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HomeMy WebLinkAboutResolutions - 2012.05.02 - 20191Miscellaneous Resolution #12107 BY: Commissioner Beth Nuccio, District 1 RE: BOARD OF COMMISSIONERS - TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2012 APPROPRIATION - OAKWOOD ROAD - VILLAGE OF ORTONVILLE - PROJECT NO: 51241 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 Oak] and County's cities, villades 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 409221 established the revised Trl-?arty Road improvement Program - Funding and Pro (act Approval Process; and WHEREAS Miscellaneous Resolution 409221, 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 Tr-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 (C277) have identified a project and the 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 project account; and 2. The CVT has authorized its 1/3 . share of the funding for the project and has execute° 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 Tri-Party Program designation account; and WHEREAS the Village of Ortonville, 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 Village of Ortonville and said appropriation has been transferred to a project account; and WHEREAS the Village of Ortohville 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 Tr-Party Road Improvement funding for the Village of Ortonville is $2,205. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the Village of Ortonyille 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 Village of Ortonville. Chairperson, I move the adoption of the foregoing Resolution. for AKLAND CUNT Board of Road Commissioners Ronald Fowkes Commissioner Gregory C. Jamian Commissionor Eric S. Wilson Commissioner Dear Ms. Barckholtz: A fully signed and executed agreement for the above mentioned project is enclosed. The agreement was approved and subsequently signed by Dennis G. Kolar, P.E., Managing Director at the regularly scheduled Board meeting of Thursday, March 15, 2012. Please contact Thomas G. Noechel, Programming Supervisor at (248) 645-2000 ext. 2266 to answer questions or for additional information. Sincerely, (44.2.6ttz: Patricia Z. Wierzbicki Deputy-Secretary /Clerk of the Board 7 0 a, 0 QUALITY LIFE THF ;JGH GOOL; ROADS: ROAD COMMISSION F-012 OAKLAND COUNTY CARE March 15, 2012 Ms. Heidi Barckholtz, Clerk Village of Ortonville P.O. Box 928 Ortonville, MI 48462-0928 Re: PROJECT NO. 51241, OAKWOOD ROAD AT 190 OAKWOOD ROAD Brent 0. Bak Managing Director Dennis G. Kolar, P.E. Deputy Managing Director County Highway Engineer 31001 Lahser Road Beverly Hills, MI 48025 248-645-2000 FAX 248-645-0452 TDD 248-645-9923 . wwwrcveb orcf Ism Enclosure cc: Dennis Lockhart Tom Blust Torn Noechel Tim Soave Quality Life through Goed Roads "We Care" jr? for OAKLAND COUNTY Inter—Departmental Memorandum PROGRAMMING DIVISION DATE: March 1,2012 To: Thomas G. Blust, P.E. Director of Engineering FROM: Thomas G. Noechel Programming Supervisor SUBJECT: PROJECT NO. 51241, OAKWOOD ROAD AT 190 OAKWOOD 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 Village of Ortonville for the removal and replacement of the existing culvert located at 190 Oakwood Road. The Village of Ortonville has elected to use the Tr-Party Program to fund the estimated total project cost of $6,615. Our share is estimated to be $2,205 and is in the FY12 budget. The project is in the district of County Commissioner Beth Nuccio, 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) 60.6V0--10 47÷4 C 4 Cen cur T COST PARTICIPATION AGREEMENT Oakwood Road At 190 Oakwood Road Village of Ortonville Board Project No, 51241 This Agreement, made and entered into this N -1-1,1, day of itit,A1444- , 2012, by and between the Board of Road Commissioners for the County of Oakland, Michigan, hereinafter referred to as the BOARD, and the Village of Ortonville, hereinafter referred to as the COMMUNITY, provides as follows: WHEREAS, the BOARD and the COMMUNITY have agreed that it is necessary to remove and replace the existing culvert located at 190 Oakwood Road, described in Exhibit "A", attached hereto and made a part hereof, which improvements involve road(s) 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 $6,615; and WHEREAS, the PROJECT involves certain designated and approved funding in accordance with the Tr-Party Program, in the amount of $6,615 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 COMMUNITY and the BOARD have reached a mutual understanding regarding the cost sharing of the PROJECT costs and wish to commit that understanding to writing in the Agreement. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, 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 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 in the amount of $6,615. 