HomeMy WebLinkAboutResolutions - 2012.11.01 - 20577Miscellaneous Resolution#12272
BY: Commissioner Michael J. Gingell, District 3
RE: BOARD OF COMMISSIONERS - TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR
2013 APPROPRIATION - ROHR ROAD - CHARTER TOWNSHIP OF ORION - PROJECT
NO. 51552
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 109221 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 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 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 OFT 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 Charter Township of Orion, 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 Orion and said appropriation has
been transferred to a project account; and
WHEREAS the Charter Township of Orion 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 2013
authorized amount of Tr-Party Road Improvement funding for the Charter
Township of Orion is $22,333.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
hereby approves the project submitted by the Charter Township of Orion and
authorizes the release of Tr-Party Road Improvement Program funds from the
Oakland County Designated Fund Balance.
BE IT FURTHER RESOLVED additional project costs, not greater than 15% from
the original agreement, which are consistent with the pro',ect as originally
approved, will be paid when invoiced and appropriated in the quarterly
forecast resolution.
BE IT FURTHER RESOLVED that additional project costs exceeding 15% of the
original agreement will require a separate Finance Committee resolution to
appropriate the additional Oakland County share of the project costs prior to
payment.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward
Chairperson, I move the adoption of the foregoing Resolution.
iLhaer-J:Ci
copies of this resolution to the Road Commission. for Oakland County, Oakland
County Fiscal Services and the Charter Township of Orion.
QuALrrYUFE THROUGH GOOD ROADS:
ROAD COMMISSMS FOR OAKLAND COUNre
WE CARE."
for OAKLAND COUNT
Board of Road Commissioners
Ronald J. Fowlres
Commissioner
Gregory C. fernier;
Commissioner
Eric S. Wii5011
Commissioner
Dennis G. Kolar, P.E.
Managing Director
Gary Piofrowicz, P.E, P.T.O.E.
Deputy Managing Director .
County Highway Engineer
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2
Deputy-Secretary /Clerk of the Board
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Enclosure
cc: Dennis Lockhart
Tom Blust
Tom Noechel
Tim Soave
eorrirri• 6
Co, ,14Kisg6.-
October 11,2012
Ms. Penny Shults, Clerk
Charter Township of Orion
2525 Joslyn Road
Lake Orion, MI 48360
Re: PROJECT NO. 51552, ROHR ROAD
4138 ROHR ROAD AND 4152 ROHR ROAD
Dear Ms. Shults:
A fully signed and executed agreement for the above mentioned project is
enclosed.
The agreement was approved and subsequently signed by Dennis G.
Kolar, PE., Managing Director at the regularly scheduled Board meeting of
Thursday, October 11, 2012.
Please contact Thomas G. Noechel, Programming Supervisor at (248)
645-2000 ext. 2266 to answer questions or for additional information.
I Sincerely, ,
R . WI:w7/4/4 i
li Patricia L. Wierzbicki
31001 Lahser Road
Beverly Hills, MI
48025
248-645-2000
FAX
248-645-0452
TOO
248-645-9923
www.mocweb.org
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Attachments
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later—Departmental Memorandum
PROGRAMMING DIVISION
DATE: October 4, 2012
To: Thomas G. Blust, P.E.
Director of Engineering
FROM: Thomas G. Noechel 72311
Programming Supervisor
SUBJECT: PROJECT NO. 51552, ROHR ROAD
4138 ROHR ROAD AND 4152 ROHR ROAD
CHARTER TOWNSHIP OF ORION
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 Orion for drainage improvements
and resurfacing at 4138 Rohr Road and 4152 Rohr Road_
The Charter Township of Orion has elected to use the Tr-Party Program to fund the
total project cost of $67,000. Our total share is $22,334 and is in the FY13 budget.
The project is in the district of County Commissioner Michael J. Gingell. The agre6ment
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 Approve r „IQ/
'`4 /6 '
Thomas a Blust, P.E.
