HomeMy WebLinkAboutResolutions - 2012.08.23 - 20511Chairperson, I move the adbption of the fleregoing Resolution.
Rathy Vawford, Distri
Miscellaneous Resolution #12207
BY: Commissioner Kathy Crawford, District 9
RE: BOARD OF COMMISSIONERS - TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR
2012 APPROPRIATION - TOWNSHIP OF NOVI - RESURFACING VARIOUS LOCAL ROADS
- PROJECT NO. 51452
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 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 Sri-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
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 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 Township of Novi, 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 Township of Novi and said appropriation has been
transferred to a project account; and
WHEREAS the Township of Novi 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 Township of
Novi is $498.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
hereby approves the project submitted by the Township of Novi 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 Township of Novi.
-.'
owkes
C. Jarnian
Con .,.:sinner
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for OAKLAND COUNTY
QUALITY LIFE THROUGH GOOD ROADS:
ROAD COMMISSION FOR OAKLAND COUNTY
"WE CARE."
July 12, 2012
Mr. Dervvood Haines, Clerk
Township of Novi
44020 Cottisford Rd.
Northville, MI 48167
Eric S. Wils
CorninissOn
Der oiçP.E.
ilnar
Gary Pi. F, , T, 0,E.
Depi.ay ; tr nctor
County E Jineer
Re: PROJECT NO. 51452, NOVI TOWNSHIP RESURFACING
VARIOUS LOCAL ROADS
Dear Mr. Haines:
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, July 12, 2012.
Please contact Thomas G. Noechel, Programming Supervisor at (248)
645-2000 ext. 2266 to answer questions or for additional information.
Sincerely,
Patricia Z. VVierzbicki
Deputy-Secretary /Clerk of the Board
31001 Lahser Road
Beverly Hills, Ml
48025
/sm
248-645-2000
FAX
248-645-0452
TDD
248-645-9923
www.rcocweb.org
Enclosure
cc: Dennis Lockhart
Tim Soave
Quality Life through Good Roads "We Care"
A===.10 1 I Nadi ZIP
r.5:574211V
for 0 KLAND COUNT
Recommended for Board kproval
Thomas G. Nut_ P.E._
7/360 I
Thomas G. Nu% P.E.
Director of E
Inter-Departmental Memorandum
PROGRAMMING DIVISION
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DATE: June 29, 2012
To: Thomas G. Blust, P.E.
Director of Engineering
FROM: Thomas G. Noechel 7,411'1
Programming Supervisor
SUBJECT: PROJECT NO. 51452, NOVI TOWNSHIP RESURFACING
VARIOUS LOCAL ROADS
LOCAL COST PARTICIPATION AGREEMENT
Attached for your review and submission to the Board for their approval is the local cost
participation agreement with Novi Township for the resurfacing of Chedworth Drive and
Cottisford Road.
The Township has elected to use the Tr-Party Program to fund the estimated total
project cost of $1,494. Our share is estimated to be $498 and is in the FY12 budget.
The project is in the district of County Commissioner Kathy Crawford. 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.
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Attachments
COST PARTICIPATION AGREEMENT
CONSTRUCTION
Novi Township Resurfacing
Various Local Roads
Novi Township
Board Project No. 51452
This Agreement, made and entered into this day of Aut.-1 , 2012,
by and between the Board of Road Commissioners for the County of Oakland, Michigan,
hereinafter referred to as the BOARD, and the Novi Township, hereinafter referred to as the
COMMUNITY, provides as follows:
WHEREAS, the BOARD and the COMMUNITY have programmed the resurfacing of
various local roads, 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 $1,494; and
WHEREAS, said PROJECT involves certain designated and approved Tr-Party Program
funding in the amount of $1,494, 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, 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 $1,494 shall be funded as detailed below:
a. The Tr-Party Program funding is not to exceed $1,494.
b. The COMMUNITY agrees that any PROJECT costs above the Tr-Party
Program funding of $1,494 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 $498 (being 100% 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. Upon execution of this agreement and after August 23, 2012, the COMMUNITY
shall submit an invoice to the COUNTY in the amount of $498 (being 100% of the
COUNTY'S Tr-Party contribution).
