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HomeMy WebLinkAboutResolutions - 2010.06.09 - 10149Miscellaneous Resolution 410123 BY; Commissioner Christine Long, District 7 RE: BOARD OF COMMISSIONERS TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 201D APPROPRIATION - CHARTER TOWNSHIP OF MILFORD PROJECT NO. 50361 TO: Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS since the 1973s, the Oakland County Board of Commissioners has authorized the discretionary Tr-Party Road Improvement Program to assist Oakland County r 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 Tri-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 Ccunty's 173 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 Charter Township of Milford, 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 Charter Township of Milford and said appropriation has been transferred to a specific project account; and WHEREAS the Charter Township of Milford has demonstrated that it has authorized its one-third .1./3) share of the funding for the specified protect and has executed a written contract for payment with the Road Commission for Oakland County; and WHEREAS Oakland County's one-third (1/31 share of the Fiscal Year 2010 authorized amount of Tr-Party Road :mprovement funding for the Charter Township of Milford 235,575. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the Charter Township of Milford 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 PURTHER RESOLVED that the Oakland County Clerk is requested to ferward copies of this adopted resolution to the Road Commission for Oakland County, Oakland County Fiscal Services and the Charter Township of Milford. Chairperson, we move the adoption of the foregoing Resolution. Resolution #10123 Christine tong, District May 20, 2010 The Chairperson referred the resolution to the Finance Committee. There were no objections. 5oard of Road Commissioners Gregory C. Jamian Commissioner Richard 0. Skarritt Commissioner Eric S. Wilson Conwnisvoner Brent 0. Bair Managing Direc1 Dennis G. Kolar, P.E. Deputy Managing Director County Highway Engineer 31001 Lahser Road Beverly Hills, MI 48025 248 645-2000 FAX 248-645-1349 TDD 248-645-9923 www.reocvdeb.org =ROAD COPIMMION for OAKLAND COUNTY USIALFPf LIFE TH.O.IGH GOOD PQAD:`; OAD comms&KDN rip QARLA40 COW- WE CARE' May 13, 2010 Ms. Holly Brandt, Clerk Charter Township of Milford 1100 Atlantic Milford, Nil 48381-2000 Re. MILFORD ROAD, AT DAWSON ROAD; PROJECT NO. 50361 Dear Ms. Brandt: A fully si gned and executed a greement for the above mentioned project is enclosed. The agreement was approved and subse quently si gned by Brent 0. Bair, Mana ging Director at the re gularly scheduled Board meetin g of Thursda y, May 13, 2010. Please contact Thomas Noechel at (248 ) 645-2000 ext. 2266 to answer questions or for additional information. Sincerely, WOAA. tAdAL Patricia Z. Wiebicki Deputy-Secretary /Clerk of the Board /sjg Enclosure cc: Dennis Lockhart Thomas Noechel Tim Soave r/47/0 Thomat-G. Blust, RE. Director of Engineering Attachment (2) (4° b-AA Quality Life through Good Roads "We Care" =1M:tog AO tiraitraWMVCPA for OAKLAND COUNTY Inter—Departmental Memorandum PROGRAMMING DIVISION DATE: April 29, 2010 To: Thomas G. Blust, P.E. Director of Engineering FROM: Thomas G. Noeche17:4Y1 Programming Supervisor SUBJECT: PROJECT NO. 50361, MILFORD ROAD AT DAWSON ROAD LOCAL COST PARTICIPATION AGREEMENT Attached for your review and submission to the Board for their approval is the local cost participation agreement with the Charter Township of Milford for the widening, storm sewer, edge drain and curb and gutter work with an HMA overlay on Milford Road at Dawson Road. The estimated total project cost is $706,726. The Charter Township of Milford has elected to use the Tr-Party Program to fund the total project cost. Our 1/3 share is $235,575 and is in the FY10 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. TGN/sk Recommended for Board Approval /0 COr4CUir-- 54; ho COST PARTICIPATION AGREEMENT CONSTRUCTION Milford Road At Dawson Road Charter Township of Milford BOARD Project 50361 This Agreement, made and entered into this fl -q.t. day of 0,1\'`f , 2010, by and between the Board of Road Commissioners for the County of Oakland, Michigan, hereinafter referred to as the BOARD, and the Charter Township of Bloomfield, hereinafter referred to as the COMMUNITY, provides as follows: WHEREAS, the BOARD and the COMMUNITY have programmed the widening, storm sewer, edge drain and curb and gutter work with an HMA overlay on Milford Road at Dawson 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 $706,726; and WHEREAS, said PROJECT involves certain designated and approved Tr-Party Program funding in accordance with the Tri-Party Program, in the amount of $706,726 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 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 include total payments to the contractor. 