Director of Engineering
COST PARTICIPATION AGREEMENT
CONSTRUCTION
Rohr Road
4138 Rohr Road and 4152 Rohr Road
Charter Township of Orion
Board Project No. 51552
This Agreement, made and entered into this Y ,'‘ day of P.,%tt) , 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 Orion, hereinafter referred
to as the COMMUNITY, provides as follows:
WHEREAS, the BOARD and the COMMUNITY have programmed drainage
improvements and resurfacing of Rohr Road at 4138 Rohr Road and 4152 Rohr 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 $67,000; and
WHEREAS, said PROJECT involves certain designated and approved Tri-Party Program
funding in the amount of $67,000, 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 COMMA 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 engineering services, 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 $67,000 shall be funded as detailed below:
a. The Tr-Party Program funding is not to exceed $67,000.
6. Upon execution of this agreement, the COMMUNITY shall submit an invoice to the
BOARD in the amount of $22,334 (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 November 28, 2012, the
COMMUNITY shall submit an invoice to the COUNTY in the amount of $22,333
(being 100% of the COUNTY'S In-Party contribution).
Rohr Road
Charter Township of Orion
Project No. 51502
9/26)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.
Rohr Road
Charter Township of Orion
Project No. 51552
9/2612012
- 3 -
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 ORION
Its Super\i.-_
Its
Rohr Road
Chatter Township of Orion
Project No. 51552
9/2612012
- 4 -
Contractor Payments - Construction
Total Estimated Project Cost
$67,000
$67,000
EXHIBIT A
TRI-PARTY PROGRAM
Rohr Road
4138 Rohr Road and 4152 Rohr Road
Charter Township of Orion
Board Project No. 51552
Drainage improvements and resurfacing of Rohr Road at 4138 Rohr Road and 4152 Rohr
Road.
ESTIMATED PROJECT COST
COST PARTICIPATION BREAKDOWN
COMMUNITY COUNTY BOARD TOTAL
FY2012 Tr-Party Program $22,333 $22,333 $22,334 $67,000
1TOTAL SHARES $22,333 $22,333 $22,334 $67.000
Rohr Road
Charter Township of Orion
Project No. 51552
9126/2012
- 5 -
Exhibit $
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 =Wed
accounting procedures, and shall make said records available to the other during bUsiness hours upon request giving
reasonable noticb.. Suai 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, terrns, 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 on 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.
Rohr Road
Charter Township of Orion
Project No, 51552
9!26N1)12
- 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 employees 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,
Rohr Road
Charter Township of On
Project No. 51552
a26/2012
- 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 shalt 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 Read 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 insurahce 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
„
Rohr Road
Charier Township of Orion
Project No. 51552
9/2612012
- 8 -
Resolution #12272 October 18, 2012
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MISC. #12272) November 1, 2012
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL
YEAR 2013 APPROPRIATION — ROHR ROAD - CHARTER TOWNSHIP OF ORION — PROJECT NO.
51552
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 $22,333 is available in the General Fund Assigned Fund Balance for Tr-Party 2013
and prior funding (account #383510) for project 51552.
3. This project is for drainage improvements and resurfacing of Rohr Road at 4138 Rohr Road and
4152 Rohr Road.
4. The resolution allows for additional project costs not greater than 15% from the original
agreement, which is consistent with the project as originally approved, to be paid when invoiced
and appropriated in the quarterly forecast resolution.
5. Additional project costs exceeding 15% of the original agreement will require a separate Finance
Committee resolution to appropriate the additional Oakland County share of the project costs prior
to payment.
6. The FY 2013 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 2013
$22,333
$22,333
$22,333
$22,333
FIN,OCE CON/ft/Mil-TEE
r y
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Runestad absent.
Resolution #12272 November 1,2012
Moved by Hoffman supported by Jackson 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, Runestad, Scott, Taub, Weipert,
Woodward, Zack, Bosnic, Covey. (25)
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).
I HMEDY APPROVE THIS RESOLUTION
CHriF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45559A (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 November
1, 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 1 5t day of November, 2012.
R:Li2L
Bill Bullard Jr., Oakland County