HomeMy WebLinkAboutResolutions - 2011.07.06 - 18624Miscellaneous Resolution 111122
BY Commissioners Robert Gosselin, District 13; Mike Bosnic, District 19;
David W. Potts, District 20; Gary R. McGillivray, District 24
: BOARD OF COMMISSIONERS - TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR
2011 APPROPRIATION - CITY OF TROY BIG BEAVER AND JOHN R ROAD - PROJECT NO
50911
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 409221 established the revised Tr-Party Road
Improvement Program - Funding and Project Approval Process; and
WHEREAS Miscellaneous Resolution 109221, as amended by Miscellaneous Resolution
410045, 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- apnropriation to a specific project account; and
3. The CVT has authoried 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 Troy, 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 Troy and
said appropriation has been transferred to a specific project account; and
WHEREAS the City of Troy 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 2011 authorized
amount of Tr-Party Read Improvement funding for the City of Troy is S93,478,
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
hereby approves the project submitted by the City of Troy as eligible for
appropriation and authorizes the release of the specified Tri-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,
Oak.14nd County Fiscal Services and the City of Troy.
C1-4a4rkerson, we rno,v44_ adoption of the foregoing Resolution.
Mike District 19
(
District -24 20 Gar' R. jiciTilJivray;
9oard of Road Commissioners
Ronald J. Rewires
Commissioner
Gregory C. Jarrilan
Commissioner
Eric S. Wilson
Commissioner
8rcni O. Bair
Managing Director
Dennis G. Kolar, RE.
Deputy Managing Director
Dowdy Highway Engineer
r
e
Sincerely,
4 Wit-c,
Patricia Z.
Deputy-Secretary /Clerk of the Board
VJAJJTY LIFE THROUGH 0000 ROADE:
ROAD COMIN[SSION FOR OAKLAND COUNTY
"WE CARE'
May 19, 2011
31001 Lahser Road
Beverly Hills, MI
48025
248-645-2000
FAX
248-645-0452
TDB
248-6454923
wwwfscaz-,web,crm
Ms. Tonni Bartholomew, Clerk
City of Troy
g 500 W. Big Beaver Road
Troy, Mt 48 A-5285
Re: PROJECT NO. 11,2011 CONC E PROGRAP,"
BIG BEAVER ROAD AND JOHN R ROAD
LOCAL COST PART1CIPA N
k
Dear Ms. Bartholomew
A fully signed and executed agreement for the above mentioned project
is enclosed.
The agreement was approved and subsequently signed by Brent 0.
Bair, Managing Director at the regularly scheduled Board meeting of
Thursday, May 19, 2011.
Please contact Thomas G. Noechel, Programming Supervisor at (248)
645-2. ii ext. 2266 to answer questions or for additional information.
Ism
Enclosure
Dennis Lockhart
Tom Blust
Tom Noechel
Tim Soave
COST PARTICIPATION AGREEMENT
2011 CONCRETE PROGRAM
Big Beaver Road and John R Road
City of Troy
BOARD Project Number 50911
This Agreement, made and entered into this day of
2011, by and between the Board of Road Commissioners for the County of Oakland, Michigan,
hereinafter referred to as the BOARD, and the City of Troy, hereinafter referred to as the
COMMUNITY, provides as follows:
WHEREAS, the BOARD and the COMMUNITY have programmed the concrete slab
replacement on Big Beaver Road and John R Road, 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 $280,435; and
WHEREAS, portions of said PROJECT costs involve certain designated and approved
funding in accordance with the Tri-Party Program in the amount of $280,435, 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:
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 preliminary engineering services and
administration in reference thereto.
2. The actual total cost of the PROJECT may include total payments to the
contractor.
3. The COMMUNITY shall comply with the provisions as set forth in Exhibit "B"
attached hereto.
4. The estimated total PROJECT cost of $280,435 shall be funded as detailed below:
a. The Tr-Party Program funding is not to exceed $280,435.
5. The COMMUNITY agrees that any PROJECT costs above the Tri-Party Program
funding of $280,435 will be funded 100% by the COMMUNITY.
