898
$11,898
$11,899
$35,695
TOTAL SHARES
$15,000
$15,000
1 $15,000
$45,000
Southfield Road
City of Lathrup Village
Project No. 54821
2/22/2019
ME
Page 95 of 143
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.
Page 96 of 143
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.
Southfield Road -7-
City
7City of Lalhrup Village
Project No. 54821
212212019
Page 97 of 143
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,
Southfield Road
City of Lathrup Village
Project No. 54821
21221M19
ff-Z
Page 98 of 143
EXHIBIT C PAGE 2
Resolution #19130
May 8, 2019
The Chairperson referred the resolution to the Economic Growth and Infrastructure Committee. There were
no objections.
Resolution #19130 May 23, 2019
W
-.ccompanying reports being accepted).
AYE& Hoffman� Jackson, Kochenderfer, Kowall, Kuhn, Long, Luebg, Markham, McGillivray,
Middleton, Miller, Nelson, Powell, Quarles, Taub, Weipert� WoodWard� Zack, Gershenson. (19)
NAY& • (0)
A sufficient mqjori�y having voted in favor� the resolutions on the amended Consent Agenda were adopted
(with accompanying reports being accepted).
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
1, 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 23, 2019,
with the original record thereof now remaining in my office,
In Testimony Whereof, I have hereunto set my hand and affixed the sea] of the Circuit Court at Pontiac,
Michigan this 23rd day of May, 2019.
Lisa Brown, Oakland County