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 $2,205 (being 100% of the BOARD'S share of the estimated PROJECT cost). a. The invoice shall be sent to: Julie Enders, Engineering Aide 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 $2,205 (being 100% of the COUNTY'S Tr-Party contribution) on April 18, 2012. 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, the BOARD and the COUNTY shall pay to the COMMUNITY the full amount thereof, within thirty (30) days of such receipt. Oakwood Road Project No. 51241 2/1/2012 2 By Its 01/4-fe .".71916//1-j, By Its 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 Managing Director VILLAGE OF_ORTONVILLE i --I Oakwood Road Project No. 51241 2/1/2012 $6,615 EXHIBIT A TRI-PARTY PROGRAM OAKVVOOD ROAD At 190 Oakwood Road County Supported Road Improvements in the VILLAGE OF ORTONVILLE Board Project No. 51241 Remove and replace culvert at 190 Oakwood Road. _ ESTIMATED PROJECT COST Contractor Payments BREAKDOWN OF SHARES FUNDING COMMUNITY BOARD COUNTY TOTAL FY98-99 Tri-Party $1,322 $1,322 $1,323 $3,967 FY00-01 Tr-Party $ 883 $ 883 882 2,648 TOTAL SHARES $2,205 2,205 2,205 $6,615 Oakwood Road Project No. 51241 2/112012 4 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 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. Oakwood Road Project No. 51241 2/1/2012 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 obligalion 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, 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, Oakwood Road Project No. 51241 2/1/2012 6 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 $1,000,000 Property Damage Liability: Each Occurrence: S1,000,000 Such insurance shall include coverage for all owned, hired, and non-owned vehicles. c. Excess and Umbrellas Insurance — The Contractor may substitute corresponding excess and/or umbrella liability insurance for a portion of the above listed requirements in order to meet the specified minimum limits of liability. d. The Contractor shall provide for and on behalf of the Road Commission for Oakland County and all agencies specified by the Road Commission, as their interest may appear, Owner's Protective Public Liability Insurance. Such insurance shall provide coverage and limits the same as the Contractor's Public Liability Insurance, e. Notice — The Contractor shall not cancel, renew, or non-renew the coverage of any insurance required by this Section without providing 30 day prior written notice to the Road Commission for Oakland County. All such insurance shall include an endorsement whereby the insurer shall agree to notify the Road Commission for Oakland County immediately of any reduction by the Contractor. The Contractor shall cease operations on the occurrence of any such cancellation or reduction, and shall not resume operations until new insurance is in force. If the Contractor cannot secure the required insurance within 30 days, the Board reserves the right to terminate the Contract. Reports — The Contractor or his insurance carrier shall immediately report all claims received which relate to the Contract, and shall also report claims investigations made, and disposition of claims to the County Highway Engineer. Oakwood Road Project No. 51241 211/2012 7 :tor 0 KLA i CQUNTY Board of Road Commissioners Ronald 1, Fawkes Commissioner Gregory C. ,Jernian Commissioner Eric S. Wilson Commissioner Dear Ms. Barckholtz: QUALM( LIFE THROUGH GOOD ROADS: ROAD CONMI-$S1O1 FOR OAKLAND COUNTY WE CARE' March 15, 2012 Ms. Heidi Barckholtz, Clerk Village of Ortonville P.O. Box 928 Ortonville, MI 48462-0928 Re: PROJECT NO. 51241, OAKWOOD ROAD AT 190 OAKWOOD ROAD Brent 0. Bair Managing Director Ocnais Kolar, PE. Deputy Managing Director County Highway Engineer 31001 Lahser Road Beverly Hills, MI 48025 248-645-2000 FAX 248-645-0452 TDB 248-645-9923 A fully signed and executed agreement for the above mentioned project is enclosed. The agreement was approved and subsequently signed by Dennis G. Kolar, RE., Managing Director at the regularly scheduled Board meeting of Thursday, March 15, 2012. Please contact Thomas G. Noechel, Programming Supervisor at (248) 645-2000 ext. 2266 to answer questions or for additional information. Sincerely, Patricia Z. Wierzbicki Deputy-Secretary /Clerk of the Board Ism Enclosure cc: Dennis Lockhart Tom Blust Tom .Noechel TimSoave etLc4 -i2 /3 Pt0-43 4,70,0,0-04 . OR--- Len € ur )J- Quality Life through Good Roads "We Care" r - for OAKLAND COUNTY Inter—Departmental Memorandum PROGRAMMING DIVISION DATE: March 1,2012 To: Thomas G. Blust, P.E. Director of Engineering FROM: Thomas G. Noechel -77-41F) Programming Supervisor SUBJECT: PROJECT NO. 51241, OAKWOOD ROAD AT 190 OAKWOOD 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 Village of Ortonville for the