HomeMy WebLinkAboutResolutions - 2010.08.19 - 10020Miscellaneous Resolution # 10194
BY: Commissioner Helaine Zack, District 22
RE: BOARD OF COMMISSIONERS - TRI -PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR
2010 APPROPRIATION - CITY OF OAK PARK PROJECT NO 50491, 10 MILE ROAD FROM
GREENFIELD TO EAST CITY LIMITS
TO: Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS since the 1970s, the Oakland County Board of Commissioners has authorized
the discretionary Tr-Party Road Improvement Program to assist Oakland County's
cities, villages and townships (CVTs) with the construction, maintenance and
repair of roads located within the boundaries of an Oakland County CVT and under
the supervision, direction and control of the Road Commission for Oakland County;
and
WHEREAS Miscellaneous Resolution #09221 established the revised Tr-Party Road
Improvement Program - Funding and Project Approval Process; and
WHEREAS Miscellaneous Resolution #09221, as amended by Miscellaneous Resolution
#10045, provides that any discretionary Oakland County appropriation in support
of the Tr-Party Road Improvement Program shall be distributed only from the
designated General Fund Tr-Party Program fund balance and may be made only after
completion of all of the following:
1. The Road Commission for Oakland County (RCOC) and an individual city,
village, or township (CVT) have identified a specific project and said
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 specific project account; and
3. The CVT has authorized its 1/3 share of the funding for the project and
has executed a written contract for payment with the RCOC; and
4. The Commissioner(s) representing the CVT requesting the project submits
to the Board of Commissioners Finance Committee 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 before any funds may be released from the
Tr-Party Program designation account; and
WHEREAS the City of Oak Park, along with the Road Commissioner for Oakland County
has identified a specific project and said project is ready to be undertaken
immediately; and
WHEREAS the Road Commission for Oakland County has appropriated its one-third
(1/3) share of the funding for the identified project in the City of Oak Park
and said appropriation has been transferred to a specific project account; and
WHEREAS the City of Oak Park has demonstrated that it has authorized its one-
third (1/3) share of the funding for the specified project and has executed a
written contract for payment with the Road Commission for Oakland County; and
WHEREAS Oakland County's one-third (1/3) share of the Fiscal Year 2010 authorized
amount of Tr-Party Road Improvement funding for the City of Oak Park is $ 9,290.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
hereby approves the project submitted by the City of Oak Park as eligible for
appropriation and authorizes the release of the specified Tr-Party Road
Improvement Program funds from the Oakland County General Fund Designated Fund
Balance.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward
copies of this adopted resolution to the Road Commission for Oakland County,
Oakland County Fiscal Services and the City of Oak Park.
Chairperson, I move the adoption of the foregoing Resolution.
Helaine Zack, Ipljtrict 22
=ROAD
COMMISSION
for OAKLAND COUNTY
DUALITY LIFE THROUGH GOOD ROADS.
ROAD CONIVIESSION FOR OAKLAND COUNTY
WE CARE"
Board of Road Commissioners
Gregory C. Jamian
Commissioner
Richard G. Skarritt
Commissioner
Eric S. Wilson
Commissioner
Brent 0. Bair
Managing Director
Dennis G Kolar, P.E.
Deputy Managing Director
County Highway Engineer
Patricia t-Wietzbicki
Deputy-Secretary /Clerk of the Board 10 0 0 Co 90
July 29, 2010
Ms. Angela Y. Brunke, City Clerk
13600 Oak Park Boulevard
Oak Park 48237-2029
Re: PROJECT NO. 50491, 10 MILE ROAD GREEF1ELD
ROAD TO EAST CITY LIMITS LOCAL COST
PARTICIPATION AGREEMENT
Dear Ms. Brunke:
A fully signed and executed agreement for the above mentioned
project is enclosed.
The agreement was approved at the regularly scheduled Board
meeting of Thursday, July 29, 2010 and subsequently executed
by Brent 0. Bair, Managing Director.
Please contact Thomas G. Noechel, Programming Supervisor at
(248) 645-2000 ext. 2266 to answer questions or for additional
information.
