HomeMy WebLinkAboutResolutions - 2012.05.17 - 20220Miscellaneous Resolution #12125
BY: Commissioner Beth Nuccio, District 1
RE: BOARD OF COMMISSIONERS - TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR
2012 APPROPRIATION - CHARTER TOWNSHIP OF OXFORD - GRAVEL ROAD PROGRAM -
PROJECT NO. 51331
TO: Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS since the 1970s, toe 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 Tr-Party
Road Improvement Program - Funding and Project Approval Process; and
WHEREAS Miscellaneous Resolution #09221, as amended by Miscellaneous
Resolution #10045, 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:
The Road Commission for Oakland County (RCOC) and a city, village,
or township (CVT) have identified a prolect 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 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 in-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 Oxford, 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 Oxford and said appropriation has
been transferred to a project account; and
WHEREAS the Charter Township of Oxford 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 Oxford is $18,549.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
hereby approves the project submitted by the Charter Township of Oxford and
authorizes the release of In -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 Oxford.
Chairperson, I move the adoption of the foregoing Resolution.
Bctn Nuccio, I istrict 1
Board of Road COM?
Ronald.). Fawkes
Commissioner
Gregory C Jamian
Commissioner
Eric S. Wilson
Commissioner
Dennis a Kolar P.E.
Maneoing Director
1)trovicz, P.E,
anacting Director
Cour Highway Engineer
Ism
Enclosure
31001 Lahser Road
Beverly Hills, MI
48025
or OAKLAND COUNTY
QUALITY LIFE THROUGH GOOD ROADS:
ROAD COMMISSION FOR OAKLAND COUNTY
WE CARE." April 12, 2012
Mr. Curtis Wright, Clerk
Charter Township of Oxford
300 Dunlap Road
Oxford, MI 48371
Re: PROJECT NO. 51331, 2012 GRAVEL ROAD PROGRAM
Dear Mr. Wright:
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,
RHjJLL
Patricia Z. Wierzbicki
Deputy-Secretary /Clerk of the Board
; 5-11
248-645-2000
FAX
248-645-0452
TDD
248-645-9923
www.rcocweb.org
cc: Dennis Lockhart
Tom Blust
Tom Noechel
Tim Soave
for OAKLAN
E=IfftnnT21
!„)
Quality Life through Good Roads "We Care"
Inter—Departmental Memorandum
PROGRAMMING DIVISION
DATE: March 19, 2012
To: Thomas G. Blust, P.E.
Director of Engineering
FROM: Thomas G. Noechel-Ta
Programming Supervisor
SUBJECT: PROJECT NO 51331, 2012 GRAVEL ROAD PROGRAM
TOWNSHIP OF OXFORD
LOCAL COST PARTICIPATION AGREEMENT
Attached for your review and submission to the Board for their approval is the local cost
participation agreement with the Township of Oxford for the spreading of gravel and
chloride on various roads within the township.
The Township of Oxford has elected to use the Tri-Party Program to fund the estimated
total project cost of $55,646. Our share is estimated to be $18,548 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)
Recommended for • : porovE
14/i.
omas G. Biust, RE.
Director of Enaineerin
COST PARTICIPATION AGREEMENT
2012 GRAVEL ROAD PROGRAM
Charter Township of Oxford
Board Project No. 51331
This Agreement, made and entered into this day of c!,,,'")p—R__ , 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 Oxford, hereinafter referred
to as the COMMUNITY, provides as follows:
WHEREAS, the BOARD and the COMMUNITY have agreed to program the spreading of
gravel and chloride on various roads under the jurisdiction of the BOARD, as described in
Exhibit "A", attached hereto, and made a part hereof, the roads selected will be mutually agreed
upon by the BOARD and the COMMUNITY, which are hereinafter referred to as the PROJECT;
and
WHEREAS, the estimated total cost of the PROJECT is $55,646; and
WHEREAS, the PROJECT involves certain designated and approved Tr-Party Program
funding in the amount of $55,646 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 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, and shall perform all engineering, inspection and administration
in reference thereto.
The actual total cost of the PROJECT shall 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 $55,646 shall be funded as follows:
a. Tr-Party Program funding shall not exceed $55,646.
6. Upon execution of this Agreement, the COMMUNITY shall submit an invoice to the
BOARD in the amount of $18,548 (being 100% of the BOARD'S Tr-Party
contribution).
7. Upon execution of this agreement and after May 17, 2012, the COMMUNITY shall
submit an invoice to the COUNTY in the amount of $18,549 (being 100% 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. Upon receipt of said invoice(s), the BOARD and the COUNTY shall pay to the
BOARD the full amount thereof, within thirty (30) days of such receipt.
2012 Gravel Road Program
Charter Township of Oxford
Project No. 51331
02/28/2012
2
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
By 12.
Managing Director
Its
CHARTER TOWNSHIP OF OXFORD
2012 Gravel Road Program
Charter Township of Oxford
Project No, 51331
2/28/2012
3
EXHIBIT A
TRI—PARTY PROGRAM
2012 Gravel Road Program
Charter Township of Oxford
Board Project No. 51331
Spreading of gravel and chloride on various roads within the township.
ESTIMATED PROJECT COST
Contractor Payments $55,646
COST PARTICIPATION BREAKDOWN
COMMUNITY COUNTY BOARD TOTAL
FY12 Tr-Party Program $18,549 $18,549 $18,548 $55,646
TOTAL SHARES $18,549 $18,549 $18,548 $55,646
2012 Gravel Road Program
Charter Township of Oxford
Project No, 51331
02/28/2012
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 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.
Third Parties: This AGREEMENT is not for the benefit of any third party.
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.
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.
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,
2012 Gravel Road Program
Charter Township of Oxford
Project No. 51331
02/28/2012
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.
EXHIBIT C PAGE 2
2012 Gravel Road Program
Charter Township of Oxford
Project No. 51331
02/28/2012
7
Resolution #12125 May 2, 2012
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MISC. #12125) May 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 OXFORD — GRAVEL ROAD PROGRAM —
PROJECT NO. 51331
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 $18,549 is available in the General Fund Designated Fund Balance for Tr-Party 2012
and prior funding (account #383510) for project 51331.
3. This project is for FY2012 Gravel Road program.
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
$18,549
$18,549
$18,549
$18,549
"....,..FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Woodward and Quarles absent.
Resolution #12125 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).
I HEREBY APPROVE THE-FOREGOING RESOLUTION
ACTING PUF:SUANT 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 affi>sed the seal of the County of Oakland at
Pontiac, Michigan this l7 day of May, 2012.
R,LoiL
Bill Bullard Jr., Oakland County