HomeMy WebLinkAboutResolutions - 2012.08.23 - 20512Disteriat Marcia Gershensod, /District 17
Chairper)o /option of the foregoing Resolati
9
Shelley G. District 16
Miscellaneous Resolution #12209
BY: Commissioners Marcia Gershenson, District 17; John A. Scott, District
5; Shelley G. Taub, District 16
RE: BOARD OF COMMISSIONERS - TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR
2012 APPROPRIATION - CHARTER TOWNSHIP OF WEST BLOOMFIELD - NASHWAY
DRIVE - PROJECT NO. 51432
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, maAntenance and
repair of roads under the supervision, direction and control of the Road
Commission. for Oakland County; and
WHEREAS Miscellaneous Resolution 409221 gstablished 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 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 (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 CYT 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 (5) 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 full Board before any funds are
released from the Tri-Party Program designation account; and
WHEREAS the Charter Township of West Bloomfield, 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 West Bloomfield and said
appropriation has been transferred to a project account; and
WHEREAS the Charter Township of West 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 West Bloomfield is ,$25,000.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
hereby approves the project submitted by the Charter Township of West
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
conies of this resolution to the Road Commission for Oakland County, Oakland
County Fiscal Deu.4,ces and the Charter Township of West Bloomfield.
Ronald J. Fowkes
Commissioner
Gregory C. Jamian
Commiss.ioner
Eric S. Wilson
Commissioner
nis G. Kolar, P.E.
Jaging Director
y PiotroMcz
; Vi' tor
31001 Lahser Road
Beverly Hills, MI
48025
248-645-2000
FAX
248-645-0452
TDD
248-645-9923
www. rcocwe b.o rg
NO COUNTY
QUALITY LIFE THROUGH GOOD ROADS:
ROAD COMMISSION FOR OAKLAND COUNTY
"WE CARE."
July 12, 2012
Board of Road Commissioners I
1 Ms. Cathy Shaughnessy, Clerk
Charter Township of West Bloomfield
P.O. Box 250130
West Bloomfield, MI 48325-0130
Re: PROJECT NO. 51432, NASHWAY DRIVE
NORMA LEE TO MAPLE ROAD
Dear Ms. Shaughnessy:
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,
13 • 10edA;- i
Patricia Z. ierzbicki
Deputy-Secretary /Clerk of the Board
/sm
Enclosure
cc: Dennis Lockhart
Tim Soave
7442_
Thomas G. Btust, RE.
Director of Engineering
Quality Life through Good Roads "We Care"
==rir 42 7 .40
7.S7Ctilif
Inter-Departmental Memorandum
PROGRAMMING DIVISION
DATE: June 21,2012
To: Thomas G. plust, P.E.
Director of Engineering
FROM: Thomas G. Noechel
Programming Supervisor
SUBJECT: PROJECT NO. 51432, NASH WAY DRIVE
NORMA LEE TO MAPLE 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 West Bloomfield for the
resurfacing of Nashway Drive from Norma Lee to Maple Road.
The Charter Township of West Bloomfield has elected to use the Tr-Party Program to
fund the estimated total project cost of $75,000. Our total share is estimated to be
$25,000 and is in the FY12 budget.
The project is in the district of County Commissioner Marcia Gershenson. 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.
Recommended for Board Approval /je
Attachments
7-9T-t1
Zti
COST PARTICIPATION AGREEMENT
CONSTRUCTION
Nashway Drive
Norma Lee to Maple Road
Charter Township of West Bloomfield
Board Project No. 51432
This Agreement, made and entered into this V..siekk day of AOL., , 2012,
by and between the Board of Road Commissioners for the County of aakland, Michigan,
hereinafter referred to as the BOARD, and the Charter Township of West Bloomfield, hereinafter
referred to as the COMMUNITY, provides as follows:
WHEREAS, the BOARD and the COMMUNITY have programmed the resurfacing of
Nashway Drive from Norma Lee to Maple 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 $75,000; and
WHEREAS, said PROJECT involves certain designated and approved Tr-Party Program
funding in the amount of $75,000, 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:
. 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 preliminary engineering services and
administration in reference thereto.
2. The actual total cost of the PROJECT may include total payments to the
or,ntrnctnr.
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 $75,000 shall be funded as detailed below:
a. The Tr-Party Program funding is not to exceed $75,000.
b. The COMMUNITY agrees that any PROJECT costs above the Tr-Party
Program funding of $75,000 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 $25,000 (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 1, 2012, the COMMUNITY
shall submit an invoice to the COUNTY in the amount of $25,000 (being 100% of
the COUNTY'S Tr-Party contribution).
Nashway Drive
Charter Township of West Bloomfield
Project No. 51432
5/15/2012
- 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
COMMUNITY 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 one copy of the complete set of the As-built construction plans
containing the adjusted quantities of the PROJECT.
Nashway Drive
Charter Township of West Bloomfield
Project No. 51432
5/15/2012
- 3 -
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
CHARTER TOWNSHIP OF WEST BLOOMFIELD
Its
Its
- 4 - Nashway Drive
Charter Township of West Bloomfield
Project No. 51432
5/15/2012
Contractor Payments
Total Estimated Project Cost
$75,000
$75,000
EXHIBIT A
TRI-PARTY PROGRAM
Nashway Drive
Norma Lee to Maple Road
Charter Township of West Bloomfield
Board Project No. 51432
Resurfacing of Nashway Drive from Norma Lee to Maple Road.
ESTIMATED PROJECT COST
COST PARTICIPATION BREAKDOWN
COMMUNITY COUNTY BOARD TOTAL
FY08 Tr-Party Program $25,000 $25,000 $25,000 $75,000
TOTAL SHARES $25,000 $25,000 $25,000 _ $75,000
Nashway Drive
Charter Township of West Bloomfield
Project No. 51432
5/15/2012
- 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.
Nashway Drive
Charter Township of West Bloomfield
Project No. 51432
5/15/2012
- 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
Nashway Drive
Charter Township of West Bloomfield
Project No. 51432
5/15/2012
- 8 -
Resolution #12209 August 1, 2012
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MISC. #12209) August 23, 2012
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL
YEAR 2012 APPROPRIATION — CHARTER TOWNSHIP OF WEST BLOOMFIELD — NASHWAY
DRIVE — PROJECT NO. 51432
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 Rnnt-I Commission for Oakland County (Rrnr).
2. Funding of $25,000 is available in the General Fund Designated Fund Balance for Tr-Party 2012
and prior funding (account #383510) for project 51432.
3. This project is for the resurfacing of Nashway Drive from Norma Lee to Maple 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
$25,000
$25,000
$25,000
$25,000
'
FINPNCE CIF)M11/11TTEE
Jl-P.
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Woodward absent.
Resolution #12209 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).
HEREBY APPROVETRIS FiESOLUTION
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 23rd day of August, 2012.
(94.
Bill Bullard Jr., Oakland County