Sincerely,
WiA,4.14,cetv:, 2_
31001 Lahser Road
Beverly Hills, MI
48025
248-645-2000
FAX
248-645-1349
TDD
248-645-9923
www.rcooweb.org
Ism
Enclosure
cc: Dennis Lockhart
Thomas G. Noechel
Tim Soave, Oakland County
COST PARTICIPATION AGREEMENT
40 /Ale Road
Greenfield Road to East City Limits
City of gait Park
BOARD Project 50491
This Agreement, made and entered into this ?-gjii day of .-1 6,01 , 2010,
by and between the Board of Road Commissioners tor the County of baktand, Michigan,
hereinafter referred to as the BOARD, and the City of Oak Park, hereinafter referred to as the
COMMUNITY, provides as follows:
WHEREAS, the BOARD and the COMMUNITY have programmed the crack sealing on
10 Mile Road from the Greenfield Road to East City Limits, as 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; arid
WHEREAS, the estimated total cost of the PROJECT is $27,869; and
WHEREAS, said PROJECT involves certain designated and approved Id-Party Program
funding in accordance with the Tr-Party Program, in the amount of $27,869 from the Tr-Party
Program which amounts 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 understandng 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 all constriction engineering, inspection and administration in reference
thereto.
2. The actual total cost of the PROJECT shall include total payments to the
contractor.
3. The cost of the PROJECT shall be funded in accordance with the following:
a. Trf-Party Program funding is not to exceed $27,669.
b. The COMMUNITY agrees that any PROJECT costs above the Tri-Party
Program funding of $27,869 will be funded 100% by the COMMUNITY.
4. The COMMUNITY will comply with the provisions as set forth in *Exhibit B",
attached hereto.
5. Upon execution of this agreement, the COMMUNITY shall submit an invoice to the
BOARD in the amount of $4,645 (being 50% of the BOARD'S Tr-Party
contribution).
a. The invoice shall be sent to
kiirigszti Zoi•Lb Ms. Binertseee, Construction Accountant
Road Commission for Oakland County
31001 Lahser Road
Beverly lilts, MI 48025
6. After execution of this agreement, the COMMUNITY shall submit an invoice to the
COUNTY in the amount of $4,645 (being 50% of the COUNTY'S Tri-Party
contribution) on July 22, 2010.
41 290 — /06
sei /1 o 0564611.CII§OrkPort101111e.Admin 2
a. The invoice shall be sent to:
Mr. Turn Soave, Manager of Fiscal Services
Executive Office Building
2100 Pontiac Lake Road, Buillng 41 West
Waterford, MI 48328
7. As costs of the PROJECT are incurred, the CommuNrry shall invoice the
BOARD for the rernalning 50% of the BOARDS Tri-Party contribution, not to
exceed $4,645.
8, As costs of the PROJECT are incurred, the COMMUNITY shall invoice the
COUNTY for the remaining 50% of the COUNTY'S Tri-Party contribution, not to
exceed $4,645.
9. Upon receipt of said invoice(s), the BOARD and the COUNTY shall pay to the
COMMUNITY the full amotst thereof, within thirty (30) days of such receipt.
10. Within 90 days of completion of the PROJECT, the COMMUNITY shall submit to
the BOARD one copy of the complete set of the As-built construction plans
containing the adjusted quantities 0( 11* PROJECT.
6111/10 1160491 .C140a1cPerk 1 01111•Adnen 3
Managing Director
Richard A. Fox, City Manager
By
APPROVED
AS TO F9RM
By,
Its
Angela Y. Clerk
SHIFMAN bARE§oN, PC.
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
4
$EM
527.869
EXHIBIT A
TRI-PARTY PROGRAM
2010
County Supported Road Improvements
10 Mile Road
Greenfield Road to East City Limits
City of Oak Park
BOARD PROJECT NO. 50491
Crack Sealing on 10 Mile Road from the Greenfield Road to East City Limits
ESTIMATED PROJECT COST
Contractor Payments
Total Estimated Project Cost
COST PARTICIPATION BREAKDOWN
_ COMMUNITY COUNTY BOARD TOTAL
FY10 Trl-Party $ 9,289 $ 9,290 $ 9,290 $27,869
TOTAL SHARES $ 9,2.;,: $ 9,290 $ 9,290 $27,869 '
6,11 0 050,01.01KadtPek OMILAmnin 5
Eddbit B
PROWSIONS
Min The COMMUNITY shd select the continctor far b share oi the mak, on a competitive basis by
advertising
for sealed bids in accordance with its established practices.
