HomeMy WebLinkAboutResolutions - 2010.07.22 - 10129t:'"lairoerson, I movc.: the adbption of the fore701 ,1 Resolution.
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Xisceliaheous eso1rton10174
BY: Com.mi:sioner Thomas F. Middleton, District 4
RE: BOARD OF COMMISSIONERS - TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR
2010 APPROPRIATION - CITY OF THE VILLAGE OF CLARKSTON PROJECT NO.50461
TO: 0:3klanc County Board of Ccmmissioners
Li..dies ono Gentlemen:
WHEREAS Einoe the 197E, the Oakland Couty Foard of Co=i.ssioners has autnr -fid
olEcretioh ,iry 2r1-Party Road Improvement Progra:t :o assist :land .Coant•'
cities, villade and townsh:ps :CVI's with the ce)hstruct.ich, Inaihten,ance
iepair of roc-Os located within the boundaries of cc. kinaCoontv CVT :_sthe
tLe direct.ion and control oS the Road OCL:flin .: for- Oa .klahd
WHEREAS 7./.1scellances Resolution ',:9221 estaielisLed the rcvlsed
1:!Tfevemn7 72LC;fR.77. - Fanding and Projett Ptleprovl 7rccess; •LO
WHEREAS :-..scellaneous Res2ution 0922 -i, as amehdeu byMisoellanecus Re.:3oluLion
prevides that any di.ecretionacy Oak:,and Coanty appeoriatioh in 3u 1',Tort of :ri -Party '.,oad Improvement Program ;shall be diEtribdted only from ne
deslgnated &eneral 7unc Tri -Farty Frogrom. fund bal.Jhco ahd may beTJ5Cohly
oempletion of all of the following:
The Road Commission f:or Oaklahd CotiLty (P.COG and an iheitviduJi
village, or township (CVT; have idehtitied j apecSfio proeet ar.d
pe:ecit is ready to be undertaken imitediately; and
c.T RCCC has appropriated its 173 cna:e of the f..indind tor
and transferred said appropriaton to d specifio projeci ,icea.,ant;
The CVT nas adthorized itE :7 -2 snare of the funoin71 for the ":)r-olct anc
has executed a written contract fof pJ.;y7 ,.nit with the RCC:-.0; and
4.
The C=missioner;s; representing the CV: requetinq the project saL:::to
to the board of CcalMiESiODS Finance Ccmmitte a Jtie
horizing approprietich of rh,
1.i-$ share of the r-oiect from the C:enoral Ft.nd Designated 'L-r.rd
for 72fi -Party Pror:ram. The resoldtioh be appf-oved by tht Fin]n'7:e
C=ittee and the feil Board befert any funds tr.av Le relmased from :he
-.:1-1-Party Program designation acceent; cC
WHEREAS toe City of the Village of Clarkston, a1eng with the Road Co.mmiseitne:
ftr CoC1nnd County has identified a specific proleet and said project is ready
be ".:hderta}:eh Camediatelv; and
WHEREAS .h(2 Road Commission for Oakland County has appropr:oted its e:.:2 -thlr.1
sba'oe' of the fundChg for the i.dentified p!--o'eot in the City of thc:
of Ciarksten and said appropriation has beeh tro.fisferfed to a ::peoito
:account; aitO
WHEREAS the City of the Village of Clarkston has demonstrated tn ,.it to
Tatnorized its the -thrd (:./3 share of the ferdino tor the specified proj%:Jt
Loe executod a written contrast for pavmen: with t'!-.e Road Commission foi
ar.d
WHEREAS "_)and •ounty's one -third sh"::e of th Fiscal l'ear 2C.It aathtl:
7 --::.-Fartv Road "L;provement funding for trio City of the
Ciorkton is 'o00.
NOW THEREFORE BE IT RESOLVED :hat the Oaklane Cbt:nty Bbard of Cof.milohe
hereby approves the prcect submitted by the City of the Vii:oge of (kLn
eligible for appropriation and authorizes the leT-ease of the sq:etLfeo : Tri -P.Jty Posh :mprovement 7_)1_-eqran funds fromth -.2 Oaklane C"ac.nty lPci.€rcC. fah6
Thr'71
BE IT FURTHER RESOLVED that tne Cakiand Ceenty Thtc t: requested 7_d
:-21.1ef: of tf.s ad3ptec; resoiction to the Road .o.mmir,si ,on tor C".:1 1k:and
Fl:';eaL Services =th.d the City of the VfiThge of Clarkston.