3. The cost of the PROJECT shall be funded in accordance with the following: a. Tri-Party Program funding is not to exceed $706,726. b. The COMMUNITY agrees that any PROJECT costs above the Tr-Party Program funding of $706,726 will be funded 100% by the COMMUNITY. 4. The COMMUNITY will comply with the provisions as set forth in "Exhibit B", attached hereto. 6. Upon execution of this agreement, the COMMUNITY shall submit an invoice to the BOARD in the amount of $117,787.50 (being 50% of the BOARD'S Tr-Party contribution). 6. Upon execution of this agreement, the COMMUNITY shall submit an invoice to the COUNTY in the amount of $117,787.50 (being 50% of the COUNTY'S Tr-Panty contribution). 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 As costs of the PROJECT are incurred, the COMMUNITY shall invoice the BOARD for the remaining 50% of the BOARD'S Tri-Party contribution, not to exceed $117,787.50. 2 312512010 50361 Milford/IIDaveson 8. As costs of the PROJECT are incurred, the COMMUNITY shall invoice the COUNTY for the remaining 50% of the COUNTY'S Tr-Party contribution, not to exceed $177,787.50. 9. 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. 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 of the PROJECT. 3/2512410.50361.Miiford@Dawson 3 By 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 Charter Township of Milford Its Its 0750 r 325/2010.50361.Milfoid@Dawson 4 Contractor Payments $706,726 Total Estimated Project Cost $706,726 EXHIBIT A TRI-PARTY PROGRAM 2010 County Supported Road Improvements Milford Road At Dawson Road Charter Township of Milford BOARD PROJECT NO. 50361 Widening, storm sewer, edge drain and curb and gutter work with an HMA overlay at the intersection of Milford Road at Dawson Road. ESTIMATED PROJECT COST COST PARTICIPATION BREAKDOWN COMMUNITY COUNTY BOARD TOTAL FY98-03 Tr-Party $56,276 $56,275 $56,275 $168,826 FY04 Tr-Party 20,254 20,254 20,254 60,762 FY05 Tr-Party 20,183 20,183 20,183 60,549 FY06 Tr-Party 31,228 31,229 31,229 93,686 FY07 Tr-Party 31,400 31,400 31,40d- 94,200 FY08 Tr-Party 31,348 31,348 31,347 94,043 FY09 Tr-Party 31,328 31,327 31,328 93,983 FY10 Tr-Party 13,559 13,559 13,559 40,677 TOTAL SHARES $235,576 $235,57 -1- $235,575 $706,726 3125121310.51)361.MilfordeDawson 5 Exhibit B PROVISIONS Bidding: The COMMUNITY shall select the contractor for its she 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 sub consultants. 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. 32512010 50361.Milfordg Dawson 5 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 Contactor, 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, 3/25/2010.50361 Milford#,Daveson 7 a 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 minimum 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 kw 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 Contactor 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 3/25/2010 50361 Miltorcl@Dawson 8 Resolution #10123 May 20, 2010 The Chairperson referred the resolution to the Finance Committee. There were no objections. Expenditures 10100-9010101-1 5301 0-7401 35 Tri Party Total Expenditures $235,575 $235,575 June 9, 201C FiSCAL NOTE (MR #10123) BY. FINANCE COMMITTEE, TOM fV1IDDLETON, CHAIRPERSON IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2010 APPROPRIATION — CHARTER TOWNSHIP OF MILFORD PROJECT NO. 50361 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 409290 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. Unused Tr-Party funding of 33.928.942 accumulated from Oakiand County appropriations from FY 2009 and prior was returned from RCOC and is designated in the County General Fund (account #371509). 3. Funding of 3222.016 is available in the General Fund Designated Fund Balance for Tri Party 2009 and prior funcing (account #371509) for project 50361 widening, storm sewer. edge drain, curb, and gutter work at Milford Rd. ana Dawn Rd. intersection. 4. Funding of $13,559 is available in the General Fund Designated Fund Balance for Th-Party 2010 funding (account #371510) for the balance of the above- mentioned project. 5 The FY 2010 budget be amended as foilows: General Fund # 10100 Revenue FY 2010 10100 9010101-196030-665882 Planned Use of Fund Balance $235,575 Total Revenues $235,575 NCE COMMITTEE FINANCE CCMMTriEE VOTE: Moton carried unanimously on a roll call vote w I 1, Resolution #10123 June 9, 2010 Moved by Gosselin supported by Nash the resolutions (with fiscal notes attached) on the Consent Agenda be adopted, AYES: Burns, Capella, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson. Jacobsen, Long, McGillivray, Middleton, Nash. Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard. (25) NAYS . None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted. I HEREBY APPROVE THE FOREGOING RESOLUTION ACTING PURSUANT TO 1973 PA 139 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 June 9, 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 9th day of June, 2010, ede Ruth Johnson, County Clerk