Bonds - Insurance: The COMMUNITY shot require the confracbr provide payment and performance bonds for the
PROJECT; said bonds to be in =glance with the provisions of 1963 PA 213 as amended, compiled ri MCL
129.201, et seq.
Further the COMMUNITY shall require the contrador b provide insurance naming the Road Corm*zion for Oaidand
County as addr5onai naned inured's. Coverage's shad be substarrlial, as set forth in EMU* C attached hereto.
Rom& The pates shd keep records of their expenses regarding the PROJECT in acoordame with generally
accepted accounting promisees, aid shd make said records available to the other during business hours upon
request giving reasonable notice. Such records shad be kept for three (3) yeas from final payment
Final costs shall be allocated after audit of the records and adjustments in payments shad be invoted and paid within
thirty (30) days thereafter.
EEO: The COMMUNITY shall require is contactor to specifically agree that hi comply with any aided applicable
State, Federal, arid Local statutes ordinance* and regulations, and with RCOC regulations during performance of the
SERVICES and will require compliance of d subcontractors aid sub consultants.
In accordance with Michigan 1976 PA 453, the COMIALVITY hereto agrees not to discrininate against an employee
or applicant for employment with respect to tire, tenure, Isms, coniklions or prIvieges of employment, because of
race, color, red** national origin, age, sex, height, weight or marital slabs. Farther, in accordance with ',Wigan
1976 PA No. 220, as amended, the pales hereby are not to disaimiude against an employee or epplicard for
employment with respect to hire, tenure, kerns, conditions or privieges of employment, or a matterdr ecly or
Indivictty related to employment, because of a &obit/ that is unrelated to the individual's ability to perform the
duties of a particular job of position.
The commumny hither agrem that it wtil require d subconsukards and subcontractors for dig PROJECT comply
with this provision.
ItemmegtMlumftigms It is declared &lithe work perforrned under dis AGREEMENT is a governmental
function. It is the Hendon of the parties hereto that* AGREBENT shit not be consbued b waive the defense of
governmental 'murky held by the RCOC, and the COMMUNITY.
Third Perla; This AGREEMENT Is not far the benefit of any tt*d pat/.
6/11/10 150411.CittOskPark COAIN.Achdrt
MOT C
LIABLITY AND NNIUIWICE FtEQUIREIENTS
1-8kliftgriAgsmegt The Contractor shall kid harmless, represent defend and indemnify the Boad of
County Road Comnissioners of Oaldand County, the Road C011111861311 for Oakland County, its dicers and
employees; the County of Oakland; the Water Resources Drain Correnissionsr and relevant drainage district(s), if
applicable; the Michigan State Transportation Commissin the Michigan Department of Transpoitalom and the local
unit(s) of government, within which the Project is located against all claims ix damps to pubic or private property,
for Wes to persons, or for other chins arising out d the performance or nonperformance of the contracted work,
whether &dog the Progress or der the candela' Mead
Insoraice The Contractor prim' to exec:don of the contract, slid Ills with the Rout Commission for
(Wand County, copies of complete ceraceles of Insurance as evidence that he cadre adequate instrance
sdsfactcry to the Board. Insurance coverage shag be provided in accordate with the following:
a. Workmen's Compensate Instance: To provide protection for the Contradces employees, to the galaxy
limits of the State of Michigan and $500,000 waloyers liability. The indernnificaion obigaion under this
secion shall not be imked in any ways by arry Irritation on the amount or type of dames, computation or
benefits payable by or icr the Contractor under workers drably compensation coverage estabished by
b. Body injury and Properly Damage Other than i‘utomobie: To afford protection against d claims for
damages to public or private property, and injuries to persons siting out of and during the prowess and to
the conpletion of the work, and with respect to puke and completed operdons for one yea- alter
=vision of the wad(
1. Bodily Injury Daddy or Single Limit Bodiy Injury and Property DallEce
Each Person: $1,000,000 Each Occurrence: $1,000,000
Each Occurrence $1,000,000 *reedy $2000,000
A09retiate $2000,000
Properly Damage Liddy:
Each Occurrencm $250,000
Aggefiele: $250,000
Such insuranceshd include: 1) explosion, (*lapse, and underground damage hands (x,c,u), with shd
Include, but net be Elltilled ID =Fergie for 40 undertatind da-nage to faunas due to dnling and wanting
with rathanical equipmen and (b) collapse or seucaal injury to structures due to biasing or explosion,
611/10 #50491.City0mkPrIc 1 Otaltugoft 7
excavation, tunneing, pie driving, cofferdam ink or bulking moving or definition; (2) product and
completed operabons; (3) catractual lablity; and (4) independent teasel:a coverage.