removal and replacement of the existing culvert located at 190 Oakwood Road. The Village of Ortonville has elected to use the Tri-Party Program to fund the estimated total project cost of $6,615. Our share is estimated to be $2,205 and is in the FY12 budget. The project is in the district of County Commissioner Beth Nuccio, 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) rSPs COST PARTICIPATION AGREEMENT Oakwood Road At 190 Oakwood Road Village of Ortonville Board Project No. 51241 This Agreement, made and entered into this day of 11A,ASAA- , 2012, by and between the Board of Road Commissioners for the County of Oakland, Michigan, hereinafter referred to as the BOARD, and the Village of Ortonville, hereinafter referred to as the COMMUNITY, provides as follows: WHEREAS, the BOARD and the COMMUNITY have agreed that it is necessary to remove and replace the existing culvert located at 190 Oakwood Road, described in Exhibit "A", attached hereto and made a part hereof, which improvements involve road(s) 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 $6,615; and WHEREAS, the PROJECT involves certain designated and approved funding in accordance with the Tr-Party Program, in the amount of $6,615 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 COMMUNITY and the BOARD have reached a mutual understanding regarding the cost sharing of the PROJECT costs and wish to commit that understanding to writing in the Agreement. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, 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 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 in the amount of $6,615. 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 $2,205 (being 100% of the BOARD'S share of the estimated PROJECT cost). a. The invoice shall be sent to: Julie Enders, Engineering Aide 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 $2,205 (being 100% of the COUNTY'S Tr-Party contribution) on April 18, 2012. 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, the BOARD and the COUNTY shall pay to the COMMUNITY the full amount thereof, within thirty (30) days of such receipt. Oakwood Road Project No. 51241 2/1/2012 2 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 g By Managing Director VILLAGE OF ORTONVILLE .40 - BY Its pcite 1-21/92057,-- Its Oakwood Road Project No. 51241 2/1/2012 3 EXHIBIT A TR 1-PARTY PROGRAM OAKWOOD ROAD At 190 Oakwood Road County Supported Road Improvements in the VILLAGE OF ORTONVILLE Board Project No. 51241 Remove and replace culvert at 190 Oakwood Road. ESTIMATED PROJECT COST Contractor Payments BREAKDOWN OF SHARES $6_‘615 FUNDING COMMUNITY BOARD COUNTY TOTAL ' FY98-99 Tri-Party $1,322 $1,322 $1,323 $3,967 FY00-01 Tri-Party $ 883 $ 883 $ 882 $2,648 TOTAL SHARES $2,205 $2,205 $2,205 $6,615 Oakwood Road Prciect No. 51241 2/1/2012 4 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 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. Oakwood Road Project No. 51241 2/1/2012 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 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, Oakwood Road Project No. 51241 2/1/2012 6 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 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 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. Oakwood Road Project No. 51241 2J1/2012 7 Resolution #12107 April 18, 2012 The Chairperson referred the resolution to the Finance Committee. There were no objections. CE commiTTEE-- cn.4 FISCAL NOTE (MISC. #12107) May 2, 2012 BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2012 APPROPRIATION — OAKWOOD ROAD — VILLAGE OF ORTONVILLE — PROJECT NO. 51241 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 15, 2011, the Board of Commissioners approved Miscellaneous Resolution #11305 which designated $2,876,802 in fund balance for the Tr-Party Road Improvement Program for projects managed by the Road Commission for Oakland County (RCOC). 2. Funding of $2,205 is available in the General Fund Designated Fund Balance for Tr-Party 2012 and prior funding (account #383510) for project 51241. 3. This project is for the removal and replacement of the existing culvert located at 190 Oakwood 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 $2,205 $2,205 $2,205 $2,205 FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Long and Runestad absent. IOVE THE FOREGOING RESOLUTION TO IS Resolution #12107 May 2, 2012 Moved by Long supported by Woodward the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, River, Runestad, 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 be adopted (with accompanying report 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 May 2, 2012, 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 2 nd day of May, 2012. (P. Bill Bullard Jr., Oakland County