HomeMy WebLinkAboutResolutions - 2011.10.20 - 18757Chairperson, we move the adoption of the foregoing Resolution.
Miscellaneous Resolution #11248
BY: Commissioners Beth Nuccio, District 1; Thomas F. Middleton, District 4
RE: BOARD OF COMMISSIONERS - TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR
2012 APPROPRIATION - CHARTER TOWNSHIP OF INDEPENDENCE - TRAFFIC SIGNAL
IMPROVEMENTS - PROJECT NO, 51071
TO: Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS since the 1970s, the Oakland County Board of Commissioners has
authorized the Tr-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 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 410045, provides that any Oakland County appropriation in support
of the Tr-Party Road Improvement Program shall be distributed only from the
designated General Fund Tri-Party Program fund balance after completion of
all of the following:
1. The Road Commission for Oakland County (RCOC) and a city, village,
or township (CVT) have identified a project and the project is ready
to be undertaken immediately; and
9 . The RCOC has appropriated its 1/3 share of the funding for the
project and transferred said appropriation to a project account; and
3. The CVT has authorized its 1/3 share of the funding for the project
and has executed a contract for payment with the RCOC; and
4. The Commissioner(s) representing the CVT requesting the project
submits 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 are
released from the Tr-Party Program designation account; and
WHEREAS the Charter Township of Independence, 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 Charter Township of Independence and said
appropriation has been transferred to a project account; and
WHEREAS the Charter Township of Independence has demonstrated that it has
authorized its one-third (1/3) share of the funding for the project and has
executed a contract for payment with the RCOC; and
WHEREAS Oakland County's one-third (1/3) share of the Fiscal Year 2012
authorized amount of Tri-Party Road Improvement funding for the Charter
Township of Independence is $16,950.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
hereby approves the project submitted by the Charter Township of Independence
and authorizes the release of Tr-Party Road Improvement Program funds from
the Oakland County Designated Fund Balance.
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 Charter Township of Independence.
Beth Nuccio, District 1 Thomas F. Middleton, District 4
friMAND COUNTY
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, September 1, 2011.
Please contact Thomas G. Noechel, Programming Supervisor at (248)
645-2000, ext. 2266 to answer questions or for additional information_
Sincerely,
ziaa-
Patricia Zlierzbicki
Deputy-Secretary /Clerk of the Board twr
Enclosure
cc: Dennis Lockhart
Tom Blust
Tom Noechel
Tim Soave
k
Quaur Y LI, I IHrtOUCin GOOD ROADS:
ROAD COMMISION FOR OAKLAND COUNTY
'WE CARE"
September 1, 2011
Board of Road Commissioners
Ronald J. Fowkes
Commissioner
Gregory C. Jamian
Commissioner.
Eric S. Wilson
Commissioner
Brent D. Bair
Managing Director
Dennis G. Kolar, P.E.
Deputy Managing Director
County Highway Engineer
31001 Lahser Road
Beverly Hills, MI
48025
248-645-2000
FAX
248-645-0462
248-646-9923
www.reocwea.orck
Ms. Barbara Pallotta, Clerk
Charter Township of
P.O. Box 69
Clarkston, Ml 48347-0069
Dear Ms. Pallolla:
tSief
Re: PROJECT NO. 51071, TRAFFIC SIGNAL IMPROVEMENTS
CLARKSTON ROAD AT FLEMINGS LAKE ROAD
WALDON ROAD AT WALTERS ROAD
Quality Life through Good Roads "We Care"
4-'1141ar OAKLAND C
Inter--Departmental Memorandum
PROGRAMMING DIVISION
DATE: August 19, 2011
To: Thomas G. Blust, RE.
Director of Engineering
FROM: Thomas G. NoecherrAIYI
Programming Supervisor
SUBJECT: PROJECT NO. 61071, TRAFFIC SIGNAL IMPROVEMENTS
CLARKSTON ROAD AT FLEMINGS LAKE ROAD
WALDON ROAD AT VVALTERS ROAD
LOCAL COST PARTICIPATION A3REEMENT
Attached for your review and submission to the Board for their approval is the local cost
participation agreement with the Charter Township of Independence for traffic signal
improvements on Clarkston Road at Flemings Lake Road and Weldon Road at Walters
Road.
The Charter Township of Independence has elected to use the Tri-Party Program to
fund the estimated total project cost of $50,850. Our share is estimated to be $16,950
and is in the FY11 budget.
The project is in the district of County Commissioner Thomas Middleton. The
agreement is in our standard approved format, and I recommend Board approval and
authorize the Managing Director to execute the agreement on behalf of the Board.
TGN/je
Attachment (2)
COST PARTICIPATION AGREEMENT
Clarkston Road at Flemings Lake Road
Weldon Road at Walters Road
Charter Township of Independence
BOARD Project 51071
This Agreement, made and entered into this k IC 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 Charter Township of independence, hereinafter
referred to as the COMMUNITY, provides as follows:
WHEREAS, the BOARD and the COMMUNITY have programmed the traffic signal
improvements on Clarkston Road at Flemings Lake Road and on Weldon Road at Walters 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 $50,850; and
WHEREAS, said PROJECT involves certain designated and approved Tr-Party Program
funding in accordance with the Tri-Party Program, in the amount of $50,850 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:
The COMMUNITY shall forthwith undertake and complete the PROJECT, as
above described, under Road Commission for Oakland County permit, and shall
perform all preliminary engineering and administration in reference thereto.