2. Bodily Injury Uabilly and Properly Barrage Uablty - Auk/nobles (comprehensive Auto Liabilky).
The ninimum knits of badly iniury lability and property damage Wily shal be:
Bodly UyLlabllty or Single Lirrit Bally injury and Properly Damage Liatity
Each Person $500,000 Each Macrame: $2,000,000
Each Occurrence $1,000,000
Properly Damage Uablity:
Each Occurrence: $1,000,000
Such insurance shaft Include coverage for all owned, hired, and non-owned vehnies.
c. Excess and Umbrellas Insurance - The Contact( may subsehAe connsconding excess andior umbrella
liablity insurance Ma *ion riffle above listed requirements in order to meet the speced ninimum knits
of leaky.
d. The Contractor shall provide for and on behalf of tior Road Comrnission for Oadand County and all agencies
specified by the Road Commission, as their interest may appear, Owner's Protective Pubic Liability
Instance. Such Insurance shall provide coverage and kits the sane as the Contacix's Pubic Whiny
Inswarce.
e. Notice - The Contactor shati not cancel, mnew, or non-renew the coverage of any Insurance mated by
this Section without proviing 30 day prior widen notice to the Road Commission kw Oadand County. Al
such insurance shall loclude an endorsement whereby the insurer ski! agree to notify the Road Commission
M Oaldand County immediately of any reduction by ti m Contactor. The Contact( shall cease operations
on the occurrence at any such cancellation or reduction, and shall not resume operations until new Insurance
Is in bce, if the Contactor cannot secure the required Insurance with 30 days, the Board reserves the
right to terminate the Contract
f. Report - The Contractor or Ns insurance canter shall Immetialely wort al clams received which relate to
the Contract, and shall also report dains lotedgations made, and disposition of claims to the County
Iliginvoi Engineer.
EXHIBIT C PAGE 2
on V10 1/50491.0406Part.1011kAdmia
Resolution #10194 August 4, 2010
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MR #10194) August 19, 2010
BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON
IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM
FISCAL YEAR 2010 APPROPRIATION — CITY OF OAK PARK PROJECT NO 50491, 10 MILE
ROAD FROM GREENFIELD TO EAST CITY LIMITS
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 resolution and finds:
1. On December 9, 2009, the Board of Commissioners approved Miscellaneous
Resolution #09290 which designated $1,000,000 in fund balance for the 2010
Tr-Party program for projects managed by the Road Commission for Oakland
County (RCOC).
2. Funding of $9,290 is available in the General Fund Designated Fund Balance for
Tri Party 2010 and prior funding (account #371510) for project 50491, crack
sealing on 10 Mile Road from Greenfield Road to East City Limits.
3. The FY 2010 budget be amended as follows:
General Fund #10100
Revenue FY 2010
10100 9010101-196030-665882 Planned Use of Fund Balance $9,290
Total Revenues $9,290
Expenditures
10100-9010101-153010-740135 Tri Party $9.290
Total Expenditures $9,290
ECer0)AMITT:4_, t r_actfiz
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Long and Greimel
absent.
Resolution #10194 August 19, 2010
Moved by Gosselin supported by Nash the resolutions (with fiscal notes attached) on the Consent Agenda be
adopted (with accompanying reports being accepted).
AYES: Coleman, Coulter, Douglas, Gershenson, Gingeil, Gosselin Greimel, Hatchett, Jackson,
Jacobsen, Long, McGillivray, Middleton, Nash, Potts, Runestad, Schwartz, Scott, Taub, Woodward,
Bullard, Burns, Capello. (23)
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 THE REGOING RESOLUTION
v
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Ruth Johnson, 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 August 19, 2010,
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 19th day of August, 2010.
Ruth Johnson, County Clerk