Re: SIDEWALK REPLACEMENT CLARKSTON, W. WASHINGTON
AND S. HOLCOMB ROADS. PROJECT NO. 50461
Dear Ms. Gillespie:
A fully signed and executed agreement for the above mentioned project
is enclosed.
The agreement was approved and subsequently signed by Brent O. Bair,
Managing Director at the regularly scheduled Board meeting of
Thursday, June 24, 2010. -
do ,r t i e4( (1 ficzKi#0.-
Ill+ /Pe t
June 24, 2010
ROAD COMYSSION
for OAKLAND COUNTY
ClOWTY LPFEI NRCIV011 .504,0 ROADS
ROAD OONVd165104 FOR OAKLAND COUNT,
WE CARE'
Ms. Janet Gillespie, Clerk
City of the Village of Clarkston
375 Depot Road
Clarkston, Michigan 483.46-1418
Board of Road Commissioners
Gregory C. Jamian
Commissioner
Richard G. Skarn11
Commissioner
Eric S. Wilson
Commissoncr
Brent a Bair
Managing Director
Dennis G. Kolar, P.E.
Deputy Managing Director
County Highway Engineer
Please contact Thomas G. Noechel Programming Supervisor at (248)
(248) 645-2000 ext. 2266 to answer questions or for additional
information.
Sincerely,
L06/A-a40;.-
Patricia rerzbicki
Deputy-Secretary/Clerk of the Board
/sg
Enclosure
31001 Lahser Road
Beverly Hills. MI
48025
248-845-2000
FAX
248-645-1349
TDD
248-645-9923
www.reocweb.org
cc: Dennis Lockhart
Thomas Noechel
Tim Soave, Oakland County
COST PARTICIPATION AGREEMENT
Clarkston Road, W. Washington Road and S. Holcomb Road
City of the Village of Cladcston
BOARD Project 50461
This Agreement, made and entered into this 2-44 .1k day of 3 t.)Pri— , 2010,
by and between the Board of Road Commissioners for the County of Oakland, Michigan,
hereinafter referred to as the BOARD, and the City of the Village of Clarkston, hereinafter
referred to as the COMMUNITY, provides as follows:
WHEREAS, the BOARD and the COMMUNITY have programmed the sidewalk
replacement along Clarkston Road, W. Washington Road and S. Holcomb Road, 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; and
WHEREAS, the estimated total cost of the PROJECT is $1,500; and
WHEREAS, said PROJECT involves certain designated and approved Tri-Party Program
funding in accordance with the Tri-Party Program, in the amount of $1,500 from the Tri-Party
Program whith 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 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 all construction engineering, inspection and administration in reference
thereto.
2. The actual total cost of the PROJECT shall indude total payments to the
contractor.
The cost of the PROJECT shall be funded in accordance with the following:
a. Tri-Party Program funding is not to exceed $1,500.
b. The COMMUNITY agrees that any PROJECT costs above the Tri-Party
Program funding of $1,500 will be funded 100% by the COMMUNITY.
4. The COMMUNITY will comply with the provisions as set forth in "Exhibit Er%
attached hereto.
5. Upon execution of this agreement, the COMMUNITY shall submit an invoice to the
BOARD in the amount of $500 (being 100% of the BOARD'S Tr-Party
contribution).
a. The invoice shall be sent to:
Ms. Sina Escoe, Construction Accountant
Road Commission for Oakland County
31001 Lahser Road
Beverly Hills, MI 48025
6. After execution of this agreement, the COMMUNITY shall submit an invoice to the
COUNTY in the amount of $500 (being 100% of the COUNTY'S Tri-Party
contribution) on July 22, 2010.
SW10060461 ClarkstonSidewalk 2
a. The invoice shall be sent to:
Mr. Tim Soave, Manager of Fiscal Services
Executive Office Building
2100 Pontiac Lake Road, Building 41 West
Waterford, MI 48328
7. Upon receipt of said invoice(s), the BOARD and the COUNTY shall pay to the
COMMUNITY the full amount thereof, within thirty (30) days of such receipt.
8. 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 of the PROJECT.