2. The BOARD shall perform all construction engineering and administration in
reference thereto.
3. The actual total cost of the PROJECT shall include preliminary engineering,
construction engineering and total payments to the contractor.
4. The estimated total PROJECT cost of $50,850 shall be funded as follows:
a. Tr-Party Program funding is not to exceed $50,850.
b. Any PROJECT costs above the Tr-Party Program fund amount of $50,850
will be funded first with any available Tr-Party Program Funds. If no Tri-
Party Program Funds are available, any PROJECT costs above $50,850
will be funded 100% by the COMMUNITY.
5. 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 $15,200.00 (being 100% of the BOARD'S Td-Party
contribution for preliminary engineering and contractor payments).
a. The invoice shall be sent to:
Ms. Julie Enders, Engineering Aide
Road Commission for Oakland County
31001 Lahser Road
Beverly Hills, MI 48025
7. After execution of this agreement, the COMMUNITY shall submit an invoice to the
COUNTY in the amount of $15,200.00 (being 100% of the COUNTY'S Tr-Party
contribution for preliminary engineering and contractor payments) on September
30, 2011.
7/2012011.51071.Clarkston.Waldon.Signals 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
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.
Upon execution of this agreement, the BOARD shall submit an invoice to the
COMMUNITY in the amount of $1,750 (being 100% of the COMMUNITY'S Tr-
Party contribution for the construction engineering).
10. After execution of this agreement, the BOARD shall submit an invoice to the
COUNTY in the amount of $1,750 (being 100% of the COUNTY'S Tr-Party
contribution for the construction engineering) on October 6, 2011.
11. Upon receipt of said invoice(s), the COMMUNITY and the COUNTY shall pay to
the BOARD the full amount thereof, within thirty (30) days of such receipt,
12. Within 90 days of completion of the PROJECT, the COMMUNITY shall submit to
the BOARD the following:
a. A cover letter originated by the COMMUNITY certifying that the PROJECT
is now complete.
b. A copy of the FINAL payment estimate paid to the contractor.
c. One copy of the complete set of the as-built construction plans containing
the adjusted quantities of the PROJECT.
7/20/2011.51071.Cl3rkston.Waldon.Signals 3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and date first written above.
BOARD OF ROAD COMMISSIONERS FOR THE
COUNTY OF OAKLAND
A Public Body Corporate
Managing Director
Charter Township of Independence
Its Townsi-k C / cr
By
Its
7120/2011.51071.Clarkst4n.Waldo1. Sig na Is 4
Preliminary Engineering
Construction Engineering
Contractor Payments
Total Estimated Project Cost
$10,600
$ 5,250
$35,000
$50,850
COMMUNITY
$ 4,564
12,386
$16,950
COUNTY
$ 4,564
12,386
r $16,950
TOTAL
$13,693
$37,157
$50,850
BOARD
$ 4,565
12,385
h $16,950
FY05 Tr-Party
FY06 Tr-Party
TOTAL SHARES
EXHIBIT A
TRI-PARTYPROGRAM
Clarkston Road at Flemings Lake Road
Waldon Road at Walters Road
Charter Township of Independence
BOARD PROJECT NO. 51071
Traffic signal improvements.
ESTIMATED PROJECT COST
COST PARTICIPATION BREAKDOWN
7/20/2011.51071.Clarkston.Wafdon.Signals 5
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 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 i-elated 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 pro-vision.
Governmental Functioncope: 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.
7/20/2011.51071.ClarKston.Wa1don,Signals 6
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,
7/20/2011 51071.Clarkston Waldon.Signals 7
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 for all owned, hired, and non-owned vehicles.
c. Excess and Umbrellas insurance — The Contractor may substitute corresponding excess and/or Umbrella
liability insurance fora 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,
EXHIBIT C PAGE 2
7120/2011.51071.Clarkston.Waldon.Signals 8
Resolution #11248 October 5, 2011
The Chairperson referred the resolution the Finance Committee. There were no objections.
FISCAL NOTE (MISC. #11248) October 20, 2011
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: BOARD OF COMMISSIONERS TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL
YEAR 2012 APPROPRIATION — CHARTER TOWNSHIP OF INDEPENDENCE — TRAFFIC SIGNAL
IMPROVEMENTS — PROJECT NO. 51071
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 Tr-Party Road Improvement Program for
projects managed by the Road Commission for Oakland County (RCOC).
2. Funding of $16,950 is available in the General Fund Designated Fund Balance for Tr-Party 2012
and prior funding (account #371510) for project 51071.
3. This project is for the traffic signal improvements on Clarkston Road at Flemings Lake Road and
on Weldon Road at Walters Road.
4. The FY 2012 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 2012
$16,950
$16,950
$16,950
$16,950
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Long, Greimel and Quarles absent.
I HEREBY APPROVE THE FOREGOING RESOMION
/0/2- ///1/
Resolution #11248 October 20, 2011
Moved by Taub supported by McGillivray the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Covey, Crawford, Dwyer, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Hoffman,
Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott,
Taub, Weipert, Woodward, Zack, Bosnic. (25)
NAYS: None. (0)
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, 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 October
20, 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 20th day of October, 2011.
Bill Bullard Jr., Oakland County