Novi Township Resurfacing
Novi Township
Project No. 51452
6/15/2012
- 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. Upon receipt of said invoice(s), the BOARD and the COUNTY shall pay to the
COrviMUNITY the full amount thereof, within thirty (30) days of such receipt.
9. 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.
Novi Township Resurfacing
Novi Township
Project No. 51452
6/15/2012
- 3 -
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By (\,..(_.----/,e/04-LO
Its Managing Director
Y;-•rze_.77c:11--Y 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
NOVI TOWNSHIP
By
Novi Township Resurfacing
Novi Township
Project No. 51452
6/15/2012
- 4 -
Contractor Payments - Construction
Total Estimated Project Cost
$1,494
$1,494
COMMUNITY I COUNTY I BOARD I TOTAL
$172 I $172 I $173 I $517
EXHIBIT A
TRI-PARTY PROGRAM
Novi Township Resurfacings
Various Local Roads
Novi Township
Board Project No. 51452
Resurfacing of various local roads within the Novi Township.
ESTIMATED PROJECT COST
COST PARTICIPATION BREAKDOWN
FY10 Tr-Party Program
FY11 Tr-Party Program
FY12 Tr-Party Program
TOTAL SHARES
$173 I $172 I $172 I $517
$153 I $154 I $153 $460
$498 I $498 I $498 I $1,494
Novi Township Resurfacing
Novi Township
Project No, 51452
6/15/2012
- 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.
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.
Novi Township Resurfacing
Novi Township
Project No. 51452
6/15/2012
- 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.
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,
Novi Township Resurfacing
Novi Township
Project No, 51452
6/15/2012
- 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: $1,000,000
Such insurance shall include coverage for all owned, hired, and non-owned vehicles.
c. Excess and Umbrellas Insurance — The Contractor may substitute corresponding excess and/or umbrella
liability insurance for a portion of the above listed requirements in order to meet the specified minimum limits
of liability.
d. The Contractor shall provide for and on behalf of the Road Commission for Oakland County and all agencies
specified by the Road Commission, as their interest may appear, Owner's Protective Public Liability
Insurance. Such insurance shall provide coverage and limits the same as the Contractor's Public Liability
Insurance.
e. Notice — The Contractor shall not cancel, renew, or non-renew the coverage of any insurance required by
this Section without providing 30 day prior written notice to the Road Commission for Oakland County. All
such insurance shall include an endorsement whereby the insurer shall agree to notify the Road Commission
for Oakland County immediately of any reduction by the Contractor. The Contractor shall cease operations
on the occurrence of any such cancellation or reduction, and shall not resume operations until new insurance
is in force. If the Contractor cannot secure the required insurance within 30 days, the Board reserves the
right to terminate the Contract.
Reports — The Contractor or his insurance carrier shall immediately report all claims received which relate to
the Contract, and shall also report claims investigations made, and disposition of claims to the County
Highway Engineer.
EXHIBIT C PAGE 2
No Township Resurfacing
Novi Township
Project No. 51452
6115/2012
- 8 -
Resolution #12207 August 1, 2012
The Chairperson referred the resolution to the Finance Committee. There were no objections.
,E.It\L$NCE CidaklITTEE
'
FISCAL NOTE (MISC. #12207) August 23, 2012
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL
YEAR 2012 APPROPRIATION —TOWNSHIP OF NOVI — RESURFACING VARIOUS LOCAL ROADS
PROJECT NO. 51452
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 $498 is available in the General Fund Designated Fund Balance for Tr-Party 2012
and prior funding (account #383510) for project 51452.
3. This project is for the resurfacing of various local roads.
4. The FY 2012 budget be amended as follows:
General Fund #10100 FY 2012
Revenue
9010101-196030-665882 Planned Use of Fund Balance $498
Total Revenues $498
Expenditures
9010101-153010-740135 Road Commission Tr-Party $498
Total Expenditures $498
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Woodward absent.
Resolution #12207 August 23, 2012
Moved by Dwyer supported by Quarles the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Crawford, Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long,
Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, River, Runestad, Scott, Taub,
Weipert, Woodward, Bosnic, Covey. (24)
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).
A.PPF-OVE THIS REtOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45.559A (7)
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 August 23,
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 23 rd day of August, 2012.
ELQ_E
Bill Bullard Jr, Oakland County