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HomeMy WebLinkAboutResolutions - 2012.05.17 - 20218Chairperson, we move doption of the forer5n Resolution. Az . . • Robert Go:„.;elin,- Di Marcia Gershenson, District 17 David rii17-11 1L.s, Distric. 20 Miscellaneous Resolution 412124 BY: Commissioners Shelley C. Taub, District 16; Robert Gosselin, District 13; Marcia Gershenson, District 17; David W. Potts, District 20 RE: BOARD OF COMMISSIONERS - TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2012 APPROPRIATION - CHARTER TOWNSHIP OF BLOOMFIELD - ANDOVER ROAD - PROJECT NO. 51282 TO: Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS since the 1970s, the Oakland County Board of Commissioners has authorized the Tri-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 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 f-om the designated General Fund Tr-Party Program Lind balance after completion of all of the following: 1. The Road Commission for Oakland County (RCOC) and a city, village, or township (CPT) 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 3. The LIT 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 Tri-Party Program. The resolution shall be approved by the Finance Committee and the fall Board before any funds are released from the Tri-Party Program designation account; and WHEREAS the Charter Township of Bloomfieid, 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 Bloomfield and said appropriation has been transferred to a project account; and WHEREAS the Charter Township of Bloomfield 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 Charter Township of Bloomfield is $81,686. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the Charter Township of Bloomfield 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 Bloomfield. Board of Road Commissioners Ronald J. Fowkes Commissioner Gregory C, Jamian Commissioner Eric S. Wilson Commissioner Dennis G. Kolar, P.E. Managing Director Gary Piotrowicz, P.E., P. T. 0.5. Deputy Managing Director County Highway Engineer 31001 Lahser Road Beverly Hills, MI 48025 248-645-2000 FAX 248-645-0452 TOO 248-645-9923 www,rcocweb.orq - Patricia Z.' ierzbicki -J-- Deputy-Secretary /Clerk of the Board lsm Enclosure jvi =ROAD CONTIVISSION or OAKLAND COUNTY QUALITY LIFE THROUGH GOOD ROADS: ROAD COMMISSION FOR OAKLAND COUNTY "WE CARE." April 12, 2012 Mrs. Janet Roncelli, Clerk Charter Township of Bloomfield P.O. Box 489 Bloomfield Hills, MI 48303-0489 Re: PROJECT NO. 51282, ANDOVER ROAD COPPERWOOD DRIVE TO TELEGRAPH ROAD Dear Mrs. Roncelli: 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, April 12, 2012. Please contact Thomas G. Noechel, Programming Supervisor at (248) 645-2000 ext. 2266 to answer questions or for additional information. Sincerely, cc: Dennis Lockhart Tom Blust Tom Noechel Tim Soave TGN/je Attachment (2) \ Quality Life through Good Roads "We Care" "A' 1:7 AI .117 CICAtel for OA AND COLIIV Inter—Departmental Memorandum PROGRAMMING DIVISION DATE: March 16, 2012 To: Thomas G. Blust, RE. Director of Engineering FROM: Thomas G. Noechel /40 Programming Supervisor SUBJECT: PROJECT NO. 51282, ANDOVER ROAD COPPERWOOD DRIVE TO TELEGRAPH 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 Bloomfield for the concrete repair and replacement on Andover Road from Copperwood Drive to Telegraph Road. The Charter Township of Bloomfield has elected to use the Tr-Party Program to fund the estimated total project cost of $245,057. Our share is estimated to be $81,686 and is in the FY12 budget. The project is in the district of County Commissioner Shelley Taub. 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. Fiecornmendeci tor Board Approval --74-,d-1 A '17.zz Thomas G. Blust, RE. Director of Engin: : ring ( 7_ COST PARTICIPATION AGREEMENT CONSTRUCTION Andover Road Copperwood Drive to Telegraph Road Charter Township of Bloomfield Board Project No. 51282 • This Agreement, made and entered into this V2-3<k, day of , 2012, 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 concrete repair and replacement on Andover Road from Copperwood Drive to Telegraph 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 $245,057; and WHEREAS, said PROJECT involves certain designated and approved Tr-Party Program funding in the amount of $245,057, 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: 1. 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 construction engineering, inspection, 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 COMMUNITY shall comply with the liability and insurance requirements as set forth in Exhibit "C" attached hereto. 5. The estimated total PROJECT cost of $245,057 shall be funded as detailed below: a. The Tr-Party Program funding is not to exceed $245,057. b. The COMMUNITY agrees that any PROJECT costs above the Tr-Party Program funding of $245,057 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 $40,843 (being 50% of the BOARD'S Tr-Party contribution). 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 $40,843 (being 50% of the COUNTY'S Tr-Party contribution) on May 17, 2012. Andover Road Charter Towns hip of Bloornt ield Project No. 512E2 2124/2012 - 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 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 $40,843. 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 $40,843. 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 - Andover Road Charier Township of Bloomfield Project No. 51282 2/24/2012 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 CHARTER TOWNSHIP OF_BLOOMFIELD By LEO Its By Its Andover Road Charter Township of Bloomfield Project No. 51282 2/24/2012 -4- Contractor Payments $245,057 Total Estimated Project Cost $245,057 EXHIBIT A TRI-PARTY PROGRAM Andover Road Copperwood Drive to Telegraph Road Charter Township of Bloomfield Project No. 51282 Concrete repair and replacement on Andover Road from Copperwood Drive to Telegraph Road. ESTIMATED PROJECT COST COST PARTICIPATION BREAKDOWN COMMUNITY BOARD COUNTY TOTAL FY10 Tr-Party Program $17,256 $17,257 $17,256 $ 51,769 FY11 Tr-Party Program $18,229 $18,229 $18,229 $ 54,687 FY12 Tr-Party Program $46,200 $46,200 $46,201 $138,601 TOTAL SHARES $81,685 $81,686 $81,686 $245,057 Andover Road Charter Township of Bloomfield Project No. 51282 2/24/2012 - 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 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. Andover Road Charter Township of Bicomlield Project No 51282 2/24/2012 - 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. 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 Andover Road Charier Township of Bloomfield Project No. 51282 2124/2012 - 9 - Resolution #12124 May 2, 2012 The Chairperson referred the resolution to the Finance Committee. There were no objections. FISCAL NOTE (MISC. #12124) February 17, 2012 BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2012 APPROPRIATION — CHARTER TOWNSHIP OF BLOOMFIELD — ANDOVER ROAD — PROJECT NO. 51282 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 $81,686 is available in the General Fund Designated Fund Balance for Tr-Party 2012 and prior funding (account #383510) for project 51282. 3. This project is for concrete repair on Andover Road. 4. The FY 2012 budget be amended as follows: General Fund #10100 Revenue 9010101 -1 96030-665882 Planned Use of Fund Balance Total Revenues Expenditures 9010101-153010-740135 Road Commission Tr-Party Total Expenditures FY 2012 $81,686 $81,686 $81,686 $81,686 NI 1 NCE(eeiMMITTEE /41,\ I --r41 i 2/ Li:.„-f.",;, FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Woodward and Quarles absent. Resolution #12124 May 17, 2012 Moved by Taub supported by Zack the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Covey, Crawford, Dwyer, Gershenson, Gingell, Gosselin, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, River, Runestad, Scott, Taub, Weipert, Woodward, Zack, Bosnic. (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). ___132-4.,e, I HEREBY APPROVE THE FOREGOING RESOLUTION ACTM PURSUANT TO 1973 PA 139 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 17, 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 17th day of May, 2012. Bill Bullard Jr., Oakland County