516/10 #50481 ClarkstonSidewalk 3
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
By
Managing Director
City of the Village of Clarkston
By
Its
Its
5f6/1 I/60461 ClarketonSiciewalk 4
Contractor Payments $1,500
Total Estimated Project Cost 11M
EXHIBIT A
TRI-PARTY PROGRAM
2010
County Supported Road Improvements
Clarkston Road
W. Washington Road and S. Holcomb Road
City of the Village of Clarkston
BOARD PROJECT NO. 50461
Sidewalk replacement along Clarkston Road, W. Washington Road and S. Holcomb Road.
ESTIMATED PROJECT COST
COST PARTICIPATION BREAKDOWN
COMMUNITY COUNTY BOARD TOTAL
—FY02-03 Tri-Party $ 500 $ 500 $ 500 $1,500 _ TOTAL SHARES $ 500 $ 500 $ 500 $1,500
Exhibit B
PROVISIONS
Bidcing: The COMMUNFTY shall select the contractor for its share of the wort, 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 complance with the provisions of 1963 PA 213 as amended, compiled at MCL
129.201, et seq.
Further the commuNrrY shall require the contractor to provide insurance naning the Road Commission for 04dand
County as additional named insured's_ Coverage's shall be substantial, as set forth in Exhibit C attached hereto.
Records: The pales 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 diming business hours upon
request giving reasonable notice. Such records shaN 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 win require compliance of all subcontractors and sub consultants.
In accordance with Michigan 1976 PA 453, the COMMUNITY hereto agrees not to discriminate against an employee
or applicait for employment with respect to hire, tenure, terms, conditions or privileges of employment because of
race, color, religion, nalional 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 rasped 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 subconsuitards 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.
51 0 t50401 ClorketenSidworalk 6
F.XHIBIT C
LJABILJTY 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 Transportafion 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
Oaldand 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 10 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. Body Injury Liability or Single Lirrit 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
Properly 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 fealties due to drilling and excavating
with mechanical equipment and (b) collapse or structural injury to structures due to blasting or explosion,
513t10 150461 ClarkstonSiclewelk 7
excavation, tunneling, pile diving, cofferdam work, or building moving or demolition; (2) product and
completed operations; (3) contractual liability; and (4) independent contractors coverage.
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 Single Limit BodNy 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 Contactor 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, Owners Protective Public Liabifity
Insurance. Such insurance shall provide coverage and limits the same as the Contractors Public Wilily
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
fix Oaldand County immediately of any reduction by the Contractor. The Contractor shad 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 2
8 5/6/1 0 150461 ClarkstonSidevralk
Resolution #10174 July 7, 2010
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MR #10174) July 22, 2010
BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON
IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM
FISCAL YEAR 2010 APPROPRIATION — CITY OF THE VILLAGE OF CLARKSTON PROJECT
NO. 60461
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. Unused Tr-Party funding of $3,928,942 accumulated from Oakland County
appropriations from FY 2009 and prior was returned from RCOC and is
designated in the County General Fund (account #371509).
2. Funding of $500 is available in the General Fund Designated Fund Balance for
Tri Party 2009 and prior funding (account #371509) for project 50461 sidewalk
replacement along Clarkston Road, W. Washington Road and S. Holcomb Road.
3 The FY 2010 budget be amended as follows:
General Fund # 10100
Revenue FY 2010
10100 9010101-196030-665882 Planned Use of Fund Balance $500
Total Revenues $500
Expenditures
10100-9010101-153010-740135 Tri Party $500
Total Expenditures $500
F_LNANcE COAVTTEE
4 - Zfriks
FINANCE COMMITTEE
Motion carried 1..manimously on a roll call vote with Greimel and Long
absent.
I HERBY APPROVE THE FOREGOING RESOLUTION
• • 4,
Resolution #10174 July 22, 2010
Moved by Gosselin supported by Nash the resolutions (with fiscal notes attached) on the amended Consent
Agenda be adopted (with accompanying reports being accepted).
Discussion followed.
AYES: Burns, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Jackson, Jacobsen, Long,
McGillivray, Middleton, Nash, Potts, Runestad, Scott, Taub, Zack, Bullard. (19)
NAYS: None. (0)
ABSTAIN: Schwartz. (1)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent
Agenda were adopted (with accompanying reports being accepted).
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 July 22, 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 22nd day of July, 2010.
eat
Ruth Johnson, County Clerk