6. Upon execution of this agreement, the COMMUNITY shall submit an invoice to the
BOARD in the amount of $46,739 (being 50% of the BOARD'S Tr-Party
contribution).
a. The invoice shall be sent to:
Ms. Shauna Knight, Engineering Aide
Road Commission for Oakland County
31001 Lahser Road
Beverly Hills, MI 48025
7. Upon execution of this agreement, the COMMUNITY shall submit an invoice to the
COUNTY in the amount of $46,739 (being 50% of the COUNTY'S Tr-Party
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
8. As costs of the PROJECT are incurred, the COMMUNITY shall invoice the
BOARD for the remaining 50% of the BOARD'S Tr-Party contribution, not to
exceed $46,739.
3/23/11#50911/froy/TP 2
9. 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 $46,739.
10. 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.
11. 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.
3/23/11#50911/Tray/TP 3
Its Mayor
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
Its
CITY OF TROY
By
Managing Director
Its City Clerk
3/23/11#50911/TroyfTP 4
Contractor Payments
Total Estimated Project Cost
$280,435
$280,435
COUNTY
$ 93,478
$ 93,478
EXHIBIT A
TRI-PARTY PROGRAM
2011
Concrete Slab Replacement
In the
City of Troy
Proiect No, Location Type of Work
50911 Big Beaver Road
John R Road
Concrete Slab replacement
TOTAL ESTIMATED PROJECT COST
COST PARTICIPATION BREAKDOWN
2011 Tr-Party Program
TOTAL SHARE(S)
COMMUNI
$ 93,479
$ 93,479
BOARD
$ 93,478
93,478
TOTAL
$280,435
$280,435
5/23/11#50911frroy/TP 5
Third Parties: This AGREE NT is not for the benefit of any third party.
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 payment 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.
312-311 1#509111Troy/TP 6
EXHIBIT C
UABIUTY 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 Contractors employees, to the statutory
limits of the State of Michigan and $500,000 employers 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 workers 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) contactual liability; and (4) independent contractors coverage.
312311 1 #50911 aroy/TP 7
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 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 ninimum 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 Contractors 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
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
3/2311 1 #50911 /TroyfTP 8
2011 Tr-Party Program Cost Participation Agreement
RESOLVED, That the Cost Participation Agreement between the City of Troy and the
Board of Road Commissioners for Oakland County for the 2011 Tr-Party Program is
hereby APPROVED at an estimated cost to the City of Troy of $93,479, and the Mayor
and City Clerk are AUTHORIZED TO EXECUTE the agreement, a copy of which shall
be ATTACHED to the original Minutes of this meeting.
\Fundhg ksueslIMPARTY120111Suggested R03 ,o,2011 Id Party Program.doc
Resolution #11123 June 9,2011
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FINANCE COMMITTEE
FISCAL NOTE (MISC. #11122) July 6, 2011
BY: Finance Committee, Torn Middleton, Chairperson
IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL
YEAR 2011 APPROPRIATION — CITY OF TROY BIG BEAVER AND JOHN R ROAD — PROJECT NO.
50911
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
Miscellaneous Resolution and finds:
1. On December 9,2010, the Board of Commissioners approved Miscellaneous Resolution #10312
which designated $3,764,945 in fund balance for the 2011 Tr-Party Road Improvement Program
for projects managed by the Road Commission for Oakland County (RCOC).
2. Funding of $93,478 is available in the General Fund Designated Fund Balance for Tr-Party 2011
and prior funding (account #371510) for project 50911.
3. This project is for the concrete slab replacement on Big Beaver Road and John R Road.
4, The FY 2011 budget be amended as follows:
General Fund #10100
Revenue
9010101-196030-665882 Planned Use of Fund Balance
Total Revenues
Expenditures
9010101-153010-740135 Road Commission Tr-Party
Total Expenditures
FY 2011
$93,478
$93,478
$93,478
$93,478
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Long and Greimel absent.
Resolution #11122 July 6, 2011
Moved by Middleton supported by Covey the resolutions (with fiscal notes attached) on the Consent Agenda
be adopted (with accompanying reports being accepted).
AYES: Crawford, Dwyer, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Hoffman, Jackson, Long,
Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Scott, Taub, Weipert, Woodward, Zack,
Bosnic, Covey. (24)
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).
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Bill Bullard Jr., 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 6, 2011, 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 6th day of July, 2011.
el,L121 091
Bill Bullard Jr., Oakland County